Terms and Conditions of Use
Thank you for visiting the website of FrontGate Capital Group (together with its subsidiaries and/or affiliates “FCG”, “we” or “us”). By accessing this website (the “Site”), you agree to accept the following Terms & Conditions of Use pertaining to the use of the Site, which constitute a legal agreement between you and FCG, as well as our Privacy & Security Policy. If you do not accept these Terms & Conditions of Use, you may not use the Site. FCG reserves the right to modify these Terms & Conditions of Use without notice, and each use of the Site constitutes your acceptance to be bound by the terms set forth in the Terms & Conditions of Use as modified at the time of such use.
Permitted Uses of Our Site and Content
All content and information, and all trademarks, service marks, trade names, trade dress, logos, copyrights and other intellectual property displayed on the Site (“Content”) are owned by, controlled by or licensed to FCG or their respective owners. We have listed below the permitted uses of our Content. We reserve the right to change our permitted uses at any time.
FCG grants you a limited, revocable, nonexclusive and nontransferable right to view, store, bookmark, download, copy and print pages from the Site for your personal and noncommercial use only. Unless you receive our permission in advance, you may not exploit any of the Content commercially, forward it as a mass distribution, or post it on another site.
If you link other websites to this Site, you may not imply or suggest that FCG has endorsed or is affiliated with such websites and you may not display this Site as “framed” within another website.
Prohibited Uses of Our Site and Content
FCG does not grant, by implication, estoppel or otherwise, any license or right to use Content on this Site other than those set forth above, and you shall not make any other use of such Content without FCG’s written permission. Without limiting the generality of the foregoing:
FCG 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. We reserve the right to change or supplement our website policies at any time to the fullest extent permitted by applicable law.
No Offers or Advice/Forward‐Looking Statements/Historical Information
This Site is for informational purposes only. Under no circumstances should any information or materials presented on the Site be used or construed as an offer to sell, or a solicitation of an offer to buy, any securities, financial instruments, investments or other services. This Site does not provide specific investing advice to any individual viewing the contents of the Site and does not represent that the investment opportunities described herein are suitable for any specific investor. Investors are advised not to rely on any information contained in this site in the process of making a fully informed investment decision. Furthermore, no information or materials contained in the Site should be construed or relied upon as investment, legal, accounting, tax or other professional advice or in connection with any offer or sale of securities. FCG will not treat users of the Site as its partners, clients, customers or investors by virtue of their accessing the Site.
Past performance is not indicative of future results. No representation is being made that any investment or transaction will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. The investment return and principal value of an investment will fluctuate and, as a result, your redemption value may be more or less than original cost.
The Site may contain forward‐looking statements, which reflect our current views with respect to, among other things, the operations and performance of our businesses. You can identify these forward‐looking statements by the use of words such as “outlook,” “believe,” “expect,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “intend,” “will,” “plan,” “estimate,” “anticipate” or the negative version of these words or other comparable words. Forward‐looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. We undertake no obligation to publicly update or review any forward looking statement, whether as a result of new information, future developments or otherwise.
Any transactions described on the Site as having been engaged in by FCG are included as representative transactions for illustrative purposes only.
The Content provided in or accessible through the Site is, unless otherwise specified, directed at residents of the United States, and are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject FCG to any registration or other requirement within such jurisdiction or country. FCG reserves the right to limit access to the Site to any person, geographic region or jurisdiction. Unless otherwise expressly set forth herein, FCG makes no representations that transactions, products or services discussed on or accessible through the Site are available or appropriate for sale or use in all jurisdictions or by all users, or that access by any user in the place it is located is not illegal or prohibited. Users who choose to access the Site from other locations do so at their own initiative and are responsible for establishing the legality, usability and correctness of any information or Content on the Site under the laws of any applicable jurisdictions. You may not use or export the Content on the Site or accessible through the Site in violation of U.S. laws and regulations.
FCG does not review or monitor any websites linked from or to the Site and is not responsible for the Content of any such websites. Accordingly, FCG cannot be held responsible for the information, materials, products or services obtained on or from such other websites, nor will we be liable in any respect whatsoever for any damages arising from your access to such websites. Any links from or to other websites are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply an endorsement, representation or warranty by FCG with respect to any such linked websites or the Content, products or services contained or accessible through such websites or their operators. FCG DISCLAIMS RESPONSIBILITY FOR THE PRIVACY POLICIES AND CUSTOMER INFORMATION PRACTICES OF THIRD‐PARTY INTERNET WEBSITES HYPERLINKED FROM THE SITE. These such links from or to such websites are at your sole risk.
Transmission to and from the Site
Password and Security Notification
Certain areas of the Site are password protected and are only accessible to those who have a valid FCG‐issued password. You may not attempt to access any password protected areas of the Site without authorization. In the event that you have been issued such a password, you acknowledge and agree that FCG has granted you limited access to specific files pertaining to investments relevant to you, and you agree not to attempt to access other computer files. The contents of the password protected area of the website are subject to the confidentiality provisions of the fund documents. Persons who have access to the password protected area are responsible for maintaining the confidentiality of any account information, user names, and/or security questions and answers that they may use to access any page or feature on the password protected area, and for logging off any protected areas of the Site. Accordingly, you should take steps to protect the confidentiality of your password. You should notify FCG immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password.
Persons with access to the password protected area are solely responsible for maintaining the confidentiality and security of their unique passwords. They may not disclose their passwords to any third party. If password information is shared with a third party in violation of this Agreement, such as an information aggregator, we may not be able to verify the user of the password information. If password information is shared with a third party in violation of this agreement, including an information aggregator, FCG assumes no liability or responsibility whatsoever for the integrity and security of that third party’s information systems or the dissemination, through a third party, of any confidential information. FCG will not be responsible for any loss that arises from such use or action or from the failure to comply with these provisions.
Limitation of Liability
IN NO EVENT SHALL FCG OR ITS RELATED PERSONS BE LIABLE TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING BUT NOT LIMITED TO 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 FCG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Disclaimer and Indemnity
FCG and its officers, directors, managers, partners, members, shareholders, employees, affiliates 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”.
To the fullest extent permissible pursuant to applicable law, FCG 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. FCG 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. Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the Site or made via the Site may not be secure.
The investments and strategies discussed in the content may not be suitable for all investors and are not obligations of FCG or any of its affiliates or guaranteed by FCG or any of its affiliates. The investments are not bank deposits and are not insured by the Federal Deposit Insurance Corporation or any other entity and are subject to investment risks, including the loss of the principal amount invested. Nothing contained on the Site constitutes investment, legal, tax or other advice nor is to be relied on in making an investment or other decision. You should obtain and carefully review the prospectus for an investment before making any investment decision. Decisions based on information or materials contained on the Site are the sole responsibility of the user.
As consideration for access to the Site, you agree to indemnify and hold harmless FCG and its Related Persons from and against any claims whatsoever and of any nature for damages, losses and causes of action, including but not limited to actions by third parties against you, FCG or any of its Related Person, arising out of or in connection with any decisions that you make based on such Content, your use of the Site, or your violation of our website policies. You agree to make FCG its subsidiaries and affiliates whole for any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site or any violation of this Agreement unless prohibited by law.
All Content on the website is subject to copyright, trademark, and other proprietary rights and laws. FCG reserves the right to change Content without notice. No part of this Site may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying or recording, or by any information storage or retrieval system, without the express written permission of FCG.
Governing Law and Forum
The laws of the State of Florida govern these Terms & Conditions of Use. You agree that any legal action relating to these Terms & Conditions of Use may take place only in state or federal courts located in Miami‐Dade County, Florida, USA, and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any action with FCG and waive trial by jury in any such action.
You agree that any cause of action you may have with respect to your use of the Site must be commenced within one year after the claim or cause of action arises or will be deemed to have been waived.
Integration and Severability; Waiver
This Agreement represents the entire agreement between FCG and the user relating to the subject matter herein. If, for any reason, a court of competent jurisdiction finds any provision in this Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder shall continue in full force and effect.
No waiver by FCG of any breach of this Agreement will be deemed a waiver of any subsequent or different breach.
Last updated: January 2015.
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