USE SIGNIFIES ACCEPTANCE
I. REPRESENTATIONS, WARRANTIES.
A. This Website is being made available to you “in its actual condition” and “as available.” Stone House does not guarantee or promise that this Website is available to you, or will be accessible by you, nor does Stone House make any representation or warranty, express or implied, as to the accuracy or completeness of the Materials on this Website, and nothing herein (including information provided subsequently) shall be relied upon as a promise or representation that the Materials on this Website constitute all, or substantially all, of the information with respect to a given entity or matter. Your access to this Website is subject to revocation by Stone House at any time or without reason. In furnishing this Website, Stone House does not undertake to provide you with access to any additional information or to update this Website or to correct any inaccuracies therein that may become apparent. Further documents may be added to, and documents may be removed from, this Website at any time in Stone House’s sole discretion.
B. An investment in a Fund entails a high degree of risk and no assurance can be given that the applicable Fund’s investment objective will be achieved or that investors will receive a return of their capital. In considering any performance information contained in the Materials, prospective investors should bear in mind that past, targeted, or projected performance is not necessarily indicative of future results, and there can be no assurance that a Fund will achieve comparable results, that targeted or projected returns will be achieved, that the returns generated by a Fund will equal or exceed those of the investment activities of Stone House, or that a Fund will be able to implement its investment strategy or achieve its investment objectives and/or targeted returns. In particular, prior investments may have been made under different market, economic, and supply‐demand conditions than those in which a Fund will operate and may not be replicated. As a general matter, the performance of Stone House, its principals, and personnel are not necessarily indicative of any Fund’s performance.
C. Certain information contained in the Materials has been obtained from published and non-published sources prepared by third parties, which in certain cases has not been updated through the date hereof.
D. Statements contained in the Materials (including those relating to current and future market conditions and trends in respect thereof) that are not historical facts are based on current expectations, estimates, projections, forecasts, opinions, and/or beliefs. Such statements involve known and unknown risks, uncertainties, and other factors, and undue reliance should not be placed thereon. Certain information contained in the Materials constitutes “forward‐looking statements” or statements of opinion or intention which can be identified by the use of forward-looking terminology such as “may,” “can,” “will,” “would,” “should,” “seek,” “expect,” “anticipate,” “forecast,” “project,” “estimate,” “intend,” “continue,” “target,” “plan,” “believe” or the negatives thereof or other variations thereon or comparable terminology. Due to changes in circumstances or various risks and uncertainties, including, but not limited to, those discussed above, those set forth in risk factors and potential conflicts of interest sections of the Offering Documents, actual events or results, market conditions, or the actual performance of a Fund or its investments may differ materially from those reflected or contemplated in such forward‐looking statements. As a result, investors should not rely on such forward‐looking statements in making their investment decisions. No representation or warranty is made as to future performance or such forward‐looking statements.
E. The Materials presented on this Website contain confidential, proprietary, trade secret, and other commercially sensitive information, and the Materials shall be kept strictly confidential and not disclosed or disseminated to any entity or individual that is not a recipient of this communication and that has not accepted the terms of this confidentiality agreement without the prior written consent of Stone House, except as required by law or legal process. The Materials are being provided to you subject to the terms of this confidentiality agreement and other applicable provisions of the applicable agreements to which you are, or will become, a party or any offering or other materials to which you may have access through this Website.
II. LIMITATION OF LIABILITY.
A. Disclaimer and Limitation of Liability. You agree that your use of this Website is at your sole risk and acknowledge that this Website and anything contained within this Website, including, but not limited to the Materials, are provided “AS IS” and “AS AVAILABLE,” and that STONE HOUSE MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE MATERIALS, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF “MERCHANTABILITY” AND “FITNESS FOR A PARTICULAR PURPOSE OR USE,” nor does Stone House make any warranty of any kind, expressed or implied as to non-infringement and title. Stone House does not warrant that this Website is compatible with your equipment or that this Website is free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and Stone House is not liable for any damage you may suffer as a result of such destructive features. You agree that Stone House, its suppliers, and its third-party agents shall have no responsibility or liability for and you waive and release Stone House, its shareholders, directors, officers, employees, members, managers, agents, subcontractors, suppliers, and third-party agents (the “Related Parties”), from any claim you have, may have, or could have for: (i) any injury or damages, whether caused by the negligence of Stone House or otherwise, arising in connection with this Website, and Stone House shall not be liable for any lost profits, losses, punitive, incidental, or consequential damages or any claim against Stone House and/or the Related Parties by any other party; or (ii) any fault, inaccuracy, omission, delay, or any other failure in this Website caused by your computer equipment or arising from your use of this Website on such equipment. The content of other websites, services, goods, or advertisements that may be linked to this Website is not maintained or controlled by Stone House. Stone House is therefore not responsible for the availability, content, or accuracy of other websites, services, or goods that may be linked to on this Website. Stone House does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, this Website; (b) guarantee the accuracy, completeness, usefulness, or adequacy of any other websites, services, goods, or advertisements that may be linked to this Website; or (c) make any endorsement, express or implied, of any other websites, services, goods, or advertisements that may be linked to this Website. Stone House is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment you use to access this Website. You understand that Stone House and/or third-party contributors to this Website may choose at any time to inhibit or prohibit their content from being accessed under these T&Cs. Stone House does not guarantee the sequence, accuracy, completeness, or timeliness of this Website. Notwithstanding anything to the contrary herein, Stone House and its Related Parties shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (i) inaccuracies or errors in or omissions from this Website; (ii) delays, errors, or interruptions in the transmission or delivery of this Website; or (iii) loss or damage arising therefrom, or occasioned thereby, or by any reason of nonperformance. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL STONE HOUSE AND/OR THE RELATED PARTIES BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES (HEREIN COLLECTIVELY REFERRED TO AS THE “TOTAL DAMAGES” AND EACH, A “TYPE OF DAMAGE”) EVEN IF STONE HOUSE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH TYPE OF DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THIS WEBSITE OR ANY LINKS OR ITEMS ON THIS WEBSITE OR ANY PROVISION OF THESE T&CS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. Applicable law may not allow the limitation or exclusion of liability for a Type of Damage, in which event Stone House’s and the Related Parties’ liability for such Type of Damage shall be limited to the least amount permitted by applicable law. In no event shall Stone House’s and/or the Related Parties total liability to you for any Type of Damage, or Total Damages, losses, and/or causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you during the six-month period prior to the occurrence of such claim for accessing this site.