OASIS takes your Privacy Seriously
The next step is to create a personalized username and password. These credentials ensure that your personal information is kept strictly confidential.
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Are you an accredited investor/Qualified Eligible Person (QEP)? Federal law prohibits certain individuals to make select investments without attaining certain levels of income.
Your individual or joint net worth with your spouse exceeds US$1,000,000.
Your individual income is more than US$200,000; or joint income with your spouse is more than US$300,000 in each of the two most recent years, and expect to have the same level of income this year.
None of the above.
What type of institution do you represent?
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OASIS LIVE END USER AGREEMENT
This Agreement supplements and does not replace any other agreement you may have with RJO. Nothing in this Agreement alters or modifies the terms of any other agreement between you and RJO. In the event that there is a conflict between this Agreement and any other agreement between you and RJO, this Agreement shall prevail. All transactions using the Service shall be subject to the applicable agreements between you and RJO.
1. Right of Use. The Service is a proprietary service offered by RJO. The Service is licensed and not sold. RJO hereby grants you a non-exclusive, non-sublicensable, non-transferable, revocable, limited term license to use, access and benefit from the Service solely for your own internal business purposes in accordance with this Agreement.
Under no circumstance are you entitled to sublicense, assign, rent, lease, provide or transfer use of any portion of the Service to another third party or allow another third party to use the Service without RJO’s written consent, which may be withheld in its sole discretion. The license granted herein is subject to and contingent upon you satisfying each of the requirements set forth in this Agreement and all other agreements with RJO. RJO shall have sole and complete control over, and reserves the right at any time to make changes to, the configuration, appearance and content of the Service
2. Access. You agree not to disclose any username, password, access device, access code or other security measures (“Access Methods”) to the Service to any unauthorized third party. You shall not provide the Access Methods to any unauthorized user. You accept responsibility for monitoring of your account and shall take all reasonable steps to prevent unauthorized access to the technology that facilitates your access to the Service.
IF APPLICABLE, YOU ALSO HEREBY GRANT ACCESS TO THE SERVICE TO ANY BROKER(S) THAT IS/ARE ASSOCIATED WITH YOUR INVESTMENT(S) IN A SERIES OF AN OASIS FUND (“OASIS INVESTMENT”) AS LISTED IN YOUR OASIS INVESTMENT SUBSCRIPTION DOCUMENTS. ALL DATA, INCLUDING BUT NOT LIMITED TO, TRADING PERFORMANCE DATA OF YOUR OASIS INVESTMENT(S) AND DATA DERIVED FROM THE SAME (COLLECTIVELY “TRADING PERFORMANCE DATA”) THAT IS MADE AVAILABLE TO YOU VIA THE SERVICE WILL ALSO BE MADE AVAILABLE TO SUCH BROKER(S). SHOULD YOU WISH TO TERMINATE SUCH BROKER(S)’ACCESS TO THE SERVICE AND YOUR TRADING PERFORMANCE DATA, YOU AGREE TO CONTACT RJO IN WRITING WITH SUCH REQUEST.
3. Intellectual Property. Any software, files or data used or provided to you in connection with the Service, including without limitation any files, patches, updates, manuals, documentation, schematic, source code, object code, applets, in-browser applications, derivative works based on any of the foregoing, or any other similar correlated files or software are the sole and exclusive property of RJO. As between you and RJO, you acknowledge and agree that RJO has exclusive ownership of, and title to, all RJO copyrights, trademarks, service marks, patent rights, trade secrets and/or intellectual property rights in the Service and any information or content therein ("RJO IP"). You shall not permit any third party to copy, modify, alter, print, list, de-compile, disassemble or otherwise seek to reverse engineer the Service whether in whole or in part or to attach, integrate with, or repackage access to the Service or otherwise connect the Service to any hardware or software without RJO's prior written consent, which may be given or withheld in its sole discretion. You may not sell, lease, or provide, directly or indirectly, any portion of the Service to any third party except as permitted by this Agreement. You receive no copyright, intellectual property rights or other rights in Service except those specifically set forth in this Agreement and shall not assert, claim any interest in, seek to register directly or indirectly, or take any action that may adversely affect the validity of any RJO IP or other notices of proprietary rights of RJO including, without limitation, any act that may infringe, lead to the infringement or dilute the distinctiveness of any RJO IP or other notices of proprietary rights of RJO. You will promptly notify RJO in writing if you become aware of any violation or threatened infringement of RJO's proprietary rights in the Service. Your use of the Service may be monitored by RJO and the resultant information may be used by RJO for internal purposes.
4. Disclaimer of Warranties. THE SERVICE IS PROVIDED "AS IS" AND RJO MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. RJO MAKES NO REPRESENATIONS OR WARRANTIES REGARDING THE SERVICES PROVIDED BY ANY THIRD PARTIES WHO MAY PROVIDE CONTENT OR OFFER OTHER SERVICES. RJODOES NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE WILL MEET ANY PARTICULAR CRITERIA OR PERFORMANCE OR QUALITY. RJO EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, COMPATILBILITY, SECURITY OR ACCURACY. RJO DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS OR WARRATIES WHATSOEVER WITH RESPECT TO THE CORRECTNESS, SEQUENCE, ACCURACY, AVAILABILITY, TIMELINESS OR COMPLETENESS OF SERVICE OR ANY PERFORMANCE RESULTS OR DERIVED DATA OR ANY OTHER INFORMATION FURNISHED HEREUNDER.
5. Limitation on Liability. Neither RJO, nor any of their respective directors, officers, employees, agents or affiliates shall have any liability for any of the following: (a) a failure, malfunction, delay, or interruption of service in any hardware or software; (b) a failure, malfunction, delay, or interruption of telecommunications service; (c) a delay in the distribution of data or information by means of Service; (d) system access issues, system capacity issues; (e) security breaches or unauthorized access beyond the reasonable control of RJO; and/or (f) errors made by the Service. You acknowledge that from time to time, and for any reason, the Service may not be operational or otherwise available for use due to servicing, hardware malfunction, software defect, service or transmission interruption or other cause, and you agree to hold RJO and its directors, officers, employees, agents, contractors, affiliates, facilities, and information providers harmless from liability or any damage which results from the unavailability of the Service.
UNDER NO CIRCUMSTANCES SHALL RJO OR ANYONE ELSE INVOLVED IN CREATING PRODUCING, DELIVERING OR MANAGING THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR OTHER ALLEGED BREACH OF WARRANTY OR ACTION BROUGHT IN CONTRACT, TORT OR STRICT LIABILITY OR UNDER ANY OTHER THEORY OF LIABILITY FROM ANY ALLEGED BUG, DEFECT OR DEFICIENCY IN THE PERFORMANCE OR OPERATION OF, OR INABILITY TO USE, THE SERVICE EVEN IF RJO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS AGREEMENT DEFINES YOUR SOLE AND EXCLUSIVE REMEDY. YOU HEREBY ACKNOWLEDGE THAT ANY USE OF THE SERVICE IS AT YOUR SOLE RISK.
6. Covenants, Representations and Warranties. You agree that the provision of the Services is conditional upon your strict compliance with the terms of this Agreement and that RJO may, with or without notice and with or without cause, forthwith discontinue said Services whenever in its judgment there has been any default or breach by you of the provisions hereof. You hereby represent and warrant (which representations and warranties shall be deemed to be repeated by you upon each transaction that is entered into or through the Service) that: (i) you have all consents, rights, authority and have taken all actions necessary to enter into this Agreement and use the Service as set forth herein; (ii) you currently are, and will remain at all times through the term of this Agreement, in compliance with all Applicable Law and your use of the Service as contemplated by this Agreement does not violate any Applicable Law; (iii) the execution of this Agreement or use of the Service, performance of your rights or obligations hereunder, binds you; (iv) all documents and other information provided to RJO is true, correct and complete in all material respects; (v) you will not (and will not permit any third party) to copy, use, analyze, modify, decompile, disassemble, reverse engineer, translate or convert any software provided to you in connection with use of the Service or distribute the software or the Service to any third party.
If any of the above representations or warranties ceases to be true at any time, you will immediately notify RJO and RJO shall have the right to terminate your use of the Service upon such notice.
7. Indemnity. You agree to indemnify, defend and hold RJO and its and their respective principals, affiliates and agents (the “Indemnities”) harmless from and against all claims, demands, proceedings, suits, actions, losses (direct, indirect or otherwise), liabilities, costs and expenses (including attorney’s fees and disbursements), paid in settlement, incurred or suffered by the Indemnities arising from or relating to (i) your use of, reliance upon or inability to use the Service, (ii) any breach of the representation, warranty, covenant, procedure or other provision of this Agreement, (iii) the gross negligence or willful misconduct of you or anyone using your Access Methods, (iv) failure to maintain the security of Access Methods, or (iv) any violation of Applicable Law.
This indemnity provision shall survive termination of this Agreement.
8. Receipt of Trading Performance Data and Trading Level.
A. FOR OASIS INVESTMENTS - YOU ACKNOWLEDGE THAT THE TRADING PERFORMANCE DATE THAT IS PROVIDED THROUGH THE SERVICE IS ESTIMATED. THE TRADING PERFORMANCE DATA PROVIDED BY THE SERVICE DOES NOT REFLECT THE ACTUAL PERFORMANCE OF YOUR OASIS INVESTMENT(S). YOU SHALL NOT CONSIDER THE TRADING PERFORMANCE DATA TO BE REFLECTIVE OF THE ACTUAL PERFORMANCE, BALANCES, OR ANY OTHER DATA PERTAINING TO YOUR OASIS INVESTMENT(S). ONLY OFFICIAL ACCOUNT STATEMENTS THAT ARE PROVIDED TO YOU IN ACCORDANCE WITH RELEVANT REGULATIONS REFLECT THE ACTUAL PERFORMANCE OF YOUR OASIS INVESTMENT. YOU MUST ONLY RELY ON OFFICIAL ACCOUNT STATEMENTS AND THE OASIS PRIVATE PLACEMENT MEMORANDUM FOR ACTUAL PERFORMANCE NAD A DISCUSSION OF THE MATREIAL RISK ASSOCAITED WITH YOR OASIS INVESTMENT(S) AND YOU MUST NOT BASE ANY INVESTMENT DECISIONS ON THE TRADING PERFORMANCE DATA PRESENTED IN THE SERVICE.
B. FOR NON-OASIS INVESTMENTS - YOU ACKNOWLEDGE THAT ALL DATA, INCLUDING BUT NOT LIMITED TO TRADING PERFORMANCE DATA AND DATA DERIVED FROM THE SAME (COLLECTIVELY “TRADING PERFORMANCE DATA”) THAT IS PROVIDED THROUGH THE SERVICE IS ESTIMATED AND PROVIDED ON A GROSS BASIS. THE TRADING PERFORMANCE DATA PROVIDED BY THE SERVICE DOES NOT REFLECT ACTUAL PERFORMANCE OF ANY ACCOUNT(S) YOU MAY MAINTAIN AT RJO AND DOES NOT TAKE INTO ACCOUNT ANY FEES AND EXPENSES THAT ARE APPLICABLE TO YOUR ACCOUNT(S) OR ANY OTHER ACCOUNTS. YOU SHALL NOT CONSIDER THE TRADING PERFORMANCE DATA TO BE REFLECTIVE OF THE ACTUAL PERFORMANCE, BALANCES, OR ANY OTHER DATA PERTAINING TO ANY OF YOUR ACCOUNT(S). ONLY OFFICIAL ACCOUNT STATEMENTS THAT ARE PROVIDED TO YOU IN ACCORDANCE WITH RELEVANT REGULATIONS REFLECT YOUR ACTUAL PERFORMANCE. YOU MUST ONLY RELY ON OFFICIAL ACCOUNT STATEMENTS AND DISCLOSURE DOCUMENTS OF A COMMODITY TRADING ADVISOR OR COMMODITY POOL OPERATOR FOR ACTUAL PERFORMANCE AND MUST NOT BASE ANY INVESTMENT DECISIONS ON THE TRADING PERFORMANCE DATA PRESENTED VIA THE SERVICE.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU WILL BE RESPONSIBLE FOR UPDATING THE TRADING LEVEL TO THE APPROPRIATE AMOUNTS THAT MAY MORE ACCURATELY REFLECT ANY ACTUAL INVESTMENT YOU MAY MAINTAN AT RJO.
You shall use the Trading Performance Data only in the manner it is presented through Service and will not download, extract, redistribute, use or permit any third party to access or use such market data in any other system, service or for any other reason without RJO’s prior written consent, which may be withheld in RJO’s sole discretion. RJO is not responsible or liable if any such data or information is inaccurate or incomplete in any respect. Neither the Service nor the Trading Performance Data shall be to be construed as an endorsement, recommendation, investment advice or an offer or solicitation to buy or sell futures or other financial instruments of any kind, but solely as a resource to you.
9. Confidentiality. You shall maintain the confidentiality of any information supplied to (which shall include the Service), obtained or observed through the Service (collectively, “Confidential Information”). You further agree not to (a) transfer or disclose Confidential Information to any third party, (b) use Confidential Information except as contemplated under this Agreement, or (c) take any other action with respect to Confidential Information inconsistent with its confidential and proprietary nature. These obligations shall not apply to information or material of a party which (i) is, or becomes, known to the public other than through your wrongful act, or breach of this Agreement (ii) is rightfully received by you from a third party entitled to disclose it and which is not otherwise subject to this Agreement, (iii) is independently developed by you without reference to the Confidential Information, (iv) RJO consents in writing that the Confidential Information may be disclosed, or (v) is required to be disclosed by a valid order of a court or request of a governmental, regulatory or self-regulatory body or agency. You shall advise RJO immediately if you believe that any person has violated or intends to violate the terms of this Agreement, and will cooperate with RJO in regaining possession of the Confidential Information and seeking injunctive relief. This provision shall not in any way limit such other remedies as may be available at law or in equity. If you believe that it is required by Applicable Law to disclose Confidential Information, you shall to the extent lawfully permissible notify RJO in writing in advance of such disclosure, provide RJO with copies of any related information, and, as RJO may request, cooperate with RJO to take appropriate action to protect the Confidential Information by obtaining a protective order or securing other confidential treatment thereof.
10. Governing Law. This Agreement and any issue arising out of or relating to the parties’ relationship hereunder shall be governed by, and construed in accordance with, the laws of the State of Illinois, without regard to principles of conflicts of law. The parties hereby submit to the exclusive jurisdiction of the state and federal courts located in Cook County, Illinois and waive the defense of an inconvenient forum. Each party acknowledges that a breach of this Agreement, and the confidentiality obligations contained herein, may cause the other irreparable injury and damage which may be difficult to quantify. Therefore, injunctive relief may be sought in addition to any other rights and remedies which may be available to the party at law or in equity without a posting of a bond or other security or proving monetary damages. EACH PARTY IRREVOCABLE WAIVES THE RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT.
11. Entire Agreement and Amendments. This Agreement constitutes the entire agreement of the parties with respect to its subject matter and supersedes all existing and all other oral, written or other communications between the parties concerning this subject matter. You may not amend the terms of this Agreement. RJO may amend the terms of this Agreement upon notice to you (including by electronic delivery). By continued access to and use of the Service, you agree to any amendments to this Agreement.
12. Severability. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.
13. Assignment. You may not assign any of your rights in this Agreement without the prior written consent of RJO, which RJO may withhold in its sole discretion. This Agreement will be binding upon and will inure to the benefit of the parties and their respective successors and permitted assigns. Any assignment in violation of this provision shall be void ab initio.
14. Waiver. The failure of RJO to exercise or enforce any right conferred upon it by this Agreement shall not be deemed to be a waiver of any such right or operate so as to bar the exercise or enforcement thereof at any time or times thereafter. No waiver hereunder shall be effective unless agreed to pursuant to a writing signed by a duly authorized representative of RJO.
15. Termination. RJO may terminate this Agreement at any time. Upon termination, any license granted herein shall automatically terminate The termination of this Agreement shall not affect any provision of this Agreement which is expressly stated to or required to survive or operate in the event of termination of this Agreement. The rights and obligations of the parties under this Agreement will survive any termination with respect to any matter arising while this Agreement was still in effect.
16. Counterparts. This Agreement may be executed in counterparts, each of which shall be considered and original instrument, but all of which together shall be considered one and the same agreement, and shall become binding when counterparts have been signed by each of the parties hereto. Facsimile copies hereof shall be deemed originals.