Disclaimers and Copyright Information


AGREEMENT BETWEEN USER AND WHITMAN CAPITAL

This website is offered to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this website constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

This website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from this website.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this website are ©1999-2000 Whitman Capital, LLC, 525 University Avenue, Suite 701, Palo Alto, California 94301 and/or its suppliers. All trade names, trademarks, service marks, and other product service names and logos displayed herein are the proprietary marks and names of their respective owners and protected by applicable copyright and trademark laws. Whitman Capital, Inc., Whitman Capital, LLC, and Whitman Partners, L.P., are not owned, sponsored, approved by or otherwise affiliated with any other entity named herein.

NO SECURITIES OFFERING

This website is not intended as and does not constitute an offer to sell any securities of Whitman Partners to any person. Such an offer will be made only by the Confidential Offering Circular of Whitman Partners.

The information on this website is only a brief introduction to a few of the highlights of that Offering Circular and omits most of the information material to a decision whether to invest in Whitman Partners. No person should rely on any information in this website, but should rely exclusively on the Offering Circular in considering whether to invest in Whitman Partners.

PAST PERFORMANCE IS NOT COMPARABLE

The prior performance described herein reflects the reinvestment of interest, dividends and other earnings. In addition, the net performance reflects the deduction of costs, and the management fees and profit allocations paid. To account for the special profit allocation that would have accrued as of the partial current year, the net performance has been reduced by 20%.

While Whitman Capital believes that the results discussed above were generated with an investment philosophy and methodology similar to that described herein, and that will be used by Whitman Capital to manage Whitman Partners' account in the future, future investments will be made under different economic conditions and in different securities, and the performance herein is for a limited time and does not reflect performance in all economic cycles. It should not be assumed that investors will experience returns in the future, if any, comparable to those discussed above. The information given above is historic and should not be taken as any indication of future performance.

Whitman Capital believes that the comparison of Whitman Partners' performance to the indices referred to herein is inappropriate because, unlike Whitman's portfolio, those indices are highly diversified and represent only unmanaged results of long investments in a variety of industry sectors, while Whitman Partners may invest in both equity and fixed income investments, may include foreign securities, private securities, short sales of securities and margin trading, and is not diversified.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WHITMAN CAPITAL AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME. THIS WEBSITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS, OR OTHER DISRUPTIONS .

WHITMAN CAPITAL AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WHITMAN CAPITAL AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND AVAILABILITY. IN NO EVENT SHALL WHITMAN CAPITAL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WHITMAN CAPITAL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this website, you warrant to Whitman Capital, LLC, 525 University Avenue, Suite 701, Palo Alto, California 94301 that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

LINKS TO THIRD-PARTY SITES

This website may contain hyperlinks to websites operated by other parties, which have not necessarily been screened by Whitman Capital. Such hyperlinks are provided for your reference only. Whitman Capital does not control such websites, and is not responsible for their contents. Whitman Capital's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

MODIFICATION OF THESE TERMS AND CONDITIONS

Whitman Capital reserves the right to change the terms, conditions, and notices under which this website is offered.

GENERAL

This agreement is governed by the laws of the State of California, U.S.A. If you take legal action relating to these terms, you agree to file such action only in the Superior Court of the State of California in the City and County of San Francisco, or the United States District Court for the Northern District of California, and you consent and submit to the personal jurisdiction of those courts for purposes of litigating any such action. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation, this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Whitman Capital as a result of this agreement or use of this website.

Whitman Capital's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Whitman Capital's right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Whitman Capital with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

This agreement constitutes the entire agreement between the user and Whitman Capital with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Whitman Capital with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any rights not expressly granted herein are reserved.