TERMS AND CONDITIONS OF USE AND OTHER IMPORTANT INFORMATION
This website is maintained by Karya Capital Management LP (“Karya”). Karya is an investment adviser registered with the SEC. Registration with the SEC does not imply any level of skill or training.
Please read these terms carefully. By using this site, you agree to be bound by the terms and conditions below.
No Offer; Information for Discussion Purposes Only; Risk of Loss
The information on this website is for illustration and discussion purposes only. Nothing on this website is intended to be, nor should be construed or used as, investment, tax or legal advice, any recommendation or opinion regarding the appropriateness or suitability of any investment or strategy, or an offer to sell, or a solicitation of an offer to buy, an interest in any security, including an interest in any private fund or pool described herein (the “Funds”), any managed client account or any other private fund or pool advised by Karya or any of its affiliates. This information is qualified in its entirety by the information contained in a Fund’s confidential offering documents, including the private placement memorandum or other offering memorandum (collectively, the “Offering Documents”) or in the case of a managed account, in the relevant client agreement and other related documentation. Such documents must be reviewed carefully prior to making an investment. Any offer or solicitation of an investment in a Fund may be made only by delivery of the Fund’s Offering Documents to qualified investors and only in such jurisdictions in which such an offer would be lawful. The Offering Documents contain important information, including, among other information, a description of a Fund’s risks, investment program, fees and expenses, and should be read carefully before any investment decision is made. This material does not take into account the particular investment objectives, restrictions, or financial, legal or tax situation of any specific investor. An investment in a Fund is not suitable for all investors.
No representation is made that Karya’s or a Fund’s investment process, investment objectives, goals or risk management techniques will or are likely to be achieved or successful or that a Fund or any underlying investment will make any profit or will not sustain losses. An investment in a Fund involves risk, as disclosed in the Offering Documents. Karya may engage in investment practices or trading strategies that may increase the risk of investment loss and a loss of principal may occur. The risk management techniques which may be utilized by Karya cannot provide any assurance that a Fund or a separate account client will not be exposed to risks of significant trading losses. An investor is subject to potential loss of his/her investment.
Any descriptions involving investment process, investment examples, statistical analysis, investment strategies or risk management techniques are provided for illustration purposes only, will not apply in all situations, may not be fully indicative of any present or future investments, may be changed in the discretion of Karya and are not intended to reflect performance. Portfolio characteristics and limits reflect guidelines only and are implemented, and may change, in the discretion of Karya.
Portfolio, volatility or return targets or objectives, if any, are used solely for illustration, measurement or comparison purposes. Performance targets or objectives should not be relied upon as an indication of actual or projected future performance. Actual volatility and returns will depend on a variety of factors including overall market conditions and the ability of Karya to implement the investment process, investment objectives and risk management. No representation is made that these targets or objectives will be achieved, in whole or on part, by a Fund or managed account client.
Each recipient agrees, and the receipt of these terms serve as an acknowledgement thereof, that if such recipient determines to invest in a Fund or open a managed account, its determination will be based solely on the terms of the definitive agreement relating to such transaction and other related disclosure information and the recipient’s own investigation, analysis and assessment. No liability whatsoever is accepted for any loss (whether direct, indirect, or consequential) that may arise from any use of the information contained in or derived from the information presented herein. However, nothing herein shall in any way constitute a waiver or limitation of any rights available under the federal securities laws or other applicable federal or state laws.
Use of this Website and its Contents
This website is only for your personal use. The entire content of this website is subject to copyright with all rights reserved. You may not distribute, exchange, reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use for any public or commercial purpose without the prior written permission of Karya.
You may not, without Karya’s prior consent, disclose any content on this Website to any third party, except to your financial, legal or tax advisors, and others with whom you share investment decisions.
Certain areas of this website are password protected and the content of such areas are subject to the confidentiality provisions of the respective Karya Fund documents to which you agree to be bound. Access to such areas of this website is available only to U.S. and non-U.S. Fund investors and to clients of Karya. In the U.S., such access is available only to those persons who are “accredited investors” as defined in Regulation D under the U.S. Securities Act of 1933, as amended, and “qualified purchasers” as defined under the Investment Company Act of 1940, as amended. You are solely responsible for the confidentiality and security of your password and you accept full responsibility for any use of your password. You must notify Karya immediately of any actual or suspected loss, theft or unauthorized use of your password.
While Karya uses reasonable efforts to obtain information from sources which it believes to be reliable, Karya makes no representation that the information or opinions contained on this website are accurate, reliable or complete. The information and opinions contained in this website are provided by Karya for personal use and informational purposes only, do not take into account the particular investment objectives, restrictions, or financial, legal or tax situation of any specific investor, and are subject to change without notice. Nothing contained herein constitutes investment, legal, tax or other advice nor is to be relied on in making an investment or other decision. You should obtain relevant and specific professional advice before making any investment decision. Decisions based on information contained on this website are the sole responsibility of the user, and in exchange for using this website, the user agrees to hold Karya and its affiliates harmless against any claims for damages arising from any decisions that the user makes based on such information.
Any opinions, assumptions, assessments, estimates, projections, predictions, statements or the like (collectively, “Statements”) on this website regarding future events or which are forward-looking, including regarding portfolio characteristics and limits, constitute only subjective views, beliefs, outlooks, estimations or intentions of Karya, should not be relied on, are subject to change due to a variety of factors, including fluctuating market conditions and economic factors, and involve inherent risks and uncertainties, both general and specific, many of which cannot be predicted or quantified and are beyond Karya’s or a Fund’s control. Although Karya believes that the expectations in such Statements are reasonable, it can give no assurance that any Statements will prove to be correct. Such Statements are subject to actual known and unknown risks, uncertainties and other factors that could cause actual results to differ materially from those projected. In light of these risks and uncertainties, there can be no assurance and no representation is given that these Statements are now, or will prove to be accurate, or complete in any way. Karya expressly disclaims any obligation or undertaking to update or revise any Statement contained herein to reflect any change in its expectations or any change in circumstances upon which such Statement is based.
No Warranty and Limitation of Liability
The information and opinions contained on this website is provided without any warranty of any kind, either expressed or implied. It is provided “As Is” and “as Available”. Karya disclaims all representations and warranties, expressed or implied, of any kind with respect to the site including warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property and other proprietary rights.
WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITES OR ANY PART OF THE CONTENT.
KARYA’S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
In no event, including (without limitation) negligence, will Karya be liable for any loss or damage of any kind, including (without limitation) any direct, special indirect or consequential damages, even if expressly advised of the possibility of such damages, arising out of or in connection with the access of, use of, performance of, browsing in or linking to other sites from this website.
When you access certain links on this site you may leave the Karya website. Karya is not responsible for any of the websites linked to its website and does not endorse or accept any responsibility for the content of such websites nor the products, services or other items offered through such websites. Personal nonpublic information that Karya gathers from you will be governed by its Notice of Privacy.
Past performance is not necessarily a guide to, and is not indicative of, the future performance of an investment. Unless otherwise indicated, performance shown is unaudited, net of applicable management, performance and other fees, and expenses, presumes reinvestment of earnings and excludes investor specific sales and other charges. Please refer to a Fund’s Offering Documents for more information regarding the Fund’s fees, charges and expenses, which will reduce the Fund’s gains. Performance may vary substantially from year to year or even from month to month. An investor’s actual performance and actual fees may differ from the performance information shown. The value of investments may fall as well as rise and investors may not get back the amount invested. Changes in securities prices and rates of foreign exchange may cause the value of investments to go up or down.
Local Legal Restrictions
This website is not directed to any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of the website is prohibited. Persons in respect of whom such prohibitions apply must not access the site.
Right to Change or Modify these Terms and Conditions
Karya may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this website apply as soon as they are posted. By continuing to use this website after any changes are posted, you are indicating your acceptance of those changes. Karya may add, change, discontinue, remove or suspend any other content posted on this website, at any time, without notice and without liability.
Any notice to Karya shall be to its Chief Compliance Officer at (212) 201-1966.