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VIEWER/USER AGREES THAT USE OF THIS SITE AND ANY PRICING/DATA INFORMATION FROM THIS SITE OR OTHER OUTSIDE PRICING/DATA INFORMATION SERVICES RELATING TO THE INDICES (LISTED PRIVATE EQUITY INDEXSM, INTERNATIONAL LISTED PRIVATE EQUITY INDEXSM, GLOBAL LISTED PRIVATE EQUITY INDEXSM, AND THE PRODUCTS CONSTRUCTED AROUND THEM, (IN AGGREGATE CALLED THE “INFORMATION” or “Information”) IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE INFORMATION AND ANYTHING CONTAINED WITHIN THE INFORMATION, INCLUDING, BUT NOT LIMITED TO, CONTENT, PRICING, PRODUCTS, SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND THAT RED ROCKS CAPITAL LLC MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION OR ACCURACY OF THE PRICING/DATA/INDEX VALUES (HISTORICAL AND REAL TIME), INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

Red Rocks Capital LLC does not warrant that the Information is free of errors. You agree that Red Rocks Capital LLC shall have no responsibility or liability for:

(1) any injury or damages, whether caused by the negligence of Red Rocks Capital LLC, its parent, or their respective affiliates, Suppliers, agents, directors, officers, employees, representatives, general partner, subsidiaries, successors, and assigns, or otherwise arising in connection with the Information and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against Red Rocks Capital LLC; by any other party; or

(2) any fault, inaccuracy, omission, delay, or any other failure in the Information caused by our Suppliers of Index pricing, quotation and data services. Red Rocks Capital LLC is not responsible for the availability, content, or accuracy of other Web sites, services, or goods that may be linked to the Information. Red Rocks Capital LLC does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Information; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services or goods that may be linked to the Information; or (c) make any endorsement, express or implied, of any other Web sites, services or goods that may be linked to the Information.

You acknowledge that: (a) the Information is provided for information purposes only and is not intended for trading purposes; (b) the Information may include certain data taken from stock exchanges and other sources from around the world; (c) Red Rocks Capital does not guarantee the sequence, accuracy, completeness, or timeliness of the Information; (d) the provision of certain parts of the Information is subject to the terms and conditions of other agreements to which Red Rocks Capital LLC is a party; (e) none of the information contained on this site constitutes a solicitation, offer, opinion, or recommendation by Red Rocks Capital LLC to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment; and (f) the Information provided on this site is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation. Accordingly, anything to the contrary herein set forth notwithstanding, Red Rocks Capital LLC, its parent, and their respective affiliates, Suppliers, agents, directors, officers, employees, representatives, general partner, subsidiaries, successors, and assigns shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (i) inaccuracies or errors in or omissions from the Information including, but not limited to, quotes and financial data; (ii) delays, errors, or interruptions in the transmission or delivery of the Information; or (iii) loss or damage arising there from or occasioned thereby, or by any reason of nonperformance.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL RED ROCKS CAPITAL LLC, ITS PARENT, AND THEIR RESPECTIVE AFFILIATES, SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, GENERAL PARTNER, SUBSIDIARIES, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF RED ROCKS CAPITAL LLC HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE INFORMATION OR ANY LINKS OR ITEMS ON THE INFORMATION, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.