Terms of Use
1. Acceptance of These Terms
These Terms of Use (the "Terms") govern your access to and use of this website (the "Site") operated by 6116 Capital LLC and its affiliates (collectively, "6116," "we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not access or use the Site.
2. Eligibility & Restricted Audience
The Site is intended solely for the confidential use of investors and prospective investors with whom 6116 has a pre-existing, substantive relationship. Access to investor materials is restricted to persons to whom an access code has been provided directly by the principals. You may not share, post, or otherwise disseminate the access code or the contents of the gated portion of the Site.
3. No Offer or Solicitation
The Site and its contents do not constitute an offer to sell, or a solicitation of an offer to buy, any security or any interest in any fund, partnership, or other vehicle managed or sponsored by 6116. Any such offer or solicitation will be made solely by means of a confidential private placement memorandum and related subscription documents furnished directly to qualifying investors. In the event of any conflict between information on the Site and the offering documents for any 6116 fund, the offering documents control.
4. Rule 506(b) Private Placement
Interests in the 6116 Alpha Fund LP and the 6116 Income Fund LP are offered in private placements pursuant to Section 4(a)(2) of the Securities Act of 1933 and Rule 506(b) of Regulation D thereunder. Interests are offered without general solicitation or general advertising and only to investors who qualify as "accredited investors" under Rule 501(a) of Regulation D, with whom 6116 has a pre-existing, substantive relationship. The Site is not intended as a means of general solicitation.
5. No Investment, Legal, or Tax Advice
Nothing on the Site constitutes investment, legal, accounting, or tax advice or a recommendation that any particular security or investment strategy is suitable for any specific person. You should consult your own independent legal, tax, and financial advisers before making any investment decision. Past performance is not indicative of future results.
6. Forward-Looking Statements
The Site may contain forward-looking statements regarding the strategy, operations, or anticipated activities of 6116 or its funds. Forward-looking statements are based on current expectations and assumptions and are subject to risks and uncertainties. Actual results may differ materially. 6116 undertakes no obligation to update forward-looking statements.
7. Confidentiality
Materials accessed through the gated portion of the Site (including fund strategies, terms, service-provider information, and conflicts disclosures) are confidential and provided solely to the recipient with whom 6116 has a pre-existing, substantive relationship. You agree not to disclose, reproduce, or distribute these materials to any third party without 6116's prior written consent.
8. Intellectual Property
All content on the Site, including text, graphics, logos, the 6116 and 6116 Capital LLC names, and the 6116.ai name, is the property of 6116 or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, modify, or create derivative works from Site content without our prior written consent, except for personal, non-commercial review.
9. Acceptable Use
You agree not to: (a) attempt to gain unauthorized access to the Site or any portion thereof, including by circumventing the access code gate; (b) use the Site in any manner that could damage, disable, or impair the Site or interfere with any other user's use of the Site; (c) use any automated means to access or scrape the Site; (d) use the Site to violate any applicable law or regulation; or (e) introduce malware, viruses, or other malicious code.
10. Third-Party Links and Affiliates
The Site may reference or link to third-party websites or services, including affiliated entities such as 6116.ai, Inc. 6116 does not control and is not responsible for the content, policies, or practices of third-party websites. References to affiliates are informational and do not modify the regulatory relationship between you and any 6116 fund, which is governed solely by the applicable offering documents.
11. Disclaimers
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, 6116 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 6116 DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL 6116, ITS AFFILIATES, OR ITS OR THEIR DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Indemnification
You agree to indemnify, defend, and hold harmless 6116 and its affiliates, and their respective directors, officers, partners, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your breach of these Terms or your misuse of the Site.
14. Governing Law & Venue
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or your use of the Site will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware.
15. Changes to These Terms
We may update these Terms from time to time. The "Effective" date above indicates when this version became effective. Continued use of the Site after changes become effective constitutes acceptance of the revised Terms.
16. Termination
We may suspend or terminate your access to the Site at any time, with or without notice, including for any violation of these Terms. Provisions intended by their nature to survive termination (including Sections 7, 8, 11, 12, 13, and 14) will so survive.
17. Miscellaneous
These Terms, together with the Privacy Policy and any offering documents for 6116 funds furnished to you separately, constitute the entire agreement between you and 6116 regarding the Site. If any provision is held unenforceable, the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver of our right to enforce it later.
18. Contact
Questions about these Terms may be directed to 6116 Capital LLC through the secure investor contact form, or by mail at 52 West Main Street, Suite 22, Somerville, New Jersey 08876.