Legal Notices & Disclaimers

The following Legal Notice and Disclaimers apply to persons who access the materials made available at the website (“Website”) maintained by Kabouter Management, LLC (“Kabouter”). All use of the Website is subject to the Terms of Use that follow.

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.

Non-public personal information received directly or indirectly by Kabouter will not be disclosed to unaffiliated third parties except as required by law. See Kabouter’s Privacy Policy.

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.

TERMS OF USE

PLEASE READ CAREFULLY BEFORE CONTINUING TO THE FOLLOWING TERMS OF USE, WHICH FORM A BINDING CONTRACT BETWEEN A USER OF THE WEBSITE (“YOU”) AND COMPANY.

By accessing and using http://kaboutermgmt.wpengine.com/ (“Website”) maintained by Kabouter Management, LLC (“Kabouter”), you agree to observe and be bound by the following Terms of Use. These Terms of Use may be modified at any time, and your continued use of the Website shall be deemed acceptance of these Terms of Use, as may be amended from time to time. If you do not agree to these Terms of Use, you should exit and cease all use of the Website immediately.

1. Incorporation. These Terms of Use expressly incorporate Kabouter’s Privacy Policy and Legal Notices and Disclaimers.

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.

3. Limits on Use. The Website may be accessed and used solely for your personal, noncommercial use only. Access to any password-protected portion of the Website is limited exclusively to the person to whom a login id has been issued by Kabouter. You will keep your login id and password confidential and not disclose same to any third party. You will notify Kabouter immediately of any actual or suspected loss, theft or unauthorized use of your login id or password. All information obtained from the Website will be held in strict confidence and no information will be distributed to clients or potential clients of your firm unless such materials have previously been approved for distribution by your firm under a distribution agreement entered into between your firm and the applicable Kabouter fund (“Fund”) and/or Kabouter. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell in any way any information, documents, graphics, software or other materials (“Materials”) obtained from the Website, except that you may view the Materials in their present form and you may download on any single computer and print one (1) copy of the Materials for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. The Materials are subject to change without notice. You shall not use or introduce into the Website any device, software, or routine that could damage or interfere with the operation of the Website. You shall not directly or indirectly take any action to interfere with the operation of the Website or engage in any unlawful or infringing activity in connection with your use of the Website, including by way of example and not limitation, using any scraper, robot, spider, or other automated mechanism to access the Website or download material off of the Website. You also may not create a link from a third party website to this Website without the prior written permission of Kabouter. Kabouter reserves the right to monitor your use of the Website and to monitor your compliance with these Terms of Use. You acknowledge and hereby consent to such monitoring. Kabouter reserves the right to suspend or terminate your access to and use of the Website if, in Kabouter’s reasonable belief, you have violated any of the terms set forth in these Terms of Use.

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.

7. Indemnification. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, licensors and service providers harmless from and against any and all liabilities, judgments, fines, damages, settlements and costs (including reasonable attorneys’ fees and disbursements) incurred in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your use of the Website. You will cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by 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.

10. Modifications. We reserve the right, at our sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time. Please continue to review these Terms of Use whenever accessing or using the Website. Your use of the Website after the posting of changes, modifications, additions or deletions to these Terms of Use will constitute your acceptance of these Terms of Use, as modified.

11. Governing Law/Venue. Any dispute, controversy or claim arising out of or related to the Website or these Terms of Use shall be governed by and interpreted under the laws of the State of Illinois (excluding any rules of law that would lead to the application of the laws of any other jurisdiction). You agree to submit to the jurisdiction of the state and federal courts in Chicago, Illinois in respect of litigation arising out of or related to your use of the Website or with respect to these Terms of Use, waiving all affirmative and legal defenses in respect of jurisdiction, forum and venue. If any provision of these Terms of Use is determined to be invalid, superseded, illegal or unenforceable, in whole or in part, the validity, legality or enforceability of any of the remaining provisions or notices shall not in any way be affected or impaired thereby and shall continue in full force and effect.

If you have any questions or comments about our legal statement, please contact us.