Last Updated: 01 January 2023
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through the Website, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of the Website after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using the Website.
If you have any questions about these Terms or our Website, please contact us at firstname.lastname@example.org.
This website is a general communication for informational purposes only and is not and should not be construed as advice or a recommendation concerning any security or other asset, or an offer to sell, or the solicitation of an offer to buy, any security, product, service of XShares Advisors or any fund for which we serve as an investment manager or general partner, whether existing or contemplated, for which an offer can be made only by such fund’s confidential private placement memorandum and in compliance with applicable law. XShares Advisors is not registered as an investment adviser with the U.S. Securities and Exchange Commission. XShares Advisors is an Exempt Reporting Adviser (ERA) and, therefore, is not required to register with the SEC or any state regulatory agency.
This Website may contain “forward-looking statements” within the meaning of Section 27A of the Securities Act of 1933, as amended (the “Securities Act”), and Section 21E of the Securities Exchange Act of 1934, as amended (the “Exchange Act”). These statements include, but are not limited to, discussions related to XShares Advisors' expectations regarding the performance of its business, liquidity, and capital resources, and the other non-historical statements. These forward-looking statements are based on our beliefs, as well as assumptions made by, and information currently available to, XShares Advisors. When used on this website, the words “believe,” “anticipate,” “estimate,” “expect,” “intend,” or future or conditional verbs, such as “will,” “should,” “could,” or “may,” and variations of such words or similar expressions are intended to identify forward-looking statements. Although XShares Advisors believes that the assumptions and expectations reflected in these forward-looking statements are reasonable, there can be no assurance that these expectations will prove to be correct, and actual results may vary. These statements are subject to risks, uncertainties, and assumptions, including risks relating to our dependence on key personnel, our ability to raise new private equity, credit, or real asset funds, market conditions generally, our ability to manage our growth, fund performance, changes in our regulatory environment and tax status, the variability of our revenues, net income, and cash flow, our use of leverage to finance our businesses and investments by funds we manage, and litigation, regulatory and compliance risks, among others. These factors should not be construed as exhaustive, and we undertake no obligation to publicly update or review any forward-looking statements, whether as a result of new information, future developments, or otherwise, except as required by applicable law.
For information about how we collect, use, share, and otherwise process information about you, please see our Privacy Statement at privacy-policy.
You must be at least 18 years of age to use our Website. If you use our Website on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
User Accounts and Account Security
You may need to register for an account to access certain permissioned webpages on the Website. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.
Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Website. You will not:
- Use or attempt to use another user’s account without authorization from that user and XShares Advisors.
- Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Website, except as expressly permitted by us.
- Modify our Website, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Website.
- Use any hardware or software intended to damage, disable, overburden, or impair the functioning of our Website in any manner.
- Reverse engineer any aspect of our Website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Website.
- Attempt to access any feature or area on our Website that you are not authorized to access.
- Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Website.
- Use our Website for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.
Enforcement of this Section 6 is solely at XShares Advisors' discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 6 does not create any private right of action on the part of any third party or any reasonable expectation that the Website will not contain any content that is prohibited by such rules.
Ownership; Limited License
The Website, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, are owned by XShares Advisors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Website are reserved by us. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Website.
We may provide references and links on the Website related to third-party products, content, services, activities, or events (collectively, “Third-Party Content”). We provide Third-Party Content solely as a convenience to you and do not control or endorse, or make any representations or warranties regarding, any Third-Party Content. Your access to and use of such Third-Party Content is at your own risk.
XShares Advisors makes no representation or warranty, express or implied, with respect to the accuracy, reasonableness, or completeness of any of the information contained on this Website, including, but not limited to, information obtained from third parties, although we believe information sourced from third parties is correct (but we have not independently verified such information). This Website and its contents are not intended to provide, and should not be relied upon for, accounting, legal, or tax advice or investment recommendations. Past performance is not indicative nor a guarantee of future returns. There can be no assurance that any strategy discussed on this Website will achieve its objectives.
Your use of our Website is at your sole risk. Except as otherwise provided in a writing by us, this Website and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, XShares Advisors does not represent or warrant that our Website is accurate, complete, reliable, current, or error-free. While XShares Advisors attempts to make your use of our Website and any content therein safe, we cannot and do not represent or warrant that our Website or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Website.
Limitation of Liability
To the fullest extent permitted by applicable law, XShares Advisors will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for the failure to maintain the accuracy, quality, reliability, or performance of the Website, for the failure to provide or maintain your access to the Website, for any interruption, delay, or disruption to your access to the Website, or the failure of any connection or communication service related to the Website.
The limitations set forth in this Section 10 will not limit or exclude liability of XShares Advisors for any matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Transfer and Processing Data
In order for us to provide our Services, you agree that we may process, transfer, and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with XShares Advisors concerning the Website and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions: You and XShares Advisors agree that any dispute arising out of or related to these Terms or our Website is personal to you and XShares Advisors and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action, or any other type of representative proceeding.
Arbitration of Disputes: Except for small claims disputes in which you or XShares Advisors seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or XShares Advisors seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and XShares Advisors waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Website resolved in court. Instead, for any dispute or claim that you have against XShares Advisors or relating in any way to the Website, you agree to first contact XShares Advisors and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to XShares Advisors by email at email@example.com or by certified mail addressed to XShares Advisors LLC; [Address], United States. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and XShares Advisors cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in New York County, New York, or may be conducted telephonically or via video conference for disputes alleging damages less than $10,000, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules is available on the JAMS website and is hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and XShares Advisors agree that these Terms affect interstate commerce and that the enforceability of this Section 12 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
The arbitrator, XShares Advisors, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and XShares Advisors agree that for any arbitration you initiate, you will pay the filing fee, and XShares Advisors will pay the remaining JAMS fees and costs. For any arbitration initiated by the company, XShares Advisors will pay all JAMS fees and costs. You and XShares Advisors agree that the state or federal courts of the State of New York and the United States sitting in New York County, New York have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Website must be filed within one year after such a claim arose; otherwise, the claim is permanently barred, which means that you and XShares Advisors will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 12 by emailing us at firstname.lastname@example.org. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 13.
If any portion of this Section 12 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 12 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 12; and (c) to the extent that any claims must, therefore, proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 12 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 12 will be enforceable.
Governing Law and Venue
Any dispute arising from these Terms and your use of the Website will be governed by and construed and enforced in accordance with the laws of New York, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of New York and the United States, respectively, sitting in New York County, New York.
Modifying and Terminating our Services
We reserve the right to modify our Website or to suspend or stop providing all or portions of our Website at any time. You also have the right to stop using our Website at any time. We are not responsible for any loss or harm related to your inability to access or use our Website.
If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The failure of XShares Advisors to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.