TERMS OF USE.

Welcome to the Tres Palmas Ventures, LLC (“TPV” or “The Fund at Hula”) website. TPV provides its services to you subject to the following conditions. If you visit the TPV Website, you accept these conditions. Please read them carefully. 

Privacy

Please review our Privacy Policy to understand our practices. 

Use of the Website

You must be at least 18 years old to use our Website.  You will comply with all applicable laws, rules and regulations in connection with your use of the Website.  You will not violate or attempt to violate the security of the Website or TPV’s systems or network security, including, without limitation by (i) accessing data not intended for users of the Website or gaining unauthorized access to an account, server or any other computer system; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (iii) attempting to interfere with the function of the Website, host or network.  You may not “crawl,” “scrape,” or “spider” any portion of the Website (through use of manual or automated means).

Information Not Confidential; Not an Offer to Invest; Website Content

If you choose to contact any TPV personnel using the contact information you find on the TPV website (“Website”), you understand any information and/or materials you provide to such personnel will not be treated as confidential or proprietary.  TPV undertakes no obligation to review information submitted by you, or to return such information to you.  TPV may receive information that is similar to information you submit, or may have already received information containing ideas and plans that are the same as or similar to ideas and plans contained in information you submit to TPV.  Nothing you submit to TPV will cause it or its affiliated funds to be limited or restricted from the pursuit of any opportunities, either alone or with third parties.

Your use of the Website or communication with any TPV personnel is not an indication that TPV or its affiliated funds will invest in any business you are associated with, nor is it a solicitation to invest in any TPV entity or affiliated fund or an offer to provide advisory services.  You understand TPV is not in any way obligated to invest, offer the opportunity to invest, or to consider an investment or opportunity to invest. Any such offer or solicitation will be made separately and only by means of confidential offering documents specific to the relevant investment fund or other investment vehicle to investors that, among other requirements, meet certain qualifications under federal securities laws. There can be no assurance that TPV’s investment strategies will be successful or that TPV’s investment objectives will be achieved. Any investment in a fund or other investment vehicle managed by TPV involves a high degree of risk, including the risk of a complete loss of investment.

Any TPV portfolio companies or other investments described or referenced via the Website are not representative of all investments of the funds managed by TPV, and there can be no assurance that the investments described or referenced will be profitable or that future investments will have similar character or results. Any references to third party rankings or awards are provided solely for illustrative purposes; TPV has not participated in nor compensated any third party for inclusion in a third party ranking or award. Third party rankings and awards do not reflect the experience of all third parties with TPV or its personnel and do not imply similar results in the future.

Any opinions expressed via the Website reflect the views of the individual posters and are subject to change. Certain information available via the Website has been obtained from third-party sources, including from portfolio companies of investment funds managed by TPV. While taken from sources we believe are reliable, TPV has not independently verified all such information, and TPV makes no representation or warranty about the accuracy of such information or its suitability for any purpose. The opinions expressed via the Website are not intended to constitute investment, accounting, tax or legal advice; nothing in the Website is a recommendation that you purchase, sell or hold any security or other investment or that you pursue any particular investment strategy. Past performance is not necessarily indicative of future results.
Certain statements made or other information disseminated via the Website by individual TPV personnel may constitute “forward-looking statements” under the Privacy Securities Litigation Reform Act of 1995. To the extent any information made available via the Website constitutes a forward-looking statement (which may be identified by use of forward-looking terminology such as “may,” “will,” “should,” “expect,” “anticipate,” “upside,” “potential,” “project,” “estimate,” “intend,” “forecast,” “target,” “believe” or similar terminology), please note that actual events, results or performance may differ materially from those reflected or contemplated by such statement. TPV disclaims any obligation to update any forward-looking statement in the event it later turns out to be inaccurate, whether as a result of new information, future events or otherwise. Any projections, estimates, forecasts, targets or opinions expressed via the Website subject to change without notice and may differ from opinions expressed by others. Any charts included in the Website content are provided solely for general informational purposes and should not be relied upon when making an investment decision.

Electronic Communications

When you visit the TPV website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

TPV Proprietary Rights

The Website, including all of its contents (including, text, images, audio, and the HTML used to generate the pages) (“Content”), are the property of TPV or that of our suppliers or licensors and are protected trademark, copyright, and/or other intellectual property laws.  You may not download, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, license, transmit, or distribute any Content from this Website in whole or in part, for any public or commercial purpose without prior written consent from TPV.  TPV grants you a limited, personal, non-exclusive, non-transferable license to access the Website, and to use the Content, solely for personal, internal and non-commercial purposes.  TPV (on behalf of itself and its suppliers and licensors) reserves all rights not expressly granted herein.

Without limiting the foregoing, as between you and TPV (or other companies whose marks appear on the Website), TPV (or the respective company) is the owner and/or authorized user of any trademark, registered trademark, logo, and/or service mark appearing on the Website (the “Marks”).  Nothing on the Website should be construed to grant any license or right to use any Mark, whether of TPV or a third party. You may not use or exploit any Marks without prior written consent from the applicable owner thereof.

Links from and to the Website

The Website may contain links to third party websites (“Third Party Sites”).  Third Party Sites are not reviewed, controlled or examined by TPV in any way and TPV is not responsible for any content contained therein.  These links do not imply TPV’s endorsement of or association with any Third Party Site.  TPV is not liable, directly or indirectly, to anyone for any loss or damage arising from or in connection with use of the Third Party Sites.

Applicable Law

By visiting the TPV website, you agree that the laws of the state of Vermont, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and TPV or its affiliates.

Disputes

Any dispute relating in any way to your visit to the TPV website or to products you purchase through TPV shall be submitted to confidential arbitration in Vermont, except that, to the extent you have in any manner violated or threatened to violate TPV’s intellectual property rights, TPV may seek injunctive or other appropriate relief in any state or federal court in the state of Vermont, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Website Policies, Modification, and Severability

Please review our other policies posted on this Website. These policies also govern your visit to this website. We reserve the right to make changes to our Website, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Disclaimer of Warranties

THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND FUNCTIONALITY THEREOF, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND TPV (ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS) HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED.  NO ADVICE, RESULTS, INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NO CONTENT CAN OR SHOULD BE CONSTRUED AS PROFESSIONAL ADVICE OF ANY KIND (INCLUDING BUSINESS, INVESTMENT, ACCOUNTING, TAX, AND/OR LEGAL ADVICE).

Limitation of Liability

TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL  TPV, ITS AFFILIATES (INCLUDING AFFILIATED FUNDS) OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS (THE “TPV PARTIES”), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, EVEN IF ANY TPV PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  IN NO EVENT WILL THE TOTAL LIABILITY OF ANY TPV PARTY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR RELATED TO THE TERMS, THE CONTENT, AND/OR YOUR USE OF THE WEBSITE, EXCEED, IN THE AGGREGATE, $100.00.