Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE.  DO NOT USE THE SITE IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN.  YOUR USE OF THIS SITE CONSTITUTES YOUR IRREVOCABLE ACCEPTANCE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN.

 

Welcome to the Gerber/Taylor website (the "Site").  Any reference to "Gerber Taylor," "we," "us" or "our" below shall mean Gerber/Taylor and its affiliates.  The Site and the data, information, products, materials, services and other content available on or through the Site (collectively, the "Content") are proprietary to Gerber Taylor, its vendors and service providers, any persons specifically authorized by these parties, and other third parties; are protected by copyright, trade secret and other related proprietary rights, including U.S. and international copyright and trademark laws and treaties; and are confidential to the extent password-protected.  You agree not to copy for non-personal use, publish, disclose or otherwise distribute to third parties any Content, without receiving prior written consent from Gerber Taylor.

 

1.         TERMS AND CONDITIONS

Each time you access, view or use the Content you agree and indicate that you (i) understand these Terms of Use, (ii) intend these Terms of Use to be the legal equivalent of a signed, written contract and equally binding, and (iii) accept these Terms of Use and agree to be legally bound by them.

 

The Site is offered to you conditioned upon your acceptance, without modification, of the terms, conditions, and notices contained herein.  Your use of the Site constitutes your agreement to and understanding of all such terms, conditions, and notices.  We reserve the right to change, at our discretion, the Content, and any terms, conditions, and notices under which the Site and the information and services offered through the Site are offered, without further notice to you.  Your continued use of the Site will signify your agreement with and understanding of any additional or modified Content, validity, terms, conditions or notices applicable to the Site.

 

2.         LICENSE

The Site and the Content are provided by us as a service to you.  In order to access and use the Site, you are granted a limited, nonexclusive, revocable and nontransferable license to use the Site, conditioned on your continued compliance with these Terms of Use.

 

You may not modify, copy, distribute, broadcast, transmit, display, reproduce, publish, license, create derivative works based on, transfer, sell or otherwise use, in any medium, any Content, except you may, for your sole personal use and information, access, use and store the Content or any portion thereof solely for your own personal, and not commercial, purposes.  Any personal copy of the information contained on this Site shall retain all copyright and other such notices.  As a further condition of use of the Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, and you will comply with any applicable local, state, national, or international laws or regulations when using the Site.  You are prohibited from violating or attempting to violate the security of the Site.  You may not create a third party link to this Site without prior written consent from Gerber Taylor.

 

Nothing at the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any image, trademark, logo or service mark at the Site.  No act of downloading, storing, accessing, using, or otherwise copying from the Site will transfer title to any software or material at the Site to you.  You may not decompile, reverse engineer, disassemble, or otherwise reduce any computer files obtained from the Site to a human-perceivable form.  Anything that you transmit to the Site becomes our property, may be used by us for any lawful purpose (subject to any further agreement between us and you), and is further subject to disclosure as deemed appropriate by us, including to any legal or regulatory authority to which we are subject.  We reserve all rights with respect to copyright and trademark ownership of all Content, and will enforce such rights to the full extent of the law.

 

3.         USE OF SITE

The information, products and services described on this Site are not intended for distribution to, or use by, and are in particular not directed to, any person or entity in any jurisdiction or country where (by reason of that person's nationality, residence or otherwise) such distribution or use would be prohibited or contrary to any law or regulation or would obligate us to comply with any additional law, regulation, registration or similar requirement within such jurisdiction or country.  Persons in respect of whom such prohibitions apply may be restricted in their ability to access the entire Site.  Not all products and services offered by Gerber Taylor are available or offered to all investors in all jurisdictions.

 

United States:  Gerber Taylor's strategies are offered only to sophisticated investors who are "qualified eligible persons" as defined by the United States Commodity Futures Trading Commission.

 

Only persons deemed qualified (or their authorized representatives) will be permitted access to the password-protected parts of the Site.  Scope of access will be limited based on level of qualification.

 

The Content on the Site is intended for informational purposes only.  We do not provide recommendations, investment advice or any other advice to you or any other party through the Site, and, other than confidential offering documents for specific funds, no information or material at the Site is to be relied upon for the purpose of making or communicating specific investment or other decisions.  Nothing on this Site is intended to be, nor should it be construed or used as, financial, legal, tax or investment advice, an opinion of the appropriateness or suitability of any investment, or an offer, or the solicitation of any offer, to buy or sell any security, including an interest in any private investment fund managed by Gerber Taylor.  No such offer or solicitation may be made prior to the delivery of appropriate offering documents to qualified investors.  Before making any investment, an investor should thoroughly review the particular investment with the investor's financial, legal and tax advisors to determine whether such investment is suitable for the investor in light of the investor's investment objectives, financial circumstances and tax situation.

 

4.         PRIVACY POLICY

The terms of Gerber Taylor's Privacy Policy are hereby incorporated as part of these Terms of Use.  Gerber Taylor’s Privacy Policy can be found on the site.

 

5.         CONFIDENTIALITY ON INTERNET

Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations.  While we have endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from the Site over the Internet cannot be guaranteed.

 

Accordingly, we are not responsible for the security of any information transmitted via the Internet or for the consequences of any reliance on such information.  You assume the sole and complete risk for using the Site and must make your own determination as to these matters.

 

6.         SECURITY OF SITE

Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution.  For your protection, we reserve the right to view, monitor, and record activity on the Site without notice or permission from you.  Any information obtained by monitoring, reviewing, or recording is subject to review by appropriate governmental, regulatory and law enforcement organizations in connection with applicable law, including the investigation or prosecution of possible criminal activity on the Site. 

 

Users are responsible for maintaining the confidentiality of the user name and password ("login information") we provide you for accessing the password-protected parts of the Site, and for securing all facilities, products and equipment that might allow access to the Site (collectively, "Resources").  Users must not share their login information with any third party and are solely responsible for any and all activity that takes place under their login information, whether or not authorized by you.  Users agree to notify us immediately (i) in the event of the loss or theft of their login information, (ii) if they believe the confidentiality of their login information has been compromised in any way, or (iii) in the event they learn of the possible or actual unauthorized use of their login information.  We reserve the right to revoke a User's login information at any time, for any reason, without prior notice.

 

We may require Users to provide additional and/or more detailed information to verify their identity when we deem it necessary or appropriate to do so.

 

7.         LINKS TO OTHER SITES

We may permit users to have access, through hypertext or other computer links, from the Site to web sites operated by persons other than us.  In such cases, such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such web sites' owners.  A hyperlink from this Site to another web site does not imply or mean that we endorse, recommend, or approve the content on that web site or the operator or operations of that web site.  We are not responsible for the privacy practices or the operation, content, security or policies, including privacy policies, of any other web site that is linked or linking to the Site, and we shall have no liability to you or any other person or entity for the use of, or inability to use, any third party web sites. 

 

8.         EVENTS BEYOND OUR CONTROL

You expressly absolve and release us and our affiliates, officers, directors, employees or agents from any claim of harm resulting from a cause beyond our control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist attacks, or governmental restrictions.

 

9.         NO WARRANTIES

The Site and all Content are provided on an "AS IS" and "AS AVAILABLE" basis.  We make no, and hereby disclaim all, representations and warranties, expressed or implied, of any kind whatsoever, to the fullest extent  permissible pursuant to applicable law, including the accuracy, timeliness, validity or completeness of the information available via the Site and any warranties of fitness for a particular purpose, merchantability or non-infringement.  While we make no commitment to update the content, we reserve the right to make changes and corrections at any time, without notice.  We reserve the right to make unavailable at any time this Site or the Content.

 

10.       LIMITATION OF LIABILITY AND INDEMNITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Gerber Taylor or its affiliates, officers, directors, employees or agents be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses that result from the use of, or the inability to use, the Content or the Site or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Gerber Taylor, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

 

AS A CONDITION OF YOUR USE OF THE SITE, TO THE EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS GERBER TAYLOR AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) ARISING IN CONNECTION WITH YOUR USE OF THE GERBER TAYLOR WEBSITE, OR FROM YOUR VIOLATION OF THESE TERMS OF USE.

 

11.       GOVERNING LAW

These Terms of Use have been made in and will be construed and enforced in accordance with the Federal Laws of the United States of America and the internal laws of the state of Tennessee applicable to contracts made and to be performed within the state.  Your consent to these Terms of Use includes your consent to exclusive jurisdiction and venue in the courts located in the City of Memphis, State of Tennessee.  Any action to enforce these Terms of Use and/or arising out of or relating to these Terms of Use must be brought in the state or federal courts located in the City of Memphis, State of Tennessee.  Your consent to the jurisdiction and venue of such courts is irrevocable.  You waive all defenses of lack of jurisdiction, venue, or forum non conveniens.

 

12.       TERMINATION

We reserve the right at any time in our sole discretion to deny you or any User access to the Site or any portion thereof and to terminate these Terms of Use.  Termination of access or these Terms of Use may be effective without notice.

 

13.       MISCELLANEOUS

Failure to insist on strict performance of these Terms of Use will not operate as a waiver of any subsequent default or failure of performance.  No waiver by us of any right under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.  References to "you" in the Terms of Use shall mean all users of the Site.

 

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of these Terms of Use, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of these Terms of Use, and, if possible, the then invalid or unenforceable provision will be deemed superseded and replaced by a valid, enforceable provision that most clearly matches the intent of the original provision.  Any rights not expressly granted herein are reserved.

 

The Terms of Use, and other terms and conditions and similar provisions that may be applicable to you regarding the Site, including any registration questionnaires you complete through the Site (all of which are hereby incorporated as if set forth fully herein), represent the entire agreement between us and you with respect to use of and Content available on or through the Site, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between us and you with respect to the Site.

 

14.       FURTHER RISK DISCLOSURES

Gerber Taylor's strategies are available only to qualified investors who have reviewed detailed information regarding investment terms and risks. These risks include the following:

 

 

  • There is no guarantee that Gerber Taylor's strategies will result in profit.

  • Performance may be volatile and an investor could lose a substantial amount or all of its investment.

  • Past performance is not necessarily indicative of future results.

  • Gerber Taylor's strategies are highly dependent on technology and electronic systems. Any errors or system failures could prevent Gerber Taylor from carrying out its strategy and result in significant losses.

  • An investor will have no trading authority over assets placed under Gerber Taylor's management.

  • Fees and expenses will reduce profits and at times may be significant.

  • None of our strategies is intended, by itself, to provide an investor with a diversified investment program or otherwise tailored to suit any investor's overall investment needs.

  • Gerber Taylor's strategies employ futures and derivatives. These instruments are inherently leveraged, may be highly volatile and are subject to government intervention in the relevant markets.

  • Investments managed by Gerber Taylor may become illiquid and Gerber Taylor may be unable to liquidate any particular position.