Terms and Conditions

This website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Empire Capital Management, LLC (Empire Capital) reserves the right to revise this legal information at any time and for any reason, without notice or obligation, by updating this posting.  You are bound by any such revisions and should therefore periodically visit this page to review the then current terms and conditions to which you are bound.  The information contained on this website should not be construed as legal or investment advice.

Performance Data

ANY PERFORMANCE DATA QUOTED WITHIN THIS WEBSITE REPRESENTS PAST PERFORMANCE AND IS NOT NECESSARILY INDICATIVE OF, OR A GUARANTEE OF, FUTURE RESULTS.

Copyrights & Trademarks

Empire Capital owns and maintains this website. Nothing contained within this website shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any image, trademark, logo or service mark contained within the website. No act of downloading or otherwise copying from this website will transfer title to any software or material contained within this website to you.  Images displayed on this website are either the property of, or used with permission by, Empire Capital.  Anything that you transmit to this website becomes the property of Empire Capital and may be used by Empire Capital for any lawful purpose and is subject to disclosure as Empire Capital deems appropriate, including to any legal or regulatory authorities to which Empire Capital is subject.

No Offer of Securities

Under no circumstances should the material on this website be construed as a recommendation for or against any financial product, or as an offer to sell (or solicitation of an offer to buy), any interest in Empire Capital's funds.  Any such offer or solicitation will be made solely by means of a Confidential Offering Memorandum relating to the particular fund.  Such fund information is limited to investors who either qualify as accredited investors under the Securities Act of 1933 (as amended), or to those investors who generally are sophisticated in financial matters such that they are capable of evaluating the merits and risks or such prospective investment.

Account Access

Access to the Investors' Area of Empire Capital's website is password protected. Passwords should be kept strictly confidential and should not be shared with any other persons.  You agree that you will notify Empire Capital immediately in the event any such username and/or password is lost, stolen, or the confidentiality of any such username and/or password has been compromised in any way or the authority of any person to act on your behalf has been revoked or limited.

No Warranty; No Reliance

While Empire Capital uses reasonable efforts to include accurate and up to date information on this website, errors or omissions may occur.  All information and content on this website is furnished "as is" and Empire Capital makes no warranties or representations as to the accuracy, reliability or completeness of the materials contained within this website and makes no other warranty of any kind, expressed or implied. 

Material to be Consulted in its Entirety

All materials contained within this website 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 or disclosures 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.

Restricted Use of Website Materials

This website is designed for your personal use only.  You may print copies of the information from this website and you may store information from the website on your own computer.  You MAY NOT, without the prior express written permission of Empire Capital: (a) hyperlink to the website, whether to its homepage or to an interior page; (b) include information from the website on another site, on a server computer, or in documents; (c) modify or re-use the information from the website; or (d) transmit any commands, codes or information to the website, with the exception of the usernames and passwords necessary to access the website. 

Limitations of Liability

Under no circumstances shall Empire Capital, nor any party or person involved in creating, producing, or delivering the website be liable for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on this website.  Empire Capital also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from this website.

Termination of Usage

You acknowledge and agree that Empire Capital may terminate your access to the website should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Empire Capital. Any such termination shall be in Empire Capital's sole discretion and may occur without prior notice, or any notice.

Indemnification

You agree to indemnify and hold harmless Empire Capital, its officers, directors, affiliates and agents, as well as Empire Capital's licensors and other third parties with which Empire Capital contracts, from and against any and all claims, demands, actions, costs or expenses or both, including reasonable attorney's fees, incurred by or against such persons or entities arising out of or resulting from your use of the website, your violations of these Terms and Conditions and/or your violation of any rights of a third party.

Local Legal Restrictions

Empire Capital's website is not intended for distribution to, or use by, any person in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.  Empire Capital makes no representations or warranties that the content of this website is applicable or appropriate for use in locations outside of the United States of America.