Terms and Conditions
Here are our terms of service so you'll know your rights and obligations as well as oursPrivacy Policy
It is Uncap Investment Management LLC’s policy to respect your privacy regarding any information we may collect while operating our website. This Privacy Policy applies to [www.uncapfunds.com] (hereinafter, us, we, our or Uncap). We respect your privacy and are committed to protecting personally identifiable information you may provide us through the website. We have adopted this privacy policy (Privacy Policy) to explain what information may be collected on our website, how we use this information, and under what circumstances we may disclose the information to third parties. This Privacy Policy applies only to information we collect through the website and does not apply to our collection of information from other sources.
This Privacy Policy, together with the Terms and Conditions posted on our website, set forth the general rules and policies governing your use of our website. Depending on your activities when visiting our website, you may be required to agree to additional terms and conditions.
Website Visitors
Like most website operators, we collect non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Our purpose in collecting non-personally identifying information is to better understand how our visitors use our website. From time to time, we may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
The website and Uncap also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on https://www.uncapfunds.com blog posts. Uncap only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.
Gathering of Personally-Identifying Information
Visitors to the website may choose to interact with the website in ways that require the website to gather personally-identifying information. The amount and type of information that the website gathers depends on the nature of the interaction.
When you register for an account, we collect the personal information that you provide to us at the time of registration, which may include your name, email address, mailing address, gender, age, and other demographic information.
Certain features on the website may allow you to submit content that is designed to be visible to other users, such as articles, comments, or questions. Any information that you disclose in these submissions becomes public, along with your screen name or ID, any image or photo, or other information that you have made available. We are not responsible for the information you choose to submit through these features. For more information, please read our Terms and Conditions.
Any information that the website collects as a result of your registration or use is subject to this Privacy Policy and our Terms and Conditions.
Gathering of Non-Personally-Identifying Information
In addition to the personally-identifying information described above, we also collect information that is not personally-identifying information. For instance, when you interact with the website, we collect information about your computer or mobile device, unique device identifiers, browsing history, cookies, and geolocation information. We also use various methods and technologies to collect information so that we can learn about how you use the website, including cookies and web beacons, as further described in this Privacy Policy, and web logging, which allows us to collect the standard information that your web browser sends to every web site you visit, such as your IP address, browser type and language, and the site you came from, as well as the pages you visit and the links you click while using the website.
We may enter contracts with third-party service providers to collect non-personally identifiable data on behalf of Uncap and provide us with information, reports, and analysis about the usage, general location information, and browsing patterns of users of the website. All of the data collected by these providers on our behalf is owned by us. Please note that we do not have control over these service providers’ use of cookies or other tracking technologies or how they may be used.
Links To External Sites
The website contains links to external sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site.
In particular, for the convenience of users, the website allows a registered user to connect directly to fund administration platforms without requiring the user to sign in again. The fund administration platform to which the user is connected may be operated by a third party and may be subject to the third party’s privacy policy and terms and conditions.
We strongly advise you to review the privacy policy and terms and conditions of every site you visit, including fund administration platforms. We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites, products or services.
Security
The security of your personal information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Advertisements
Ads appearing on our website may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Uncap and does not cover the use of cookies by any advertisers.
Aggregated Statistics
Uncap may collect statistics about the behavior of visitors to its website. Uncap and/or the website may display this information publicly or provide it to others. However, Uncap does not disclose your personally-identifying information other than that which you share as part of the registration process.
Cookies and Other Tracking.
To enrich and perfect your online experience, Uncap uses cookies, web beacons or clear pixels, HTML5 local storage, and other similar technologies. We use these technologies to manage your access to the website (e.g., so you don’t need to repeatedly enter your password), to recognize you and your access preferences, to provide personalized content and appropriate advertising, and to measure traffic patterns and help us understand how our users use our site. You can change the settings on your browser to opt out of receiving cookies delivered by us, but you may not be able to access certain areas or features on the website if your computer does not accept cookies from us.
Online advertisers may also use their own cookies to facilitate serving particular ads, such as tailoring ads to your interests, and to avoid sending you ads you’ve already seen. Your access to the website should not be affected if you choose not to receive third party cookies.
By continuing to navigate our website without changing your cookie settings, you hereby acknowledge and agree to the website’s use of cookies.
Privacy Policy Changes
Although most changes are likely to be minor, Uncap may change its Privacy Policy from time to time, and in Uncap’s sole discretion. Uncap encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.
Your California Privacy Rights
This notice to California residents is provided under California law, including the California Consumer Privacy Act (CCPA), Cal. Civ. Code 1798.100, et seq. This notice supplements our Privacy Policy by explaining your California privacy rights if you are a California resident, and provides certain mandated disclosures about our treatment of California residents’ information, both online and offline.
Right to Access
If you are a California resident, you have the right to request, up to two times each year, access to categories and specific pieces of personal information about you that we collect, use, disclose, and sell.
Right to Delete
If you are a California resident, you have the right to request that we delete personal information that we collect from you, subject to applicable legal exceptions.
Process to Make a CCPA Request
To make an access or deletion request, please email ccpa@uncapfunds.com. Before completing your request, we may need to verify your identity or the identity of your authorized representative. We will send you a link to verify your email address and may request additional documentation or information solely for the purpose of verifying your identity. You have the right not to receive discriminatory treatment for the exercise of your privacy rights conferred by the CCPA.
Right to Opt Out of Sale of Personal Information
If you are a California resident, you have the right to “opt out” of the “sale” of your “personal information” to “third parties” (as those terms are defined in the CCPA). Our Privacy Policy describes the limited circumstances in which we may share your information with third parties outside the website, Uncap and its Relevant Persons (as defined in the Terms and Conditions).
Shine the Light Act
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by Uncap to third parties for the third parties’ direct marketing purposes. We are dedicated to treating your personal information with care and respect. Pursuant to California Civil Code Section 1798.83(c)(2), Uncap does not share users’ personal information with third parties’ direct marketing use unless the user elects that we do so.
To make such a request, please send an email to ccpa@uncapfunds.com.
Removal of Content
If you are a California resident under the age of 18, and a registered user of any site where this policy is posted, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted.
To make such a request, please send an email with a detailed description of the specific content or information to ccpa@uncapfunds.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
WEBSITE TERMS & CONDITIONS
WEBSITE TERMS & CONDITIONS
These terms and conditions (“Terms & Conditions”) apply to all websites (each a “Site”) owned or licensed by Uncap Investment Management LLC, its affiliates and partners (“Uncap,” “us,” “we,” “our”).
Your use of this Site is subject to these Terms & Conditions along with any specific terms and conditions set forth on the individual pages within this Site (collectively, the “Terms & Conditions”) and all applicable regulations and laws, including, but not limited to, those relating to trademark, copyright, and other intellectual property rights. Your submission of information on this Site is subject to Uncap’s Privacy Statement, which is hereby incorporated into these Terms & Conditions.
PLEASE READ THE TERMS & CONDITIONS CAREFULLY BEFORE OBTAINING OR USING ANY MATERIALS, PRODUCTS, SERVICES OR INFORMATION THROUGH THE SITE. BY ACCESSING THE SITE, YOU AGREE TO ACCEPT, WITHOUT QUALIFICATION OR LIMITATION, ALL OF THE TERMS & CONDITIONS. We reserve the right to amend any section of the Terms & Conditions without notice by posting an amended statement on the Site. Your continued access or use of the Site means that you accept and agree to the revised Terms & Conditions. Please exit the Site immediately if you do not accept these Terms & Conditions (as amended from time to time).
USE OF THE SITE
GENERAL
The services of the Site are not intended for and should not be used by minors. You may only use the services of this Site if you are at least 18 years of age and can form legally binding contracts under applicable law. Additional terms and conditions may apply to uses that may occur on or through this Site. You agree to comply with these Terms & Conditions and any applicable additional terms and conditions. We may enable you to establish an account with a username and password to access and use the certain areas of the Site, and other services. You are responsible for preserving the confidentiality of your passwords, log-in, and account information. You will be financially accountable for all uses of the Site by you and/or by any third party using your account information. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
LINKS TO THIRD PARTY WEBSITES
The Site may contain links to third party websites. Uncap provides these links solely for your convenience. The inclusion of these links in no way indicates Uncap’s endorsement, approval, or support of such site’s content, products, services, or operators. We undertake no obligation to monitor or review any sites linked to or from the Site. Your use of any such site is subject to the terms and conditions of such sites and at your own risk and. We are not responsible for the practices, services, products, or content of third party sites. Additionally, you agree not to link your site or any other third party site to the Sites without express prior written consent of Uncap. In addition, certain actions on the Site may result in specific advertising from third parties, including information that may be displayed in other windows or in third party sites.
UNCAP’S RIGHT TO CANCEL / ERRORS / MISTAKES
The Site may contain typographical, technical inaccuracies, or other errors in connection with information displayed on the Site. Uncap assumes no responsibility or liability for such inaccuracies, errors, or omissions. Uncap reserves the right to make corrections, changes, cancellations, and/or improvements to such information based on such information, at any time.
MISCOMMUNICATIONS / LOST TRANSACTIONS
Uncap assumes no responsibility or liability for communication errors, difficulties, failures, or other malfunctions or lost, stolen, or misdirected transmissions, transactions, entries, or messages on or in connection with the Site. Uncap is not responsible for any incorrect information associated with any transmission or transaction to or on the Site regardless of whether such incident is the result of system error, user error, or human error.
AVAILABILITY
The Site is available to anyone with Internet access. The Site may become unavailable due to maintenance or repairs or due to computer malfunctions, crashes, disruption in Internet service or other unforeseen circumstances. The content on the Site is intended for use and display only where permissible in accordance with applicable laws and regulations.
PROHIBITED USES
Any commercial use of this Site is strictly prohibited unless you have obtained express prior written consent from Uncap. You may not use this Site to post or transmit any unlawful, threatening, libelous, infringing, defamatory, indecent, inflammatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, or for any other purpose that is unlawful or prohibited by these Terms & Conditions. You agree that you will not (a) interfere or disrupt the Site, (b) use or attempt to use any robot, spider, automatic device, or automatic or manual process to monitor or copy the Site without Uncap’s prior express written consent, (c) use any device, software, or other instrument to monitor, copy, interfere with, or attempt to interfere with this Site, its content, or its operation without Uncap’s prior express written consent, or (d) use, place, or distribute any viruses, worms, time bombs, and/or other computer programming routines that damage, disrupt, intercept, or harm (or intend to do any of the preceding) the Site, including the underlying hardware, software, systems, and any users of the Site or their devices.
DISCLAIMER
Certain pages on this Site and certain independent sites affiliated with Uncap or an Uncap affiliate, may contain information about specific projects associated with Uncap or its affiliates and partners. WITH RESPECT TO SUCH PAGES AND SITES, MATERIALS ON SUCH PAGES AND SITES DO NOT CONSTITUTE AN OFFER OR SOLICITATION OF ANY KIND, NOR ARE THEY INTENDED TO BE DISTRIBUTED IN OR CONSTITUTE AN OFFER IN ANY STATE OR COUNTRY IN WHICH UNCAP HAS NOT REGISTERED, IF REQUIRED.
INTELLECTUAL PROPERTY
COPYRIGHT
Unless otherwise noted, all content on this Site is the copyrighted property of Uncap, its affiliates or partners, or licensors. All content of this Site is protected by United States copyright laws as well as the applicable laws of other jurisdictions.
GENERAL/OWNERSHIP
Unless expressly stated otherwise, the content included on the Site, including, but not limited to text, software, photographs, graphics, images, artwork, illustrations, video, sound, music, names, logos, trademarks and service marks, are the property of Uncap or its licensors or suppliers. This content is protected by copyright, trademark and other laws. No right, title, or interest to the content is granted by your use of the Site, other than a right to review the content using a standard Internet browser to conduct customary web browsing. All other uses, including making copies of any content on the Site, are strictly prohibited. Except for non-commercial individual private use, the downloading, retransmission, or reproduction of the Site (or any part of its content) is strictly prohibited. You may not modify, reproduce, distribute, retransmit, disseminate, sell, publish, circulate or broadcast any material for any purpose other than personal, non-commercial use (or legitimate activities of a travel agent or travel professional) without Uncap’s express written consent.
UNCAP TRADEMARKS
Uncap and other related marks used on the Site are trademarks of Uncap, its affiliates or its partners. The use of the ® symbol (if used) designates marks that are registered with the U.S. Patent and Trademark Office, and such marks may also be registered with the trademark offices of certain other countries. Those marks and related names, trademarks, designs, logos, and trade dress shown on the Site are owned by Uncap (or its affiliates and partners) and protected by the trademark laws of the United States and other jurisdictions whether or not the ® or ™ symbols are, or are not, used.
MATERIALS SUBMITTED BY YOU
Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by email, or in any other way. Any information or material submitted by you, and which has not been specifically requested by us, such as questions, comments, searches, and suggestions, will be deemed not to be confidential, secret or proprietary. You agree that any information or materials submitted by you to the Site, whether ideas, creative concepts or other materials, in any format, including, but not limited to, writings, images, illustrations, audio recordings, and video recordings, may be used, reproduced and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgement of you as their source. You also warrant that any “moral rights” in posted materials have been irrevocably waived by the appropriate authors. WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY US TO THE EXTENT PERMITTED BY LAW. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be excluded.
NOTICE AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Uncap respects the intellectual property rights of third parties. Uncap responds to notices of alleged copyright infringement according to the Digital Millennium Copyright Act (“DMCA”) at 17 U.S.C. § 512 et seq. Whether or not Uncap believes it is liable for any copyright infringement for which it is provided notice, Uncap’s acknowledgment may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating an individual’s access to the Site, at Uncap’s discretion and operating within the guidelines of the DMCA.
GENERAL LEGAL TERMS
RIGHT TO RESTRICT ACCESS
In addition to any other rights or remedies available to Uncap, Uncap may, without any liability whatsoever, at its sole discretion restrict or terminate your access or use of this Site at any time and without notice.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, UNCAP, ITS MANAGERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, HEREBY DISCLAIM ALL LIABILITY FOR ANY LOSS, COST OR DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE) SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE SITE OR FROM ANY COMPUTER VIRUS TRANSMITTED THROUGH THE SITE, OR OTHER SITES ACCESSED FROM THE SITE, WHETHER SUCH LOSS, COST OR DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE AND EVEN IF WE ARE EXPRESSLY INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES AND CAUSES OF ACTION IN THE AGGREGATE (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OR THE POSSIBILITY OF SUCH DAMAGE ARISING FROM THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY STATEMENT, OR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00 (US).
WARRANTY DISCLAIMER
THE SITE IS PROVIDED “AS IS,” AND YOUR USE THEREOF IS AT YOUR OWN RISK. UNCAP, ITS MANAGERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, TITLE AND NON-INFRINGEMENT. UNCAP DOES NOT WARRANT THAT THE SITE WILL BE FREE FROM VIRUSES, AVAILABLE, ACCESSIBLE, ERROR-FREE, UNINTERRUPTED OR THAT THE CONTENTS WILL BE ACCURATE. ALTHOUGH UNCAP TAKES REASONABLE STEPS TO SECURE THE SITE, YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY SECURE MEDIUM AND UNCAP MAKES NO WARRANTIES, EXPRESS OR IMPLIED, THAT ANY INFORMATION OR MATERIALS YOU POST ON OR TRANSMIT THROUGH THE SITE WILL BE SAFE FROM UNAUTHORIZED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
INDEMNITY
You will indemnify Uncap and its officers, directors, agents, employees and representatives, against any loss, damage or cost incurred by us arising out of your use of the Site, any of its services or any information accessible over or through the Site, your submission or transmission of information or material on or through the Site or your violation of these Terms & Conditions or any other laws, regulations and rules. You will also indemnify against any claims that information or material that you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses.
JURISDICTION / GOVERNING LAW / CHOICE OF FORUM
This Site is operated and controlled by Uncap from its offices within the State of Florida, United States of America. These Terms & Conditions and any dispute arising out of or related to the Terms & Conditions or use of Site shall be governed in all respects by and construed and enforced in accordance with the laws of the State of Florida, U.S.A., without regard to its conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms & Conditions or your use of the Site shall be in state or federal courts located in Florida, U.S.A. You further agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
NO WAIVER
Uncap’s failure to enforce or insist upon strict performance of any provision of these Terms & Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Uncap nor any trade practices shall be considered to modify these Terms & Conditions.
SEVERABILITY
If any part of these Terms & Conditions is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. All other provisions of these Terms & Conditions shall remain in full force and effect.
FORWARD LOOKING STATEMENTS
Certain statements and assumptions in this Site contain or are based upon “forward-looking” information and are being made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. When we use the words “will,” may,” “estimate,” “anticipate,” “should,” “believe,” “expect,” “intend,” or similar expressions, we intend to identify forward-looking statements. These statements are subject to numerous uncertainties and assumptions as described in any SEC filings which could cause our actual results to differ materially from those expressed in or implied by the content of this Site. Forward-looking statements made in this web site are made only as of the date of their initial publication and we undertake no obligation to publicly update any of these forward looking statements as actual events unfold.
QUESTION AND COMMENTS
If you have any comments or questions about our privacy practices or your experience with the Site, please contact us at:
info@uncapfunds.com
Last Updated: April 20, 2021