Disclaimer for Overcap

By visiting the Site, you agree to this Disclaimer, our Terms and Conditions, and our Privacy Policy, which may be updated by us at any time. If we update our Disclaimer, we will post the updated Disclaimer here. Any such changes will be effective upon posting. If you disagree with our Disclaimer or any part of our Disclaimer, you may not use the Site.

Investment Disclaimers

This Site is for general informational purposes only. Under no circumstances should any information or materials presented on the Site be used or construed as an offer to sell, or a solicitation of an offer to buy, any securities, financial instruments, investments or other services. Dated content speaks only as of the date indicated.

This Site does not provide specific investing advice or strategies to any individual. The investments and strategies discussed in the Content may not be suitable for all investors and are not obligations of or guaranteed by Overcap or any of its affiliates. Nothing contained on the Site constitutes investment, legal, tax or other advice nor is to be relied on in making an investment or other decision. Decisions based on the Content are the sole responsibility of the user. If you would like investment, accounting, tax or legal advice, you should consult with your own financial advisors, accountants or attorneys regarding your individual circumstances and needs. You agree that Overcap is not liable for any action you take or decision you make in reliance on any Content. Overcap will not treat users of the Site as its partners, clients, customers or investors by virtue of their accessing the Site.

Past performance is not indicative of future results

No representation is being made that any investment or transaction will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. The investment return and principal value of an investment may fluctuate, and, as a result, with respect to products which provide for redemptions, your redemption value may be more or less than original cost.

The Site contains forward-looking statements, which reflect our current views with respect to, among other things, the operations and performance of our businesses, which are subject to various risks and uncertainties. You can identify these forward-looking statements by words such as "believes", "estimates", "anticipates", "expects", "plans", "intends", "may", "could", "might", "will", "should", "aims", or other similar expressions that convey uncertainty of future events or outcomes. Forward-looking statements include statements regarding our intentions, beliefs, assumptions, projections, outlook, opinions, analyses or current expectations concerning, among other things, results of operations, financial condition, business outlook, the industry, sector or region in which we operate or for which we provide research and the trends that may affect the industry, sector or region or us. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. We undertake no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.

User obligations

Any investment or investment activity to which this Site relates is available only to, and will be engaged in only with, professional investors. Any person who is not a professional investor should not act or rely in this Site or any of its content. The information on this Site is not intended for retail customer use. The information contained within this Site is provided for convenience only as part of the services we offer. The information provided is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or that would subject Overcap, to any regulation under, or registration requirement within, such jurisdiction or country. Products or services described herein may not be available in all jurisdictions. The information herein does not constitute or form part of an offer to sell or the solicitation of an offer to buy or sell any securities or services.

Users of the Site assume responsibility for determining whether any legal or regulatory considerations limit their access to, or use of, this Site and their compliance with local laws and regulations. Accordingly, persons or entities wishing to access this Site are required to inform themselves about and to observe such restrictions. It is your responsibility to be aware of and to observe all applicable laws and regulations of any relevant jurisdiction. The Site is subject to change without notice. All electronic communication, including email, linked websites, shall be treated on basis of our Site and the terms herein. However, neither Overcap, nor any of its directors, shareholders, affiliates, partners, trading names or related companies can accept any liability for the accuracy or content. We shall have no liability for any loss or damage arising out of the use of or reliance on information provided including without limitation, any loss or other damage, direct or consequential. Visitors who rely on this information do so at their own risk and accept this fact by entering the Site.

You are promising to act responsibly – which means you are making the following Promises:

• That you have the right, authority, and capacity to enter into the relationships with Overcap on your own behalf and on behalf of any entity for whom you are acting;
• You agree not to impersonate any other person or entity or to use a false name or email address that you are not authorized to use with the intent to impersonate that person or for any other reason;
• You shall keep confidential, shall not use for any purpose not permitted in these Terms and Conditions and shall not disclose your password in your use of the Site;
• That you will update your registration information with the Company as needed so that it remains true, correct and complete;
• That you will conduct yourself in a professional manner in all your interactions with Overcap and with any other Overcap community member, including but not limited to our subsidiaries, affiliates, officials, employees or personnel.

Important Information for investors in the European Economic Area. In the European Economic Area, the information in this Site is only directed at "qualified investors" within the meaning of Article 2(1) (e) Directive 2003/71/EC and is not to be issued nor distributed to persons other than qualified investors within the meaning of Article 3(2)(a) of Directive 2003/71/EC, the "Prospectus Directive". The information contained in this Site must not be accessed by, acted on, or relied on by persons in the European Economic Area who are not qualified investors. Within the European Economic Area, any investment or investment activity to which the information in this Site relates, is only available to qualified investors and will be engaged in only with qualified investors.

Important Information for Investors in Hong Kong: In Hong Kong, this Site is directed only at persons who qualify as “professional investors” as defined in the Securities and Futures Ordinance ('SFO') and the Securities and Futures (Professional Investor) Rules made under the SFO. The information contained in this Site does not constitute an “offer to the public” within the meaning of the Companies Ordinance, and is not an advertisement, invitation or document relating to any securities or collective investment schemes or any other investment under the SFO. None of the funds and/or products described in this Site have been authorized by any regulatory authority in Hong Kong.

Indemnity

You agree to indemnify and hold the Company harmless (including against costs and attorneys’ fees) from and against all claims, liability, loss, cost and expenses or demand made by any third party due to or arising out of your access to or use of the Services, the violation of this Agreement by you, the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, or for any Content posted through the Services by you (including claims related to invasion of privacy or other violation of a person’s rights). Your obligations under the foregoing indemnity may not be offset against any other claim you may have against the Company or any Company Person. You remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services. The terms and provisions of this Paragraph shall survive the termination or expiration of your account(s) or the Services.

Release

You hereby release any claims you may have against Overcap that are in any way related to the Services or your use of Content, including any representations, recommendations or referrals you may receive as a result of your registration with Overcap. You shall be solely responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third party partners, regardless of the cause, or for the results obtained from the use of your Content.

Confidentiality

By registering with Overcap, or otherwise using the Services or viewing Content made available through the Site in any way, you may be exposed to Sensitive Information. It is expected that you will use discretion in handling Sensitive Information. You agree that you will not republish, or cause any third party to republish, any information you acquire through the Services via an Internet Site or otherwise, for which one of the principal purposes is to compete with Overcap. You further agree that you will not use Sensitive Information for any reason other than your evaluation of a particular investment opportunity unless approved in advance in writing by Overcap.

Linked Sites

Overcap does not review or monitor any websites linked from or to the Site and is not responsible for the content of any such websites, or any products or services contained on or accessible through such other websites, their terms of use or privacy policies. You are advised to review the terms of use and privacy policies of any website that you visit. Overcap disclaims responsibility for the privacy policies and customer information practices of third-party internet websites linked from the Site.

Email disclaimer

Any business communication, sent by or on behalf of Overcap, is confidential and may be privileged or otherwise protected. This e-mail message is for information purposes only, it is not a recommendation, advice, offer or solicitation to buy or sell a product or service nor an official confirmation of any transaction. It is directed at persons who are professionals and is not intended for retail customer use. This e-mail message and any attachments are for the sole use of the intended recipient(s). Our company accepts no liability for the content of this email, or for the consequences of any actions taken on the basis of the information provided, unless that information is subsequently confirmed in writing. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please notify the sender by reply e-mail and destroy all copies of the original message and any attachments. By replying to this e-mail, you consent to Overcap monitoring the content of any e-mails you send to or receive from Overcap. Overcap is not liable for any opinions expressed by the sender where this is a non-business e-mail. Emails are not secure and cannot be guaranteed to be error free. Anyone who communicates with us by email is taken to accept these risks.

Technical Warning

The owner of the Site cannot be held liable for technical faults that may be detected when using the Site. By providing all necessary means, the owner of the Site is firmly committed to providing a secure Site for its users.

Limitation of Liability

Overcap, its affiliates and their respective officers, directors, managers, partners, members, shareholders, employees, affiliates and agents (collectively “Related Persons”) make no representations or warranties and specifically disclaim any and all warranties of any kind, express or implied, with respect to the Site and the Content, including any representations or warranties with respect to merchantability, fitness for a particular purpose, title, non-infringement, availability, security, accuracy, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery. Your use of the Site and the Content is on an “as is” and “as available” basis.

In no event shall Overcap, its affiliates or their Related Persons be liable to any party for any claims, liabilities, losses, costs or damages under any theory, including but not limited to any direct, indirect, punitive, special, incidental, or consequential damages arising out of in connection with any access, use (or inability to use) or distribution of the Site, or any Content therein. This is true even if Overcap has been advised of the possibility of such damages or losses.

If you have any questions or comments, please contact us info@overcap.me

Last Updated July 3, 2023