Terms of Use

07

Ownership of Site & Copyright

The www.400Capital.com web site is owned by 400 Capital Management LLC (the “Adviser”). The www.400Capital.com web site and any and all accompanying screens, information, materials, user documentation, user interfaces, images, arrangements of information, related software and other proprietary property of the Adviser or its licensors accessible via the web site (collectively hereafter referred to as the “Web Site”) is and shall remain the exclusive property of the Adviser and its licensors, as the case may be. All rights to the Web Site remain with the Adviser or its licensors. This site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from this Web Site.

Unauthorized Access

This Web Site is not absolutely protected against unauthorized third parties. You acknowledge that any information provided through the Internet may be potentially accessed by unauthorized third parties. Although the Adviser will make reasonable efforts to protect the privacy of users of this site, no guarantee can be made that unauthorized third parties will not access the information contained on the Web Site. You acknowledge that the Adviser is not responsible for notifying you that unauthorized third parties have gained such access or that any data has been otherwise compromised during transmission across computer networks or telecommunications facilities, including, but not limited to, the Internet.

No Reliance

While the Adviser uses reasonable efforts to update the information on the Web Site, the Adviser makes no representations or warranties as to the accuracy, reliability or completeness of any information at this site. Content on this Web Site is subject to change without notice.

Links

The Adviser makes no representations whatsoever about the opinions of any third party appearing on a linked site, neither regularly monitors nor has control over the contents of such sites and does not endorse, and disclaims all responsibility for, the content of such statements or websites.

Assistance

If you need assistance with the Web Site, or if you need to communicate with the Adviser, you may telephone the Adviser at 1-212-612-3101 or email the Adviser at info@400Capital.com.

No Warranty

The Web Site, including information and materials contained in the Web Site, text, graphics, software, links and other items are provided “as is,” “as available.” The Adviser does not warrant the accuracy, adequacy, completeness, timeliness or availability of the Web Site, and expressly disclaims liability for errors or omissions in the Web Site. There is no warranty of merchantability, no warranty of fitness for a particular purpose, no warranty of non-infringement, no warranty of any kind, implied, express or statutory, in conjunction with the Web Site.

Limitation of Liability

In no event will the Adviser be liable for any damages, including, without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Web Site or use thereof or the inability by any party to use such site, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if the Adviser, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

No Offer of Sale

The information on this Web Site is not an offer to sell or solicitation of an offer to buy an interest in any investment fund managed by the Adviser or for the provision of any investment management or advisory services. Any such offer or solicitation will be made only by means of a confidential private offering memorandum relating to a particular fund or investment management contract and only in those jurisdictions where permitted by law.

Miscellaneous

The Adviser is an investment adviser registered as such with the U.S. Securities and Exchange Commission (“SEC”) and the Adviser may refer to itself as a “registered investment adviser.” Registration with the SEC does not imply a certain level of skill or training.