Magnitude Capital

Terms of Use

This website is the property of Magnitude Capital, LLC (“Magnitude” or “we” or “our”). This website and all functionality available through the website (“Website”) have been developed and are maintained by Magnitude for informational purposes only. Please carefully read the following important terms and conditions of use (the “Terms of Use”). These Terms of Use govern your (you and the entity you represent, referred to herein collectively as “you” and “your”) access to and use of this Website including any and all of the content of this Website (the “Content”).

You agree and acknowledge that by using this website, you are agreeing to be bound by these terms of use. These terms of use are a binding contract between you and Magnitude. If you do not accept these terms of use in their entirety, you must not use this website or any portion hereof.

No Investment Advice or Financial Services; No Offering of Securities. You acknowledge and agree that neither this Website, nor the Content constitutes or will be construed to constitute (i) investment advice by Magnitude; (ii) the offer to sell or the solicitation of an offer to buy any securities, financial instruments, or financial products (including without limitation, any securities, instruments or products referenced herein); (iii) the opinion of Magnitude with regards to any securities, financial instruments or products, or financial markets; (iv) the recommendation to buy or sell securities, financial instruments, or financial products (including without limitation, any securities, instruments, or products referenced herein); or (v) tax, legal, or financial planning advice by Magnitude.

No Assurances. No assurances can be made that any goals, aims, beliefs, expectations, assumptions, and/or strategies discussed in, or implied by, this Website or the Content will be realized (or were previously realized).

Alternative Investments. Magnitude’s investments involve alternative investment strategies. Alternative investment strategies are speculative and entail substantial risks, including without limitation, risks associated with illiquidity and use of leverage.

Prohibited Access in Certain Jurisdictions. This Website and the Content are not directed to, or intended for distribution to or use by, any person or entity that is a citizen or resident of, or located in, any locality, state, country, or other jurisdiction where such distribution, publication, availability, or use would be contrary to law or regulation. You agree that it is your responsibility to satisfy yourself as to the full observance of laws of any relevant jurisdiction, including obtaining any government or other consent that may be required and observing any other formality that needs to be observed in that jurisdiction.

Access Restrictions. Magnitude grants you a limited, revocable right to access and use the Website, subject to the restrictions and prohibitions, as provided herein. You will not remove, alter, or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website or Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit the Website or Content. Further, you agree that you will not utilize any automated means, including without limitation web spidering, to obtain Content from this Website.

Disclaimer of Warranties. Your use of this Website and the Content is at your sole discretion and risk. This Website, and the Content are provided on an as is and as available basis without warranties of any kind from Magnitude or its affiliates, or any of their partners, members, officers, or employees (collectively, “Magnitude Parties”). Magnitude and the other Magnitude Parties expressly disclaim all warranties of any kind, express, implied, or statutory, relating to this website, the content and/or user-provided information, including without limitation the warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing or course of performance. The Magnitude Parties disclaim any warranties, express or implied (i) regarding the availability, security, accuracy, reliability, timeliness and performance of this website and/or the content; (ii) that this website will be error-free or that any errors will be corrected; or (iii) regarding the performance of or accuracy, quality, currency, completeness or usefulness of any information provide d through this website including but not limited to, the content. No advice or information, whether oral or written, obtained by you from any Magnitude Party outside of the scope of the use of this Website, will create any warranty not expressly stated in these Terms of Use. If you choose to rely on such information obtained from or in connection with the Website, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

Limitation of Liability. In no event will Magnitude or any other Magnitude Party be liable to you for any damages whatsoever, including without limitation direct, indirect, incidental, special, punitive, or consequential damages, arising out of or in connection with your use of this website and/or the content, including but not limited to the quality, accuracy, or utility of the information provided as part of or through this website, whether the damages are foreseeable and whether or not Magnitude or any Magnitude Party has been advised of the possibility of such damages. The foregoing limitation of liability will not apply to the extent not enforceable under law in the applicable jurisdiction.

Indemnification. You agree to defend and indemnify Magnitude and the Magnitude Parties and to hold them harmless from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your material violation of any of these Terms of Use; (ii) your violation of any third-party right, including without limitation any intellectual property right, property, or privacy right; or (iii) any claim related to your distribution of any Content or User.

Third-Party Links. Magnitude has not necessarily reviewed third-party sites linked to this Website and is not responsible for the content of such third-party sites or any other site linked or linking to this Website. Your review of any third-party sites is at your own risk. Magnitude makes no representations about, nor endorses, the opinions expressed by any third-party site. Further, Magnitude disclaims all responsibility for the content of third-party sites.

General. If any provision in these Terms of Use is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of any party to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. These Terms of Use will not be construed to imply that either party is the agent, employee, partner, or joint-venturer of the other. These Terms of Use will be governed by and interpreted in accordance with the laws of the State of New York excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under these Terms of Use will be brought exclusively in courts located in New York, New York, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that these Terms of Use and the rules, restrictions, and policies contained herein, and Magnitude’s enforcement thereof, are not intended to confer and do not confer any rights or remedies on any person other than you and the Magnitude Parties. These Terms of Use constitute the entire agreement between Magnitude and you with respect to the subject matter hereof.

Client Access. Actual and prospective clients may, in Magnitude’s sole discretion, be provided access to the “Client Access” portion of this Website. Such access is password-protected. You are responsible for the confidentiality and use of your client access credentials (i.e., username and password). You agree to contact us immediately if you believe that an unauthorized person has obtained access to your credentials. The portion of the Website and the Content thereof available through the Client Access link may be subject to different terms and conditions on use.