Terms of Use

Terms of Use and Legal Information  

Ownership of Site & Copyright

The Terra Incognita website is owned by Terra Incognita LLC (“Terra Incognita”). The Terra Incognita website and any and all accompanying screens, information, materials, user documentation, user interfaces, images, arrangements of information, related software and other proprietary property of Terra Incognita or its licensors accessible via the website (collectively hereafter referred to as the "Terra Incognita Website" or the “Website”) is and shall remain the exclusive property of Terra Incognita and its licensors, as the case may be. All rights to the Terra Incognita Website remain with Terra Incognita or its licensors. By accessing the Terra Incognita Website, you accept in their entirety and without modification these terms and conditions pertaining to the use of the Terra Incognita Website. Terra Incognita reserves the right to change the terms, conditions and notices under which the Terra Incognita Website is offered without notice at any time. The Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the Website.

Unauthorized Access

The Website 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 Terra Incognita will make reasonable efforts to protect the privacy of users of the Website, no guarantee can be made that unauthorized third parties will not access the information contained on the Terra Incognita Website. You acknowledge that Terra Incognita 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.

No Reliance

While Terra Incognita uses reasonable efforts to update the information on the Website, Terra Incognita makes no representations or warranties as to the accuracy, reliability or completeness of any information at the Website. Any contents at the Website are subject to change without notice and provided without warranties of any kind, either express or implied.

Passwords and Security

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

Links

Terra Incognita makes no representations whatsoever about the opinions of any third party appearing on a linked site, neither regularly monitors nor has control over the contents of such sites and does not endorse, and disclaims all responsibility for, the content of such statements or websites.

Privacy Policy

Terra Incognita’s privacy policy is available upon request of its Chief Compliance Officer, who may be contacted at This email address is being protected from spambots. You need JavaScript enabled to view it.. Terra Incognita reserves the right, but does not have the obligation, to access, archive, or monitor any use of this Website, including without limitation your use of this Website and your communications to the Website. By using the Website, you accept our right to access, archive, or monitor usage to ensure service quality, or to evaluate the Website, the security of the Website, compliance with these Terms of Use, or for any other reason. You agree that our monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Terra Incognita monitors your Website usage and enforces, or fails to enforce, these Terms of Use. You further agree that in no event will Terra Incognita be liable for any damages incurred by you as a result of our usage monitoring.

Assistance

If you need assistance with the Terra Incognita Website, or if you need to communicate with Terra Incognita, you may telephone or write Nishu Trivedi at nishuThis email address is being protected from spambots. You need JavaScript enabled to view it. or 415-591-7744.

No Warranty

THE WEBSITE, INCLUDING INFORMATION AND MATERIALS CONTAINED IN THE WEBSITE, TEXT, GRAPHICS, SOFTWARE, LINKS AND OTHER ITEMS ARE PROVIDED "AS IS" AND "AS AVAILABLE". TERRA INCOGNITA DOES NOT WARRANT THE ACCURACY, ADEQUACY, COMPLETENESS, TIMELINESS OR AVAILABILITY OF THE WEBSITE, AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE WEBSITE. THERE IS NO WARRANTY OF MERCHANTIBILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NO WARRANTY OF NON-INFRINGEMENT, AND NO WARRANTY OF ANY OTHER KIND, IMPLIED, EXPRESS OR STATUTORY, IN CONJUNCTION WITH THE WEBSITE. ANY DATED MATERIALS OR INFORMATION INCLUDED ON THIS WEBSITE ARE PROVIDED ONLY FOR HISTORICAL OR ARCHIVAL PURPOSES. DATED MATERIALS OR INFORMATION ARE CURRENT, APPLICABLE AND RELEVANT ONLY AS OF THE DATE OF THEIR ISSUE AND SHOULD NOT BE RELIED UPON AS BEING CURRENT AFTER THAT DATE.

Limitation of Liability

IN NO EVENT WILL TERRA INCOGNITA BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE WEBSITE OR USE THEREOF OR THE INABILITY BY ANY PARTY TO USE THE WEBSITE, 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 TERRA INCOGNITA, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. YOU FURTHER ACKNOWLEDGE THAT NOTHING CONTAINED ON THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO STRATEGIES AND EDUCATION ARTICLES) CONSTITUTES INVESTMENT, LEGAL, TAX OR OTHER ADVICE, NOR IS IT TO BE RELIED UPON IN MAKING ANY INVESTMENT OR OTHER DECISIONS. YOU SHOULD SEEK PROFESSIONAL ADVICE PRIOR TO MAKING ANY INVESTMENT DECISIONS. You hereby agree to indemnify, defend and hold Terra Incognita, its affiliates and their officers, directors, members, principals, investors, agents and employees harmless from and against any and all liability incurred by these parties in connection with any claim arising out of your use of the Website, your connection to the Website, or any breach by you of these Terms of Use, including without limitation attorneys' fees and costs. You shall cooperate as fully as reasonably required or requested in the defense of any claim. Terra Incognita reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Terra Incognita.

Trademarks

The mark TERRA INCOGNITA is a registered service marks of Terra Incognita in the United States and other jurisdictions. Except as specifically permitted in these Terms of Use, nothing contained in these Terms of Use or the Website either grants or shall be construed to grant to you or any third party, by implication, estoppel or otherwise, any title or interest in, or any license or right to use or reproduce, any trademark, logo or service mark contained in the Website, including without limitation the name or logo of Terra Incognita, any of its affiliates and/or any other entity described on the Website.

No Offer/Local Restrictions

Nothing contained in or on the Website should be construed as a solicitation of an offer to buy or offer, or recommendation, to acquire or dispose of any security, commodity, investment or to engage in any other transaction. Any such offer or solicitation will be made only by means of delivery of a confidential private offering memorandum or investment management contract to qualified investors in those jurisdictions where permitted by law. Terra Incognita offers a number of products and services designed specifically for various categories of investors in various countries and regions. Not all products will be available to all investors. These products or services are only offered to such investors, in those countries and regions, in accordance with applicable laws and regulations. The information provided on the Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. All persons and entities accessing the Website do so of their own initiative and are responsible for compliance with applicable local laws and regulations. The Website is not directed to any person in any jurisdiction where the publication or availability of the Website is prohibited, by reason of that person's nationality, residence or otherwise. Persons subject to these restrictions must not access the Website.

General

If any provision of these Terms of Use is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction. This Website contains views and opinions which, by their very nature, are subject to uncertainty and involve inherent risks. Predictions or forecasts described or implied, may prove to be wrong. Investing involves risk, including the possible loss of principal. Any portfolio risk management processes discussed herein are an effort to monitor and manage risk, but should not be interpreted as and do not imply low risk or the ability to control risk. Risk policies and limits imposed by Terra Incognita are subject to change and may be exceeded from time to time due to, among other things, market fluctuations. When used in the Website outside of these Terms of Use and Legal Information, the term “Terra Incognita” refers to the Terra Incognita group of companies, unless otherwise indicated. The Terra Incognita group of companies includes Terra Incognita LLC and certain companies owned by their officers with the primary purpose of providing services to the clients of Terra Incognita LLC, including Terra Incognita Pte. Ltd. and Terra Incognita S.A. and, unless the context otherwise requires, former investment advisors and service providers to such clients, including Terra Incognita Ltd. and Terra Incognita, Inc.