Terms of Use & Disclaimers

Thank you for visiting the website of Pluribus Labs, LLC (together with its affiliates, “Pluribus Labs”, “we,” “us” or “our”). By accessing or using this website (together with its subdomains, the “Site”), you hereby accept and agree to comply with these Pluribus Labs Website Terms of Use & Disclaimers (“Terms of Use”) and acknowledge your understanding of same. 

 

Our Website Privacy Notice, as may be amended from time to time, is located at Privacy Policy. Our Website Privacy Notice is incorporated by reference into these Terms of Use.

 

These Terms of Use may be updated by us at any time, and it is your obligation to review these Terms of Use from time to time. Your continued use of the Site after any such modifications shall constitute your acceptance of these Terms of Use as modified. 

 

If you have any questions or comments about these Terms of Use, please contact us at Pluribus Labs, LLC, One Embarcadero Center, Suite 2110, San Francisco, California, 94111, 415-767-1118, info@pluribuslabs.com.

 

Please click on the relevant heading below to jump to the topic that may interest you and be sure to read the entire Terms of Use.

 

1. Uses of the Site and Content

2. Notice of Copyright Infringement

3. No Offer or Advice

4. Past Performance

5. Forward-Looking Statements

6. Notes Regarding Indices

7. Important Information Concerning Awards

8. Third Party Websites and Content

9. International Use

10. Disclaimers

11. Limitations of Liability

 

1. Uses of the Site and Content

The Site is intended solely for persons who are 18 years of age or older. Access to or use of the Site by anyone under 18 years of age is expressly prohibited. If you are under 18 years of age, you may not access or use the Site. By accessing or using the Site, you represent and warrant that you are 18 years of age or older.

 

Pluribus Labs grants you a personal, limited, revocable, non-exclusive, nontransferable right to use and download a single copy of the Site, which includes any images, text, illustrations, designs, icons, photographs, graphics, video clips, downloads, systems and methods, interfaces, information, data, tools, products, services and other content (collectively, the “Content”) for your personal and noncommercial use only.

 

All Content on the Site is the intellectual property of Pluribus Labs or other parties and is protected by copyright and other intellectual property law. All trademarks, service marks, logos and other indicia of source displayed on the Site (“Trademarks”) are the property of their respective owners, who may or may not be affiliated with our organization. You may not use any such Trademarks without our prior written consent.

 

You may not (1) make any commercial use of the Site or the Content; (2) post or use a scraper, spider, bot or other automated means to access the Site or forge any TCP/IP packet header; (3) interfere with the functioning of the Site or restrict or inhibit others from using the Site (including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “mailbombing,” or “crashing”); (4) modify or alter the Content, post or “frame” it on or in another website, or remove or obscure copyright or other notices or legends therefrom; (5) access data not intended for you or log into a server or account which you are not authorized to do access; or (6) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. 

 

Any unauthorized use of the Site or the Content may also violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes.

 

You agree that when using the Site, you will not violate or facilitate any violation of any applicable local, state, federal or international law, rule or regulation, including, without limitation, regulations or rules of any securities exchange (“Applicable Laws”). Fraudulent conduct may be reported to law enforcement, and Pluribus Labs will cooperate to ensure that violators are prosecuted to the fullest extent of the law.  Pluribus Labs does not grant, by implication, estoppel or otherwise, any license or right to use the Site or material on the Site other than as set forth above, and you shall not make any other use of the Site or such material without Pluribus Labs’ written permission.

 

We may modify the Site or Content, or any portion thereof, with or without notice. Pluribus Labs has the right, but not the obligation, to monitor use of the Site, and may at any time suspend, revoke, or terminate your right to use it. We may report any activity relating to the Site to regulators, law enforcement officials, or other persons or entities that we deem appropriate. Pluribus Labs may investigate any complaint or reported violation of these Terms of Use and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service and denying access and/or removal of materials from the Site.

 

Pluribus Labs reserves the right to remove anything that violates these Terms of Use or is otherwise objectionable and to report to appropriate law enforcement officials, regulators or other third parties any activity that it suspects violates any law or regulation. In order to cooperate with governmental requests, to protect Pluribus Labs’ systems or to ensure the integrity and operation of Pluribus Labs’ business, Pluribus Labs may access and disclose in accordance with Applicable Laws any information it considers necessary or appropriate, including, without limitation, user contact details, Internet Protocol addressing and traffic information, usage history and posted content.

 

2. Notice of Copyright Infringement

If you believe that any Content on the Site infringes on any copyright which you own or control, or that any link on the Site directs users to another website that contains material that infringes on any copyright which you own or control, you may file a notification of such infringement with us as set forth below. Notifications should include the following information:

 

·      A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

·      Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.

·      Identification of the material that is claimed to be infringing or to be the subject of infringing activities and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.

·      Contact information for the notifying party, including name, address, telephone number, and email address.

·      A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

·      A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
 

Please submit this notice to Pluribus Labs at info@pluribuslabs.com.

 

3. No Offer or Advice

You acknowledge that this Site and the Content do not constitute or form part of an offer to issue or sell, or of a solicitation of an offer to subscribe, buy or acquire an interest in any securities or other financial instruments, including any fund advised by Pluribus Labs (a “Fund”) and other products managed by Pluribus Labs (each Fund or strategy managed by Pluribus Labs, a “Strategy”), nor does it constitute a financial promotion, investment advice or an inducement or incitement to participate in any product, offering or investment. Any offer to purchase or buy securities or other financial instruments of a Fund will only be made by a Fund’s Confidential Private Placement Memorandum (a "Memorandum") and such Fund’s subscription documents, which will be furnished to qualified investors on a confidential basis at their request for their consideration in connection with any such offering. Any investment decision in connection with a Fund should be based on the information contained in a Memorandum, and the information set forth herein is superseded in its entirety by, and is subject to, the information contained in a Memorandum.  No securities commission or regulatory authority in the United States or in any other country has in any way passed upon the merits of an investment in the Strategies or the accuracy or adequacy of the information or material contained herein or otherwise. This information is not, and under no circumstances is to be construed as, a prospectus, a public offering, or an offering memorandum as defined under applicable securities legislation. This Site is provided for informational purposes only, does not purport to be complete and may not contain certain material information (including, without limitation, terms, conditions and important disclosures and risk factors associated with an investment in the Strategies).

 

4. Past Performance

Any performance data or comments expressed on this Site or in the Content are an indication of past performance. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS, and 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.

 

5. Forward-Looking Statements

Certain information contained in this Site constitutes “forward-looking statements” that can be identified by the use of forward-looking terminology such as “may,” “will,” “should,” “expect,” “anticipate,” “target,” “project,” “estimate,” “intend,” “continue,” or “believe” or the negatives thereof or other variations thereon or comparable terminology. Due to various risks and uncertainties, actual events or results or the actual performance of any Pluribus Labs investment may differ materially from those reflected or contemplated in such forward-looking statements. No person or entity should rely on these forward-looking statements when making any investment decision. There is no obligation for Pluribus Labs to update or alter any forward-looking statements, whether as a result of new information, future events or otherwise. All forward-looking statements contained herein are qualified in their entirety by the foregoing cautionary statements.

 

Dated Content speaks only as of the date indicated. While we make reasonable efforts to provide accurate information, we undertake no obligation to update or correct the Site even if we are aware that it is inaccurate, outdated or otherwise inappropriate, whether as a result of new information, future developments or otherwise. While we believe that the information on the Site is reliable, we do not warrant its completeness, timeliness or accuracy.

 

Any forecasts and estimates (including, without limitation, any targeted rates of return) contained herein are necessarily speculative in nature, involve elements of subjective judgment and analysis, and are based upon certain assumptions and the best judgment of Pluribus Labs. It can be expected that some or all of such assumptions will not materialize or will vary significantly from actual results. Accordingly, these targeted rates of return are only an estimate. Actual results will differ and may vary substantially from the results shown herein or projected. Pluribus Labs’ targeted performance information is not a prediction or projection of actual results and there can be no assurance any such targets will be achieved. The targeted returns are based on the current judgment of Pluribus Labs’ investment professionals, which may change. Targeted returns for the investments included in the Site have been compiled by Pluribus Labs and calculated as described below. Targeted returns are derived from analysis based upon both quantitative and qualitative factors, using the following methodology and assumptions. Target Active Risk is targeted standard deviation or volatility of active returns versus the benchmark. Active return is the difference between a Strategy’s return and the benchmark’s return. Target alpha measures targeted return of the specific Strategy versus its benchmark and is based on an analysis of simulated results, overlaid with an assessment of market opportunities. That assessment is conducted by investors with decades of experience managing assets for institutional investors. This results in our target alpha being set at approximately 2/3 of simulated alpha. Target return for a total return Strategy reflects target return per annum. Target performance metrics for the Strategies, other than a Fund, are shown gross of fees and expenses as the fees and expenses for investors in the Strategies vary.  Fees and expenses will reduce returns to investors. Information Ratio or “IR” is the ratio of annualized active return divided by annualized active risk.

 

6. Notes Regarding Indices

References to any benchmark(s) referred to herein are for illustrative purposes only. Any such benchmarks are included merely to show general trends in the markets in the periods indicated and are not intended to imply that a Strategy’s portfolio is similar to any such benchmarks, either in composition or element of risk or otherwise. The Strategies do not attempt to track a benchmark and there is no guarantee that a Strategy’s performance will meet or exceed that of any benchmark.

 

The MSCI ACWI Index is designed to represent performance of large- and mid-cap stocks across  developed and emerging markets.

 

7. Important Information Concerning Awards

The following important notes regarding awards pertain to Matthew Scanlan’s receipt of the Jacobs Levy Award for Best Article in 2006 in the Journal of Portfolio Management. According to Portfolio Management Research (see https://www.pm-research.com/bernstein-fabozzijacobs-levy-awards-0), Mr. Scanlan received one of the Bernstein Fabozzi/Jacobs Levy Awards for Best Article in 2007 for an article written in 2006. Selected annually by its readers, the Bernstein Fabozzi/Jacobs Levy Awards acknowledge and highlight the most innovative and compelling research published each year in The Journal of Portfolio Management.

 

8. Third Party Websites and Content

Pluribus Labs does not review or monitor any websites linked from or to the Site and is not responsible for the content of any such websites.  You acknowledge that such content is the sole responsibility of the third party person or organization that created it and that we assume no responsibility for any third-party content or information. Although Pluribus Labs reserves the right to review all Content that appears on the Site and to remove any Content at our discretion, we do not necessarily review all or any of it. Access and use of third party content made available through the Site, including news articles, is solely at your own risk and Pluribus Labs makes no warranties, express, statutory, or implied, with respect to such third party content or information. Any links from or to other websites are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply an endorsement, representation or warranty by Pluribus Labs with respect to any such linked websites or the content, products or services contained or accessible through such websites or their operators. 

 

These Terms of Use do not govern your use of any site or service other than the Site. You should review applicable terms and policies of any linked third party content, information or websites. Pluribus Labs DISCLAIMS RESPONSIBILITY FOR THE PRIVACY POLICIES AND CUSTOMER INFORMATION PRACTICES OF THIRD-PARTY INTERNET WEBSITES HYPERLINKED FROM THE SITE. 

 

To the maximum extent permitted by Applicable Law, we disclaim any liability for any content submitted, posted, linked to, shared or otherwise made available via the Site, including, but not limited to, any inaccuracies, errors or omissions in any content, any intellectual property infringement with relation to the linked content, or any loss or damage of any kind incurred as a result of the use of any content linked in or otherwise made available via the Site. If you link other websites to the Site, you may not imply or suggest that Pluribus Labs has endorsed or is affiliated with such websites, and you may not display the Site as “framed” within another website. Pluribus Labs reserves the right to terminate any link or linking program at any time. Similarly, links or copies of third party articles regarding Pluribus Labs, its affiliates or its portfolio companies have generally been prepared without the input of Pluribus Labs and are provided for convenience purposes only.  By inclusion on the Site, Pluribus Labs does not represent or warrant the accuracy of such information or take responsibility for its content.

 

9. International Use

The Site is operated and controlled by Pluribus Labs in the United States, and the Content provided in or accessible through the Site is, unless otherwise specified, directed at residents of the United States. We make no claims, representations or warranties that the Content or the Site, or that the transactions, products or services discussed on or accessible through the Site, are available or appropriate for sale or use outside the United States. Access to the Site from countries or territories where such access is illegal is prohibited. Those who access the Site from outside the United States do so on their own initiative and are responsible for compliance with local Applicable Law.

 

10. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, ACCESS TO THE SITE, AND ALL RELATED CONTENT, SERVICES AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE OR THAT ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. PLURIBUS LABS DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. PLURIBUS LABS DOES NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR ELECTRONIC COMMUNICATIONS SENT FROM THE SITE ARE FREE OF VIRUSES, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR RELIANCE UPON ANY OF THE MATERIALS ON THE SITE IS AT YOUR SOLE RISK.

 

11. Limitations of Liability

WE ARE NOT RESPONSIBLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, THAT RESULT FROM YOUR USE OF (OR INABILITY TO USE) THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, LINE FAILURE, OR OTHER COMPUTER MALFUNCTION.

 

12. Indemnity

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Pluribus Labs, its members, licensors, officers, directors, employees, agents, trustees, subsidiaries, parent companies and affiliates (the “Indemnitees”) from and against all third party complaints, charges, claims, losses, expenses, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) due to, arising out of, or relating in any way to: (1) your access to or use of, or inability to access or use, the Site or (2) your breach of these Terms of Use, in each case unless caused by such Indemnitee’s misrepresentation, gross negligence, willful misconduct or fraud. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defense.

 

13. Arbitration and Governing Law

IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS. THIS SECTION PROVIDES THAT, EXCEPT FOR THE SPECIFIC EXCEPTION STATED BELOW, ANY DISPUTE BETWEEN YOU AND PLURIBUS LABS MUST BE RESOLVED BY BINDING ARBITRATION THAT REPLACES THE RIGHT TO GO TO COURT BEFORE A JUDGE OR A JURY, AND MAY LIMIT YOUR RIGHTS TO DISCOVERY OR TO APPEAL. IT FURTHER PROVIDES THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION.

 

Any dispute or claim arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity of these Terms of Use, including the determination of the scope or applicability of these Terms of Use to arbitrate, shall be determined by arbitration, before a single arbitrator. Arbitration shall be conducted in San Francisco, California, United States or in a location mutually agreed to by you and Pluribus Labs. You and Pluribus Labs agree to arbitrate solely on an individual basis, and that these Terms of Use do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.  

 

The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and shall comply with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The enforceability of these arbitration provisions, as well as the arbitration itself, shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules. Upon commencement of the arbitration, you and Pluribus Labs shall select a single arbitrator in accordance with the procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. You and Pluribus Labs may seek any remedy through arbitration that would have been otherwise available to you or Pluribus Labs in court under Applicable Laws, unless the party seeking that remedy has retained the right to pursue it in court. The arbitrator may, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party. Any arbitration conducted pursuant these Terms of Use shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).

 

You and Pluribus Labs shall maintain the confidential nature of the arbitration proceeding and any award arising out of such arbitration, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by Applicable Law or judicial decision.

 

14. Termination

These Terms of Use are effective unless and until terminated by either you or Pluribus Labs. You may terminate the Terms of Use at any time, provided that you discontinue any further use of the Site. We also may terminate the Terms of Use, in our sole discretion, at any time and may do so immediately and without notice, and accordingly deny you access to the Site. The following provisions survive the expiration or termination of the Terms of Use: Uses of The Site and Content (except for the second paragraph thereof); No Offer or Advice; Past Performance; Forward-Looking Statements; Third Party Websites and Content; Disclaimers; Limitations of Liability; Indemnity; Governing Law; and Miscellaneous.

 

15. Miscellaneous

These Terms of Use (including any other policies incorporated by reference) constitute the entire agreement between you and Pluribus Labs pertaining to the subject matter described herein, and supersede all prior discussions or agreements between you and Pluribus Labs.

 

If a portion of these Terms of Use is determined to be unlawful, void or unenforceable under Applicable Laws, it will not affect the enforceability of the remaining provisions and the remaining provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or unenforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

 

These Terms of Use may not be assigned or otherwise transferred by you.

 

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

 

Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.

 

Last updated: June 2020

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

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