Victoire Finance Capital LLC

Legal Notice

Welcome to the Internet Website (the “Site”) for Victoire Finance Capital LLC (“Victoire”). This Site is owned and operated by Victoire. For the purposes of this agreement, “Victoire” shall mean Victoire and its affiliates and their officers, directors, managing directors, partners and employees. By using or accessing this Site, you agree to be legally bound and abide by the terms and conditions set forth below and elsewhere on this Site, which constitute a legal agreement between you and Victoire (“Agreement”). If you do not agree with any terms of this Agreement, you may not use this Site or download anything from it. Victoire reserves the right to change the terms of this Agreement at any time; you agree that in such event, you shall be bound by any such changes. You should therefore periodically review this Agreement prior to use of the Site. Your use of this Site constitutes your acceptance of the terms of this Agreement.

I. General Disclaimers

All persons using the Site operated by Victoire expressly agree to the following disclaimer as a pre-condition to using the Site for any purpose whatsoever. This is not an invitation or offer to purchase interests. The materials and any views expressed herein are provided solely for informational purposes and should not be construed in any way as an endorsement or inducement to invest in any of the alternative investment products mentioned herein. If any offer for investment is made, it shall be pursuant to a definitive offering memorandum by or on behalf of the respective hedge fund or other alternative investment product, which would contain material information not contained herein and which shall supersede this information in its entirety.

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE INFORMATION ON THIS SITE. ALL SITE INFORMATION AND THE SITE ITSELF ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY EXPRESSLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES OF ANY KIND TO YOU AND/OR ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THE USE OR INABILITY TO USE THE SITE, OR THE CORRECTNESS, QUALITY, ACCURACY, RELIABILITY, PERFORMANCE, COMPLETENESS, TIMELINESS OR CONTINUED AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE, INCLUDING THE INFORMATION THEREIN, WILL CONFORM TO ANY DESCRIPTION THEREOF OR PERFORM ANY DESIRED OPERATIONS OR FUNCTIONS, BE UNINTERRUPTED OR ERROR-FREE, OR BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DISABLING OR HARMFUL COMPONENTS.

All information provided to Victoire through your use of the Site is subject to Victoire’s Privacy Policy, which is disseminated to its investors on an annual basis. The security of our investor’s personal information is important to us. We will never sell, distribute or share any of this information with third parties, except for companies that provide services necessary to maintain your Victoire account, such as our prime broker, accountants, banks and administrator, who are under obligations of confidentiality.

Hedge fund investing is speculative and may involve substantial investment, liquidity and other risks. Any decision to invest in a fund described herein should be made after reviewing the definitive offering memorandum for the respective fund, conducting such investigations as the investor deems necessary and consulting the investor's own investment, legal, accounting, and tax advisors in order to make an independent determination of the suitability and consequences of an investment in the respective fund. Hedge funds can be leveraged and their performance results can be volatile. Certain investments may not be suitable for all investors. Past performance is no indication of future results. There is no secondary market for the investors' interest in the respective fund. The fund's high fees and expenses may offset the fund's profits.

II. Restrictions on Use and Intellectual Property Rights

This Site is a private web site. It is intended for the use of the individual entity that has been allowed and specifically authorized to view the information contained herein. Any information on this Site referring specifically to hedge funds or other alternative investment products offered by Victoire is only available for view with a username and password, which can be obtained by registering and becoming pre-qualified by Victoire. All user names and passwords shall be maintained in confidence by you and may not be used by other persons without the written consent of Victoire.

Victoire reserves the right at any time, upon any violation of this Agreement or other violation of law, misuse of this Site or other acts by you, which in the opinion of Victoire violate or threaten any of Victoire’s rights or those of any other person or entity, to terminate any registered user's account and/or or suspend and user’s access to the Site, without giving notice to the user.

Any dissemination, distribution or copying of any information on this Site, which is not for personal use, is strictly prohibited. Authorized users of the Site may view, download and print information and materials on the Site for personal and internal business use, provided that all hard copies of such information and material contain all copyright and other applicable notices. Users may not reproduce, modify, copy, alter in any way, distribute, sell, resell, transmit, transfer, license, assign, or publish any information obtained from the Site. Users shall not use the Site at any time for any purpose that is unlawful or prohibited and shall comply with any applicable local, state, national, or international laws or regulations when using the Site.

Victoire logos and marks included on the Site, identifying the Site's services and products, are proprietary trademarks and service marks owned by Victoire. The use of such logos and marks without the express written consent of Victoire is strictly prohibited. Victoire or its licensors own all content on the Site and all copyrights in such content, including without limitation all text, graphics, images, charts, data, screen displays and menus. The unauthorized use of any material on the Site may violate numerous statutes, regulations, and laws, including, but not limited to, copyright, trademark, trade secret, or patent laws.

III. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VICTOIRE WILL NOT BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, PERMANENT OR TEMPORARY LOSS OR CORRUPTION OF CONTENT OR LOSS OF GOOD WILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, EVEN IF VICTOIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) THE COST OF PROCURING SUBSTITUTE GOODS, DATA, SERVICES OR TECHNOLOGY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT. VICTOIRE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THIS SITE SHALL BE THE CANCELLATION OF YOUR ACCOUNT WITH VICTOIRE AND TERMINATION OF YOUR ACCESS RIGHTS TO THIS SITE.

IV. Indemnification

You agree to indemnify, defend and hold harmless Victoire from any loss, liability, damage or injury (including reasonable attorneys’ fees) incurred by Victoire or asserted against Victoire as a result of (a) any use or misuse by you of the Site, (b) any actions related to your receipt and use of the Site Information, whether or not authorized, (c) any infringement by you of any of our intellectual property rights, (d) your breach of any of the provisions contained in this Agreement, (e) the authorized or unauthorized use by others of your user name, password or account, and (f) claims asserted by third parties which, if proven, would place you in breach of any of the provisions contained in this Agreement.

V. Choice of Law and Jurisdiction

The terms and construction of this Agreement are governed by the laws of the State of New York, without regard to common law principles.
THE SOLE JURISDICTION AND VENUE FOR ANY ACTIONS OR CLAIMS RELATED TO OR ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THIS SITE SHALL BE IN THE STATE AND FEDERAL COURTS LOCATED IN THE STATE AND COUNTY OF NEW YORK, AND YOU AND VICTOIRE HEREBY CONSENT TO SUCH EXCLUSIVE PERSONAL JURISDICTION AND WAIVE ANY OBJECTION OR DEFENSE BASED ON VENUE OR INCONVENIENT FORUM.

VI. Miscellaneous

If any provision in this Agreement is held to be invalid or unenforceable, then the remaining provisions shall continue in full force and effect. This Agreement, together with the Victoire Privacy Policy, constitutes the entire agreement between you and Victoire concerning your use and access to the Site, and supersedes any prior agreements or understandings between you and Victoire regarding the same. You may not assign or otherwise transfer your rights under this Agreement without the prior written consent of Victoire.