Terms of Use
Effective date: [TBD at publication] Last updated: [TBD at publication]
Draft note for GreenMax legal review. This is a baseline Terms of Use drafted for the new greenmaxcap.com website. All bracketed items require confirmation or are decisions for GreenMax leadership and counsel. The investment, securities, and forward-looking statements disclaimers in sections 6–8 are particularly important given GreenMax's role in climate finance and fund management and should be closely reviewed. This document is not legal advice and should be reviewed by qualified counsel before publication.
1. Introduction
These Terms of Use ("Terms") govern your access to and use of the website located at greenmaxcap.com (the "Site"), which is operated by [GreenMax Capital Group legal entity name] ("GreenMax," "we," "us," or "our").
By accessing or using the Site, you agree to these Terms. If you do not agree, please do not use the Site.
2. Who we are
GreenMax is a climate finance organization focused on structuring and managing capital in emerging markets. The Site provides information about GreenMax, the platforms and programs we operate, our advisory services, and our published insights.
The Site is provided for general informational purposes. It is directed primarily to institutional and professional audiences, including donors, development finance institutions, governments, investors, and market partners.
3. Permitted use
You may access and use the Site for lawful purposes, including to learn about GreenMax's work, read published insights, and contact us through the channels we provide.
You agree not to:
- Use the Site in any way that violates applicable law or regulation
- Attempt to gain unauthorized access to any part of the Site, its servers, or any connected systems or networks
- Use any automated system, including robots, spiders, or scrapers, to access the Site in a way that sends more requests than a human could reasonably generate
- Interfere with or disrupt the Site's operation, including by introducing malware or attempting to overload infrastructure
- Reproduce, distribute, modify, or create derivative works from Site content except as expressly permitted in these Terms or by applicable law
- Use Site content to train machine learning or artificial intelligence models without our prior written permission
- Use GreenMax's names, logos, or branding without our prior written permission
4. Intellectual property
All content on the Site, including text, graphics, photographs, videos, logos, icons, and the selection and arrangement of content, is the property of GreenMax or its licensors and is protected by copyright, trademark, and other intellectual property laws.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and view Site content for your personal, non-commercial informational use. You may share links to public pages on the Site and quote limited excerpts with attribution, consistent with fair use or similar doctrines under applicable law.
All rights not expressly granted are reserved.
Publications, reports, and other downloadable materials made available on the Site may be distributed for non-commercial informational use with full attribution, unless the individual publication specifies different terms. Where an individual publication specifies different terms, those terms govern.
5. Third-party content and links
The Site contains links to third-party websites, resources, and content, including (without limitation) publications hosted by other organizations, videos hosted on third-party platforms, and external partner sites.
These links are provided for your convenience. GreenMax does not control, endorse, or assume responsibility for the content, privacy practices, or operation of any third-party website or service. You access third-party content at your own risk and subject to the terms and policies of the relevant third parties.
6. No investment advice
The Site does not constitute investment advice, financial advice, tax advice, legal advice, or any other form of professional advice.
Information about platforms, funds, facilities, programs, and capital structures published on the Site is provided for general informational purposes only. It is not a recommendation to make or refrain from making any investment, to purchase or sell any security or instrument, or to engage in any particular transaction.
You should not rely on Site content as the basis for any investment, financial, legal, or other decision. Before making any such decision, you should consult qualified professional advisors and, where applicable, review definitive offering documents, agreements, and disclosures.
7. No offer of securities
Nothing on the Site constitutes an offer to sell, or a solicitation of an offer to buy, any security, fund interest, or other financial instrument.
Any offering of securities or fund interests managed or advised by GreenMax or its affiliates is made only to eligible investors, in eligible jurisdictions, through definitive offering documents that contain material information and risk disclosures not included on the Site. The Site is not such an offering document.
Access to the Site from a particular jurisdiction does not imply that any product, program, or investment referenced on the Site is available, authorized, or appropriate in that jurisdiction. It is your responsibility to determine whether you may lawfully access the Site or engage with GreenMax under the laws of the jurisdiction from which you are accessing.
8. Forward-looking statements and projected impact
Certain information on the Site describes projected, targeted, or anticipated outcomes, including projected impact figures associated with platforms and programs. Where we present projected or targeted figures, we label them accordingly and distinguish them from demonstrated, independently verifiable results.
Projected figures reflect current assumptions and expectations, are not guarantees of future performance or outcomes, and are subject to significant risks and uncertainties, many of which are outside GreenMax's control. Actual results may differ materially from projections.
Past performance of any platform, program, or strategy is not indicative of future results.
9. No warranties
The Site and all content on it are provided "as is" and "as available," without warranties of any kind, whether express or implied. To the maximum extent permitted by applicable law, GreenMax disclaims all warranties, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, and availability.
We make reasonable efforts to ensure that Site content is accurate and up to date, but we do not warrant that content is error-free, complete, current, or suitable for any particular purpose. We may change or update content at any time without notice.
We do not warrant that the Site will be uninterrupted, secure, or free from errors, viruses, or other harmful components. Your use of the Site is at your own risk.
10. Limitation of liability
To the maximum extent permitted by applicable law, GreenMax and its affiliates, officers, directors, employees, agents, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, data, use, goodwill, or other intangible losses, arising out of or in connection with your access to or use of the Site, whether based in contract, tort, statute, or any other legal theory, and whether or not we have been advised of the possibility of such damages.
In jurisdictions that do not allow the exclusion or limitation of certain damages, our liability will be limited to the maximum extent permitted by law.
Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for fraud or for death or personal injury caused by negligence.
11. Indemnification
You agree to indemnify, defend, and hold harmless GreenMax and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:
- Your use of the Site in violation of these Terms
- Your violation of any applicable law or the rights of any third party
- Any content you submit or transmit in connection with the Site
12. Privacy
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy explains how we collect, use, and protect personal data.
13. Changes to these Terms
We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page. Material changes will be announced on the Site. Your continued use of the Site after changes take effect constitutes acceptance of the revised Terms.
14. Termination
We may suspend or terminate your access to the Site at any time, without notice, for any reason, including if we believe you have violated these Terms. The provisions of these Terms that by their nature should survive termination will survive, including Sections 4, 6, 7, 8, 9, 10, 11, 15, and 16.
15. Governing law and dispute resolution
These Terms are governed by the laws of [governing law jurisdiction — to be specified by GreenMax counsel], without regard to its conflict of laws principles.
Any dispute arising out of or relating to these Terms or the Site will be resolved in [dispute resolution forum — to be specified by GreenMax counsel: court jurisdiction, or arbitration forum and rules].
[Note for legal: GreenMax's institutional audience and international footprint may warrant consideration of arbitration (e.g., ICC, LCIA, SIAC) rather than court jurisdiction. This is a decision for counsel.]
16. Miscellaneous
Entire agreement. These Terms, together with the Privacy Policy and any other legal notices published by us on the Site, constitute the entire agreement between you and GreenMax with respect to the Site.
Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
No waiver. Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms at our discretion.
No agency. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and GreenMax.
17. Contact
Questions about these Terms should be directed to:
[GreenMax Capital Group legal entity name] [Registered office address] [Legal / general contact email]