STRATEGIES

TERMS OF USE (Last updated August 28, 2018)

This website, located at uniform resource locator https://www.migcap.com (the "Site"), is provided by MIG Capital, LLC (“MIG,” "we," "our," or "us") to the person accessing the Site ("you," or "your").

  1. You Agree to These Terms by Using the Site

    Your access to, and use of, the Site is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use. MIG may, at any time and without notice, modify these Terms of Use by revising them on the Site. Your continued use of the Site constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms of Use. You may not modify these Terms of Use except in a writing signed by MIG.

    If you do not agree and accept, without limitation or qualification, these Terms of Use, you must exit the site immediately.

  2. Permitted Use of the Site

    The information and materials on the Site are provided for general informational purposes. You may use the Site solely for the purpose of learning about MIG and its services. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on the Site for any other purpose.

    Specifically, Materials and information posted on the Site may be printed for your use, provided, however, that third party exchange data, if any, may not be downloaded, printed or redistributed for any purposes whatsoever. Materials and information posted on the Site may not be duplicated, copied, re-disseminated or re-distributed to any other person or entity. Re-dissemination and re-distribution includes, without limitation, making any such materials and information available via the Internet or via any other electronic means of access.

  3. No Offer

    The content and information on this Site are for informational purposes only and do not constitute any investment advice or advertisement or an offer to sell or a solicitation of an offer to purchase any securities or share/interest in any investment vehicles. All such offers may be made only to privately solicited investors who have been pre-qualified as to both investment suitability and net worth, including, without limitation, qualifying as accredited investors within the meaning of the Securities Act of 1933, as amended, after delivery of required disclosure documents and offering memoranda, and only in such jurisdictions in which such an offer would be lawful.

  4. No Reliance

    Please seek the advice of professionals as necessary regarding the evaluation of any content on this Site. The content on this Site is not intended to be, and you should not rely on information on the Site as investment, accounting, tax or legal advice. We provide advisory services solely to a person who has entered into a written investment management agreement with us and thereby become a client. Any estimates, projections or predictions on the Site are intended to be forward-looking statements and should be understood as matters of opinion. MIG expressly disclaims any obligation to update or revise any estimates, projections or predictions to reflect any change.

    No statements contained on the Site should be construed as a guarantee or assurance of future performance or future results. MIG’s past performance is not indicative of future results.

  5. Disclaimer - Warranty

    THE SITE, ITS CONTENT AND MATERIALS ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MIG HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    MIG does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. MIG does not make any warranties or representations regarding the use of the materials in the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

  6. User Submitted Content

    The Site may, from time to time, offer interactive features that allow users to submit content to the Site. MIG does not and cannot review all such content, and is not responsible for such content.

    You acknowledge that by providing the ability to view and distribute your user-generated content on the Site, MIG is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. However, MIG reserves the right to block or remove communications or materials that it determines to be unacceptable to MIG in its sole discretion.

    Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a MIG employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.

  7. Notice; Electronic Communications

    When you visit the site or send an e-mail to MIG, you are communicating with us electronically. You agree that any agreement, notice, disclosure and other communications that we provide to you electronically satisfies any legal requirement that such communications be in writing.

  8. Typographical Errors

    The Site may contain typographical errors. MIG reserves the right to update the Site at any time to correct any such errors.

  9. Indemnification

    You agree to indemnify, defend, and hold harmless MIG, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any negligent or wrongful conduct by you or any other person accessing the site using your Internet account.

  10. Limitations of Liability

    YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER MIG, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

  11. Third-Party Links

    MIG may link to sites operated by third parties. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, MIG specifically disclaims any responsibility if such sites: infringe any third party's intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.

    MIG does not endorse the content, or any products or services available, on such linked sites. Nonetheless, MIG seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

  12. Trademarks

    All trademarks, service marks, trade names and other product and service names and logos displayed on the Site are proprietary to MIG, including all registered and unregistered trademarks and service marks of MIG. If the Site includes any trademarks, service marks, trade names or logos of any third parties, such items are the proprietary marks and names of their respective owners, and are protected by applicable trademark and intellectual property laws. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Site without the prior written permission of MIG or such third party that may own the trademarks displayed on this Site. You may not use the trademarks displayed on the Site.

  13. Copyright

    Copyright © 2018, MIG CAPITAL, LLC. ALL RIGHTS RESERVED.

    All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MIG or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of MIG and protected by United States and international copyright laws. All software used on the Site is the property of MIG or its software suppliers and protected by United States and international copyright laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the site.

  14. Copyright Complaints

    MIG respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at IR@migcap.com

  15. Export Control

    Software and other materials downloaded or otherwise made available from the Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders.

    MIG does not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Control Laws.

  16. Law and Jurisdiction

    These Terms of Use and your use of the Site are governed by the laws of the State of California, without regard to its choice of law provisions. The courts of general jurisdiction located within the State of California, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.

  17. Assignment

    MIG may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

  18. Questions and feedback

    We welcome your questions, comments, and concerns about the Site. Please send us any and all feedback pertaining to the Site to IR@migcap.com.