By accessing this website and any materials presented herein (the “Website”), you will be deemed to have accepted the following terms and conditions (as may be modified or otherwise changed, these “Terms and Conditions”). If you do not agree to these Terms and Conditions, you may not access or use the Website. 5th Level Capital Management Company, LLC and its affiliates (“5th Level Capital”, “us”, “we” or “our”) reserve the right, at our discretion, to modify and otherwise change these Terms and Conditions, without notice, at any time. Any such modifications or other changes of provisions, shall be effective upon posting to the Website. You acknowledge and agree that 5th Level Capital may temporarily or permanently restrict, suspend or terminate these Terms and Conditions and/or your access to, and use of, all or any part of the Website or its contents in 5th Level Capital’s sole and absolute discretion and without prior notice or liability. We reserve the right to deny, revoke or suspend the right of any person to access or use this Website at any time.
1. No Offers or Reliance.
The materials on the Website are intended to provide general information about 5th Level Capital and should not be construed as an offer, solicitation, inducement, invitation or commitment to purchase, subscribe to, provide or sell any securities, service or product or to provide any investment, financial, legal, regulatory, accounting, tax or other advice or to make any decision based on such information. Visitors to this Website are encouraged to engage their respective legal, financial, personal and other consultants prior to making any investment or financial decision or purchasing any financial instruments, securities or investment related service or product. The information provided on the Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be restricted or prohibited by law or regulation. Those who access this Website do so of their own initiative and are responsible for compliance with applicable local laws and regulations.
2. Past Performance is Not Indicative of Future Results.
Past performance is not indicative of future results. No representation or warranty of any kind 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 or total losses will be avoided. Any investments listed on this Website are included as representative transactions and are not necessarily reflective of overall or future performance. It should not be assumed that recommendations made in the future will be similar or will achieve the level of performance of the investments on the Website.
3. Disclosures and Forward-Looking Statements.
The information contained on the Website may contain “forward-looking statements” within the meaning of the US securities laws and reflect the current view of 5th Level Capital with respect to, among other things, future events and financial performance. Forward-looking statements can be identified by terminology such as “outlook,” “believe,” “expect,” “potential,” “continue,” “may,” “will,” “should,” “could,” “seek,” “approximately,” “predict,” “intend,” “plan,” “estimate,” “anticipate,” “opportunity,” “comfortable,” “assume,” “remain,” “maintain,” “sustain,” “achieve,” “see,” “think,” “position” or the negative version of those words or other comparable words.
ALL forward-looking statements contained on the Website are based on historical information and/or 5th Level Capital’s current plans, estimates and expectations. The inclusion of this or other forward-looking information should not be regarded as a representation by 5th Level Capital or any other person that the future plans, estimates or expectations contemplated by 5th Level Capital will be achieved. Actual results could differ materially from those anticipated in these forward-looking statements and future results could differ materially from historic performance. We caution that forward-looking statements are subject to numerous assumptions, estimates, risks and uncertainties because they relate to events and depend on circumstances that may or may not occur in the future. 5th Level Capital’s actual results may vary materially from those indicated in these statements. 5th Level Capital does not undertake to update any forward-looking statement, whether as a result of new information, future developments or otherwise.
4. Intellectual Property Rights; Licenses.
All rights in, to and under the Website (including, for the avoidance of doubt, all of its contents) are owned by 5th Level Capital or its licensors, which hereby expressly reserve all right, title and interest therein. Except for the express limited right granted under these Terms and Conditions, we and our licensors reserve all rights to the Website (including, for the avoidance of doubt, all of its contents). Subject to your compliance with and acceptance of these Terms and Conditions, 5th Level Capital grants you a limited, revocable, nonexclusive, non-sub-licensable and nontransferable license to access and use information contained on the Website solely for your own internal informational purposes only; provided, that, in no event are you being granted any license or other right, title or interest in or to the trademark “5th Level Capital” or any of our other trademarks, service marks, logos or trade dress. You hereby grant to 5th Level Capital a perpetual, nonexclusive, irrevocable, royalty-free, fully paid up, fully assignable, fully sub-licensable right and license to use, adapt, create derivative works from or exercise any rights under, in each case without restriction, any information, image, text, data or other material that you transmit to the Website, subject to the Privacy Policy set forth below.
5. Password-Protected Areas.
Portions of the Website are password-protected and accessed only by users who have been issued passwords by an authorized representative of 5th Level Capital. To the extent you have been provided a password, you agree to only use your authorized user name and password to access any password-protected portion of the Website, and access such portions solely in accordance with these Terms and Conditions. No one may obtain or attempt to obtain unauthorized access to such password-protected parts of the Website through any means not intentionally and specifically made available by 5th Level Capital for their specific use. Any unauthorized access and attempts to access any portion of the Website, including any password-protected portions of the Website, will be subject to criminal and civil prosecution.
6. Privacy Policy.
When you use public portions (i.e., non-password protected) of the Website, we (or our service providers on our behalf) collect the following information: the number of visitors to the Website, geolocation information regarding the visitors, keywords used by visitors, browser type and IP addresses. We currently do not collect any personally identifiable information from our Website visitors.
Privacy Protection
For our current investors, we consider privacy to be fundamental to our relationship. We are committed to maintaining the confidentiality, integrity and security of our current and former investors’ non-public information. While we do not currently collect such information through this Website, we may in the future, depending on whether we set up a password-protected portal and if our investors choose to interact with 5th Level Capital through such portal. As a future reference, we have developed internal policies to protect the confidentiality of our individual investors while allowing investors’ needs to be met. These policies are outlined below.
We respect our investors’ right to privacy. We also know, however, that they expect us to conduct our investment program in an accurate and efficient manner. To do so, we must collect and maintain certain non-public information about investors. We collect this information from sources such as subscription agreements and related forms and transactions that investors have conducted with us, our affiliates, or third parties.
We may disclose non-public personal information we collect about investors to our affiliates (including those who are involved in the operation, administration or management of, or the sale of interests in the funds in which Investors have invested) and nonaffiliated service providers, as permitted by law and regulations.
7. Other Applicable Terms and Conditions
5th Level Capital enters into contracts with its investors in connection with funds managed by 5th Level Capital and with counterparties in connection with investments made by 5th Level Capital. In the event of any conflict between the terms and conditions of any such contracts and these Terms and Conditions, the terms and conditions of such contracts will govern.
8. Third Party Websites.
The Website may provide links to third-party websites that are not under the control of 5th Level Capital. All links to such third-party websites are provided for convenience only. 5th Level Capital is not responsible for the content, products, or services that may be contained on the linked third-party websites. Visitors cannot link our Website to another website without our express permission. We reserve the right to deny, revoke or suspend (including by taking affirmative actions to block) any linking or other association undertaken by third parties to or from our Website, without any notice, obligation or liability.
9. NO WARRANTY; INFORMATION AND SERVICES PROVIDED “AS IS”.
5th Level Capital AND ITS OFFICERS, DIRECTORS, MEMBERS, PARTNERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES (THE “5th Level Capital PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND INCLUDING REGARDING THIS WEBSITE AND/OR THE ACCURACY, ADEQUACY, RELIABILITY, TIMELINESS, COMPLETENESS, SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION, MATERIALS AND SERVICES CONTAINED ON OR PRESENTED THROUGH THE WEBSITE. THIS WEBSITE AND ALL SUCH INFORMATION, MATERIALS AND SERVICES ARE PROVIDED “AS IS”, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, AND ON AN “AS IS, WHERE IS” 5TH LEVEL CAPITAL, WITH ALL FAULTS. YOU ASSUME ALL RISKS OF ACCESSING AND USING THIS WEBSITE AND ANY INFORMATION, MATERIALS AND SERVICES PROVIDED HEREIN. 5th Level Capital, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE WEBSITE, ANY MATTER RELATED TO THE WEBSITE AND SUCH INFORMATION, MATERIALS AND SERVICES MADE AVAILABLE ON THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY. THE 5TH LEVEL CAPITAL PARTIES ASSUME NO RESPONSIBILITY FOR, AND MAKE NO REPRESENTATIONS OR WARRANTIES THAT, INFORMATION, SERVICES OR FUNCTIONS CONTAINED AT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER HARMFUL COMPONENTS, OR THAT ANY COMMUNICATIONS TO OR FROM THE WEBSITE WILL BE SECURE OR UNALTERED.
10. Governing Law; Consent to Jurisdiction; Notices; Construction.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, without reference to its conflicts of law provisions. You agree that any dispute or action at law or in equity arising out of or relating to these Terms and Conditions or your use of the Website may be commenced in the state or federal courts located in the Northern Texas District, Texas, U.S.A. and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such dispute or action. Any notice to 5th Level Capital shall be given in writing and sent by registered mail to 5th Level Capital Management Company, LLC, 421 Century Way, Red Oak, TX 75154, Attention: Chief Compliance Officer, or at such successor address as designated by 5th Level Capital. If any provision of these Terms and Conditions is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms and Conditions shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction. No waiver at any time by us of any of these Terms and Conditions will be deemed a waiver of any other provision of these Terms and Conditions at that time nor deemed a waiver of that or any other provision at any other time. Headings are used for convenience only and shall be of no force or effect.