Disclaimer and General Terms & Conditions



BEFORE ENTERING THIS WEBSITE, PLEASE READ CAREFULLY THE FOLLOWING IMPORTANT TERMS AND CONDITIONS (THE "TERMS") THAT GOVERN YOUR ACCESS TO, AND USE OF, THIS WEBSITE, AND ACKNOWLEDGE YOUR AGREEMENT AND UNDERSTANDING OF THEM. IF YOU AGREE TO THE TERMS, CLICK "I ACCEPT THE DISCLAIMER" AT THE END OF THIS DOCUMENT TO ENTER THIS WEBSITE. IF YOU DO NOT ACCEPT THE DISCLAIMER AND GENERAL TERMS AND CONDITIONS OF MYRA CAPITAL YOU WILL NOT BE ABLE TO ACCESS THIS WEBSITE. THESE TERMS ARE A BINDING AGREEMENT BETWEEN YOU AND MYRA CAPITAL GMBH, AND GOVERNS YOUR ACCESS AND USE OF THE WEBSITE. YOU (THE "USER") AGREE NOT TO UNDERTAKE ANY ACT OR OMISSION THAT WOULD CONSTITUTE A BREACH OF THESE TERMS. WHERE YOU USE THIS WEBSITE ON BEHALF OF YOUR EMPLOYER OR AN ORGANISATION YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORISED BY SUCH EMPLOYER OR ORGANISATION TO ACCESS AND USE THE WEBSITE AND TO AGREE TO THE FOLLOWING TERMS ON THEIR BEHALF. IN SUCH CIRCUMSTANCES, EXCEPT WHERE EXPRESSLY PROVIDED TO THE CONTRARY, "USER" SHALL REFER TO A USER AND ITS EMPLOYER OR THE ORGANISATION ON WHOSE BEHALF THE USER USES THIS WEBSITE JOINTLY AND SEVERALLY.

INVESTORS ACT ON THEIR OWN RISK INVESTMENTS MAY LOSE VALUE THE INSTRUMENTS AND INDEXES ARE NOT CAPITAL GUARANTEED AND/OR FDIC INSURED INVESTORS SHOULD UNDERSTAND RISKS AND TAX ISSUES BEFORE INVESTING.

This Website is provided by MYRA Capital GmbH and is responsible for the Website's content and any of the products and services described or provided through it (together "The Website"). The registered office of MYRA Capital GmbH is Innsbrucker Bundesstr. 126, 5020 Salzburg, Austria. If you have any comments about the Website, please contact us at info@myracapital.com

For institutional investors only

This part of the Website and its content is restricted to institutional investors. By agreeing to these Terms, the User confirms and acknowledges that it is acting in the capacity of his trade, business or profession or representing someone who is so acting.

No offer or investment advice

Nothing contained on this Website should be considered as an offer or solicitation to enter into any transaction or to purchase, sell or hold any investment, or to effect any transaction or conclude any other legal act whatsoever. Pricing levels and valuations published on the Website are indicative and they and other information displayed thereon are for information purposes only. Although this Website may include investment-related information, information made available on this Website should not be considered as legal, tax, investment or securities advice or any form of recommendation to purchase, sell or hold any products or services described therein, or any opinion regarding the appropriateness of any investment. Any investment decisions should be made following the receipt of appropriate financial, tax, accounting, legal and other professional advice and following checks as to the accuracy of all relevant information, and not on the basis of anything on this Website alone.

Decisiveness of offering circular, prospectus or securities statement

An offering circular, prospectus or securities statement referring to a specific product is available on the Website in certain cases. Users should carefully read the information contained therein before making any investment decision, including the risk factors set out in any such document. Offering circulars, prospectuses and securities statement can be obtained at the registered offices of the relevant issuer of these securities. In the event of any inconsistency between the information on this Website regarding a specific product and the terms specified in the relevant offering circular, prospectus or securities statement, the latter shall prevail.

Historical and future performance

Past performance information (either actual or simulated) contained on this Website is not indicative of future results and MYRA Capital GmbH does not guarantee future performance. The value of an investment in a strategy or Fund may go up as well down so that an investor's investment, when redeemed, may be more or less than the original investment amount. By its nature, investment in a Fund or product referred to on this Website is only suitable for sophisticated investors who do not require immediate liquidity for their investment, for whom an investment in a Fund does not constitute a complete investment programme and who fully understand and are willing to assume the high risk involved in the investment programme of a Fund. Particular attention is drawn to the risk factors set out in any offering circulars and prospectuses.

No representations or warranties for contents

Although reasonable efforts have been used to ensure that the information set out on this Website is reliable, no representation or warranty is made as to its accuracy, completeness and adequacy and MYRA Capital bears no responsibility for the rectification of errors which may occur from time to time. Any opinions expressed reflect the current view of MYRA Capital GmbH, in its capacity as distributor, which may change without notice. The use of any information set out in this Website is entirely at the recipient's own risk. The information and opinions contained on this Website are provided without any express or implied warranty. MYRA Capital does not take any responsibility for any information contained on this Website provided by third parties.

Use of the Website

Changes to the Website

MYRA Capital grants you a limited right to use the Website. Your right to use the Website is subject to your agreement to abide by these Terms in their entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Website. MYRA Capital reserves the right to partly or completely change the Website at any time and to restrict, interrupt or terminate its service without notice.

Changes to these Terms

MYRA Capital reserves the right to modify or amend these Terms at any time without notice. MYRA Capital invites you to consult these terms and conditions from time to time, to familiarise yourself with the changes.

Limitations on liability

To the fullest extent permitted by law, MYRA Capital (and its affiliates, agents or licensors) excludes all liability whether in contract, tort, negligence, misrepresentation or otherwise for any loss or damage caused, directly or indirectly, by your use of the Website or of the information contained on or provided to you pursuant to your use of the Website (or through links to other websites owned and operated by third parties or otherwise). MYRA Capital disclaims all conditions, warranties or other terms whether expressed or implied by statute, custom or usage (including without limitation, warranties as to satisfactory quality, fitness for purpose or skill and care) relating to the Website and the information contained in or omitted from the Website. Neither MYRA Capital nor any of its agents or licensors shall be liable for any direct, indirect, incidental, special or consequential loss or damages (including, without limitation for loss of profit, business opportunity, loss of goodwill or anticipating savings) whatsoever, whether in contract, tort, misrepresentation or otherwise arising from the use of the Website or the information contained on the Website; your inability to use the Website at any time and any error in the provision of the Website; unauthorised access to or alteration of the Website or any information or data transmitted in relation to the Website; any computer virus transmitted through the Website; third party services outside MYRA Capital's reasonable control (including, but not limited to, telephone and browser services and your use of email communications to contact or instruct MYRA Capital, and any delay in MYRA Capital's receipt or confirmation of such a communication, any interception of or changes to such a communication and any reasonable delay in acting on such a communication), whether such services are used by you to access the Website or otherwise; your use of or reliance on other websites to which you have gained access by means of hyperlinks published on the Website; any inaccurate information, material or opinions published on the Website (or accessed via the Website) or your reliance thereon. For the avoidance of doubt this provision shall apply whether or not the relevant loss or damage arises by reason of MYRA Capital's negligence. 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, computer virus, 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. Nothing in these Terms will affect any duty, obligation or liability owed by MYRA Capital under the regulatory systems of any applicable jurisdiction which cannot be excluded or modified by agreement or notice.

Indemnity

You shall indemnify, defend and hold harmless MYRA Capital and its agents, employees and third party sources for any loss, liability or cost suffered by them as a result of (a) your use of the Website; (b) any breach of these Terms or any representation, warranty or covenant made or given by you in these Terms; or (c) your violation of any applicable law, statute, ordinance, regulation or of any third party's rights.

Copyright

10.1 Unless stated otherwise, content and design of the Website are the property of MYRA Capital or its licensors and is protected by copyright. Any copying, selling, publication, reproduction, distribution, re-transmission, sub-licensing, assignment or other use any portion of the Website or of its content requires the prior written consent of MYRA Capital. In using this website you undertake not to reproduce or distribute any information contained herein in whole or in part, nor to disclose any of its contents (except to your professional advisers) without the prior written consent of MYRA Capital, who you agree has the benefit of this undertaking. You and your professional advisers will keep permanently confidential information contained herein and not already in the public domain. You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Website. You may not publish, broadcast, retransmit, reproduce, repackage, frame, commercially exploit, create any derivative of or otherwise redistribute all or any portion of the Website except as explicitly permitted in these Terms.

As a visitor to the Website, you may view the Website and you are welcome to print hard copies of material on it for your personal, non-commercial use. You may not remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Website. All other copying or distribution of any part of the Website whether in electronic, hard copy or other format is prohibited and all other rights reserved. Any copies must not alter the original content and must reproduce our copyright notices.

10.2 MYRA Capital marks referred to on the Website are trademarks which belong to MYRA Capital GmbH. No visitor may use such trademarks or other devices without the prior written consent of MYRA Capital. Other product and company names reproduced on the Website may be the trademarks (registered or otherwise) of the respective owners, and all rights in the material on any other websites which you may be able to link to from the Website are owned by third parties.

User conduct

You agree not to use the Website in any way that will violate or infringe any laws or regulations of any jurisdiction or the rights of any person.

You make certain representations and warranties regarding your use of the Website. You represent and warrant that: (a) you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to these Terms; (b) you have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of these Terms; and (c) you will not delete any of the content available on the Website, including, without limitation, any information, data, tools, products, services and other content available on or through the Website.

Privacy Policy

MYRA Capital respects your privacy. Personal data, which are collected when visiting this website, are processed according to requirements under English law. Such information may be collected through "traffic data" and may entail the use of "cookies", "IP addresses" or other numeric codes used to identify your computer. We may also collect personal data from you through the Website or via email when you contact us. Such information may be retained and used by us for general research purposes, to communicate with you to respond to any queries or requests made by you and for any other reasonable purposes for which you have provided such information. In addition, we may use such data from time to time to send you further information relating to MYRA Capitals products or services which we feel may be of interest to you or any information which you have expressed an interest in to MYRA Capital to your usual contact at MYRA Capital or through email or this Website. You may notify us at any time if you wish to cease receiving this further information by contacting your usual contact at MYRA Capital or by sending an email requesting this to info@myracapital.com.

We are committed to protecting your privacy and we implement various security measures in relation to our processing and transfer of personal data to try to ensure that your personnel data is kept secure against unauthorised access, loss, disclosure or destruction. However, the nature of the Internet is such that the data may in some circumstances flow over networks without full security measures and could be accessible to unauthorised persons. By clicking on the "I accept the disclaimer" button you confirm that you consent to the uses of information relating to you set out above and you authorise us to make available, transfer and disclose such information to third parties in the manner described above.

Hyperlinks

Certain hypertext links on the Website may lead the user to Websites that are not under the control or charge of MYRA Capital. When the User clicks on such a link, he leaves the Website MYRA Capital and enters the third-party site at its own risk. MYRA Capital is not responsible for any material contained on any other non-MYRA Capital website.

Governing Law; Jurisdiction

These Terms and any non-contractual obligations arising out of or in connection with them are exclusively governed by and shall be construed in accordance with Austrian law. Each private user who is not a resident of one of the countries for which the Council Regulation (EC) NO 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters is applicable, or which have entered and ratified the Convention on jurisdiction and enforcement of judgements in civil and commercial matters signed at Lugano on 16 September 1988, and all commercial users are subject to the exclusive jurisdiction of the court of Salzburg, Austria in respect of any disputes arising under these Terms, including a dispute relating to non-contractual obligations arising out of or in connection with these Terms.

Severability

If at any time any provision (or part of any provision) of these Terms is, or becomes, illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect the legality, validity or enforceability in that or any other jurisdiction of any other provision (or any other part of this provision) of these Terms.

Selling restrictions

The products described on the Website are not eligible for sale in all countries. The offering circulars referred to on this website contain information as to the selling restrictions applicable to any particular product and the User should read them carefully. In particular, the following restrictions apply:

Residents of the United States of America:

The information set out in the Website is not directed to the United States. US persons (as defined in Regulation S under the US Securities Act 1933) and persons resident in the US may not enter the Website. Information from this Website may not be distributed or redistributed into the United States or into any jurisdiction where it is not permitted. Any securities described on this Website have not been and will not be registered under the US Securities Act of 1933 as amended and trading in the securities has not been approved for purposes of the US Commodities Exchange Act of 1936. The securities may not be offered or sold in the United States, to US persons or US residents. The products described on the Website are only offered or sold to persons in any other jurisdiction, if applicable law permits this.

Miscellaneous

A failure to exercise or delay in exercising a right or remedy provided by these Terms or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by these Terms or by law prevents further exercise of the right or remedy or the exercise of another right or remedy.

MYRA Capital may assign, subcontract or transfer all or any of its rights and obligations under these Terms located anywhere in the world without requiring further consent from you, and upon such assignment, sub-contracting or transfer, MYRA Capital may be relieved of any further obligation to you under them. To the extent required and at our request, you agree to do anything reasonably necessary or beneficial to give effect to such assignment, sub-contracting or transfer. You may not assign, subcontract or transfer these Terms in whole or in part to any third party without our prior written consent.

Important information

Please be advised that to view information on this Website, you must accept these Terms.

"The information on this Website is not intended for persons or entities resident, located or registered in jurisdictions that restrict the distribution of such material. Consequently, the information on this Website does not constitute, and may not be used for the purposes of, an offer to acquire or sell any securities to any person in any jurisdiction:

1. in which any such offer is not authorised;

2. in which MYRA Capital is not qualified to make such offer; or

3. in which it is unlawful to make any such offer.

In particular, the information on this Website is not intended to and does not constitute an offer to acquire or sell securities or collective investment schemes. Accordingly, any offer will not be accepted.

Anyone accessing this Website from a jurisdiction in which any such restrictions apply should inform themselves about, and observe such restrictions. If you are a person located in any jurisdiction where there are restrictions on the type of person who may access information on this Website, by double-clicking on the "ACCEPT" button, you will be undertaking, warranting and representing to MYRA Capital that you are not causing MYRA Capital to breach any of those restrictions by your accessing of those parts of the Website.

The securities referred to on this Website have not been and will not be registered under the United States Securities Act of 1933 , as amended, and may not be offered or sold within the United States except pursuant to any exemption from, or within the framework of a transaction not subject to, the registration requirements of the Securities Act.

Therefore, the securities described in this Website may not be sold to U.S. nationals or US persons or otherwise be transferred to the United States unless the relevant transaction is not subject to registration requirements under U.S. law. MYRA Capital shall not be liable for any information contained in or activities conducted through the websites of any other companies which are hyperlinked to the Website of MYRA Capital.

Copyright MYRA Capital GmbH 2013

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