LEGAL NOTICES AND TERMS
OF USE
Please read
carefully before proceeding.
Individuals who access the information made available on Full Circle Capital’s Web
site agree to the following:
Scope of Use/ No Warranties
Full Circle Capital
invites you to view, use and download a single copy of this Web Site for your informational,
non-commercial use to evaluate whether to enter into a business relationship with
Full Circle Capital. Such use shall not constitute a commercial use for the purposes
hereof. Except as otherwise provided in these Terms of Use, no part of any content,
information or software on or comprising this Web Site may be copied, downloaded
or stored in a retrieval system for any other purpose or redistributed in any form
or manner for any purpose without the express prior written permission of Full Circle
Capital. You understand that Full Circle Capital may discontinue, change or restrict
your use of this Web Site for any reason without notice.
By using this Web Site, you represent that you are at least 18 years old and are
a United States resident or an entity incorporated and headquartered in the United
States. If not, do not use this Web Site.
Full Circle Capital
takes care to ensure that the information provided on the Full Circle Capital Web
site is accurate at the date of publication. However the Full Circle Capital Web
site is provided without warranties of any kind, either expressed or implied, including
but not limited to warranties of title or implied warranties of merchantability
or fitness for a particular purpose. Opinions expressed herein are subject to change
without notice. All information and content on this Web site is furnished "AS IS,"
without warranty of any kind, express or implied, including but not limited to implied
warranties of merchantability, fitness for a particular purpose, or non-infringement.
Full Circle Capital will not assume any liability for any loss or damage of any
kind, arising or caused by, whether direct or indirect, the use of any part of the
information provided or the use of or download of any materials from this Web site.
While Full Circle Capital makes reasonable efforts to avoid technological problems,
at any time this Web site may have and may cause technological problems such as
viruses and other damaging computer programming routines or engines. Full Circle
Capital also 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. Full Circle Capital makes reasonable
efforts to ensure that this Web site is secure but does not guarantee the security
of this Web site, and is not liable for any damage or injury caused by the performance
or failure of performance of all or any portion of this Web site and is not liable
for any defects, delays, or errors in or resulting from use of this Web site.
NOTICE: Full Circle
Capital accepts applications for commercial loans only. The proceeds of any
loan received from Full Circle Capital shall not be used for consumer purposes.
If you are seeking a consumer loan, please do not use this Web Site.
Privacy Policy
Full Circle Capital
will exercise reasonable precautions to maintain the confidentiality of all information
provided in connection with accessing this site. Because such information can be
accessed through the Internet, no assurance can be given that this information will
remain secure. Full Circle Capital may, at anytime, disclose such information to
its employees, representatives, officers, agents or affiliates, as well as any government
entity, in the conduct of its business, to comply with applicable rules, orders,
subpoenas or other legal processes, or in order to provide information to any government
agency or official requesting such information, or for any other legitimate business
purpose.
This site does
not collect personally identifying information about individuals except when specifically
and knowingly provided by such individuals.
Proprietary Rights
Full Circle Capital
and FCF are registered trademarks in the US and other countries throughout the world.
No permission is granted to copy, distribute, modify, post or frame any text, graphics,
video, audio, software code, or user interface design or logos. The entire Full
Circle Capital Web site is subject to copyright with all rights reserved.
The information
contained on this Web site shall not be published, rewritten for broadcast or publication,
or redistributed in any medium without prior written permission from Fairfield Greenwich
Limited.
Passwords
Full Circle Capital
may provide users with a password to access certain areas of this Web site.
Users are solely
responsible for maintaining the confidentiality and security of such password and
may not disclose such password to any third party. Users accept full responsibility
for any use of their passwords and, as a condition to its issuance, must notify
Full Circle Capital immediately of any actual or suspected loss, theft, or unauthorized
use of their password.
Full Circle Capital
is not obligated to inquire as to the authority or propriety of any use of or action
taken under a user's password. Full Circle Capital will not be responsible for any
loss to user that arises from such use or action or from a user's failure to comply
with these provisions.
Users also understand
that being provided a password does not in and of itself allow a user to invest
in a Full Circle Capital fund, as investors in Full Circle Capital funds must meet
certain technical suitability requirements, and must enjoy a “pre-existing, substantive
relationship” with Full Circle Capital prior to investment. As a result, users should
be on notice that at least 30 days may transpire between the issuance of a password
and such time that they may be allowed to invest in an Full Circle Capital fund.
Users further understand
that in order for Full Circle Capital to exercise proper control of its web site,
it may terminate the password of any user without notice for any (e.g., letting
more than 90 days transpire between uses) or no reason.
Use of Links
The Full Circle
Capital Web site may contain hyperlinks to Web sites operated by other parties.
Full Circle Capital does not control the content or accuracy of information on such
Web sites and does not otherwise endorse the material placed on such sites. Further,
the warranties and Full Circle Capital privacy policy as described herein would
no longer apply with respect to your use of any hyperlinked or third-party web site.
The hyperlinks are provided for your reference only.
Investment Performance
Investors should
seek financial advice regarding the appropriateness of investing in any securities
or investment strategies discussed or recommended in this Web site and should understand
that statements regarding future prospects may not be realized. Investors should
note that income from such securities may fluctuate and that each security's price
or value may rise or fall. Accordingly, investors may experience a total loss of
an investment or may receive back less than originally invested. Past performance
is not necessarily a guide to future performance.
For Information Only
Not all securities,
products, or services described in the Full Circle Capital’s Web site are available
everywhere. The information contained herein does not constitute a distribution,
an offer to sell or the solicitation of an offer to buy any securities in any jurisdiction
in which such distribution or offer is not authorized. In particular, the information
herein is not for distribution and does not constitute an offer to sell or the solicitation
of any offer to buy any securities in the United States ("US") to or for the benefit
of any US person (being residents of the US or partnerships or corporations organized
under the laws of the US). Full Circle Capital’s funds have not been and will not
be registered in the US according to the US Investment Company Act of 1940 and units
or shares of Full Circle Capital’s funds will not be registered in the US according
to the US Securities Act of 1933.
Full Circle Capital’s
funds referred to in this web site are not recognized collective investment schemes
for the purposes of the Financial Services and Markets Act 2000 of the United Kingdom
(the "Act"). The promotion of such investment funds and the distribution of offering
materials in relation to such funds in the United Kingdom is accordingly restricted
by law. The information contained on the restricted part of this site (the "Restricted
Area") is directed only at persons to whom such investment funds may lawfully be
promoted by a person authorized under the Act (an "authorized person") by virtue
of Section 238(5) of the Act and Annex 5 to Chapter 3 of the FSA Conduct of Business
Sourcebook. Shares in the investment funds referred to in the Restricted Area are
only available to such persons and information on this site must not be relied or
acted upon by any other persons. Investors in the investment funds referred to in
the Restricted Area will not benefit from the rules and regulations made under the
Act for the protection of investors, nor from the Financial Services Compensation
Scheme. Shares in the investment funds referred to in this Web site are not dealt
in or on a recognized or designated investment exchange for the purposes of the
Act, nor is there a market maker in such shares, and it may therefore be difficult
for an investor to dispose of his shares otherwise than by way of redemption. Further,
FCC fund shares will not be marketed in Ireland without the approval in writing
of the Central Bank of Ireland.
Nothing in the
Full Circle Capital Web site constitutes investment, legal, tax or other advice
nor is it to be relied upon in making an investment decision. Subscriptions for
share or units in any of Full Circle Capital’s funds will only be made to existing
clients or known properties of Full Circle Capital which Full Circle Capital deems
suitable, on the basis of the current offering memorandum (or other offering document)
for the relevant fund.
Location, Governing Law and Miscellaneous
These terms and
conditions shall be governed and construed in accordance with the laws of the State
of New York, without regard to conflict-of-laws provisions. To the maximum extent
possible, the parties agree that the body of law known as the Uniform Computer Information
Act will apply to these Terms of Use and your use of the Web Site. Full Circle Capital
makes no representation or warranty that the information in this Web Site is appropriate
or available for use in other locations, and access to this Web Site from territories
where the content of this Web Site may be illegal or prohibited. If you access this
Web Site from other locations, you do so on your own initiative and you are responsible
for compliance with applicable local laws. Full Circle Capital disclaims any responsibility
for compliance with any such laws in such circumstances. These Terms of Use and
all documents incorporated herein by reference constitute the entire agreement between
Full Circle Capital and you with respect to this Web Site. In the event any portion
of these Terms of Use or any other provision of this Web Site is determined to be
unenforceable, invalid or void by a court of competent jurisdiction, the remaining
provisions shall remain valid and enforceable without any effect on their validity
and enforceability.
Violations and
Additional Policies
Full
Circle Capital reserves the right to seek all remedies available at law and in equity
for violations of the rules and regulations set forth in these Terms of Use or elsewhere
in this Web Site, including the right to block access from a particular Internet
address to this Web Site. You acknowledge that any violation of the rules and regulations
set forth in these Terms of Use or elsewhere in this Web Site will cause irreparable
injury to Full Circle Capital and remedies at law may be inadequate to protect Full
Circle Capital against any such actual or threatened breach. You agree to the granting
of equitable relief, including injunctive relief and specific performance, in Full
Circle Capital's favor without posting bond or the need to prove actual damages.
Any such equitable remedy shall not be deemed to be the sole and exclusive remedy
of Full Circle Capital hereunder but shall be in addition to all other remedies
available to Full Circle Capital at law or in equity.
No failure or delay by Full Circle Capital in exercising any right, power or privilege
under these Terms of Use will operate as a waiver thereof, nor shall any single
or partial exercise thereof preclude any other or further exercise of any right,
power or privilege hereunder. No provision of these Terms of Use can be waived or
amended except by the written consent of Full Circle Capital.
These Terms of Use are binding on any and all users of this Web Site.