Terms of Use

Please read these Terms of Use (“Terms”) carefully. By accessing this website of Efficient Capital Management®, LLC (“Efficient” or “we”), you agree to be bound by these Terms. The Terms are subject to change at any time without prior notice and any such changes will be incorporated and posted to this site. If you do not agree with these Terms, please do not access this site.

Information on this site

This site is for informational purposes only and is not an offer to sell, a solicitation of an offer to buy or a recommendation to buy any security or other investment product or service. An investment is offered only on the basis of the appropriate fund’s private placement memorandum or other applicable offering documentation (collectively, offering materials) and in accordance with all applicable laws. This site does not describe all the various risks associated with investing in managed futures or other investment strategies; such risks will only be contained in the applicable offering materials.

Past performance is not necessarily indicative of future results. Please refer to the specific disclosures accompanying any specific past performance record contained on this site, as applicable. Futures, securities and derivatives trading is extremely speculative and highly risky and is not suitable for all investors. There can be no assurance that an account or fund will earn any profits at all or will be able to avoid incurring substantial losses, including the entire loss of the investment. An investment should only be made by persons who can sustain a loss on their investment and is only suitable for qualified investors.

No information that we are providing on this site shall be considered to be or is advice on which you may rely as the primary basis for your investment decisions. You need to make your own decisions, with whatever third-party advice you wish to obtain, and you are not authorized to rely on any information provided on this site as advice that is a primary basis for your decisions. Efficient makes no representation that the investment services described on this site are suitable for any specific investor or type of investor. Efficient expressly confirms, and by proceeding to use this site you acknowledge, that Efficient is not making a recommendation, is not providing investment or commodity trading advice of any kind whatsoever (whether impartial or otherwise), and is not giving any advice in ‎a fiduciary capacity, in connection with your use of this site or in reaching any decision you may make to invest in any products or services with us. This site may contain forward-looking statements that are based on current expectations, assumptions, estimates, and projections. Such forward-looking statements are subject to various risks and uncertainties, including, but not limited to, changes in market conditions, economic factors, and regulatory developments. Accordingly, actual results could differ materially from those expressed or implied by these forward-looking statements. Efficient undertakes no obligation to update or revise any forward-looking statements, whether as a result of new information, future events, or otherwise. You are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date hereof.

Restrictions on Use

Your use of the materials on this site, including content, documents, products, software, graphics and text, and all software, design, programming techniques and documentation used to operate and support this site, is subject to these Terms. Except as authorized in writing by Efficient, no materials from this site or any website owned, operated, licensed, or controlled by Efficient may be reproduced, republished, posted, or hyperlinked.

You agree that you shall not use this site or any content on this site for any purpose that is contrary to, or in violation of, any applicable law, regulation or contract right. You agree not to: (i) use any device, software or routine to interfere or attempt to interfere with the proper working of this site; (ii) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up this site; or (iii) delete or alter any material posted on this site, in each case without our express written consent.

With Whom and Where We Are Authorized to Conduct Business

This site and its contents are not for retail investors but intended for use by investors who qualify both as “qualified eligible persons” under US Commodity Futures Trading Commission (“CFTC”) Rule 4.7 and as “accredited investors” under Securities and Exchange Commission (“SEC”) Rule 501(a). The services and products described and information provided through this site are directed to and are intended to be made available primarily to persons in the United States and are not intended for distribution to, or use by, any person in any other country or any jurisdiction where such distribution or use would be contrary to law or regulation or that would subject Efficient or the investment funds managed by Efficient, to any licensing or registration requirement within such jurisdiction or country. Persons who access this site do so on their own initiative, and are responsible for compliance with applicable local laws or regulations.

Efficient is registered with the CFTC as a commodity pool operator and with the SEC as an investment adviser. Efficient also is a member of the National Futures Association (“NFA”). However, none of the CFTC, SEC nor NFA have reviewed the content of this site, and registration with the CFTC and SEC or membership in the NFA does not constitute their endorsement or approval of Efficient and its services.

Our Privacy Policy

Efficient is firmly committed to maintaining the privacy of all visitors to our site. For more information, see our Privacy Policy and our Cookie Policy.

Modification of this site and Materials

Efficient may, at any time and for any reason, stop making this site available and/or remove and discard any materials within it. Further, Efficient shall not be liable to you or any third party for any modification, suspension, or discontinuance of this site, with or without notice.

Third Party Links and Content

This site may provide, or third parties may provide, hyperlinks to other websites or resources. Efficient has no control over such sites and resources, is not responsible for their availability, and except as may otherwise be specifically provided or as required by applicable law, does not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from them. To the fullest extent permitted by applicable law, Efficient 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 such sites or resources. Your use of such sites or resources shall be subject to the terms and conditions set forth by them.

With permission as may be required, Efficient may post to its site or on a social media platform, research papers or other content prepared by third parties. The posting of such third party content will be for general informational purposes and is not to be considered an endorsement by Efficient except as may otherwise be specifically provided or as required by applicable law. The opinions expressed in such content will be those of the author only, and not Efficient. To the fullest extent permitted by applicable law, Efficient shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by such content.

Social Media

Content we post or share on social media platforms, such as LinkedIn, is intended solely for informational purposes only and should not be viewed as investment advice or a solicitation for any investment service or product. Efficient does not approve or endorse any third-party communications or commentary posted on any Efficient social media page, except as may otherwise be specifically provided or as required by applicable law.

Efficient may not necessarily monitor or reply to social media user comments. Do not publish your own advertisements or solicitations of any kind on any Efficient social media page or with respect to any Efficient posts. Do not attempt to submit to Efficient any personal, confidential or account information through any Efficient social media page. Efficient is not subject to any obligations of confidentiality regarding information submitted to them through any Efficient social media page or otherwise through any social media platform.

Cybersecurity

Efficient seeks to protect the privacy and security of information and its site. Efficient cannot, however, assure you that your information will never be disclosed in a manner inconsistent with these Terms and makes no representations or warranties regarding the sufficiency of our security measures.

Proprietary Rights

This site, www.efficient.com, is provided to you as a service of Efficient. All rights, title and interests in and to this site and its materials, including, but not limited to, all patent rights, copyrights, trade secrets, trademarks, site marks, and other inherent proprietary rights, are retained by Efficient or its licensors. Except as expressly authorized by Efficient, you agree not to make, copy, display, modify, rent, lease, license, loan, sell, distribute, or create derivative works of this site or its materials in whole or in part. Any modification of this site or its materials for any purpose is in violation of these Terms.

Trademark Information

The names Efficient Capital Management®, LLC, Efficient Capital®, Efficient Access®, Gemstone Financial Engineering®, Gemstone-Enhanced®, and Gemstone-Enhanced Multi-Asset®, and the Efficient logo, are registered trademarks of Efficient and may not be displayed or otherwise used in any manner without the prior written consent of the respective firm. All rights reserved.

Disclaimer of Warranties

This site and its materials are provided "as is" and "as available" and without warranties of any kind, either express or implied, including, but not limited to, implied warranties of accuracy, completeness, non-infringement, merchantability and fitness for a particular purpose, including, without limitation, whether any product described on this site is appropriate to meet your needs.

Without limitation of the foregoing, Efficient makes no warranty that (i) this site will meet your requirements; (ii) this site will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from use of this site will be accurate or reliable; (iv) the quality of any products, sites, information, or other material obtained by you through this site will meet your expectations; or (v) any errors in this site will be corrected.

Any material viewed, downloaded or otherwise obtained through the use of this site is done solely at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the viewing or download of any such material.

No information provided to you through this site shall be the basis for any warranty between you and Efficient.

Limitation of Liability

Efficient and its affiliates, and their respective principals, officers, directors, employees, consultants, and contractors (each, an Efficient Party and collectively, the Efficient Parties) shall not be liable for any damages, losses, costs, or injuries suffered as a result of or in relation to this site or its materials, your use of either of the foregoing, or your breach of these Terms or any applicable restrictions. In no event shall any Efficient Party be liable for any indirect, punitive, special, incidental, or consequential damages (including, without limitation, loss of sales, business, revenue, profit, use, data, or other economic advantage), however it arises, whether for breach of contract or in tort, even if you have been advised of the possibility of such damages.

Indemnification

You shall indemnify, defend and hold the Efficient Parties harmless from and against all claims, actions, liabilities, damages, losses, debts, costs, and expenses, including, without limitation, reasonable attorneys' fees, arising out of or relating to (i) your use or modification of this site or its materials; (ii) any information content or materials submitted or provided by you; or (iii) your breach of any of these Terms or any applicable restrictions.

General Information

You also may be subject to additional terms and conditions that may apply when you use our affiliates’ websites, third-party content, or third-party software, if any. These Terms and the relationship between you and Efficient or you shall be governed by the laws of the State of Illinois, USA and controlling United States federal law without regard to conflict of law provisions. You and Efficient agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the State of Illinois and the US federal courts located within such state. The failure of Efficient to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of these Terms shall remain in full force and effect. The section titles included in this statement are for convenience only and have no legal or contractual effect.

Changes to Terms

Efficient reserves the right, in its sole discretion at any time and without notice, to change, modify, add to or delete portions of these Terms or any other term, condition or disclosure on this site. You are bound by any such revisions and should periodically visit this page to review the most recent terms. Your continuing use of this site following the posting of any such changes, modifications, additions or deletions shall constitute your acceptance of and assent to the same. If you decide to purchase futures, securities or other products or services that are referred to on this site, the terms and conditions specified in the agreement with Efficient will apply.

We expressly reserve the right to monitor all use of this site. We have the right to disable any user account in our sole discretion for any or for no reason, including if, in our opinion, such user has violated any provision of these Terms.

Questions

If you have any questions about these Terms, please contact Efficient at email: compliance@efficient.com or phone: +1 630 657 6800.