Lyxor - Absolute Return Multi Assets

By accessing this web site and any materials presented herein (the "Site"), you accept in their entirety the following terms and conditions pertaining to the use of the Site. Lyxor Asset Management Inc. and its affiliates (collectively, "Lyxor") reserve the right to change the terms, conditions and notices under which this Site is offered without notice at any time. Each use of the Site constitutes your agreement to be bound by the then-current terms and conditions set forth in these Terms of Use.

PLEASE READ THE ENTIRETY OF THESE TERMS OF USE CAREFULLY BEFORE ENTERING THE SITE. EACH TIME YOU ENTER THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF, AND AGREEMENT TO ABIDE BY, THESE TERMS OF USE IN THEIR THEN CURRENT FORM. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE EXIT THE SITE.

  

Limited License to Use the Site

Except as specifically permitted below, nothing contained in these Terms of Use or the Site itself either grants or will be construed to grant to you, or any third party, any title or interest in, or any license or right to use or reproduce, any image, text, software, code, trademark, logo or service mark contained in the Site, including without limitation the name or logo of Lyxor. Lyxor reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to copyright and trademark ownership of all material contained in the Site.

Lyxor grants you a limited, nonexclusive license to display and otherwise use portions of the Site solely for your own private, non-commercial, informational purposes, and to print pages from the Site only in connection with such purposes. 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. In addition, you are prohibited from decomposing, decompiling, reverse engineering, disassembling or otherwise deconstructing all or any portion of the Site.

Any data that you transmit to the Site (including without limitation personally identifiable information) becomes the property of Lyxor and may be used by Lyxor for any lawful purpose without restriction, subject to the Privacy Policy set forth below.

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 into the portion of any material or document that you consult or download.

Lyxor is not utilizing this Site to provide investment or other advice, and no information or material on the Site is to be deemed a recommendation to buy or sell any securities or is to be relied upon for the purpose of making or communicating investment or other decisions.

Your continuing right to use the Site is subject to your agreement to abide by and be subject to these Terms of Use in their entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site. Lyxor may revoke your right to use all or any portion of the Site at any time and for any reason.

  

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 Lyxor. Any such offer or solicitation can and will be made only by means of the confidential offering 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 and "qualified purchasers" within the meaning of the Investment Company Act of 1940, as amended. Access to information about the investment funds is similarly limited to individuals who meet the applicable investor suitability and sophistication requirements.

  

Privacy Policy

Maintaining the trust and confidence of investors is of paramount importance for Lyxor. Lyxor is committed to safeguarding investors' personal information and providing investors with facts and options about how this information may be shared. Please read Lyxor's Privacy Policy to learn more about Lyxor's privacy policies and the options available.

  

Information that Lyxor Collects

As part of providing its services, Lyxor obtains non-public personal information about investors which may include the following:

  • Information that Lyxor receives from investors, on questionnaires and other forms, or in the course of establishing an investor relationship. Such information may include the investor's name, address, social security number, passport number (if applicable), assets and income;
  • Information Lyxor receives from consumer reporting agencies (such as credit trustworthiness and credit history);
  • Information Lyxor receives from investors' transactions with investors' financial organization(s); and
  • Information about investors' transactions with Lyxor or others.

  

Information that Lyxor Shares

Lyxor, along with its affiliates, uses or shares information in a limited and carefully controlled manner. Lyxor does not disclose any non-public information about investors or any former investors to anyone, except as permitted by law, unless authorized by an investor or by a former investor (with respect to such investor or former investor only). Instances in which Lyxor may be required to share an investor's information include:

  • Disclosure to companies that provide services necessary to service an investor's account, such as prime brokers, accountants, banks, attorneys or administrators; and
  • Disclosure to government agencies, courts, parties to lawsuits or regulators in response to subpoenas. In such cases, Lyxor shares only the information that Lyxor believes it is required or authorized to share.

  

Confidentiality and Security

The security of investors' account information is important to Lyxor. Lyxor restricts access to nonpublic personal information about investors to those employees, agents or other parties who need to know that information to provide services to investors. Lyxor maintains physical, electronic and procedural safeguards to guard investors' nonpublic personal information. Lyxor's privacy policy covers all individuals who are investors in products offered by Lyxor, who have been investors in such products or who are considering an investment in such products. In order to provide services to investors, Lyxor may send investors' information internationally. However, Lyxor will ensure that investors' information is treated in accordance with this Privacy Policy.

By disclosing your personal information to Lyxor, you consent to the collection storage and processing of your personal information by Lyxor in the manner set out in this privacy policy.

Lyxor will provide investors with a copy of its Privacy Policy annually, and if Lyxor changes its Privacy Policy Lyxor will notify investors promptly of such changes. If you have any questions about Lyxor's Privacy Policy, please contact Lyxor's compliance department in writing.

  

Third Party Links

Lyxor is not responsible for information on any third party website that is referred in, or accessible or connected by hyperlink to, the Site. If you access any third-party website through the Site or otherwise, you do so at your own risk. Hyperlinks to or from the Site do not constitute an endorsement of, sponsorship by or affiliation with us.

  

Passwords

Certain portions of this Site are password-protected, and the content of such areas are subject to the confidentiality provisions of the respective Lyxor investor documents. By entering those portions of the Site, you are agreeing to be bound by the confidentiality provisions of the respective investor documents. If you are provided a password by Lyxor, you must keep your password confidential. You may not disclose your password to any third party without obtaining the express written approval of Lyxor. You accept full responsibility for any use of your password. You agree to notify Lyxor immediately of any actual or suspected loss, theft or unauthorized use of your password. Without limiting the generality of any other disclaimers in these Terms of Use, Lyxor is not responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions regarding maintaining the security and confidentiality of your password.

  

No Warranty

Lyxor disclaims all warranties with respect to the site that the law allows it to disclaim.the site is provided "as is" and " as available".Lyxor disclaims all representations and warranties, express or implied, of any kind with respect to the site including warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property and proprietary rights.

Without limiting our general disclaimer, Lyxor does not warrant the availability, accuracy, completeness, timeliness, functionality, reliabilityn sequencing or speed of delivery of the site or any part of its content.

  

Limitation of Liability

Lyxor's liability with respect to the site is limited to the maximum estent permitted by law. In no event sgall Lyxor, or its affiliates, or their respective officers, directors, principals, agent and employees be liable for any claims, liabilities, losses, costs or damages, including direct, indirect, punitive, incidental, special or consequential damages, arising out of or in any way connected with(1) the use of or inability to use the site or with any delay in using the site,(2) any information and materials obtained through the site or (3) otherwise arising out of the use of the site - in each case whether based on theories arising in contract, tort, strict liability or otherwise. Such limitations apply even if Lyxor or any of its affiliates or any of their respective officers, directors, principals, agent, or employees have been advised if the possibility of damages.

  

General

These Terms of Use are governed by the internal laws of the State of New York, without reference to their conflicts of laws provisions. You consent to the jurisdiction of, and venue shall lie in, any federal or state court located in New York, New York, U.S.A., as the exclusive jurisdiction and venue for the adjudication of all disputes arising out of or relating to the use of the Site.

Any notice to Lyxor shall be given in writing and sent by registered mail to Lyxor Asset Management Inc., 1251 Avenue of Americas, 46th Floor, New York, New York 10020, U.S.A., Attention: Chief Legal Counsel.

If any provision of these Terms of Use is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction.