HEALTHQUEST WEBSITE TERMS OF USE

                                          

TERMS OF USE

 

By accessing this website and any materials presented herein (the “Site”), you accept in their entirety and without modification the following terms and conditions (“Terms of Use”) pertaining to the use of the Site. HealthQuest Capital Management Company, LLC (“HealthQuest” or the “Firm”) reserves the right to change the terms, conditions and notices under which the Site is offered without notice at any time. Each use of the Site constitutes your agreement to be bound by the then-current terms and conditions set forth in these Terms of Use. If you do not agree with the Terms of Use, you are not granted permission to access or otherwise use the Site.

 

No Offer of Securities; No Advice

 

THE SITE AND THE INFORMATION INCLUDED HEREIN IS FOR GENERAL INFORMATION PURPOSES ONLY. UNDER NO CIRCUMSTANCES SHOULD ANY MATERIAL ON THE SITE BE USED OR CONSIDERED AS AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY ANY SECURITY, FUTURE OR OTHER FINANCIAL PRODUCT OR INSTRUMENT, INCLUDING ANY INTEREST IN ANY INVESTMENT FUND SPONSORED OR MANAGED BY HEALTHQUEST OR ANY OF ITS AFFILIATES OR ANY INVESTMENT ADVISORY SERVICES OFFERED BY HEALTHQUEST OR ITS AFFILIATES. ANY SUCH OFFER OR SOLICITATION CAN AND WILL BE MADE ONLY BY MEANS OF THE APPLICABLE CONFIDENTIAL OFFERING MEMORANDUM OF EACH SUCH INVESTMENT FUND OR OTHER APPLICABLE DOCUMENT, ONLY IN JURISDICTIONS IN WHICH SUCH AN OFFER WOULD BE LAWFUL AND ONLY TO INDIVIDUALS WHO MEET THE INVESTOR SUITABILITY AND SOPHISTICATION REQUIREMENTS AS DETERMINED FROM TIME TO TIME BY HEALTHQUEST IN ITS SOLE AND ABSOLUTE DISCRETION. An investment in any strategy, including the strategies described herein, involves a high degree of risk. There is no guarantee that the investment objective will be achieved. Past performance of these strategies is not necessarily indicative of future results. There is the possibility of loss and all investment involves risk including the loss of principal.

 

The Site is also not intended to provide any investment, financial, legal, regulatory, accounting, tax or similar advice, and nothing on the Site should be construed as a recommendation by HealthQuest, its affiliates or any third party, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction. You should consult your own investment, legal, tax and/or similar professionals regarding your specific situation and any specific decisions.

 

All materials on the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures, hedge clauses, and any copyright or proprietary notices, including those contained in these Terms of Use.

 

No Reliance; No Warranty

 

While HealthQuest uses reasonable efforts to update the information contained on the Site, HealthQuest makes no representations or warranties as to the accuracy, reliability or completeness of any information on the Site. Any content of the Site is subject to change without notice. Neither the Site, nor any information presented on the Site, is intended as a recommendation to purchase or sell any commodity or security. HealthQuest has no obligation to update, modify or amend this Site or to otherwise notify a user thereof in the event that any matter stated herein, or any opinion, projection, forecast or estimate set forth herein, changes or subsequently becomes inaccurate.

 

Ownership

 

HealthQuest owns and maintains the Site. Except as specifically permitted below, nothing contained in these Terms of Use or the Site itself either grants or will be construed to grant to you or any third party, by implication, estoppel or otherwise, any title or interest in, or any license or right to use or reproduce, any image, text, software, code, trademark, logo or service mark contained in the Site, including without limitation the name or logo of HealthQuest, any of its affiliates and/or any other entity described on the Site. No act of downloading or otherwise copying from the Site will transfer title to any software or material to any user hereof. HealthQuest reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to copyright and trademark ownership of all material contained in the Site.

 

Third Party Websites

 

HealthQuest is responsible only for the content of this Site and it has no control over other websites that may be accessible from this Site, the contents therein or the products/services offered thereby. Hyperlinks to or from this Site do not constitute third party endorsement of, sponsorship by or affiliation with HealthQuest.

 

Click-Through Consent To Electronic Delivery Of Schedule K-1

 

By clicking on the “Accept” button, I, as a partner or authorized representative of a partner of an investment fund (a “Fund”) affiliated with HealthQuest Capital Management Company, LLC (“HealthQuest”) do hereby affirmatively consent to receive my Schedules K-1 for 2016 and all future years in an electronic format effective as of today (the “Consent Date”) until I notify HealthQuest or the Fund that I do not wish to receive my Schedules K-1 in electronic format as provided below. I acknowledge and agree that HealthQuest has provided and I have received this consent (the “Consent”). Accordingly, I agree to the following:

 

1. How to Access Schedule K-1 Electronically.  I understand that my Schedule K-1 will be accessible at [http://healthquestcapital.hosted.investorbridge.com].

 

2. Paper Statement.  My Schedule K-1 will be furnished on paper if I do not consent to receive my Schedule K-1 electronically by accepting this Consent. However, please note that failure to accept this Consent will result in the suspension of your access to all Fund documents via this website (the “Site”). If you wish to continue accessing this Site for documents other than your Schedule K-1, please click on the “Accept” button and then withdraw your Consent in accordance with Paragraph 5 below.

 

3. Scope and Duration.  This Consent will apply to all Schedules K-1, including but not limited to any amended Schedules K-1, that the Fund will provide to me on or after the Consent Date until this Consent is withdrawn as provided in Paragraph 5 below.

 

4. Post-Consent Request for a Paper Statement.  To obtain a paper copy of my Schedule K-1, I will contact Manfred Yu, Chief Financial Officer, at 1301 Shoreway Road, Suite 350, Belmont, CA 94002 (email: manfred@hqcap.com with a copy to finance@hqcap.com). My request for a paper copy of my Schedule K-1 will not be treated as a withdrawal of this Consent and I will receive all future Schedules K-1 in electronic format.

 

5. Withdrawal of Consent.  I may withdraw this Consent by writing (electronically or on paper) to HealthQuest at 1301 Shoreway Road, Suite 350, Belmont, CA 94002, Attn: Manfred Yu, Chief Financial Officer (email: manfred@hqcap.com with a copy to finance@hqcap.com). Please include the name of the Fund for which you are withdrawing your Consent. A withdrawal under this Paragraph 5 will take effect on the date the withdrawal is received by HealthQuest or on a subsequent date determined by HealthQuest and communicated to me within a reasonable period of time after HealthQuest receives the withdrawal notice. I will be provided with a confirmation of a withdrawal under this Paragraph 5 in writing by HealthQuest. A withdrawal of this Consent does not apply to a Schedule K-1 that was furnished electronically before the date on which such withdrawal takes effect.

 

6. Notice of Termination.  The Fund will cease to furnish my Schedule K-1 electronically upon 30 days written notice by HealthQuest or the Fund.

 

7. Contact Information.  If my contact information changes, I will provide updated information in writing (either on paper or electronically) to HealthQuest at 1301 Shoreway Road, Suite 350, Belmont, CA 94002, Attn: Manfred Yu, Chief Financial Officer (email: manfred@hqcap.com with a copy to finance@hqcap.com). HealthQuest will inform me via email of any change of its contact information.

 

8. Hardware and Software Requirements to Access, Print and Retain Schedule K-1.  I understand that to access electronically my Schedules K-1, I will need a computer with Internet access that supports the use of the current version of Microsoft Internet Explorer, Adobe Acrobat Reader or similar software to read a Portable Document Format file and a monitor to display such files. Further, I understand that I will need access to a printer that is capable of printing information displayed on my monitor, or the ability to save or download files on a storage device for later reference, in order to keep copies of my Schedules K-1 for my records.

 

9. Access Period.  I understand that the electronic format of Schedule K-1 may not be available for download after twelve months following the end of the Fund’s tax year to which such Schedule K-1 relates or six months after the date of issuance of such Schedule K-1, whichever is later. I acknowledge that my Schedule K-1 may be required to be printed and attached to a Federal, State or local income tax return.

I Disagree