The funds that the Firm advises are not offered through the Site. Any such fund may offer its securities only after you have received that fund’s Confidential Offering Circular or Private Offering Memorandum and have had the opportunity to discuss with the Firm all matters concerning any prospective investment that you desire. The Site does not provide all information material to an investor’s decision to invest in any such fund, including, but not limited to, risk factors. For more information, please refer to the applicable fund’s Confidential Offering Circular or Private Offering Memorandum and read it carefully before you invest.
The information on the Site is intended to enable investors to understand the nature of the Firm’s financial advisory services. It is not intended as and does not constitute investment advice or legal or tax advice or an offer to sell any securities to any person or a solicitation of any person of any offer to purchase any securities. Such information should not be construed as any endorsement, recommendation or sponsorship of any company or security. There are inherent risks in relying on, using or retrieving any information on the Site. The Firm urges you to make sure you understand these risks before relying on, using or retrieving any such information. You should seek the advice of professionals, as appropriate, to evaluate such information and any opinion, advice, product or service.
The Firm’s services are designed to integrate with the services provided by its clients’ other financial, legal and tax advisers, not to replace their services. The Firm advises its clients from time to time on non-investment related matters, but clients must rely on their other professional advisers for final approval and/or implementation of non-investment matters.
You acknowledge that any requests for information that you make to the Firm are unsolicited and any information provided in response to such a request is not the Firm’s investment advice to you or the formation of an investment advisory relationship, or any other client relationship between you and the Firm. The Firm strongly recommends that you seek outside advice from a qualified securities professional. The Firm does not guarantee the suitability or potential value of any particular investment or information source. The Firm, its employees, managers, members, affiliates or clients may invest or otherwise hold an interest in companies or securities that may be discussed on the Site. You agree the Firm is not liable for any action you take or decision you make in reliance on any of the Site's contents.
The funds or other investment products referenced on this Site are not offered under the private placement regime of any member state of the European Economic Area (“EEA”) for the purposes of the Alternative Investment Fund Manager Directive 2011/61/EU (the “AIFMD”). If you are accessing this Site from any EEA member state or accessing this Site on behalf of , or in connection with the services you provide for the account of, one or more persons resident or with a registered office in an EEA member state (“EEA Parties”) (e.g. acting as an adviser, allocator, marketer or another intermediary that solicits investors, recommends, offers or distributes fund products to EEA Parties (“Gatekeeper”), you represent and warrant that: (1) you have accessed this Site for the purposes of receiving information about potential investment in one or more Criterion funds on your own initiative and not as a result of prior marketing or solicitation by Criterion; (2) you are a professional investor, as defined for the purposes of AIFMD; and (3) if you are a Gatekeeper to EEA Parties, you will not distribution any information you obtain on the Site to any EEA Party or another Gatekeeper to EEA Parties in a manner that may cause Criterion or its funds to violate the AIFMD. Any personal data which we may receive directly from you or third parties will be processed in the United States or other non-EEA jurisdictions and may not receive equivalent legal protections to those afforded under the General Data Protection Regulation. Please refer to our Privacy Notice for further information.
THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY, OR INVESTMENT STYLE IS NOT INDICATIVE OF NOR A GUARANTEE OF FUTURE PERFORMANCE.
The performance data presented in the Site reflect the reinvestment of dividends and other earnings, and net figures reflect the deduction of expenses, management fees and incentive fees and allocations. The performance results have not been compiled, reviewed or audited by an independent accountant. Results for the current year are based on the internal books and records of each fund and are subject to adjustment when that fund’s financial statements for the current year are audited. Dated information speaks only as of the date indicated. The Firm makes reasonable efforts to provide accurate information, but at times may not promptly update or correct the Site even if the Firm is aware it is inaccurate, outdated, or otherwise inappropriate. The Firm may change all or any portion of the Site at any time without notice to you. The Firm does not endorse the opinions of, or warrant the accuracy of facts or other information contributed by, any third party. The Firm believes that the performance shown in the Site was generated with an investment philosophy and methodology with respect to each fund, similar to that described in that fund’s Confidential Offering Circular or Private Offering Memorandum and that the Firm would expect to use in the future for that fund. Future investments, however, will be made under different economic conditions and in different securities and may be made using different investment strategies than were used during the times discussed herein. Furthermore, the performance discussed herein reflects investment of limited funds for a limited period of time and does not reflect performance in different economic or market cycles. You should not assume that any fund that the Firm advises will experience returns, if any, comparable to those described herein.
The Firm believes that the comparison of each fund’s performance to one or more market indices is inappropriate. These indices are provided for comparative purposes, but only as examples of general market performance. Unlike these indices, each fund’s portfolio may contain options (including covered and uncovered puts and calls) and other derivative securities, fixed income investments, restricted securities, short sales of securities, margin trading and securities of smaller capitalization companies than those reflected in these indices, and is not as diversified as these indices. Due to the differences between each fund’s investment strategy and these indices, the Firm cautions potential investors that no such index is directly comparable to any fund’s investment strategy.
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THE FIRM DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE THAT THE LAW ALLOWS IT TO DISCLAIM. THE INFORMATION, SOFTWARE AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. DUE TO VARIOUS FACTORS, INCLUDING THE INHERENT POSSIBILITY OF HUMAN AND MECHANICAL ERROR, THE ACCURACY, COMPLETENESS, TIMELINESS AND CORRECT SEQUENCING OF SUCH INFORMATION, SOFTWARE AND SERVICES. THE FIRM DOES NOT GUARANTEE THE RESULTS OBTAINED FROM THEIR USE OR ANY PERSONS CREATING OR TRANSMITTING SUCH INFORMATION, SOFTWARE AND SERVICES. THE SITE MAY BE UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS OR OTHER REASONS.
THE FIRM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE FIRM AND/OR ITS RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS REGARDING THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR ANY OTHER DAMAGE OR LOSS THAT RESULTS FROM DOWNLOADING ANY CONTENT FROM THE SITE. THE FIRM AND/OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OF OR ACCESS TO THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE FIRM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF 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.
The Firm is not liable for any technological problems and any impact they may have. All or any portion of the Site may not be available and may not function properly at any time. The Firm makes reasonable efforts to avoid technological problems, but at any time, the Site may have and may cause technological problems such as viruses and other damaging computer programming routines or engines. The Firm takes reasonable security precautions when using the Internet, telephone, or other means to transport data or other communications, but the Firm disclaims liability for any interception of data or communications. The Firm makes reasonable efforts to ensure that the Site is secure, but the Firm does not guarantee the security of the Site. The Firm is not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site. The Firm is not liable for any defects, delays, or errors in or resulting from your use of the Site.
References to any publication or any other company in the Site are for reference and informational purposes only and are not intended to suggest that any of such companies endorse, sponsor, recommend or approve of the services, analysis or recommendations of the Firm or that the Firm endorses, recommends or approves the services or products of such companies. News stories reflect only the author’s opinion and not necessarily that of the Firm.
The Site may contain hyperlinks to websites operated by parties other than the Firm, which may not have been screened or reviewed by the Firm and which may contain inaccurate, inappropriate or offensive material, products or services. The Firm does not control such websites, and the Firm assumes no responsibility or liability regarding the accuracy, reliability, legality or decency of such third-party websites, content, products or services. Such hyperlinks are provided for your convenience only. The Firm’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any sponsorship, or affiliation or association with, their operators.
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Unless otherwise specified, the Firm controls and operates the Site from its offices within the State of California, United States of America.
YOU AGREE TO RESOLVE BY ARBITRATION ANY CONTROVERSY ARISING BETWEEN YOU AND THE FIRM AND/OR ANY OF OUR RESPECTIVE CONTROL PERSONS, PREDECESSORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, AND EMPLOYEES.
With respect to the resolution of any such controversy, you further acknowledge that:
No person shall bring a putative or certified class action to arbitration nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated a putative class action in court or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until:
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