Terms and Conditions

General Information

The information (the “Information”) contained on this website (this “Website") has been prepared solely for the purpose of providing background information on Spinecap SAS ("Spinecap", or "we", or "us") or any of the funds and accounts it manages or advises (collectively, “the Spinecap Funds”). Spinecap, whose main offices are located at 23 rue d’Aboukir, 75002 Paris, France, is a Société Anonyme par Actions Simplifiée ("SAS") with a share capital of 400 000€ and is registered under RCS Paris 825 300 833.

Spinecap is authorized and regulated by the French Autorité des Marchés Financiers ("AMF", license number GP-18000001)  and full-scope Alternative Investment Fund Manager ("AIFM"), exempted from registration with the United States Securities and Exchange Commission ("SEC") and is registered with the US Commodities Futures Trading Commission ("CFTC") and member of the US National Futures Association (“NFA”).

Terms and Conditions

Each time you access this Website you agree that you (i) understand its terms and conditions of use described herein (the “Terms and Conditions”), (ii) accept these Terms and Conditions and agree to be legally bound by them and (iii) are legally authorized to access the Information in the jurisdiction in which the connection is made.

Intellectual Property

The  Website and its content are provided by Spinecap as a service to you. You are granted a limited, non-exclusive, revocable and non-transferable license to use the Information, conditioned on your continued compliance with these Terms and Conditions. You may not modify, copy, distribute, reproduce, publish, license, transfer, sell or otherwise use, in any medium, any Information, except you may store Information for your sole personal use and information access. The design, development, and hosting of the website are provided by Squarespace.

Use of Information

The Information is intended for informational purposes only.

The Information does not constitute and should not be construed as an offering of advisory services or an offer to sell or solicitation to buy any securities or related financial instruments. Any such offer may only be made pursuant to the legally binding subscription and constitutive documents in their final form. Prospective investors undertake to consult the regulatory documentation and/or the private placement offering memorandum and the risk factors before making a decision to invest in order to acquaint themselves with the precise nature of any risks incurred, in particular the risk of capital loss. The Information should not be construed as legal, tax, accounting, investment or other advice. Any prospective investor should consult with its independent financial advisor, legal counsel and tax and accounting advisors as to legal, tax, accounting and other related matters. Any opinions, assumptions, projections, or “forward looking statements” presented in this Website result from our assessment on the publication date. They are subject to change according to market conditions and Spinecap shall not in any case be held liable for them.

The Information 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 contrary to local law or regulation, and it is the responsibility of any person or persons in possession of the Information to inform themselves of, and to observe, all applicable laws and regulations of any relevant jurisdiction. In particular, the Information is not intended for US persons (as defined in Regulation S under the US Securities Act of 1933, as amended) unless they are a Permitted US Person that is an “accredited investor” and a “qualified purchaser” as such terms are defined under applicable US federal securities laws.

Responsibilities

This Website and the Information are provided on an "as is" and "as available" basis. No representation, warranty or undertaking, express or implied, is given as to the accuracy, timeliness, validity or completeness of the Information available via this Website. We make no, and hereby disclaim all, warranty of fitness for a particular purpose, merchantability or non-infringement. Nothing contained on this Website shall be relied upon as a promise or representation whether as to past or future performance. We reserve the right to make unavailable at any time this Website or the Information. 

Under no circumstances, including, but not limited to, negligence, shall Spinecap or its shareholders, affiliates, officers, directors, employees or agents be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses that result from the use of, or the inability to use, the content, omission, interruption, defect, computer virus or system failure, even if Spinecap, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

As a condition of your use of the Website, you agree to indemnify and hold Spinecap and its affiliates, officers, directors, employees or agents harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorney's fees) arising in connection with your use of the Website, or from your violation of these Terms and Conditions.

Severability

The nullity or non-invocability of any provision of the Terms and Conditions of the Website shall not affect the other provisions thereby. The other provisions shall be interpreted as if the null or non-invocable provision does not exist.

Governing Law

These Terms and Conditions have been made in and shall be construed and enforced in accordance with French law. The Website is subject to the French jurisdiction. Your consent to the jurisdiction and venue of such courts is irrevocable. You waive all defences of lack of jurisdiction, venue, or forum non-convenience.