Please read this important legal information (the “Legal Notice”) before proceeding, as it explains certain restrictions imposed by law on the distribution of this information and the countries in which Pulse Capital Partners, LLC’s products are authorized for sale. It is your responsibility to be aware of and to observe all applicable laws and regulations of any relevant jurisdiction. By accessing and using the www.pulsecp.com website and any pages thereof (the “Site”), you acknowledge that you have reviewed the Legal Notice and understand and agree to the terms and conditions contained herein. If you do not agree to the terms and conditions below, do not access or use this Site in any way.
This Legal Notice is governed by the laws of the State of New York, United States, and the New York courts shall have exclusive jurisdiction over any matter arising out of this Legal Notice or from your accessing of the Site.
General Provisions. This Site offers certain information about the approach of Pulse Capital Partners, LLC and its affiliates (“Pulse”) to providing investment funds and advisory management services. The information provided on the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution, publication or use would be contrary to local law or regulation or in which Pulse does not hold any necessary registration or license. Individuals or legal entities in respect of whom such prohibitions apply, whether on grounds of their nationality, their place of residence or on other grounds, must not access or use the Site.
Use of Information and Material. This Site and the information herein is for general information purposes only. In addition, the information and materials contained in this Site and the terms and conditions of the access to and use of such information and materials are subject to change without notice. Not all products and advisory or management services are available in all geographic areas. Your eligibility for particular products and advisory or management services is subject to local law and regulation. Unauthorized use of the Site and Pulse’s systems, including but not limited to unauthorized entry into Pulse’s system, misuse of passwords or misuse of any information posted on this Site, is strictly prohibited. Your eligibility for a particular product or service is subject to final determination by Pulse.
Ownership. Copyright © Pulse. All Rights Reserved. All content of the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement and “look and feel” of the Site, is, unless otherwise specifically stated, owned by Pulse and is protected by copyright, database rights or other intellectual property rights. Pulse will enforce such rights to the full extent of applicable law. Except as otherwise agreed in writing or to the extent necessary to use the Site in accordance with these terms and conditions, you shall not: (1) copy the Site in whole or in part (except to make backup copies solely for disaster recovery purposes); (2) display, reproduce, create derivative works from, transmit, sell, distribute, rent, lease, sublicense, time-share, lend or transfer or in any way exploit the Site in whole or in part; (3) embed the Site into other products; (4) use the Site in any timesharing arrangement; (5) create function calls or other embedded links from any software program to the Site; (6) remove or obscure any copyright notice of Pulse or any of its suppliers; (7) use any trademarks, service marks, domain names, logos, or other identifiers of Pulse or any of its third party suppliers; or (8) except to the extent permitted under by law, reverse engineer, decompile, disassemble, or access the source code of the Site. Nothing in the Site is designed to grant any license or right to use any image, trademark or logo. No act of downloading or otherwise copying from the Site will transfer any legal entitlement to any software or material on the Site to you. Pulse reserves all intellectual property rights (such as copyright and trademark rights) to all material on the Site, and will enforce such rights to the full extent of applicable law.
Registration and Licenses. Some entities, advisory or management services and products of Pulse are not registered or licensed under applicable U.S., United Kingdom, Canadian or other financial services laws and regulations.
No Advice, Offers or Solicitations. The information and materials in this Site should not be construed as to provide tax, legal or investment advice. In addition, the information and materials herein shall not constitute an offer or solicitation, or an offer to sell, shares of any of the funds or any advisory or management service in any jurisdiction. Shares of any funds may only be made by the private placement memorandum or offering particulars for the relevant fund, and only to investors who meet certain eligibility requirements. The type of securities mentioned may not be suitable for everyone. USERS ARE URGED TO BASE THEIR INVESTMENT DECISIONS UPON A THOROUGH INVESTIGATION AND TO OBTAIN ALL NECESSARY PROFESSIONAL ADVICE.
Passwords and Security. Access to any password-protected portion of the Site requires that a user obtain a username and password from Pulse. In consideration of being granted a username and password and permitted access to certain portions of the Site, you hereby acknowledge having read and understood this Legal Notice and agree to be bound thereby. Subsequent use of any username and password issued by Pulse shall be deemed to constitute full acceptance and understanding of the terms and conditions in this Legal Notice. Any use of or action taken under your password on the Site and maintaining the confidentiality and security of your password is your sole responsibility. In addition, full responsibility for all activity conducted through your account is your sole responsibility, and you hereby release Pulse from any and all liability concerning such activity. You must immediately notify Pulse of any actual or suspected loss, theft or unauthorized use of a user’s username or password. Pulse has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above.
Please note that when using any Internet facility (such as this Site), data is transported over an open network that is accessible to third parties and may not be secure and there is a risk that information may be corrupted or interrupted during transmission or that any encryption technology may not provide complete protection. Data is also regularly transmitted across international borders. This also applies to data transfers where both the sender and recipient are located in the same country.
Investigation and Disclosure of Information. Pulse has the right, but not the obligation, to monitor any activity and material associated with the Site. Pulse may investigate any complaint or reported violation of its policies and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspending or terminating your use of all or any portion of the Site and denying you access to all or any portion of the Site. Pulse also reserves the right to report any activity that it suspects may violate any law or regulation to appropriate law enforcement officials, regulators, or other persons or entities. In order to cooperate with governmental requests, to protect Pulse’s systems and other users, to ensure the integrity and operation of the Site, business or systems, or otherwise to comply with the law and legal process, Pulse may access and disclose any information it considers necessary or appropriate.
Past Performance. Past performance is no indication of future performance, and nothing on this Site should be interpreted to state or imply otherwise. The value of investments may fall as well as rise and investors may not get back the full amount invested. Changes in rates of foreign exchange may cause the value of investments to go up or down.
US Persons. For US citizens, Pulse is required to obtain certain information about you and to confirm your status as an “accredited investor” (as defined in Regulation D under the US Securities Act of 1933, as amended) before Pulse can give you access to certain private areas of the Site. Pulse may not allow you access to certain areas of the Site if you do not meet certain eligibility and suitability requirements.
Third Party Links. The Site may contain hyperlinks (or “links”) to Internet websites of third persons and entities. Pulse may provide such links solely as a convenience to its users or has no control over the content on such third party website. Pulse does not maintain and is not responsible or liable for any off-Site web pages accessible from or linked to the Site or any products, services or information contained, offered or promoted therein. Use of links to any third person via the Site is at your own sole risk. No warranties, either express or implied, concerning the content of such Site are made, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does Pulse warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. No guarantee as to the authenticity of documents on the Internet is given. Links to off-Site web pages do not necessarily constitute sponsorship or affiliation of, with or by Pulse and should not be construed as such. All opinions, recommendations, views, news, information and other content contained in any third person sites are solely those of the third persons, and Pulse disclaims all responsibility and liability for such content.
Risks in Relying on the Information and Materials Contained in the Site. Pulse makes reasonable efforts to provide accurate information on the Site. Pulse may change all or any portion of the Site at any time without notice to you. There may be delays, omissions or inaccuracies in the information. Pulse does not endorse the opinions of, or warrant the accuracy of facts or other information or materials contributed by, any third party. Pulse has no obligation or responsibility to undertake, update or amend any such information. The information contained in this Site is as of the dates expressly stated herein, and no implication is being made that there has been no change in such information subsequent to such dates.
No Liability for Technological Problems. All or any portion of the Site may not be available and may not function properly at any time. Pulse makes reasonable efforts to avoid technological problems, but at any time the Site may have and may cause technological problems such as viruses and other damaging computer programming routines or engines.
Disclaimers of Warranties. THE SITE AND ALL INFORMATION AVAILABLE ON OR VIA THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, RELIABILITY, ACCURACY, COMPLETENESS, TIMELINESS OR SEQUENCING OF THE SITE OR THE CONTENT, PRODUCTS OR SERVICES AVAILABLE ON OR VIA THE SITE; (2) ANY WARRANTIES OF TITLE OR EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS; (3) THE RESULTS TO BE OBTAINED BY ANY USER OF THE SITE; AND (4) ANY THIRD PARTY CONTENT ACCESSIBLE ON OR THROUGH THE SITE. PULSE DOES NOT WARRANT THAT THE SITE OR ANY CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVERS FROM WHICH IT IS AVAILABLE WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS, SOFTWARE BOMBS OR SIMILAR ITEMS OR PROCESSES OR OTHER HARMFUL COMPONENTS.
ANY EXPRESSIONS OF OPINION, ESTIMATES AND PROJECTIONS ON THE SITE ARE THOSE OF THE AUTHORS AT THE DATE OF WRITING. THEY DO NOT NECESSARILY REFLECT THE VIEW OF PULSE AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT PRIOR WARNING. PULSE AND ITS CONTRACTUAL PARTNERS MAY DISCONTINUE, OR MAKE CHANGES IN, THE INFORMATION, DATA AND DOCUMENTS, AND THE PRODUCTS OR SERVICES DESCRIBED HEREIN, AT ANY TIME WITHOUT PRIOR NOTICE. ANY INFORMATION MARKED WITH A DATE IS PUBLISHED AS OF THIS DATE ONLY AND NO OBLIGATION OR RESPONSIBILITY IS UNDERTAKEN TO UPDATE OR AMEND ANY SUCH INFORMATION.
Limitation of Liability. IN NO EVENT SHALL PULSE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS LEGAL NOTICE, THE SITE, THE INABILITY TO USE THE SITE OR ANY PRODUCTS, SERVICES OR CONTENT PURCHASED, OBTAINED OR STORED IN OR FROM THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF PULSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS PARAGRAPH, THESE LIMITATIONS ALSO APPLY TO ANY THIRD PARTY CLAIMS AGAINST USERS.
Indemnity. You agree to indemnify, defend and hold harmless Pulse from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising from or relating to: (a) your use of the Site; (b) your breach of any terms and conditions contained in this Legal Notice or any representation, warranty or covenant made by you herein; or (c) your violation of any applicable law, statute, ordinance, regulation or any third party’s rights. This obligation survives the termination of this Legal Notice.
Modifications. Pulse reserves the right to change the terms and conditions under which this Site is offered without further notice to you. Your continued use of this Site shall signify your agreement with and understanding of any additional or modified terms or conditions applicable to this Site, which additions and modifications can be made at any time, without notice.
Termination. This Site and access to it can be terminated at any time, with or without notice, and for any reason. Termination of your access to and use of the Site does not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Pulse.
Assignability. This Legal Notice will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. Pulse may assign the terms and conditions under this Legal Notice in whole or in part at any time without your consent. Your obligations contained in this Legal Notice shall not be assigned or delegated. Any purported assignment of the terms and conditions contained in this Legal Notice in violation of its terms shall be void.
No Waiver of Rights. No failure of either party to enforce any of its rights under this Legal Notice will act as a waiver of such rights.
Enforceability. If any portion of any provision of this Legal Notice is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of this Legal Notice shall remain in full force and effect.
Headings. Headings used in this Legal Notice are for convenience only. They do not constitute part of this Legal Notice.