Terms of Use

Throughout this website, “HCAP Partners” refers to HFMC Capital, LLC and the funds it advises, HCAP Partners III, L.P., HCAP Partners II, L.P. and Huntington Capital, L.P.  HFMC Capital, LLC is an investment adviser registered with the Securities and Exchange Commission.

This website is provided by HCAP Partners and may be used for informational purposes only. By using the site or downloading information or materials from the site, you agree to abide by these terms and conditions. If you do not agree to abide by these terms and conditions, do not use the site or download materials from the site.

HCAP Partners does not intend to provide investment advice through this site. This website is in no way a solicitation or offer to sell securities of any fund advised by us or otherwise.  This website is also not a solicitation or offer to sell investment advisory services except, where applicable, in states where we are registered or where an exemption or exclusion from such registration exists. We reserve the right to require proof of residence from any user accessing this site and requesting information. Information concerning our licensure status or regulatory history may be available from certain state or federal securities administrators. Information throughout this site, whether charts, articles, or any other statement or statements regarding market or other financial information, is obtained from sources which we, and our suppliers believe reliable, but we do not warrant or guarantee the timeliness or accuracy of this information.  Nothing on this site should be interpreted to state or imply that past results are an indication of future performance.  Neither we nor our information providers shall be liable for any errors or inaccuracies, regardless of cause, or the lack of timeliness of, or for any delay or interruption in the transmission thereof to the user.
 

Limited License

Subject to the terms and conditions set forth in this Agreement, HCAP Partners grants you a non-exclusive, non-transferable, limited right to access, use and display the site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way. HCAP Partners authorizes you to view and download the materials associated with this site only for your personal, non-commercial use.

The site and its content and images, as well as all copyright, and other rights in the content herein, are owned by HCAP Partners and its licensors and all related marks, designs and slogans are HCAP Partners’s trademarks.  You may not use such marks without prior written permission from HCAP Partners. HCAP Partners reserves all rights not expressly granted herein.  All other names, brands and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.

You may not publish, rent, lease, modify, distribute, or create derivative works based on the site or its materials or any part thereof without the express written permission of HCAP Partners, or reverse engineer, decompile, translate, adapt or disassemble any functionality of the site, nor shall you attempt to create the source code from the object code for any software embedded in the site without the express written permission of HCAP Partners.
 

Uses of site

You agree that any confirmation, account transfer or other information delivered through the site, by “clicking” on the designated spaces in or relating to such document shall be deemed to be “in writing’ and to be “signed” and delivered for all purposes by you.  Any record of such transaction or confirmation (including, without limitation, electronic records) shall be deemed to be “in writing.”  You further agree that you shall not contest the legally binding nature, validity or enforceability of any transaction, document, or confirmation based on the fact that it has been executed by “clicking” on the designated spaces and expressly waives any and all rights it may have in asserting such claim.
 

Third Party sites

As a convenience to you, HCAP Partners may provide, on this site, links to non-HCAP Partners websites operated by other entities. Because HCAP Partners has no control over such sites and resources, you acknowledge and agree that HCAP Partners is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that HCAP Partners shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
 

External Links to the Site

HCAP Partners consents to links in which the appearance, position, and other aspects of the link neither create the false appearance that an entity or its activities or products are associated with or sponsored by HCAP Partners nor be such as to damage or dilute the goodwill associated with the name and trademarks of HCAP Partners. HCAP Partners reserves the right to revoke this consent to link at any time in its sole discretion.
 

Privacy and Information Provided By You

Any personally identifiable information you may provide to HCAP Partners via this site is protected by these Terms of Use.  You agree that any information or materials that you or individuals acting on your behalf provide to HCAP Partners will not be considered confidential or proprietary. You further recognize that HCAP Partners does not want you to, and you warrant that you shall not, provide any information or materials to HCAP Partners that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

HCAP Partners gathers two types of information about users of this site:

  • Information that users provide through optional, voluntary submissions. These are voluntary submissions including but not limited to: communicating with HCAP Partners via online forms, requesting materials that require mailing, receiving any electronic newsletters, and from participation in online polls and surveys.
     
  • Information HCAP Partners gathers through aggregated tracking information derived mainly by tallying page views throughout the site. This information allows us to better understand our audience's interests and thus tailor our content to readers' needs. Under no circumstances does HCAP Partners divulge any information gathered from our site about users to a third party.

We will not knowingly collect information from site visitors under the age of 13.

HCAP Partners tracks user traffic patterns throughout the site based upon aggregate server statistics. However, we do not correlate this information with personally identifiable data about individual users. HCAP Partners does break down overall usage statistics according to a user's domain name, browser type, and MIME type by reading this information from the browser string (information contained in every user's browser).

HCAP Partners also tracks and catalogs the search terms users enter in our search function, but this tracking is never associated with individual users. We use tracking information to determine both the effectiveness of existing content and audience demand for future content. This helps us continue to better our service to visitors and participants.

We may place a text file called a "cookie" in the browser files of your computer. The cookie itself does not contain personal information, although it will enable us to relate your use of this site to information that you have specifically and knowingly provided. However, the only personal information a cookie can contain is information you voluntarily supply. A cookie cannot read data off your hard disk or read cookie files created by other sites. HCAP Partners may use cookies to track traffic patterns or provide enhanced functionality to the Site.

You can refuse cookies by turning them off in your browser. If you've set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You do not need to have cookies turned on to use the site. However, may need cookies to utilize certain functions within the site.

These privacy provisions relate to the use of this site.  Investors in the HCAP Partners’ funds will also receive a copy of the HFMC Capital, LLC Privacy Policy at the time our Form ADV Part 2 is initially provided to such investors.
 

Warranty Disclaimer

THIS SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. HCAP PARTNERS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. HCAP PARTNERS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. HCAP PARTNERS MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
 

Limitations of Damages

IN NO EVENT SHALL HCAP PARTNERS OR ANY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF HCAP PARTNERS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
 

Changes

HCAP Partners reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions in whole or in part, at any time. Changes in these terms and conditions will be effective when notice of such change is posted. Your continued use of the site after any changes to these terms and conditions are posted will be considered acceptance of those changes.

HCAP Partners may terminate, change, suspend or discontinue any aspect of the site, including the availability of any features of the site, at any time. HCAP Partners may also impose limits on certain features and services or restrict your access to parts or all of the site without notice or liability. HCAP Partners may terminate the authorization, rights and license given above and, upon receipt of notice of such termination, you shall immediately destroy all materials.
 

Applicable Law

These terms and conditions will be governed by and construed in accordance with the laws of the State of California. Any action brought to enforce these terms and conditions or matters related to the site shall be brought in either the state or federal courts of California. If for any reason a court of competent jurisdiction finds any provision or portion of these terms and conditions to be unenforceable, the remainder to these terms and conditions will continue in full force and effect.

These terms and conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the terms and conditions will be effective only if in writing and signed by HCAP Partners.
 

International Use

Because of the global nature of the Internet, you agree to comply with all local rules with respect to your account and your online conduct, including all laws, rules, codes and regulations of the country in which you reside and the country from which you access the site, including without limitation, all laws, rules, codes, regulations, decrees, acts, orders, directives, legislation, bills and statutes pertaining to tax, contracts, intellectual property, securities e-commerce, banking, technology, computers, fraud and privacy.  In addition, you agree to comply with all applicable laws, rules, codes and regulations regarding the transmission of technical data exported from the United States.
 

Your Conduct At This Website

Your use of the site is subject to applicable local, state, and federal law. You agree not to use the site or any of the materials for any illegal purpose, or to transmit to or through the site any illegal, harmful, threatening, defamatory, obscene, or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the site.
 

Security

HCAP Partners takes appropriate measures to protect the confidentiality and security of information while it is stored on our system.  We use encryption technology to ensure the safe transmission of your information on all our secure websites.
 

Effective Date

These terms and conditions are effective as of 7/28/15.
 

Questions About Our Terms and Conditions

If you have any questions about these terms and conditions, please contact us by calling +1 (858) 259-7654 or using our online contact form.