Terms of Use
Effective Date: January 1, 2025
Acceptance of Terms
By accessing and using the Schams Capital website (schamscapital.com), you accept and agree to be bound by these Terms of Use. If you do not agree to these terms, you should not access or use this website.
Website Purpose and Intended Audience
This website provides information about Schams Capital and its investment activities. Detailed portfolio information is available only to authorized investors who have been approved for access.
This website is not:
- A solicitation or offer to sell securities
- Investment advice or a recommendation to purchase any security
- A public fundraising platform
- Directed to the general public for investment purposes
Eligibility and Access Restrictions
Public Access
Certain informational pages are available to the general public for educational and informational purposes only.
Restricted Access
Access to detailed portfolio information, financial performance data, and investment documentation is restricted to:
- Verified accredited investors
- Current limited partners and stakeholders
- Authorized family members and designated representatives
- Professional advisors with appropriate authorization
Unauthorized access attempts to restricted areas may result in account termination and potential legal action.
Intellectual Property Rights
All content on this website, including text, graphics, logos, images, and software, is the property of Schams Capital or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws.
You may not:
- Reproduce, distribute, or create derivative works from website content
- Use automated tools to scrape or download website content
- Remove or alter copyright notices or proprietary markings
- Use Schams Capital trademarks or branding without written permission
Investment Disclaimers
No Offer or Solicitation
Nothing on this website constitutes an offer to sell or a solicitation to buy any security or investment product. Any investment opportunities are offered only through private placement memoranda or similar documents to qualified investors.
Not Investment Advice
Information provided on this website is for informational purposes only and should not be construed as investment, legal, tax, or financial advice. You should consult with qualified professionals before making investment decisions.
Past Performance
Historical performance information, if presented, does not guarantee future results. All investments carry risk, including the potential loss of principal.
Forward-Looking Statements
Certain statements on this website may constitute forward-looking statements regarding expectations, projections, or future events. Actual results may differ materially from these statements.
Confidentiality
Authorized users with access to restricted areas of the website agree to:
- Maintain confidentiality of all non-public information
- Use information solely for evaluating investment decisions
- Not disclose login credentials or share account access
- Comply with all applicable securities laws and regulations
Breach of confidentiality obligations may result in immediate account termination and legal liability.
User Conduct
Users of this website agree to:
- Provide accurate and truthful information
- Maintain security of account credentials
- Use the website only for lawful purposes
- Not interfere with website operations or security
- Not transmit malicious code or unauthorized content
Website Availability and Modifications
We reserve the right to:
- Modify, suspend, or discontinue the website at any time
- Update these Terms of Use without prior notice
- Restrict or terminate user access at our discretion
- Correct errors or inaccuracies in website content
Limitation of Liability
To the fullest extent permitted by law:
Schams Capital, its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of this website, even if advised of the possibility of such damages.
This includes, but is not limited to:
- Investment losses or missed opportunities
- Data loss or corruption
- Business interruption
- Loss of profits or revenue
Our total liability for any claims related to this website shall not exceed $100.
Indemnification
You agree to indemnify, defend, and hold harmless Schams Capital and its affiliates from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:
- Your violation of these Terms of Use
- Your violation of any law or regulation
- Your violation of third-party rights
- Your misuse of website content or unauthorized access
Dispute Resolution
Governing Law
These Terms of Use are governed by the laws of the State of California, without regard to conflict of law principles.
Arbitration
Any disputes arising from these Terms of Use or your use of this website shall be resolved through binding arbitration in Santa Clara County, California, in accordance with the rules of the American Arbitration Association.
You waive the right to participate in class actions or class arbitrations.
Exceptions
Either party may seek injunctive relief in court to protect intellectual property rights or confidential information.
Severability
If any provision of these Terms of Use is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect.
Entire Agreement
These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and Schams Capital regarding your use of this website.
Contact Information
For questions about these Terms of Use, please contact:
Schams CapitalPO Box 1299
Morgan Hill, CA 95037-0123
Email: admin@shamscapital.com
Phone: (415) 766-9666
By continuing to use this website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.