Terms of Use

LAST UPDATED: Janurary 01, 2025

By accessing and/or using this website and any materials presented herein (the “Site”), you accept in their entirety the following terms and conditions of use of the Site (the “Terms of Use”). Crescent Bay Capital LLC and its affiliates (collectively “Crescent Bay Capital”) reserve the right to change the terms, conditions, and notices under which this Site is offered without notice at any time. Each access or use of the Site constitutes your agreement to be bound by the then-current terms and conditions set forth in these Terms of Use.

1. Limited License to Use the Site

Except as specifically permitted below, nothing contained in these Terms of Use or the Site either grants or will be construed to grant to you or any third party any title or interest in, or any license or right to use or reproduce, any image, text, software, code, trademark, logo, or service mark contained in the Site, including without limitation the name or logo of Crescent Bay Capital LLC or any of its affiliates. Crescent Bay Capital reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to copyright and trademark ownership of all material on the Site.

Crescent Bay Capital grants you a limited, nonexclusive license to display and otherwise access and/or use the Site solely for your own private, non-commercial informational purposes and to print pages from the Site only in connection with that access and/or use. You may not modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer, sell, post, or frame this Site, including any text, graphics, video, audio, logos, and other source-identifying symbols, designs, icons, images, or other information, software, code, or user interface design contained on or in the Site without Crescent Bay Capital’s express written permission.

You are prohibited from using the Site for any unlawful purpose or in violation of securities or commodities laws or financial regulations.

2. Risk Disclosure

Investing in managed futures, commodities, or derivatives involves substantial risk and is not suitable for all investors. Past performance is not necessarily indicative of future results. There is no guarantee that any investment strategy will achieve its objectives or that investors will avoid substantial losses. You could lose more than your initial investment.

3. No Offer of Securities

The information provided on this Site is for informational purposes only and does not constitute an offer to sell, or a solicitation of an offer to buy, any securities or investment products. Offers will only be made through official offering documents provided by Crescent Bay Capital and only to individuals who meet the necessary regulatory qualifications.

Access to certain areas of this Site, and the information therein, is restricted to Qualified Eligible Persons (QEPs) as defined under CFTC Rule 4.7 and/or Accredited Investors under Regulation D of the Securities Act of 1933. By accessing this Site, you represent and warrant that you meet these qualifications.

4. Forward-Looking Statements

The Site may contain forward-looking statements regarding Crescent Bay Capital’s strategies, operations, financial performance, or other matters. These statements are based on current expectations, estimates, and projections and are not guarantees of future performance. Actual results may differ materially due to various factors, including market conditions, regulatory changes, and unforeseen risks. Crescent Bay Capital is under no obligation to update such statements to reflect subsequent developments.

5. Hypothetical Performance Disclaimer

Hypothetical or simulated performance results have inherent limitations. Unlike actual performance records, simulated results do not represent actual trading and may under- or over-compensate for the impact of certain market factors, such as lack of liquidity. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown.

6. Regulatory Oversight

Crescent Bay Capital is registered with the Commodity Futures Trading Commission (CFTC) as a Commodity Trading Advisor (CTA) and is a member of the National Futures Association (NFA). Users can verify Crescent Bay Capital’s registration and disciplinary history with the NFA through the NFA BASIC system at https://www.nfa.futures.org/basicnet/.

7. Links to Third-Party Websites

Crescent Bay Capital has not necessarily reviewed any of the websites that may be linked to the Site and is not responsible for their content or privacy practices. Your linking to or use of any off-site pages or other websites is at your own risk. Crescent Bay Capital’s inclusion of links to other websites does not imply any endorsement of the material located on or linked to by such websites.

8. Geographic Restrictions

The materials on this Site are intended solely for U.S. residents. Crescent Bay Capital does not warrant that the Site or its content is appropriate or available for use outside the United States. Access to the Site may be restricted in certain jurisdictions, and it is the responsibility of users to ensure compliance with local laws.

9. Prohibited Use of the Site

You are prohibited from:

  • Misrepresenting your identity, financial status, or investor accreditation qualifications;

  • Attempting to manipulate, misuse, or improperly access trading or account data;

  • Sharing or distributing confidential information obtained through the Site in violation of confidentiality agreements or legal restrictions;

  • Engaging in activities that violate U.S. securities, commodities, or anti-money laundering laws.

10. Cybersecurity

Crescent Bay Capital employs commercially reasonable measures to protect user information. However, we cannot guarantee the security of data transmitted via the internet, and users assume the risks associated with online communications.

11. Dispute Resolution

Any disputes related to Crescent Bay Capital’s services or compliance with CFTC or NFA regulations will be resolved in accordance with NFA arbitration procedures. Additional remedies may be available under federal law. If NFA arbitration is inapplicable, disputes shall be resolved exclusively in the courts of Miami-Dade County, Florida.

12. Amendments

Crescent Bay Capital reserves the right to update or modify these Terms of Use at any time without prior notice. Users are encouraged to review these Terms periodically to stay informed of updates. Continued use of the Site after updates constitutes acceptance of the revised Terms.

13. Contact Us

If you have any questions regarding these Terms of Use, our Privacy Policy, or our privacy practices, please contact us at info@crescentbaycapital.com.