Terms of Use

User Agreement

Welcome to the Makena Capital Management, LLC (“Makena Capital”) website. By accessing this website, you agree to comply with this binding User Agreement between you and Makena Capital, which governs your access and use of the website. If you do not accept these terms and conditions, do not use this website. Your use of this website indicates your full acceptance of this User Agreement in its then-current form each time you use the website. Makena Capital reserves the right to change the terms and conditions at any time, without notice.

The information that we provide is for your information only. Some information provided may not be current, or may have changed since the last time you viewed or downloaded it. All information is subject to change without notice. We do not in any way represent or warrant the accuracy or reliability of any of the information provided, and all information is provided subject to the disclaimers and limitations of liability set forth below.

Please read the entire USER AGREEMENT carefully before you use the website. If you do not agree to all the USER AGREEMENT, you may not use our website. By using the website, you are deemed to have accepted the terms of use of this USER AGREEMENT.

No General Solicitation or General Advertising of Security Interests

The material contained in this website is intended only for financially sophisticated investors and is for their private use. The material contained in this website does not constitute any offer or sale or any form of general solicitation or general advertising of interests in Makena Capital private pooled investment funds. Such private pooled investment funds rely on private placement exemptions to registration under the Securities Act of 1933 (or the securities laws of any states) and have not been registered as investment companies under the Investment Company Act of 1940. Makena Capital is registered with the United States Securities and Exchange Commission (“SEC”) as an investment adviser under the Investment Advisers Act of 1940. Registration with the SEC does not imply a certain level of skill or training.

Informational Purposes Only

Nothing on this website is an offer or solicitation to buy or sell any security, and Makena Capital is not soliciting any action based on the website. Nothing on this website is a recommendation that you purchase, sell or hold any security, or that you pursue any investment style or strategy. Nothing on this website is intended to be, and you should not consider anything on the website to be, investment, accounting, tax or legal advice. The past performance of any investment, investment strategy or investment style is not indicative of future performance.

Ownership and Proprietary Rights to Content

This website is owned and operated by Makena Capital. Any claims or concerns regarding this website should be addressed to: Makena Capital Management, LLC, 2755 Sand Hill Road, Menlo Park, CA 94025; phone (650) 926-0510; or email info@makenacap.com.

You acknowledge and agree that this site contains information, data, software, photographs, graphics, text, images, logos, icons, typefaces, audio and video material, and/or other material protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. The content of this website is our property or that of our suppliers or licensors and is protected by U.S. and international copyright laws. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer, license, sell, create derivative works from, or in any way exploit any of the content, in whole or in part. You may not upload, post, reproduce, perform, or distribute in any way any content without obtaining permission of the owner of the copyright, trademark or other proprietary right.

Trademarks

Makena Capital Management, Makena Capital and its logo are trademarks of Makena Capital Management. They may not be used or displayed without our prior written consent. All other trademarks, product names and company names and logos appearing on the website are the property of their respective owners, and may be used only with the permission of the particular owner.

Password Protect Areas of Website

Access to certain areas of the website is reserved for investors in Makena Capital private pooled vehicles who have been provided a password. If you have been provided a password, use of that portion of the website is governed by the confidentiality provisions in the particular fund or funds’ offering documents in which you are an investor.

Online Privacy

Makena Capital does not collect any personally identifiable information about visitors to the publicly available areas of its website including names, addresses, phone numbers or social security numbers. If you submit an inquiry to info@makenacap.com, we may collect your email address for purposes of responding only. In the event that you provide Makena Capital with any non-public personal information through the password protected portion of our website, our privacy policy shall apply. We do not disseminate the non-public personal information of our investors to any third parties unless in the furtherance of servicing their accounts or as required by law or regulation as described in our privacy policy which is available upon request.

Disclaimers

You expressly understand and agree that:

(a) Your use of the site is at your sole risk. The site is provided on an “as is” and “as available” basis. To the fullest extent permissible pursuant to applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

(b) We do not warrant or represent that (i) the site will meet your requirements, (ii) the site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the site will be accurate or reliable, (iv) the quality of any services, or information, or other material obtained by you through the site will meet your expectations, (v) the server that makes the site available is free of viruses or other harmful components; or (vi) any errors in the software will be corrected.

(c) Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and that you will be solely responsible for any loss or damage incurred, including, without limitation, damage to your computer system or loss of data that results from the download of any such material. You (and not us or any of our affiliated entities or any of our or their respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to restore your system.

(d) No advice or information, whether oral or written, obtained by you from us or through or from the site shall create any warranty not expressly stated in this USER AGREEMENT.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability

We shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use of or the inability to use the site resulting from unauthorized access this site, including but not limited to, damages for loss of profits, use, data or other intangible, even if we have been advised of the possibility of such damages.

Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

If you are dissatisfied with any portion of the service, or with any of portion of this USER AGREEMENT, your sole and exclusive remedy is to discontinue using this site.

Applicable Law

This USER AGREEMENT will be governed by and construed in accordance with the laws of the State of California, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these Terms and Conditions of Use will be filed only in the state or federal courts located in Northern District of California, and you hereby consent and submit to the personal jurisdiction and venue of such courts for the purposes of litigating any such action.

International Use

We make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

Modification of User Agreement

Makena Capital may modify this USER AGREEMENT in its sole discretion at any time. Notice of all changes to this USER AGREEMENT will be posted on this site. If you do not agree with the changes in the USER AGREEMENT, your sole remedy is to discontinue the use of the website. By using this website after we post any changes to the USER AGREEMENT, you thereby agree to accept those changes.

Termination

We may terminate your access, or suspend any user’s access to all or part of this website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider, or us.