These Terms of Use (“Terms”) apply to your access to and use of this website (the “Website”) provided by Malabar Technologies (“Malabar Technologies” or “we”). By using the Website, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 12. If you do not agree to these Terms, do not use the Website.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through the Website or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of the Website after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using the Website.
This website is a general communication for informational purposes only and is not and should not be construed as advice or a recommendation concerning any security or other asset, or an offer to sell, or the solicitation of an offer to buy, any security, product, service of Malabar Technologies or any fund for which we serve as investment manager or general partner, whether existing or contemplated, for which an offer can be made only by such fund’s confidential private placement memorandum and in compliance with applicable law. Malabar Technologies is not registered as an investment adviser with the U.S. Securities and Exchange Commission. Malabar Technologies is an Exempt Reporting Adviser (ERA) and, therefore, is not required to register with the SEC or any state regulatory agency.
This Website may contain “forward-looking statements” within the meaning of Section 27A of the Securities Act of 1933, as amended (the “Securities Act”), and Section 21E of the Securities Exchange Act of 1934, as amended (the “Exchange Act”). These statements include, but are not limited to, discussions related to Malabar Technologies’s expectations regarding the performance of its business, liquidity and capital resources and the other non-historical statements. These forward-looking statements are based on our beliefs, as well as assumptions made by, and information currently available to, Malabar Technologies. When used on this website, the words “believe,” “anticipate,” “estimate,” “expect,” “intend” or future or conditional verbs, such as “will,” “should,” “could,” or “may,” and variations of such words or similar expressions are intended to identify forward-looking statements. Although Malabar Technologies believes that the assumptions and expectations reflected in these forward-looking statements are reasonable, there can be no assurance that these expectations will prove to be correct and actual results may vary. These statements are subject to risks, uncertainties and assumptions, including risks relating to our dependence on key personnel, our ability to raise new private equity, credit or real asset funds, market conditions generally, our ability to manage our growth, fund performance, changes in our regulatory environment and tax status, the variability of our revenues, net income and cash flow, our use of leverage to finance our businesses and investments by funds we manage, and litigation, regulatory and compliance risks, among others. These factors should not be construed as exhaustive and we undertake no obligation to publicly update or review any forward-looking statements, whether as a result of new information, future developments or otherwise, except as required by applicable law.
For information about how we collect, use, share and otherwise process information about you, please see our Privacy Statement
You must be at least 18 years of age to use our Website. If you use our Website on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
You may need to register for an account to access certain permissioned webpages on the Website. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Website. You will not:
Enforcement of this Section 6 is solely at Malabar Technologies’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 6 does not create any private right of action on the part of any third party or any reasonable expectation that the Website will not contain any content that is prohibited by such rules.
The Website, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Malabar Technologies and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Website are reserved by us. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Website.
We may provide references and links on the Website related to third-party products, content, services, activities or events (collectively, “Third-Party Content”). We provide Third-Party Content solely as a convenience to you and do not control or endorse, or make any representations or warranties regarding, any Third-Party Content. Your access to and use of such Third-Party Content is at your own risk.
Malabar Technologies makes no representation or warranty, express or implied, with respect to the accuracy, reasonableness or completeness of any of the information contained on this Website, including, but not limited to, information obtained from third parties, although we believe information sourced from third parties is correct (but we have not