Privacy Policy

TERMS OF USE

Please read the following terms and conditions (“Terms of Use”) before using the Varana Capital LLC website (“Site”). Your access to and use of the Site is subject to these Terms of Use and all applicable laws and regulations. The Terms of Use constitute a legal agreement between you and the Varana Capital LLC. The Site is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. By accessing and using the Site, you accept, without qualification, these Terms of Use.
All persons using the Site expressly agree to the foregoing disclaimer as a pre-condition to using this Site for any purpose whatsoever. The materials on the Site including, without limitation, news articles, informational materials and all other manager-specific information, have been prepared for informational purposes only and do not constitute financial, legal, tax or any other advice. All information contained herein is provided “as is” and Varana Capital expressly disclaims making any express or implied warranties with respect to the fitness of the information contained herein for any particular usage, its merchantability or its application or purpose. Certain economic, market and other information contained on the Site has been obtained from third parties and/or other published sources. Whilst such sources are believed to be reliable, such information has not been independently verified and Varana Capital assumes no responsibility for the accuracy or completeness of such information. Prior to making any investment or hiring any investment manager you should consult with a professional financial advisor, legal and tax advisor to assist in due diligence as may be appropriate and determining the appropriateness of the risk associated with a particular investment. In no event shall Varana Capital be responsible or liable for the correctness of any such material or for any damage or lost opportunities resulting from use of this data. By accessing the password-protected area of this Site, unless otherwise approved by Varana Capital, you agree not to invest in any posted hedge fund or alternative investment vehicle (other than hedge funds or alternative investment vehicles in which you or your affiliates are already invested, have already been solicited for or are already actively considering an investment in) for thirty (30) days after the approval of your access to the Site. Varana Capital reserves the right to terminate, at any time, any user’s account with Varana Capital (as well as access to the Site), without giving notice or a reason for such termination to the user. Additionally, by accessing the password-protected area of this Site, you agree to immediately contact Varana Capital if there is any change in your status as an “accredited investor” under Regulation D promulgated under the Securities Act of 1933, a “qualified client” under Rule 205-3 of the Investment Advisers Act of 1940, or a “qualified purchaser” under Section 2(a)(51) of the Investment Company Act.
Nothing in the Site may be considered as an offer or solicitation to purchase or sell securities or other services. If any provision in this Terms of Use is held to be invalid or unenforceable, then the remaining provisions shall continue in full force and effect. Users of the Site may view, download and print information and materials on this Site for such users personal and internal business use provided that all hard copies contain all copyright and other applicable notices. All information on the Site is subject to confidential treatment and is made available solely for the users authorized use in connection with your investment activities. No user may reproduce, modify, copy, alter in any way, distribute, sell, resell, transmit, transfer, license, assign or publish any information obtained from this Site. Users shall not use the Site at any time for any purpose that is unlawful or prohibited and shall comply with any applicable local, state, national or international laws or regulations when using the Site. Varana Capital, and the logos and marks included on the Varana Capital site that identify Varana Capital services and products are proprietary materials. The use of such terms and logos and marks without the express written consent of Varana Capital is strictly prohibited. Copyright in the pages and in the screens of the Site, and in the information and material therein, is proprietary material owned by Varana Capital unless otherwise indicated. The unauthorized use of any material on the Varana Capital Site may violate numerous statutes, regulations and laws, including, but not limited to, copyright, trademark, trade secret or patent laws.

If you are an investor domiciled or having a registered office in a member state of the European Economic Area that has implemented the Alternative Investment Fund Managers Directive (Directive 2011/61/EU) in a manner that imposes disclosure, reporting or other obligations on Varana Capital or its affiliates, you or any other person or entity you represent initiated the discussion, correspondence or other communications with Varana Capital or its affiliates or agents, which resulted in your requesting access to the Site and the information regarding any investment funds sponsored or managed by Varana Capital; and none of Varana Capital or its affiliates or agents at any time directly or indirectly contacted you with respect to the provision of investment services or investment in any investment fund sponsored or managed by Varana Capital or its affiliates prior to such unsolicited initiation of discussions, correspondence or other communications.

Users hereby consent to the electronic receipt by email or through this Site for communications, including financial reports, periodic statements, Schedule K-1 statements, other statements and regulatory notices, if any, that may be required to be provided to such user by virtue of establishing a relationship with Varana Capital or one of its affiliates.

The Site may contain forward-looking statements on current expectations and projections about future events. Statements that are predicative in nature, that depend upon or refer to future events or conditions or that include words such as “expects,” “anticipates,” “intends,” “plans,” “believes,” “estimates,” “thinks,” and similar expressions are forward-looking statements. These statements involve known and unknown risks, uncertainties and other factors that may cause actual results and performance to be materially different from any future results or performance expressed or implied by these forward-looking statements. These factors include, among other things, those matters discussed as “Risk Factors,” in the Varana Capital materials, as well as (1) general economic and business conditions; (2) new governmental regulations and changes in, or the failure to comply with existing governmental regulation, (3) legislative proposals that impact the way we do business, (4) competition, and (5) the ability to attract and retain qualified personnel.

Although Varana Capital believes that these statements are based upon reasonable assumptions, it can give no assurance that its goals will be achieved. Given these uncertainties, users are cautioned not to place undue reliance on these forward-looking statements. Varana Capital assume no obligation to update or revise any forward-looking statements contained on the Site or provide reasons why actual results may differ.

NO SECURITIES OFFERING OR INVESTMENT ADVICE

The information on the Website is intended to enable investors to understand the nature of the Firm’s services. It is not intended as and does not constitute investment advice or legal or tax advice or an offer to sell any securities to any person or a solicitation of any person of any offer to purchase any securities. The information in the Website should not be construed as the Firm’s endorsement, recommendation or sponsorship of any company or security. There are inherent risks in relying on, using or retrieving any information found on the Website, and the Firm urges you to make sure that you understand these risks before relying on, using or retrieving any information on the Website. You should evaluate the information made available through the Website, and you should seek the advice of professionals, as appropriate, to evaluate any opinion, advice, product, service or other information. By accessing the password-protected area of the Website, you represent that you qualify as an “accredited investor” under Regulation D promulgated under the Securities Act of 1933 and agree to immediately contact the Firm if there is any change in your status as an “accredited investor”.

You acknowledge that any of your requests for information are unsolicited and any information shall neither constitute nor be construed as investment advice from the Firm to you or to form an investment advisory relationship, or any other client relationship between you and the Firm or any of its affiliates or employees. The Firm strongly recommends that you seek outside advice from a qualified securities professional. The Firm does not guarantee the suitability or potential value of any particular investment or information source. The Firm may invest or otherwise hold an interest in companies or securities that may be discussed on the Website.

If you are an investor domiciled or having a registered office in a member state of the European Economic Area that has implemented the Alternative Investment Fund Managers Directive (Directive 2011/61/EU) in a manner that imposes disclosure, reporting or other obligations on the Firm or its affiliates, you or any other person or entity you represent initiated the discussion, correspondence or other communications with the Firm or its affiliates or agents, which resulted in your requesting access to the Website and the information regarding any funds sponsored or managed by the Firm; and none of the Firm or its affiliates or agents at any time directly or indirectly contacted you with respect to the provision of investment services or investment in any investment fund sponsored or managed by the Firm or its affiliates prior to such unsolicited initiation of discussions, correspondence or other communication.

CONSENT TO ELECTRONIC DELIVERY

Users hereby consent to the electronic receipt by email or through this Website for communications, including financial reports, statements and regulatory notices, if any, that may be required to be provided to such user by virtue of establishing a relationship with the Firm or one or more of its affiliates.

CONFIDENTIALITY

“AS IS,” WITHOUT ANY WARRANTY OF ANY KIND. THE FIRM 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. THE FIRM DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT UNAUTHORIZED ACCESS TO OR MISAPPORPRIATION OF THE CONTENT WILL NOT OCCUR; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR RISK.

THE MATERIALS ON THE SITE INCLUDING, WITHOUT LIMITATION, INFORMATIONAL MATERIALS AND ANY OTHER FUND OR FIRM SPECIFIC INFORMATION, HAVE BEEN PREPARED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE FINANCIAL, LEGAL, REGULATORY, TAX OR ANY OTHER ADVICE. PRIOR TO MAKING ANY INVESTMENT, YOU SHOULD CONSULT WITH A PROFESSIONAL FINANCIAL ADVISOR AS WELL AS A LEGAL AND TAX ADVISOR TO ASSIST IN DUE DILIGENCE AS MAY BE APPROPRIATE IN DETERMINING THE SUITABILITY OF THE RISK ASSOCIATED WITH A PARTICULAR INVESTMENT. IN NO EVENT SHALL THE FIRM, OR ITS RESPECTIVE OFFICERS, PRINCIPALS, AGENTS 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 (I) THE USE OF OR INABILITY TO USE THE WEBSITE OR WITH ANY DELAY IN USING THE WEBSITE, OR (II) ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE WEBSITE, OR (III) OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.

OWNERSHIP OF CONTENT

The Website and all of its content, including but not limited to all text, graphics, charts, audio, logos, images, data compilations, icons, code and software (“Content”), are the property of the Firm and are protected by U.S. and international copyright laws, with all rights reserved unless otherwise noted. All trademarks, service marks, trade names and other product and service names and logos displayed on the Website are proprietary to the Firm, including all registered and unregistered trademarks and service marks of the Firm. If the Website includes any trademarks, service marks, trade names or logos of any third parties, such items are the proprietary marks and names of their respective owners, and are protected by applicable trademark and intellectual property laws. Your use of any Content, whether owned by the Firm or any third party, without the Firm’s express written permission, is strictly prohibited except as otherwise expressly permitted in these Terms of Use. Without limiting the foregoing, you are prohibited from using any of the Firm’s copyrighted material or trademarks for any purpose, including, but not limited to, use as metatags, links or otherwise on any website, without the prior written permission of the Firm.

ONLINE PRIVACY POLICY

The Firm’s policy is to respect the privacy of all information it receives from a user accessing the Website and to protect the security and confidentiality of the nonpublic information we obtain during this process. Such information will be treated in accordance with the Firm’s Online Privacy Policy as set forth below:

The Firm is committed to protecting the privacy of users of the Website. We will use reasonable efforts to see that all information, identifying and otherwise, submitted to us by users, remains private and is used only for the purposes set forth herein. Furthermore, we believe that our online users have a right to know what information we collect when you visit our Website. This Online Privacy Policy outlines the types of information we gather about you, how we gather your information, how we use it, with whom we might share it, the means by which we keep it secure and the choices you have about the information you share with us.

What Information Do We Collect and How Do We Collect It?

In general, when you visit our Website, we do not collect personally identifiable information about you. When you request access to certain sections of our Website, you may be asked to supply information such as your name, e-mail address and phone number

How Do We Use the Information?

We may use your name, email address and phone number to send you information about funds and to determine your eligibility to access our password-protected pages. The Firm does not share the collected information listed above with nonaffiliated third parties. In the event, however, that the Firm is sold, transferred or disposed of in accordance with legal proceedings, user information, including identifying information, may be transferred to such third party purchaser or transferee, and will be subject to such third party’s privacy policy.

Security

The Firm takes reasonable precautions to protect its clients’ personal information by hiring an internet hosting provider that maintains physical, electronic and procedural safeguards that either meet or exceed applicable law. Please note, however, that no transmission over the internet can be 100% secure. The Firm also works to protect user information offline. All of your information is housed in secure, access-restricted areas. Only employees who need the information to perform a specific function are granted access to personally identifiable information.

Use of Cookies

Cookies are small text files that are stored on a user’s hard drive after the user has visited and/or registered with an online website. This Website does not store long-term cookies, but rather uses session cookies which expire when the user closes the web browser.

Changes to the Online Privacy Policy

If we ever change the Online Privacy Policy, we will post that information here. If there is ever any material change to the information we gather and how it is used, we will notify you via the email address we have in your personal profile. We invite you to come back from time to time to review the policy.

REFERENCES TO PUBLICATIONS AND OTHER COMPANIES

References to any publication or any other company in the Website are for reference and informational purposes only and are not intended to suggest that any of such companies endorse, recommend or approve of the services, analysis or recommendations of the Firm or that the Firm endorses, recommends or approves the services or products of such companies. News stories reflect only the author’s opinion and not necessarily that of the Firm.

LINKS TO THIRD PARTY WEBSITES

The Website may contain hyperlinks to websites operated by parties other than the Firm, which the Firm may not have been screened or reviewed and which may contain inaccurate, inappropriate or offensive material, products or services. The Firm does not control such websites, and the Firm assumes no responsibility or liability regarding the accuracy, reliability, legality or decency of such third-party websites, content, products or services. Such hyperlinks are provided for your convenience only. The Firm’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

MODIFICATION AND MONITORING OF WEBSITE

The Firm may, at its discretion, change, modify, add or remove portions of these Terms of Use at any time without notice to you. We suggest that you check these Terms of Use periodically for changes. If you use the Website after we post changes to these Terms of Use, you accept the changed Terms of Use. The Firm expressly reserves the right to monitor any and all use of the Website.

TERMINATION AND CANCELLATION

The Firm may modify or terminate the Website and terminate your access to the Website, without notice at any time and for any reason.

GENERAL

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

By reviewing or using the information on the Website after accessing the Website, you represent and warrant that (a) you have the authority to enter into these Terms of Use and create a binding contractual obligation, (b) you understand and intend these Terms of Use to be the legal equivalent of a signed, written contract equally binding, and (c) you will use the information on the Website in a manner consistent with applicable laws and regulations in accordance with these Terms of Use, as the Firm may amend them online or otherwise from time to time. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

This Website may contain forward-looking statements on our current expectations and projections about future events. Statements that are predicative in nature, that depend upon or refer to future events or conditions or that include words such as “expects,” “anticipates,” “intends,” “plans,” “believes,” “estimates,” “thinks,” and similar expressions are forward-looking statements. These statements involve known and unknown risks, uncertainties and other factors that may cause our actual results and performance to be materially different from any future results or performance expressed or implied by these forward-looking statements. These factors include, among other things, those matters discussed as “Risk Factors,” in our materials, as well as (1) general economic and business conditions; (2) new governmental regulations and changes in, or the failure to comply with existing governmental regulation, (3) legislative proposals that impact our industry or the way we do business, (4) competition, and (5) our ability to attract and retain qualified personnel.

Although we believe that these statements are based upon reasonable assumptions, we can give no assurance that our goals will be achieved. Given these uncertainties, prospective clients are cautioned not to place undue reliance on these forward-looking statements. We assume no obligation to update or revise any forward-looking statements contained on this Website or provide reasons why actual results may differ.

INDEMNITY

You agree, at your own expense, to indemnify, defend and hold harmless the Firm, its parents, subsidiaries and affiliates, and their officers, partners, managers, members, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) incurred in, arising out of or in any way related to your breach of these Terms of Use or the Privacy Policy, your use of the Website, or any of your other acts or omissions.

JURISDICTIONAL ISSUES AND APPLICABLE LAW

These Terms of Use are governed by the laws of the State of Colorado, without regard to its choice of law provisions. You hereby consent to the exclusive and personal jurisdiction and venue of courts in the City and County of Denver, Colorado which shall have exclusive jurisdiction over any and all disputes arising out of or relating to these Terms of Use, the use of the Website or any product or service related thereto. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.