By accessing or using this TBS Capital Management, and its affiliates (together, “TBS Capital Management”) web site (the “Site”), you hereby accept and agree to comply with the terms and conditions set forth in this User Agreement. This User Agreement is a binding agreement between you and TBS Capital Management, and governs your access to and use of the Site, which includes any text, graphics, user interfaces, visual interfaces, information, data, tools, products, services and other content (together, “Content”), including but not limited to the design, structure, selection, coordination, expression and arrangement of the Content available on or through the Site. TBS Capital Management reserves the right to change the terms and conditions under which this Site is offered without notice at any time. Content does not include any information you submit through the Site, except for User IDs and Passwords that may be provided by TBS Capital Management. You may contact TBS Capital Management by e-mail at firstname.lastname@example.org with questions about the terms and conditions of this User Agreement.
The information contained in this website is for general information purposes only. The information is provided by TBS Capital Management and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. TBS Capital LP (LP020241) is a direct investor.
TBS Capital Management Group Corp., a US Corporation, the management company. TBS Capital Management Limited, a Hong Kong Corporation, the majority shareholder. TBS Capital Management Ltd. (07114438, registered under the laws of the United Kingdom.TBS Capital Management LLC is a New York based, SEC exempt reporting adviser CRD# 304817 / SEC# 802-117143, private fund adviser is taking advantage of the so-called “private fund adviser exemption” under Section 203(m) of the Investment Advisers Act. The private fund adviser exemption exempts from SEC registration an investment adviser that acts as an adviser solely to private funds (i.e. 3(c)(1) funds and in the United States has less than $150 million under management.
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE. EACH TIME YOU USE THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THIS USER AGREEMENT IN ITS THEN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THIS USER AGREEMENT, YOU MAY NOT USE THE SITE.
1. TBS Capital Management grants you a limited right to use the Site.
Your right to use the Site is subject to your agreement to abide by this User Agreement in its entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site.
At any time and for any reason TBS Capital Management may revoke your right to use all or any portion of the Site.
You may not violate or attempt to violate the security of the Site.
2. The Site is owned by TBS Capital Management and/or third parties.
The Site was developed, compiled, prepared, selected and arranged by TBS Capital Management and others for the purposes of recruiting potential employees through the application of methods and standards or judgment developed and applied through the expenditure of substantial time, effort and money and constitute valuable intellectual property of TBS Capital Management and others.
The Site is protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property and proprietary rights that are owned by TBS Capital Management and/or third parties and you will, through use of the Site, gain no ownership rights in any such intellectual property or proprietary rights.
You will make no use of trade names, trademarks or service marks of TBS Capital Management or other Content providers in any manner that creates the impression that you own or are licensed to make such use. You may not remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site.
You agree to respect and protect the proprietary rights of TBS Capital Management in the Site during and after the time you use the Site and shall promptly notify TBS Capital Management if you become aware of any infringement of these rights.
You may not publish, broadcast, retransmit, reproduce, repackage, scrape, frame, commercially exploit, create any derivative of or otherwise re-sell, license, transmit or redistribute all or any portion of the Site except as explicitly permitted in this User Agreement.
You may print copies of any accessible portion of the Site only for your own personal use. You may discuss information that you learn from the Site with your financial, legal or tax advisors, and others with whom you share investment decisions; provided that such persons agree to keep such information confidential in accordance with the terms herein.
You may not decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site.
You will not use any automated means, including but not limited to, spiders, robots, crawlers, data mining tools, or the like to download, scrape or harvest data from the Site, without express written approval from TBS Capital Management.
The restrictions in this Section 2 shall survive any termination of this User Agreement.
3. You make certain representations and warranties regarding your use of the Site.
You represent and warrant that you:
have full authority and all rights necessary to enter into and fully perform all your obligations pursuant to this User Agreement;
have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of this User Agreement;
will not use the Site for any illegal purpose or in any manner inconsistent with this User Agreement; and
will not delete or attempt to delete any Content.
4. All Content is for informational purposes only.
The Site does not constitute an offer or promise of employment with respect to any employment position provided herein. Any employment offer that may result from your submission of information to TBS Capital Management shall be solely in accordance with the specific terms of such employment offer, not the terms of this Site.
Under no circumstances should any material on the Site be used or considered to be an offer to sell or a solicitation of an offer to buy any security or interest in any investment vehicle sponsored or affiliated with TBS Capital Management or its affiliates. Nothing on the Site is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy. TBS Capital Management does not give any advice or make any representations through the Site as to whether any security or investment is suitable to you or will be profitable. Any such offer or solicitation can and will only be made by means of the Confidential Information Memorandum of each such investment fund in a lawful jurisdiction and only to investors that meet the investor suitability and sophistication requirements of each such investment fund, including qualifying as accredited investors within the meaning of the Securities Act of 1933, as amended.
Nothing on the Site is intended to be, and you should not consider anything on the Site to be, investment, accounting, tax or legal advice. 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.
5. TBS Capital Management is not liable for any technological problems or any resulting impact.
All or any portion of the Site may be unavailable or may function improperly at any time.
TBS Capital Management makes reasonable efforts to avoid technological problems, but at any time the Site may have and may cause technological problems such as viruses and other damaging computer programming routines or engines.
TBS Capital Management takes reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but disclaims liability for any interception of data or communications.
TBS Capital Management makes reasonable efforts to ensure that the Site is secure, but does not guarantee the security of the Site.
TBS Capital Management is not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site.
TBS Capital Management is not liable for any defects, delays or errors in or resulting from your use of the Site.
6. TBS Capital Management is not responsible for information on any third-party web site referenced in, accessible through or connected by hyperlink to or from the Site.
If you access any third-party web site through the Site or otherwise, you do so at your own risk.
Hyperlinks to or from the Site do not constitute or evidence our endorsement or sponsorship of or affiliation with any linked web site.
8. TBS Capital Management DISCLAIMS ALL WARRANTIES
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TBS Capital Management DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS. WITHOUT LIMITING THESE GENERAL DISCLAIMERS, TBS Capital Management DOES NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT.
9. LIMITED LIABILITY
IN NO EVENT WILL TBS Capital Management OR ANY OF ITS AFFILIATES, SUBSIDIARIES, CONTENT PROVIDERS, PREDECESSORS, SUCCESSORS OR ASSIGNEES OR THEIR RESPECTIVE CONTROL PERSONS, AGENTS OR EMPLOYEES (THE “TBS Capital Management PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, ARISING OUT OF THIS USER AGREEMENT, THE SITE OR ANY INABILITY TO ACCESS OR USE THE SITE. THE LIABILITY OF THE TBS Capital Management PARTIES IS LIMITED, EVEN IF ONE OR MORE OF SUCH PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
10. You are bound by certain other general conditions.
TBS Capital Management may assign this User Agreement in whole or in part at any time without your consent. You may not assign this User Agreement or delegate any of your obligations under this User Agreement. Any purported assignment of this User Agreement in violation of its terms is void.
If any provision of this User Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of this User Agreement shall remain in full force and effect.
This User Agreement constitutes the entire understanding and supersedes all other understandings, between you and TBS Capital Management concerning the subject matter hereof.
TBS Capital Management Limited. operates under the "Dealing with professional investors exemption as defined in Part 1, Schedule 1 of the SFO and Group Company Exemption. The exemption is applicable to us as we are providing asset management service to our group company (on a wholly owned basis) in respect of that group company’s assets. https://www.elegislation.gov.hk/hk/cap571
Dated: December 2019