Terms of Use


AGREEMENT TO TERMS OF USE


This website and all information and materials accessed through it are the property of Tenaron Capital Management LP (“we”, “our”, “us” or “Tenaron”). The information and materials (“Content”) accessible through this website are considered confidential and are intended solely for the use of the person to whom Tenaron or its administrator has issued a user ID and password (“you” or the “user”) as well as such user’s legal, accounting and financial advisors. Access to this site is conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein. By accessing this website, you signify your agreement with, and understanding of, the terms of use and legal information pertaining to both this site and any materials contained herein. Tenaron reserves the right to change the terms, conditions, and notices under which this site is provided at any time and without notice.

You agree that neither the Content nor your password may be transmitted (in any form) to any other person (other than your legal, accounting and financial advisors) without Tenaron’s prior written consent. You agree to keep all such information confidential and to use such information solely for evaluating and/or monitoring an investment in an investment vehicle managed by Tenaron. This website may be accessed only by (1) current Tenaron investors, (2) prospective investors who are qualified as to both suitability and net worth and with whom Tenaron has a substantive preexisting relationship or (3) the legal, accounting and financial advisors of persons described in (1) and (2). The investment vehicles referred to herein may transact business in your state or jurisdiction only if first excluded or exempted from applicable registration requirements.

All Content is meant to be reviewed in its entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions or disclosures apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any Content that you consult or download.

Not Investment Advice or a Public Solicitation

This website and the information contained herein are for informational purposes only and do not constitute a complete description of our investment management services or investment vehicles. It is not intended as investment advice. The information contained herein constitutes neither an offer to sell nor a solicitation of an offer to purchase any securities. Such an offer will be made only to qualified investors by means of a private offering memorandum and related subscription documents and only in those jurisdictions where permitted by law.

You acknowledge that any of your requests for information are unsolicited and any information shall neither constitute nor be construed as investment advice from Tenaron to you or to form an investment advisory relationship.

Investment Risks and Performance Information

Hedge funds are illiquid, subject to a substantial risk of loss and are not suitable for many investors. An investment in a Tenaron investment vehicle is subject to a variety of risks, certain of which are disclosed in the relevant investment vehicle’s private offering memorandum.

Past performance is not necessarily indicative of future results and is no guarantee of future returns. Return objectives are only targets and may not be achieved. Performance figures are unaudited estimates and are based on information from third-party sources that may be inaccurate or incomplete. Any comparison to an index is for illustrative purposes only. The investment strategies and risk characteristics of Tenaron investment vehicles are typically different from those of an index. Individual returns may vary due to, among other things, the timing of capital contributions and withdrawals, side pocket investments, tax withholding, special allocations of new issues and/or different fee arrangements.

Tenaron believes that the Content it provides is reliable. Nevertheless, neither Tenaron nor its agents are liable for any deficiencies in the accuracy, completeness, availability or timeliness of such Content. The Content provided on this website does not necessarily reflect the most up to date or current information available on the investment vehicle in question. The information contained herein is provided without any warranty of any kind.

Your Account

 

The website contains a login portal to a password-protected investor website operated by a third-party service provider on our behalf. The website may be accessed only by users who have been approved for an account by Tenaron. Such accounts will only be issued to authorized investors in an investment fund sponsored or managed by Tenaron, or to certain eligible prospective investors, each of whom represents and warrants as follows: you are, or the company or organization on whose behalf you will be accessing the Site, as applicable, is: an "accredited investor" within the meaning of the U.S. Securities Act of 1933, as amended; a "qualified client" within the meaning of the U.S. Investment Advisers Act of 1940, as amended; a "qualified eligible person" within the meaning of the U.S. Commodity Exchange Act, as amended; and a "qualified purchaser" within the meaning of the rules promulgated under the U.S. Investment Company Act of 1940, as amended. You agree to immediately contact Tenaron if there is any change in your eligibility status. Tenaron may disable any password in its sole discretion and without notice.

Ownership of Site, Copyright and Service Mark

This website and all Content are the property of Tenaron. The Tenaron website and any and all accompanying screens, Content, user interfaces, images, arrangements of information, related software and other proprietary property of Tenaron or its licensors is and shall remain the exclusive property of Tenaron and its licensors, as the case may be. All rights to the website remain with Tenaron or its licensors.  This site is for your personal and non-commercial use. You may not modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from this site.

Unauthorized Access

This site is not absolutely protected against unauthorized third parties. You acknowledge that any information provided through the internet may be potentially accessed by unauthorized third parties. Although Tenaron will make reasonable efforts to protect the privacy of users of this site, no guarantee can be made that unauthorized third parties will not access the information contained on the website. You acknowledge that Tenaron is not necessarily responsible for notifying you that unauthorized third parties have gained such access or that any data has been otherwise compromised during transmission across computer networks or telecommunications facilities, including, but not limited to, the internet.

Passwords and Security

You are responsible for the confidentiality and use of your password. Your password is an important means of protection for you. You agree to contact us immediately if you believe that an unauthorized person has obtained access to your password.

Privacy Policy

Tenaron does not disclose non-public personal information about our clients/investors or former clients/investors to third parties other than as described below.  We obtain non-public personal information about clients/investors from our discussions with you and from documents you deliver to us, including subscription documents as well as in the course of processing withdrawal/redemption requests or any other changes in your investment.  This information may include your name, address, e-mail address, social security number or tax identification number, bank or brokerage account numbers, financial situation, subscription commitments, withdrawals, transaction history and other personal information.

We may use this information to provide services to you, to open an account for you, to process a transaction for you, including as is necessary in the course of making investments, processing subscriptions and withdrawals and otherwise administering our funds.  In order to service your account and effect your transactions we may provide your personal information to our affiliates and to firms that assist us in servicing your account such as a clearing broker or fund administrator, and then only subject to customary undertakings of confidentiality.  We may also disclose such information to service providers and financial institutions with whom we have joint marketing arrangements.  We require third party service providers and financial institutions with whom we have joint marketing arrangements to protect the confidentiality of your information and to use the information only for the purposes for which we disclose the information to them.  We do not otherwise provide information about you to outside firms, organizations or individuals except to our attorneys, accountants and auditors as permitted or required by law or regulations or order of any court of competent jurisdiction or pursuant to any direction, request or requirement (whether or not having the force of law) of any central bank or any regulatory, tax or other government agency or body.

We restrict access to non-public personal information about you to our employees who need to know that information to provide products or services to you.  We maintain physical, electronic and procedural safeguards to protect your personal information.

Links

Tenaron has not necessarily reviewed unaffiliated sites linked to this site, if any, and is not responsible for the content of off-site pages or any other site linked or linking to this site. Your browsing of any off-site pages or other sites is at your own risk. Tenaron makes no representations whatsoever about the opinions of any third party appearing on a linked site, neither regularly monitors nor has control over the contents of such sites, and does not endorse, and disclaims all responsibility for, the content of such statements or websites.

No Warranty or Reliance

Performance information, market analyses or data or other information is not warranted by Tenaron or its affiliates as to completeness or accuracy, express or implied, and such information is subject to change without notice.

The website, including Content, text, graphics, software, links and other items are provided “as is,” “as available” without warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law. Without limitation, Tenaron does not warrant the accuracy, adequacy, completeness, reliability, timeliness or availability of the website or any Content on this site, and expressly disclaims liability for errors or omissions in the website. There is no warranty of merchantability, no warranty of fitness for a particular purpose, no warranty of non-infringement, no warranty of any kind, implied, express or statutory, in conjunction with the website. Any Content on this site is subject to change without notice. Tenaron further assumes no responsibility for, and makes 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. Please note that some jurisdictions do not allow the exclusion of certain warranties, so some or all of the above exclusions may not apply to you.

Limitation of Liability

In no event will Tenaron or any of its affiliates, including private funds that it advises, be liable for any damages, or for repairs or corrections that must be performed, to or on your computer, person or other property, including, without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the website or use thereof or the inability by any party to use such site, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Tenaron is advised of the possibility of such damages, losses or expenses.

 

How to Contact Tenaron

If you have any questions about the above, the security of any Tenaron communication, or have concerns about a website or any e-mail communication that you suspect may be fraudulent, please contact us using the following information:

Tenaron Capital Management LP
90 Park Ave., 25th Floor
New York, NY 10016


Telephone: 212-951-0595
E-mail: ir@tenaroncapital.com