LEGAL NOTICES AND DISCLAIMERS
All Content is for informational purposes only. Although the Site may include investment-related information, nothing on the Site is a recommendation that you purchase, sell or hold any futures, security, derivative contract or other investment, or that you pursue any investment style or strategy. We do not give any advice or make any representations through the Site as to whether any investment is suitable to you or will be profitable. Nothing on the Site is an offer or solicitation to buy or sell, make or hold any investment. We make no representations that any information provided via the Site Is accurate, current, reliable or complete. You are solely responsible for evaluating the risks and merits regarding the use of the Site and any services provided herein. Nothing on the Site is intended to be, and you should not consider anything on the Site to be, investment, accounting, tax, legal or other professional advice. If you would like investment, accounting, tax or legal advice, you should consult with your own financial advisors, accountants or legal advisors regarding your individual circumstances and needs.
Past performance is not an indication of future results. Your actual performance may differ from the performance shown for Tekmerion Fund(s) in which you are invested, which assumes no subscriptions or redemptions during the period.
RISK OF LOSS.
As with any investment, your capital is at risk. The value of any investment may fall as well as rise, including as a result of changes in the value of foreign exchange. You may not get back any or all of the amount that you originally invested.
LOCAL LEGAL RESTRICTIONS.
Not all securities, products or services described are available in all countries. This Website is not directed to any person in any jurisdiction where (by reason of that person's nationality, residence or otherwise) the publication or availability of the Website is legally prohibited. Persons in respect of whom such prohibitions apply must not access this Website. The information provided on the Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country that would subject Tekmerion or any Tekmerion product to any registration requirement within such jurisdiction or country.
FORWARD LOOKING STATEMENTS.
The contents of the Site may contain forward-looking statements that are based on subjective beliefs, assumptions, current expectations, estimates, and projections about investments, the financial industry or the economy. These statements are not guarantees of future performance and involve certain risks, uncertainties and assumptions that are difficult to predict with regard to timing, extent, likelihood and degree of occurrence. Therefore, actual results and outcomes may materially differ from what may be expressed or forecasted in such forward-looking statements. We undertake no obligation to update, amend or clarify forward-looking statements, whether as a result of new information, future events or otherwise. Furthermore, past performance is not indicative of future results; no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
For the General Public:
The password protected areas of the Website, and the information contained in or through those areas, may be accessed only by persons who are "qualified eligible participant" as such term is defined by Rule 4.7 of the Commodity Exchange Act, and have been authorized by Tekmerion pursuant to the written representations and warranties or other information given by such persons.
Tekmerion believes that the information on the Website is accurate as of the date of publication. However, Tekmerion makes no warranty of accuracy or completeness of the information, and shall not be liable for any losses or damages relating to the adequacy, accuracy or completeness of any information on the Website or the use of such information. The information on the Website is provided for information only and should not form the basis of an investment decision.
Sales of shares of Tekmerion's Fund are made only on the basis of the relevant offering documentation only. Shares may not be offered in any jurisdiction in which such offer or solicitation is not authorized.
Tekmerion and its subsidiaries do not provide investment advisory services to the public and nothing contained herein should be construed as an offer of Tekmerion’s services or products
TERMS AND CONDITIONS
License. Tekmerion grants you a limited right to use the Site. Your right to use the Site is subject to your agreement to abide by these Terms and Conditions in their entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site. At any time and for any reason we may revoke your right to use all or any portion of the Site. You agree not to interfere with the operation of the Site, violate or attempt to violate the security of the Site, or to use the Site for any fraudulent, harmful or illegal purposes. Not all products and services (if any) listed on this Website are available in all jurisdictions. To the extent that access, distribution and/or use of this Website would be deemed illegal by applicable law in any regulatory jurisdiction then such access, distribution and/or use by you is prohibited. You may view, download and print information and materials on this Site for your personal and internal business uses provided that all hard copies contain all copyright and other applicable notices.
Representations and Warranties. You represent and warrant that: (i) your execution and performance of these Terms and Conditions will not violate any agreement or other obligation to which you are bound; (ii) you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to these Terms and Conditions; (iii) you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of these Terms and Conditions; (iv) you will not delete or modify any Content on the Site; (v) you will comply with all applicable laws, rules and regulations in using any aspect of the Site or otherwise performing your obligations and exercising your rights under these Terms and Conditions; and (vi) the information you have given to Tekmerion, its affiliates, agents and any other person or entity in connection with your access to and use of the Site (including, without limitation, broker-dealers) about yourself is complete, true and accurate.
Your Account. Your Account. The Site contains a login portal to a password -protected investor website operated by a third-party service provider on our behalf. The investor website may be accessed only by users who have been approved for an account by Tekmerion, its agents or the third party who maintains the investor website. Such accounts will only be issued to authorized investors in an investment fund sponsored or managed by Tekmerion, or to certain eligible prospective investors, each of whom represents and warrants as follows: you are, or the company or organization on whose behalf you will be accessing the Site, as applicable is : a "qualified eligible person" as such term is defined in Commodity Futures Trading Commission Regulation 4.7 and Rule 4.7 of the Commodity Exchange Act, including "qualified purchasers" as defined in Section 2(a)(51) of the Investment Company Act of 1940. You agree to immediately contact Tekmerion Capital if there is any change in your eligibility status. Tekmerion may disable any password in its sole discretion and without notice. Password-protected portions of the Site may contain performance information for the investment funds sponsored or managed by Tekmerion. Users of the Site acknowledge that THE PAST PERFORMANCE OF ANY FUND IS NOT INDICATIVE OF FUTURE PERFORMANCE. To the extent that any funds or products are referred to on this Site, they are available only to such persons and other persons should not act or rely on the information available on this Site. Users must undertake to treat any Content on the password-protected portion of the Site as secret and confidential. You are solely responsible for maintaining the confidentiality and security of your password. You may not disclose your password to any third party and accept full responsibility for any use of your password. You must notify Tekmerion immediately of any actual or suspected loss, theft, unauthorized use of your password or other suspected breach of security. You are fully responsible for securing all facilities, products and equipment that might allow access to the Site and all usage and activity that occur through the use of your password or account, whether or not such use is authorized by you. Further, you shall not share your login information with any third party and are solely responsible for any and all activity that takes place under your login information. We are not obligated to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions.
Investigation and Monitoring. Tekmerion may investigate, monitor and record activity on the Site and take legal action against any illegal and/or unauthorized use of the Site, including but not limited to: unauthorized access to the Site through a third party application, robot, spider, automated device, or data mining or extraction tool or other unauthorized means; interference with the Site; complaint or reported violation of our policies or any law or regulation; or action that imposes an unreasonable load on the Site. We may issue warnings, suspend or terminate use of the Site, deny access to all or part of the Site or take any other action that we deem appropriate. Tekmerion’s decision not to pursue legal action shall not be construed as a waiver of these Terms and Conditions or Tekmerion’s legal rights.
Confidentiality of Internet. Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While Tekmerion has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from the Site over the Internet cannot be guaranteed. Accordingly, you are solely responsible for the security of any information transmitted via the Internet or for the consequences of any reliance on such information. You assume the sole and complete risk for using the Site and must make your own determination as to these matters.
Third Party Websites. Tekmerion does not monitor the content of and is not responsible for any third-party website, unless otherwise expressly stated in the terms and conditions of the third-party website. Except as otherwise expressly stated by us in these Terms and Condition or on the Site, we are not affiliated or associated with the operators of any third-party websites or other resources that link to or are linked from the Site. Links from the Site to third-party websites do not imply any endorsement, recommendation or approval by the third party of Tekmerion or the Site or of the link; nor do they imply any endorsement by Tekmerion of the third-party website, related information, products or services, or of the link. We make no representations or warranties as to the security of any information that you may provide or be requested to provide to any third party. YOU AGREE THAT YOUR ACCESS TO OR USE OF THIRD PARTY WEBSITES, INCLUDING YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, LINKS OR OTHER MATERIALS AVAILABLE ON OR THROUGH SUCH THIRD PARTY WEBSITES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH THIRD PARTY WEBSITES.
Site Availability. All or any portion of the Site may not be available and may not function properly at any time. Tekmerion makes reasonable efforts to avoid technological problems, but at any time the Site may have and may cause technological problems such as viruses and other damaging computer programming routines or engines. You agree that Tekmerion is not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site or any defects, delays or errors in or resulting from your use of the Site.
Disclaimer and Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, INCLUDING ALL CONTENT, IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, TEKMERION DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE AVAILABILITY, OPERATION AND USE OF THE SITE AND ANY INFORMATION, CONTENT, MATERIALS OR SERVICES ON OR ACCESSED VIA THE SITE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. WITHOUT LIMITING OUR GENERAL DISCLAIMER, TEKMERION DOES NOT WARRANT THE AVAILABILITY, RELIABILITY, ACCURACY, COMPLETENESS OR TIMELINESS OF THE SITE OR THE CONTENT. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, AVAILABILITY OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. TEKMERION DOES NOT WARRANT THAT THE SITE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE SITE OR DATA, INFORMATION OR SERVICES PROVIDED VIA THE SITE, INCLUDING BY TEKMERION’S SERVICE PROVIDERS, OR ANY E-MAIL SENT BY TEKMERION OR ITS REPRESENTATIVES, WILL BE SECURE, OR FREE OF ERRORS, VIRUSES, WORMS, "TROJAN HORSES," OR ANY OTHER HARMFUL, INVASIVE, OR CORRUPTED COMPONENTS, AND IS NOT LIABLE FOR ANY DAMAGE OR LOSS YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TEKMERION OR ITS EMPLOYEES, AGENTS, ACTIVE PARTNERS, MEMBERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED ARISING OUT OF THESE TERMS AND CONDITIONS, THE SITE, THE CONTENT, THE INABILITY TO USE THE SITE, OR TRANSACTIONS ENTERED INTO THROUGH THE SITE, UNDER ANY THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OPPORTUNITIES, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF TEKMERION HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES THAT YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
Indemnification. To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Tekmerion and its employees, agents, active partners, members and directors, the other users, and any other third party contributors to the Site, and their affiliates, suppliers, service providers, agents, representatives, successors, and assigns, and the respective members, officers, or employees thereof, from and against any and all claims, damages, liabilities, actions, causes of action, suits, demands, losses, costs, and expenses (including reasonable attorney's and expert's fees) that arise from or relate to (a) your access to, use of, or activities in connection with, the Site; or (b) any violation or alleged violation of these Terms and Conditions by you, in each case unless caused by Tekmerion or its employees, agents, active partners, members or directors’ misrepresentation, gross negligence, willful misconduct or fraud.
Termination. These Terms and Conditions are effective unless and until terminated by either you or Tekmerion. You may terminate these Terms and Conditions at any time by providing notification to Tekmerion in writing of such termination and discontinuing any further use of the Site. We also may terminate these Terms and Conditions, in our sole discretion, at any time and may do so immediately and without notice, and accordingly deny you access to the Site.
Governing Law. You agree that any dispute arising out of or relating to your use of the Site or relating to these Terms and Conditions shall be governed and construed in accordance with the laws of the United States and the State of New York, without giving effect to conflicts-of-law thereof.
Dispute Resolution. In the event of any dispute or disagreement between the parties, or claim or question by a party[W5] , arising from or relating to these Terms and Conditions or the breach hereof (collectively, a “Dispute”), the parties shall use their best efforts to settle the Dispute. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of 60 days then, upon notice by either party to the other, such Dispute shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Consumer Arbitration Rules. Once the Dispute is submitted to the AAA for arbitration and each party pays the appropriate filing fees, the parties agree to equally share all costs of AAA arbitration, including Arbitrator fees and expenses. The parties will remain individually responsible for their own attorney costs or other non-AAA required costs. If an in-person arbitration hearing is required, then it will be conducted at the American Arbitration Association’s office in New York County, New York.
Miscellaneous. Headings used in these Terms and Conditions are for reference purposes only and in no way define or limit the scope of the section. You may not assign or otherwise transfer this agreement or any of your rights or obligations hereunder. The failure of Tekmerion to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a portion of these Terms and Conditions is determined to be unlawful, void or unenforceable, it will not affect the enforceability of the remaining provisions and the remaining provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or unenforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. The following provisions survive the expiration or termination of these Terms and Conditions and Legal Notices: Intellectual Property; No Advice or Offer of Securities; Forward-Looking Statements; No Offer of Employment; Risks in relying on the Content; Technological problems with the site; Disclaimer of Warranty; Limitation of Liability; Indemnification; Governing Law; and Miscellaneous.
How to Contact Us. If you have any questions or comments about these Terms and Conditions, you may contact us in the following ways: E-mail: firstname.lastname@example.org
Tekmerion Capital Management, L.P. and its affiliates (collectively referred to as “Tekmerion”, “TCM”, “we”, “our”, and similar pronouns) understand the importance of maintaining the confidentiality and security of our clients’ personal information. This notice describes the privacy policies of Tekmerion and aims to provide our clients with transparent information, in accordance with privacy laws.
The following describes the information we collect about you, with whom we share your information, how we safeguard your information, and how you can contact us regarding our privacy notice and practices or to exercise your rights. We do not sell your personal information.
We have policies and procedures reasonably designed to safeguard the confidentiality and security of personal information that includes restricting access to nonpublic personal information to properly authorized persons and maintaining generally accepted physical, electronic and procedural safeguards, including the use of encryption and authentication tools. However, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect personal information, we cannot and do not guarantee or warrant the security of any information you transmit to or from our website, and you do so at your own risk.
We train our employees in the proper handling of personal information. When we use other companies to provide services for us, we require them to protect the confidentiality of personal information they receive. Although we will do our best to protect your personal data, we cannot totally guarantee the security of your data.
Information that We Collect
We collect various elements of public and nonpublic personal information from a variety of sources, including:
Information we receive through applications or other means, which can include name, address, phone number, tax identification number or other government identification number (when allowed or required by applicable law), assets, income and other household information, information regarding existing securities accounts, educational and employment history, prior investment experience with different types of investment vehicles, and any relationships a client may have with others involved in the securities business;
Information about transactions with us and non-affiliated third parties, which can include account balances and transaction history;
Communications with us, including but not limited to telephone calls and e-mails to provide you with requested products and services;
Information from visitors to our website provided through online forms, website visit data, and online information collecting technologies. For information on opting out please visit caplinked.com/company/privacy-policy/.
How We Use Your Information
We use information we collect as necessary or appropriate for our business purposes, including to:
Fulfill contractual obligations
Open and administer accounts
Register users and provide you access to the website or services requested
Fulfill requests for our products or services
Respond to inquiries or requests directed to us
Perform internal analysis, analytics, research and development to improve and add to our product offerings
Send communications and administrative emails about the website and our services and products
Assist in determining the likelihood that a person, account, transaction, message or devise is associated with fraud or other malicious behavior
Administer our site and as part of our efforts to keep or site safe and secure
Deliver customer services
Conduct due diligence checks on business contacts as part of our financial crimes and anticorruption program
Satisfy required legal or regulatory obligations
Fulfill other purposes related to any of the above
We have a legal basis for collecting and processing this information, as processing is necessary for: (i) the performance of a contract to which we are a party or to take steps at your request prior to entering into a contract; or (ii) for direct marketing purposes carried out in our legitimate interests; and/or (iii) for the purpose of conducting business with an entity you work for, or otherwise represent, in furtherance of our legitimate interests, but only to the extent our legitimate interests are not overridden by your fundamental rights and freedoms.
How We Disclose Your Information to Third Parties
We may disclose any of the personal information that we collect, as described above, to our affiliates and to non-affiliated third parties under the circumstances described below and in this notice.
For legal and regulatory reasons: We may disclose your information if we are under a duty to disclose or share your information to comply with any legal or regulatory obligations; to enforce, apply or fulfill our terms and conditions and other agreements or to protect the rights, property, or safety of our customers, our companies or others. This includes exchanging information with other companies and organizations to conduct due diligence checks on business contracts as part of our financial crimes and anticorruption programs.
To provide contracted services: We use a number of third-party organizations in the provision of services to our customers (i.e., processing centers, development and maintenance of our networks and systems) including to process transactions and maintain accounts. These organizations act as data processors and are strictly contractually controlled in how they may and may not use your information and we remain responsible for the protection of your information. Please contact us if you would like more information about the third parties used to fulfill our contractual obligations.
For marketing: We also may disclose any of the personal information that we collect as described above, to our affiliates for the purpose of marketing our products and services under circumstances permitted by law. We have policies and procedures to ensure that certain conditions are met before an affiliated company may use information obtained from another affiliate to solicit clients for marketing purposes.
Our website may link to third-party websites that have privacy policies that differ from ours, and you should consult those websites’ privacy policies to understand how they will collect, store, process, transfer and otherwise use your personal information.
We do not otherwise provide non-public personal information about clients, former clients or prospective clients to anyone without their consent. If, at any time in the future, it is necessary to disclose any of your personal information in a way that is inconsistent with this policy, we will give you advance notice of the proposed change so that you will have the opportunity to opt-out of such disclosure.
European Union General Data Protection Regulation (GDPR)
In addition to items referenced in the aforementioned disclosures, the GDPR states that natural persons in the European Union may exercise the following rights by contacting their Tekmerion representative:
• Request access to your personal data (commonly known as a “data subject access request”) and request certain information in relation to its processing
• Request rectification of your personal data
• Request the erasure of your personal data
• Request the restriction of processing of your personal data
• Object to the processing of your personal data
• Request the transfer of your personal data to another party
The granting of these requests may be superseded by regulatory retention requirements by which Tekmerion is bound.
To exercise the above rights, contact the person indicated in Contact Information section of this document. We will treat your requests confidentially and will make reasonable efforts to provide information on actions taken by us to respond without undue delay and in any event within one month of receiving the request to exercise the above rights.
You also have the right to make a complaint at any time to a local European Union data protection regulator in the member state of your usual residence or the place of the alleged infringement if you believe that the processing of your personal information infringes data protection principles.
Notice to California Residents
For California residents, the California Consumer Privacy Act of 2018 (“CCPA”) provides certain rights regarding the information that we collect. In particular you may have the following rights:
Notification of Personal Information Collection. We collect, use, and process your personal information for expected internal reasons, legal obligations, and servicing a transaction, technical support functions or providing a service.
Access to Specific Pieces of Information. You may request that we disclose certain information to you about our collection and use of your personal information over the past 12 months.
Deletion of Personal Information. You may request that we and our service providers delete any personal information that we collect from you. Our obligation to comply with this request is subject to exemptions. If you are interested in requesting deletion of your personal information, please note we may have a legal reason to retain your information, as permitted by the CCPA.
Retention of Personal Information. Personal information is retained as long as necessary to meet legal and regulatory requirements. Retention may be extended if we are required to preserve personal information in connection with litigation, investigations, and proceedings.
Opt Out of Sale. While, under the CCPA, you may request that we do not sell your personal information, because we do not sell any personal information, there is no need to opt out of sales.
Anti-Discrimination. We will not discriminate against you for exercising your CCPA rights.
If you have any questions, you may contact Reed Morrissey at (646) 527-7333, extension 169, by email at Reed@Tekmerioncapital.com, or by letter to Tekmerion Capital Management, L.P., 40 Worth Street, 10th Floor, New York, NY 10013.