LEGAL NOTICES AND DISCLAIMERS

The following Legal Notice and Disclaimers apply to information made available on the website maintained by Tekmerion Capital Management, LP and its affiliates (collectively “Tekmerion”, and such website, the “Website”). All use of the Website is also subject to the Terms of Use.

Tekmerion is not yet operational. To the extent its activities require registration with any governmental or regulatory authority, Tekmerion expects to register or obtain such approvals as required by law prior to engaging in any regulated activities. Tekmerion may in the future sponsor or advise a privately offered fund (whether consisting of one or more than one vehicle, the “Fund”). This Website is designed to provide a brief overview of Tekmerion’s business and the proposed investment program of the Fund. It is necessarily extremely limited in scope and is subject to a more complete description and does not contain all information necessary to make an investment decision. The risk of loss in trading futures and options of futures can be substantial. You should therefore carefully consider whether such trading is suitable for you in light of your financial condition. All information herein is necessarily summary in nature and should be read in the context of the Fund’s Offering Documents, which are available upon request.

An investment in the Fund entails a high degree of risk and no assurance can be given that Tekmerion’s investment objective will be achieved or that investors will receive a return on their capital. This Website does not take into account the particular investment objectives or financial circumstances of any specific person who may review it. It is not intended to provide, and should not be relied upon for, accounting, legal, or tax advice. This Website does not contain certain material information about Tekmerion, the Fund, its investments, and other affiliated or associated entities, including important disclosures and risk factors, and is subject to change without notice. In numerous cases, the Website describes investments, processes, methods and other information in simplified terms which are do not include a complete description of all material information. Recipients are encouraged to contact Tekmerion if they need any additional information, which will be provided upon request. Nothing contained herein should be relied upon as a promise or representation as to past or future performance of Tekmerion, the Fund, or any other entity.

NO RECOMMENDATION.

All Content is for informational purposes only. Although the Site may include investment-related information, nothing on the Site is a recommendation that you purchase, sell or hold any futures, security, derivative contract or other investment, or that you pursue any investment style or strategy. We do not give any advice or make any representations through the Site as to whether any investment is suitable to you or will be profitable. Nothing on the Site is an offer or solicitation to buy or sell, make or hold any investment. We make no representations that any information provided via the Site Is accurate, current, reliable or complete. You are solely responsible for evaluating the risks and merits regarding the use of the Site and any services provided herein. Nothing on the Site is intended to be, and you should not consider anything on the Site to be, investment, accounting, tax, legal or other professional advice. If you would like investment, accounting, tax or legal advice, you should consult with your own financial advisors, accountants or legal advisors regarding your individual circumstances and needs.

PAST PERFORMANCE.

Past performance is not an indication of future results.

RISK OF LOSS.

As with any investment, your capital is at risk. The value of any investment may fall as well as rise, including as a result of changes in the value of foreign exchange. You may not get back any or all of the amount that you originally invested.

LOCAL LEGAL RESTRICTIONS.

Not all securities, products or services described are available in all countries. This Website is not directed to any person in any jurisdiction where (by reason of that person's nationality, residence or otherwise) the publication or availability of the Website is legally prohibited. Persons in respect of whom such prohibitions apply must not access this Website. The information provided on the Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country that would subject Tekmerion or any Tekmerion product to any registration requirement within such jurisdiction or country.

FORWARD LOOKING STATEMENTS.

The contents of the Site may contain forward-looking statements that are based on subjective beliefs, assumptions, current expectations, estimates, and projections about investments, the financial industry or the economy. These statements are not guarantees of future performance and involve certain risks, uncertainties and assumptions that are difficult to predict with regard to timing, extent, likelihood and degree of occurrence. Therefore, actual results and outcomes may materially differ from what may be expressed or forecasted in such forward-looking statements. We undertake no obligation to update, amend or clarify forward-looking statements, whether as a result of new information, future events or otherwise. Furthermore, 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.

For the General Public:

The password protected areas of the Website, and the information contained in or through those areas, may be accessed only by persons who are "qualified eligible participant" as such term is defined by Rule 4.7 of the Commodity Exchange Act, and have been authorized by Tekmerion pursuant to the written representations and warranties or other information given by such persons.

Tekmerion believes that the information on the Website is accurate as of the date of publication. However, Tekmerion makes no warranty of accuracy or completeness of the information, and shall not be liable for any losses or damages relating to the adequacy, accuracy or completeness of any information on the Website or the use of such information. The information on the Website is provided for information only and should not form the basis of an investment decision.

This Website is not intended to be, nor should it be construed or used as an offer to sell, or a solicitation of any offer to buy interests in any Fund (“Interests”) or other entity, which offer may only be made pursuant to a confidential memorandum describing an offering and related subscription documents and other materials (collectively, the “Offering Documents”). Without limiting the generality of the foregoing, this Website does not constitute an invitation or inducement of any sort to any person in any jurisdiction in which such an invitation or inducement is not permitted or where Tekmerion is not qualified to make such invitation or inducement. In the event of any conflict between the Website and information contained in the Offering Documents, the information in the Offering Documents will control and supersede the Website. No person has been authorized to make any statement concerning the Interests other than as will be set forth in the Offering Documents, and any representation or information not contained therein may not be relied upon. A decision to invest in the Fund should be made only after careful review of the risk factors and other information contained in the Offering Documents.

Tekmerion and its affiliates do not provide investment advisory services to the public and nothing contained herein should be construed as an offer of Tekmerion’s services or products

TERMS AND CONDITIONS

By accessing or using our website, located at www.tekmerion.fund, www.tekmerion.capital, and www.tekmerioncapital.com, (the “Site”), you hereby accept and agree to comply with the following terms of use. Your entry into the Site constitutes your acceptance of the Terms and Conditions and is a binding agreement. The Terms and Conditions govern your access and use of the Site, which includes any information, data, tools, products, services and other content (together, “Content”) available on or through the Site. These Terms of Use may be modified at any time, and your continued use of the Website shall be deemed acceptance of these Terms of Use, as may be amended from time to time. If you do not agree to these Terms of Use, you should exit and cease all use of the Website immediately.

GENERAL TERMS

License. Tekmerion grants you a limited right to use the Site. Your right to use the Site is subject to your agreement to abide by these Terms and Conditions in their entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site. At any time and for any reason we may revoke your right to use all or any portion of the Site. You agree not to interfere with the operation of the Site, violate or attempt to violate the security of the Site, or to use the Site for any fraudulent, harmful or illegal purposes. Not all products and services (if any) listed on this Website are available in all jurisdictions. To the extent that access, distribution and/or use of this Website would be deemed illegal by applicable law in any regulatory jurisdiction then such access, distribution and/or use by you is prohibited. You may view, download and print information and materials on this Site for your personal and internal business uses provided that all hard copies contain all copyright and other applicable notices.
Representations and Warranties. You represent and warrant that: (i) your execution and performance of these Terms and Conditions will not violate any agreement or other obligation to which you are bound; (ii) you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to these Terms and Conditions; (iii) you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of these Terms and Conditions; (iv) you will not delete or modify any Content on the Site; (v) you will comply with all applicable laws, rules and regulations in using any aspect of the Site or otherwise performing your obligations and exercising your rights under these Terms and Conditions; and (vi) the information you have given to Tekmerion, its affiliates, agents and any other person or entity in connection with your access to and use of the Site (including, without limitation, broker-dealers) about yourself is complete, true and accurate.
Restrictions on Use. The Website may be accessed and used solely for your personal, noncommercial use only. Access[W3] to any password-protected portion of the Website is limited exclusively to the person to whom a login id has been issued by Tekmerion. You must keep your login id and password confidential and not disclose same to any third party. You must also notify Tekmerion immediately of any actual or suspected loss, theft or unauthorized use of your login id or password. All information obtained from the Website will be held in strict confidence and no information will be distributed to clients or potential clients of your firm unless such materials have previously been approved for distribution by your firm under a distribution agreement entered into between your firm and the applicable Tekmerion investment vehicle and/or Tekmerion. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell in any way any information, documents, graphics, software or other materials ("Materials") obtained from the Website, except that you may view the Materials in their present form and you may download on any single computer and print one (1) copy of the Materials for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. The Materials are subject to change without notice. You shall not use or introduce into the Website any device, software, or routine that could damage or interfere with the operation of the Website. You shall not directly or indirectly take any action to interfere with the operation of the Website or engage in any unlawful or infringing activity in connection with your use of the Website, including by way of example and not limitation, using any scraper, robot, spider, or other automated mechanism to access the Website or download material off of the Website. You also may not create a link from a third-party website to this Website without the prior written permission of Tekmerion. Tekmerion reserves the right to monitor your use of the Website and to monitor your compliance with these Terms of Use. You acknowledge and hereby consent to such monitoring. Tekmerion reserves the right to suspend or terminate your access to and use of the Website if, in Tekmerion's reasonable belief, you have violated any of the terms set forth in these Terms of Use.
Your Account. The Site contains a login portal to a password -protected investor website operated by a third-party service provider on our behalf. The investor website may be accessed only by users who have been approved for an account by Tekmerion, its agents or the third party who maintains the investor website. Such accounts will only be issued to authorized investors in an investment fund sponsored or managed by Tekmerion, or to certain eligible prospective investors, each of whom represents and warrants as follows: you are, or the company or organization on whose behalf you will be accessing the Site, as applicable is : a "qualified eligible person" as such term is defined in Commodity Futures Trading Commission Regulation 4.7 and Rule 4.7 of the Commodity Exchange Act, including "qualified purchasers" as defined in Section 2(a)(51) of the Investment Company Act of 1940. You agree to immediately contact Tekmerion Capital if there is any change in your eligibility status. Tekmerion may disable any password in its sole discretion and without notice. Password-protected portions of the Site may contain performance information for the investment funds sponsored or managed by Tekmerion. Users of the Site acknowledge that THE PAST PERFORMANCE OF ANY FUND IS NOT INDICATIVE OF FUTURE PERFORMANCE. To the extent that any funds or products are referred to on this Site, they are available only to such persons and other persons should not act or rely on the information available on this Site. Users must undertake to treat any Content on the password-protected portion of the Site as secret and confidential. You are solely responsible for maintaining the confidentiality and security of your password. You may not disclose your password to any third party and accept full responsibility for any use of your password. You must notify Tekmerion immediately of any actual or suspected loss, theft, unauthorized use of your password or other suspected breach of security. You are fully responsible for securing all facilities, products and equipment that might allow access to the Site and all usage and activity that occur through the use of your password or account, whether or not such use is authorized by you. Further, you shall not share your login information with any third party and are solely responsible for any and all activity that takes place under your login information. We are not obligated to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions.
Investigation and Monitoring. Tekmerion may investigate, monitor and record activity on the Site and take legal action against any illegal and/or unauthorized use of the Site, including but not limited to: unauthorized access to the Site through a third party application, robot, spider, automated device, or data mining or extraction tool or other unauthorized means; interference with the Site; complaint or reported violation of our policies or any law or regulation; or action that imposes an unreasonable load on the Site. 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. Tekmerion’s decision not to pursue legal action shall not be construed as a waiver of these Terms and Conditions or Tekmerion’s legal rights.
Confidentiality of Internet. Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While Tekmerion has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from the Site over the Internet cannot be guaranteed. Accordingly, you are solely responsible for the security of any information transmitted via the Internet or for the consequences of any reliance on such information. You assume the sole and complete risk for using the Site and must make your own determination as to these matters.
Third Party Websites. Tekmerion does not monitor the content of and is not responsible for any third-party website, unless otherwise expressly stated in the terms and conditions of the third-party website. Except as otherwise expressly stated by us in these Terms and Condition or on the Site, we are not affiliated or associated with the operators of any third-party websites or other resources that link to or are linked from the Site. Links from the Site to third-party websites do not imply any endorsement, recommendation or approval by the third party of Tekmerion or the Site or of the link; nor do they imply any endorsement by Tekmerion of the third-party website, related information, products or services, or of the link. We make no representations or warranties as to the security of any information that you may provide or be requested to provide to any third party. YOU AGREE THAT YOUR ACCESS TO OR USE OF THIRD PARTY WEBSITES, INCLUDING YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, LINKS OR OTHER MATERIALS AVAILABLE ON OR THROUGH SUCH THIRD PARTY WEBSITES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH THIRD PARTY WEBSITES.
Site Availability. All or any portion of the Site may not be available and may not function properly at any time. Tekmerion makes reasonable efforts to avoid technological problems, but at any time the Site may have and may cause technological problems such as viruses and other damaging computer programming routines or engines. You agree that Tekmerion is not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site or any defects, delays or errors in or resulting from your use of the Site.
Privacy Policy. Your privacy is important to us. All personal nonpublic information that we gather from you on the Site will be governed by our Privacy Policy at the end of this document.
Disclaimer and Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, INCLUDING ALL CONTENT, IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, TEKMERION DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE AVAILABILITY, OPERATION AND USE OF THE SITE AND ANY INFORMATION, CONTENT, MATERIALS OR SERVICES ON OR ACCESSED VIA THE SITE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. WITHOUT LIMITING OUR GENERAL DISCLAIMER, TEKMERION DOES NOT WARRANT THE AVAILABILITY, RELIABILITY, ACCURACY, COMPLETENESS OR TIMELINESS OF THE SITE OR THE CONTENT. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, AVAILABILITY OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. TEKMERION DOES NOT WARRANT THAT THE SITE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE SITE OR DATA, INFORMATION OR SERVICES PROVIDED VIA THE SITE, INCLUDING BY TEKMERION’S SERVICE PROVIDERS, OR ANY E-MAIL SENT BY TEKMERION OR ITS REPRESENTATIVES, WILL BE SECURE, OR FREE OF ERRORS, VIRUSES, WORMS, "TROJAN HORSES," OR ANY OTHER HARMFUL, INVASIVE, OR CORRUPTED COMPONENTS, AND IS NOT LIABLE FOR ANY DAMAGE OR LOSS YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TEKMERION OR ITS EMPLOYEES, AGENTS, ACTIVE PARTNERS, MEMBERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED ARISING OUT OF THESE TERMS AND CONDITIONS, THE SITE, THE CONTENT, THE INABILITY TO USE THE SITE, OR TRANSACTIONS ENTERED INTO THROUGH THE SITE, UNDER ANY THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OPPORTUNITIES, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF TEKMERION HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES THAT YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE. 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, TORTUOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
Indemnification. To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Tekmerion and its employees, agents, active partners, members and directors, the other users, and any other third party contributors to the Site, and their affiliates, suppliers, service providers, agents, representatives, successors, and assigns, and the respective members, officers, or employees thereof, from and against any and all claims, damages, liabilities, actions, causes of action, suits, demands, losses, costs, and expenses (including reasonable attorney's and expert's fees) that arise from or relate to (a) your access to, use of, or activities in connection with, the Site; or (b) any violation or alleged violation of these Terms and Conditions by you, in each case unless caused by Tekmerion or its employees, agents, active partners, members or directors’ misrepresentation, gross negligence, willful misconduct or fraud.
Termination. These Terms and Conditions are effective unless and until terminated by either you or Tekmerion. You may terminate these Terms and Conditions at any time by providing notification to Tekmerion in writing of such termination and discontinuing any further use of the Site. We also may terminate these Terms and Conditions, in our sole discretion, at any time and may do so immediately and without notice, and accordingly deny you access to the Site.
Governing Law. You agree that any dispute arising out of or relating to your use of the Site or relating to these Terms and Conditions shall be governed and construed in accordance with the laws of the United States and the State of New York, without giving effect to conflicts-of-law thereof.
Dispute Resolution. In the event of any dispute or disagreement between the parties, or claim or question by a party[W5] , arising from or relating to these Terms and Conditions or the breach hereof (collectively, a “Dispute”), the parties shall use their best efforts to settle the Dispute. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of 60 days then, upon notice by either party to the other, such Dispute shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Consumer Arbitration Rules. Once the Dispute is submitted to the AAA for arbitration and each party pays the appropriate filing fees, the parties agree to equally share all costs of AAA arbitration, including Arbitrator fees and expenses. The parties will remain individually responsible for their own attorney costs or other non-AAA required costs. If an in-person arbitration hearing is required, then it will be conducted at the American Arbitration Association’s office in New York County, New York.
Miscellaneous. Headings used in these Terms and Conditions are for reference purposes only and in no way define or limit the scope of the section. You may not assign or otherwise transfer this agreement or any of your rights or obligations hereunder. The failure of Tekmerion to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a portion of these Terms and Conditions is determined to be unlawful, void or unenforceable, 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. The following provisions survive the expiration or termination of these Terms and Conditions and Legal Notices: Intellectual Property; No Advice or Offer of Securities; Forward-Looking Statements; No Offer of Employment; Risks in relying on the Content; Technological problems with the site; Disclaimer of Warranty; Limitation of Liability; Indemnification; Governing Law; and Miscellaneous.
How to Contact Us. If you have any questions or comments about these Terms and Conditions, you may contact us in the following ways: E-mail: info@tekmerioncapital.com