Terms and Conditions
By accessing this website and any materials presented herein (the “Site”), you accept in their entirety and without modification the following terms and conditions pertaining to the use of the Site. 793 Capital, LLC (“793 Capital”) reserves the right to change the terms, conditions and notices under which this Site is offered without notice at any time. You acknowledge and agree that 793 Capital may restrict, suspend or terminate the Terms of Use or your access to, and use of, all or any part of the Site, including any links to third-party sites, at any time, with or without cause, including but not limited to any breach of the Terms of Use as determined in 793 Capital’s absolute discretion, and without prior notice or liability. 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 this Site.
- Ownership, Limited License to Use the Site
793 Capital owns and maintains this Site. All information contained in this Site is confidential and intended solely for the use of those persons that have been granted permission to use this 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 793 Capital, any of its affiliates and/or any other entity described on the Site. No act of downloading or otherwise copying from this Site will transfer title to any software or material to any user hereof. Any data that you transmit to the Site (including without limitation personally-identifiable information) becomes the property of 793 Capital and may be used by 793 Capital for any lawful purpose without restriction, subject to the Privacy Policy set forth below. 793 Capital 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.
793 Capital grants you a limited, nonexclusive license to display and otherwise use portions of the Site solely for your own private, non-commercial, informational purposes only, and to print pages from the Site only in connection with that use. You may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Site without prior express written permission from 793 Capital which may be withheld for any or no reason.
- No Offer of Securities; No Advice
THIS SITE AND THE INFORMATION INCLUDED HEREIN IS FOR GENERAL INFORMATION PURPOSES ONLY. UNDER NO CIRCUMSTANCES SHOULD ANY MATERIAL AT 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 793 CAPITAL OR ANY OF ITS AFFILIATES OR ANY INVESTMENT ADVISORY SERVICES OFFERED BY 793 CAPITAL 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 OF AS DETERMINED FROM TIME TO TIME BY 793 CAPITAL IN ITS SOLE AND ABSOLUTE DISCRETION.
Such requirements may include, among other things, qualifying as an “accredited investor” within the meaning of the U.S. Securities Act of 1933, as amended; a “qualified client” within the meaning of the U.S. Investment Advisers Act of 1940, as amended; a “qualified eligible person” within the meaning of the U.S. Commodity Exchange Act, as amended; and/or a “qualified purchaser” within the meaning of the rules promulgated under the U.S. Investment Company Act of 1940, as amended. Access to information about the investment funds managed by, or advisory services offered by, 793 Capital is similarly limited to individuals who meet the applicable investor suitability, experience and sophistication requirements. You acknowledge that participation in investment funds is speculative in nature, involves a high degree of risk and is intended only for experienced and sophisticated investors.
The information contained on this Site reflects the opinions of 793 Capital as of the date of publication, which are subject to change without notice at any time subsequent to the date of issue. 793 Capital expressly disclaims any duty or obligation to update, modify, or change any page or post on this Site to reflect any update, modification, or other change in any opinion expressed by 793 Capital. 793 Capital does not represent that any opinion, projection, forecast, or estimate will be realized. In addition, all matters described on this Site are subject to known and unknown risks, uncertainties and other unpredictable factors, many of which are beyond 793 Capital’s control. No representations or warranties are made as to the accuracy of such forward looking statements. It can be expected that some or all of such forward-looking assumptions will not materialize or will vary significantly from actual results. Accordingly, any projections are only estimates and actual results will differ and may vary substantially from the projections or estimates shown.
In addition, the description on this Site of the approach of 793 Capital and the targeted characteristics of its strategies and investments is based on current expectations and should not be considered definitive or a guarantee that the approaches, strategies, and investment portfolio of any fund or other account managed by 793 Capital or its affiliates will, in fact, possess these characteristics. In addition, the description on this Site of any risk management strategies is based on current expectations and should not be considered definitive or a guarantee that such strategies will reduce any risk associated with any investment. These descriptions are based on information available as of the date of preparation of this document, and the description may change over time. While the information presented on this Site is generally believed by 793 Capital to be reliable and has been obtained from public sources believed to be reliable, in each case, as of the date of publication, no representation or warranty is made concerning the accuracy of any data presented. All trade names, trademarks, and service marks used on this Site are the property of their respective owners who retain all proprietary rights over their use.
Any investment strategy, including the investment strategy described on this Site, involves a high degree of risk. There is no guarantee that the investment objective of any fund or other account managed by 793 Capital or any of its affiliates will be achieved. The past performance of any investment strategy is not necessarily indicative of future results. There is the possibility of loss, and all investment strategies involve the risk of loss, including the loss of principal.
This Site is also not intended to provide any investment, financial, legal, regulatory, accounting, tax or similar advice, and nothing on this Site should be construed as a recommendation, by 793 Capital, 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.
- Password-Protected Areas
Portions of the Site which are password-protected may be accessed only by users who have been issued passwords by an authorized representative of 793 Capital. Users of the Site acknowledge that past performance is not necessarily indicative of future results. No one may obtain or attempt to obtain unauthorized access to such parts of the Site, or to any other protected materials or information, through any means not intentionally made available by 793 Capital for your specific use. Unauthorized individuals attempting to access, or actually accessing, these areas can be subject to criminal and/or civil prosecution.
- Privacy Policy
In using portions of the Site, you may be asked to provide 793 Capital with personal information about you, your relatives and/or other persons affiliated or designated by you. Personal information is any information that can be used to identify or contact a specific individual or company. 793 Capital may use personally-identifiable information for its own internal purposes, or on behalf of its affiliates. 793 Capital will not transfer, sell or disclose such personal information to any other third party without the applicable person’s prior consent, except as may be required by law (such as a subpoena, search warrant or other court order, or pursuant to the order of any regulatory body having jurisdiction over 793 Capital, its affiliates or funds managed by 793 Capital or its affiliates) or to protect the integrity of the Site. In general, 793 Capital’s business practices limit access to personal information obtained through use of the Site to those members of its personnel who need to know such information to conduct the operations of 793 Capital, its affiliates or funds managed by 793 Capital or its affiliates. 793 Capital maintains physical, electronic and procedural safeguards designed to protect such information from unauthorized access or use. 793 Capital will use personal information obtained through your use of the Site only in accordance with the privacy policy in effect at the time such information was provided. 793 Capital reserves the right to change this Privacy Policy at any time and to apply such changes retroactively.
By providing 793 Capital with data: (i) you acknowledge and agree that due to the international operations of 793 Capital and its affiliates, 793 Capital may provide personal information, in accordance with this Privacy Policy, to 793 Capital’s affiliates that may be outside your resident jurisdiction, and that such data may be stored on servers located in other jurisdictions; and (ii) you consent to the transfer of such data outside of the European Union as described in this Privacy Policy. If you do not consent to the terms of this Privacy Policy, please do not use the Site, and, if you have provided personal identifying data, please contact 793 Capital about how you would like 793 Capital to handle such data.
5. No Reliance
While 793 Capital uses reasonable efforts to update the information contained in the Site, 793 Capital makes no representations or warranties as to the accuracy, reliability or completeness of any information at the Site. Any content of the Site is subject to change without notice. As noted above, permission by 793 Capital to access this Site should not be construed as, or relied upon as, investment, financial, legal, regulatory, accounting, tax or similar advice.
- Materials to be Consulted in their Entirety
While 793 Capital uses reasonable efforts to update the information contained in the Site, 793 Capital makes no representations or warranties as to the accuracy, reliability or completeness of any information at the Site. Any content of the Site is subject to change without notice. As noted above, permission by 793 Capital to access this Site should not be construed as, or relied upon as, investment, financial, legal, regulatory, accounting, tax or similar advice.
7. Links to Third Party Websites
793 Capital has not reviewed any of the websites that may be linked to the Site, and is not responsible for the content of off-site pages or any other website linked or linking to this Site. 793 Capital is not responsible for the privacy practices of such other websites. Your linking to or use of any off-site pages or other websites is at your own risk. 793 Capital’s inclusion of links to other websites does not imply any endorsement of the material located on or linked to by such websites. In addition, the inclusion of any linked websites on the Site does not imply an endorsement of any kind of 793 Capital or its affiliates by any person or entity and should not be deemed as such by any user of the Site.
8. No Warranties
793 CAPITAL, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THE SITE. ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND. 793 CAPITAL HEREBY FURTHER DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY.
You acknowledge that you are aware that by using this Site you may be subject to security and privacy exploitations, including, eavesdropping, sniffing, spoofing, hacking, breaking passwords, harassment, exposure to objectionable material, posturing, and/or other security or privacy hazards.
793 CAPITAL, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES FURTHER ASSUME NO RESPONSIBILITY FOR, AND MAKE NO WARRANTIES THAT, FUNCTIONS CONTAINED AT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 793 CAPITAL, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY TYPE OF KIND TO, VIRUSES THAT MAY INFECT, OR SERVICES REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED, ON YOUR COMPUTER OR OTHER PROPERTY, ON ACCOUNT OF YOUR ACCESSING OR USE OF THIS SITE.
9. Limitation of Liability; Indemnification
IN NO EVENT SHALL 793 CAPITAL, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE SITE OR WITH ANY DELAY IN USING THE SITE, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, TRADING, PROFITS, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL, USE, OPPORTUNITY OR DATA; (II) ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE SITE; OR (III) OTHERWISE ARISING OUT OF THE USE OF THE SITE; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF 793 CAPITAL, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OR COULD HAVE FORESEEN THE DAMAGES. FURTHER, 793 CAPITAL WILL NOT BE RESPONSIBLE FOR ANY FAILURE TO COMPLY, BY YOU OR ANY THIRD PARTY, WITH THESE TERMS OF USE OR WITH APPLICABLE FEDERAL, STATE AND/OR LOCAL LAWS.
These limitations of liability will apply regardless of: (i) any negligence or gross negligence of any 793 Capital party or (ii) whether the liability arises in negligence, gross negligence, strict liability, contract, tort (including negligence or gross negligence) or any other theory of legal liability; and will remain in effect even if any remedy fails of its essential purpose.
Your sole remedy for dissatisfaction with your use of the Site is to stop using the Site.
You hereby agree to indemnify, defend and hold 793 Capital, its affiliates and their officers, directors, members, principals, investors, agents and employees harmless from and against any and all liability costs incurred by these parties in connection with any claim arising out of any breach by you of these Terms of Use or any of the representations, warranties and covenants made by you herein, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required or requested in the defense of any claim. 793 Capital reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of 793 Capital.
10. Usage Parameters
Prohibited Uses. In addition to the other limitations discussed in these Terms of Use, because all servers have limited capacity and are used by many people, you may not use the Site in any manner that could damage or overburden any 793 Capital server, or any network connected to any 793 Capital server. You may not use the Site in any manner that would interfere with any other party’s use of the Site.
Means of Access. The Site is generally intended to be viewed by a conventional Web browser. Although you may use other means to access the Site, be aware that the Site may not appear accurately through other access methods, and you use them only at your own risk. You are responsible for setting the cache settings on your browser to ensure that you are receiving the most recent data.
Usage Monitoring. 793 Capital reserves the right, but does not have the obligation, to access, archive, or monitor any use of this Site, or your use of this Site and your communications to the Site. By using the Site, you accept 793 Capital’s right to access, archive, or monitor usage to ensure service quality, or to evaluate the Site, the security of the Site, compliance with these Terms of Use, or for any other reason. You agree that 793 Capital’s monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which 793 Capital monitors your Site usage and enforce, or fail to enforce, these Terms of Use. You further agree that in no event will 793 Capital be liable for any damages incurred by you as a result of 793 Capital’s usage monitoring.
- General
These Terms of Use are governed by the internal laws of the State of California, without reference to its conflicts of laws provisions. You consent to the jurisdiction of, and venue shall lie in, any federal or state court located in Los Angeles, California, as the exclusive jurisdiction and venue for the adjudication of all disputes arising out of or relating to the use of the Site. You hereby appoint the Secretary of State of the State of California as your agent for service of process in any such proceeding.
Any notice to 793 Capital shall be given in writing and sent by registered mail to: [email protected].
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.