Website Terms of Use

By using this website, defined.capital (the “Site”), you are knowingly and willingly agreeing to be bound by these Terms of Use Agreement (the “Terms”) and our Privacy Policy, and you understand that the Terms shall constitute a binding and enforceable contract between you and Defined Capital Management, LLC, and its affiliates, including managed funds (collectively, “Defined Capital”). These Terms of Service and any additional terms and conditions, policies, agreements and disclosures to which you have agreed are hereafter referred to collectively as the “Agreement”. Please read these Terms of Service carefully.

1.     Introduction

By accessing this Site, you agree that your access to and use of the Site, including any Content (as defined below) provided by Defined Capital shall be exclusively governed by the terms and conditions set forth in these Terms. You should read the terms and conditions of this Agreement carefully, as your access and use of the Site are expressly conditioned upon your acceptance of these Terms. Defined Capital may refuse access to and usage of the Site to anyone at any time, in its sole discretion. Defined Capital reserves the right to modify or discontinue the Site without notice, or change the terms and conditions governing your access to and use of this Site, at any time.

2.     Purpose of the Site; No Offer of Securities; No Advice

‍The Site is intended to provide an overview of fund managed by Defined Capital, and is for general information purposes only. The Site is not intended to provide investing, accounting, tax or legal advice. You should consult your own investment, legal and/or tax professionals regarding your specific situation.

Defined Capital makes no representations that materials at this Site are appropriate for use in all locations, or that transactions, securities products, instruments or services discussed at this Site are available or appropriate for sale or use in all jurisdictions, or by all investors or counterparties. Those who access this site do so on their own initiative, and are responsible for compliance with applicable local laws or regulations.

‍UNDER NO CIRCUMSTANCES SHOULD ANY MATERIAL AT THIS SITE BE USED OR CONSIDERED AS AN OFFER TO SELL OR A SOLICITATION OF ANY OFFER TO BUY SECURITIES, ANY OTHER INSTRUMENTS OR INTERESTS OF ANY FUND (DESCRIBED BELOW), WHETHER OR NOT SPONSORED OR MANAGED BY DEFINED CAPITAL. ANY SUCH OFFER OR SOLICITATION CAN AND WILL BE MADE ONLY BY A PROSPECTIVE INVESTOR WHO SUBMITS A SUBSCRIPTION AGREEMENT COMPLETED AFTER RECEIVING THE FUND’S PRIVATE OFFERING MEMORANDUM OR EXPLANATORY MEMORANDUM, PROVIDED SUCH PROSPECTIVE INVESTOR RESIDES ONLY IN A JURISDICTION IN WHICH SUCH AN OFFER WOULD BE LAWFUL AND MEETS THE INVESTOR SUITABILITY AND SOPHISTICATION REQUIREMENTS THAT ARE DETERMINED FROM TIME TO TIME BY DEFINED CAPITAL IN ITS SOLE AND ABSOLUTE DISCRETION.

While Defined Capital uses reasonable efforts to obtain information from reliable sources, Defined Capital makes no representations or warranties as to the accuracy, reliability or completeness of any information or document on this Site. Opinions and any other contents on this Site are subject to change without notice. Defined Capital is not utilizing this Site to provide investment or other advice to you or any other party, and no information or material on this Site is to be relied upon for the purpose of making or communicating investment or other decisions.

All materials on this site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures and any copyright or proprietary notices. Any disclaimers, restrictions, disclosure or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

3.     Summary of Risk Factors

Investments in investment funds, including the Defined Fund, LP (the “Fund”) managed by Defined Capital, are speculative and involve a high degree of risk and are intended only for experienced and sophisticated investors. There are unique risks involved when investing in a particular investment fund. You should carefully review the offering materials and related information for specific risk and other information before investing in the Fund. This Site does not list, and does not purport to list, the risk factors associated with an investment in the Fund.

4.     Confidentiality, Intellectual Property Rights

Defined Capital owns and maintains this Site. The images, text, information, software, code, material, trademarks, trade names, logos and service marks displayed at this Site (collectively, the “Content”) are the intellectual property of Defined Capital. Nothing on this Site shall be construed as granting by implication, estoppel or otherwise any license or right to use any of the Content of the Site. No act of downloading or otherwise copying from this Site will transfer title to any software or material on this Site to you. Anything that you transmit to this Site becomes the property of Defined Capital, may be used by Defined Capital for any lawful purpose, and is further subject to disclosure as deemed appropriate by Defined Capital including to any legal or regulatory authority to which Defined Capital is subject. Defined Capital reserves all rights with respect to copyrights, service mark and trademark ownership of all Content at this Site and will enforce such rights to the full extent of the law. Unless information contained on the Site is otherwise public information, all Content contained on the Site is considered to be confidential information (including the Site’s features, functions, options, tools, capabilities, format and layout, etc.), and you agree not to copy, republish or redistribute any of the Content or disclose the same to any third parties unless and only to the extent Defined Capital has given you written permission to do so.

5.     Disclaimers

The Site is operated by Defined Capital on an “AS IS,” “AS AVAILABLE” basis, without representations or warranties of any kind. DEFINED CAPITAL DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, Defined Capital does not represent or warrant that the Content on the Site is accurate, reliable, complete or current or that the Site will operate without interruption or error. Defined Capital makes reasonable efforts to avoid technological problems, but at any time the Site may have and may cause problems, such as viruses or other harmful components. Defined Capital shall not be liable for any action you take or any decision you make in reliance on the Site. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

6.     Limitation of Liability

Under no circumstances, shall Defined Capital and its affiliates or any of their employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use the Site. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether by statute, law or in contract, negligence or other tortuous action, even if an authorized representative of Defined Capital or its affiliates has been advised or should have known of the possibility of such damages. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. In no event shall the total liability of Defined Capital or any of its affiliates for any and all damages and causes of action exceed the amount paid by you, if any, for the use of this Site.

7.     Governing Law and Venue

Unless otherwise indicated in Other Agreements, the laws of the Commonwealth of Pennsylvania, United States of America, without regard to conflict of laws, govern these Terms and any dispute that might arise between you and Defined Capital. Unless a dispute would be governed by an applicable arbitration clause, if you take legal action relating to these Terms, you agree to file such action either in the Court of Common Pleas of Philadelphia Count, Pennsylvania, or the United States District Court for the Eastern District of Pennsylvania and in no other venue, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.

8.     Contact

You may contact us if you any questions about these Terms by sending an e-mail to team@defined.capital.