Legal Notices and Disclaimers
No Recommendation. NOTHING HEREIN SHOULD BE CONSTRUED TO BE A RECOMMENDATION OR SOLICITATION FOR ANY INVESTMENT TO USERS OF THIS WEBSITE. REGISTERED USERS SHOULD NOT RELY UPON THIS DATA TO MAKE AN INVESTMENT DECISION.
Past Performance. PAST PERFORMANCE IS NOT AN INDICATION OF FUTURE PERFORMANCE. PERFORMANCE SHOWN IS THAT OF THE KABOUTER’S FUND(S) AND MAY NOT BE REFLECTIVE OF YOUR ACTUAL PERFORMANCE. YOUR ACTUAL PERFORMANCE MAY DIFFER.
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 this Website.
Forward-Looking Statements. Statements made on our Website that look forward in time involve risks and uncertainties and are forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Such risks and uncertainties include, without limitation, the adverse effect of a decline in the securities markets or a decline in Kabouter’s products’ performance, a general downturn in the economy, competition from other companies, changes in government policy or regulation, inability of Kabouter to attract or retain key employees, inability of Kabouter to implement its operating strategy and acquisition strategy, inability of Kabouter to manage rapid expansion and unforeseen costs and other effects related to legal proceedings or investigations of governmental and self-regulatory organizations. Further, not all securities, products or services described are available in all countries, and nothing on this site constitutes an offer or solicitation of these securities, products or services in any jurisdiction where their offer or sale is not qualified or exempt from registration.
Qualified Status. You agree to immediately advise Kabouter in the event that there is any change in your status as either an “accredited investor” or a “qualified purchaser.”
For the Public
The information provided on the Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country that would subject Kabouter to any registration requirement within such jurisdiction or country.
The password protected areas of the Website, and the information contained in or through those areas, may be accessed only by persons who have been authorized by Kabouter to use such areas pursuant to the Terms and Agreement and solely based on written representations and warranties or other information such persons have given to Kabouter.
Kabouter believes that the information on the Website is accurate as of the date of publication. However, Kabouter does not make any warranty of accuracy or completeness of the information, and it shall not be liable for any losses or damages relating to the adequacy, accuracy or completeness of any information on the Website or the use of such information. The information on the Website is provided for information only and should not form the basis of an investment decision.
The past is not necessarily a guide to the future performance of an investment. The value of investments may fall as well as rise and investors may not get back the amount invested. Changes in rates of foreign exchange may cause the value of investments to go up or down.
Nothing in the Website should be construed as a solicitation or offer, or recommendation, to acquire or dispose of any investment or to engage in any other transaction.
Sales of interests in the Kabouter’s funds (collectively, “Funds”) are made on the basis of the applicable private placement memorandum and information on this site does not constitute an offer to issue or sell, nor solicitation of an offer to subscribe or purchase, interests in any Kabouter Fund. The interests may not be offered in any jurisdiction in which such offer or solicitation is not authorized.
Kabouter does not provide investment advisory services to the public and nothing contained herein should be construed as an offer of Kabouter’s services or products.
For Non-U.S. Persons and Their Advisors
If you are a Non-U.S. person or their adviser, by using this Website, you are certifying that you are not a U.S. person (including a citizen or resident of the United States, a corporation, partnership or other entity organized under U.S. laws, any estate of which any executor or administrator is a U.S. person or any trust of which any trustee is a U.S. person), or acting on behalf of a U.S. person. If you are not sure whether you are considered a U.S. person, please contact Kabouter.
The information provided on the Website is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use is prohibited, or that would subject Kabouter to any registration requirement within such jurisdiction.
For U.S. and Canadian Institutional Investors and Distributors to U.S. Institutions
Although Kabouter is registered with the U.S. Securities and Exchange Commission (“SEC”) as an investment adviser, securities issued by Kabouter’s Funds have not been registered under the U.S. Securities Act of 1933, and have not been registered with, or approved by, the SEC, any state securities administrator or any other regulatory authority. The securities issued by Kabouter’s Funds therefore cannot be sold, transferred or pledged (although they may be redeemed as described in each fund’s offering documents) in the absence of such registration or the availability of an exemption therefrom. There is no public or other market for the securities, and no such market is expected to develop. Neither the SEC nor the securities regulatory authority or commission of any state of the United States has passed upon the value of the securities of the Kabouter Funds, made any recommendations as to their purchase, approved or disapproved any offering made by Kabouter Funds or passed upon the adequacy or accuracy of any information contained on the Website or in the offering materials for the Kabouter Funds. Any contrary representation is a criminal offense.
The Kabouter Funds have not been and will not be registered as investment companies under the U.S. Investment Company Act of 1940.
U.S. institutions entering this area of the Website represent to Kabouter that they are “accredited investors” as such term is defined under the U.S. Securities Act of 1933, and “qualified purchasers” as such term is defined under the U.S. Investment Company Act of 1940.
Canadian institutions entering this area of the Website represent to Kabouter that they are “accredited investors” as such term is defined under the Canadian National Instrument 45-106 – Prospectus and Registration Exemptions.
2. DISCLAIMER. The Website is designed for information purposes only, and you acknowledge that you are solely responsible for the use of it. While Kabouter will take reasonable care that the content on the Website is accurate, complete and up-to-date, Kabouter does not guarantee and makes no representation or warranty that the content and/or facilities available or accessible via the Website are accurate, complete or up-to-date or that access to it will be uninterrupted or error-free. Before you rely on information found on the Website, you must verify this information with the appropriate sources.
4. Intellectual Property. The Website, including the Materials, is owned by Kabouter or its licensors, and is protected under the copyright, trademark and other intellectual property laws of the United States and other countries as well as by international treaties and conventions. Using, copying, or storing any portion of the Website for other than your personal informational use without our prior written consent or the relevant licensor is expressly prohibited. The logos, services marks and trademarks of Kabouter are owned exclusively by us. All other trademarks, product names and company names or logos cited herein are the property of their respective owners. The Website may contain other proprietary notices and copyright information. You agree to abide by all applicable copyright, trademark and other intellectual property laws and with all additional copyright and trademark notices, information, and restrictions contained in any of the Materials.
5. Disclaimer of Warranties. The Materials published on the Website may include inaccuracies or typographical errors. The Website and all Materials are provided “as is,” without warranty of any kind, and we hereby disclaim all warranties and conditions with regard to the Website and the Materials, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant or make any representations regarding the use or the results of the use of the Materials or with respect to their correctness, accuracy, reliability, or otherwise. We do not warrant that the Website or any Materials will be provided on an uninterrupted or error-free basis, that defects will be corrected, that the Website or the server that makes it available are free of viruses or other harmful components or relating to any breach of security associated with the transmission of sensitive information through the Website or any linked site. In addition, we make no representation about the suitability of the Materials for any purpose. You (and not Kabouter) assume the entire cost and risk of using the Website and the Materials. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
6. Limitation of Liability. In no event will we or any of our affiliates, licensors, service providers or any third party be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the Website or with the delay or inability to use the Website, or for the Materials obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, strict liability or otherwise, even if we and/or any such person has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
8. Cookies. Cookies may be stored on your computer. By registering through this Website you will be consenting to the storage of cookies on your computer.
9. Hyperlinks. From time to time the Website may also include links to other websites maintained by third parties not affiliated with us and over which we have no control. These links are provided for your convenience. They do not signify that we endorse such website. We make no warranties or representations of any kind as to the accuracy, currency, or completeness of any content contained in such third party websites and shall have no liability for any damages or injuries of any kind arising from such content or information.
If you have any questions or comments about our legal statement, please contact us.