TERMS OF USE
By accessing this website and any materials presented herein (the "Site") via any media or electronic device, including the Internet, telephone and wireless devices, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by the following terms, conditions and disclosures on the use of the Site (these "Terms of Use"). If you do not wish to be bound by these Terms of Use, you must not access or use this Site. ATEM Capital LLC (collectively with its affiliates and the funds and accounts sponsored or managed by them, "ATEM," "we," "us," or "our") reserves the right to change these Terms of Use at any time, as further described below.
DISCLOSURE
ATEM is an exempt reporting investment adviser located in New York, New York. This Site has been designed for informational purposes only. Under no circumstances should any information presented herein be used or construed as an offer or a solicitation of an offer, or another form of invitation or inducement, to sell or buy any security or other investments, or to provide advice regarding investments or a recommendation to purchase, sell or hold any security or other investment, or to pursue any investment style or strategy. Any such offer can only be made where lawful under and under applicable law. There can be no assurance that any particular strategy or investment will prove profitable. The information contained on this Site should not be interpreted to guarantee future performance. Investment strategies may be added, removed or adjusted, and/or the investment approach may be changed at any time in ATEM's sole discretion and without any notice. There can be no guarantee that any strategy or Policy employed by ATEM will achieve its investment objective or avoid losses. There can be no guarantee that ATEM's risk management framework will prevent losses from occurring. ATEM does not make any representations as to the accuracy, timeliness, suitability, completeness, or relevance of any information prepared by any unaffiliated third party, whether linked to the Site or incorporated herein and takes no responsibility therefor.

The information provided through this Site is for personal, non-commercial use and display. Investors are advised not to rely on any information contained on this Site in the process of making an investment decision. ATEM does not, and this Site does not intend to, render tax or legal advice. ATEM does not advise or make any representations as to whether any investment, investment strategy or investment style is suitable for you or will be profitable.

The material on this Site does not constitute an offer to sell or the solicitation of an offer to buy, advisory services, any securities or any interests in investment funds managed by ATEM or any of its affiliates. Investors may be subject to securities and tax regulations within their applicable jurisdictions that are not addressed on this Site.
ATEM grants you a limited right to use the Site. At any time and for any reason, we may revoke your right to use all or any portion of the Site. You may not violate or attempt to violate the security of the Site.

News, views, opinions, recommendations and other information presented on the Site but obtained from sources outside of ATEM are believed to be reliable, but we cannot guarantee the accuracy or completeness of such information. Further, ATEM reserves the right to change or amend the information provided on the Site at any time and without prior notice.

There is no assurance that any securities discussed herein are, or will remain, in an ATEM-managed portfolio. Any such securities do not represent an entire fund or portfolio. It should not be assumed that they were or will be profitable. The investment recommendations or decisions ATEM makes in the future will be profitable or equal the investment performance of such securities. Past performance is not indicative of future results.

All materials on the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures, hedge clauses and any copyright or proprietary notices, including those contained in these Terms of Use. Any disclaimers, restrictions, disclosures or hedge clauses 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.
LIMITATION OF LIABILITY
ATEM's liability with respect to the Site is limited to the maximum extent permitted by law. In no event will we, or our members, directors, officers, employees, contractors, agents, advisers or consultants be liable for any indirect, incidental, special, punitive, or consequential damages, however, caused, arising out of these Terms of Use, the Site, or the inability to use the Site. Our liability is limited even if we have been advised of the possibility of the damages you suffer or if any remedy is inadequate. 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, Virus (as defined below), communication line failure, theft, destruction or unauthorized access to, alteration of or use of any asset, whether for breach of contract, tortious behaviour, negligence or under any other cause of action.

To the greatest extent permitted by law, you agree to indemnify, defend and hold harmless ATEM and its agents, employees and third-party sources 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: (a) your use of the Site and any information or data you submit or transmit through the Site; (b) your breach of these Terms of Use or any representation, warranty or covenant made by you in these Terms of Use; (c) your violation of any applicable law, statute, ordinance, regulation or of any third-party's rights; or (d) any claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in these Terms of Use.

You are solely responsible for the security of your computer system, including using and maintaining appropriate anti-virus, firewall and backup software. ATEM disclaims any responsibility or liability for any problem with your computer systems, including any Virus that your computer systems receive due to your use of the Site. As used herein, "Virus" means: (a) program code or programming instruction or set of instructions that disrupt, disable, harm, interfere with, otherwise, adversely affect or without authorization access or delete computer programs, data files or operations; or (b) other code typically described as a virus or by similar terms, including a Trojan horse, worm or backdoor.

You agree not to use the Site or access to the Site for any purposes other than for which the Site is being provided to you.
NO WARRANTY
ATEM disclaims all warranties with respect to the Site that the law allows it to disclaim. The Site is provided "as is" and "as available." We disclaim 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, we do not warrant the availability, accuracy, completeness, security, timeliness, functionality, reliability, sequencing or speed of delivery of the Site or any part of the content, including with regard to financial results, based on the use of the information in or other uses of the Site. The use of the Site is at your own risk.
UNLAWFUL OR PROHIBITED USE AND MONITORING
As a condition of your use of this Site, you warrant to ATEM that you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use. You will be responsible for any liability to ATEM that arises out of your breach of these Terms of Use or your use of the Site.

ATEM 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 use Personal Information for any of the purposes specified in that Policy. 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.
GENERAL
The Site is owned by ATEM, and the contents and structure of the Site are copyright protected. No information or data content contained on this Site, including any text (whether in whole or in part), pictures or graphics, may be reproduced, transmitted, displayed, distributed, published or otherwise commercially exploited without the prior written consent of ATEM.

Any dispute regarding these Terms of Use shall be governed by the laws of the State of New York, United States. You hereby consent to the exclusive jurisdiction and venue of the courts in New York, New York, in all disputes arising out of or relating to the use of this Site.

We reserve the right, in our sole discretion, to change these Terms of Use at any time without notice. Any changes are effective immediately upon posting to the Site. The date these Terms of Use were last revised is identified at the top of the page. You are responsible for visiting this page to check for any changes. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms of Use. We may, with or without prior notice, terminate any of the rights granted by these Terms of Use.
Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or another form of joint enterprise between us. These Terms of Use do not amend any other written agreement you may have executed (or may in the future execute) with us unless the other written agreement refers explicitly to these Terms of Use. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms of Use shall be unenforceable or invalid under any applicable law or be so held by any appropriate arbitral award or court decision, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole, but these Terms of Use shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.

If you have any questions relating to or to report any violation of these Terms of Use, please contact us at info@atemcap.com.
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