Website Terms of Use

These Terms of Use govern the access and use of the 3Pine Capital S.à r.l. website www.3pine.capital (the “Website”). Use of the words “3Pine Capital” (“we,” “us,” or “our”) refers to 3Pine Capital S.à r.l. and its affiliates.

By accessing this Website, the pages and subdomains contained on it, and the information and material contained or described herein (together the “Information”), you acknowledge your agreement with, and understanding of, the following terms and conditions of use (the “Terms of Use”).

In the event of any inconsistency between these Terms of Use and any other pages, policies, terms, conditions, licenses, limitations, or obligations contained within or on the Website, these Terms of Use shall prevail. These Terms of Use should be read in conjunction with:

• the Privacy Policy at www.3pine.capital/privacy-policy; and
• the Cookie Policy at www.3pine.capital/cookie-policy.

To contact us, please email info@3pine.capital.

These terms may be changed, supplemented or updated by us in our sole discretion at any time without advance notice. We recommend visiting the Terms of Use from time to time. Your continued use of this Website will confirm your acceptance of these terms as modified, changed, supplemented or updated by us. If you do not agree to such revised terms you must stop using this Website and all information, links or content contained on this Website.

1. Use of the Website

You shall not use the Website in any way that is fraudulent or unlawful. The Information 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.

The products and services described on the Website are only intended for users who are legally permitted to access and use them. The products and services may not be eligible or suitable for sale in all jurisdictions or to certain categories of investors. The products and services are not intended for persons subject to a jurisdiction that prohibits the publication of and the access to the Website (due to the nationality of the respective person or on any other grounds). Persons who are subject to such restrictions are prohibited from accessing the Website.

2. Platform Registration and KYC Process

Registration via the Website is a prerequisite for accessing secure areas of the platform, including participating in any online subscription process.

Natural persons and legal entities may register if they are legally permitted to do so in their jurisdiction. Natural persons must register themselves. Legal entities may be registered by a legally authorised representative. You must follow all instructions for registration found on the Website.

To comply with applicable regulatory requirements, 3Pine Capital (or its delegated service providers) verifies your identity through a Know Your Customer verification process (the “KYC Process”). You must complete the KYC Process to our absolute satisfaction and provide accurate, sufficient, and necessary information as requested.

We reserve the right to refuse registration, suspend accounts, or revoke KYC clearance at any time, at our sole discretion, and without providing any reason.

3. Purpose of Information

The Information on the Website is for information purposes only and is not offered as advice on any particular matter and must not be treated as a substitute for specific advice. In particular, the Information does not constitute professional, financial or investment advice and must not be used as a basis for making investment decisions and is in no way intended, directly or indirectly, as an attempt to market or sell any type of financial instrument. Advice from a suitably qualified professional should always be sought in relation to any particular matter or circumstances.

The Information is not intended to and does not constitute an offer to sell or a solicitation of an offer to buy any securities in any jurisdiction in which such offer or solicitation would be unlawful.

4. Availability

We do not guarantee that our Website or its services, the Information, or any integrated software will always be available, uninterrupted, or error-free. The Website and its services are provided on an “as is” and “as available” basis. We disclaim any warranties that the Website is free of viruses or other harmful components. We reserve the right to suspend, withdraw, or restrict access to all or any part of the Website at any time, at our sole discretion, and without notice.

5. Limitation of Liability

3Pine Capital does not provide any representation or warranty as to the accuracy, reliability, timeliness or completeness of the Information, nor as to the appropriateness of the Information for any use which any individual user may choose to make of it and accepts no responsibility for updating any part of the Information.

3Pine Capital excludes all implied conditions, warranties, representations or other terms that may apply to the Website, its services or any of the Information. 3Pine Capital will not be liable to you for any error, omission or misrepresentation in relation to the Information or for any loss, damage, cost or expense (whether direct, indirect, consequential or otherwise), arising under or in connection with: use of, or inability to use, our Website or its services; or use of or reliance on any of the Information.

In no event will 3Pine Capital be responsible or liable for any claims, damages, liabilities, losses, costs or expenses of any kind, whether direct or indirect, consequential, compensatory, incidental, actual, exemplary, punitive or special (including damages for loss of business, revenues, profits, data, use, goodwill or other intangible losses), regardless of whether 3Pine Capital has been advised of the possibility of such damages, liabilities, losses, costs or expenses, arising out of or in connection with: (a) the use or performance of this Website; (b) any provision of or failure to provide this Website or its services, including without limitation any links on our Website; (c) any of the Information; (d) any conduct or content of any third party; (e) unauthorised access, use or alteration of the transmission of data or content to or from us; or (f) the failure to receive in any way the transmission of any data, content, funds or property from you.

6. Intellectual Property

The Website including all Information is owned by or licensed to 3Pine Capital or its affiliates and is subject to and protected by various intellectual property rights including but not limited to copyright, trade secrets, trademarks, service marks, brand names and other proprietary rights whether under contract, statute or any similar provisions (“IP Rights”). All IP Rights are and shall remain the exclusive property of 3Pine Capital and nothing in these Terms of Use gives you any right, title, or ownership of, in, or to the Website, any of the Information or IP Rights. Subject to the above, you are entitled to view the Information on the Website and to copy and print such information for personal use. You are not permitted to sell or distribute or otherwise deal with the Information on the Website or any deviations of such information without the prior written consent of 3Pine Capital.

7. Representations and Warranties

You represent and warrant to 3Pine Capital that, if you are an individual user, you have the capacity to enter into a contract under applicable laws. If you use the Website on behalf of a legal entity, you represent and warrant that you are duly authorised to act on behalf of such legal entity.

8. Personal Information

You hereby consent to the sharing of your personal information and acknowledge that we may disclose and transfer any information that you provide through this Website to any of our affiliates. We will only use your personal information as set out in our Privacy Policy at www.3pine.capital/privacy-policy.

9. Forward-Looking Statements

The Information may contain “forward-looking statements” regarding 3Pine Capital’s future operations, asset performance, and economic targets. These statements are based on current expectations and are subject to significant risks, known and unknown uncertainties, and changes in financial, economic or regulatory conditions that may cause actual results to differ materially from those expressed or implied in the Information. 3Pine Capital undertakes no obligation to update these statements except as required by law.

10. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless us and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (collectively, the “3Pine Capital Parties”) from and against all claims, damages, liabilities, losses, costs and expenses (including attorneys’ fees) that arise from or relate to: (i) your access to or use of our Website, the Information, products or services; and/or (ii) your violation of these Terms of Use.

We reserve the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification pursuant to these terms. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and 3Pine Capital.

11. Third-Party Content

We may display third-party content, advertisements, links, promotions, logos and other materials on our Website (collectively, the “Third-Party Content”) for your convenience only. We make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, the accuracy, validity, legality, copyright compliance, or decency of such content. Your use and interaction with any Third-Party Content, and any third party that provides Third-Party Content, are solely between you and such third parties and we are not responsible or liable in any manner for such use or interactions. We are not responsible for any of the content on third-party sites linked to our Website nor can it be assumed that we have reviewed or approved of such sites or their content, nor do we warrant that the links to these sites work or are up to date.

12. Software

When we host or link to any software and enable you to access and use such software through our websites including this Website, then these Terms of Use will apply to such access and use, as well as any other agreements that we may enter into with you. Any software that is hosted or used on our websites is the exclusive property of 3Pine Capital or its affiliates.

13. Delegation of Functions

3Pine Capital reserves the right to delegate or outsource any functions relating to the operation, maintenance, or administration of the Website to third-party service providers at its sole discretion.

14. Severability

If any provision of these Terms of Use is found by a competent court or authority to be invalid, unlawful, or unenforceable in any jurisdiction, that provision shall be deemed modified to the minimum extent necessary to make it valid, lawful, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification or deletion of a provision shall not affect the validity and enforceability of the remaining provisions of these Terms of Use, which shall continue in full force and effect.

15. Governing Law

Any dispute, claim or action related to the use of the Website or these Terms of Use shall be governed by the laws of the Grand Duchy of Luxembourg. You hereby consent to the exclusive jurisdiction of the courts of Luxembourg.