1. Limited License to Use the Site
ZCM grants you a limited, nonexclusive license to display and otherwise use portions of the Site solely for your own private, non-commercial informational purposes only, and to print pages from the Site only in connection with that use. You may not modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Site.
2. No Offer of Securities
Under no circumstances should any material at the Site be used or considered as an offer to sell or a solicitation of an offer to buy any interest in any investment fund sponsored or managed by ZCM. Any such offer or solicitation can and will be made only by means of the Confidential Information Memorandum of each such investment fund, only in jurisdictions in which such an offer would be lawful and only to individuals who meet the investor suitability and sophistication requirements of each such investment fund, including qualifying as accredited investors within the meaning of the Securities Act of 1933, as amended. Access to information about the investment funds is similarly limited to individuals who meet the applicable investor suitability and sophistication requirements.
3. Password-Protected Areas
Portions of the Site are password-protected and are accessible only to users who have been issued passwords by an authorized representative of ZCM. Passwords are issued only to current investors in an investment fund sponsored or managed by ZCM, or to prospective investors who are eligible to receive a Confidential Information Memorandum for one or more of those investment funds. Password-protected portions of the Site may contain performance information for the investment funds sponsored or managed by ZCM. Users of the Site acknowledge that past performance is not necessarily indicative of future results.
ZCM has no responsibility if: (i) you lose or misplace your password, or (ii) an unauthorized person accesses your account information using your user ID and password unless such information was obtained by the unauthorized person due to the gross negligence of ZCM. In the event that you become aware of any actual or potential security breach, you agree to notify ZCM immediately by calling ZCM. You agree that these authentication and security procedures are acceptable and appropriate unless such information was obtained by the unauthorized person due to the gross negligence of ZCM.
5. No Reliance
While ZCM uses reasonable efforts to update the information contained in the Site, ZCM makes no representations or warranties as to the accuracy, reliability or completeness of any information at the Site. Any content of the Site is subject to change without notice.
6. Materials to be Consulted in its Entirety
All materials at the 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 or disclosures 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.
7. Links to Third Party Web Sites
ZCM has not reviewed any of the web sites that may be linked to the Site, and is not responsible for their content. ZCM is not responsible for the privacy practices of such other web sites. Your linking to or use of any off-site pages or other web sites is at your own risk. ZCM’s inclusion of links to other web sites does not imply any endorsement of the material located on or linked to by such web sites.
8. No Warranty
ZCM, AND ITS AFFILIATED ENTITIES, PARTNERS, OFFICERS, DIRECTORS, PRINCIPALS, AGENTS AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THE SITE. ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND. ZCM HEREBY FURTHER DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY.
9. Limitation of Liability
IN NO EVENT SHALL ZCM OR ITS AFFILIATED ENTITIES, PARTNERS, OFFICERS, DIRECTORS, PRINCIPALS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE SITE OR WITH ANY DELAY IN USING THE SITE, OR (II) ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE SITE, OR (III) OTHERWISE ARISING OUT OF THE USE OF THE SITE; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF ZCM OR ANY OF ITS OFFICERS, DIRECTORS, PRINCIPALS, AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Any notice to ZCM shall be given in writing and sent by registered mail to Ziegler Capital Management, 70 West Madison Street, Suite 2400, Chicago, Illinois 60602, Attention: Margaret M. Baer.
About the Advisor
The Ziegler Advisor is a quarterly economic newsletter of Ziegler Capital Management, LLC. The Advisor often expresses opinions about the direction of market, investment sector and other trends. The opinions should not be considered predictions of future results. The information contained in this report is based on sources believed to be reliable, but is not guaranteed and not necessarily complete. Past performance does not guarantee future returns. For more information on the investment advisory services of Ziegler Capital Management, LLC, please call 312-368-1442.
70 West Madison Street | Suite 2400
Chicago, Illinois 60602