Terms & Conditions
We are pleased that you have elected to visit our website.
Please read these Terms and Conditions of Use carefully. These Terms and Conditions, including all documents referenced herein, represent the entire understanding between Alkeon Capital Management, LLC and its affiliates (collectively referred to as “Alkeon”)
and you regarding your use of this website and supersede any prior statements or representations.
Access, distribution and/or use of this website is subject to all applicable laws and regulations. To the extent that access, distribution and/or use of this website would be deemed illegal by applicable law, such access, distribution and/or use is prohibited. By visiting any area on the Alkeon website and/or registering for any interactive functionality
of the website, you are deemed to have read, understood and accepted, and agree to be bound by, these Terms and Conditions of Use. If you do not agree to abide by these Terms and Conditions of Use, please do not use this website.
Access to this website is limited to approved users. Unauthorized access to this site by persons who are not approved users could cause irreparable harm and significant injury to Alkeon, which may be difficult to measure with certainty or compensate through damages. Accordingly, Alkeon shall have the right to seek and obtain an immediate injunction enjoining any breach by the recipient party of this Agreement upon application to a court of competent jurisdiction in addition to monetary damages and any other remedy available at law or in equity.
Information Purposes Only
The content of this website is provided for informational purposes only and should not be construed as financial or investment advice on any subject matter. The information contained in this website is being made available by Alkeon for the benefit of its existing clients and investors, their financial advisors, Alkeon’s employees and other persons expressly authorized to receive such information. This website contains confidential, nonpublic information. It is intended only for the use of the individual or entity that has been specifically authorized to view the information.
None of the information or materials contained on or accessible through this website, including any information or materials accessible in any password protected areas, should be construed as an offer to sell or the solicitation of an offer to purchase shares of any security in any jurisdiction. Such an offer may only be made by the offering materials for the relevant security, and only to investors who meet certain eligibility requirements.
Investors should seek financial advice regarding the appropriateness of investing in any securities or investment strategies discussed or recommended in this website and should understand that statements regarding future prospects may not be realized. Investors should note that income from such securities may fluctuate and that each security’s price or value may rise or fall. Accordingly, investors may receive back less than originally invested. Past performance is not indicative of future performance.
The content hereof is intended for general information purposes only. The information contained herein is limited and is not intended to provide a representation of the merits or risks associated with an investment in any of the funds and accounts (the “Alkeon Funds”) managed by Alkeon Capital Management, LLC or its affiliates (“Alkeon”). The information contained is neither an offer to sell, nor the solicitation of an offer to buy, any security or product managed or sponsored by Alkeon. Nothing contained herein shall be deemed or construed to constitute financial or other professional advice. Consideration of an investment in the Alkeon Funds should only be given after a careful review of the necessary offering documents by a prospective investor, and only after the prospective investor is fully satisfied that the prospective investor alone or together with his or her investment representative have asked for and received all information which would enable the investor or both of them to evaluate the merits and risks of a potential investment in the Alkeon Funds. You should not rely on the information contained herein, and should rely solely on, and carefully read, the appropriate offering and related subscription materials relating to any specific investment product before making any investment decision.
All content herein has been obtained from sources deemed to be reliable, but is subject to unintentional errors, omissions and changes without notice, and is not warranted by Alkeon as to its accuracy or completeness. This document may not be reproduced in whole or in part in any manner. It is the responsibility of the recipient to independently confirm its accuracy and completeness. Alkeon does not assume any duty to update any information in this document for subsequent changes of any kind.
An investment in the Alkeon Funds involves substantial risks. No guarantee or representation is made that the investment program of the Alkeon Funds will be successful. An investment in the Alkeon Funds should be considered speculative. It is possible that an investor may lose some or all of his or her investment. Past performance is no guarantee of future results.
The information contained herein is limited and is not intended to provide a complete representation of the merits or risks associated with an investment in any product managed by Alkeon. Consideration of an investment in the products managed by Alkeon should only be made after a careful review of all the relevant offering materials by a prospective investor, and only after the prospective investor is fully satisfied that the prospective investor alone or together with his or her investment representative have asked for and received all information which would enable the investor or both of them to evaluate the merits and risks of a potential investment.
An investment in the products managed by Alkeon involves substantial risks. No guarantee or representation is made that the investment program of any of the products managed by Alkeon will be successful or that any such products will achieve their investment objective. An investment in the products managed by Alkeon should be considered speculative. It is possible that an investor may lose some or all of his or her investment.
Use of This Website
This website is operated by, or on behalf of, Alkeon. Not all products and services listed on this website are available in all geographic areas. To the extent that access, distribution and/or use of this website would be deemed illegal by applicable law, such access, distribution and/or use is prohibited.
Use of Materials
All material on this website, including but not limited to images, logos and trademarks (collectively referred to as the “Material”), is protected under various intellectual property laws and owned or controlled by Alkeon, or used with permission of the owner(s) of such Material. Except as otherwise indicated on this website, copying, reproduction, uploading, downloading, transmitting or any other use of this website or of any of the Material, in whole or part, without the express permission of Alkeon, is prohibited. You may, however, copy, reproduce, download, transmit and/or print individual pages contained on this website for your personal, non-commercial use, provided you agree not to conceal, remove or alter any trademark, copyright or other notice contained on: (i) this website; (ii) any of the Material; or (iii) any such individual pages so copied, reproduced, downloaded, transmitted or printed. Any unauthorized use of this website and/or the Materials may subject the user to criminal prosecution and/or civil liability under applicable law.
From time to time, Alkeon’s website may contain links to other websites that are not controlled and/or maintained by Alkeon. Access to and use of such other websites is at your own risk and subject to any terms and conditions of use which govern such websites. By providing such links, Alkeon shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information and/or products found on such websites. Alkeon is not responsible for the content contained on any such websites, or for the failure of any product or service offered for sale or advertised on any such websites or for any damages that may result therefrom. Copyrights in the materials or information on the linked websites are owned by other organizations. Moreover, such other websites may have terms and conditions of use that differ from those of Alkeon and/or may provide their users with less security than the Alkeon website.
Certain pages or sections of this website may contain terms and conditions of use which are in addition to or different from these Terms and Conditions of Use. In the event that there is a conflict between such additional or different terms and conditions of use and these Terms and Conditions of Use, the additional or different terms and conditions of use will govern with respect to the specific pages or sections to which they apply.
Limitation of Liability and Use of Disclaimer
Alkeon is not responsible for and will not assume any liability for any damages or loss related to the use of this website.
THIS WEBSITE, ALL MATERIAL CONTAINED ON THIS WEBSITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE, ITS FEATURES AND FUNCTIONS, WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO WARRANTIES REGARDING TITLE, SECURITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. ALKEON RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS WEBSITE WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES. ALKEON SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, CONSEQUENTIAL, DIRECT, INDIRECT AND/OR SPECIAL DAMAGES, THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE.
Alkeon is not responsible for any damages or loss related to your reliance on any outdated version of these Terms and Conditions.
Certain jurisdictions prohibit the limitation of liability for certain types of damages or prohibit waivers against future fraud, and accordingly, such limitations or waivers may not apply to you. In such jurisdictions, Alkeon’s liability is limited to the greatest extent allowable under applicable law.
Transmitting and Downloading
Alkeon is not responsible for any damages incurred as a result of any interruption, transmission blackout, delayed transmission or incorrect data transmission over the Internet. Alkeon does not warrant or represent that the website will meet your requirements, that access will not be interrupted or delayed, that there will be no failures, errors or omissions or loss of transmitted information, that no viruses will be transmitted or that no damage will occur to your computer system.
You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a back up of all data and/or equipment. By using this website, you agree that you will be responsible for maintaining the confidentiality of your password and account information, and that you will restrict access to your computer to avoid disclosure of such. You further agree that you will be responsible for all activity taken under your password and/or account.
You agree to indemnify, defend and hold harmless Alkeon Capital Management LLC, its subsidiary and affiliated entities, and each of their respective owners, officers, directors, employees and agents (the “Indemnified Parties”) from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys fees) arising from or in connection with: (i) your use of the website and/or (ii) any violation of these Terms and Conditions. You agree that your representations and warranties, and your obligation to indemnify the Indemnified Parties, shall survive beyond any term that these Terms and Conditions are in effect.
When you communicate with Alkeon electronically, via email or otherwise, you consent to receive electronic communications from Alkeon. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Alkeon satisfy any legal requirement that such communication be in writing. Alkeon encourages you to retain your own copies of relevant information; however, upon your request, Alkeon will provide you with hard copies of your relevant information.
Changes in Policy
From time to time, the policies set forth in these Terms and Conditions of Use may change. We will post changes to the Terms and Conditions of Use on this website. Please review these Terms and Conditions of Use often so that you will remain abreast of our current policies.
Effective Date: September 7, 2016
These Terms and Conditions of Use were last updated on September 7, 2016
Acquisition of Business
In the event that Alkeon is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this website, all data collected on this website, and all of Alkeon’s rights hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, Alkeon will post a notice to such effect on this website.
If you have any questions concerning our website or any of the policies set forth in these Terms and Conditions of Use, please contact us at:
Alkeon Capital Management LLC
350 Madison Avenue
New York, NY 10017
Use of this website and these Terms and Conditions of Use shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. If any portion of these Terms and Conditions of Use are deemed unenforceable, unlawful or void by a Court of competent jurisdiction, then that portion of the Terms and Conditions of Use will be deemed severable and will not affect the enforceability or validity of the remaining portions of these Terms and Conditions of Use.
Notwithstanding anything to the contrary set forth in these Terms and Conditions, Alkeon may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York or in any other court having jurisdiction, in the event that Alkeon believes that you have violated or threatened to violate any of Alkeon’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.
In the event that any portion of these Terms and Conditions are deemed unenforceable, unlawful or void by a Court of competent jurisdiction, in any jurisdiction for any reason, including but not limited to the scope, duration or area of its applicability, unless narrowed by construction, such provision shall for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable provision had been more narrowly drawn so as not to be invalid, prohibited or unenforceable (or if such language cannot be drawn narrowly enough, the court making any such determination shall have the power to modify, to the extent necessary to make such provision or provisions enforceable in such jurisdiction, such scope, duration or area or all of them, and such provision shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such provision would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such provision, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions. No narrowed construction, court-modification or invalidation of any provision shall affect the construction, validity or enforceability of such provision in any other jurisdiction. No waiver by Alkeon of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and Alkeon’s failure to assert any right or demand compliance with any provision of these Terms and Conditions shall not be deemed to constitute a waiver of any such right or provision.