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User Agreement
Terms of Use
This statement applies to Real Asset Portfolio Management LLC Web Sites and Portals worldwide.
User Agreement
USER AGREEMENT. Welcome to the Real Asset Portfolio Management (“RAPM”) web site located at http://www.realassetpm.com (the “Site”). This User Agreement (this “Agreement”) sets forth the terms under which you may use the client Portal accessed via this Website (this “Portal”). The terms “you” and “your,” as used in this Agreement, refer to all individuals and entities accessing this Site and Portal for any reason. The term “Real Asset Portfolio Management” as used in this Agreement, refers to Real Asset Portfolio Management LLC and its subsidiaries and affiliates. The term “the Funds” refers to all managers, sponsors, funds, direct investments, separate accounts, joint ventures, co-investments or any and all other investments in which you have reviewed, committed to or invested, that fall under your advisory or consulting agreement with RAPM and any subsequent funds formed by the sponsors or managers of the foregoing. BY ACCESSING THIS PORTAL, YOU ACKNOWLEDGE THAT YOU HAVE READ, AGREE TO BE BOUND BY AND UNDERSTAND THIS AGREEMENT, AND THAT YOU WILL COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING UNITED STATES COPYRIGHT AND TRADEMARK LAWS. If you have any questions about your obligations under this Agreement, contact RAPM.
1. Limited License and Portal Use. Subject to the terms of this Agreement, RAPM grants you a limited, revocable, non-exclusive, non-transferable license to view, store, bookmark, download, and print the pages within this Portal that you are authorized to access for your personal, informational, and non-commercial use. This Site may only be used by registered users for lawful purposes. During the term of your advisory or consulting agreement with RAPM plus 30 days thereafter, you will have access to download information stored on this Portal.
2. Passwords. This Portal is protected by a password and requires a login and registration. You agree not to disclose or share your password with any third party or use your password for any unauthorized purpose. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify RAPM of any unauthorized use of your registration or password.
3. Indemnity. You agree to indemnify and hold RAPM, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Portal, your connection to the Portal, your violation of this Agreement, or your violation of any rights of another.
4. Confidentiality and Intellectual Property. You acknowledge and agree that the information contained on and made available through this Portal is or may be subject to any confidentiality agreement between you and your managers, a Fund and/or a Fund’s general partner, and that you will protect and maintain the confidentiality of this information according to such agreement.
5. Termination. Upon any breach by you of this Agreement, RAPM may pursue, in its sole discretion, all of its legal remedies, including but not limited to termination of your registration and your ability to access this Portal. RAPM may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, subject to providing you with at least 30 days advance notice (“Advance Notice”). You agree that (i) any termination of your access to the Portal may be effected with Advance Notice, and you acknowledge and agree that RAPM may deactivate or delete your account and all related information and material in your account and/or bar any further access to such information or to the Portal with Advance Notice. Further, you agree that once the Advance Notice period of time has expired RAPM is not liable to you or any third-party for any termination of your access to the Portal.
6. Links. RAPM may provide, or third parties or the Funds may provide, links to other World Wide Web sites or resources that are beyond RAPM’s control. RAPM makes no representations as to the quality, suitability, functionality or legality of any sites to which links may be provided, and you hereby waive any claim you might have against RAPM, with respect to such sites. RAPM IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT ARE CONTAINED OUTSIDE THE PORTAL. If you decide to access linked third party Web sites, you do so at your own risk.
7. No Warranty.RAPM DOES NOT WARRANT THAT THE PORTAL WILL OPERATE ERROR-FREE OR THAT THE PORTAL OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. THE PORTAL AND THE INFORMATION AND MATERIAL HEREIN ARE PROVIDED “AS IS,” AND RAPM EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, RAPM does not promise or warrant to you that any aspect of the Portal will work properly or will be available continuously. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary from state to state.
8. Limit on Liability.IN NO EVENT SHALL RAPM BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE PORTAL OR THIS AGREEMENT. FURTHER, IN NO EVENT SHALL RAPM BE LIABLE TO YOU IN AN AMOUNT GREATER THAN $100. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
9. Governing Law and Arbitration. This Agreement is governed in all respects by the laws of the Oregon. Any controversy or claim arising out of or relating to this Agreement or the Portal will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Oregon, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review, except as permitted by Oregon law. Notwithstanding the foregoing, either party may seek any interim or preliminary relief from a court of competent jurisdiction in the State of Oregon as necessary to protect the party’s rights or property pending the completion of arbitration. By using this Portal, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Oregon.
10. Entire Agreement.This Agreement constitutes the entire agreement, and supersedes the provisions of any other agreements or understandings (oral or written), between the parties with respect to your use of this Portal.
11. Modifications to Terms of Agreement.RAPM reserves the right to revise, amend or modify the terms of this Agreement at any time and in any manner at its sole discretion. Please check these terms periodically for changes. Notice of any revision, amendment or modification of the terms will be posted in a section of the Portal, and any such revisions, amendment, or modifications will be effective upon the posting of such notice. Continued use of the Portal by you constitutes your binding acceptance of such revisions, amendments, and modifications. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE THE PORTAL.
12. General. You shall comply with all laws and regulations applicable to your access and use of the Portal. If any portion of this Agreement is deemed unenforceable, that portion shall be enforced to the maximum extent possible and the remaining portions of the Agreement shall be given full effect. RAPM’s failure to act in a particular circumstance does not waive the ability to act with respect to that circumstance or similar circumstances. RAPM shall be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement.
Updated August 2013
