Terms of Use

The Issuers

Aperture Investors, LLC, is an investment adviser registered with the U.S. Securities and Exchange Commission (“SEC”) (hereinafter “the Issuers”). Aperture Investors, LLC wholly owns Aperture Investors UK, Ltd (FRN: 846073) who is authorised and regulated by the Financial Conduct Authority (“Aperture”).

Aperture Investors UK, Ltd (FRN: 846073) is authorised and regulated by the Financial Conduct Authority.

THIS TERMS OF USE AGREEMENT (“TERMS”) IS A BINDING AGREEMENT BETWEEN YOU AND THE ISSUERS. BY USING OR ACCESSING THIS SITE AT WWW.APERTUREINVESTORS.COM (“SITE”), YOU AGREE TO BE BOUND BY THESE TERMS. YOUR USE OF THIS SITE IS GOVERNED BY THE VERSION OF THE TERMS IN EFFECT ON THE DATE THE SITE IS ACCESSED BY YOU. THE ISSUERS RESERVES THE RIGHT TO AMEND, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME FOR ANY REASON. SUCH CHANGES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. YOU ACKNOWLEDGE THAT BY ACCESSING THIS SITE AFTER WE HAVE POSTED CHANGES TO THESE TERMS, YOU ARE AGREEING TO THESE TERMS, AS MODIFIED. THESE TERMS ARE IN ADDITION TO ANY OTHER AGREEMENTS BETWEEN YOU AND THE ISSUERS , INCLUDING ANY CUSTOMER OR ACCOUNT AGREEMENTS, AND ANY OTHER AGREEMENTS THAT GOVERN YOUR USE OF INFORMATION, CONTENT, TOOLS, PRODUCTS AND SERVICES AVAILABLE ON THIS SITE.

Disclaimer and Limitation of Liability

This website is for information purposes only and does not provide any professional investment, legal, accounting nor tax advice. All information and opinions contained in this website represent the judgment of Aperture at the time of publication and are subject to change without notice. For more information about costs, risks and conditions in relation to an investment or a service, please always read the relevant legal documents. This website may not be reproduced (in whole or in part), transmitted, modified, or used for any public or commercial purpose without the prior written permission of Aperture. Aperture may only provide investment advisory services in those jurisdictions in which it is appropriately registered or otherwise exempt or excluded from registration and licencing requirements and any information contained on the website is not directed at any person in any jurisdiction where it is prohibited to access the website or direct such information for any reason. All persons who access this website should inform themselves of and comply with all applicable sales restrictions in their home country. By using this Website, you will indicate your acceptance of the following terms and conditions and acknowledge the regulatory disclosures referred to above. Aperture reserves the right to revise the Website and these terms and conditions from time to time without notice to you. Your continued use of the Website will indicate acceptance of the terms and conditions as amended from time to time.

All content on this Site, including opinions expressed, is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons without prior notice. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

In consideration of your access to and use of the information on this Site, you agree to indemnify and hold the Issuers, their officers, directors, employees, affiliates, agents, licensors and suppliers harmless against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of this Site, from your violation of these Terms or from any decisions that you make based on such information.

Information for Investors

This Site is not intended for any potential investor outside the jurisdictions in which the Issuers, their affiliates and subsidiaries have been authorized.

Limited Grant of License

The Issuers grant you a limited, revocable, nonexclusive and nontransferable right to view, store, bookmark, download, copy and print pages from this Site for your personal and noncommercial use conditioned upon your continued compliance with these Terms. To the extent you download or copy any content from this Site, you agree you will not remove or obscure any copyright or other notices or legends contained in any such content. This is a grant of a license to use, not a transfer of title of, any content found on this Site. The Issuers reserve the right to change or modify this grant of license at any time.

If you link other websites to this Site, you may not imply or suggest that the Issuers have endorsed or is affiliated with such websites and you may not display this Site as “framed” within another website.

Restrictions on Use

Except as otherwise stated in these Terms, or pursuant to express written authorization by the Issuers, you may not:

Modify, reproduce, distribute, post, publish, broadcast, license, sell, or export any information or content, in whole or in part, found on this Site;
Engage in any conduct that would interfere with another party’s use of the Site;
Use this Site in any manner that could damage or overburden any the Issuers’ equipment or software, use any means of systematic retrieval of data or other content from this Site, obtain, or attempt to obtain, access to any material or information on this Site that is protected by passwords, PIN or required login identification through any means not expressly authorized by the Issuers, or use the login information of another person, unless they specifically authorized you to do so; or
Use this Site or the contents of this Site in any manner that would create an impression of affiliation, sponsorship, or endorsement by the Issuers.

Privacy Statement

Please review the Issuers’ Privacy Statement to learn about our information collection practices and the measures we take to preserve the privacy and security of your information.

Third Party Content

Information and other materials appearing on this Site that are provided by third parties are, unless otherwise stated, believed by the Issuers to be obtained from reliable sources, but the Issuers cannot guarantee and is not responsible for their accuracy, timeliness, completeness, or suitability for use. The Issuers are not responsible for and does not prepare, edit, or endorse the content, advertising, products, or other materials on or available from any site owned or operated by a third party that is linked to this Site via hyperlink. By providing access to other sites, neither the Issuers nor any of their affiliates is recommending the purchase or sale of the stock issued by any company, nor are they endorsing services provided by any site’s sponsoring organization. You will use any such third party content at your own risk.

You agree that the Issuers are not liable for any loss or damage that you may suffer by using third party Sites or any content, advertising, products, or other materials in connection therewith.

Warranty Disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, THE ISSUERS AND ANY OF THEIR AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY INFORMATION PROVIDERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY, WITH RESPECT TO (I) THE SITE; (II) ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITE; (III) USE OF THE SITE, MATERIALS, PRODUCTS, OR SERVICES; AND (IV) THE RESULTS OF THE USE OF THE SITE, MATERIALS, PRODUCTS, OR SERVICES.

FURTHER, THE ISSUERS AND ANY OF THEIR AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY INFORMATION PROVIDERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE THROUGH THIS SITE.

EXCEPT AS PROVIDED BY LAW, NEITHER THE ISSUERS NOR THEIR THIRD PARTY INFORMATION PROVIDERS AND VENDORS HAS ANY RESPONSIBILITY TO MAINTAIN THE MATERIALS, PRODUCTS, OR SERVICES OFFERED ON THE SITE OR TO SUPPLY CORRECTIONS, UPDATES, OR RELEASES FOR THE SAME.

TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

Governing Law

Use of this Site shall be governed by and construed in accordance with the laws of Luxembourg without giving effect to any principles of conflicts of laws, unless otherwise specified in the applicable Product Agreement. The Uniform Computer Information Transactions Act or any substantially similar law, if enacted, will not govern any aspect of these Terms of Use, your access to this Site.

Jurisdiction and Venue

If any claim or dispute under these Terms and Conditions is not subject to Arbitration then exclusive jurisdiction and venue shall be with a court of competent jurisdiction in the Southern District of New York. You consent to the jurisdiction of such courts and agree to accept service of process issued by such courts.

Severability

Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by an authorized representative of the Issuers. Any delay or omission by the Issuers to exercise any rights under these Terms of Use shall not be construed to waive any rights.

Waivers

Conflicts

In the event of a conflict between these Terms of Use and any separate agreement with the Issuers, the separate agreement shall control.

Termination

You acknowledge and agree that the Issuers may restrict, suspend or terminate these Terms of Use or your access to, and use, of the all or any part of the Site, including any links to third-party sites, at any time, with or without cause, including but not limited to any breach of the Terms of Use, in the Issuers’ absolute discretion and without prior notice or liability. The relevant version of the Terms of Use shall continue to apply to all prior use of the Site. The following paragraphs of this Terms of Use shall survive termination of your use or access to the Site: paragraphs concerning Disclaimer and Limitation of Liability, Warranty Disclaimers, Termination, Governing Law, and any other provision that by its terms survives termination of your use of or access to the Site.

Country

BLOOMBERG® is a trademark and service mark of Bloomberg Finance L.P. and its affiliates (collectively “Bloomberg”). BARCLAYS® is a trademark and service mark of Barclays Bank Plc (collectively with its affiliates, “Barclays”), used under license. Bloomberg or Bloomberg’s licensors, including Barclays, own all proprietary rights in the Bloomberg Barclays Indices. Neither Bloomberg nor Barclays approves or endorses this material, or guarantees the accuracy or completeness of any information herein, or makes any warranty, express or implied, as to the results to be obtained therefrom and, to the maximum extent allowed by law, neither shall have any liability or responsibility for injury or damages arising in connection therewith.

The MSCI information may only be used for your internal use, may not be reproduced or redisseminated in any form and may not be used as a basis for or a component of any financial instruments or products or indices. None of the MSCI information is intended to constitute investment advice or a recommendation to make (or refrain from making) any kind of investment decision and may not be relied on as such. Historical data and analysis should not be taken as an indication or guarantee of any future performance analysis, forecast or prediction. The MSCI information is provided on an “as is” basis and the user of this information assumes the entire risk of any use made of this information. MSCI, each of its affiliates and each other person involved in or related to compiling, computing or creating any MSCI information (collectively, the “MSCI Parties”) expressly disclaims all warranties (including, without limitation, any warranties of originality, accuracy, completeness, timeliness, non-infringement, merchantability and fitness for a particular purpose) with respect to this information. Without limiting any of the foregoing, in no event shall any MSCI Party have any liability for any direct, indirect, special, incidental, punitive, consequential (including, without limitation, lost profits) or any other damages. Source: MSCI