(a) User and its Representatives acknowledge that (i) Sitehost derives the Confidential Information from numerous sources, including, but not limited to, Crystal's own research and diligence, Sitehost's underlying investment vehicles, managers of underlying investment vehicles, third party due diligence providers and other public or non-public sources, (ii) the Confidential Information is provided "as is" and "as available," and Sitehost makes no representation or warranty of any kind, express or implied, as to the accuracy, timeliness, or completeness of the Confidential Information, including, but not limited to, satisfactory quality, non-infringement, legality, accessibility, timeliness, suitability or merchantability, reliability, title or fitness for a particular purpose, (iii) the use of the Confidential Information is at User's sole risk, (iv) to the full extent permissible by law, Sitehost expressly disclaims any liability or responsibility to User, User's Representatives or any third party for damages resulting from the use of the Confidential Information, or any errors or omissions in, or decisions made in reliance on, any aspect of the Site, (v) User agrees to waive any and all liability claims as it relates to his or her use of Site information, for all purposes, and (vi) Sitehost may make modifications or changes in the Confidential Information at any time, for any reason, without notification or reference to the User.
(b) The Confidential Information is offered solely for informational purposes and does not constitute a solicitation, an offer, or an invitation to make an offer to buy or sell any investments. Neither Crystal nor the Funds nor any of its affiliates are a fiduciary or advisor with respect to any financial services or products unless otherwise required by law. The Confidential Information does not constitute any form of investment, legal, regulatory, tax, or compliance advice or any representation as to whether any security or investment is suitable to User or will be profitable. Any such advice should be obtained from an appropriately qualified third party. None of the confidential information disclosed through the Site has been recommended by any state, federal, or foreign commission or regulatory authority. No information on the Site shall be construed as a recommendation, endorsement, or sponsorship by Sitehost.
(c) User acknowledges that the actual performance, liquidity or other terms and conditions of User's actual investments or portfolios may differ substantially from the Confidential Information for various reasons, including but not limited to, the structure of the investments, specific conditions in actual performance, and characteristics specific to the actual investment. Performance displayed on the Site is intended to be representative rather than comprehensive. Pro forma results are based on simulated or hypothetical results that have certain inherent limitations. Unlike the results shown in actual performance records, pro forma results do not represent actual trading. Pro forma trades have not actually been executed; results may be under-or over-compensated for the impact of certain market factors, including but not limited to lack of liquidity and the benefit of hindsight. No representation is being made that any account will or is likely to achieve actual performance similar to pro forma results.
PRO FORMA COMPOSITE PERFORMANCE RECORDS ARE HYPOTHETICAL AND THE NAMED TRADING EXPOSURES HAVE NOT TRADED TOGETHER IN THE MANNER SHOWN IN THE COMPOSITE HYPOTHETICAL PERFORMANCE RESULTS.
Any statements in the Site reflecting the view of Sitehost with respect to future events are subject to certain risks, uncertainties and assumptions. Should one or more of these risks or uncertainties materialize, or should underlying assumptions prove incorrect, actual results may vary materially from those statements.
(d) Under no circumstances shall Sitehost or Sitehost’s Representatives be liable for any reason for any losses or damages (whether direct or indirect) related to Confidential Information, including, but not limited to, lost profits, business, income, contracts, anticipated savings, data, goodwill or wasted time, or any other losses of any kind arising from the use of the Confidential Information by the User. No direct or indirect partner, member or shareholder of Crystal shall be personally liable for the performance of the obligations of, or in respect of any claims against, Sitehost arising under this Agreement. No personal judgment shall be sought or obtained against any of the foregoing in connection with this Agreement.
(e) Past performance is not indicative of future results. Without limiting the generality of the foregoing, certain components of the Confidential Information are based on statistical models that solely provide a means to analyze relationships that may have existed in the past and should not be interpreted as a prediction of future performance.
(f) User acknowledges that Sitehost provides no assurances as to the availability of any investment, even if it is contained in the Confidential Information.
(g) While Sitehost is not required to perform due diligence on any investments, Sitehost may perform operational due diligence on particular fund investments. Sitehost may, from time to time, designate a fund as a "Candidate Fund." Notwithstanding the foregoing, despite an investment's designation as a Candidate Fund, Sitehost makes no representation or warranty about any Candidate Fund, or its suitability or appropriateness for any particular segregated portfolio. Sitehost may make modifications to the list of Candidate Funds at any time, for any reason.