THE INFORMATION OFFERED BY TG Capital ON THIS SITE IS SUBJECT TO CERTAIN TERMS AND CONDITIONS.
https://tgcapitalmanagement.com/ is a website owned and operated by TG Capital Management, LLC. (“TG Capital”). All references to ‘TG Capital’, ‘our’, ‘us’, ‘we’ or ‘company’ within these Terms and Conditions are deemed to refer to TG Capital Management, LLC.
These Terms and Conditions constitute a legally binding agreement between TG Capital and you, the user of this site. By accessing or using this site you acknowledge your acceptance of, and agree to be bound by, all of the Terms and Conditions stated herein and all additional terms incorporated by reference herein. If you do not agree to these Terms and Conditions, please do not access or use this site.
We reserve the right to amend these Terms and Conditions at any time and for any reason, in our sole discretion, without notice, by updating these Terms and Conditions. Your continued access or use of this site following the posting of changes to these Terms and Conditions means that you accept such revisions, changes, and/or amendments. If you object to any of the changes to these Terms and Conditions, please stop accessing and using this site. Please check this page frequently and review any changes to these Terms and Conditions carefully so you are aware of any changes, as they are binding on you.
You also acknowledge and agree that, unless we specifically provide otherwise, these Terms and Conditions apply only to this site and our online activities through this site, and such Terms and Conditions do not apply to any of our other online or offline activities.
Any use of this site in a manner inconsistent with these Terms and Conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. We strongly recommend that you periodically visit this page of this site to review these Terms and Conditions.
BY ACCESSING OR USING THIS SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS OF SERVICE, INCLUDING THEIR DISCLAIMERS AND LIMITATIONS OF LIABILITY. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT USE THIS SITE.
This Site is intended solely for the purpose of evaluating a potential or existing business relationship with TG Capital and for general informational purposes. You agree that you will not use this site for chain letters, junk mail, ‘spamming,’ solicitations (commercial or non-commercial), or bulk communications of any kind, including distribution lists to any person who has not given specific permission to be included in such a list.
This site is not intended to provide legal, business, tax, accounting, investment, financial, or any other advice. You agree not to construe any of the any of the content, information, or materials (including any data, text, images, video, audio, strategies, policies, business plans, research, or concepts) contained on or available through this site (collectively, the “Content”) provided in connection with this site as legal, business, tax, accounting, investment, financial, or any other advice. You agree that the Content does not, and shall not be deemed to, constitute an offer to sell, solicitation of an offer to buy, or a recommendation of, any security of any company, entity, or business to you or any other person by TG Capital or any recommendation of any security of any company, entity, or business to you or any other person by TG Capital of any third party. In addition, you acknowledge and agree that all Content is published without consideration of your individual circumstances, financial, or otherwise. Accordingly, you agree that you are solely responsible for any investment decisions or other determinations made, including the evaluation of any investment or other risks, with respect to any of the Content. You agree to consult your own professional advisors as to any legal, business, tax, accounting, investment, financial, or any other advice regarding Content.
In any event, past performance is not a guarantee of future results and it should not be assumed that similar results will be achieved. Representative investments included on this site are not to be considered a complete list of all investments. TG Capital does not solicit or make its investment advisory services available to the public.
In addition to all rights and remedies available to TG Capital under applicable law, TG Capital reserves the right, in its sole discretion, to immediately, without notice, suspend or terminate your ability to access or use this site.
TG Capital reserves the right to withdraw or amend this site, and any Content, in our sole discretion, without notice. TG Capital will not be liable if, for any reason, all or any part of this site is unavailable at any time or for any period.
This Site is intended solely for Users who are eighteen (18) years of age or older, and any registration by, use of or access to the Site by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Service. By using the Service or the Site, you represent and warrant that you are 18 or older and that you agree to and abide by all of the terms and conditions of these Terms of Service. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Service on such entity.
Private placements of securities offered on the Site have not been registered under the Securities Act of 1933 (the “Securities Act”), in reliance on the exemptive provisions of Section 4(a)(2) of the Securities Act and Rule 506 of Regulation D and/or Regulation S promulgated thereunder. Securities sold through private placements are restricted and not publicly traded and are therefore illiquid. Neither the U.S. Securities and Exchange Commission nor any state securities commission or other regulatory authority has approved, passed upon or endorsed the merits of any offering on this Site.
This Site is not intended to be relied upon as the basis for an investment decision, and is not, and should not be assumed to be, complete. The contents of this Site are not to be considered as legal, business or tax advice, and each prospective investor should consult its own attorney, business advisor and tax advisor as to legal, business, and tax advice. Each recipient further agrees that it will use this summary solely for internal purposes in evaluating a potential investment into an offering of the Company. An investment into a private offering is subject to various risks, none of which are described herein. You should carefully review all disclosure and investment documents before deciding to invest in any securities offered by the Company.
The information and Services provided on the Site are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to any applicable securities laws or rules or any other applicable laws, rules or regulations or where the Company is not authorized to provide such information or services. Investments described on the Site may not be available. In addition, any potential investor must be satisfy the applicable qualification standards before any investment will be accepted. U.S. investors must provide satisfactory verification of their status as “accredited investors” within the meaning of Regulation D under the Securities Act. Other qualification standards may apply to non-U.S. investors to the extent they may be permitted to invest.
The Site includes individual investor portals (the “Investor Portals”) which are available only to Users who have been authorized by us to access a User’s own Investor Portal. Such authorization may require completion of an accredited investor questionnaire and satisfactory background information screening and/or identification verification. Only a User with a valid User ID and password are authorized to access such User’s Investor Portal.
Unauthorized use of the Site, including any Investor Portals, and the Service, including, but not limited to the misuse or sharing of passwords or misuse of any other information, is strictly prohibited. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or Service or interfere with any other party’s use and enjoyment of the Site or Service. You agree that you will not engage in any activities related to the Site that are contrary to applicable laws or regulations. You further agree that you are responsible for any unauthorized use of your password that is made before you have notified us and we have had a reasonable opportunity to act on that notice. The Company reserves the right at its discretion to suspend or cancel your password, even without receiving such notice from you, if we suspect that it is being used in an unauthorized or fraudulent manner.
Notwithstanding the above, you are responsible for monitoring your Investor Portal and should promptly report any unauthorized or suspicious activity in your Investor Portal to us using the contact information on this site.
This Site, and particularly a User’s Investor Portal, contains information that is confidential and proprietary to the Company (“Confidential Information”). Confidential Information includes all technical and non-technical data. You agree that all Confidential Information will be kept in confidence and that you will only use the Confidential Information for the purposes for which it was disclosed. To the extent applicable, you will not modify, reverse engineer, decompile, create other works from, or disassemble any such Confidential Information unless otherwise specified in writing by the disclosing party. These restrictions will not apply to Confidential Information to the extent it (a) was in the public domain at the time of disclosure; (b) became publicly available after disclosure without breach of these Terms of Service; (c) was lawfully received from a third party without such restrictions; (d) was known to you without such restrictions prior to your access to it via our Site; (e) was independently developed by you without breach of these Terms of Service; (f) was generally made available to third parties by the Company without such restriction; or (g) is required by applicable law.
You agree to use the Site and Service only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable law, rules or regulations. You may not:
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any fillable forms on the Site (“User Data”); (b) maintain and promptly update the User Data, and any other information you provide to us, to keep it accurate, current and complete; and (c) maintain the security of your password and identification. To the fullest extent provided by law, the Company will not be liable for any loss or damage arising from your failure to comply with this Section.
Any use of Content is for your personal use only. You may not download or modify this site, or any portion thereof, except with prior express written consent of TG Capital. You may not resell or make any commercial use of this site or any Content, make any derivative use of this site or any Content, or use any data mining, robots, or similar data gathering and extraction tools. You also may not distribute Content from this site to others, include Content on another site, on a server computer, or in documents, including “mirroring” Content and to displaying the information by means of HTML frames or similar means, or modify or re-use any Content.
The trade names, trademarks, service marks, trade dress, logos, and other indicia of source, including TG Capital’s logo and the TG Capital trademark (collectively, “Marks”) found on this site and Content are proprietary to TG Capital or its licensors and are protected by intellectual property rights and unfair competition and other laws. As between you and TG Capital, TG Capital is the owner of all Marks and Content. You acknowledge and agree that you may not use, copy or distribute any portion of this site (including Marks and Content) in any manner, or for any purpose, without TG Capital’s prior express written permission, except as provided herein.
You acknowledge and agree that you may not use any Mark or Content without the express written permission of TG Capital, and nothing contained in these Terms and Conditions or anywhere on this site shall be construed as granting to you any license or right to any Mark or Content. TG Capital will aggressively enforce its intellectual property rights to the full extent of the law. Your use of any of the Marks or Content is prohibited unless specifically permitted in writing by TG Capital. Any unauthorized use of the Marks or Content may subject you to penalties or damages, including those related to violation of trademarks, service marks, copyrights, privacy, and publicity rights.
You acknowledge and agree that you will not link to, post on, or transmit to this site, any pornographic, obscene, profane, defamatory, libellous, threatening, unlawful, or other material which could constitute or encourage unlawful conduct that may be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that TG Capital, or other parties involved in creating, producing, or delivering this site, may monitor or review any transmissions to or use of this site, TG Capital and all parties involved in such creation, production, or delivery, assume no responsibility or liability which may arise from such monitoring or review or any Content, including claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.
This site may contain links or references to other sites outside of our control (“Third Party Websites”). You acknowledge and agree that TG Capital is not, directly or indirectly, making or implying any approval, association, sponsorship, endorsement, or affiliation with such Third Party Websites, unless specifically stated herein. By entering this site you acknowledge and agree that TG Capital has not reviewed all such Third Party Websites and is not responsible for any content, information, or materials (including any data, text, images, video, audio, strategies, policies, business plans, research, or concepts) contained on or provided through such Third Party Websites, or the appropriateness, functionality, decency, legality, accuracy, or any other aspect of such Third Party Websites. Your linking to any Third Party Website is at your own risk. TG Capital does not make, and hereby disclaims, all representations or warranties of any kind with respect to any Third Party Websites or any such content, information, or materials. If you have any questions regarding a Third Party Website, please direct them to the administrator of the relevant site. TG Capital reserves the right to terminate any link at any time.
It is possible that TG Capital’s name and brand (including the Marks) may be used without permission by persons who fraudulently publish fake websites or conduct “phishing” or other scams seeking personal or confidential information from you.
When sending or receiving communications with TG Capital:
Confirm that the website you are visiting is a website authorized by TG Capital and that the persons with whom you are communicating are authorized TG Capital personnel.
Certain TG Capital websites are private and available only to clients through secure login procedures. TG Capital will never ask you for your login information or password (except for providing you with the ability enter such name and password to access such secure login). Do not share your password and login information with anyone, including anyone from TG Capital.
All of our authorized office locations are listed on our “Contact” page. Do not communicate with personnel who are not affiliated with an authorized TG Capital office.
TG Capital only uses “@tgcapitalmanagement.com” for e-mail addresses. When sending TG Capital-related emails, send such emails only to authorized TG Capital e-mail addresses.
While TG Capital makes reasonable efforts to ensure that all Content on this site is accurate, the accuracy of such Content cannot be guaranteed, and TG Capital makes no representations or warranties as to its accuracy.
THIS SITE AND ALL CONTENT IS PROVIDED TO YOU “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS, OR REPRESENTATIONS MADE BY TG Capital. TG Capital EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF QUALITY AND THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AS WELL AS ANY REPRESENTATIONS OR WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE, IN EACH CASE, TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, TG Capital ALSO DISCLAIMS ANY WARRANTIES AND REPRESENTATIONS WITH REGARD TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SITE OR THE CONTENT.
TG Capital does not assume any liability or responsibility for this site or the Content. You acknowledge and agree that your use of this site is at your own risk and that neither TG Capital nor any of the parties involved in creating, producing, or delivering this site or any Content is liable to you or anyone else for any claim of any nature whatsoever based on (i) this site or the Content, including any decision made or action taken in reliance of the Content or any feature of this site or (ii) your breach of any of the provisions of these Terms and Conditions.
To the fullest extent permitted by applicable law, under no circumstances will TG Capital and/or any of our subsidiaries or affiliates be liable for any damages or losses, including any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, lost revenues, lost profits, loss of business, loss of data, or any other losses, liabilities, obligations, damages, claims, demands, actions, costs, and/or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, through your access or use of this site or any Content, or through your downloading of any Content, including anything caused by any viruses, bugs, human action or inaction, or any computer system, phone line, hardware, software, or program malfunctions, or any other errors, failures, or delays in computer transmissions or network connections, regardless of the theory of liability, whether tort (including negligence of any kind), contract, strict liability, or any other legal or equitable theory. Notwithstanding anything to the contrary herein, our sole and exclusive liability for any reason to you, and your sole and exclusive remedy, is to stop using this site.
You agree that you will be solely responsible for, and that you will indemnify, defend, and hold harmless TG Capital and its subsidiaries and affiliates, and its and their respective directors, officers, employees, agents, representatives, licensors, and third party contract counter-parties, from and against any and all losses, liabilities, obligations, damages, claims, demands, suits, proceedings, actions, judgments, costs, and/or expenses of any kind (including legal fees, expert fees, and other disbursements), whether or not in connection with third party claims, incurred by or against such persons or entities which may arise, directly or indirectly, from your access to or use of this site or any Content, your downloading of any Content from this site, your violation of these Terms and Conditions, and/or your violation of any rights of any third party. TG Capital reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify TG Capital for any and all losses, liabilities, obligations, damages, claims, demands, suits, proceedings, actions, judgments, costs, and/or expenses of any kind (including legal fees, expert fees, and other disbursements). You agree to provide TG Capital with whatever cooperation it reasonably requests.
By accessing or using this site, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms and Conditions and our Privacy Policy, and any dispute of any sort that may arise between you and TG Capital. Except as set forth below in Section 11 (Arbitration), you hereby consent to the exclusive jurisdiction of federal and state courts located in Duval County, Florida for the purpose of resolving any dispute relating to your access or use of this site. TG Capital may seek injunctive or other appropriate relief in any state or federal court in Duval County, Florida, and you consent to exclusive jurisdiction and venue in such courts. For the avoidance of doubt, TG Capital shall have the right to enforce any order or judgement of any court or arbitral panel in any court, including courts other than such state or federal courts in the State of Florida.
By accessing or using this site, you agree that TG Capital may, in its sole discretion, require you to submit any dispute of any sort that may arise between you and TG Capital, including disputes in connection with these Terms and Conditions or our Privacy Policy, to final and binding arbitration under the American Arbitration Association’s commercial arbitration rules, by one or more arbitrators appointed in accordance with such rules, for the purpose or resolving any dispute relating to your access or use of this site. Any such arbitration shall be held in Duval County, Florida and shall be in English. Notwithstanding these rules, such proceeding shall be governed by the laws of the state of Florida.
You acknowledge and agree that any communication, content, material, or information you transmit to this site or to TG Capital, in any manner or for any reason, will not be treated as confidential or proprietary. Further, you acknowledge and agree that any such communications, content, materials, and information may be used by TG Capital, anywhere, anytime, and for any reason whatsoever. TG Capital does not accept unsolicited business plans or proposals and you agree not to submit such materials.
When you use this site, or send e-mails or other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail or by posting notices and messages on or through this site. 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.
You acknowledge and agree to be bound by our Privacy Policy.
You acknowledge to have read and understand our Disclosure Document.
You may not assign or otherwise transfer these Terms and Conditions, or any of your rights or obligations hereunder, without TG Capital’s prior written consent, and any attempted assignment or other transfer in violation of this provision shall be null and void.
Nothing in these Terms and Conditions may be used to construe you and TG Capital as joint venturers, co-employers, partners, or agents of each other, and neither you nor TG Capital has the power to obligate or bind the other in any way whatsoever.
If any of these Terms and Conditions are deemed invalid, void, or unenforceable, such term or condition shall be deemed severable and shall not affect the validity or enforceability of the remaining Terms and Conditions, and such invalid, void, or unenforceable provision shall be deemed to be replaced by a provision that is valid and enforceable and corresponds as close as possible with the intent of the invalid, void, or unenforceable provision.
The failure of TG Capital at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. No waiver in connection with these Terms and Conditions shall be effective unless it is in writing and signed by the party granting such waiver.
The terms and conditions set forth in these Terms and Conditions, and each agreement included or referred to in these Terms and Conditions, constitutes the final, complete, and exclusive agreement with respect to the subject matter hereof and may not be contradicted, explained, or supplemented by evidence of any prior agreement, any contemporaneous oral agreement, or any inconsistent additional terms.
Headings and captions throughout these Terms and Conditions are for convenience only and should not be considered part of these Terms and Conditions. The word “including” means “including without limitation.”
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TG CAPITAL OR ANY OF ITS AFFILIATES BE LIABLE IN ANY RESPECT WHATSOEVER FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFIT, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE MATERIAL CONTAINED IN, OR ACCESSED OR LINKED TO THROUGH, THIS WEBSITE, OR A TRANSMISSION TO OR FROM THIS WEBSITE, EVEN IF TG CAPITAL, ITS AFFILIATE OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TG CAPITAL’S TOTAL LIABILITY FOR ANY AND ALL DAMAGES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE USE OF THIS WEBSITE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
If you have any questions or concerns about these Terms and Conditions, please contact us at:
TG Capital Management, LLC.
6817 Southpoint Pkwy Suite 2304
Jacksonville, FL 32216
(904) 822-8426