Please read the following terms and conditions of use (“Terms”) carefully before using this Site. These Terms govern your access and use of our website (this “Site”). By using this Site, or any part of it, you agree to be bound by these Terms without limitation or qualification.
TYR Capital Partners Sarl and its affiliated companies (collectively, the “Company”, “we”, “us” and “our”) may at any time revise these conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms to which you are bound.
Accessing this Site
Access to this Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the information, materials, and other content we provide on this Site without notice. We will not be liable if for any reason this Site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of this Site, or this entire Site to users. Without limiting the generality of the foregoing, access to specific areas of this Site requires the usage of a login identification and a password. If you have a login identification and password, you are responsible for the activities which occur in connection with their usage and as such should take steps to protect them from misuse. If you become aware of any unauthorized use of, loss, or theft of your login identification and/or password, immediately inform a representative of the Company.
You are also responsible for ensuring that all persons who access this Site through your internet connection are aware of these Terms, and that they comply with them.
Non-US-resident persons choosing to view or make use of this Site do so on the basis that they have informed themselves of any regulatory or other consequences of their doing so and do so at their own risk. Access to this Site is not open to persons resident in, or citizens of any territory outside where receipt of such information is prohibited, to allow such access would require any registration, filing, application for any license or approval or other steps to be taken by the Company in order to comply with local laws or other regulatory requirements in such overseas territory.
No advice provided, not an offer of advisory services or securities
The purpose of this Site is to inform visitors as to the business and activities of the Company and the experience of certain Company personnel and staff. The information on this Site, including all opinions or other content, is not intended to and does not constitute financial, accounting, tax, legal, investment, consulting, or other professional advice or services but is for information purposes only.
This Site and the information contained herein do not constitute and should not be construed as an offering of any advisory services or an offer to sell or solicitation to buy any securities or other financial instruments or services in any jurisdiction. Responses to any inquiry that may involve the rendering of personalized investment advice or effecting or attempting to effect any transaction in securities or other financial instruments will not be made absent compliance with applicable laws or regulations (including broker dealer, investment adviser, or applicable agent or representative registration requirements), or applicable exemptions or exclusions therefrom.
Nothing in this Site should be regarded as constituting the provision of investment advice by the Company nor of any other regulated activity. This Site is not a substitute for independent professional advice and users of this Site should obtain appropriate professional advice relevant to their particular circumstances on such matters as they deem appropriate. The Site must not be relied upon in connection with any investment decision.
Please note that the Company will not regard any user of this site (in such user’s capacity as such) as its client for any purpose, including but not limited to, purposes associated with applicable securities laws and/or applicable laws that regulate investment advisers or investment advisory services generally, and will not owe any duties to any such user, including but not limited to, in accordance with the provisions of applicable laws that regulate the relationship between an authorised investment firm or adviser and its clients.
Forward-looking statements; past performance; investment risk
This Site may include forward-looking statements. These forward-looking statements are typically identified by terminology such as “may”, “should”, “will”, “expects”, “anticipates”, “plans”, “intends”, “believes”, “estimates”, “projects”, “predicts”, “seeks”, “potential”, “continue”, or other similar terminology or by discussion of strategy, plans, objectives, goals, future events, or intentions. Any such forward-looking statement is based on the Company’s expectations, assumptions, estimates and projections about future events at the date of publication. Actual outcomes are subject to numerous risks and uncertainties that could cause them to differ materially from those expressed or implied in a forward-looking statement. Given these inherent risks and uncertainties, you should not rely on forward-looking statements. The Company has no obligation to update or otherwise revise any forward-looking statements to reflect the occurrence of unanticipated events or for any other reason. No representation or warranty is made as to whether assumptions that may be made on the Site will be proved to be correct or whether future results will occur as projected or will be attained.
If and to the extent that the Site contains information regarding the past performance of any investments, you should be aware that this information has not been audited or verified by an independent party. Past performance is not indicative of future results, and the Company makes no representation, and it should not be assumed, that past investment performance is an indication of future results. The value of any investment may fall as well as rise and there is no assurance that investors will get back any amount invested. Certain of the Company’s strategies involve investments that are illiquid, are subject to a substantial risk of loss, and are not suitable for many investors.
Intellectual property rights
All trademarks, service marks, trade names, and logos displayed on this website are proprietary to the Company or others. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the written permission of the Company or such other third party that may own the trademark displayed on this website. Your use of the trademarks displayed on this website, except as provided herein, is strictly prohibited.
The use of the images displayed on this website by you, or anyone else authorized by you, is prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If you download any information from this website, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information.
The content contained in this website is protected by copyright laws. Accordingly, you may not copy, distribute, modify, post, or frame this website, including any text, graphics, video, audio, software code, user interface design, or logos. You may download material displayed on this website provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this website for public or commercial purposes, including the text, images, audio, and video, without the Company’s written permission. Modification or use of the materials for any other purpose violates the Company’s intellectual property rights.
Reliance on information posted on this Site
Although the Company has used reasonable efforts to obtain and provide information from reliable sources, no representation is made that the information and opinions contained in this Site are accurate, reliable, or complete. Moreover, commentary and other materials posted on this Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to this Site, or by anyone who may be informed of any of its contents. You must in any event conduct your own due diligence and investigations rather than relying on any of the information in this Site.
We have taken care in preparing content for this Site but we cannot guarantee that:
We aim to update this Site from time to time, and may change the content at any time. If the need arises, we may suspend access this Site, or close it indefinitely. Any of the content on this Site may be out of date at any given time, and we are under no obligation to update such material.
By entering this Site, you acknowledge and agree that the use of this Site is at your own risk and, to the extent permissible by applicable law, in no circumstances, including, but not limited to, negligence, shall the Company be liable for any direct, indirect, special, incidental, or consequential loss or damage, including any loss of profits, business, revenue, or goodwill, arising from the use of, access to or inability to use or access, interruption or other non-availability of this Site, its operation or transmission, computer viruses (or equivalent), or any other errors, omissions, or defects, loss of data, or otherwise in respect of its use or the downloading or use of any material from this Site, even the Company has been advised of the possibility of such damage. You are responsible for using your own virus protection software.
The information, materials, and other content available or provided on this Site is provided “as is” and “as available”, without any guarantees or warranties of any kind, express or implied. To the fullest extent permitted by law, the Company hereby expressly disclaims and excludes all warranties, including, but not limited to, any warranties of merchantability, fitness for any particular purpose, non-infringement, title, uninterrupted use, quiet enjoyment, system integration, or accuracy, security of information, or reliability.
The Company assumes no liability or responsibility for any: errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site; unauthorized access to or use of the Company’s secure servers and/or any and all personal information and/or financial information stored therein; interruption or cessation of transmission of information to or from the Site; bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party; and/or loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Site.
For the avoidance of doubt, neither the foregoing nor any other language set out on this Site is intended as a disclaimer or exclusion of, or will in any way limit, abrogate or otherwise affect our liability for, any liability which cannot be disclaimed, excluded or limited under applicable law.
In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the aggregate, cumulative, and maximum liability of the Company and its officers, directors, employees, representatives, and the agents of each of the foregoing, for all such claims and any other matters in any calendar year shall not exceed USD1,000.
Indemnification
You agree to defend, indemnify, and hold the Company and its directors, officers, members, partners, principals, employees, agents and representatives harmless from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising in any way from your use of the Site, in whole or in part, or your breach or violation of law or any provisions contained herein. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with any such defense.
Information about you and your visits to this Site
We process information about you in accordance with our privacy policy set out further below. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Uploading material to our site
Any material you upload to this Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to this Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of this Site.
We have the right at our discretion to remove any material or posting you make on this Site if, in our opinion, such material does not comply with our standards.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this Site, the server on which this Site is stored or any server, computer or database connected to this Site. You must not attack this Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Site or to your downloading of any material posted on it, or on any website linked to it.
Linking from and to this Site
Links to other websites – Links to third party websites on this Site are provided solely for your information and convenience. If you use these links, you leave this Site. We do not have control over these websites, their content, or any products or services offered therein. We do not endorse or make any representations or warranties about them, any material found there, any products or services of the websites, or any results that may be obtained from using them, or the operators of the websites. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and we accept no responsibility for the information, materials or services obtained on or from such other websites, the privacy policies and customer information practices of such other websites, or for any loss or damage that may arise from your access or use of such other websites.
Linking to this Site – If you would like to link to this Site, you may only do so on the basis that you link to, but do not replicate, the home page of this Site, and subject to the following conditions:
We reserve the right to withdraw any linking permission without notice.
Law and jurisdiction
The Swiss courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to this Site although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Switzerland.
Waiver
No waiver by the Company of any right under or term or provision of these Terms will be deemed a waiver of any other right, term or provision of these Terms at that time or a waiver of that or any other right, term or provision of these Terms at any other time.
Integration and Severability
If any provision of these Terms of use is found to be invalid, unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms represent and constitute the entire agreement between the Company and you relating to the subject matter discussed herein.
Privacy
We collect certain information about users in accordance with our website privacy policy. More information can be found in our Privacy Policy available at the bottom in the footer section of the site.
If you continue to access the Site, you consent to our Privacy Policy.
TYR Capital Partners Sarl
Rue de Lausanne 15,
1201 Geneva
Switzerland
LEGAL DISCLAIMER
The material in this presentation has been prepared by Tyr Capital Arbitrage SP and is general background information on the funds activities. This information is given in summary form and does not purport to be complete. Information such as forecast financial information, should not be considered as advice or a recommendation to investors or potential investors in relation to holding, purchasing or selling securities or other financial products or instruments and does not take into account your particular investment objectives, financial situation or needs. Before acting on any information you should consider the appropriateness of the information having regard to these matters, any relevant offer document and in particular, you should seek independent financial advice. All securities and financial product or instrument transactions involve risks, which include (among others) the risk of adverse or unanticipated market, financial or political developments and, in international transactions, currency risk.
Any forward looking statements including statements regarding our intent, belief or current expectations with respect to Tyr Capital Arbitrage SP’s businesses and operations, market conditions, results of operation and financial condition, capital adequacy, specific provisions and risk management practices. Readers are cautioned not to place undue reliance on these forward looking statements. Tyr Capital Arbitrage SP does not undertake any obligation to publicly release the result of any revisions to these forward looking statements to reflect events or circumstances after the date hereof to reflect the occurrence of unanticipated events. While due care has been used in the preparation of forecast information, actual results may vary in a materially positive or negative manner. Forecasts and hypothetical examples are subject to uncertainty and contingencies outside Tyr Capital’s control. Past performance is not a reliable indication of future performance.
