Terms of Use

By accessing this site (the “site”), you signify your agreement and compliance with, and understanding of, the following terms of use and legal information, as well as our privacy notice pertaining to both this site and any material on it. This site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this site constitutes your agreement to all such terms, conditions and notices. Oberland Capital Management LLC (“Oberland Capital”) reserves the right to change the terms, conditions, and notices under which this site is offered. Therefore, please read these terms of use for modifications whenever you access the site.

All materials on this site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

If you have any questions about these terms of use, please contact info@oberlandcapital.com.


Ownership of Site and Copyright

Oberland Capital grants you a personal, limited, non-exclusive, non-transferable right to use this site, which includes any images, texts, illustrations, designs, icons, photographs, graphics, video clips, downloads, systems and methods, interfacts, information, data, tools, products, services and other content solely for your personal and noncommercial use.

The site is owned by Oberland Capital. Oberland Capital® is a registered service mark of Oberland Capital Management LLC. The site and any and all accompanying screens, information, materials, user documentation, user interfaces, images, arrangements of information, related software and other proprietary property of Oberland Capital or its licensors accessible via the site, as well as copyrights, patents, trademarks, service marks, trade secrets, trade dress and other rights therein, is and shall remain the exclusive property of Oberland Capital and its licensors, as the case may be, and are protected by the United States and international intellectual property laws. All rights to the site remain with Oberland Capital or its licensors.

The downloading or printing of materials on the site does not involve the transfer of any rights whatsoever. You may not disclose, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from this site.

You may not (1) make any commercial use of the site or the content herein; (2) make more than minimal copies of the site or content, including, by way of example and without limitation, using bots, robots or spiders that “harvest” the site; (3) interfere with the functioning of the site or restrict or inhibit others from using the site; or (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. All trademarks, service marks, logos and other indicia of source displayed on the site are the property of their respective owners, who may or may not be affiliated with Oberland Capital. You may not use any such marks without prior written consent.

The digital millennium copyright act of 1998 provides recourse for copyright owners who believe that material posted on internet sites infringes their rights under U.S. Copyright Law. If you believe in good faith that items, information or other materials appearing on the site infringes your copyright, please send us a notice containing 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 info@oberlandcapital.com.


Unauthorized Access

This site is not absolutely protected against unauthorized third parties. You acknowledge that any information provided through the internet may be potentially accessed by unauthorized third parties. Although Oberland Capital will make reasonable efforts to protect the privacy of users of this site, no guarantee can be made that unauthorized third parties will not access the information contained on the site. You acknowledge that Oberland Capital is not responsible for notifying you that unauthorized third parties have gained such access or that any data has been otherwise compromised during transmission across computer networks or telecommunications facilities, including, but not limited to, the internet.

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

You agree that when using this 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. Fraudulent conduct may be reported to law enforcement, and Oberland Capital will cooperate to ensure that violators are prosecuted to the fullest extent of the law. Oberland Capital does not grant, by implication, estoppel or otherwise, any license or right to use material on this site other than those set forth above, and you shall not make any other use of such material without Oberland Capital’s written permission.

Oberland Capital 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 Oberland Capital’s systems or to ensure the integrity and operation of Oberland Capital’s business, Oberland Capital may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, internet protocol addressing and traffic information, usage history and posted content.


Passwords and Security

To the extent you receive a password, you are responsible for the confidentiality and use of your password. Your password is an important means of protection for you. You agree to contact us immediately if you believe that an unauthorized person has obtained access to your password.


Privacy Notice

Personal non-public information that Oberland Capital gathers from you will be governed by its privacy notice.


Right to Monitor

Oberland Capital has the right but not the obligation to monitor and record activity on this site and respond as it deems appropriate. Oberland Capital may monitor and record activity on the site for any or no reason. Oberland Capital may investigate any complaint or reported violation of its policies. Oberland Capital may report any activity that it suspects may violate any law or regulation to regulators, law enforcement officials or other persons or entities that it deems appropriate. Oberland Capital 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 it deems appropriate, without notice or liability.


Third Party Content

Oberland Capital does not review or monitor any websites linked from or to the site and is not responsible for the content of any such websites and any content on the site that is produced by users, publishers, and other third parties not controlled by Oberland Capital. You acknowledge that such content is the sole responsibility of the third party person or organization that created it and we assume no responsibility for any third party content or information. Although Oberland Capital 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 Oberland Capital 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 Oberland Capital with respect to any such linked websites or the content, products or services contained or accessible through such websites or their operators. This agreement does not govern your use of any website or service other than the site. You should review applicable terms and policies of any linked third party content, information or websites. Oberland Capital 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 will not be liable 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 Oberland Capital has endorsed or is affiliated with such websites, and you may not display the site as “framed” within another website. Oberland Capital reserves the right to terminate any link or linking program at any time. Similarly, links or copies of third party articles regarding Oberland Capital, its affiliates or its portfolio companies have generally been prepared without the input of Oberland Capital and are provided for convenience purposes only. By inclusion on the site, Oberland Capital does not represent or warrant the accuracy of such information or take responsibility for its content.



If you need assistance with the site, or if you need to communicate with Oberland Capital, you may contact info@oberlandcapital.com.


No Offer/No Advice

The information and opinions provided on the site are provided for informational and educational purposes only. Nothing on the site shall be considered an advertisement, recommendation, solicitation, offer or invitation to buy or sell any security, future, option or other investment instrument, or an offer to provide any investment, tax, financial accounting or legal advice or service. Any such offer or solicitation may only be made by means of delivery of the applicable legal offering documents, as amended from time to time (each, a “memorandum”), and other documents associated with the investment, each of which should be reviewed in its entirety prior to investment. Nothing contained on the site constitutes investment, accounting, tax or legal advice. You should consult a qualified investment, legal and/or tax professional before making any decision based on information provided on the site. Decisions based on use of the site are the sole responsibility of the user, and you agree that Oberland Capital is not liable for any action you take or decision you make in reliance thereon.

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.

Oberland Capital is not utilizing the site to provide investment or other advice or strategies, and nothing on the site is to be deemed a recommendation that you buy, sell or hold any security or other investment, or that you pursue any investment style or strategy. The investments and strategies discussed hereon may not be suitable for all investors, and are not obligations of or guaranteed by Oberland Capital.

Oberland Capital provides investment advice and solicits investment advisory services only in those states and countries where it is registered or where it is exempt from such registration.


Disclaimer; No Warranty or Reliance

To the maximum extent permitted by law, the site, including information and materials and opinions contained in the site, text, graphics, software, links and other items are provided “as is,” “as available” without warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law. Without limitation, Oberland Capital does not warrant the accuracy, adequacy, completeness, reliability, timeliness or availability of the site or any information on this site, and expressly disclaims liability for errors or omissions in the site. There is no warranty of merchantibility, no warranty of fitness for a particular purpose, no warranty of non-infringement, no warranty of any kind, implied, express or statutory, in conjunction with the site. Any contents on this site are subject to change without notice. Oberland Capital further assumes no responsibility for, and makes no warranties that, functions contained at this site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available will be free of viruses or other harmful components. Please note that some jurisdictions do not allow the exclusion of certain warranties, so some or all of the above exclusions may not apply to you.


Limitation of Liability

In no event will Oberland Capital be liable for any damages, or for repairs or corrections that must be performed, to or on your computer, person or other property, including, without limitation, direct or indirect, special, incidental, consequential, punitive or exemplary damages, losses or expenses (including, but not limited to, damages for loss of data, loss of programs, or any other pecuniary loss) arising in connection with the site or use thereof or the inability by any party to use such site, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Oberland Capital, or representatives thereof, are advised of the possibility of such damages, losses or expenses.



To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Oberland Capital, 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 the site and (2) your breach of this agreement, in each case unless caused by such indemnitee’s misrepresentation, gross negligence, willful misconduct or fraud.



Past performance is not necessarily indicative of future returns. Any information you receive from Oberland Capital is believed to be reliable. Nevertheless, neither Oberland Capital nor its agents are liable for any deficiencies in the accuracy, completeness, availability or timeliness of such information. Dated content speaks only as of the date indicated. The information provided on this site does not necessarily reflect the most up to date or current information available on the product or service. The information and opinions provided on this site are subject to change without notice. The information contained herein is provided without any warranty of any kind.

The performance and other information and opinions expressed in the following materials are provided without any warranty of any kind.


Forward-Looking Statements

The site contains forward-looking statements, which reflect our current views with respect to, among other things, the operations and performance of our businesses. You can identify these forward-looking statements by the use of words such as “outlook,” “believe,” “expect,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “intend,” “will,” “plan,” “estimate,” “anticipate” or the negative version of these words or other comparable words. Forward-looking statements are subject to various risks and uncertainties, speak only as of the date on which they are made and are subject to change. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. Forward-looking statements are not guarantees of the underlying expected actions or future performance and future results may differ significantly from those anticipated by the forward-looking statements. We undertake no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.


United Kingdom Financial Promotion Rules

In the United Kingdom, this SITE constitutes a financial promotion for the purpose of Section 21 of the Financial Services and Markets Act 2000 (“FSMA”). It is being issued by OBERLAND Capital, which is not authorised or regulated by the Financial Conduct Authority in the United Kingdom and is being made available only to and directed only at: (i) “investment professionals” within the meaning of Article 19 of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (as amended) (“FPO”); or (ii) high net worth companies, unincorporated associations, etc. within the meaning of Article 49 of the FPO (broadly, companies or partnerships with net assets of £5 million sterling or more and trustees of trusts with assets of £10 million sterling or more, or any person acting in the capacity as director, officer or employee of such an entity where that person’s responsibilities when acting in that capacity involve that person in the entity’s engaging in investment activity), (together “Relevant Persons”). The information ON THE SITE must not be acted on or relied on by persons who are not Relevant Persons. Any investment or investment activity to which information ON THE SITE relates is available only to Relevant Persons and will be engaged in only with Relevant Persons. Persons of any other description in the United Kingdom should not act or rely on any of the information contained ON THE SITE.  


Applicable Law/Jurisdiction

Your use of the site as well as these terms of use is governed by the laws of the State of New York, United States of America, and applicable federal law, notwithstanding any principles of conflict of law. The state or federal courts located in New York, New York, shall have exclusive jurisdiction over any cause of action arising out of or related to these terms of use or your use of the site.

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 laws, rules and regulations.



By using the site, you agree that Oberland Capital, at its sole discretion, may require you to submit any disputes arising from the use of the services, related services or this agreement concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the international rules of arbitration (the “rules”) of the American Arbitration Association, by one or more arbitrators appointed in accordance with the rules. Notwithstanding the rules, however, such proceeding shall be governed by the laws of New York and will take place in the State of New York.



If any provision of these terms of use is deemed unlawful, void or unenforceable, then that provision will be deemed severable from these terms of use and will not affect the validity and enforceability of the remaining provisions. These terms use represent the entire agreement between you and Oberland Capital relating to the subject matter herein.