Terms of Use

Last Updated: October 1, 2024 

Welcome to the PLUS Capital Management, LLC (“PLUS Capital”, “we”, “us” or “our”) website (the “Website”). By browsing, accessing or otherwise using the Website, you agree to accept these Terms of Use pertaining to both this Website and any material in it (“Terms of Use”). 

Your visit to the Website, including, but not limited to, all images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, systems and methods of trading, video clips, graphics, user interfaces, visual interfaces, information, data, tools, products, written materials, services, design, structure, selection, coordination, expression content, information, design, marks and layout therein, including but not limited to the design, structure, selection, coordination, expression and arrangement of any of the foregoing available on or through the Website, together (the “Content”), is subject to these Terms of Use, which may be updated by us at any time without notice to you. If we update our Terms of Use, we will post the updated Terms of Use on the Website. Any such changes will be effective upon posting. If you do not agree with these Terms of Use, you should not use the Website and you agree that your sole and exclusive remedy is to discontinue using the Website. The Website is not designed for use by minors and minors should not provide personal information through this Website. The Website is intended for use only by visitors who are located in the United States.

Nothing contained in these Terms of Use is intended to modify any other written agreement you may have with PLUS Capital (if any) that may be in effect.

If you have any questions or comments about these Terms of Use, please contact us at info@pluscapital.com.

Intellectual Property Rights and Prohibited Uses

The Website, including the Content, is the property of PLUS Capital or that of our affiliates or licensors and is subject to copyright, trademark and other laws. Except as otherwise expressly authorized by these Terms of Use, or without our prior written permission, you are not allowed to reproduce, copy, distribute, sell, rent, sub-license, store, or in any other manner reuse the Content. Except as expressly provided herein, we do not grant to you any express or implied rights to our intellectual property rights or that of any third party as a result of PLUS Capital making the Website available.

You may not (and may not encourage or assist others) to: 

(i) reproduce, republish, distribute, exploit commercially, use or modify without PLUS Capital’s express written consent, the Website or Content; 

(ii) access, copy or download the Website or Content using automated methods, including but not limited to, “web scraping” or “bots”, “robots” or “spiders” that “harvest” the Website or Content, interfere with the functioning of the Website or Content or restrict or inhibit any others from using the Website or Content; 

(iii) use any trademark, service mark or logo of PLUS Capital or any third party that appears on the Website without prior written consent or remove or obscure any copyright or other notices contained in the Website or the Content; 

(iv) if you link other websites to the Website, imply or suggest that PLUS Capital has endorsed or is affiliated with such websites and you may not display the Website as “framed” or “mirrored” within another website; 

(v) delete, decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Website or Content or any of the Websites’ source code or software; 

(vi) transmit any virus, worm, time bomb or similar system interference through the Website; 

(vii) violate these Terms of Use or any law, regulation, rule or intellectual property or contractual rights of others, or attempt to violate the security of the Website, including attempting to gain unauthorized access to Content or use or gain access to the identities, information or computers of others through the Website; or

(viii) use any hidden text or metatags using “PLUS Capital” on a website or content published on a website or otherwise. 

No Offer of Securities

Under no circumstances should any material at this Website be used or considered as an offer to sell or a solicitation of any offer to buy an interest in any investment fund managed by PLUS Capital. Any such offer or solicitation will be made only by means of the confidential offering documents relating to the particular fund. Access to information about the funds is limited to investors who either qualify as accredited investors within the meaning of the Securities Act of 1933, as amended, qualified purchasers within the meaning in the Investment Company Act of 1940 or those investors who generally are sophisticated in financial matters, such that they are capable of evaluating the merits and risks of prospective investments.

Informational Purposes Only

Nothing on the Website is an offer or solicitation to buy or sell any security, and PLUS Capital is not soliciting any action based on the Website.  Nothing on the Website is a recommendation that you purchase, sell or hold any security, or that you pursue any investment style or strategy.  Nothing on the Website is intended to be, and you should not consider anything on the Website to be, investment, accounting, tax or legal advice.  The past performance of any investment, investment strategy or investment style is not necessarily indicative of future performance.

No Reliance

While PLUS Capital uses reasonable efforts to update the information on this Website, it makes no representations or warranties as to the accuracy, reliability or completeness of any information at this Website. Any contents at this Website are subject to change without notice. Certain information contained herein has been obtained from third-party sources. Although PLUS Capital believes the information from such sources to be reliable, PLUS Capital makes no representation as to its accuracy or completeness. All Website content is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for ensuring that the cache settings on your browser are set to allow you to receive the most recent Website content.

Material to be Consulted in its Entirety

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

Linked Websites 

The Website may contain links to other websites. We are not responsible for the content, security or privacy practices of other websites and we do not endorse other websites or their content by virtue of linking to them from the Website. You should review the terms of use and privacy policies of any third party website that you visit. 

Online Privacy

PLUS Capital does not collect any personally identifiable information about visitors to the publicly available areas of the Website, including names, addresses, phone numbers or social security numbers.  PLUS Capital may collect and store any personal information that you knowingly provide to us.  We do not disseminate the non-public personal information of our clients or investors to any third parties unless in the furtherance of servicing their accounts or as required by law or regulation as described in our privacy policy.

No Warranty

The materials in this Website are provided “as is” without warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law. PLUS Capital further assumes no responsibility for, and makes no warranties that functions contained at this Website 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. PLUS Capital shall not be liable for any damages, viruses, or services, repairs or corrections that must be performed on your computer or other property on account of your accessing or using this Website. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.

Applicable Law

These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without regard to any principles of conflicts of law.  You agree that any action at law or in equity that arises out of or relates to your use of the Website will be filed only in the state or federal courts located in Los Angeles, California, and you hereby consent and submit to the personal jurisdiction and venue of such courts for the purposes of litigating any such action.

Awards/Affiliations/Professional Associations

References made to any awards, industry affiliations or professional associations are not an endorsement by any third party to invest with PLUS Capital and are not indicative of future performance. Investors should not rely on awards for any purpose and should conduct their own review prior to investing.