Please read these legal terms and conditions carefully. By accessing Exceed Investments and any pages within this site, you agree to be bound by the terms and conditions (terms) set forth below. If you do not agree to these terms, do not access this site. Exceed Investments, “we” “our” can revise the terms and conditions at any time by posting the revised terms and conditions on this site.
Scope and Applicability
These terms of use are applicable to the Web pages, services, content, databases, and information (collectively, the services) provided by us to which you may have access by using the site from which you accessed this agreement. The content and information included in these services are provided by us and our third party affiliates. These services are made available by us subject to the terms and conditions of this agreement.
The Exceed Investments sites are intended to be made available only to persons in the United States, and the information on this web site is only for such persons. Nothing on the Exceed sites shall be considered a solicitation to buy or an offer to sell a security, or any other product or service, to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction.
By continuing to use the services, you are indicating your agreement to be bound by the terms of this agreement. If you do not agree Exceed Investments is not willing to provide you with access to the services and you should immediately discontinue your use of the services.
We may modify this agreement from time to time at our sole discretion and without notice to you. You should review this agreement periodically to ensure familiarity with its current terms and conditions. Your continued use of the services shall constitute your acceptance of this agreement and your continued use of the services following any modification of this agreement shall constitute your acceptance of such modifications to this agreement.
You may also be subject to additional terms and conditions that may apply when you use services provided by entities other than us on the site from which you accessed this agreement, or when you access any services provided by us from a site other than the one from which you accessed this agreement.
Privacy
Please review our Privacy Policy, which also governs your visit to Exceed Investments to understand our practices. To learn further information about us please view our Form ADV Part 2A.
Electronic Communications
When you visit Exceed Investments or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
All content provided on this site is owned by or licensed to Exceed Investments and/or our affiliates and protected by United States and international copyright laws. Exceed Investments, our licensors retain all proprietary rights to the content. The content may not be reproduced, transmitted, or distributed without our prior written consent.
Trademarks
All trademarks, service marks, trade names, logos, and graphics (collectively, marks) indicated on this site are registered trademarks or service marks of Exceed Investments and/or our affiliates, in the United States and other countries. You may not make any use of our marks without our prior written consent.
License and Site Access
Exceed Investments grants you a limited license to access and make personal use of this site, subject to the terms. This site and any portion within Exceed Investments may not be reproduced, duplicated, copied, downloaded, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, and form) of Exceed Investments and/or our affiliates without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or marks without our express written consent. Any unauthorized use terminates the license granted by us.
Third party content and research
The Exceed Sites include general news and information, commentary, interactive tools, quotes, research reports and data concerning the financial markets, securities and other subjects. Some of this content is supplied by companies that are not affiliated with any Exceed Entity (“Third Party Content”). On the Exceed Sites, the source of all Third Party Content is clearly and prominently identified. Third Party Content is available through framed areas, through hyperlinks to third party web sites, or is simply published on the site. The Third Party Content is protected by copyright pursuant to United States laws and international treaties and is owned or licensed by the Third Party Content provider(s) credited.
Exceed has not been involved in the preparation, adoption or editing of Third Party Content and does not explicitly or implicitly endorse or approve such content. The Third Party Content providers do not implicitly or explicitly endorse or approve the Third Party Content, nor do they give investment advice, or advocate the purchase or sale of any security or investment.
While Exceed makes every attempt to provide accurate and timely information to serve the needs of users, neither Exceed nor the Third Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party sites. Third Party Content is provided for informational purposes only and Exceed and the Third Party Content providers specifically disclaim any responsibility for Third Party Content available on the site. You will use Third Party Content only at your own risk. THE THIRD PARTY CONTENT IS PROVIDED ON AN “AS-IS” BASIS. THE THIRD PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE THIRD PARTY CONTENT PROVIDERS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In order to comply with applicable laws and regulations, Exceed may at times exclude content with respect to securities of issuers which are the subject of public offerings made available to Exceed’s customers, or otherwise. Certain other content filtering may take place from time to time based on objective criteria.
Links to Third-Party Sites
Some of the sites listed as links will let you leave our site and are not under our control. Access to any other site linked to www.exceedinvestments.com is at your own risk and we are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on any of those linked sites. We do not make any representations whatsoever concerning the content of those sites. The fact that we have provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation by us with respect to such site, its owners, or its providers; we are providing these links only as a convenience to you. We have not tested any information, software, products, or services found on those sites and therefore cannot make any representations whatsoever with respect to them. There are risks in using any information, software, products, or services found on the Internet; and we caution you to make sure that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.
Password Security and Notification
Certain parts of our sites may be protected by passwords or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of our sites, or to any other protected materials or information, through any means not intentionally made available by us for your specific use.
If you have a password for access to non-public areas of our sites, you are solely responsible for all activities that occur in connection with your password. Accordingly, you should take steps to protect the confidentiality of your password. Notify us immediately if you become aware of any disclosure, loss, theft, or unauthorized use of your password.
Disclaimer
Exceed Investments does not make any express or implied warranties about our sites, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Our sites are made available to you “as is” and “as available” and we do not warrant that any defects or inaccuracies will be corrected.
We do not warrant that our sites will meet your needs, or that they will be uninterrupted, timely, secure, or error-free. We also make no warranty that the results obtained from the use of our sites will be accurate or reliable, or that the quality of any products, services, information, or other materials purchased or obtained by you through our sites will meet your expectations. This provision may not apply to participants in certain employer-sponsored workplace savings plans.
Limitation of Liability
Exceed Investments will not be liable to you or anyone else for any consequential, incidental, special, or indirect damages (including, but not limited to, lost profits, trading losses, or damages that result from use or loss of use of our sites and third party content, inconvenience or delay). This is true even if we have been advised of the possibility of such damages or losses.
We will not be liable to you or anyone else for any loss resulting from a cause over which we do not have direct control. This includes failure of electronic or mechanical equipment and/or communications lines (including telephone, cable, and Internet), unauthorized access, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquakes, or other acts of God), fire, war, insurrection, terrorist act, riot, labor dispute and other labor problems, accident, emergency, or action or government.
If you live in a state that does not allow the limitation or exclusion of liability or incidental or consequential damages, or if you access our sites solely through an arrangement with your employer or plan sponsor, some or all of these limitations and exclusions may not apply to you.
Indemnification
As a condition of your use of our sites, you agree to indemnify and hold Exceed Investments and our third party affiliates harmless from and against any and all claims, losses, liability, costs, and expenses (including but not limited to attorneys’ fees) arising from your use of our sites, or from your violation of these terms. This provision may not apply to participants in certain employer-sponsored workplace savings plans.
Termination
Exceed Investments may discontinue or change the services, or their availability to you, immediately, at our sole discretion, at any time without cause. We may terminate this agreement and your access to and use of the services, or any portion thereof, immediately, at our sole discretion, at any time without cause.
Additional Disclaimers and Disclosures
All investments involve a level of risk, and past performance is not a guarantee of future results. Therefore, no current or prospective client should assume that the future performance of any specific investment, investment strategy (including the investments and/or investment strategies recommended by Exceed), or product made reference to directly or indirectly on the web site, or indirectly via link to any unaffiliated third-party web site, will be profitable or equal to corresponding indicated performance levels.
Different types of investments involve varying degrees of risk, and there can be no assurance that any specific investment will either be suitable or profitable for a client’s investment portfolio. No client or prospective client should assume that any information presented and/or made available on this web site serves as the receipt of, or a substitute for, personalized individual advice from Exceed or any other investment professional.
The information presented herein does not constitute and should not be construed as legal advice or as an offer to buy or sell any investment product or service. Any opinions or investment planning solutions herein described may not be suitable for all investors nor apply to all situations. All opinions expressed are those of Exceed Investments and are current only as of the date appearing on this material.
Historical performance results for investment indexes and/or categories generally do not reflect the deduction of transaction and/or custodial charges or the deduction of an investment-management fee, the incurrence of which would have the effect of decreasing historical performance results.
Back-tested performance data is subject to extensive additional disclosures, including disclosure concerning the limitations of back-testing, and use of the presentations only with appropriate audiences and in appropriate venues. Where the Firm presents this information, the material will be reviewed and approved by the CCO and by outside counsel, as deemed necessary by the CCO.
IRS CIRCULAR 230 DISCLOSURE: Pursuant to Circular 230 (U.S. Treasury Regulations governing tax practice), any tax advice contained in this presentation cannot be used by any taxpayer for the purpose of (i) avoiding penalties under the Internal Revenue Code and (ii) promoting, marketing or recommending to another party any transaction or matter addressed on this website.
Some investments may not be publically traded and they may only allow redemptions at certain times conditioned on various notice provisions and other factors as more fully described in the related offering and subscription documents provided at the time of the investment. Due to the nature of these types of investment funds, hedge funds, fund of funds, and similar partnership-like investments vehicles, they should be considered illiquid. In addition to restrictions on redemption, they often include holdback provisions that may delay a full redemption for several months or longer. There is no guarantee that the amount of the initial investment can be received upon redemption. Due to the nature of the tax reporting that may be available from these types of investments, clients may need to extend the filing of their tax returns.
Indices are statistical composites and are shown for informational purposes only. It is not possible to invest directly in an index. Indices are unmanaged and are not subject to management fees. Comparisons of individual account or portfolio performance to an index or benchmark composed of indices are unreliable as indicators of future performance of an actual account or portfolio. Actual performance presented represents past performance net of investment management fees unless otherwise noted. Other fees, such as custodial fees or transaction related fees may not be reflected in the actual performance results shown.
Certain information herein has been obtained from public third party data sources, outside funds and investment managers. Although we believe this information to be reliable, no representation or warranty, expressed or implied, is made, and no liability is accepted by Exceed Investments or any of its officers, agents or affiliates as to the accuracy, completeness or correctness of the information herein contained. In addition, due to the nature of an investment or the date of the creation of the attached presentation, some values shown or used in the calculation of performance may be based on estimates that are subject to change.
Entire Agreement
This agreement constitutes the entire agreement between you and Exceed Investments regarding your use of the services on the site from which you accessed this agreement. This agreement supersedes all previous and contemporaneous oral and written agreements between you and us regarding your use of the services on the site from which you accessed this agreement.
Jurisdiction
Any dispute arising from these terms will be resolved exclusively in the state and federal courts of the State of New York.
Severability
If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
