Terms of Use

TERMS OF USE

Welcome to turmontcapital.com (the “Site”). The Site is operated by Turmont Capital, LLC (“Turmont Capital”, “we”, “us”, or “our”). These terms (these “Terms”) govern your access to and use of the Site. Your use of the Site constitutes your agreement to these Terms. Please read these Terms carefully and keep a copy of them for your reference. These Terms contain an agreement to arbitrate and a class action waiver.

Table of Contents

Electronic Communications

You hereby consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, such as via email or on the Site, satisfy any legal requirement that such communications be in writing.

Intellectual Property

The Site and all content included therein, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Turmont Capital or our licensors and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained on the Site or in any content included therein and will not make any changes to any of the foregoing.

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site solely for your personal and noncommercial use, strictly in accordance with these Terms. You agree that you do not acquire any ownership rights in or to the Site or any content included therein. We do not grant you any licenses, express or implied, to the intellectual property of Turmont Capital or our licensors except as expressly set forth in these Terms.

Prohibited Uses

As a condition of your use of the Site, you warrant to Turmont Capital that you will not use the Site for any purpose that is unlawful, fraudulent or prohibited by these Terms. You may not:

• use the Site in any manner that could damage, disrupt, disable, overburden, or impair the Site or interfere with any other party’s use or enjoyment of the Site;
• interfere or attempt to interfere with the proper working of the Site or any of the Site’s security features;
• introduce or attempt to introduce any malicious or technologically harmful material, including any viruses, worms, Trojan horses or other contaminants to the Site;
• obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site;
• monitor or copy any of the content on the Site without authorization, including through any manual process or the use of any robot, spider or other automated device;
• reverse engineer, decompile, or disassemble the Site or any content found on the Site;
• modify, reproduce, distribute, publish, transmit, transfer, create derivative works of, publicly display, license, sell, offer for sale, or in any way exploit any of the content, in whole or in part, found on the Site; or
• delete or alter any proprietary rights or attribution notices in any content found on the Site.

Termination

If you violate these Terms, your permission to use the Site and the license granted above automatically terminate. Additionally, Turmont Capital reserves the right, in its sole discretion, to restrict, suspend or terminate your access to the Site or any portion thereof at any time, with or without notice.

International Users

The Site is controlled, operated and administered by Turmont Capital from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws, rules and regulations. You agree that you will not access or use the Site or any content included therein in any country or in any manner prohibited by any applicable laws, rules or regulations.

Children

The Site is intended for users who are at least 18. If you are under 18, please do not use the Site.

Links to Third Party Sites/Third Party Services

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Turmont Capital and Turmont Capital is not responsible for the contents, data processing activities or privacy practices of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Turmont Capital is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Turmont Capital of the Linked Site or any association with its operators. If you choose to visit a Linked Site, you do so entirely at your own risk and subject to the terms and privacy policies of such Linked Site. We encourage you to read the terms and privacy policies of any Linked Sites that you choose to visit.

Agreement to Arbitrate

You hereby agree to resolve any and all disputes arising out of or relating to these Terms, including your access to, use of or inability to use the Site, any Linked Site, or any content on the Site or any Linked Site, through arbitration. We reserve the right to obtain temporary restraining orders, temporary or preliminary injunctive relief and/or declaratory relief from a court of competent jurisdiction. BOTH PARTIES HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY.

Arbitration proceedings will be heard by three independent arbitrators. Arbitration will be conducted by videoconference or teleconference unless, following a request by either party, the arbitrator decides that an in-person hearing is appropriate. Any such in-person hearings shall take place in Los Angeles, California.

The arbitrator’s decision and award shall be final and binding. Judgment upon the arbitrator’s award may be entered in any court of competent jurisdiction.

Class Action Waiver

YOU HEREBY AGREE THAT YOU WILL ONLY BRING CLAIMS AGAINST US IN YOUR INDIVIDUAL CAPACITY, AND WILL NOT FILE OR PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION AGAINST US.

Governing Law; Venue

These Terms are governed by and shall be construed in accordance with the laws of the state of California. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles, California for all disputes arising out of or relating to these Terms that are not covered by the agreement to arbitrate above, and waive any and all objections to the exercise of jurisdiction over you by such courts.

Disclaimer of Warranties

THE CONTENT INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. WE RESERVE THE RIGHT TO REMOVE OR EDIT, SOME OR ALL OF THE SITE, AT OUR SOLE DISCRETION, AT ANY TIME.

THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TURMONT CAPITAL, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ABOUT THE SECURITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, COMPLETENESS OR ACCURACY OF THE SITE AND ITS CONTENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TURMONT CAPITAL, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) THESE TERMS, (B) THE USE OR PERFORMANCE OF THE SITE, (C) THE DELAY OR INABILITY TO USE THE SITE, (D) ANY LINKED SITES, OR (E) ANY CONTENT ON THE SITE OR LINKED SITES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TURMONT CAPITAL, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOU’RE SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Indemnification

You agree to indemnify, defend and hold harmless Turmont Capital, its affiliates, and their respective officers, directors, employees, and agents from and against any and all losses, damages, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site, your violation of these Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Turmont Capital reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Turmont Capital in asserting any available defenses.

Severability

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the disclaimer of warranties and limitation of liability set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

Waiver

Our failure or delay in exercising any right or remedy hereunder shall not operate as a waiver thereof.

Entire Agreement

Unless otherwise specified herein, these Terms and our Privacy Policy, which is hereby incorporated by reference, constitute the entire agreement between you and Turmont Capital with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Turmont Capital with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Changes to these Terms

We reserve the right, in our sole discretion, to change these Terms. The most current version of these Terms will supersede all previous versions. We encourage you to periodically review these Terms to stay informed of our updates. We will update the “Effective” date at the bottom of these Terms and notify you of any material changes. Any changes will be effective immediately upon the “Effective” date.

Contact Us

Turmont Capital welcomes your questions or comments regarding these Terms:

Email Address: info@turmontcapital.com

Effective as of April 23, 2025