Welcome to the Construct Capital Management, LLC (“Construct Capital”, “Construct” “we”, “us” or “our”) website (“Website”). By accessing the Website, you agree to comply with this binding user agreement (“User Agreement”) between you and Construct Capital, which governs your access and use of the Website and is a legally binding agreement between you and Construct Capital. If you do not accept the terms and conditions of this User Agreement, do not use the Website. Your use of the Website indicates your full acceptance of this User Agreement in its then-current form each time you use the Website. Construct Capital reserves the right to change the terms and conditions at any time. If we change this User Agreement, we will give you notice by posting the revised User Agreement on the Website. We may also post a notice on the Website and/or inform you via e-mail. The changes will go into effect on the effective date shown in the revised User Agreement. If you do not agree with the changes in the User Agreement, your sole remedy is to discontinue the use of the Website. By continuing to use the Website after the new effective date, you agree to be bound by such changes.
The information that we provide is for your information only. Some information provided may not be current, or may have changed since the last time you viewed or downloaded it. All information is subject to change without notice. We do not in any way represent or warrant the accuracy or reliability of any of the information provided, and all information is provided subject to the disclaimers and limitations of liability set forth below.
The material contained in the Website is intended only for financially sophisticated investors and is for their private use. Construct Capital private investment funds rely on private placement exemptions to registration under the Securities Act of 1933 (or the securities laws of any states) and have not been registered as investment companies under the Investment Company Act of 1940. In addition, neither Construct Capital nor any affiliate thereof is registered with the United States Securities and Exchange Commission as an investment adviser under the Investment Advisers Act of 1940.
Nothing on the Website is an offer or solicitation to buy or sell any security, and Construct Capital is not soliciting any action based on the Website. Nothing on the Website is a recommendation that you purchase, sell or hold any security, or that you pursue any investment style or strategy. Nothing on the Website is intended to be, and you should not consider anything on the Website to be, investment, accounting, tax or legal advice. The past performance of any investment, investment strategy or investment style is not necessarily indicative of future performance. Ownership and Proprietary Rights to Content The Website is owned and operated by Construct Capital. Any claims or concerns regarding the Website should be addressed to [email protected].
You acknowledge and agree that the Website contains information, data, software, photographs, graphics, text, images, logos, icons, typefaces, audio and video material, and/or other material protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. The content of the Website is the property of Construct Capital or that of our suppliers or licensors and is protected by U.S. and international copyright laws. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer of, license, sell, create derivative works from, or in any way exploit any of the content, in whole or in part. You may not upload, post, reproduce, perform, or distribute in any way any content without obtaining permission of the owner of the copyright, trademark or other proprietary right.
Construct Capital, and its logos are trademarks of Construct Capital. They may not be used or displayed without Construct Capital’ prior written consent. All other trademarks, product names and company names and logos appearing on the Website are the property of their respective owners, and may be used only with the permission of the particular owner. Password-Protected Areas of Website
Access to certain areas of the Website is reserved for investors in Construct Capital private investment vehicles who have been provided a password. If you have been provided a password, use of that portion of the Website is governed additionally by the confidentiality provisions in the offering documents of the particular fund or funds in which you are an investor.
You expressly understand and agree that: (a) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
(b) We do not warrant or represent that (i) the Website will meet your requirements, (ii) the Website will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Website will be accurate or reliable, (iv) the quality of any services, or information, or other material obtained by you through the Website will meet your expectations, (v) the server that makes the Website available is free of viruses or other harmful components; or (vi) any errors in any software or in the Website will be corrected.
(c) Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and you will be solely responsible for any loss or damage incurred, including, without limitation, damage to your computer system or loss of data that results from the download of any such material. You (and not us or any of our affiliated entities or any of our or their respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to restore your system.
(d) No advice or information, whether oral or written, obtained by you from us or through or from the Website shall create any warranty not expressly stated in this User Agreement. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
You agree that we shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use of or the inability to use the Website, including but not limited to, damages for loss of profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
If you are dissatisfied with any portion of the Website or service you receive through it, or with any of portion of this User Agreement, your sole and exclusive remedy is to discontinue using the Website.
This User Agreement will be governed by and construed in accordance with the laws of the State of Delaware, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to your use of the Website will be filed only in the state or federal courts located in the State of Delaware, and you hereby consent and submit to the personal jurisdiction and venue of such courts for the purposes of litigating any such action.
We make no representation that materials on the Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws.
The Website may contain links to websites controlled and maintained by third parties. We do not have any control over the content of these websites, and we assume no liability or responsibility for such sites, the content contained in them, or the manner in which any information collected on such sites is used.
We may terminate your access, or suspend any user's access to all or part of the Website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider, or us.
If any provision of this User Agreement should be held to be unenforceable or invalid for any reason, then such provision or portion thereof shall be modified or deleted in such manner as to render this User Agreement as modified legal and enforceable to the maximum extent permitted under applicable laws. This User Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Construct Capital without restriction.