Terms and Conditions

By entering into this website, including all of its related tabs and links (collectively, this or our “Site”), you are agreeing to the following Terms and Conditions, any and all of which may be changed from time to time at our discretion and will be effective when posted. If you do not agree to the Terms and Conditions, you agree that your sole and exclusive remedy is to discontinue using this Site. Your compliance with these Terms and Conditions and any Other Agreements (as defined below) is a condition to your right to access this Site. Your breach of any provision of these terms of use or other agreements will automatically, without the requirement of notice or other action, revoke and terminate your right to access the site and you will be fully liable for conversion, misappropriation, trespass to chattels and all other claims and causes, regardless of the identity of claimant or injured party, arising from or relating to your continued use of the Site after such breach. We reserve the right, in our sole discretion, to change, modify, add or remove any portion of this Site, including the Terms and Conditions, in whole or in part, at any time, without prior notice to you. Changes will be effective when posted. For this reason, each time you use the Site, you should visit and review the then current Terms and Conditions that apply to your use of the Site. Nothing contained in these Terms and Conditions is intended to modify or amend any other written agreement you may have with us (including without limitation any customer agreement, participation agreement or account agreement) (“Other Agreements”) if any, that may currently be in effect. In the event of any inconsistency between these Terms and Conditions and any Other Agreements, the Other Agreements will govern. To the extent these Terms and Conditions conflict with the terms and conditions of use relating to any password protected area of this Site, the more specific terms and conditions of use relating to such password-protected area shall control.

Mill Point Capital is the trade name for Mill Point Capital LLC and its subsidiaries and affiliates (collectively, “Mill Point Capital,” and first person references herein are to Mill Point Capital). We do not grant any license or right to use any image, trademark, logo or service mark on our Site. This Site is provided for personal, non-commercial use only. You may access this Site and print a single copy of content for your convenience but may not reproduce or distribute it to anyone. If you print more than contact information, you must include this legal notice. In no event, however, may you print or share any third party images, trademarks, logos or service marks which may appear on our Site from time to time. This Site and its contents are copyrighted to the greatest extent permitted by law. Please be advised that we may record certain usage information, such as the number and frequency of visitors to this Site.

We provide the information on this Site for your information only. Nothing in this Site is or should be construed as a solicitation, recommendation or offer to buy or sell any securities, futures, options or other financial instruments or products of any person, or to participate in any investment or trading strategy. Nothing in this Site constitutes our advice or opinion, nor is this Site and the information contained herein an offering of any advisory services. Nothing contained on the Site constitutes investment, legal, tax or other advice nor is to be relied on in making an investment or other decision. Decisions based on this Site and the information contained herein are the sole responsibility of the user. If you would like investment, accounting, tax or legal advice, you should consult with your own financial advisors, accountants or attorneys regarding your individual circumstances and needs. You agree that we are not liable for any action you take or decision you make in reliance on this Site or any information contained herein. We will not treat users of the Site as our partners, clients, customers or investors by virtue of their accessing the Site.

We make no warranty or representation in this Site or about this Site, whether expressly or impliedly, for any particular purpose and we expressly disclaim any implied warranty, including but not limited to warranties of title, non-infringement, merchantability or fitness for a particular purpose. Any transactions listed on this Site are included as representative transactions or transactions which have been publicly disclosed and are not necessarily reflective of overall performance or activity. This Site does not provide investing advice or strategies to any individual. The investments and strategies discussed in this Site may not be suitable for all investors and are not obligations of or guaranteed by us. The investments are not bank deposits and are not insured by the Federal Deposit Insurance Corporation or any other entity and are subject to investment risks, including the loss of the principal amount invested.

Please do not send us any confidential or personal information through this Site or the contact information contained in this Site. If you are inquiring about a position, please limit your communication to non-confidential information until we contact you. None of Mill Point Capital, its officers, board of managers, employees or limited partners (“Mill Point Parties”), in each case whether existing, former or future, will have any liability to you for any loss or damages of any kind as a result of your use of this Site (including any linked sites), the interception of any communication via this Site (including any linked sites) by third parties, including any of our vendors, or any viruses or other malfunctions that may occur to your equipment or data as a result of visiting this Site (or any linked sites). Links to other sites are provided as a courtesy only. By providing links to other sites, we do not guarantee, approve, or endorse the information or products available on these sites or guarantee the safety of those sites. We have no responsibility for the material posted on those sites or to update the links provided to those sites.

If your use of this Site gives rise to any third party claim against you or any Mill Point Party, you agree to (i) indemnify and hold harmless the Mill Point Parties with respect to any such claim, (ii) release the Mill Point Parties from any such claim and (iii) waive all laws that may limit the efficacy of such release. These Terms and Conditions shall be governed by the laws of the State of Delaware, without giving effect to its conflict of laws provisions. By using this Site, you agree that we, at our sole discretion, to the maximum extent permitted by applicable law, may require you to submit any disputes arising from the use of this Site, related services or these Terms and Conditions, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association (the “Rules”), by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these Rules, however, such proceeding shall be governed by the laws of the state as set forth above.

Regulatory Notice:
The information and description of services and activities provided on this Site are not provided to and may not be used by any person or entity in any jurisdiction where the provision or use hereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization, or which would require us to be licensed or registered, or where we are not authorized to provide such information or services. Responses to any inquiry that may involve the rendering of advice or effecting or attempting to effect transactions in securities will not be made absent compliance with applicable laws or regulations (including broker dealer, investment adviser or applicable agent or representative registration requirements), or applicable exemptions or exclusions therefrom.