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Terms

Terms and Conditions of Website Use
Effective Date: [April 2009]

[NOTE: A conspicuous link to these Terms and Conditions must be included on the home page of the main site and preferably on all other pages of the sites as well for easy reference, as the current draft of the site at http://www.torchcreative.co.uk/amci/index.html appears to contemplate.]

Welcome to the Internet sites of AMCI Capital L.P. and its affiliates (“AMCI”). Please read our Terms and Conditions of Website Use (“Terms and Conditions”) carefully before using our website.  These Terms and Conditions set forth the legally binding terms and conditions that govern your access to and use of this website (the “Site”) and its contents (collectively, the “Content”).  By using the Site, you accept these Terms and Conditions.  If you do not agree to these Terms and Conditions for any reason, please do not use this website. 

These Terms and Conditions may be updated by us at any time.  Your continued use of the Site after any such modifications shall constitute your acceptance of these Terms and Conditions as modified.   

Permitted Uses of Our Site and Content
All Content on our Site is the intellectual property of AMCI or other parties, and is protected by copyright and other intellectual property law.  Downloading, printing, amending, copying, reproducing or redistributing information from this website (whether in whole or part) is prohibited, except that you may use and print minimal copies of our Content solely for your personal, non-commercial purposes provided that you do not change or delete any copyright, trademark or other proprietary notices or other legends.  However, you may not extract, copy or download a large portion of the Content, such as by a bot, webcrawler, scraper, spider or other device that “harvests” portions of the Site.  You may not alter or modify the Content in your copies.  Unless you receive our permission in advance, you may not make more than minimal copies of our Content, exploit any of our Content commercially, forward it as a mass distribution, or post it on any other website.  Use of this website shall not imply the transfer of any intellectual property or other rights in its content to you or to third parties. 

Prohibited Uses of Our Site and Content 
AMCI has the right (but not the obligation) to monitor this Site for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you.  You may not link to this Site or display this Site as “framed” within another website.  You may not (and may not encourage others to) violate any law, regulation, rule or the intellectual property, privacy or publicity, or contractual rights of others, or attempt to violate the security of this Site or use or gain access to the identities, information or computers of others, through this Site.  You may not:  send through this Site any materials or communications that are unlawful or defamatory, indecent, harassing, or otherwise objectionable in our sole discretion; transmit any virus, worm, time bomb or similar system interference or corruptant through this Site; or use this Site to engage in any other unauthorized or unwelcome online conduct. 
We reserve the right to change or supplement our policies as to prohibited uses at any time.

No Offer or Advice
The Content is provided for informational purposes only and does not constitute an offer to sell or buy any securities and may not be used or relied upon in connection with any offer or sale of securities.  No information contained on this Site constitutes or should be deemed to constitute an invitation in any jurisdiction to invest or otherwise deal in the funds managed by or other investments made by AMCI (the "Funds").  An offer or solicitation will be made only through a final private placement memorandum, subscription agreement and other related documents with respect to a particular investment opportunity and will be subject to the terms and conditions contained in such documents, including the qualifications necessary to become an investor.  The information on this Site is not intended to be, and should not be construed as a recommendation to buy, sell or hold shares in the Funds or other investments, an invitation or inducement to engage in investment activity, or a recommendation that you pursue any investment style or strategy, and the Content should not be treated as advice relating to legal, taxation, investment or any other matters.  If you would like investment, accounting, tax or legal advice, you should consult your own independent financial adviser, lawyer, accountant or other professional adviser with respect to your individual circumstances and needs. 

This website may contain forward looking statements, including, without limitation, statements containing the words “believe,” “anticipate,” “expect” and similar expressions.  Such forward looking statements involve unknown risk, uncertainties and other factors which may cause the actual results, financial condition, performance or achievement of the Funds, or industry results, to be materially different from any future results, performance or achievements expressed or implied by such forward looking statements.  Given these uncertainties, prospective investors are cautioned not to place any undue reliance on such forward looking statements.  The Funds and AMCI disclaim any obligation to update any such forward looking statements to reflect future events or developments.  All market prices, information and other data on this Site are subject to change without notice and are provided for information purposes only.  Such data may be based on historical data or information provided by third parties.  The assets held by the Funds are subject to change at any time, therefore any portfolio holdings noted herein should not be deemed representative of portfolio holdings in the future.

Trademarks
AMCISM and certain other marks displayed on this Site are trademarks and service marks of AMCI.  You may not use any of AMCI’s trademarks, trade names or service marks in any manner that creates the impression that such names and marks belong to or are associated with you or your affiliates or are used with AMCI’s consent.  All other trademarks or service marks on the Site that are not owned by AMCI are the property of their respective owners. 

Links to Other Websites
This Site may contain links to, or may be linked from, other websites that are not maintained by us.  AMCI does not endorse, have any responsibility for, or make any representations about, any other websites, including their products and services, content, communications and website use policies.  AMCI expressly disclaims any responsibility for your access to or use of such other websites. 

Limitations of Liability
IN NO EVENT SHALL AMCI OR ITS RELATED PERSONS BE LIABLE TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE (OR INABILITY TO USE) OR DISTRIBUTION OF THE SITE OR ANY INFORMATION OR MATERIALS OBTAINED THROUGH USE OF THE SITE.  THIS IS TRUE EVEN IF AMCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Disclaimer and Indemnity
AMCI and its officers, directors, managers, partners, members, shareholders, employees and agents (collectively “Related Persons”) make no representations or warranties of any kind, express or implied, as to the accuracy, reliability, completeness, availability or other characteristics of the information or materials presented on the Site.  Such information or materials are provided “as is” and “as available” and, to the fullest extent permissible pursuant to applicable law, AMCI specifically disclaims any and all warranties of any kind, express or implied, including but not limited to all warranties of and conditions of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy or completeness.  AMCI does not warrant that the information in this Site is accurate, reliable or correct, that this Site will be available at any particular time or location, or that this Site is free of viruses or other harmful components.   
Decisions based on information or materials contained on the Site are the sole responsibility of the user, and as consideration for access to the Site, you agree to hold AMCI and its Related Persons harmless from and against any claims whatsoever and of any nature for damages, losses and causes of action arising out of or in connection with any decisions that you make based on such information or materials, your use of the Site, or your violation of our website policies.

International Use
AMCI makes no claims that this site is appropriate or lawful for use or access outside the United States.  If you access this website from outside the United States, you do so at your own risk.  You are solely responsible for complying with all local laws, rules and regulations regarding online conduct and website access.  Access to this site from countries or territories where such access is illegal is prohibited, and by proceeding to access the Site, users are deemed to be representing and warranting that the applicable laws and regulations of their relevant jurisdiction allow them to do so.  Furthermore, our databases are located in the United States.  By sending us your data, you consent to its transfer to and storage within the United States.

Governing Law/Forum
These Terms and Conditions are governed by the laws of the State of New York.  If you take legal action relating to these Terms and Conditions, you agree to file such action only in the New York State Supreme Court located in New York, New York, or the United States District Court for the Southern District of New York, and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any action with AMCI.

© 2009 AMCI Capital L.P.  All Rights Reserved.
 

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