I. Terms of Use

Welcome to the Vista Point Capital, LLC (“Vista Point Capital, we, our or us”) website. By accessing this website and any materials presented herein (the “Site”) via any media or electronic device, including Internet, telephone and wireless devices, you accept in their entirety and without modification the following terms, conditions and disclosures pertaining to the use of the Site (the “Terms of Use”). If you do not accept these terms and conditions, do not use this website. Your use of this website indicates your full acceptance of these Terms of Use in its then-current form each time you use the website. Vista Point Capital reserves the right to change the terms and conditions at any time, without notice. If you do not agree with the changes in the Terms of Use, your sole remedy is to discontinue the use of the website. By using this website after we post any changes to the Terms of Use, you thereby agree to accept those changes.

The information that we provide is for your information only. Some information provided may not be current, or may have changed since the last time you viewed or downloaded it. All information is subject to change without notice. We do not in any way represent or warrant the accuracy or reliability of any of the information provided, and all information is provided subject to the disclaimers and limitations of liability set forth below.

Please read the entire Terms of Use carefully before you use the website. If you do not agree to all the Terms of Use, you may not use our website. By using the website, you are deemed to have accepted the terms of use of these Terms of Use.

II. Important Disclaimers

The material contained in this website does not constitute any offer or sale or any form of general solicitation or general advertising of interests in Vista Point Capital private pooled investment funds. Nothing on this website is an offer or solicitation to buy or sell any security, and Vista Point Capital is not soliciting any action based on the website. Nothing on this website is a recommendation that you purchase, sell or hold any security, or that you pursue any investment style or strategy. Nothing on this 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 indicative of future performance.

We make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative, risk and are responsible for compliance with local laws.

News, views, opinions, recommendations and other information obtained from sources outside of Vista Point Capital are believed to be reliable, but we cannot guarantee the accuracy or completeness of such information. Further, Vista Point Capital reserves the right to change or amend the information provided at any time and without prior notice.

All materials on the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures and any copyright or proprietary notices, including those contained in these Terms of Use and the Privacy Policy. Any disclaimers, restrictions or disclosures apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

III. Ownership and Proprietary Rights to Content

This website is owned and operated by Vista Point Capital. Any claims or concerns regarding this website should be addressed to: contact@vistapointcap.com.

You acknowledge and agree that this site contains information, data, software, photographs, graphics, text, images, logos, icons, typefaces, audio and video material, and/or other material protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. The content of this website is our property or that of our suppliers or licensors and is protected by U.S. and international copyright laws. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer, license, sell, create derivative works from, or in any way exploit any of the content, in whole or in part. You may not upload, post, reproduce, perform, or distribute in any way any content without obtaining permission of the owner of the copyright, trademark or other proprietary right.

IV. Privacy Policy

Please refer to our Privacy Policy page.

V. No Warranty

You expressly understand and agree that:
    • Your use of the site is at your sole risk. The site is provided on an “as is” and “as available” basis. To the fullest extent permissible pursuant to applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
    • We do not warrant or represent that (i) the site will meet your requirements, (ii) the site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the site will be accurate or reliable, (iv) the quality of any services, or information, or other material obtained by you through the site will meet your expectations, (v) the server that makes the site available is free of viruses or other harmful components; or (vi) any errors in the software will be corrected.
    • You are solely responsible for the security of your computer system, including, using and maintaining appropriate anti-virus, firewall and backup software. Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and that you will be solely responsible for any loss or damage incurred, including, without limitation, damage to your computer system or loss of data that results from the download of any such material. Vista Point Capital disclaims any responsibility or liability for any problem with your computer systems, including any Virus (as defined below) that your computer systems receive as a result of your use of the Site. As used herein, “Virus” means: (i) program code or programming instruction or set of instructions that disrupt, disable, harm, interfere with, otherwise adversely affect or without authorization access or delete computer programs, data files or operations; or (ii) other code typically described as a virus or by similar terms, including a Trojan horse, worm or backdoor.
    • No advice or information, whether oral or written, obtained by you from us or through or from the site shall create any warranty not expressly stated in these Terms of Use.
    • Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

VI. Limitation of Liability; Indemnification

Vista Point Capital’s liability with respect to the Site is limited to the maximum extent permitted by law. In no event will we, our affiliates or our or our affiliates’ members, directors, officers, employees, contractors, agents, advisers or consultants be liable for any indirect, incidental, special, punitive, or consequential damages, however caused, arising out of these Terms of Use, the Site, or the inability to use the Site. Our liability is limited even if we have been advised of the possibility of the damages that you suffer or if any remedy you have is inadequate. This disclaimer of liability applies to any and all damages or injury, including those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorized access to, alteration of or use of any asset, whether for breach of contract, tortious behavior, negligence or under any other cause of action.

You agree to indemnify, defend and hold harmless Vista Point Capital and its affiliate, agents, employees and third-party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) that arise from or relate to: your use of the Site; your breach of these Terms of Use or any representation, warranty or covenant made by you in these Terms of Use; your violation of any applicable law, statute, ordinance, regulation or of any third-party’s rights; or any claims asserted by third-parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in these Terms of Use.

VII. Links to Third-Party Websites

Linked sites, “Hypertext links,” and/or “hyperlinks,” to or from other Internet sites may be included at times as a convenience to the user. Vista Point Capital is not responsible for information on any third-party web site that is referred in, accessible, or connected by hyperlink to, the Site. If you access any third-party web site through the Site or otherwise, you do so at your own risk. Hyperlinks to or from the Site do not constitute, and should not be viewed to reflect, a third-party endorsement of, sponsorship by, or affiliation with us.

VIII. Unlawful or Prohibited Use and Monitoring

As a condition of your use of this Site, you warrant to Vista Point Capital that you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use. You will be responsible for any liability to Vista Point Capital that arises out of your breach of these Terms of Use or your use of the Site.

Vista Point Capital has the right, but not the obligation, to monitor and record activity on the Site and respond as it deems appropriate. We may monitor and record activity on the Site for any reason or for no reason. We may investigate any complaint or reported violation of our policies. We may report any activity that we suspect may violate any law or regulation to regulators, law enforcement officials, or other persons or entities that we deem appropriate. We may issue warnings, suspend or terminate use of the Site, deny access to all or part of the Site, or take any other action that we deem appropriate.

IX. Copyrights and Trademarks

The Site is owned by Vista Point Capital and the contents and structure of the Site are copyright protected. No information or data content contained on this Site, including any text (whether in full or in part), pictures or graphics, may be reproduced, transmitted, displayed, distributed, published or otherwise commercially exploited without the prior written consent of Vista Point Capital. Vista Point Capital’s logo is a registered trademark with the U.S. Patent and Trademark Office. Product and company names mentioned herein may be the trademarks of their respective owners, and any commercial use or distribution, publishing or exploitation of such products, company names or trademarks is strictly prohibited unless you have received the prior written consent of the applicable rights holder. In the course of reproduction of any materials from the Site, whether lawful or otherwise, you may not remove any copyright, trademark, or other proprietary notice or legend contained on (or reproduced from) the Site. You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site.

You agree not to link directly to any image, graphic, text or other content on the Site, such as using an “in-line” linking method to cause the content to be displayed on another web site, or to download or use images hosted on this Site for any purpose, including posting such images on another web site, unless in each case you have received the prior written consent of Vista Point Capital. Vista Point Capital may require that any link to the Site be discontinued, and/or revoke your right and ability to link to the Site from any web site at any time.

X. Electronic Communication

This Site permits you to communicate electronically by filing out the contact form and/or sending an e-mail message to Vista Point Capital and its employees. Vista Point Capital shall not be liable for any actions taken or any omissions to act as a result of any e-mail message you send to Vista Point Capital or its employees.

XI. 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 these Terms and Conditions of Use will be filed only in the state or federal courts located in Northern District of California, and you hereby consent and submit to the personal jurisdiction and venue of such courts for the purposes of litigating any such action.

XII. Termination

We may terminate your access, or suspend any user’s access to all or part of this website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider, or us.