By accessing or using this Blue Elite Funds ("Blue")
web site (the "Site"), you hereby accept and agree to
comply with the terms and conditions set forth in this
User Agreement. This User Agreement is a binding
agreement between you and Blue, and governs your access
and use of the Site, which includes any information,
data, tools, products, services and other content
(together, "Content") available on or through the Site.
You may contact Blue by e-mail email@example.com
with questions about the terms and conditions of this
BY CLICKING "I AGREE" AT THE
END OF THIS USER AGREEMENT, YOU ARE AGREEING THAT YOU
HAVE READ, UNDERSTAND AND ACCEPT THE TERMS AND
CONDITIONS CONTAINED HEREIN, WILL ABIDE BY THIS USER
AGREEMENT IN ITS THEN CURRENT FORM AND ARE LEGALLY BOUND
BY THIS USER AGREEMENT.
grants you a limited right to use the Site.
Your right to use the Site is subject to your agreement
to abide by this User Agreement in its entirety, as well
as any other rules, procedures, policies, terms or
conditions that govern all or any portion of the Site.
• At any time and for any reason we may revoke your
right to use all or any portion of the Site.
may not violate or attempt to violate the security of
2. The Site and its Content are
owned by Blue, its affiliates and/or third parties.
• The Site is protected by one or more
copyrights, patents, database rights, trademarks,
servicemarks and/or other intellectual property and
proprietary rights that are owned by Blue, its
affiliates and/or third parties.
• Blue, Blue
Elite Funds, Blue Elite Fund, L.P., Blue Elite Enhanced
Ltd. and Blue Elite Fund, Ltd. blueelitefunds.com and
other names and indicia of source of Blue and its
products and/or services are exclusive trademarks and
servicemarks or registered trademarks of Blue. Other
product and company names appearing on the Site may be
trademarks of their respective owners.
• You may not
decompose, decompile, reverse engineer, disassemble or
otherwise deconstruct all or any portion of the Site.
• You may not publish, broadcast, retransmit,
reproduce, repackage, frame, commercially exploit,
create any derivative of or otherwise redistribute all
or any portion of the Site except as explicitly
permitted in this User Agreement.
• You may print
copies of any accessible portion of the Site only for
your own personal use. You may discuss information that
you learn from the Site with your financial, legal or
tax advisors, and others with whom you share investment
• You may not remove any copyright,
trademark or other proprietary notice or legend
contained on (or printed from) the Site.
You make certain representations and warranties
regarding your use of the Site.
• You represent
and warrant that:
- you have full
authority and all rights necessary to enter into and
fully perform all of your obligations pursuant to this
- you have not and you will not enter into any agreement
or perform any act which might contravene the purposes
and/or effects of this User Agreement; and
- you will not
delete any Content on the Site.
Content is for informational purposes only.
Nothing on the Site is an offer or solicitation to buy
or sell any security.
• Although the Site may
include investment-related information, nothing on the
Site is a recommendation that you purchase, sell or hold
any security or other investment, or that you pursue any
investment style or strategy.
• We do not give any
advice or make any representations through the Site as
to whether any security or investment is suitable to you
or will be profitable.
• Nothing on the Site is
intended to be, and you should not consider anything on
the Site to be, investment, accounting, tax or legal
advice. If you would like investment, accounting, tax or
legal advice, you should consult with your own financial
advisors, accountants or attorneys regarding your
individual circumstances and needs.
• THE PAST
PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY OR
INVESTMENT STYLE IS NOT INDICATIVE OF FUTURE
5. There are various risks you
assume in relying on the Content.
Content speaks only as of the date indicated.
make reasonable efforts to provide accurate Content on
the Site, but at times we may not promptly update or
correct the Site even if we are aware that it is
inaccurate, outdated or otherwise inappropriate.
We may change all or any portion of the Site at any time
without notice to you.
• We do not endorse the
opinions of, or warrant the accuracy of facts or other
Content contributed by, any third party.
• You agree
that we are not liable for any action you take or
decision you make in reliance on any Content.
6. You must keep your password
• You are solely responsible for
maintaining the confidentiality and security of your
password. You may not disclose your password to any
• You accept full responsibility for
any use of your password.
• You must notify Blue
immediately of any actual or suspected loss, theft or
unauthorized use of your password.
• We are not
obligated to inquire as to the authority or propriety of
any use of or action taken under your password. We will
not be responsible for any loss to you that arises from
such use or action or from your failure to comply with
7. Blue is not liable for
any technological problems and any impact that they may
• All or any portion of the Site may not
be available and may not function properly at any time.
• We make reasonable efforts to avoid technological
problems, but at any time the Site may have and may
cause technological problems such as viruses and other
damaging computer programming routines or engines.
We take reasonable security precautions when using the
Internet, telephone or other means to transport data or
other communications, but we disclaim liability for any
interception of data or communications.
• We make
reasonable efforts to ensure that the Site is secure but
we do not guarantee the security of the Site.
are not liable for any damage or injury caused by the
performance or failure of performance of all or any
portion of the Site.
• We are not liable for any
defects, delays or errors in or resulting from your use
of the Site.
8. Blue is not responsible for
information on any third party web site.
you access any third party web site through the Site or
otherwise, you do so at your own risk.
to or from the Site do not constitute third party
endorsement, sponsorship or affiliation of, with or by
9. Blue has the right but not the
obligation to monitor and record activity on the Site
and respond as it deems appropriate.
• We may
monitor and record activity on the Site for any reason
or for no reason.
• We may investigate any complaint
or reported violation of our policies.
• We may
report any activity that we suspect may violate any law
or regulation to regulators, law enforcement officials
or other persons or entities that we deem appropriate.
• We may issue warnings, suspend or terminate use of
the Site, deny access to all or part of the Site or take
any other action that we deem appropriate.
10. Blue will abide by its privacy
• Personal nonpublic information that we
gather from you will be governed by our Privacy
11. BLUE DISCLAIMS ALL WARRANTIES
WITH RESPECT TO THE SITE AND THE CONTENT THAT THE LAW
ALLOWS IT TO DISCLAIM.
• THE SITE, INCLUDING ALL
CONTENT, IS PROVIDED "AS IS" AND "AS AVAILABLE."
WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS
OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE AND THE
CONTENT INCLUDING WARRANTIES OF
- FITNESS FOR A
PARTICULAR PURPOSE AND
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND
• WITHOUT LIMITING OUR GENERAL
DISCLAIMER, WE DO NOT WARRANT THE AVAILABILITY,
RELIABILITY, ACCURACY, COMPLETENESS OR TIMELINESS OF THE
SITE OR THE CONTENT.
12. BLUE'S LIABILITY
WITH RESPECT TO THE SITE AND THE CONTENT IS LIMITED TO
THE MAXIMUM EXTENT PERMITTED BY LAW.
• IN NO
EVENT WILL WE OR ANY OF OUR AFFILIATES, AGENTS OR
EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES HOWEVER
CAUSED ARISING OUT OF THIS USER AGREEMENT, THE SITE, THE
CONTENT, THE INABILITY TO USE THE SITE, OR TRANSACTIONS
ENTERED INTO THROUGH THE SITE.
• OUR LIABILITY IS
LIMITED EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF THE DAMAGES THAT YOU SUFFER OR IF ANY REMEDY YOU HAVE
FAILS OF ITS ESSENTIAL PURPOSE.
• UNDER ALL
CIRCUMSTANCES, THE MAXIMUM LIABILITY OF BLUE, ITS AGENTS
AND EMPLOYEES TO ANY USER OF THE SITE WITH RESPECT TO
THE SITE AND THE CONTENT IS $100.
• THIS DISCLAIMER
OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY,
INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY
ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
13. You will be responsible for any liability
to Blue that arises out of your breach of this User
Agreement or your use of the Site.
• You agree
to indemnify, defend and hold harmless Blue and its
affiliates, agents and employees from and against any
and all suits, losses, claims, demands, liabilities,
damages, costs and expenses (including reasonable
attorneys' fees) that arise from or relate to:
- your use of
your breach of this User Agreement or any
representation, warranty or covenant made by you in this
- your violation of any applicable law, statute,
ordinance, regulation or of any third party's rights, or
asserted by third parties which, if proven, would place
you in breach of representations, warranties, covenants
or other provisions contained in this User Agreement.
14. YOU AGREE TO RESOLVE BY ARBITRATION ANY
CONTROVERSY ARISING BETWEEN YOU AND BLUE AND/OR ANY OF
OUR RESPECTIVE CONTROL PERSONS, PREDECESSORS,
SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS AND
• With respect to the resolution
of any such controversy, you further acknowledge that:
is final and binding on the parties.
- The parties
are waiving their right to seek remedies in court,
including the right to jury trial.
Pre-arbitration discovery is generally more limited than
and different from court proceedings.
arbitrators' award is not required to include factual
findings or legal reasoning and any party's right to
appeal or to seek modification of rulings by the
arbitrators is strictly limited.
- The panel of
arbitrators will typically include a minority of
arbitrators who were or are affiliated with the
• Any arbitration under this
User Agreement shall be conducted before NASD
Regulation, Inc,, the New York Stock Exchange, Inc. or
any other national securities exchange on which a
transaction giving rise to the claim took place (and
only before such exchange). Arbitration is initiated by
a party serving the other party with a written demand
for arbitration or a written notice of intention to
arbitrate, which demand or notice shall include an
election of one of the foregoing forums for arbitration.
If you fail to make such election by registered mail
addressed to Blue Elite Funds , 70 East
55th, 22nd Floor, New York, NY 10022 (or any
other address of which you are advised in writing),
before the expiration of five days after you deliver to
Blue a written demand for arbitration or a written
notice of intention to arbitrate, Blue may make such
election on your behalf.
• No person shall bring a
putative or certified class action to arbitration nor
seek to enforce any pre-dispute arbitration agreement
against any person who has initiated in court a putative
class action or who is a member of a putative class who
has not opted out of the class with respect to any
claims encompassed by the putative class action until:
- the class
certification is denied; or
- the class is
decertified; or the customer is excluded from the class
by the court. Such forbearance to enforce an agreement
to arbitrate shall not constitute a waiver of any rights
under this User Agreement except to the extent stated
15. You will be bound by revised
versions of this User Agreement that Blue posts on the
• Modifications will be effective
immediately upon posting unless we indicate otherwise.
• Your use of the Site indicates your full
acceptance of this User Agreement in its then-current
form each time you use the Site.
16. You are
bound by certain other general conditions.
may assign this User Agreement in whole or in part at
any time without your consent. You may not assign this
User Agreement or delegate any of your obligations under
this User Agreement. Any purported assignment of this
User Agreement in violation of its terms is void.
If any provision of this User Agreement is found invalid
or unenforceable, that provision shall be enforced to
the maximum extent possible and the remaining provisions
of the User Agreement shall remain in full force and
• This User Agreement constitutes the entire
understanding, and supersedes all other understandings,
between you and Level concerning the subject matter
17. ELECTRONIC SIGNATURE.
PLEASE NOTE THAT THIS USER AGREEMENT CONTAINS A
PRE-DISPUTE ARBITRATION AGREEMENT, WHICH IS SET FORTH IN
SECTION 14 ABOVE.
• THE ABOVE DISCLOSURES SHOULD BE
CAREFULLY READ, UNDERSTOOD AND ACCEPTED BY YOU BEFORE
YOU SIGN THIS USER AGREEMENT.
• PLEASE CLICK "I
AGREE" BELOW TO SIGN THIS USER AGREEMENT AND THEREBY
LEGALLY BIND YOURSELF TO THE TERMS AND CONDITIONS
CONTAINED HEREIN. CLICKING "I AGREE" IS THE EQUIVALENT
OF YOU MANUALLY SIGNING THIS USER AGREEMENT.