Disclaimer / Term of Use
Last updated: Jun 11, 2021
Please read the disclaimer below carefully. You must accept its terms before you can proceed.
Users of this website are responsible for observing all applicable laws and regulations in their relevant jurisdictions before proceeding to access the information contained herein. By proceeding to access the information, users are deemed to have represented and warranted that the applicable laws and regulations of their relevant jurisdiction allow them to do so. No information contained on this website constitutes or would be deemed to constitute an invitation in any jurisdiction to invest or otherwise deal in the shares of Breach Inlet.
None of the information contained in this website constitutes an offer to sell, or a solicitation of an offer to buy or subscribe for, any shares or other securities to the public.
None of the information contained in this website constitutes an offer to sell, or a solicitation of an offer to buy or subscribe for, any shares or other securities in the United States or in any other jurisdiction, nor shall it, or the fact of its distribution, form the basis of, or be relied upon, in connection with or act as an inducement to enter into any contract or commitment therefor.
Shares may not be purchased by an “employee benefit plan” within the meaning of the U.S. Employee Retirement Income Security Act of 1974, as amended (“ERISA”), including (i) an investor using assets of: (A) an “employee benefit plan” as defined in Section 3(3) of ERISA that is subject to Title I of ERISA; (B) a “plan” as defined in Section 4975 of the U.S. Internal Revenue Code, as amended (the “IRC”), including an individual retirement account or other arrangement that is subject to Section 4975 of the IRC; or (C) an entity which is deemed to hold the assets of any of the foregoing types of plans, accounts or arrangements that is subject to Title I of ERISA or Section 4975 of the IRC.
Breach Inlet has not been and will not be registered under the U.S. Investment Company Act of 1940, as amended (the “Investment Company Act”), and investors will not be entitled to the benefits of that Act.
In addition, the shares in Breach Inlet have not been and will not be registered under the U.S. Securities Act of 1933, as amended (the “Securities Act”). Consequently, shares in Breach Inlet may not be offered, sold or otherwise transferred within the United States or to, or for the account or benefit of, “U.S. persons” as defined in Regulation S under the Securities Act absent registration or an exemption from registration under the Securities Act. No public offering of any shares in Breach Inlet is being, or has been, made in the United States.
All investment is subject to risk. The value of the shares and investments in Breach Inlet may go down as well as up. Past performance is no guarantee of future returns and there is no guarantee that the market price of Breach Inlet’s shares will fully reflect their underlying net asset value. There is also no guarantee that Breach Inlet’s investment objective will be achieved. Potential investors are advised to seek expert financial advice before making any investment decision and should be aware that they may not fully recover the amount invested.
Neither Breach Inlet nor Chris Colvin, CFA (“Colvin”), the investment manager of Breach Inlet, assumes any obligation to update the information contained in the Prospectus or the Supplement thereto, unless a new offering in Breach Inlet will be undertaken.
The information on this website is for information purposes only. Unless specifically stated otherwise, it does not constitute an offer to purchase or sell any security or investment product, nor does it constitute professional advice. Any product and service mentioned in this website are not offered to any person or entity in any jurisdiction or country where the advertisement, offer, solicitation, provision or sale of such product and service is restricted or prohibited by law or regulation or where COLVIN or Breach Inlet or any of their respective affiliates would be subject to any regulation or licensing requirement.
If you proceed to access the information included in this website, you acknowledge that you have read and agree with the above statement.
Nothing in this website is, or should be relied on as, a promise or representation as to the future. This website contains forward-looking statements, which reflect the views of Breach Inlet and COLVIN with respect to, among other things, Breach Inlet’s operations. Investors can identify these forward-looking statements by the use of words such as “believe”, “expect”, “potential”, “continue”, “may”, “will”, “should”, “seek”, “approximately”, “predict”, “intend”, “plan”, “estimate”, “anticipate” or other comparable words. These forward-looking statements are subject to various risks, uncertainties and assumptions. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. Should any assumptions underlying the forward-looking statements contained on this website prove to be incorrect, the actual outcome or results may differ materially from outcomes or results projected in these statements. None of Breach Inlet, COLVIN or any of their respective affiliates undertakes any obligation to update or review any forward-looking statement, whether as a result of new information, future developments or otherwise, except as required by applicable law or regulation.
Copyright of all images and text in this website is owned by or licensed to Breach Inlet or one of their respective affiliates unless otherwise noted. You may imprint, copy download or temporarily store extracts from this website for your personal information and use. You may not alter or otherwise make any changes to any material that you print or download from this website, including, without limitation, removing any identifying marks or legends from such material. You may not distribute these materials to others. Any other use is prohibited unless you first request and obtain our written permission. In particular no one may copy or use a part of the website on any other website, or link any other website to this website, without the prior written permission of COLVIN and Breach Inlet. You may not use the website for any purpose which is unlawful, abusive, libelous, obscene or threatening.
All trademarks, service marks and logos used on this website are trademarks or service marks or registered trademarks or service marks of either Breach Inlet, COLVIN, their respective affiliates or their associates and service providers and should not be copied, altered or abused in any way.
Although each of Breach Inlet and COLVIN has taken all reasonable care to ensure that the information contained within this website is accurate no representation or warranty (including liability towards third parties), expressed or implied, is made as to its accuracy, reliability or completeness by Breach Inlet, COLVIN, their respective affiliates and third parties that have provided information contained in this website. Opinions and any other contents expressed on this website are provided for your personal use and informational purposes only and are subject to change without notice. Nothing contained on this website constitutes investment, legal, tax or other advice and is not to be relied on in making an investment or other decision. You should obtain relevant and specific professional advice before making any investment decision.
The information and opinions contained in this website are provided without any warranty of any kind, either expressed or implied, to the fullest extent permissible pursuant to applicable law. None of Breach Inlet, COLVIN or any of their respective affiliates further assumes any responsibility for, and makes any warranties that, information and supplies contained on this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the servers that make it available will be free of viruses or other harmful components.
You agree that under no circumstances, including, but not limited to, negligence, shall Breach Inlet or COLVIN or any third party that has provided information contained in this website or any of their respective affiliates be liable for any direct, special or consequential damages that result from the access or use of, or the inability to access or use, the materials on this website. This does not exclude or restrict any duty or liability Breach Inlet or COLVIN has to its customers under the regulatory system in the Netherlands or Guernsey.
Neither Breach Inlet nor COLVIN has reviewed any website linked to this website and neither Breach Inlet nor COLVIN is responsible for the contents of off-site pages or any other websites linked or linking to this website. If you follow any links off this website you do so at your own risk.
Links to this website may not be established without the prior written consent of Breach Inlet and COLVIN.
Exclusions of Legal Liability
Although each of Breach Inlet and COLVIN tries to make this site as accurate as possible and to use information obtained from other sources that Breach Inlet and COLVIN believe to be reliable, each of Breach Inlet and COLVIN does not guarantee, nor take any responsibility for, its accuracy.
The fact that information, products or services are shown on this website does not necessarily mean that you should rely on the information or that the information continues to be valid. All documents have their own shelf life and may be included on this website for historical reference purposes only.
Breach Inlet Capital Management, LLC User Agreement
By accessing or using Breach Inlet Capital Management, LLC 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”), and you shall be considered a “User.” This User Agreement is entered into by and between you, Breach Inlet Capital Management, LLC and all current and future affiliates of Breach Inlet Capital Management, LLC (collectively referred to as “Breach Inlet Capital Management, LLC”), and governs your access and use of the Site and the products and services available on and via the Site.
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE. YOUR USE OF THE SITE 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 HEREIN, DO NOT USE THE SITE.
- General Provisions. BREACH INLET CAPITAL MANAGEMENT, LLC hereby grants you a revocable, nontransferable, nonexclusive right to use the Site solely in accordance with this User Agreement. The foregoing license has been granted to you subject to your agreement to abide by this User Agreement as well as any other rules, procedures, policies, terms or conditions governing the Site that may be displayed from time to time on the Site and to which Users will be bound. The information accessible on and via the Site is the property of BREACH INLET CAPITAL MANAGEMENT, LLC and/or third parties, and is protected by copyright and other intellectual property and proprietary rights. Without limiting the foregoing or expanding any of your rights hereunder, you agree that you will not publish, broadcast, retransmit, reproduce, commercially exploit, create any derivative of or otherwise disseminate such information, the Site or any portion of the Site. You may not use the Site to transmit, distribute or store material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property right of another or violate the privacy, publicity or other personal right of another, or (c) that is defamatory, obscene, threatening, abusive or hateful. You are prohibited from violating or attempting to violate the security of the Site. The material contained on this site is believed to be accurate at the time it was posted, but is provided to users “As Is” without any express or implied warranty as to availability, reliability, merchantability, non-infringement, accuracy, completeness, timeliness, fitness for a particular purpose or otherwise.
- Passwords and Security. You may not access any password-protected portion of the Site unless you received a password from and are authorized by BREACH INLET CAPITAL MANAGEMENT, LLC. You are solely responsible for any use of or action taken under your password on the Site. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party (other than your qualified legal, tax or financial advisor). You accept full responsibility for all activity conducted through your account and agree to and hereby release BREACH INLET CAPITAL MANAGEMENT, LLC from any and all liability concerning such activity. You agree to notify BREACH INLET CAPITAL MANAGEMENT, LLC immediately of any actual or suspected loss, theft or unauthorized use of your password. BREACH INLET CAPITAL MANAGEMENT, LLC has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. BREACH INLET CAPITAL MANAGEMENT, LLC will take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons or entities.
- Investigation and Disclosure of Information. BREACH INLET CAPITAL MANAGEMENT, LLC has the right, but not the obligation, to monitor any activity and content associated with the Site. BREACH INLET CAPITAL MANAGEMENT, LLC may investigate any complaint or reported violation of its policies and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspending or terminating your use of all or any portion of the Site and denying you access to all or any portion of the Site. BREACH INLET CAPITAL MANAGEMENT, LLC also reserves the right to report any activity that it suspects may violate any law or regulation to appropriate law enforcement officials, regulators, or other persons or entities. In order to cooperate with governmental requests, to protect BREACH INLET CAPITAL MANAGEMENT, LLC’s systems and Users, to ensure the integrity and operation of the Site, business or systems, or otherwise to comply with the law and legal process, BREACH INLET CAPITAL MANAGEMENT, LLC may access and disclose any information it considers necessary or appropriate.
- Ownership. The Site, its content and any and all intellectual property rights pertaining thereto (including but not limited to copyrights, patents, trademarks and service marks) are owned by BREACH INLET CAPITAL MANAGEMENT, LLC or third parties, and all right, title and interest therein and thereto shall remain the property of BREACH INLET CAPITAL MANAGEMENT, LLC and/or its licensors, successors or other third parties. You agree not to remove any copyright, trademark or other proprietary notice or legend contained on the Site or its content (or printed copies thereof). BREACH INLET CAPITAL MANAGEMENT, LLC and other names and indicia of BREACH INLET CAPITAL MANAGEMENT, LLC’s products and/or services referenced herein are exclusive trademarks and service marks of BREACH INLET CAPITAL MANAGEMENT, LLC. Other product and company names and trademarks appearing in the Site are the trademarks of their respective owners.
- Termination. BREACH INLET CAPITAL MANAGEMENT, LLC reserves the right to reject your registration or suspend or terminate your access to and use of all or any portion of the Site at any time and for any reason, in its sole discretion. The User Agreement will continue to apply to your past use of the Site in the form in which it then existed at the time of the subject use. Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to BREACH INLET CAPITAL MANAGEMENT, LLC.
- No Advice, Offers or Solicitations. You acknowledge that the information contained on the Site is not and should not be construed as legal, tax, accounting or investment advice (including any advice concerning the suitability or profitability of any security or investment). You acknowledge that the information contained on the Site (unless explicitly stated otherwise) is not and should not be construed as an offer or solicitation of any kind to buy or sell any securities or other financial instruments. Any such offer can and will only be made by means of a Private Placement Memorandum of each such investment fund 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.
USERS SHOULD CONSULT WITH, AND SEEK PROFESSIONAL ADVICE FROM, THEIR OWN ATTORNEYS, ACCOUNTANTS AND FINANCIAL ADVISORS WITH RESPECT TO THEIR INDIVIDUAL CIRCUMSTANCES AND NEEDS.
- No Recommendations of Individual Securities. You acknowledge that the information contained on the Site is not and should not be construed as advice or recommendations regarding individual securities including advice or recommendations concerning the suitability of, and investment strategies for, individual securities. Research, analysis, news and other information made available electronically do not constitute individualized recommendations to buy, sell or otherwise invest in a particular security. You are solely responsible for determining the nature, value and suitability of individual securities and you alone bear the risk of all transactions entered through your account.
- Performance. Past performance is no indication of future performance, and nothing on this Web site should be interpreted to state or imply otherwise. There can be no assurances that investors will have returns on invested capital similar to the returns presented because of, among other reasons, differences in economic conditions, regulatory climate, portfolio size, leverage, expenses and structure, as well as investment policies and techniques.
An investment in the funds managed by BREACH INLET CAPITAL MANAGEMENT, LLC is speculative and involves a high degree of risk. Breach Inlet Capital Management, LLC will employ certain trading techniques, such as short selling and the use of leverage, which may increase the risk of investment loss. As a result, performance may be volatile, and an investor could lose all or a substantial amount of his or her investment. Further, the funds managed by BREACH INLET CAPITAL MANAGEMENT, LLC have substantial limitations on an investor’s ability to redeem or transfer their shares, and there is no secondary market for an interest in the funds and none is expected to develop. Finally, the funds’ fees and expenses may offset trading profits. These risks and other important risks are described in detail in a Confidential Private Offering Memorandum available for the fund. Prospective investors are strongly urged to review the relevant Confidential Private Offering Memorandum carefully, and consult with their own financial, legal and tax advisors before making an investment in the funds.
Certain of the performance information presented is estimated, unaudited and is subject to adjustment.
- Disclaimer of Warranties. THE SITE AND ALL INFORMATION AVAILABLE ON OR VIA THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, RELIABILITY, ACCURACY, COMPLETENESS, TIMELINESS OR SEQUENCING OF THE SITE OR THE INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR VIA THE SITE; AND (2) ANY WARRANTIES OF TITLE OR EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
- Limitation of Liability. IN NO EVENT SHALL BREACH INLET CAPITAL MANAGEMENT, LLC OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS USER AGREEMENT, THE SITE, THE INABILITY TO USE THE SITE OR ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED, OBTAINED OR STORED IN OR FROM THE SITE, OR TRANSACTIONS ENTERED INTO VIA THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BREACH INLET CAPITAL MANAGEMENT, LLC OR ANY OF ITS AFFILIATES HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT SHALL THE LIABILITY OF BREACH INLET CAPITAL MANAGEMENT, LLC OR OF ANY BREACH INLET CAPITAL MANAGEMENT, LLC AFFILIATE IN ANY CIRCUMSTANCE EXCEED $100.
WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS PARAGRAPH, THESE LIMITATIONS ALSO APPLY TO ANY THIRD PARTY CLAIMS AGAINST USERS.
- Indemnity. You agree to indemnify, defend and hold harmless BREACH INLET CAPITAL MANAGEMENT, LLC and its affiliates from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising from or relating to (i) your use of the Site; (ii) your breach of this User Agreement or any representation, warranty or covenant made by you herein; or (iii) your violation of any applicable law, statute, ordinance, regulation or any third party’s rights. This obligation survives the termination of this User Agreement.
- Modifications. BREACH INLET CAPITAL MANAGEMENT, LLC may modify the terms of this User Agreement or any of the policies or guidelines governing the Site, at any time and in its sole discretion, by posting the modified User Agreement on the Site. The modifications shall be effective upon such posting (unless some other date is specified in the posting, in which case that date shall be deemed the effective date for the modifications). You agree to review this User Agreement periodically so that you are aware of any modifications. Your use of the Site indicates your full acceptance of the User Agreement in its then current each time you use the Site. You agree that the notice provisions provided in this User Agreement are reasonable. You may not modify the terms of this User Agreement or any of the policies or guidelines governing the Site without BREACH INLET CAPITAL MANAGEMENT, LLC’s express prior written consent.
- Applicable Law. This User Agreement and all terms and conditions included or incorporated by reference herein shall be governed by and interpreted in accordance with the laws of the State of Texas applicable to agreements made and wholly performed therein. You hereby consent to the exclusive jurisdiction of Texas, in all disputes arising from or relating to this User Agreement or your access to or use of the Site. You hereby waive any objection to venue or inconvenient forum laid therein.
BREACH INLET CAPITAL MANAGEMENT, LLC makes no claim that the Site may be lawfully viewed or downloaded outside of the United States. Access to the materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
- Joint Venture. Nothing in this User Agreement shall constitute or create a joint venture, partnership, or any other similar arrangement between you and BREACH INLET CAPITAL MANAGEMENT, LLC. Neither party is authorized to act as agent or bind the other party except as expressly stated in this User Agreement.
- Assignability. This User Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. BREACH INLET CAPITAL MANAGEMENT, LLC 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 hereunder. Any purported assignment of this User Agreement in violation of its terms shall be void.
- Notice to BREACH INLET CAPITAL MANAGEMENT, LLC. Any notice to BREACH INLET CAPITAL MANAGEMENT, LLC that is required or permitted by this User Agreement shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to firstname.lastname@example.org
- No Waiver of Rights. Failure of either party to enforce any of its rights under this User Agreement will not act as a waiver of such rights.
- Enforceability. If any portion of 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.
- Headings. Headings used in this User Agreement are for convenience only. They do not constitute part of this User Agreement.