Terms and Conditions

Effective Date:

01/01/2024

Modern Capital, LLC - Terms and Conditions

Welcome to Modern Capital, LLC. The following Terms and Conditions ("Terms") govern your access to and use of our website and services, including the mutual fund investments offered by Modern Capital, LLC ("the Fund"). By accessing or using our services, you agree to comply with these Terms. If you do not agree, please refrain from using our services.

  1. General Information

Modern Capital, LLC is an investment fund registered under the Investment Company Act of 1940 and regulated by the U.S. Securities and Exchange Commission (SEC). The Fund is offered only to qualified investors who meet certain eligibility criteria.

These Terms and Conditions apply to all users of the Modern Capital, LLC website and any associated services or communications.

  1. Investment Disclaimer

  • No Guarantee of Returns: Investing in mutual funds involves risks, including the possible loss of principal. Past performance is not indicative of future results. Modern Capital, LLC does not guarantee any specific return or outcome from an investment in the Fund.

  • Risk Disclosure: Before investing, carefully read the Fund's prospectus and other offering documents. Consider the investment objectives, risks, charges, and expenses of the Fund. A copy of the prospectus can be requested through our website or by contacting our customer support.

3. Eligibility and Suitability

  • Eligible Investors:** Investments in Modern Capital, LLC are limited to investors who meet certain eligibility criteria, such as minimum investment thresholds and accreditation status, as defined by SEC regulations.

  • Investor Suitability:** Investors should consider their financial situation, investment objectives, and risk tolerance before investing. Modern Capital, LLC does not provide personalized financial advice, and it is recommended that investors consult with their financial advisors.

4. Account Access and Security

  • Account Registration: Investors may be required to create an account to access investment information, manage their portfolios, or perform transactions through our online portal. It is the responsibility of the account holder to maintain the confidentiality of their login information.

  • Security Measures: Modern Capital, LLC implements industry-standard security measures to protect your personal information. However, we cannot guarantee absolute security against unauthorized access or breaches. By using our services, you acknowledge that you are aware of these risks.

5. Fees and Charges

  • Management Fees: Modern Capital, LLC charges management fees as outlined in the Fund's prospectus. These fees may include annual management fees, performance fees, and other charges. Details regarding fees are provided in the prospectus.

  • Transaction Fees: Certain transactions, such as redemptions or exchanges, may be subject to additional fees. Any such fees will be disclosed at the time of the transaction.

6. Confidentiality and Privacy Policy

  • Privacy: Modern Capital, LLC is committed to protecting your privacy. Our Privacy Policy, available on our website, outlines how we collect, use, and protect your personal information.

  • Confidential Information: Investors agree to keep confidential any information regarding Modern Capital, LLC's strategies, investments, and performance data that is not publicly available

7. Limitations of Liability

  • No Warranties: Modern Capital, LLC makes no representations or warranties regarding the accuracy or completeness of any information provided on our website or in our communications.

  • Liability Limitation: Modern Capital, LLC shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from your use of our services or investment in the Fund. This limitation of liability applies to the fullest extent permitted by law.

8. Dispute Resolution

  • Arbitration: Any disputes arising out of or related to these Terms or your investment in the Fund shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in [City, State], and the decision of the arbitrator shall be final.

  • Governing Law: These Terms are governed by the laws of the State of [State], without regard to its conflict of law principles.

9. Termination and Amendment

  • Termination: Modern Capital, LLC reserves the right to terminate or suspend access to the Fund or website at its sole discretion, without notice, if you violate any provision of these Terms.

  • Amendments: Modern Capital, LLC may update these Terms from time to time. Investors will be notified of any material changes. Continued use of the website or services after changes have been made constitutes acceptance of the new Terms.


Acknowledgment

By accessing the website or investing in Modern Capital, LLC, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.