SKY HARBOR CAPITAL MANAGEMENT, LLC
Dated April 23, 2019
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Purpose of the Website
The Website’s purpose is only to provide general information about us, our principal employees, flagship investment strategies, and our research (collectively “General Information”) and does not constitute a recommendation or purport to give investment or other advice. We recommend that investors consult a financial advisor before making any investment decision and that you carefully consider your particular investment needs, objectives and financial circumstances.
Nothing on the Website is intended to, nor will, constitute an offer (or an invitation to make an offer) to buy, sell or otherwise transact in any investment fund and/or strategy referred to on the Website or any other security or financial instrument, or to provide any investment services or advice in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction.
The General Information on the Website is provided solely on the basis that you make your own investment decisions, and does not constitute a personal or professional recommendation or investment advice or create a business or professional services relationship. Unless separately and expressly agreed, we neither provide investment advice to, nor receive and transmit orders from, nor carry on any other investment services and activities (as defined in the European Union’s Markets in Financial Instruments Directive 2004/39/EC [MiFID], as amended) for you or any Website users.
Nothing contained in the Website constitutes tax, accounting, regulatory, legal, or investment advice.
Investment Risk Factors
Investments and strategies discussed in the Website may not be suitable for all investors and are not the obligations of the Company or its affiliates or guaranteed by the Company or its affiliates. The Company makes no representations that the contents and General Information contained in the Website are appropriate for use in all locations, or that the investment strategies, transactions, securities, products, instruments or investment management services discussed on the Website are available or appropriate in all jurisdictions or countries, or by all investors or counterparties.
Investment in any of the funds and/or strategies described on the Website carries substantial risk, including the possible loss of principal. There is no guarantee that the investment objectives of the funds and/or strategies will be achieved and returns may vary significantly over time. Investment in the funds and/or strategies described on the Website is not suitable for all investors.
Past performance does not guarantee future results.
Fund offering documents contain risk warnings that are specific to each fund that may be described on the Website, which are available upon request and free of charge to eligible investors.
Investors should only invest in a fund or strategy once they have thoroughly reviewed the prospectus and or other offering document for the fund and carefully considered the relevant investment objectives, risks, charges and fees. Investors may wish to consult an independent financial advisor for personal and specific investment advice before investing.
Exchange rates may cause the value of non-dollar investments and the income arising from them to rise or fall. The levels and bases of and reliefs from taxation may change. Tax reliefs referred to, if any, are those currently available and their value depends on the circumstances of the individual investor. Investors should consult their own tax adviser in order to understand any applicable tax consequences.
Limitation on Liability
To the fullest extent provided by law, in no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to this Website, any content on or obtained by means of the Website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided to us by certain third parties, and is for information purposes only. The third-party content has been obtained from, or is based on, sources believed by us to be reliable, but is not guaranteed as to its accuracy or completeness. Third-party content is provided without obligation on our part and on the understanding that any person or entity who acts upon it or changes his, her or its investment position in reliance on it does so entirely at his, her or its own risk. The information on the Website and any third-party content is current only as at the date it is first posted and may no longer be true or complete when viewed by you. Additionally, the information on the Website may be changed or amended without prior notice, but we do not undertake any obligation to update the Website or any information contained herein.
Some statements and data representations contained in or incorporated by reference in the Website consist of forward-looking statements within the meaning of the Private Securities Litigation Reform Act, which relate to future economic or fund portfolio performance or projections and other financial comparative data. Forward-looking statements are subject to a variety of risks and uncertainties that could cause actual results to differ from the projected or intended result. Those risks and uncertainties include, among others, general economic and business conditions, regulatory initiatives and compliance with governmental regulations, advisory client preferences and various other matters, many of which are beyond our control. Because we cannot predict the future, what actually happens may be very different from what we expect in our forward-looking statements. Forward-looking statements are typically identified by words or phrases such as "trend," "potential," "opportunity," "believe," "comfortable," "expect," "anticipate," "current," "intention," "estimate," "position," "assume," "outlook," "continue," "remain," "maintain," "sustain," "seek," "achieve," and similar expressions, or future or conditional verbs such as "will," "would," "should," "could," "may" or similar expressions.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We do not make any representation as to the accuracy or completeness of such websites or information, have not and will not review or update such websites or information, and expressly caution you that any use made of such websites or information is at your own risk. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Although we provide this Website for use by persons anywhere, we make no claims that the Website or any of its content is accessible or appropriate outside of the United States. If you access the Website from outside the United States, you are accessing the Website on your own initiative and are responsible for compliance with local laws.
It may be unlawful to access or download the information contained in a site in certain jurisdictions and (to the greatest extent permitted by law) we disclaim all responsibility if you access or download any information from the site in breach of any law or regulation of the jurisdiction in which you reside or are then present.
Information About You and Your Visits to the Website
Intellectual Property Rights and Trademarks
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Nothing on the Website, grants, or should be considered as granting, any license or right under any of our trademarks of or those of any third party.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, charts, graphs, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
The Company name, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses [or screen names] associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIM OR LOSS CLAIMED BY YOU OR ANY THIRD PARTY RELATING TO BUSINESS DECISIONS MADE BY YOU AS A RESULT OF YOUR USE OF ANY SITE OR CONTENT. THE INTERNET IS NOT A COMPLETELY RELIABLE TRANSMISSION MEDIUM, AND WE ARE NOT AND SHALL NOT BE LIABLE FOR ANY DATA TRANSMISSION ERRORS SUCH AS DATA LOSS, DAMAGE OR ALTERATION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Waiver and Severability
Limitation on Time to File Claims
SKY Harbor Capital Management, LLC (”Company,” “Us,” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you when you visit the website www.skyhcm.com (the “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
The Website does not collect personally identifiable information. The only way the Company can obtain personally identifiable information from you arising from your use of the Website is if you affirmatively contact the Company and provide us with your personally identifiable information.
This policy applies to information we collect on this Website. It does not apply to information collected (i) by us offline or through any other means, including on any other website operated by the Company or any third party (including our affiliates and subsidiaries); or (ii) any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website, including information:
- about your internet connection, the equipment you use to access our Website and usage details.
We collect this information:
- Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, and other tracking technologies.
Information You Provide to Us
The information we collect on or through our Website may include:
- Records and copies of your correspondence (including email addresses), if you contact us.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
- Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
- Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Website according to your individual interests.
- Speed up your searches.
- Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
- Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
- Web Beacons. Pages of our the Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
- To present our Website and its contents to you;
- To provide you with information or research; or
- To fulfill any other purpose for which you provide it (such as requesting further information about our services).
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
- To our subsidiaries and affiliates.
- For any other purpose disclosed by us when you provide the information.
We may also disclose personal information that you have provided to us:
- To comply with any court order, law, or legal process, including responding to any government or regulatory request.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of SKY Harbor Capital Management, LLC, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the information we collect. We have created mechanisms to provide you with the following control over your information: