By accessing or using this Sound Harbor Partners (“SHP”) web site (the “Site”), you hereby accept and agree to comply with the terms and conditions set forth in this User Agreement. This User Agreement is a legally binding agreement between you and SHP, and governs your access and use of the Site, which includes any information, data, tools, products, services and other content (together, “Content”) available on or through the Site. You may contact SHP by e-mail (firstname.lastname@example.org) with questions about the terms and conditions of this User Agreement.
BY ENTERING THIS SITE, YOU ARE AGREEING THAT YOU HAVE READ, UNDERSTAND AND ACCEPT THE TERMS AND CONDITIONS OF, WILL ABIDE BY, AND ARE LEGALLY BOUND BY THIS USER AGREEMENT AS IT MAY BE MODIFIED FROM TIME TO TIME.
1. SHP grants you a limited right to use the Site.
Your right to use the Site is subject to your agreement to abide by this User Agreement in its entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site. At any time and for any reason we may revoke your right to use all or any portion of the Site. You may not violate or attempt to violate the security of the Site. You will not add to, delete or otherwise alter any Content on the Site.
2. The Site is owned by SHP, its affiliates and/or third parties.
The Site is protected by one or more copyrights, patents, database rights, trademarks, servicemarks and/or other intellectual property and proprietary rights that are owned by SHP, its affiliates and/or third parties. You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site. You may not publish, broadcast, retransmit, reproduce, repackage, frame, commercially exploit, create any derivative of or otherwise redistribute all or any portion of the Site except as explicitly permitted in this User Agreement. You may print copies of any accessible portion of the Site only for your own personal use. You may discuss information that you learn from the Site with your financial, legal or tax advisors, and others with whom you share investment decisions. You may not remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site.
3. You make certain representations and warranties regarding your use of the Site.
You represent and warrant that: you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to this User Agreement; and you have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of this User Agreement. All information provided by you in connection with registration for and use of this Site is true and correct.
4. All Content is for informational purposes only.
Nothing on the Site is an offer or solicitation to buy or sell any security. Although the Site may include investment-related information, nothing on the Site is, nor should it be construed as, a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy. We do not give any advice or make any representations through the Site as to whether any security or investment is suitable to you or will be profitable. Nothing on the Site is intended to be, and you should not consider anything on the Site to be, investment, accounting, tax or legal advice. If you would like investment, accounting, tax or legal advice, you should consult with your own financial advisors, accountants or attorneys regarding your individual circumstances and needs. The past performance of any investment, investment strategy or investment style is not indicative of future performance.
5. There are various risks you assume in relying on the Content.
Dated Content speaks only as of the date indicated. We make reasonable efforts to provide accurate Content, but at times we may not promptly update or correct the Content even if we are aware that it is inaccurate, outdated or otherwise inappropriate. We may change all or any portion of the Site at any time without notice to you. You agree that we are not liable for any action you take or decision you make in reliance on any Content. You should carefully review and base your investment decisions and assessment of risk involved in any investment on the offering materials relating to such investment and not on any of the Content on the Site.
6. You must keep all Content and your password confidential.
Only persons deemed qualified will be permitted access to the password-protected pages of the Site. The Content contained herein is intended only for the person or entity with authorized access to the Site and may contain confidential and/or privileged material. Any retransmission, dissemination or other unauthorized use of this Content by any person or entity is strictly prohibited. Upon request the Content must be returned to SHP promptly, or you must certify that the Content has been destroyed. You may not disclose any Content to any third party, except to your financial, legal or tax advisors, and others with whom you share SHP-related investment decisions. You are solely responsible for the confidentiality and security of your password. You accept full responsibility for any use of your password, whether authorized or unauthorized. You must notify SHP immediately of any actual or suspected loss, theft or unauthorized use of your password. We are not obligated to inquire as to the authority or propriety of any use of or action taken under your password. We will not be responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions.
7. SHP is not liable for any technological problems and any impact that they may have.
All or any portion of the Site may not be available and may not function properly at any time. We make reasonable efforts, such as SLA agreements, to avoid technological problems, but at any time the Site may have and may cause technological problems such as viruses and other damaging computer programming routines or engines. We take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but we disclaim liability for any interception or corruption of data or communications. We make reasonable efforts to ensure that the Site is secure but we do not guarantee the security of the Site. We are not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site. We are not liable for any defects, delays or errors in or resulting from your use of the Site.
8. SHP is not responsible for information on any third party web site that is referred in, or accessible or connected by hyperlink to, the Site. If you access any third party web site through the Site or otherwise, you do so at your own risk. Hyperlinks to or from the Site do not constitute third party endorsement of, sponsorship by or affiliation with us.
9. SHP has the right but not the obligation to monitor and record activity on the Site and respond as it deems appropriate. We may monitor and record activity on the Site for any reason or for no specific reason. We may investigate any complaint or reported violation of our policies. We may report any activity that we suspect may violate any law or regulation to regulators, law enforcement officials or other persons or entities that we deem appropriate.
We may issue warnings, suspend or terminate use of the Site, deny access to all or part of the Site or take any other action that we deem appropriate if we have any reason to suspect unlawful activity, unauthorized use, or violation of this User Agreement.
10. SHP DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE THAT THE LAW ALLOWS IT TO DISCLAIM.
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT ON THE SITE.
11. SHP’s LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, AGENTS, PARTNERS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED ARISING OUT OF THIS USER AGREEMENT, THE SITE, OR THE INABILITY TO USE THE SITE. OUR LIABILITY IS LIMITED EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES THAT YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE. UNDER ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF SHP, ITS AGENTS AND EMPLOYEES TO ANY USER OF THE SITE WITH RESPECT TO THE SITE IS $100 USD. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
12. You will be responsible for any liability to SHP that arises out of your breach of this User Agreement or your use of the Site. You agree to indemnify, defend and hold harmless SHP and its affiliates, agents, partners, employees and third party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) that arise from or relate to: your use of the Site, your breach of this User Agreement or any representation, warranty or covenant made by you in this User Agreement, your violation of any applicable law, statute, ordinance, regulation or of any third party’s rights, or claims asserted by third parties.
13. You are bound by certain other general conditions.
We may assign this Site and this User Agreement in whole or in part at any time without your consent. You may not assign this User Agreement or delegate any of your obligations under this User Agreement. Any purported assignment of this User Agreement in violation of its terms is void. If any provision of this User Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of the User Agreement shall remain in full force and effect. This User Agreement constitutes the entire understanding, and supersedes all other understandings, between you and SHP concerning the subject matter hereof.
We safeguard your non-public personal information including all information that we collect regardless of the form in which it is received (e.g., electronically).
INFORMATION WE COLLECT
Adviser Sound Harbor must collect certain personally identifiable financial information about its customers to provide financial products and services. The personally identifiable financial information that we gather during the normal course of doing business with you may include:
1. Information we receive from you on applications or other investor forms (e.g., name, address, account numbers); and
2. Information about your transactions with us or our affiliates.
INFORMATION WE DISCLOSE
We do not disclose any non-public personal information about our customers or former customers to anyone, except as permitted or required by law, or as necessary to provide services to you. We enter into contractual agreements with all nonaffiliated third parties that prohibit such third parties from disclosing or using the information other than to carry out the purposes for which we disclose the information.
CONFIDENTIALITY AND SECURITY
We maintain physical, electronic, and procedural safeguards that comply with federal standards to guard your non-public personal information. We restrict access to non-public personal information about you to authorized employees who need to know that information in order to provide financial products or services to you.
THE ABOVE DISCLOSURES AND TERMS & CONDITIONS SHOULD BE CAREFULLY READ, UNDERSTOOD AND ACCEPTED BY YOU BEFORE YOU SIGN THIS USER AGREEMENT AND PRIVACY NOTICE. BY ENTERING THIS SITE YOU ARE SIGNING THIS USER AGREEMENT AND PRIVACY NOTICE AND THEREBY LEGALLY BIND YOURSELF TO THE TERMS AND CONDITIONS CONTAINED HEREIN.
ENTERING THIS SITE IS THE EQUIVALENT OF YOU MANUALLY SIGNING AND EXECUTING THIS USER AGREEMENT AND PRIVACY NOTICE.
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