Terms of Use

Last Updated June 1, 2020

These Terms of Use constitute a legally binding agreement between PMV Capital, LLC and its affiliates (together, “PMV”, “we”, or “us”) and you, the user of www.pmvcapital.com (the “Site”). By accessing the Site you acknowledge that you have read and agree to these Terms of Use. These Terms of Use govern your use of the Site. Please read these Terms of Use carefully. If you do not agree with any of the terms and conditions contained herein, please do not access the Site.

PMV reserves the right to amend these Terms of Use in its sole discretion. PMV will post any changes to these Terms of Use on the Site, and changes are effective immediately upon posting. Your continued use of the Site after any such changes constitutes your acceptance of the new terms and conditions. You should consult the “Terms of Use” bar on the Site each time you visit the Site.

The Site is offered and available to users who are 18 years of age or older. By using the Site, you represent and warrant that you are of legal age to form a binding contract with PMV. If you do not meet all of these requirements, you must not access or use the Site.

 

Purpose of the Site; Not Investment Advice; No Recommendations

The information presented on or through the Site is made available solely for informational purposes in relation to PMV. PMV does not warrant the accuracy, completeness, or usefulness of any information on the Site. Any reliance you place on such information is strictly at your own risk. PMV disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site is not intended to provide legal, business, tax, accounting, investment, financial or other advice. You agree not to construe any of the Content (as defined below) provided in connection with the Site as legal, business, tax, accounting, investment, or other advice. You agree that the Content provided in connection with the Site does not, and shall not be deemed to, constitute an offer to sell, or a solicitation to any person to buy, any security or other investment. You understand that none of the Content constitutes a recommendation that you or any other person purchase, sell or hold any security, company, investment product or other investment, or that you should pursue any investment strategy, and the Content is not to be relied upon for the purpose of making investment or other decisions. In addition, you understand and agree that all Content provided in connection with the Site is published without consideration of your individual circumstances, financial, or otherwise. Accordingly, you agree that you are solely responsible for any investment decisions or other determinations made, including, the evaluation of any investment or other risks, with respect to any of the Content provided in connection with the Site. You agree to consult your own professional advisors as to any legal, business, tax, accounting, investment, financial, or other advice regarding any Content provided in connection with the Site.

Regulatory Disclosures

THIS SITE IS NOT INTENDED TO BE RELIED UPON AS THE BASIS FOR AN INVESTMENT DECISION, AND IS NOT, AND SHOULD NOT BE ASSUMED TO BE, COMPLETE. A PROSPECTIVE INVESTOR SHOULD NOT CONSTRUE THE CONTENTS OF THIS SITE AS LEGAL, TAX, INVESTMENT OR ACCOUNTING ADVICE. ANY PROSPECTIVE INVESTOR SHOULD MAKE ITS OWN INQUIRIES AND CONSULT ITS ADVISORS AS TO AN INVESTMENT IN THE FUND AND AS TO LEGAL, TAX, REGULATORY, FINANCIAL, ACCOUNTING AND RELATED MATTERS CONCERNING AN INVESTMENT IN THE FUND. THE INFORMATION ON THIS SITE IS NOT PRESENTED WITH A VIEW TO PROVIDING INVESTMENT ADVICE WITH RESPECT TO ANY SECURITY, OR MAKING ANY CLAIM AS TO THE PAST, CURRENT OR FUTURE PERFORMANCE THEREOF, AND PMV EXPRESSLY DISCLAIMS THE USE OF THIS SITE FOR SUCH PURPOSES.

NO ONE SHOULD CONSIDER INVESTING IN AN INTEREST WHO IS NOT, EITHER ALONE OR TOGETHER WITH SUCH INVESTOR’S FINANCIAL ADVISERS, FINANCIALLY SOPHISTICATED AND CAPABLE OF EVALUATING THE MERITS AND RISKS OF AN INVESTMENT IN THE FUND.

ALL PROSPECTIVE INVESTORS MUST, AT A MINIMUM, MEET THE FINANCIAL SUITABILITY STANDARDS FOR “ACCREDITED INVESTORS” UNDER APPLICABLE SECURITIES AND EXCHANGE COMMISSION (“SEC”) REGULATIONS.

THE INTERESTS HAVE NOT BEEN REGISTERED WITH THE SEC UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “1933 ACT”), OR UNDER THE SECURITIES LAWS OF ANY STATE, AND ARE BEING OFFERED AND SOLD IN RELIANCE ON EXEMPTIONS FROM THE REGISTRATION REQUIREMENTS OF THE 1933 ACT AND SUCH STATE LAWS. THE INTERESTS ARE SUBJECT TO RESTRICTIONS ON TRANSFERABILITY AND RESALE, AND MAY NOT BE TRANSFERRED OR RESOLD EXCEPT AS PERMITTED UNDER THE 1933 ACT AND SUCH APPLICABLE STATE SECURITIES LAWS, PURSUANT TO REGISTRATION OR EXEMPTION THEREUNDER. THERE IS NO PUBLIC OR OTHER MARKET FOR THE INTERESTS, NOR IS IT LIKELY THAT ANY SUCH MARKET WILL DEVELOP. THEREFORE, INVESTORS MUST EXPECT TO BE REQUIRED TO RETAIN OWNERSHIP OF THE INTERESTS AND BEAR THE FINANCIAL RISKS OF THE INTERESTS FOR AN INDEFINITE PERIOD.

CERTAIN INFORMATION CONTAINED ON THIS SITE MAY HAVE BEEN OBTAINED FROM SOURCES OUTSIDE OF PMV. WHILE SUCH INFORMATION IS BELIEVED TO BE RELIABLE FOR THE PURPOSES USED CONTAINED WITHIN, NEITHER PMV NOR ANY OF ITS RESPECTIVE AFFILIATES, ASSUMES ANY RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION AND SUCH INFORMATION HAS NOT BEEN INDEPENDENTLY VERIFIED BY PMV OR ANY OF ITS RESPECTIVE AFFILIATES. NEITHER PMV NOR ANY OF ITS RESPECTIVE AFFILIATES, HAS UPDATED ANY SUCH INFORMATION THROUGH THE DATE HEREOF OR UNDERTAKEN ANY INDEPENDENT REVIEW OF SUCH INFORMATION. TO THE BEST OF THEIR KNOWLEDGE, PMV AND ITS AFFILIATES ARE NOT AWARE THAT ANY SUCH INFORMATION IS SUBJECT TO CONFIDENTIALITY PROVISIONS RESTRICTING ITS USE. NEITHER PMV NOR ANY OF ITS RESPECTIVE AFFILIATES, MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE FAIRNESS, CORRECTNESS, ACCURACY, REASONABLENESS OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED HEREIN (INCLUDING BUT NOT LIMITED TO ECONOMIC, MARKET OR OTHER INFORMATION OBTAINED FROM THIRD PARTIES, AND THE SPONSORS OR MANAGERS OF PRIOR INVESTMENTS INCLUDED HEREIN), AND IT EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY THEREFOR. IN ADDITION, CERTAIN INFORMATION CONTAINED HEREIN HAS BEEN OBTAINED FROM PUBLISHED AND NON-PUBLISHED SOURCES AND/OR PREPARED BY THIRD PARTIES, AND IN CERTAIN CASES HAS NOT BEEN UPDATED THROUGH THE DATE HEREOF.  NEITHER PMV NOR ANY OF ITS RESPECTIVE AFFILIATES, HAS ANY RESPONSIBILITY TO UPDATE ANY OF THE INFORMATION PROVIDED IN THIS SITE. USERS OF THIS SITE AGREE THAT PMV, ITS AFFILIATES, AND THEIR RESPECTIVE PARTNERS, MEMBERS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND REPRESENTATIVES SHALL HAVE NO LIABILITY FOR ANY MISSTATEMENT OR OMISSION OF FACT OR ANY OPINION EXPRESSED HEREIN.

Investment advisory services are offered through PMV Capital Advisers, LLC, an affiliate of PMV Capital, LLC, the owner and responsible party for this site. PMV Capital Advisers, LLC (“PMV Advisers”) is an investment advisor registered in the state of Texas. PMV Advisers only transacts business in states where it is properly registered or is exempted from registration requirements. Registration as an investment adviser is not an endorsement of PMV Advisers by securities regulators and does not mean that such investment adviser has achieved a specific level of skill or ability. Additional information regarding PMV Advisers, including its fees, can be found in PMV Advisers’ Form ADV Part 2, a copy of which is available upon request or online at www.adviserinfo.sec.gov/. This website is only intended for clients and interested investors residing in states in which the Adviser is qualified to provide investment advisory services. Please contact Adviser at 972.850.0146 to find out if the Adviser is qualified to provide investment advisory services in the state where you reside. The Adviser does not attempt to furnish personalized investment advice or services through this website. Past performance is no guarantee of future results. All investments have the potential for loss.

Privacy Policies

In addition to these Terms of Use, your use of and access to the Site is also subject to our Site Privacy Policy (the “Privacy Policy”), our California Website Privacy Policy (the “California Privacy Policy”) and our EU Website Privacy Policy (the “EU Privacy Policy”), which are incorporated by reference herein, as applicable. Our Privacy Policy, our California Privacy Policy and our EU Privacy Policy contain additional terms relating to our potential collection, use and disclosure of your personal information, as applicable. You agree that you have read, agreed to and understand our Privacy Policy, our California Privacy Policy and our EU Privacy Policy, as applicable.

 

User Accounts

If you choose, or are provided with, a user name, password or any other piece of information as part of  PMV’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify PMV immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. PMV has the right to disable any user, whether chosen by you or provided by us, at any time in PMV’s sole discretion for any or no reason, including if, in PMV’s opinion, such user has violated any provision of these Terms of Use.

Ownership

The trade names, trademarks, service marks, trade dress, logos and other indicia of source (collectively, “Marks”) found on the Site and any and all information and content available through the Site (including strategies, policies, business plans, research, concepts, and other information (collectively, the “Content”) are proprietary to PMV or its licensors and are protected by intellectual property rights and unfair competition and other laws. You may not use any Mark or Content without the express written permission of the owner (whether PMV or otherwise), and nothing contained in these Terms of Use or anywhere on the Site shall be construed as granting any license or right to use any Mark or Content.

Third-Party Links

From time to time, PMV may provide links from this Site to websites operated by third parties.  PMV’s decision to do so is in no way an endorsement of these sites. PMV does not monitor, edit or control such third-party sites and is not responsible in any way for the suitability of their content or for the quality of the products or services offered therein. Your choice to follow links to such websites is at your sole risk. When you click on a link to another website you will be leaving the Site. If you have any questions regarding a linked site, please direct them to the administrator of the relevant site. PMV reserves the right to terminate any link at any time.

 

Disclaimer of Warranties

THE SITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND, TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, ARE PROVIDED WITHOUT WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY PMV, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. PMV FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SITE OR CONTENT WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED UNDER LAW.

Limitation of Liability

PMV DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE SITE OR THE CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, PMV IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON (1) THE SITE OR THE CONTENT, INCLUDING ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE CONTENT OR ANY FEATURE OF THE SITE OR (2) YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE.  UNDER NO CIRCUMSTANCES WILL PMV BE LIABLE FOR ANY DAMAGES OR LOSSES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR ANY OTHER DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF ANY SERVICE OR CONTENT, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE OF ANY KIND), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF THE DAMAGES OR IF THE DAMAGES COULD HAVE BEEN FORESEEN. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnity

You agree that you will be solely responsible for, and that you will defend, indemnify and hold PMV, its members, subsidiaries and other affiliates and each of their respective officers, directors, agents, employees and representatives harmless from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your violation of these Terms of Use or otherwise resulting from your use of the Site. PMV reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify PMV for all liabilities, losses, or damages. You agree to provide PMV with whatever cooperation it reasonably requests.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED, UNLESS OTHERWISE REQUIRED BY LAW.

Miscellaneous

You may not assign or otherwise transfer these Terms of Use or your rights or obligations under it without PMV’s prior written consent, and any attempted assignment or other transfer in violation of this provision shall be null and void. PMV may assign these Terms of Use or any rights under these Terms of Use without your consent and without notice. Nothing in these Terms of Use may be used to construe you and PMV as joint venturers, co-employers, partners, or agents of each other, and neither you nor PMV has the power to obligate or bind the other in any way whatsoever. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of these Terms of Use shall nonetheless remain in full force and effect. The failure of PMV at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas without regard to its conflict of law rules. Any legal proceeding arising out or relating to these Terms of Use against or relating to PMV or any indemnified party under these Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in Collin County, Texas and you irrevocably consent to the jurisdiction of such courts. The terms and conditions set forth in these Terms of Use and any agreements included or referred to in these Terms of Use constitute the final, complete and exclusive agreement with respect to the Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. Headings and captions throughout these Terms of Use are for convenience only and should not be considered part of these Terms of Use. The word “including” means “including without limitation.”  If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Site, please contact PMV at (972) 850-0141.