
DISCLAIMER / TERMS & CONDITIONS OF USE
LEGAL INFORMATION
All persons using the website ("Website" or "Site") of Ostrich Caribbean Development Fund L.P., Ostrich Private Equity Investment Fund, LP (together, the "Ostrich Funds" or "Fund"), the general partner of the Ostrich Funds, Ostrich Investments Cayman Ltd. ("General Partner", and, together with the Ostrich Funds, "Ostrich") expressly agree to these terms and conditions of use as a pre-condition to using Website for any purpose whatsoever. By accessing the password-protected area of this site, you agree not to invest in any private investment fund or alternative investment vehicle (other than private investment 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 (if any) of your application. Ostrich reserves the right to terminate, at any time, any registered user's account with Ostrich (as well as access to the Website), 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 Ostrich if there is any change in your status as an "accredited investor" under Regulation D promulgated under Securities Act of 1933 and (if a U.S. person) as a "qualified purchaser" as defined in Section 2(a)(51) of the Investment Company Act of 1940. All registered users, including individuals and entities, should communicate with their legal advisors if they believe that their status as an accredited investor and (if a U.S. person) qualified purchaser has changed. If a registered user's status as an accredited investor and (if a U.S. person) qualified purchaser has changed, such registered user agrees to immediately notify Ostrich of such change. Nothing in this Site may be considered as an offer or solicitation to purchase or sell interests in the Fund, investments or other services. If any provision in these terms and conditions of use is held to be invalid or unenforceable, then the remaining provisions shall continue in full force and effect.
INTERESTS IN THE FUND HAVE NOT BEEN REGISTERED OR QUALIFIED FOR SALE UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE'S SECURITIES LAWS. INTERESTS IN THE FUND ARE SPECULATIVE AND INVOLVE A HIGH DEGREE OF RISK. YOU SHOULD BE AWARE THAT YOU COULD LOSE ALL OR A SUBSTANTIAL AMOUNT OF YOUR INVESTMENT IN THE FUND. THERE IS NO SECONDARY MARKET NOR IS ONE EXPECTED TO DEVELOP FOR INTERESTS IN THE FUND. THERE MAY BE RESTRICTIONS ON TRANSFERRING FUND INTERESTS. THE FUND'S PERFORMANCE MAY BE VOLATILE AND THE FUND WILL HAVE FEES AND EXPENSES THAT WILL REDUCE RETURNS.
Any information, data, statements, news articles, opinions, or projections made in any presentation, materials, newsletter, website, seminar, or any other communication, service, or product, whether written or verbal (collectively, the "Materials"), affiliated with Ostrich, do not constitute financial, legal, tax or any other advice and may contain certain forward looking statements, projections and information that are based on the beliefs of Ostrich as well as assumptions made by, and information currently available to, Ostrich. Such statements in the Materials reflect the view of Ostrich with respect to future events and are subject to certain risks, uncertainties and assumptions. Should one or more of these risks or uncertainties materialize, or should underlying assumptions prove incorrect, actual results may vary materially from those described in the Materials. Furthermore, although carefully verified, data is not guaranteed as to accuracy or completeness. Any quotations of individuals other than the authors or providers of the Materials are provided for informational purposes only and their accuracy and veracity are not guaranteed. The statements, opinions, and/or data expressed in the Materials are subject to change without notice based on market and other conditions. The Materials are based on information available as of the time they were written, provided, or communicated and Ostrich disclaims any duty to update the Materials and any content, research or information contained therein. Accordingly, neither Ostrich nor its principals or affiliates make any representation as to the timeliness of any information in the Materials. As a result of all of the foregoing, inter alia, neither Ostrich nor its principals can be held responsible for investments in the Fund made by the recipients or viewers of the Materials based on the statements, projections, research, or any other information of any other kind included in the Materials.
Ostrich is not registered as a securities broker-dealer with the U.S. Securities and Exchange Commission or with any state securities regulatory authority or with any foreign country. The information contained in the Materials are neither an offer to sell nor a solicitation of an offer to buy interests in the Fund or any other private fund, which may be managed by principals of Ostrich. The information in the Materials is in summary form for convenience of presentation; it is not complete and should not be relied upon as such. An offer to invest in the Fund can only be made by the Fund's confidential private offering memorandum ("Memorandum") and other offering documents, only to individuals who meet the investor suitability and sophistication requirements of the Fund, and only in jurisdictions in which such an offer is lawful. The Materials must be read in connection with the Memorandum and related documents in order to understand fully all of the implications and risks of the Fund. There can be no assurance that the objectives or information stated in the Materials will be achieved. The Materials should not be construed by anyone as Ostrich's solicitation or offer to effect or attempt to effect transactions in securities (or an offer thereof).
THE MATERIALS AND FUND OFFERING DOCUMENTS HAVE NOT BEEN FILED WITH, OR REVIEWED BY, THE SEC AND NEITHER THE SEC NOR ANY STATE SECURITIES ADMINISTRATOR HAS PASSED UPON OR ENDORSED THE MERITS OF AN INVESTMENT IN THE FUND OR THE ACCURACY OR THE ADEQUACY OF THE INFORMATION CONTAINED IN THE MATERIALS AND FUND OFFERING DOCUMENTS. ANY REPRESENTATION TO THE CONTRARY IS A CRIMINAL OFFENSE.
Ostrich is not registered as an investment advisor either with the U.S. Securities and Exchange Commission or with any state securities regulatory authority or with any foreign country. The Materials should not be construed by anyone as the rendering of personalized investment advice (or an offer thereof) for compensation. The Materials, and any information and research contained therein, do not represent a recommendation of investment advice to buy or sell any investment nor are they intended as an endorsement of any security or investment. The Materials are for informational purposes only and any information contained in the Materials represent the writer’s or provider's own investment opinions, and should not be construed as personalized investment advice. Ostrich cannot assess, verify, or guarantee the suitability of any particular investment to any personal situation and the reader or listener of the Materials bears complete responsibility for its own investment research and should seek the advice of a qualified investment and/or tax professional prior to making any investment decisions. Ostrich may only transact business or render personalized advice, and offers of service can only be made, in those states or international jurisdictions where Ostrich is registered or where an exemption or exclusion from registration is available. Nothing herein is an offer of any service that is not legal for offer into any particular jurisdiction with Ostrich's current licensure (if any).
No Warranty
OSTRICH, ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, PRINCIPALS, AGENTS AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED IN OR PRESENTED THROUGH THE MATERIALS. ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED "AS IS", WITHOUT ANY WARRANTY OF ANY KIND. OSTRICH 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.
Limitation of Liability
IN NO EVENT SHALL OSTRICH, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, PRINCIPALS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR TRADING LOSSES), OR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE MATERIALS (INCLUDING WITHOUT LIMITATION, THE CONTENT, INFORMATION, RESEARCH OR SERVICES INCLUDED THEREIN) WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF OSTRICH, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, PRINCIPALS, AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Limited License to Use the Website; Password Protected Areas
Except as specifically permitted below, nothing contained in these terms of use or the Materials 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 Materials, including without limitation the name or logo of Ostrich or any of its affiliates. Ostrich and the logos and marks included on the Website that identify Ostrich services and products are proprietary materials. The use of such terms and logos and marks without the express written consent of Ostrich is strictly prohibited. Copyright in the pages and in the screens of the Website, and in the information and material therein, is proprietary material owned by Ostrich unless otherwise indicated. The unauthorized use of any material on the Website may violate numerous statutes, regulations and laws, including, but not limited to, copyright, trademark, trade secret or patent laws. Users of the Website may view, download and print information and materials on this Website only for their personal and internal business use, provided that all hard copies contain all copyright and other applicable notices. Any data that you transmit to the Website (including without limitation personally-identifiable information) becomes the property of Ostrich and may be used by Ostrich for any lawful purpose without restriction, subject to the Privacy Policy set forth below. No part of the Materials may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, recording, or otherwise, without the prior written permission of Ostrich. Ostrich 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 Materials. No user shall use this Website 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 this Site.
Portions of the Website may be password-protected and are accessible only to users who have been issued passwords by an authorized representative of Ostrich. Password-protected portions of the Website may contain performance information. Users of the Website acknowledge that past performance is not necessarily indicative of future results.
Privacy Policy
In using portions of the Website, you may be asked to provide Ostrich with personal information. Personal information is any information that can be used to identify or contact a specific individual or company. Ostrich may use personally-identifiable information for its own internal purposes, or on behalf of its affiliates. Ostrich will not transfer, sell or disclose your personal information to any other third party without your prior consent, except as may be required by law (such as a search warrant, subpoena or other court order, or pursuant to the order of any regulatory body having jurisdiction over Ostrich or its affiliates) or to protect the integrity of the Website. In general, Ostrich's business practices limit access to personal information obtained through your use of the Website to those personnel who need to know such information to conduct Ostrich's or its affiliates' operations. Ostrich maintains physical, electronic and/or procedural safeguards designed to protect such information from unauthorized access or use. Ostrich will use personal information obtained through your use of the Website only in accordance with the privacy policy in effect at the time such information was provided.
Links to Third Party Web Sites
You are encouraged to exercise discretion while browsing through the Website or any connected hyperlinks to external websites. Ostrich has not reviewed any of the external websites that may be hyperlinked to the Website. Hyperlinks to external websites are provided for information and reference purposes only and neither Ostrich nor its affiliates are responsible for the availability or accuracy of these external websites or for any of the contents, advertising, products, or other materials contained therein. Ostrich is not responsible for the privacy practices of such other web sites. Your hyper-linking to, or use of, any external websites is at your own risk. Ostrich's inclusion of hyperlinks to external websites does not imply any endorsement of the content on or available through such websites nor does it imply association with the owners or operators of such external websites, and the views expressed at such external websites are not necessarily the views of Ostrich or its affiliates. Any concerns regarding any hyperlink should be directed to the respective website owner or operator/webmaster.
Terms of Use
By accessing any or all of the Materials and any information presented therein, you accept in their entirety the foregoing terms, conditions, and liability waivers pertaining to the use of the Materials and you assume all risks associated with such use (including without limitation, risk to your computer, software, or data being damaged by any virus transmitted or activated via any electronic copy, transmission, or download of any relevant Materials, links, or other electronic sources or data included within, or accessed from, the Website).
