Terms of Use

THE FOLLOWING ARE THE TERMS OF USE FOR THE PASSWORD-PROTECTED PORTIONS OF THE THIRD EYE CAPITAL SITE (www.thirdeyecapital.com) (THE "SITE"). YOUR ACCESS TO THE SITE IS CONDITIONED UPON AND SUBJECT TO YOUR AGREEMENT TO THESE TERMS OF USE. BY CLICKING ON THE LINK BELOW LABELED "I AGREE" YOU WILL BE ACKNOWLEDGING THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO ADHERE TO EACH OF THEM, AND THAT YOU HAVE ENTERED INTO A BINDING CONTRACT (THE "AGREEMENT") WITH EACH OF THIRD EYE CAPITAL MANAGEMENT INC., THIRD EYE CAPITAL CORPORATION, THIRD EYE CAPITAL ABL OPPORTUNITIES SARL, AND THIRD EYE CAPITAL ABL OPPORTUNITIES FUND, AND EACH OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY, "THIRD EYE"), WHICH AGREEMENT IS MADE BY YOU FOR VALID AND SUFFICIENT CONSIDERATION AND IS ENFORCEABLE AGAINST YOU IN ACCORDANCE WITH ITS TERMS.

1. Reliance. This Site is being provided for your convenience. Password-protected access to the Site, if granted by us, will be granted in reliance upon your complete and unconditional assent to the terms of this Agreement and in reliance upon the representations and warranties made by you and submitted to us in the registration section of this Site. If you are granted password-protected access to this Site you agree to use this site solely in a manner conforming to applicable laws and regulations and in accordance with the other terms of this Agreement. 

2. Disclaimer. While Third Eye endeavors to provide information on this Site that is complete, accurate and timely, we make no guarantee as to such completeness, accuracy or timeliness. As this Site is provided solely for the convenience of investors and prospective investors and not as an offering or solicitation to buy or sell any security, or as a legally sufficient reporting mechanism, only materials received directly from Third Eye Capital ABL Opportunities SARL can be deemed complete, accurate and timely for the purposes of any offering or solicitation to buy or sell any security or any legally sufficient reporting in respect of any security, any fund, of the managing general partner, of the advisor, or of any material matter relating to any of the foregoing. Accordingly, THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED AND WITHOUT ANY REPRESENTATION AS TO THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIAL CONTAINED HEFREIN. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THIRD EYE DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY. THIRD EYE DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THIS SITE. THIRD EYE DOES NOT REPRESENT OR WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS OR DEFECTS ON THE SITE WILL BE CORRECTED, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL CODE OR "BACK DOORS." 

3. Site for Information Purposes Only. The information provided on this Site is provided for informational purposes only. This Site is not intended to provide any investment, tax, legal, or other commercial advice, and nothing on this Site should be construed as a recommendation, by us or any third party, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction. No information contained on this Site constitutes an offer, or a solicitation to buy or sell any security. 

4. Disclaimer of Liability; Indemnity. THIRD EYE EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS AND OMISSIONS IN THESE MATERIALS AND FOR THE USE OR INTERPRETATION BY OTHERS OF INFORMATION CONTAINED ON THE SITE. THIRD EYE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION MADE AVAILABLE TO OR BY YOU VIA THIS SITE. NEITHER THIRD EYE, NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS OR EMPLOYEES, NOR ANY THIRD PARTY VENDOR RETAINED BY THIRD EYE WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS SITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS SITE OR THE DATA CONTAINED THEREIN AVAILABLE TO YOU, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE OR THESE MATERIALS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF THIRD EYE OR OF ANY VENDOR PROVIDING SOFTWARE OR SUPPORT SERVICES FOR THIS SITE. IN NO EVENT WILL THIRD EYE, ITS AFFILIATES OR ANY SUCH PARTIES BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, EVEN IF THIRD EYE OR ANY OTHER PARTY HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. DECISIONS BASED ON INFORMATION CONTAINED ON THIS SITE ARE THE SOLE RESPONSIBILITY OF THE USER, AND IN EXCHANGE FOR USING THIS SITE, THE USER AGREES TO HOLD THIRD EYE HARMLESS AGAINST ANY CLAIMS FOR DAMAGES ARISING FROM ANY DECISIONS THAT THE USER MAKES BASED ON SUCH INFORMATION. 

5. Restrictions on Use of Materials. This Site is owned and operated by Third Eye. All information contained on the password-protected portions of the Site is confidential and intended solely for persons who obtain a user ID and password to use this Site. Any person who obtains such user ID and password will be granted a limited license to navigate and view the contents of this Site for informational purposes and not for any commercial use. The license to use this site, if granted, is revocable at any time in our sole discretion. Any commercial or public use of this Site or any portion hereof is strictly prohibited. Except as otherwise permitted in writing by Third Eye, no text, graphics, video, audio, software code, user interface design, logos or any other content of this Site may be used, modified, framed, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on this Site for use in connection with an investment in the Fund only if you preserve and retain all copyright and other proprietary notices contained on the materials. Downloading material from this Site does not transfer to you any title to such material. Third Eye neither warrants nor represents that your use of materials displayed on this Site or links will not infringe rights of the third parties not owned by or affiliated with Third Eye. You may not use this Site in any manner that could damage or overburden any Third Eye server or any network connected to any Third Eye server or that could interfere with any other person's use of the Site. 

6. Securities Laws. Some of the password-protected material contained on this Site pertains to an investment opportunity in Third Eye Capital ABL Opportunities Fund (the "Fund"). The issue and sale of shares of the Fund is restricted to investors who qualify as "well-informed investors" as defined in Article 2 of the Luxembourg Law of February 13, 2007 on specialized investment funds. The offering of interests in the Fund has not been registered with the United States Securities and Exchange Commission (the "SEC") because the Fund is exempt from this requirement. This exemption is dependent, among other things, upon interests being offered to prospective investors meeting certain qualification criteria. In order to have password-protected access to this Site you must satisfy the criteria for both an "accredited investor" as defined in Rule 501(a) of Regulation D promulgated by the SEC pursuant to the Securities Act of 1933 (as amended) and the criteria for a "qualified purchaser" for the purposes of Section 3(c)7 of the Investment Company Act of 1940 (as amended, the "'40 Act") and as such term is defined in Section 2(a)51 of the '40 Act. Applicants for the purchase of interests in the Fund will be required to be non-U.S. Persons or U.S. Persons that meet the foregoing criteria. The representations and warranties made by you on the registration page of this Site and submitted to us will be used to determine whether you satisfy the criteria set forth herein. 

7. Privacy. The information obtained by us from you during the registration process is intended to determine your suitability as an investor and your qualification to receive a user ID and password for this Site. Such information will be retained by us in order to correlate it to your use of the Site and for our records in respect of your status as a prospective investor or investor. We will not disclose this information to any third party unless required to do so by law. 

8. Password-Protected Pages. Some areas of this Site are available only through the use of a user ID and password issued by Third Eye. You agree to request user IDs and passwords only for yourself and for those persons authorized by you to access this Site. You also represent to Third Eye that you, and any person designated by you as authorized to access the Site, are duly authorized to accept these Terms of Use on behalf of your organization. By accepting a user ID and password, you agree to provide true, accurate, current, and complete information about yourself and any of your authorized persons on the registration page for a user ID and password, and Third Eye is entitled to rely on any such information. You also agree not to distribute your user ID and password to any other person. If you are using an area of this Site that requires a user ID and password, you must log off when you are done viewing information or anytime you leave your computer. You agree to notify Third Eye if a user ID or password needs to be terminated; for example, due to a user's departure from the company or change in job role. Finally, you must keep any correspondence you receive relating to this Site (including, but not limited to, your user ID, your password, other registration information, e-mails, or any other information) confidential and in a safe place. 

9. Confidentiality. This entire Site constitutes the confidential proprietary information of Third Eye, except to the extent that any of it is finally adjudicated by a court of law to be in the public domain. By entering into this Agreement you agree to maintain the confidentiality of this Site and the information contained on any page hereof and in whatever form (collectively, the "Confidential Information) by not disclosing any of the same to any person outside your organization, provided, that the definition of Confidential Information shall not include any information that is: (a) generally available in the public domain, (b) disclosed to you by an independent source not subject to any confidentiality obligation to Third Eye, (c) already known to you prior to the date of this Agreement, or (d) disclosed pursuant to a court order. 

10. Submissions. Email submitted through this Site should be considered neither secure nor confidential. Third Eye makes no representation whatsoever concerning the security or confidentiality of your email messages and specifically makes no representation that any email message submitted through this Site will be received by Third Eye. Any communications or material you transmit to this Site by electronic mail or otherwise, including data, questions, comments, or suggestions will be treated as non-confidential and nonproprietary and will become the property of Third Eye or its affiliates. Such communications or material may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Third Eye is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Site for any purpose whatsoever, including, but not limited to, developing and marketing products using such information. 

11. Trademarks and Copyrights. Third Eye owns and operates this Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Site without the written permission of Third Eye or the third party that may own the trademarks displayed on this Site. Your use of the trademarks displayed on this Site, except as provided herein, is strictly prohibited. Images displayed on this Site are either the property of, or used with permission by, Third Eye. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications or other regulations or statutes. If you download any information or software from this Site, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information. 

12. Applicable Law and Venue; Integration. This Site is controlled by Third Eye Capital Management Inc. from its offices within the Province of Ontario, Canada. By accessing this Site, both you and Third Eye agree that the statutes and laws of the Province of Ontario, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Site. If you take legal action relating to these terms, you agree to file such action only in the courts of the Province of Ontario, and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any such action. If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of the remaining provisions. The preceding Terms of Use set forth herein constitute the entire agreement between Third Eye and the user relating to the subject matter herein. 

13. Changes to Terms of Use. Third Eye reserves the right, at our discretion, to amend, change, modify, add, or remove portions of these Terms of Use at any time and without notice by updating this posting. Accordingly you should check these Terms of Use for changes from time to time. If you use this Site after we post changes to the Terms of Use, you accept the terms as changed. If you do not agree to these terms as changed, you are not granted permission to use this Site. 

14. Notice. Third Eye may give notice at any time of its revocation of the user's access to this Site. Such notice (if any) will be sent to the address specified by the user in its registration page submission. Any notice delivered by a user to Third Eye shall be submitted by email to us here

If you agree to the foregoing Terms of Use and intend to be legally bound by this Agreement please click on the link below entitled "I Agree". Otherwise please decline where indicated. If your user qualifications are satisfactory and your access to the Site is approved you will receive your user ID and password by email within one business day.

Thank you for your time.