No Advisory Services
This Internet communication nor any of the TPC Content (as defined below) are intended as an offer to sell, or the solicitation of an offer to purchase, any security, the offer and/or sale of which can only be made by definitive offering documentation. Any offer or solicitation with respect to any securities that may be issued by any investment vehicle managed by Trust Pacific Capital LLC or any of its affiliated entities will be made only by means of definitive offering memoranda and in accordance with the relevant securities and other laws of applicable jurisdictions.
The TPC Sites and all of their content (including but not limited to all text, images, graphics, services and other visuals), code, software, data and other materials thereon (collectively, the “TPC Content”), the look and feel of the TPC Sites, and the design and organization of the TPC Sites, and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to TPC, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You are hereby granted a non-exclusive license to use the TPC Content, but only while accessing this TPC Sites. You are also granted a limited license to print copies of any Content posted at the site, but only for your personal use. TPC Content is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company. TPC reserves all rights not expressly granted in and to the TPC Sites and the TPC Content. You agree to not engage in the use, copying, or distribution of any of the TPC Content other than as expressly permitted by TPC, including any use, copying, or distribution of third parties' materials obtained through the TPC Sites for any commercial purposes. Use of any of the Marks for commercial purposes also is strictly prohibited without prior written consent of the respective owners. If you download or print a copy of any TPC Content for personal use, you must retain all and may not modify any copyright and other proprietary notices contained therein.
By submitting Submitted Materials on an TPC Site, you: (i) represent and warrant that you have the necessary licenses, rights, consents and permissions to use such Submitted Materials and submit them to the TPC Sites; and (ii) you grant us (and our affiliates) a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use the Submitted Material (in whole or part) in any manner and/or to incorporate it (in whole or in part) in other works (including, without limitation, the TPC Site), products or services in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Material that you provide to the Site, and we may delete or destroy any such Submitted Material at any time.
Without limitation of the other terms and conditions set forth herein, while accessing or using any TPC Site, TPC Content and the various other features available on the TPC Sites, you agree that you shall not: impersonate any person or entity or misrepresent your affiliation with any other person or entity; use, redistribute, republish or exploit any part of the TPC Sites or any TPC Content for any commercial or promotional purposes; obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided for through the TPC Sites; engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on any of the TPC Sites, or obtaining lists of users or other information from or through the TPC Sites, including, without limitation, any information residing on any server or database connected to any TPC Site; interrupt, damage, disable, overburden or impair the TPC Sites or interfere with any other party's use and enjoyment of the TPC Sites, such as sending mass unsolicited messages or “flooding” servers with requests; circumvent, reverse engineer, decrypt, or otherwise alter or interfere with (or attempt, encourage or support anyone else’s attempt to do any of the foregoing) the TPC Sites or their services or any software on the Site; violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right; or submit any information to TPC Sites, in violation of any applicable law, rule or regulation.
The Company has not necessarily reviewed any or all of the sites to which links appear on the TPC Sites and is not responsible for their contents. We provide links from the TPC Site as a convenience to our visitors. We have no control over the content posted at third party sites and make no representations about any content or material available at these locations, the use of and reliance on which is at the user's own risk. Links are not intended to imply sponsorship, affiliation or endorsement. If you believe that we have provided a link to a site that contains infringing or illegal content or which makes available cracker tools or other circumvention devices, we ask that you notify us so that we may evaluate whether (in our sole discretion) to disable it.
When you register with the private section of any of the TPC Sites where applicable, you will be asked to supply a password. You must keep your password confidential, and are responsible for all use of your password and account.
THE MATERIAL, FUNCTIONS, INFORMATION AND TPC CONTENT ON THE TPC SITES MAY CONTAIN TECHNICAL, TYPOGRAPHICAL OR OTHER ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. THE COMPANY DOES NOT WARRANT THAT ANY MATERIAL OR INFORMATION ON THE TPC SITES IS ACCURATE, COMPLETE OR CURRENT. THE COMPANY MAY CHANGE ANY MATERIAL OR INFORMATION ON THE TPC SITES AT ANY TIME WITHOUT PRIOR NOTICE, BUT THE COMPANY DOES NOT MAKE ANY COMMITMENT TO UPDATE OR REMOVE MATERIAL OR INFORMATION ON THE TPC SITES. THE COMPANY MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE TPC SITES IS APPLICABLE, LAWFUL OR APPROPRIATE FOR ACCESS OR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES AND ITS TERRITORIES AND POSSESSIONS.
WITHOUT LIMITING THE FOREGOING OR ANYTHING ELSE SET FORTH IN THIS AGREEMENT, THE TPC SITES AND ALL OF THEIR CONTENTS ARE MADE AVAILABLE BY THE FUND "AS IS," WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR ACCURACY, SECURITY OF INFORMATION, OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. THE COMPANY MAKES NO WARRANTY THAT THE TPC SITES, IN WHOLE OR IN PART, WILL MEET USERS’ SYSTEM REQUIREMENTS. USERS OF THE TPC SITES ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY AND PERFORMANCE OF THE TPC SITES AND THEIR CONTENTS AND ACKNOWLEDGE THAT THE TPC SITES AND THEIR CONTENTS MAY BE REVISED, ALTERED AND CHANGED FROM TIME TO TIME IN THE SOLE DISCRETION OF THE COMPANY. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT ANY TPC SITE WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE TPC SITES OR ANY SITE REFERRED OR LINKED TO HEREIN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN ANY TPC SITE OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, OR CONTENTS FROM OR TO THE TPC SITES. IF YOU ARE DISSATISFIED WITH ANY TPC SITE, YOU SHOULD DISCONTINUE USING THE SITE.
You agree to defend, indemnify and hold the Company, its affiliates, its investment adviser and their affiliated directors, officers, members, partners, employees, agents and representatives harmless from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, arising in any way from (i) your use of the TPC Sites or the TPC Content, (ii) your Submitted Materials, or (iii) your breach or violation of law or this Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with any such defense.
The Company operates the TPC Sites from its facilities in California in the United States of America. Use of the TPC Sites and TPC Content, all transactions arising from use of the TPC Sites, and this Agreement, shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the state of California in the United States of America, without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. Any dispute between the Company or its affiliates and any user of the TPC Sites will be resolved by a state or federal court situated within the county of Los Angeles in the state of California, and each user hereby irrevocably submits to the personal jurisdiction of such courts for that purpose. The parties hereby agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.
We may terminate, change, suspend or discontinue any aspect of the TPC Sites at any time. We may restrict, suspend or terminate your access to the TPC Sites and/or to any TPC Content if we believe in our sole discretion that you are in breach of this Agreement or applicable law, or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of the Company, our users, or any other person.
Every provision of this Agreement shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible.
Any section headings or titles in this Agreement are inserted for convenience only and shall have no other meaning.
Statements included herein may constitute “forward-looking statements,” which relate to future events or the Company or its affiliates’ future performance or financial condition. These statements are not guarantees of future performance, condition or results, reflect our subjective judgment and should not be relied upon in making investments. Actual results and condition may differ materially from those in the forward-looking statements as a result of a number of factors. We can make no assurance that our future performance will match our expectations. You should not rely on the information contained on this site. Links from the TPC Sites likewise are not intended to incorporate by reference or endorse any third-party statements about our financial condition or future earnings.