Terms and Conditions

Terms and Conditions of Website Use

Please carefully read the Terms and Conditions of Use (the “Terms”). Your access to or use of Performa’s website signifies that you understand and agree to be bound by the Terms. If you do not agree to be bound by or comply with these Terms, do not access or use our website.

Performa reserves the right, in our sole discretion, to change, modify, add or remove Terms or portions thereof at any time. Any changes, modifications, or additions to, or deletions from the Terms shall be effective upon posting on this website. If you use this website after we post changes to the Terms, you accept the Terms as changed.

This website is owned and operated by Performa. Performa is collectively Performa Limited (US), LLC and P.R.P. Performa Ltd. Performa Limited (US) LLC is a registered investment advisor with the U.S. Securities Exchange Commission adviser pursuant to the Investment Advisers Act of 1940 (Registration with the U.S. Securities and Exchange Commission does not imply that an adviser has attained a particular level of skill or training). P.R.P. Performa Ltd. is licensed to conduct investment business by the Bermuda Monetary Authority.

INTENDED AUDIENCE AND PURPOSE

The information provided on our website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject Performa, its affiliates, or any of its products to any registration requirement within such jurisdiction or country. This website is not directed to any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of the website is prohibited and such access would be contrary to any law or regulation in that country. Persons and institutions in respect of whom such prohibitions apply must not access the website.

Our website and its contents is for informational purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any security that may be referenced on or through our website. Further, our website and its contents does not constitute an offering or recommendation by Performa of any transaction, product or service, including securities transactions and investment management or advisory services. Performa does not provide investment advice, tax advice, or legal advice through this website, and you agree that this website will not be used by you for such purposes.

Market and Performance Information

Any market, price or performance data provided on this Site is for informational purposes only. Performa Limited (US), LLC believes that the information which may be viewed on this Site is accurate as of the date of publication, and where a particular page is dated, the information on such page is believed to be accurate as of that date. However, although the information sources are deemed to be reliable, Performa Limited (US), LLC does not guarantee or make any warranty regarding the accuracy, suitability or completeness of such information, or any information available through any site to which you may link through this Site.

TRADEMARKS

All copyrights, trademarks, logos, service marks, trade names, or other intellectual property displayed on, or used in conjunction with, this website are proprietary to Performa, unless otherwise noted. The content of this website is protected by applicable intellectual property (copyright) law. Performa reserves all rights with respect to intellectual property ownership of all material on this website, and will enforce such rights to the full extent permissible by law.

PRIVACY

Performa may collect information about you when you access the website if you voluntarily choose to send Performa electronic mail, request information, or ask to be contacted. Performa may use this information to provide you with updated information about the products and services we offer. Certain employees of Performa and our affiliates may be given the information you provide to respond to your requests. Employees of Performa and its affiliates are instructed to handle any information you provide confidentially.

Our website uses “cookies” and “web beacons” (such as Google Analytics) to collect, store and aggregate data about usage and browsing patterns. We use cookies and web beacons for session management and to analyze site usage; we do not use cookies and web beacons to store any personally identifiable information about you. A “cookie” is a small text file containing a random and unique alphanumeric identifier that we transfer to your computer’s hard drive through your web browser (unless you set your browser to reject cookies) that enables our systems to recognize your browser. A “web beacon” (also known as a “page tag,” “data tag” or “image tag”) is a mechanism by which a small section of code that is embedded in our website pages allows us to check that a user has viewed the page. These technologies can help us analyze and better understand how our website is being used and improve the user experience.

LIMITATION OF LIABILITY

Performa Limited (US), LLC shall not be liable for any loss (direct or consequential) arising from the use of, or reliance on, any part of this Site, except for any liability it may have under applicable securities laws. Further, you should be aware that the Internet is not a completely reliable transmission medium. Performa Limited (US), LLC shall not accept liability for any losses, costs, or expenses arising from your inability to access the Site for any reason or any delay in, or failure of, the transmission or the receipt of any instructions, orders or notifications sent through the Site.

ALL INFORMATION AND CONTENT ON THE SITE IS SUBJECT TO APPLICABLE STATUTES AND REGULATIONS, FURNISHED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT

You hereby agree to indemnify, defend and hold harmless Performa and its directors, officers, employees and agents, from and against any and all claims, liabilities, damages, losses or expenses (including reasonable attorneys’ fees and expenses) arising out of or in any way connected with your access to or use of our website.