Terms of Use.
Tc43 LLC (“Tc43”) owns and maintains this Site (the “Site”). Except as specifically permitted below, nothing contained in these Terms of Use or the Site itself either grants or will be construed to grant to you or any third party, by implication, estoppel or otherwise, any title or interest in, or any license or right to use or reproduce, any image, text, software, code, trademark, logo or service mark contained in the Site, including without limitation the name or logo of Tc43, any of its affiliates and/or any other entity described on the Site. No act of downloading or otherwise copying from this Site will transfer title to any software or material to any user hereof. Any data that you transmit to the Site (including without limitation personally-identifiable information) becomes the property of Tc43 and may be used by Tc43 for any lawful purpose without restriction. Tc43 reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to copyright and trademark ownership of all material contained in the Site.
Tc43 grants you a limited, nonexclusive license to display and otherwise use portions of the Site solely for your own private, non-commercial, informational purposes only, and to print pages from the Site only in connection with that use. You may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Site without prior express written permission from Tc43 which may be withheld for any or no reason
No Offer of Securities; No Advice
This Site and the information included herein is for general information purposes only. Under no circumstances should any material at the Site be used or considered as an offer to sell or a solicitation of an offer to buy any security, future or other financial product or instrument, including any interest in any investment fund sponsored or managed by Tc43 or any of its affiliates or any investment advisory services offered by Tc43 or its affiliates. Any such offer or solicitation can and will be made only by means of the applicable confidential offering memorandum of each such investment fund or other applicable document, only in jurisdictions in which such an offer would be lawful and only to individuals who meet the investor suitability and sophistication requirements of as determined from time to time by Tc43 in its sole and absolute discretion.
Such requirements may include, among other things, qualifying as an “accredited investor” within the meaning of the Securities Act of 1933, as amended; a “qualified client” within the meaning of the Investment Advisers Act of 1940, as amended; a “qualified eligible person” within the meaning of the Commodity Exchange Act, as amended; and/or a “qualified purchaser” within the meaning of the rules promulgated under the Investment Company Act of 1940, as amended. Access to information about the investment funds managed by, or advisory services offered by, Tc43 is similarly limited to individuals who meet the applicable investor suitability, experience and sophistication requirements. You acknowledge that participation in investment funds is speculative in nature, involves a high degree of risk and is intended only for experienced and sophisticated investors.
This Site is also not intended to provide any investment, financial, legal, regulatory, accounting, tax or similar advice, and nothing on this Site should be construed as a recommendation, by Tc43, its affiliates or any third party, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction. You should consult your own investment, legal, tax and/or similar professionals regarding your specific situation and any specific decisions.
No Warranty
Tc43, its affiliates, officers, directors, members, principals, investors, agents, consultants, and employees make no representations or warranties, express or implied, regarding the suitability or other characteristics of the information and materials contained on or presented through the Site. All such information and materials are provided “as is”, without any warranty of any kind. Tc43 hereby further disclaims all warranties and conditions with regard to such information and materials, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement and availability. You acknowledge that you are aware that by using this Site you may be subject to security and privacy exploitations, including, eavesdropping, sniffing, spoofing, hacking, breaking passwords, harassment, exposure to objectionable material, posturing, and/or other security or privacy hazards. Tc43, its affiliates and their officers, directors, members, principals, investors, agents and employees further assume no responsibility for, and make no warranties that, functions contained at this Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available will be free of viruses or other harmful components. Tc43, its affiliates and their officers, directors, members, principals, investors, agents and employees shall not be liable for any damages of any type of kind to, viruses that may infect, or services repairs or corrections that must be performed, on your computer or other property, on account of your accessing or use of this Site.
Limitation of Liability
In no event shall Tc43, its affiliates, or their officers, directors, members, principals, investors, agents and employees be liable for any claims, liabilities, losses, costs or damages, including direct, indirect, punitive, exemplary, incidental, special or consequential damages, arising out of or in any way connected with (i) the use of or inability to use the Site or with any delay in using the Site, including but not limited to loss of revenue, trading, profits, anticipated profits, business, savings, goodwill, use, opportunity or data; (ii) any information and materials obtained through the Site; or (iii) otherwise arising out of the use of the Site; in any case whether based on theories arising in contract, tort, strict liability or otherwise. Such limitations apply even if Tc43, its affiliates, or any of their officers, directors, members, principals, investors, agents or employees have been advised of the possibility of damages or could have foreseen the damages. Further, Tc43 will not be responsible for any failure to comply, by you or any third party, with these terms of use or with applicable federal, state and/or local laws.
These limitations of liability will apply regardless of: (i) any negligence or gross negligence of any Tc43 party or (ii) whether the liability arises in negligence, gross negligence, strict liability, contract, tort (including negligence or gross negligence) or any other theory of legal liability; and will remain in effect even if any remedy fails of its essential purpose. Your sole remedy for dissatisfaction with your use of the Site is to stop using the Site. You hereby agree to indemnify, defend and hold Tc43, its affiliates and their officers, directors, members, principals, investors, agents and employees harmless from and against any and all liability costs incurred by these parties in connection with any claim arising out of any breach by you of these terms of use or any of the representations, warranties and covenants made by you herein, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required or requested in the defense of any claim. Tc43 reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Tc43.
Links to Third Party Websites
Tc43 is responsible only for the content of this Site and it has no control over other websites that may be accessible from this Site, the contents therein or the products/services offered thereby. Hyperlinks to or from this Site do not constitute third party endorsement of, sponsorship by, or affiliation with Tc43.
Indemnification
You agree to indemnify Tc43 and its affiliates, officers, directors, members, principals, employees, agents, consultants, representatives, investors, clients, and third party service providers, and to defend and hold each of them harmless, from any and all claims, actions, liabilities, damages, and costs (including attorney’s fees) (collectively, “Claims”) which may arise from your unauthorized use of this Site, services or information obtained through use of this Site.
The Security of the Site
We maintain physical, electronic, and procedural safeguards and personnel policies, consistent with applicable laws that are designed to guard the Site, our systems and Information provided by our Users. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. In the event of a breach of the confidentiality or security of your personal information, we will reasonably attempt to notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using your most current email address on record with us.
Electronic Communications
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically or posted on the Site satisfy any legal requirement that such communications be in writing if such requirements are applicable.
No Reliance
While Tc43 uses reasonable efforts to update the information contained in the Site, Tc43 makes no representations or warranties as to the accuracy, reliability or completeness of any information at the Site. Any content of the Site is subject to change without notice. As noted above, permission by Tc43 to access this Site should not be construed as, or relied upon as, investment, financial, legal, regulatory, accounting, tax or similar advice.
General
Tc43 may revise these Terms of Use at any time by updating this page on the Site and in such event your continued use of the Site, shall constitute your acceptance of such updated Terms of Use. Accordingly, you should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at the Site.
You may contact Tc43 LLC at 60 East 42nd Street, Suite 4600, New York, NY 10165.
These Terms of Use are Effective as of January 1, 2025.