TERMS OF USE
Ownership of Site & Copyright

The Blue Clay Capital website is owned by Blue Clay Capital Management, LLC (“Blue Clay Capital”).  The Blue Clay Capital website and any and all accompanying screens, information, materials, user documentation, user interfaces, images, arrangements of information, related software and other proprietary property of Blue Clay Capital or its licensors accessible via the website (collectively hereafter referred to as the "Blue Clay Capital Website" or the “Website”) are and shall remain the exclusive property of Blue Clay Capital and its licensors, as the case may be.  All rights to the Blue Clay Capital Website remain with Blue Clay Capital or its licensors.  By accessing the Blue Clay Capital Website, you accept in their entirety and without modification these terms and conditions pertaining to the use of the Blue Clay Capital Website.  Blue Clay Capital reserves the right to change the terms, conditions and notices under which the Blue Clay Capital Website is offered without notice at any time.  The Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the Website.

 

All materials on this site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices.  Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

 

Unauthorized Access

The Website is not absolutely protected against unauthorized third parties.  You acknowledge that any information provided through the Internet may be potentially accessed by unauthorized third parties.  Although Blue Clay Capital will make reasonable efforts to protect the privacy of users of the Website, no guarantee can be made that unauthorized third parties will not access the information contained on the Blue Clay Capital Website.  You acknowledge that Blue Clay Capital is not responsible for notifying you that unauthorized third parties have gained such access or that any data has been otherwise compromised during transmission across computer networks or telecommunications facilities, including, but not limited to, the Internet.

 

No Reliance

While Blue Clay Capital uses reasonable efforts to update the information on the Website, Blue Clay Capital makes no representations or warranties as to the accuracy, reliability or completeness of any information at the Website.  Any content on the Website are subject to change without notice and provided without warranties of any kind, either express or implied.

 

No Offer/Local Restrictions

AS REQUIRED BY THE U.S. SECURITIES AND EXCHANGE COMMISSION, THIS PASSWORD-PROTECTED WEB SITE MAY ONLY BE ACCESSED BY EXISTING INVESTORS IN THE BLUE CLAY FAMILY OF PRIVATE FUNDS, WHO, AMONG OTHER REQUIREMENTS, ARE QUALIFIED AS ACCREDITED INVESTORS OR WHO GENERALLY ARE SOPHISTICATED IN FINANCIAL MATTERS SUCH THAT THEY ARE CAPABLE OF EVALUATING THE MERITS AND RISKS OF PROSPECTIVE INVESTMENTS.

 

Nothing contained in or on the Website should be construed as a solicitation of an offer to buy or offer, or recommendation, to acquire or dispose of any security, commodity, investment or to engage in any other transaction.  Any such offer or solicitation will be made only by means of delivery of a confidential private offering memorandum or investment management contract to qualified investors in those jurisdictions where permitted by law.  The information provided on the Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.  All persons and entities accessing the Website do so of their own initiative and are responsible for compliance with applicable local laws and regulations.  The Website is not directed to any person in any jurisdiction where the publication or availability of the Website is prohibited, by reason of that person's nationality, residence or otherwise.  Persons subject to these restrictions must not access the Website.

 

Passwords and Security

You are responsible for the confidentiality and use of your password. Your password is an important means of protection for you.  You agree to notify us immediately if you believe that an unauthorized person has obtained access to your password.

 

Links

Blue Clay Capital makes no representations whatsoever about the opinions of any third party appearing on a linked site, neither regularly monitors nor has control over the contents of such sites and does not endorse, and disclaims all responsibility for, the content of such statements or websites.

 

Privacy Policy

Blue Clay Capital’s privacy policy is available upon request of Blue Clay Capital staff, who may be contacted atinfo@blueclaycapital.com.

 

Blue Clay Capital reserves the right, but does not have the obligation, to access, archive, or monitor any use of this Website, including without limitation your use of this Website and your communications to the Website.  By using the Website, you accept our right to access, archive, or monitor usage to ensure service quality, or to evaluate the Website, the security of the Website, compliance with these Terms of Use, or for any other reason.  You agree that our monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Blue Clay Capital monitors your Website usage and enforces, or fails to enforce, these Terms of Use. You further agree that in no event will Blue Clay Capital be liable for any damages incurred by you as a result of our usage monitoring.

 

Assistance

If you need assistance with the Blue Clay Capital Website, or if you need to communicate with Blue Clay Capital, you may telephone or write Blue Clay Capital staff at (612) 200-1740 or info@blueclaycapital.com.

 

No Warranty

THE WEBSITE, INCLUDING INFORMATION AND MATERIALS CONTAINED IN THE WEBSITE, TEXT, GRAPHICS, SOFTWARE, LINKS AND OTHER ITEMS ARE PROVIDED "AS IS" AND "AS AVAILABLE".  BLUE CLAY CAPITAL DOES NOT WARRANT THE ACCURACY, ADEQUACY, COMPLETENESS, TIMELINESS OR AVAILABILITY OF THE WEBSITE, AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE WEBSITE.  THERE IS NO WARRANTY OF MERCHANTIBILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NO WARRANTY OF NON-INFRINGEMENT, AND NO WARRANTY OF ANY OTHER KIND, IMPLIED, EXPRESS OR STATUTORY, IN CONJUNCTION WITH THE WEBSITE.

 

ANY DATED MATERIALS OR INFORMATION INCLUDED ON THIS WEBSITE ARE PROVIDED ONLY FOR HISTORICAL OR ARCHIVAL PURPOSES. DATED MATERIALS OR INFORMATION ARE CURRENT, APPLICABLE AND RELEVANT ONLY AS OF THE DATE OF THEIR ISSUE AND SHOULD NOT BE RELIED UPON AS BEING CURRENT AFTER THAT DATE.

 

Limitation of Liability; Indemnification

IN NO EVENT WILL BLUE CLAY CAPITAL BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE WEBSITE OR USE THEREOF OR THE INABILITY BY ANY PARTY TO USE THE WEBSITE, 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 BLUE CLAY CAPITAL, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

 

YOU FURTHER ACKNOWLEDGE THAT NOTHING CONTAINED ON THIS WEBSITE CONSTITUTES INVESTMENT, LEGAL, TAX OR OTHER ADVICE, NOR IS IT TO BE RELIED UPON IN MAKING ANY INVESTMENT OR OTHER DECISIONS. YOU SHOULD SEEK PROFESSIONAL ADVICE PRIOR TO MAKING ANY INVESTMENT DECISIONS.

 

You hereby agree to indemnify, defend and hold Blue Clay Capital, its affiliates and their officers, directors, members, principals, investors, agents and employees harmless from and against any and all liability incurred by these parties in connection with any claim arising out of your use of the Website, your connection to the Website, or any breach by you of these Terms of Use, including without limitation attorneys' fees and costs. You shall cooperate as fully as reasonably required or requested in the defense of any claim. Blue Clay Capital reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Blue Clay Capital.

 

Performance

PAST PERFORMANCE IS NOT NECESSARILY INDICATIVE OF FUTURE RETURNS. ANY INFORMATION YOU RECEIVE FROM BLUE CLAY CAPITAL. IS BELIEVED TO BE RELIABLE. NEVERTHELESS, NEITHER BLUE CLAY CAPITAL, ITS LICENSORS, NOR ITS AGENTS ARE LIABLE FOR ANY DEFICIENCIES IN THE ACCURACY, COMPLETENESS, AVAILABILITY OR TIMELINESS OF SUCH INFORMATION. THE INFORMATION PROVIDED ON THE WEB SITE DOES NOT NECESSARILY REFLECT THE MOST UP TO DATE OR CURRENT INFORMATION AVAILABLE. THE INFORMATION CONTAINED HEREIN IS PROVIDED WITHOUT ANY WARRANTY OF ANY KIND.

 

Performance

PAST PERFORMANCE IS NOT NECESSARILY INDICATIVE OF FUTURE RETURNS. ANY INFORMATION YOU RECEIVE FROM BLUE CLAY CAPITAL. IS BELIEVED TO BE RELIABLE. NEVERTHELESS, NEITHER BLUE CLAY CAPITAL, ITS LICENSORS, NOR ITS AGENTS ARE LIABLE FOR ANY DEFICIENCIES IN THE ACCURACY, COMPLETENESS, AVAILABILITY OR TIMELINESS OF SUCH INFORMATION. THE INFORMATION PROVIDED ON THE WEB SITE DOES NOT NECESSARILY REFLECT THE MOST UP TO DATE OR CURRENT INFORMATION AVAILABLE. THE INFORMATION CONTAINED HEREIN IS PROVIDED WITHOUT ANY WARRANTY OF ANY KIND.

 

Trademarks

Except as specifically permitted in these Terms of Use, nothing contained in these Terms of Use or the Website either grants or shall be construed to grant to you or any third party, by implication, estoppel or otherwise, any title or interest in, or any license or right to use or reproduce, any trademark, logo or service mark contained in the Website, including without limitation the name or logo of Blue Clay Capital, any of its affiliates and/or any other entity described on the Website.

 

General

If any provision of these Terms of Use is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction.

 

This Website contains views and opinions which, by their very nature, are subject to uncertainty and involve inherent risks. Predictions or forecasts described or implied, may prove to be wrong. Investing involves risk, including the possible loss of principal. Any portfolio risk management processes discussed herein are an effort to monitor and manage risk, but should not be interpreted as and do not imply low risk or the ability to control risk. Risk policies and limits imposed by Blue Clay Capital are subject to change and may be exceeded from time to time due to, among other things, market fluctuations.