1. Acceptance of these terms

These Terms of Use (“Terms”) govern your access to and use of the website at moretoncp.com (the “Site”), which is operated by Moreton Capital Partners LLC, a company incorporated in Delaware, USA (“Moreton Capital Partners”, “MCP”, “we”, “us” or “our”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please do not use the Site.

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2. Important notice — no offer, no advice

Nothing on this Site is an offer or a solicitation, or investment advice.

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The information on the Site is provided for general informational purposes only. It does not constitute, and should not be relied on as, investment, financial, legal, tax or other advice, and it is not a recommendation to buy, sell or hold any investment.

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Nothing on the Site constitutes an offer to sell, or a solicitation of an offer to buy, any security, fund interest or other investment product, in any jurisdiction in which such an offer or solicitation would be unlawful. Any such offer is made only to eligible investors, and only by means of the relevant confidential offering and subscription documents, which prevail over any information on the Site.

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Interests in funds or accounts managed by MCP are available only to persons who qualify as professional, accredited, qualified or otherwise eligible investors under applicable law, and may be restricted in certain jurisdictions. Interests in MCP’s funds have not been, and will not be, registered under the securities laws of any jurisdiction and may not be offered or sold except pursuant to an applicable exemption.

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3. Targets, performance and forward-looking statements

Any target returns, target volatility, target Sharpe, Sortino or Calmar ratios, and similar figures shown on the Site are objectives or illustrations only. They are not guarantees of future performance, are based on assumptions that may not prove correct, and actual results may differ materially. Past performance is not a reliable indicator of future results. Investing involves risk, including the possible loss of the amount invested.

Statements on the Site that are not historical facts may be forward-looking statements that involve known and unknown risks and uncertainties. We undertake no obligation to update any forward-looking statement or other information on the Site.

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4. Eligibility and access from your jurisdiction

The Site is not directed to, or intended for use by, any person in any jurisdiction where the publication or availability of the Site, or access to the information on it, is prohibited or restricted. You are responsible for ensuring that your access to and use of the Site complies with the laws applicable to you.

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5. Intellectual property

All content on the Site — including text, graphics, logos, trade marks, design and the “MCP” and “Moreton Capital Partners” branding — is owned by or licensed to MCP and is protected by intellectual property laws. You may view and use the Site for your own personal, non-commercial, informational purposes only. You may not copy, reproduce, republish, distribute, scrape, data-mine or create derivative works from any part of the Site without our prior written consent.

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6. Acceptable use

You agree to use the Site lawfully and not to:

•       use the Site in a way that breaches any applicable law or regulation;

•       attempt to gain unauthorised access to the Site, its servers, or any connected systems;

•       introduce malicious code, or interfere with the proper working of the Site;

•       use automated means to access, scrape or extract content from the Site; or

•       misrepresent your identity or affiliation in any communication with us.

7. Third-party links and services

• The Site links to or relies on third-party services — including the HubSpot-hosted enquiry form and the Workable-hosted careers pages — and may link to other third-party websites. We do not control and are not responsible for the content, products, or privacy and security practices of those third parties. Your use of them is governed by their own terms and policies. When using twilio/SwineDesk integrations the following information is collected by these third parties:
• Name
• Company Name
• User role, such as seller, buyer, broker, freight operator, or vet
• Mobile phone number
• Email address
• SMS message content
• SMS consent/opt-in status and opt-out status
• Message timestamps and conversation history
• Livestock order/request details: pig type, head count, health status, weight range, load count, ship/delivery dates, price targets, vaccines, regrade preference, notes
• Load details: load ID, pickup/delivery timing, source/destination site references, load status
• Freight details: driver name, driver phone, truck number, assignment confirmations
• Health certificate details: cert status, load ID, document instructions, confirmation that a cert was sent/received
• Grading details after delivery: head count received, underweight, unthrifty, ruptures, navel infections, DOA, deaths within 12 hours, other issue counts/notes
• Delivery or shipment issue reports
• Site/farm information when provided: site name, location, address, state, ZIP, USDA Premises ID/PID, site contact name, site contact phone
• Broker notes, reminders, and follow-up records
• Technical/service data needed to operate SMS, such as sender/recipient phone number, delivery status, and Twilio message records

8. Privacy

Our handling of personal information collected through the Site is described in our Privacy Policy, which forms part of these Terms by reference.

9. Disclaimer of warranties

The Site is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we make no warranties or representations of any kind, express or implied, about the Site or its content, including as to accuracy, completeness, reliability, availability, or fitness for a particular purpose. We do not warrant that the Site will be uninterrupted, secure or error-free.

10. Limitation of liability

To the fullest extent permitted by law, MCP and its affiliates, officers, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, data, business or goodwill, arising out of or in connection with your access to or use of (or inability to use) the Site, whether based in contract, tort or otherwise, even if we have been advised of the possibility of such damages. Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited.

11. Indemnity

You agree to indemnify and hold harmless MCP and its affiliates from any claims, losses, liabilities and expenses (including reasonable legal fees) arising out of your breach of these Terms or your misuse of the Site.

12. Changes to the Site and these Terms

We may modify, suspend or discontinue the Site, and may update these Terms, at any time. The current version is always posted on the Site with its effective date. Your continued use of the Site after changes take effect constitutes acceptance of the updated Terms.

13. Governing law and jurisdiction

These Terms, and any dispute arising out of or in connection with them or the Site, are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. You agree to the exclusive jurisdiction of the courts located in Delaware, USA, in respect of any such dispute.

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14. Contact

Questions about these Terms can be sent to contact@moretoncp.com, or by post to Moreton Capital Partners LLC, 1209 Orange Street, Wilmington, DE 19801.