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 Capital
PO Box 1299
Morgan Hill, CA 95037-0123
Email: admin@shamscapital.com
Phone: (415) 766-9666
Last Updated: January 1, 2025

By continuing to use this website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.