Disclaimers

 

Terms of Use

Terms of Use and Legal Information

By accessing this site, you signify your agreement with and understanding of the following Terms of Use pertaining to both this site and any material contained therein.  This site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this site constitutes your agreement to all such terms, conditions, and notices.  Rising Tide Fund Managers, LLC, NV Management III, LLC and its affiliates (collectively, “Rising Tide”) reserve the right to change the terms, conditions, and notices under which this site is offered without prior notice at any time.

Ownership of Site and Trademarks/Lawful Use

Rising Tide owns and maintains this site.  Nothing on this site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any photograph, image, trademark, logo or service mark on 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 Rising Tide, may be used by Rising Tide for any lawful purpose, and is further subject to disclosure as deemed appropriate by Rising Tide, including to any legal or regulatory authority to which Rising Tide is subject.  Rising Tide reserves all rights with respect to copyright and trademark ownership of all material on this site, and will enforce such rights to the full extent of the law.  This site is for your personal and non-commercial use.  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products, or services obtained from this site.

No Offer of Securities – Disclosure of Interests

Under no circumstances should any material on this site be used or considered as an offer to sell or a solicitation of any offer to buy an interest in any securities or the rendering of personalized investment advice for compensation. The material on this website does not constitute, and may not be used in connection with, an offer or solicitation by anyone in any jurisdiction in which such offer or solicitation is not permitted by law or in which the person making such offer or solicitation is not qualified to do so or to any person to whom it is unlawful to make such offer or solicitation.

No Reliance

While Rising Tide uses reasonable efforts to update the information on this site, Rising Tide makes no representations or warranties as to the accuracy, reliability or completeness of any information on this site.  Opinions, advice and any other content on this website, including the terms and conditions of your use of this service, are subject to change without notice or liability.

Material to be Consulted in its Entirety

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, disclosures 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.

Cookies

This website may utilize “cookies”. A cookie is an element of data that a website can send to your browser and store on your computer’s hard drive. They are used by Rising Tide to determine user activity throughout its website (such as specific pages visited, time spent on those pages, and frequency of visits).  Rising Tide uses this information to analyze usage patterns and, more importantly, to provide you with a more rewarding experience each time you visit the Rising Tide website.  Rising Tide does not use cookies to store or transmit any personally identifiable information about you on the Internet.

No Warranty

The materials on this site are provided “as is” without warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law.  Rising Tide further assumes no responsibility for, and makes no warranties that, functions contained on this site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available will be free of viruses or other harmful components.  Rising Tide shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed, on your computer or other property on account of your accessing or use of this site.  Rising Tide does not make any representation or warranties as to the accuracy, timeliness, suitability, completeness or relevance of any information prepared by any unaffiliated third party whether linked to Rising Tide’s website or incorporated herein. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.

Limitation of Liability

IN NO EVENT SHALL RISING TIDE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFIT, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR THE MATERIAL CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE.  IN NO EVENT SHALL RISING TIDE TOTAL LIABILITY FOR ANY AND ALL DAMAGES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE USE OF THIS WEBSITE.

Certain laws do not allow limitations or implied warranties, or the exclusion or limitation of certain damages.  If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Severability

In the event any of the terms or provisions of these terms and conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These terms and conditions shall be subject to any other agreements you have entered into with Rising Tide.

Disputes

All claims, disputes or disagreements which may arise out of the interpretation, performance or in any way relating to your use of this site and any and all other Rising Tide site(s), shall be submitted exclusively to the jurisdiction of the State or federal courts located in the State of California and the County of San Francisco.  In the event any portion of these Terms of Use is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of these Terms of Use and, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of these Terms of Use. You agree that your breach of these Terms of Use may result in irreparable harm to Rising Tide which cannot be compensated by money damages, and that Rising Tide shall be entitled to obtain injunctive relief for any such breach.

Global Dealing Restrictions

The materials and services on this website are intended for U.S. persons only.  Rising Tide makes no representation that this website is appropriate for use in all locations, or that transactions, securities, products, instruments or services discussed on this website are available or appropriate for sale or use in all jurisdictions, or by all investors or counter parties.  Those who access this website are responsible for compliance with applicable local laws or regulations.

Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and entirely to be performed within the State of California without resort to its conflict of law provisions.

Disclaimers

Rising Tide is a registered investment adviser with an office in San Francisco, CA.  Rising Tide is registered with the U.S. Securities and Exchange Commission (“SEC”). Registration of an investment adviser does not imply any certain level of skill or training. Rising Tide’s website is limited to the dissemination of generic information pertaining to its advisory business and other general investment-related information and links. All such information is provided solely for convenience purposes only and all users thereof should be guided accordingly.

This material presented on this website is for informational purposes only and should not be construed as investment advice. It is not a recommendation of, or an offer to sell or solicitation of an offer to buy, any particular security, strategy or investment product. Any analysis or discussion of investments, sectors or the market generally are based on current information, including from public sources, that we consider reliable, but we do not represent that any research or the information provided is accurate or complete, and it should not be relied on as such. Our views and opinions expressed in any website content are current at the time of publication and are subject to change. There is the possibility of loss and all investment involves risk including the loss of principal.  Past performance is not indicative of future results.