These Terms and Conditions (“Terms”) govern your use of the Incom Capital Value Fund (“we”, “us” or “our”) website (the “Site”) and our investment management services. By using our Site or our services, you agree to be bound by these Terms.

Investment Management Services:

We provide investment management services to clients who have entered into an investment management agreement with us. Our services are subject to the terms and conditions of the investment management agreement.

Investment Risks:

Investments involve risks, and the value of investments may fluctuate. Past performance is not indicative of future results. We do not guarantee any specific results from our investment management services.

Intellectual Property:

The Site and all content on the Site, including but not limited to text, graphics, logos, images, and software, are the property of Incom Capital Value Fund or our licensors and are protected by intellectual property laws.

Restrictions on Use:

You may use the Site only for lawful purposes and in accordance with these Terms. You may not use the Site in any way that violates any applicable federal, state, local, or international law or regulation.

Disclaimer of Warranties:

THE SITE AND OUR INVESTMENT MANAGEMENT SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Limitation of Liability:

IN NO EVENT WILL INCOM CAPITAL VALUE FUND BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST BUSINESS, OR LOST DATA, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, OR OUR INVESTMENT MANAGEMENT SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.

Indemnification:

You agree to indemnify, defend, and hold harmless Incom Capital Value Fund and its officers, directors, employees, agents, and affiliates from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of the Site or our investment management services.

Governing Law:

These Terms shall be governed by and construed in accordance with the laws of the state where Incom Capital Value Fund is located, without regard to conflicts of law principles.

Dispute Resolution:

Any disputes arising out of or in connection with these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be held in the state where Incom Capital Value Fund is located.

Changes to Terms:

We may update these Terms from time to time by posting the updated Terms on the Site. Your continued use of the Site or our services after the posting of the updated Terms constitutes your acceptance of the updated Terms.

Terms & Conditions