Agreement to Terms
By accessing or using the website of 9D Capital LLC ("9D Capital," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our website or services.
These Terms constitute a legally binding agreement between you and 9D Capital. We may update these Terms at any time, and your continued use of our website constitutes acceptance of the updated Terms.
Investment Advisory Services
Registration and Fiduciary Duty
9D Capital is a Registered Investment Adviser (RIA) with the Securities and Exchange Commission (SEC), CRD #308524. As an RIA, we have a fiduciary duty to act in the best interests of our clients.
Advisory Relationship
Our advisory services are provided pursuant to a written Investment Advisory Agreement. This website does not establish an advisory relationship. An advisory relationship is only established upon execution of our advisory agreement and completion of our client onboarding process.
Important: Nothing on this website constitutes investment advice, a recommendation to buy or sell securities, or an offer to provide investment advisory services to any person in any jurisdiction where such offer would be unlawful.
Investment Disclaimers
No Guarantee of Results
Past performance is not indicative of future results. All investments involve risk, including the potential loss of principal. There is no guarantee that any investment strategy will achieve its objectives or that you will not lose money.
Market Risks
Investment returns and principal value will fluctuate with market conditions, and you may have a gain or loss when you sell your investments. Different types of investments involve varying degrees of risk, and there can be no assurance that any specific investment or strategy will be profitable.
Forward-Looking Statements
Any forward-looking statements or forecasts on this website are based on assumptions and current expectations, which are subject to risks and uncertainties. Actual results may differ materially from those expressed in forward-looking statements.
Eligibility and Client Qualifications
Minimum Investment
9D Capital maintains a minimum account size of $5,000,000 USD. We reserve the right to waive or modify this minimum at our sole discretion.
Accredited Investor Status
Certain investment opportunities we may present, including private placements and alternative investments, are limited to accredited investors as defined by SEC regulations. You may be required to provide documentation verifying your accredited investor status.
Geographic Limitations
Our services are generally available only to U.S. residents. If you are located outside the United States, you must contact us before engaging our services to determine if we can legally provide services in your jurisdiction.
Website Use and Restrictions
Permitted Use
You may access and use this website for lawful purposes only. You agree not to:
- Use the website in any way that violates any applicable law or regulation
- Attempt to gain unauthorized access to our systems or networks
- Transmit any viruses, malware, or other malicious code
- Engage in any automated data collection or scraping
- Impersonate any person or entity
- Interfere with or disrupt the website's operation
Content Accuracy
While we strive to provide accurate and current information, we make no representations or warranties regarding the accuracy, completeness, or timeliness of any content on this website. Information is provided "as is" without warranty of any kind.
Intellectual Property Rights
Ownership
All content on this website, including text, graphics, logos, images, and software, is the property of 9D Capital or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws.
Limited License
We grant you a limited, non-exclusive, non-transferable license to access and use this website for personal, non-commercial purposes. You may not copy, modify, distribute, sell, or exploit any content without our express written permission.
Trademarks
"9D Capital" and our logo are trademarks of 9D Capital LLC. You may not use our trademarks without our prior written consent.
Third-Party Links and Services
This website may contain links to third-party websites or services that are not owned or controlled by 9D Capital. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.
We do not warrant the offerings of any third parties or their websites. You acknowledge and agree that we shall not be responsible for any damage or loss caused by your use of any third-party content, goods, or services.
Limitation of Liability
To the maximum extent permitted by law: 9D Capital, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
- Your use or inability to use the website
- Any unauthorized access to or use of our systems
- Any interruption or cessation of transmission to or from the website
- Any bugs, viruses, or similar items that may be transmitted through the website
- Any errors or omissions in any content
This limitation of liability applies regardless of the legal theory on which your claim is based, whether in contract, tort, negligence, strict liability, or otherwise.
Indemnification
You agree to indemnify, defend, and hold harmless 9D Capital, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:
- Your use of the website
- Your violation of these Terms
- Your violation of any rights of another party
- Any misrepresentation made by you
Dispute Resolution and Arbitration
Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the website shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
Arbitration Procedures
- Arbitration shall take place in New York, New York
- The arbitration shall be conducted by a single arbitrator
- The arbitrator's decision shall be final and binding
- Judgment on the award may be entered in any court of competent jurisdiction
Class Action Waiver
You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action. You expressly waive your right to file a class action or seek relief on a class basis.
Exceptions
Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any legal action arising out of these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in New York County, New York.
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions shall remain in full force and effect.
Entire Agreement
These Terms, together with our Privacy Policy and any Investment Advisory Agreement you may enter into, constitute the entire agreement between you and 9D Capital regarding your use of the website and supersede all prior agreements and understandings.
Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page with a new "Last Updated" date. Your continued use of the website after changes are posted constitutes acceptance of the modified Terms.
Contact Information
If you have questions about these Terms, you may contact us at:
Legal Department
9D Capital LLC
244 Fifth Avenue, Suite 1211
New York, NY 10001
Email: contact@9d.capital
Phone: (212) 729-3498