Authorized Use. In accessing or using the Site, you agree not to: (a) use the Site in violation of these Terms or any statute, regulation, order, rule, or other law; (b) interfere with, disrupt, or violate the security of the Site or any networks or equipment used by TC LATAM; (c) access data or information not intended for you; (d) misrepresent your identity or provide untruthful or inaccurate information; (e) use the Site to commit fraud or engage in other misleading or deceptive activities; (f) remove any notices, warnings, disclaimers, labels, annotations, or instructions from any portion of the Site or related material; (g) reverse engineer, decompile, or disassemble the Site or any software underlying the Site (except to the extent this restriction is prohibited by applicable law); (h) transmit any unsolicited or unauthorized advertising or promotional materials; or (i) transmit any material that contains adware, malware, spyware, software viruses, or any other harmful or malicious code.
Ownership of Content and Linked Sites. All content on or available through the Site, including but not limited to reports, documents, designs, text, images, graphics, logos, trademarks, trade dress, pictures, video, audio, information, applications, and software, is the proprietary property of TC LATAM. You may only use the Site and any content on the Site for legitimate business purposes arising from your relationship with TC LATAM. You may not modify, copy, distribute, frame, reproduce, republish, create derivative works from, download, display, perform, post, transmit, transfer, license, or sell, in any form or by any means, in whole or in part, any such content without TC LATAM’s prior written permission unless otherwise noted. TC LATAM has not reviewed any of the sites linked to this Site, and is not responsible for the content of off-site pages or any other site linked or linking to the Site. Your linking to any off-site pages or other sites is at your own risk.
Accuracy not Assured. The information and opinions contained in this Site have been compiled or arrived at in good faith based upon information obtained from sources believed to be reliable. However, such information has not been independently verified and no guarantee, representation or warranty, express or implied, is made as to its accuracy, completeness or correctness. All such information and opinions are subject to change without notice. Descriptions of entities and securities mentioned herein are not intended to be complete. The content on the Site is presented only as of the date published or indicated and may be superseded by subsequent events. TC LATAM undertakes no obligation to update publicly or revise any information on the Site, whether as a result of new information, future developments, or otherwise. Opinions and any other content on the Sites are subject to change without notice.
Informational Purposes Only / No Investment Advice. All content of this Site is for information purposes only and is not to be relied upon for the purpose of making or communicating investment or other decisions. This Site is not, and should not be construed as, an offer, or solicitation of an offer, to buy or sell any securities or other financial instruments. Shares of the investment funds described herein are offered solely on the basis of the information and representations expressly set forth in the relevant offering circulars, and no other information or representations may be relied upon in connection with the offering of the shares. TC LATAM is not utilizing the Site to provide investment or other advice. Also, no information, content or other materials contained on the Site should be construed or relied upon as investment, legal, accounting, tax, or other professional advice or in connection with any offer or sale of securities. Any transactions listed on the Site are included as representative transactions and are not necessarily reflective of overall performance. Past performance is not indicative of future results; no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
No Warranty; Limitations of Liability. By using the Site, you expressly agree that such use is at your sole risk. The materials provided in this Site are provided on an “as is” basis, without warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law, including but not limited to the implied warranties of merchantability or fitness for a particular purpose or non-infringement. TC LATAM further assumes no responsibility for, and makes no warranties that, functions contained at this site 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. TC LATAM shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed on your computer or other property on account of your accessing or use of this Site. 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.
To the fullest extent permitted under applicable law, in no event will TC LATAM or any of its officers, directors, employees, agents, MANAGERS, MEMBERS, SHAREHOLDERS, PARTNERS, or AFFILIATES be liable under any theory of liability (whether in contract, tort, NEGLIGENCE, STRICT LIABILITY, or otherwise) for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages. Should TC LATAM OR ANY OF THE ABOVE PERSONS NEVERTHELESS BE FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY RELATING TO THE SITE OR ANY CONTENT ON IT, SUCH LIABILITY WILL NOT EXCEED $100.00 in the aggregate.
Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Reserved Rights. We reserve the right to refuse access, terminate accounts, remove or change content, services, or functionality, or modify or discontinue any portion of the Site in our sole discretion. We may terminate, suspend, or modify your access to all or part of the Site, without notice, if you violate these Terms or you engage in any conduct that we, in our sole and absolute discretion, believe is in violation of any applicable law or is otherwise harmful to the interests of us, any other user of the Site, or any third party. We reserve the right to establish practices and/or limits in connection with your use of the Site.
Governing Law. The Site is intended for residents of the United States. If you choose to access the Site from locations outside of the United States, you do so at your own initiative and risk, and are responsible for compliance with all applicable local, state, federal, national, provincial, foreign, and international statutes, treaties, regulations, rules, orders, and other laws. By accessing or using the Site, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and TC LATAM. ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TC LATAM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Electronic Communications Notice. When you use the Site or send emails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We may communicate with you by email or posing notices on the applicable portions of the Site. You may update your information for notice purposes by logging in to your account. You agree that all agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish to withdraw your consent for us to communicate with you electronically, you must terminate your account (if any) and you may not use the Site.
Contacting Us. If you have any questions about these Terms, you may contact us at email@example.com, or 1251 Avenue of the Americas, 34th Floor New York, NY 10020.
Last Update of these Terms: March 1, 2019.
Collection of Your Information. We collect information from you (“Your Information”) when you voluntarily provide it to us through the Site, as well as automatically through your visits to the Site. The information that is collected may include: first and last name, email address, telephone number, mailing address, login credentials, password, a response to a security question, whether you are a financial advisor or a broker/dealer, the name of your financial advisory firm (if applicable), your computer’s IP address, the Internet browser and operating system you are using, the length of time spent browsing pages of the Site, and the websites you accessed immediately before and after your visit to the Site.
You may voluntarily provide Your Information through the Site in a number of ways, including: (a) when you login to your account or make updates to your account information; (b) when you fill out a form on the Site; and (c) when you contact us to request information from us. As noted, the Site also automatically gathers Your Information related to your use of the Site. We may use “cookies” (small text files placed in the memory of your device) or similar technologies to retain information about you and your use of the Site, and we may engage third parties to assist us in the collection of Your Information. These technologies can automatically collect information relating to the hardware and software you use to visit the Site and what pages you have visited. We may tie Your Information that is automatically gathered by the Site to Your Information that we collect from other sources or that you provide to us. We may use Your Information that has been automatically gathered to help authenticate you, store and recognize your configuration and user attributes, facilitate navigation of the Site, and customize information made available on the Site to you. You are free to decline our cookies if your browser permits you to disable them, but if you do, some portions of the Site may not operate properly.
Sharing of Your Information. We may share Your Information with affiliated entities within TC LATAM. We may also share Your Information with certain unaffiliated third parties in some circumstances, including the following:
- Vendors and Suppliers. We may share Your Information with unaffiliated vendors, suppliers, authorized representatives, service providers, and agents so that they may help us to maintain the Site, store Your Information, fulfill your requests, or otherwise provide services or support TC LATAM’s business.
- Government Agencies / Law Enforcement. In certain circumstances, TC LATAM might be called upon to release Your Information in response to a court order, subpoena, search warrant, law, or regulation. TC LATAM plans to cooperate in responding to such requests, taking appropriate measures to ensure that the requesting party understands the sensitive nature of Your Information that they may receive. TC LATAM also reserves the right to disclose Your Information in the event that we have reason to believe that someone is causing or threatening to cause injury to or interference with our rights or property, the rights or property of others, the operation of the Site, any user of the Site, or anyone else that could be harmed by such activities or if someone is otherwise engaging in behavior that is otherwise illegal or harmful to others.
We may also share aggregated anonymous data concerning our users with third party analytic services, business partners, and others interested in how the Site is used. We do not share Your Information with unrelated third parties for their own direct marketing purposes.
Security. We use reasonable efforts to maintain physical, electronic, and procedural safeguards to protect the confidentiality and integrity of Your Information. However, no security system is foolproof and we cannot fully eliminate security risks with respect to Your Information. We recommend that you do not send us any of Your Information via non-secure methods of correspondence, including via public electronic communication channels, such as Internet e-mail, which are generally not secure.
Other Sites or Services. The Site may contain links to other websites or may allow you to use or access third party services. We are not responsible for the privacy practices of any other websites or other service providers.
Your Choices. You may opt out of receiving promotional emails from us by updating your preferences in your account settings or by following instructions provided in the emails. Even if you request to opt out of receiving promotional emails from us, we may use your contact information to send you other types of emails.
Updating or Deleting Your Information. You generally may update Your Information that is in your account with us by following the procedures described on those portions of the Site where you may log in to the account. In some cases, however, you may need to contact us by phone to update Your Information.
We will use our commercially reasonable efforts to fulfill your request in a timely manner. We may keep a record of all information that is deleted, and we may determine what may be deleted. For example, if we are required to keep certain information for regulatory purposes, we may be prevented from deleting that information. Further, even if we delete Your Information from our “live” database, it may still be stored on other databases (including those kept for archival purposes). We are not responsible for deleting information about you from the databases of any third parties.
Privacy of Children. The Site is not directed at minors and we do not knowingly collect information from, or maintain any information regarding, persons under the age of 18.