Terms of Use and Privacy

Website Terms of Use

This web site (“Site”) is owned by Black Maple Capital Management LP (“Black Maple Capital”). Use of this Site is subject to the Terms of Use set forth below.

Please read the following Terms of Use carefully each time you enter this Site. Each time you access or use this Site, you agree to be bound by these Terms of Use, as such may change from time to time in the sole discretion of Black Maple Capital. If you do not fully agree to these Terms of Use, you may not use this Site and must exit immediately. Black Maple Capital reserves the right to change these Terms of Use at any time and your continued use of this Site constitutes your acceptance of all such changes.

General Provisions

Black Maple Capital grants you a revocable, non-transferable and limited right to use the Site only for your own internal, personal, non-commercial informational purposes only and only in conformity with these Terms of Use.

All content provided on this Site is intended for informational purposes only and, unless specifically indicated otherwise, is provided on a generic basis with no application to or assessment of any specific prospective or current investor’s particular situation.

All materials found on this Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions or disclosures apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

The Site is not intended for access or use by any person or entity in any jurisdiction or country where such access or use would be contrary to applicable law, rule or regulation. Black Maple Capital makes no claim or representation that the Site or the content contained on the Site is appropriate for use outside of the United States or that such Site will be available outside of the United States. If you access the Site outside of the United States, you are responsible for compliance with applicable laws, rules and regulations and you access the Site solely at your own risk.

Proprietary Rights

All right, title and interest in this Site and any content contained herein is the exclusive property of Black Maple Capital, except as otherwise noted. You may print, copy and download any information or portion of this Site only for your personal use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use, in any other way for commercial or public purposes, in whole or in part any information, products or services obtained from this Site, except for the purposes expressly provided herein, without Black Maple Capital’s prior written approval. If you copy or download any information from this Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.

General Information

Content may be out of date. The information contained on this Site is subject to change without notice, and may not reflect the criteria currently employed by Black Maple Capital to evaluate investments or investment strategies. The information is presented solely with respect to the date noted and may be changed or updated at any time without notice (whether or not some other recipients of the information receive notice of such changes or updates to the information). Black Maple Capital undertakes no duty to update the Site on a regular basis or to provide updated information to any user.

Forward-looking statements. The information contained on this site may include statements that are not purely historical in nature but are “forward-looking statements.” These statements may include, among other things, projections, forecasts, estimates and views on the economy or markets. These forward-looking statements are based upon certain assumptions and are necessarily speculative in nature. The assumptions upon which forward-looking statements are based may not be stated herein. Actual events are difficult to predict, are beyond Black Maple Capital’s control, and may differ from those assumed. All forward-looking statements included are based on certain information available to Black Maple Capital on the date of this presentation and are subject to change without notice. Black Maple Capital does not assume any duty to update any forward-looking statement.

Limited operating history and Size. Black Maple Capital has a limited operating history, as do the investment funds that it manages. Therefore, existing and potential investors have a limited reference period for evaluating Black Maple Capital and the investment funds it manages. Further, the assets under management managed by Black Maple Capital are currently relatively small and the ability of Black Maple Capital to maintain its operations and to attract and retain talented employees will generally require that the level of assets under management increases within a reasonable period of time.

Not an offer. The information contained on this Site is provided to you for informational purposes only. This information does not and is not intended to constitute investment advice, nor does it constitute an offer to sell or a solicitation of an offer to buy any security, investment product, or service. Offers to sell, and solicitations of offers to buy, the securities issued by funds managed by Black Maple Capital will be made exclusively by the private offering memorandum (and related subscription materials) relating to such securities. Existing and potential investors should refer to the private offering memorandum (and related subscription materials) for such fund for important information related to the fund’s and Black Maple Capital’s organization, investment strategies, and history, as well as detailed risks of investing in such fund. Existing and potential investors should also review, among other things, the Form ADV Part II of Black Maple Capital. This Site contains only a high-level summary of Black Maple Capital. This Site is not intended to be used as the basis for investment decisions, nor should it be construed as advice designed to meet the particular needs of an individual investor.

Opportunity presents material risks. An investment in any fund is speculative and involves a high degree of risk. Past performance is not an indication of future performance and there can be no assurance that a fund’s investment objectives can or will be achieved. An investor should not invest in any such fund unless it is prepared to lose all or a substantial portion of its investment. Such fund may employ leverage, which, among other investment techniques, can make investment performance volatile and lead to higher risk. The fees/allocations and expenses of the fund are material and may offset all or a material portion of trading profits. Opportunities for redemptions and transferability of interests in such funds are restricted so investors may not have access to their capital if and when it is needed. There is no secondary market for an investor’s interest in such funds, and none is expected to develop. A substantial portion of the trades executed for such funds may take place on foreign exchanges.

No assurances of success; Limitations on data presented. No assurances can be made that any aims, assumptions,expectations, and/or objectives described on this Site would be realized or that the investment strategies described in this presentation would meet the objectives described. The information, opinions and analysis contained herein are based on sources believed to be reliable, but no representation, expressed or implied, is made as to its accuracy, completeness or correctness, and none of Black Maple Capital, the funds it manages, its affiliates, or any of the shareholders, partners, members, managers, directors, principals, personnel, trustees, or agents of the foregoing shall be liable for any errors in the information, beliefs, and/or opinions included in this presentation, or for the consequences of relying on such information, beliefs, or opinions. Nothing herein is intended to constitute legal, tax or investment advice from Black Maple Capital and prospective investors must consult their own professional advisors with respect to the advisability of any investment in a fund.

Any performance information presented on this Site, or accessible via this Site, is historical. Performance for individual investors in the Funds will vary, potentially materially, based on their share class in the applicable Fund, management fee and incentive allocation rates, participation in new issues, timing of investments and/or withdrawals and other factors.

Disclaimers and Limitations on Liability

Black Maple Capital does not warrant that this Site or the functions contained on this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components. Black Maple Capital does not warrant or make any representations regarding the use of or the result of the use of this Site or any material available on this Site in terms of correctness, accuracy, timeliness, reliability, or otherwise.

ALL INFORMATION AND CONTENT ON THIS SITE IS FURNISHED “AS IS” AND BLACK MAPLE CAPITAL EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT OF THE LAW, ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

Neither Black Maple Capital, nor any of its principals, partners, officers or employees 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, the data contained herein or the products or services offered on this Site available to you, or from any other cause relating to your access to, inability to access, or use of this Site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Black Maple Capital. In no event will Black Maple Capital or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, consequential or incidental damages or any other damages of any kind even if Black Maple Capital or any other such party has been advised of the possibility thereof.

This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect systems or equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure.

Some U.S. states and foreign countries provide rights in addition to those above or do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you, or there may be state provisions which supersede the above.

For your convenience, this Site may contain hyperlinks to Internet sites operated by other third parties. Black Maple Capital does not control the content or accuracy of any information on such sites and does not endorse the material placed on such sites. Black Maple Capital disclaims any liability for any third party’s web site content, products, privacy practices, policies, or security. If you access any third party website through the Site or otherwise, you do so at your own risk. Hyperlinks to or from the Site do not constitute third party endorsement of, sponsorship by or affiliation with us.

Applicable Law and Venue

These Terms of Use, your rights and obligations, and all actions contemplated hereunder shall be governed by the laws of the State of Wisconsin without regard to its conflict of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall be in an appropriate state or federal court located in the City of Milwaukee, Wisconsin and the parties unconditionally waive their respective rights to a jury trial. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or a portion thereof, to be unenforceable, that 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.

Privacy

Please refer to the Black Maple Capital Privacy Notice for information relating to the collection and use of non-public personal information.

Security

You may receive a password to access certain restricted areas of this Site. You are solely responsible for maintaining the confidentiality and security of your password and you accept full responsibility for any use of your password. Black Maple Capital has no obligation to inquire as to the authority or proprietary of any use of or action taken under your password. You should immediately notify Black Maple Capital of any actual or suspected loss, theft or unauthorized use of your password.

To enhance protection of your personal information and minimize security risks, Black Maple Capital recommends that you exit your browser after completing any online access through your password.

Black Maple Capital reserves the right to monitor use of this Site at any time.

You may not attempt to gain unauthorized access to this Site, or to any system or network associated with this Site, through hacking, password mining or other means.

If any provision of these Terms of Use is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction.


WEBSITE PRIVACY NOTICE

This notice (this "Privacy Notice") is provided by Black Maple Capital Management LP and its affiliates(together “Black Maple Capital” or “we” or “us”) and applies to the various private investment funds, vehicles and accounts (the “Funds”) to which or through which Black Maple Capital provides services. This Privacy Notice sets forth the policies of Black Maple Capital with respect to the collection, sharing and protection of non-public personal information of the Funds’ investors, prospective investors and former investors (collectively, “Investors” or “you” or “your”). These policies apply to individuals only and may be changed at any time, provided a notice of such change is given to you. Please read this Privacy Notice carefully to understand what we do.

We collect personal information, such as your address, social security number, assets, transaction and/or income information, for example, when you: (i) provide it to us in the Subscription Agreement and related documents; (ii) provide it to us in correspondence and conversations with the Funds representatives; or (iii) make transactions with the Funds, such as when you purchase securities from a Fund, tell us where to send money or make a wire transfer. We also may collect your personal information from other sources, such as affiliates.

We may disclose information about you to affiliates (i.e., financial and non-financial companies related by common ownership or control) or non-affiliates (i.e., financial or non-financial companies not related by common ownership or control) for our everyday business purposes, such as to process your transactions, maintain your account(s) or respond to court orders and legal investigations. Thus, it may be necessary, under anti-money laundering and similar laws, to disclose information about you in order to accept subscriptions. We will also release information about you if you direct us to do so. We do not share your information with non-affiliates for them to market to you. We may disclose your information for our own marketing purposes, such as to offer our products and services to you. We may also disclose information about your transactions and experiences with us to our affiliates for their everyday business purposes. You cannot limit these types of sharing.

We may also disclose information you provide to us to companies that perform marketing services on our behalf, such as any placement agent the Fund may retain. You cannot limit this type of sharing under federal law, but if such a disclosure is made, the Fund will require such third parties to treat your private information with confidentiality. We may also share information with our affiliates to market to you. You may prevent this type of sharing by calling us at 414-294-7777. If you are a new investor, we can begin sharing your information 30 days from the date we sent this Privacy Notice. When you are no longer our investor, we may continue to share your information as described in this Privacy Notice. However, you may contact us at any time to limit our sharing. If you limit sharing for an account you hold jointly with someone else, your choices will apply to everyone on your account. State laws may give you additional rights to limit sharing.

To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.

If you have any questions about this Privacy Notice, please call 414-294-7777.

A link to the Administrator is coming soon. Please refer to your statements during the interim period.