Disclaimers and Terms of Use

Please read these Disclaimers and Terms of Use (the “Terms”) carefully before using this website.  References on this website to “Hildene” or “we” shall be deemed to include Hildene Capital Management, LLC and any of its affiliated entities.  This website and its contents are proprietary information of Hildene and any reproduction of this information, in whole or in part, without the prior written consent of Hildene is forbidden.  Unauthorized use of this website, including but not limited to misuse of passwords or posted information, is strictly prohibited.

Acceptance of Terms.  This website is offered to you conditioned on your acceptance without modification of the Terms. You acknowledge that by accessing this website, you confirm your agreement with and understanding of the Terms without limitation or qualification. Hildene reserves the right to change the Terms under which this website is offered. You are bound by any such revisions and should therefore periodically visit this page to review the Terms for amendments.

No Offer of Securities.  The information contained on his website has been prepared solely for informational purposes and is not an offer to buy or sell or a solicitation of an offer to buy or sell any securities or financial instruments or to participate in any trading strategy. Offerings of securities shall be made only by private offering memoranda prepared by or on behalf of Hildene, which would contain material information not contained on this website and which shall supersede this information in its entirety. Any decision to invest in securities offered by any of Hildene’s managed funds should be made only after reviewing the definitive private offering memorandum for such fund, conducting such investigations as the investor deems necessary and consulting the investor’s own investment, legal, accounting, and tax advisors in order to make an independent determination of the suitability and consequences of such investment.

Assets Under Management.  Hildene’s assets under management include assets held through private funds, managed accounts and structured product portfolios, including CDOs.  CDO assets under management are calculated based on the par notional value of the CDO’s collateralized debt obligations.

No Warranty, Limitation of Liability.  The information on this website is provided “as is”. Hildene does not represent or warrant as to the accuracy of the materials provided herein, either expressly or impliedly, for any particular purpose and expressly disclaims any representations or warranties of merchantability or fitness for a particular purpose.

You acknowledge that Hildene shall have no liability, contingent or otherwise, to you or to any third parties, or any responsibility whatsoever, for the failure of any connection or communication service, to provide or maintain your access to online services or products, or for any interruption or disruption of such access or any erroneous communication between Hildene and you. Hildene shall have no liability, contingent or otherwise, to you or to third parties, for the accuracy, quality, timeliness, performance, reliability, or completeness of the information or services contained on this website, or delays, omissions, or interruptions in the delivery of the data or services or products available on this website or for any other aspect of the performance of these services and products. In no event will Hildene be liable for any special, indirect, incidental or consequential damages that may be incurred or experienced on account of the use of any data or services or products made available on this website, even if Hildene has been advised of the possibility of such damages. Hildene shall have no responsibility to inform or notify you of any difficulties experienced by Hildene or any third parties with respect to the use of the services, products or data provided on or by this website. You further acknowledge that nothing contained on this website constitutes investment, legal, tax or other advice, nor is it to be relied upon in making any investment or other decisions. You should seek professional advice prior to making any investment decisions. Hildene may revoke your access to or utilization of this website for any reason without prior notice.

Severability.  If any of the provisions of the Terms are deemed unlawful or for any reason unenforceable, the same shall be inoperative only to the extent necessary to achieve compliance with applicable law and shall not affect the remaining Terms, which shall be given full effect, without regard to the invalid portion.