Disclaimers & Terms of Use

Terms of Use and Legal Information

By accessing this site, you signify your agreement with and understanding of the following Terms of Use pertaining to both this site and any material contained therein.  This site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this site constitutes your agreement to all such terms, conditions, and notices.  SCP Investment, LP and its affiliates (collectively, “SCP”) reserves the right to change the terms, conditions, and notices under which this site is offered without prior notice at any time.

Ownership of Site and Trademarks/Lawful Use

SCP owns and maintains this site.  Nothing at this site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any photograph, image, trademark, logo or service mark at the site.  No act of downloading or otherwise copying from this site will transfer title to any software or material at this site to you.  Anything that you transmit to this site becomes the property of SCP, may be used by SCP for any lawful purpose, and is further subject to disclosure as deemed appropriate by SCP, including to any legal or regulatory authority to which SCP is subject.  SCP reserves all rights with respect to copyright and trademark ownership of all material at this site, and will enforce such rights to the full extent of the law.  This site is for your personal and non-commercial use.  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products, or services obtained from this site.

No Offer of Securities – Disclosure of Interests

Under no circumstances should any material at this site be used or considered as an offer to sell or a solicitation of any offer to buy an interest in any securities or investment fund, or the rendering of personalized investment advice for compensation. The material on this website does not constitute, and may not be used in connection with, an offer or solicitation by anyone in any jurisdiction in which such offer or solicitation is not permitted by law or in which the person making such offer or solicitation is not qualified to do so or to any person to whom it is unlawful to make such offer or solicitation.  Access to information about any accounts is limited to investors who, among other requirements, either qualify as accredited investors within the meaning of the Securities Act of 1933, as amended, or those investors who generally are sophisticated in financial matters, such that they are capable of evaluating the merits and risks of prospective investments.  

No Reliance

While SCP uses reasonable efforts to update the information on this site, SCP makes no representations or warranties as to the accuracy, reliability or completeness of any information at this site.  Opinions, advice and any other content at this website, including the terms and conditions of your use of this service, are subject to change without notice or liability.

Material to be Consulted in its Entirety

All materials at this site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices.  Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

Cookies

This website may utilize “cookies”. A cookie is an element of data that a website can send to your browser and store on your computer’s hard drive. They are used by SCP to determine user activity throughout its website (such as specific pages visited, time spent on those pages, and frequency of visits).  SCP uses this information to analyze usage patterns and, more importantly, to provide you with a more rewarding experience each time you visit the SCP website.  SCP does not use cookies to store or transmit any personally identifiable information about you on the Internet.

No Warranty

The materials in this site are provided “as is” without warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law.  SCP further assumes no responsibility for, and makes no warranties that, functions contained at this site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available will be free of viruses or other harmful components.  SCP shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed, on your computer or other property on account of your accessing or use of this site.  SCP does not make any representation or warranties as to the accuracy, timeliness, suitability, completeness or relevance of any information prepared by any unaffiliated third party whether linked to SCP’s web site or incorporated herein. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.

Limitation of Liability

IN NO EVENT SHALL SCP BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFIT, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR THE MATERIAL CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE.  IN NO EVENT SHALL SCP TOTAL LIABILITY FOR ANY AND ALL DAMAGES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE USE OF THIS WEBSITE.

Certain laws do not allow limitations or implied warranties, or the exclusion or limitation of certain damages.  If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Severability

In the event any of the terms or provisions of these terms and conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These terms and conditions shall be subject to any other agreements you have entered into with SCP.

Disputes

All claims, disputes or disagreements which may arise out of the interpretation, performance or in any way relating to your use of this site and any and all other SCP site(s), shall be submitted exclusively to the jurisdiction of the State or federal courts located in the State of California and the County of Contra Costa.  In the event any portion of these Terms of Use is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of these Terms of Use and, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of these Terms of Use. You agree that your breach of these Terms of Use may result in irreparable harm to SCP which cannot be compensated by money damages, and that SCP shall be entitled to obtain injunctive relief for any such breach.

Global Dealing Restrictions

The materials and services at this website are intended for U.S. persons only.  SCP makes no representation that this website is appropriate for use in all locations, or that transactions, securities, products, instruments or services discussed at this website are available or appropriate for sale or use in all jurisdictions, or by all investors or counter parties.  Those who access this website are responsible for compliance with applicable local laws or regulations.  No software at this website may be downloaded or otherwise exported in contravention of U.S. Department of Treasury or U.S. Department of Commerce regulation.

Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and entirely to be performed within the State of California without resort to its conflict of law provisions.

Disclaimers

SCP is a SEC registered investment adviser with an office in Orinda, CA. SCP may only transact business in those states in which it is registered, or qualifies for an exemption or exclusion from registration requirements. SCP’s web site on the internet is limited to the dissemination of generic information pertaining to its advisory services, together with access to investment related information and links. All such information is provided solely for convenience purposes only and all users thereof should be guided accordingly. Past performance may not be indicative of future results. Therefore, no current or prospective client should assume that future performance of any specific investment or strategy (including those recommended by SCP) or product made reference to directly or indirectly by SCP in its web site, or indirectly via a link to an unaffiliated third party web site, will be profitable or equal the corresponding indicated performance level(s). Different types of investments involve varying degrees of risk, and there can be no assurance that any specific investment will either be suitable or profitable for a client or prospective client’s investment portfolio. Historical performance results, investment indices and/or categories generally do not reflect the deduction of transaction fees, the deduction of an investment management fee, nor the impact of taxes, the incurrence of which have the effect of decreasing historical performance results. No client or prospective client should assume that any such discussion serves as receipt of, or a substitute for, personal advice from SCP or from any other investment professional.

SCP Perspectives – Economic and Market Commentary Disclaimer

The opinions expressed herein are those of SCP and are subject to change without notice. Past performance is not a guarantee or indicator of future results. The information contained herein is not investment advice. You should not consider the information and commentary published herein as a recommendation to buy or sell any particular security. You should not assume that any of the securities discussed in the commentary published herein are or will be purchased for your account, or are or will be profitable, or that recommendations we make in the future will be profitable or equal the performance of the securities listed in this report. Consider the investment objectives, risks, and expenses before investing.