Privacy Policy | Traded Policy Desk

Disclaimers

Role of Traded Policy Desk plc

Traded Policy Desk does not provide investment advice.

The return on this investment can go down as well as up dependent on the actual maturity date (i.e. the date on which the insured under the life insurance policy dies).  The expected maturity date is determined based on a life expectancy analysis conducted by an independent third party medical underwriter.  However, such medical underwriter does not guarantee to the Traded Policy Desk or to any investor that the insured under the subject life insurance policy will die on or before the expiration of the life expectancy period set forth in the underwriter’s life expectancy report.

The information in this material does not constitute an offer or solicitation in any jurisdiction in which such an offer or solicitation is not authorised or to any person to whom it is unlawful to make such an offer or solicitation. Persons interested in acquiring any investment should inform themselves as to: (i) the legal requirements within the countries of their nationality, residence, ordinary residence or domicile for such acquisition; (ii) any foreign exchange control requirement which they might encounter on the acquisition or sale of investments; and (iii) the income tax and other tax consequences which might be relevant to the acquisition, holding or disposal of any investment.

This material does not constitute an offer of securities to the members of the Public in the Cayman Islands.  “Public” for these purposes does not include a sophisticated person, a high net worth person, a company, partnership or trust of which the shareholders, unit holders or limited partners are each a sophisticated person, a high net worth person any exempted or ordinary non-resident company registered under the Companies Law (2007 Revision) or a foreign company registered pursuant to Part IX of the Companies Law (2007 Revision) or any such company acting as general partner of a partnership registered pursuant to the provisions of the Exempted Limited Partnership Law (2007 Revision) or any director or officer of the same acting in such capacity or the Trustee of any trust registered or capable of registering pursuant to the provisions of the Trusts Law (2007 Revision).

In fulfilling its services the Traded Policy Desk is considered to be carrying on securities investment business in accordance with The Securities Investment Business Law (as Revised) of the Cayman Islands (the “SIBL Law”).  However as the Traded Policy Desk carries on securities investment business exclusively for sophisticated persons it does not require a license under the SIBL Law but it has instead filed with the Cayman Island Monetary Authority, a declaration form declaring that the Traded Policy Desk carries on securities investment business exclusively for sophisticated persons and accordingly the Traded Policy Desk is exempted from the requirement to obtain a license under the SIBL Law and is not subject to regulation by the Cayman Islands Monetary Authority.

United States of America:

This website does not constitute, and should not be construed as, an offer or sale of securities within the meaning of the U.S. Securities Act of 1933, as amended (the “Securities Act”).  No public offering of securities is being made through the Traded Policy Desk, and the Traded Policy Desk is intended for, and will only be made available to, “U.S. persons,” as that term is defined in Rule 902 of Regulation S under the Securities Act, who are “Accredited Investors,” as that term is defined in Rule 501 under Regulation D under the Securities Act, and who are introduced to Traded Policy Desk via a licensed Broker Dealer.

The Traded Policy Desk is not registered as an investment adviser under the U.S. Investment Advisers Act of 1940, as amended (the “Advisers Act”), or as a broker-dealer under the U.S. Securities Exchange Act of 1934, as amended (the “Exchange Act”).  Accordingly, potential investors are not afforded the protections provided by the Advisers Act and the Exchange Act.

Other jurisdictions:

The information in this material is not directed at any person in any jurisdiction where it is unlawful to access and use such information, including, without limitation, any state within the United States where the applicable state securities laws prohibit or restrict offerings of securities without the filing and/or approval of a registration statement or similar filing or approval of a prospectus.

Nothing contained in this material constitutes investment, legal, tax or other advice, nor is anything in this material a recommendation to invest in Life Settlement policies. The information is provided solely on the basis that you make your own investment decisions.

Accuracy of Information:

The directors of the Traded Policy Desk accept responsibility for the information contained in this material.  To the best of the knowledge and belief of the directors (who have taken all reasonable care to ensure that such is the case) the information contained in this material is in accordance with the facts and does not omit anything likely to affect the import of such information.  The directors accept responsibility accordingly.  This material is accurate as of its date and no representation or warranty is made as to its continued accuracy after such date.
Information contained herein is based on the beliefs of the directors of the Traded Policy Desk, as well as assumptions made by, and information currently available to, the Traded Policy Desk.  When used in this material, the words “anticipate”, “believe”, “estimate”, “intend”, and words or phrases of similar import, are intended to identify forward-looking statements.  Such statements reflect the current risks, uncertainties, and assumptions related to certain factors including, without limitation, competitive factors, general economic conditions, market conditions, one-time events, and other factors described herein, particularly in the section entitled “certain risk factors”.  Based upon changing conditions, should any one or more of these risks or uncertainties materialize or should an underlying assumption prove incorrect, actual results may vary materially from those described herein as anticipated, believed, estimated, expected or intended.  The delivery of this material does not imply that the information set forth herein is correct subsequent to the date of this material.  The Traded Policy Desk does not intend to update these forward-looking statements.

By using this website, tradedpolicydesk.com (the “Website”), you are knowingly and willingly agreeing to be bound by these Terms of Use and understand that these Terms of Use shall constitute a binding and enforceable contract between you and Traded Policy Desk plc (“Trading Desk”). These “Terms of Use” set forth the terms and conditions under which you may access and use the Website. If you do not agree to these Terms of Use, you may not use this Website. By continuing to use the Website, you agree to the following terms and conditions, which govern your use of the Website, including your access to the pricing data provided via the Website. Unless the context requires otherwise, the terms “you” and “your” herein shall include you and your employer.

Modifications
Traded Policy Desk may, in its sole discretion and at any time, modify these Terms of Use, in whole or in part, by posting such modifications on the Website. Your continued use of the Website following the posting of changes will operate as an acknowledgement of your acceptance of the then current Terms of Use. The Terms of Use will include the date Traded Policy Desk last updated the Terms of Use.

Use Of The Website
You agree and acknowledge that any application used on the Website and the pricing and other data and content, including, but not limited to, graphics, text, video, and the like which are posted on the Website from time to time, any third party content, other information provided on the Website and any derivative work of any of the foregoing (the “Website Content”), are the sole and exclusive intellectual property of Traded Policy Desk or is licensed by Traded Policy Desk for use on the Website and shall not be copied, adapted, translated, decompiled, reproduced, reverse engineered, disassembled, displayed, sold or otherwise distributed or modified without the express prior written consent of Traded Policy Desk. The Website is protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. Trading Desk hereby grants you a license to access and use the Website and the Website Content solely in accordance with the terms and conditions of these Terms of Use. You agree not to remove, obscure, or alter Traded Policy Desk’s, or any other copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the Website. Any rights not explicitly granted by Trading Desk in these Terms of Use are reserved.

You may not use the Website: (i) on behalf of any third party without Traded Policy Desk’s written consent; or (ii) in any manner that may impair, overburden, damage, disable or otherwise compromise (a) Traded Policy Desk’s services; (b) any other party’s use or enjoyment of Traded Policy Desk’s services; or (c) the security or proprietary nature of the Website or any Website Content.

Traded Policy Desk reserves the right to temporarily disable or permanently discontinue any and all functionality of the Website, including the provision of any and all Website Content, at any time without notice and with no liability to you. If you fail to comply with any provision of these Terms of Use, any rights granted to you herein will automatically terminate. In the event of such termination, you must immediately cease use of the Website.

Registration and Account Creation
As part of the registration and account creation process necessary to obtain access to certain portions of the Website, including those portions that provide purchasing functionality, you will need to suggest a username and a password. You will provide Traded Policy Desk with certain registration information, all of which must be accurate, truthful, and updated by you to be current and accurate. You shall not: (i) use a username that you know or believe may be already used by another person; (ii) use a username in which another person has rights without such person’s authorization; or (iii) suggest or use a username or password that Traded Policy Desk, in its sole discretion, deems offensive or inappropriate. Traded Policy Desk reserves the right to deny creation of your account based on Traded Policy Desk’s inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify Traded Policy Desk of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or login information. The use of your account by any individual under age eighteen (18) is strictly prohibited. You agree to maintain only one account with the Website at any time and certify that you currently have no other account(s) with the Website unless such multiple accounts are specifically approved in writing by Traded Policy Desk.

You are fully responsible for all usage and activity on your account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. Notwithstanding anything else herein, Traded Policy Desk reserves the right, in its sole discretion, to pursue any and all claims against you and/or any user of your account based on use of the Website.
If you are a registered user, you may log-in to your account by selecting the Advisor Login link, which will bring you to the log-in page of the Website. Your use of the Traded Policy Desk Application is governed by the Traded Policy Desk Agreement entered into by you to gain access to the Traded Policy Desk Application.

Proprietary Rights
You hereby acknowledge that, as between you, and Traded Policy Desk, Traded Policy Desk own all rights, title and interest in and to the Website and to any and all proprietary and confidential information contained therein or accessible or provided thereby including but not limited to information regarding transactions performed by you on the Website. The Website is protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

Disclaimer of Warranties and Limitation of Liability
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRADING DESK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Traded Policy Desk MAKES NO WARRANTY THAT (i) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS OBTAINED FROM THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD OR USE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THROUGH ANY APPLICATION THEREIN SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.Traded Policy Desk IS NOT PROVIDING INVESTMENT ADVICE. YOU AGREE TO USE THE WEBSITE AND ANY APPLICATIONS THEREIN AT YOUR OWN RISK AND TO EXERCISE YOUR INDEPENDENT JUDGMENT IN CONNECTION WITH DETERMINING THE SUITABILITY OF, AND WHETHER TO ENTER INTO, ANY TRANSACTIONS.
Traded Policy Desk INTENDS THAT THE WEBSITE WILL BE VIEWED BY U.S. PERSONS FOR INFORMATIONAL PURPOSES ONLY. THIS SHOULD NOT BE VIEWED AS A SOLICITATION OR OFFER OF SERVICES IN ANY JURISDICTION IN WHICH Traded Policy Desk IS NOT QUALIFIED TO DO BUSINESS. IT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. Traded Policy Desk DOES NOT REPRESENT THAT THE WEBSITE OR ANY USE THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY GEOGRAPHICAL LOCATION. ANY ENTITY CHOOSING TO USE THE WEBSITE IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL Traded Policy Desk, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, ADVISORS, LICENSORS, LICENSEES OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE ON INFORMATION OBTAINED ON THE WEBSITE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR ELECTRONIC MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THIS PROVISION WILL APPLY WHETHER OR NOT TRADING DESK IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL WEBSITE CONTENT, OR SERVICES THAT MAY BE AVAILABLE FROM TIME TO TIME FROM Traded Policy Desk OR ITS SUBSIDIARIES AND AFFILIATES. NOTWITHSTANDING THE FOREGOING, ANY LIABILITY RESULTING FROM YOUR USE OF THE WEBSITE SHALL BE LIMITED TO ONE HUNDRED DOLLARS, IN THE AGGREGATE FOR ALL CLAIMS AGAINST TRADING DESK AND Traded Policy Desk INDEMNITIES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In any event, the foregoing limitations shall apply to the greatest extent permitted by law.

Indemnity
You agree to defend, indemnify and hold harmless Traded Policy Desk, its subsidiaries, affiliates, partners, employees, officers, directors, agents, licensors, licensees or content providers (the “Traded Policy Desk Indemnities”) from any claims, losses, damages, expenses, suits, judgments, demands, and costs and attorneys’ fees, of every kind and nature arising out of or relating in any way to your use of the Website or your violation of these Terms of Use.

No Solicitation
You expressly understand and agree that Traded Policy Desk is not a broker, and does not act in any way as a broker in connection with these Terms of Use or any of the transactions. The decision as to whether to purchase at all, how much to purchase and when to purchase are solely and exclusively made by you, and/or you in consultation with your advisors and/or broker(s).

Third Party Links
The Website may contain hyperlinks ("Links") to other websites, or advertising or sponsorships operated by or referring to third parties and their goods and services ("Advertising"). Links and Advertising may be made available to assist you, the user, in your use of the Website. Trading Desk does not control such Links or Advertising. Traded Policy Desk MAKES NO REPRESENTATION OR WARRANTIES CONCERNING SUCH THIRD PARTY WEBSITES OR RESOURCES AND IS NOT RESPONSIBLE FOR THE CONTENT OR OPERATION OF SUCH THIRD PARTY WEBSITES OR RESOURCES, AND SHALL HAVE NO LIABILITY IN CONNECTION WITH THEM. Inclusion of such Links or Advertising does not imply any endorsement by Traded Policy Desk, including but not limited to opinions, statements, information, individuals or entities referred to on such Links or Advertising or any association with their operators. You are solely responsible for any charges or obligations that you may incur in your dealings with such linked site operators or advertisers. Linked sites or other web sites may also have a Link to this Website; Traded Policy Desk is not, and you agree that Traded Policy Desk is not, responsible for the content of any such web Website or the actions of any operator of any such website.

Warning Against Hackers
It is possible that other users or unauthorized "hackers" may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such materials. It may also be possible for other users or "hackers" to obtain personal information about you. By using the Website, you assume the risk of such occurrences.

Miscellaneous Terms
(a) Governing Law. By accessing the Website, you agree that the laws of the State of New York, without regard to principles or conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Traded Policy Desk or its affiliates. In addition, you agree to submit to the jurisdiction of the courts of the State of New York, and that any action pursued concerning these Terms of Use or your use of the Website shall be within the exclusive jurisdiction of the courts of the State of New York.
(b) Construction. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.
(c) No Waiver. The failure by either you or Traded Policy Desk to exercise or enforce any rights or provisions of these Terms of Use shall not constitute a waiver of such right or provision or any other provision of these Terms of Use.
(d) Survival. All provisions in these Terms of Use regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Terms of Use.
(e) Claims. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms of Use must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
(f) Headings. The headings hereof are descriptive only and not to be used in interpreting the provisions of these Terms of Use.

ContactingTradingDesk
You may contact us if you any questions about the Terms of Use, the practices of this Website, or your dealings with the Website by sending an e-mail to info@tradedpolicydesk.com.

These Terms of Use were last updated on 17 November 2009.