Terms of Use and Privacy Policy

This Terms of Use and Privacy Policy statement sets forth the terms of use governing this website (this “Website”) and the privacy practices for Landau, Nasella & Klatsky LLC and its affiliates (collectively, “LNK Partners”). This Terms of Use and Privacy Policy statement sets out your obligations and ours with respect to your use of the Website. Please read the following Terms of Use and Privacy Policy statement carefully before you use the Website or submit any information to LNK Partners through the Website. Your use of the Website and/or your submission of any information to LNK Partners through the Website constitutes your agreement to be bound by the terms of this Terms of Use and Privacy Policy statement.

We may need to change this policy from time to time in order to address new issues and reflect changes on our Website or in the law. We will post those changes here so that you will always know what information we gather, how we might use that information, and when we will disclose that information to third parties. If we make any material changes to this Terms of Use and Privacy Policy statement, we will post an announcement on the home page of the Website.

BY USING THIS WEBSITE, YOU CONSENT TO OUR USING ANY INFORMATION THAT YOU PROVIDE TO US OR THAT WE COLLECT, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS TERMS OF USE AND PRIVACY POLICY STATEMENT.

 

TERMS OF USE

Restrictions on Use and No Advice

The confidential 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 LNK Partners investment funds described herein. The 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. LNK Partners is not registered as an investment adviser under the Investment Adviser Act of 1940.

LNK Partners provides no advice or recommendations with respect to the use of this Website, and the information and content contained herein do not constitute a recommendation or solicitation to purchase or sell any security or make any type of investment or financial decision, nor do the contents of this Website constitute legal, tax, or accounting advice or advice regarding the suitability or profitability of any transaction or investment.

Username and Password

Certain areas of this Website are password protected and are only available for use by LNK Partners’ clients, or other authorized persons. These portions of the Website are intended solely for those individuals and entities that have been authorized access. Those users who have been granted access to these portions of the Website are required to acknowledge, by clicking on the “I Agree” button, that they have read and agreed to this Terms of Use and Privacy Policy statement. Such users further acknowledge and agree that they are strictly prohibited from sharing or disclosing their username or password with any third parties.

Ownership of Content

All text, images, graphics, sounds and software code (“Content”) on the Website are copyrighted property of LNK Partners, its affiliates, or others. They may only be used for the personal education of visitors to the Website and they may not be placed in the public domain. You may not reproduce, redistribute, publish, or otherwise use by electronic or any other means any of the Content without LNK Partners’ prior written consent.

Trademarks

LANDAU, NASELLA & KLATSKY, LNK PARTNERS, LNK, and other marks indicated on the Website are service marks of LNK Partners or its affiliates. They may not be used or displayed without the prior written consent of LNK Partners. All other trademarks, service marks, and company names and logos appearing on the Website are the property of their respective owners.

Website Directed at United States Visitors

The Website is targeted at and intended for visitors residing in the United States. Given the global nature of the Internet, however, the Website may be accessed by visitors residing outside of the United States. We make no representations or warranties that the Website is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Website from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.

Children Under 18

Children are not eligible to use our Website. If you are under 18, you can use this Website only in conjunction with your parents or guardians.

Disclaimer of Warranties

You expressly acknowledge and agree that:

(a) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LNK PARTNERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

(b) LNK PARTNERS DOES NOT WARRANT OR REPRESENT THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY INFORMATION, SERVICES OR OTHER MATERIAL OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS, (v) THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (vi) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR OBTAINING OF ANY SUCH MATERIAL. YOU (AND NOT LNK PARTNERS OR ANY OF ITS AFFILIATED COMPANIES OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE OR ANY OF THE SERVICES AVAILABLE ON THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

Limitation of Liability

LNK Partners and its affiliates, officers, agents, partners, and employees shall not be liable for any direct, indirect, incidental, special, or consequential damages, resulting from the use or the inability to use the Website and services or resulting from any information or services obtained or messages received or transactions entered into through the Website or resulting from unauthorized access to or alteration of your transmissions of data, including, but not limited to, damages for loss of profits, use, data, or other intangibles, even if we have been advised of the possibility of such damages.

Because some jurisdictions 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 Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this Website.

Injunctive Relief

You acknowledge that any use of the Website except as expressly permitted by this Terms of Use and Privacy Policy statement without the prior written permission of LNK Partners will cause irreparable injury for which monetary damages would not be sufficient and you consent to entry of immediate and permanent injunctive relief with respect to such unauthorized use.

Indemnification

You agree to indemnify, defend and hold harmless LNK Partners or its affiliates and our and their officers, directors, members, agents, employees, consultants, freelancers, independent contractors, and representatives to the fullest extent permitted by law from and against any and all actions, proceedings, arbitrations or investigations or threats thereof, losses, expenses, damages, costs and expenses (including reasonable fees, disbursements, and other charges of counsel), resulting from any violation by you of the terms of this Terms of Use and Privacy Policy statement.

Applicable Law

This Terms of Use and Privacy Policy statement will be governed by and construed in accordance with the laws of the State of New York, 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 any use of the Website will be filed only in the state or federal courts located in New York County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

How You Can Update or Correct Your Information and Contact the Website

You can contact us to update or correct your Information. Please also contact us if you have any questions or concerns regarding the Website or this Terms of Use and Privacy Policy statement.

 


PRIVACY POLICY

As part of our commitment to your privacy and to handling information regarding its investors responsibly, we have written this policy to help you understand what information we gather about you, how we use that information after we have gathered it, and when and how we disclose that information.

Information We Collect

LNK Partners collects non-public information (“Information”) about the users of the Website from the following sources: through the submission of subscription agreements, investor questionnaires, investment advisory agreements, investment management agreements, account applications, other required forms and agreements, from requests for information, and from correspondence and other communications that you have with us. The Information that we gather may include your name, address, telephone number, e-mail address, Social Security or Employee Identification Number, assets, net worth, income, investments, beneficial interests, investment history and other personal financial data. In addition, we obtain Information about your interest in funds (such as capital account balances and percentage interests) from the funds themselves and their service providers. You may also be asked for additional required or optional Information.

We may record certain data about your use of the Website so that we may collect information regarding the number and frequency of visitors to the Website, the websites that users access before and after they visit the Website, the Internet browsers used by our visitors and our visitors’ IP addresses. Such Information is aggregated and will not be tied to you in any personally-identifiable manner other than your IP address. We do not currently use cookies though we may choose to do so in the future.

How We Use Your Information

The Information you provide to us is used for reasonable business purposes and the purpose for which you provided it, including, without limitation, to respond to your request or correspondence. The Information may also be analyzed so that we can serve you in the best manner possible on our Website through new features and functions and to provide you with useful information from LNK Partners.

We may employ outside agents or third-party service providers to operate the Website and employ others to perform functions on our behalf, such as sending postal mail and e-mail and analyzing data. These third parties have access to personally identifiable information needed to perform their functions. These third parties may not use your Information for any other purpose.

We may disclose your Information to certain affiliated and non-affiliated third parties (i) if you have requested or authorized the disclosure of the Information, (ii) if such disclosure of the Information is permitted and/or required by law (for example, to service providers who maintain or service customer accounts for LNK Partners or to your broker or agent, or as part of a regulatory or similar filing with certain regulatory and/or governmental agencies), or (iii) to protect the integrity of our services and/or the Website. You hereby authorize us to disclose your Information in those circumstances.

When Information is disclosed to non-affiliated third parties, we require that the third party maintain the confidentiality of the Information disclosed and limit the use of Information by the third party solely to the purposes for which the Information is disclosed or as otherwise required by law.

Transfer of Information to Third Parties Upon a Change of Control

We retain the right to transfer all Information pursuant to a merger or to a purchaser of LNK Partners or all or substantially all of our assets if that purchaser agrees to abide by the terms of this Terms of Use and Privacy Policy Statement.

How Your Information Is Protected

We take reasonable precautions to protect your Information from loss, misuse, or alteration. We restrict access to your Information to those employees who need to know that Information to provide products or services to you, and we maintain physical, electronic, and procedural safeguards for your Information that comply with federal regulations. You should recognize, however, that there is no such thing as “perfect security” on the Internet, and LNK Partners cannot guarantee the privacy of any Information submitted to us via the Internet.

Links to Third Party Sites

The Website may contain links to sites owned and operated by other parties. We are not responsible for and have no control over the privacy policies of those sites. We encourage you to review the privacy policies of those sites prior to providing them with any Information.