AGREEMENT BETWEEN USER AND ALPINE GROVE PARTNERS LLC
The Alpine Grove Partners LLC Web Site (the “Web Site”) is comprised of various Web pages operated by Alpine Grove Partners LLC (“Alpine”).
We provide you access to the Web Site subject to the following terms and conditions (“Terms”), which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the Web Site, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and the terms and conditions of our Statement of Privacy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Web Site.
NO OFFERS OR RELIANCE; NO INVESTMENT OR FINANCIAL ADVICE
Alpine Grove Partners is a registered investment adviser under the Investment Advisers Act of 1940, as amended. Such registration does not imply that the Securities and Exchange Commission (the “SEC”) has endorsed or approved the qualifications of Alpine Grove Partners and its respective representatives to provide the advisory and management services described in the Web Site. Furthermore, Alpine Grove Partners may transact business only in those states in which it is registered, or qualifies for an exemption or exclusion from registration requirements. Consequently, this Web Site may contain information about investment products and services that are not intended for or available to certain investors in certain jurisdictions. For information pertaining to the registration status of Alpine Grove Partners, please contact the SEC or the state securities regulators for those states in which Alpine Grove Partners maintains a notice filing. A copy of Alpine’s current written disclosure statement discussing Alpine’s business operations, services, and fees is available from Alpine Grove Partners upon written request.
Users of the Web Site should note that no information on the Web Site should be construed as investment or financial advice. The Web Site is limited to the dissemination of general information pertaining to Alpine’s advisory services, together with access to additional investment-related information, publications, and links. Accordingly, the publication of the Web Site on the Internet should not be construed by any consumer and/or prospective client/investor as Alpine’s solicitation to effect, or attempt to effect, transactions in securities, or the rendering of personalized investment advice for compensation, over the Internet. Any subsequent, direct communication by Alpine Grove Partners with a prospective client/investor shall be conducted by a representative that is either registered or qualifies for an exemption or exclusion from registration in the state or other jurisdiction where the prospective client/investor resides.
Alpine Grove Partners is not utilizing the Web Site to provide investment or other advice, and no information or material available through the Web Site is to be relied upon for the purpose of making or communicating investment or other decisions. Alpine Grove Partners is neither an attorney nor an accountant, and no portion of the Web Site content should be interpreted as legal, accounting, or tax advice. To the extent that past performance is available through the Web Site, past performance is not indicative of future results, and no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
No material available through the Web Site shall be used or considered as an offer to sell or a solicitation of any offer to buy the securities or services of any of our affiliated entities. Offers can only be made where lawful under, and in compliance with, applicable law.
Please remember that different types of investments involve varying degrees of risk, and there can be no assurance that the future performance of any specific investment or investment strategy (including those undertaken or recommended by Alpine Grove Partners), will be profitable or equal any historical performance level(s).
Investments discussed on the Web Site, if any, may not be suitable for all investors. Investors should make their own investment decisions based upon their own financial objectives and financial resources, and should obtain independent investment and tax advice before deciding to invest. Case studies set forth on the Web Site have been selected to exemplify Alpine’s investments in different asset classes and/or geographic regions. These investments do not represent all of the investments selected by Alpine Grove Partners with respect to a particular asset class, geographic region, or a particular account. Case studies may be ongoing investments of certain accounts managed by Alpine Grove Partners, and are not intended to be, and should not be construed as, investment advice or a recommendation to purchase or sell any particular security. Case studies or other investments discussed on the Web Site ultimately may generate positive returns, and other investments made in these asset classes or geographic regions, but not discussed on the Web Site, may generate negative returns, or vice versa. It should not be assumed that investments made for any particular account will match the performance or character of the investments discussed on the Web Site, or that the returns of any accounts managed by Alpine Grove Partners will equal the performance of the investments discussed on the Web Site. Investors may experience materially different results.
NO GUARANTEED RESULTS
The recommendations developed by Alpine Grove Partners in connection with its services are based upon the professional judgment of Alpine Grove Partners, and Alpine Grove Partners cannot and does not guarantee the results of any recommendations.
The Web Site contains certain “forward-looking statements,” which may be identified by the use of such words as “believe,” “expect,” “anticipate,” “should,” “planned,” “estimated,” “potential,” and other similar terms. Examples of forward-looking statements include, but are not limited to, estimates with respect to financial condition, results of operations, and the success or lack of success of Alpine’s investment process or strategy. All are subject to various factors, including, but not limited to, general and local economic conditions, changing levels of competition within certain industries and markets, changes in interest rates, changes in legislation or regulation, and other economic, competitive, governmental, regulatory, and technological factors affecting Alpine’s operations that could cause actual results to differ materially from projected results.
POSITIONS AND RECOMMENDATIONS
Certain portions of the Web Site may contain a discussion of, and/or provide access to, Alpine’s (and those of other investment and non-investment professionals) positions and/or recommendations as of a specific prior date. Due to various factors, including changing market conditions, such discussion may no longer be reflective of current position(s) and/or recommendation(s). Moreover, no client/investor or prospective client/investor should assume that any such discussion serves as the receipt of, or a substitute for, personalized advice from Alpine Grove Partners or from any other investment professional.
RANKINGS AND RATING SERVICES
Rankings and/or recognition by unaffiliated rating services and/or publications should not be construed by a client/investor or prospective client/investor as a guarantee that he/she will experience a certain level of results if Alpine Grove Partners is engaged, or continues to be engaged, to provide investment advisory services, nor should they be construed as current or past endorsements of Alpine Grove Partners by any of its clients/investors. Rankings published by magazines and others generally base their selections exclusively on information prepared and/or submitted by the recognized adviser. Moreover, with regard to any performance information contained on the Web Site, directly or indirectly, users should note that past results are not indicative of future results.
LINKS FROM THIRD-PARTY SITES
You shall not display hyperlinks on your websites to any website owned or operated by Grove. If you desire to display on your website a hyperlink to an Alpine Grove Partners website, you must enter into a written agreement with Alpine Grove Partners governing such display. Access to any Alpine Grove Partners website does not authorize you to use any of Alpine’s names, logos, or copyrighted material, and you agree not to do so without Alpine’s express written consent. Requests to display hyperlinks on your websites to Alpine Grove Partners should be emailed to firstname.lastname@example.org.
The Web Site may be linked from other permitted websites that are not maintained by Alpine Grove Partners. Alpine does not endorse and is not responsible for the content of any such other websites, including, without limitation, any references to Alpine Grove Partners or links to the Web Site.
PASSWORD PROTECTED AREAS
Certain areas of the Web Site are password protected and are only accessible to those who have been issued a password from an authorized representative of Alpine Grove Partners. You may not attempt to access any password protected areas from the Web Site unless you have received proper authorization and been issued a valid password.
In the event that you have been issued such a password, you acknowledge and agree that Alpine Grove Partners has granted you limited access to specific files pertaining to investments relevant to you, and you agree not to attempt to access computer files other than those specific files.
Each password can be used by only one user. You are solely responsible for the confidentiality and use of your password, as well as for any use, misuse, or communications entered through the Web Site using your password.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Web Site, you warrant to Alpine Grove Partners that you will not use the Web Site for any purpose that is unlawful or prohibited by this Agreement. You may not use the Web Site in any manner which could damage, disable, overburden, or impair the Web Site or interfere with any other party’s use and enjoyment of the Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Web Site. You may not harvest or otherwise collect information about others, including e-mail addresses, without their consent. You may not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Web Site, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file.
NO RESPONSIBILITY FOR CONNECTIVITY
You are responsible for the means you use to access the Web Site and all costs associated therewith. We are not responsible for the performance of your hardware, software, the Internet, your Internet service provider, or other third parties involved in connecting you to the Web Site.
MATERIALS PROVIDED TO ALPINE GROVE PARTNERS OR POSTED AT ANY ALPINE WEBSITE
Alpine Grove Partners does not claim ownership of the materials you provide to Alpine Grove Partners, including feedback and suggestions (collectively “Submissions”). However, by providing your Submission you are granting Alpine Grove Partners, its affiliated companies, and sublicensees permission to use your Submission for any purpose, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission, and to publish your name, profile picture, and screen name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Alpine Grove Partners is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Alpine’s sole discretion.
Further, Alpine Grove Partners shall be free to use, for any purpose and without compensation any ideas, concepts, know-how, or techniques you provide through the Web Site.
By providing your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide the Submissions and to grant the rights you have granted herein.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ALPINE GROVE PARTNERS AND/OR ITS SERVICE PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE WEB SITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL, OR FINANCIAL DECISIONS. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ALPINE GROVE PARTNERS AND/OR ITS SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ALPINE GROVE PARTNERS AND/OR ITS SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, COMPLETENESS, OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
You, the user, shall irrevocably indemnify, defend, and hold harmless Alpine Grove Partners and its officers, directors, managers, principals, members, partners, shareholders, agents, and employees against all losses, damages, and costs suffered or incurred by such parties arising out of or in connection with your access, use, or distribution of the Web Site or information contained herein.
Alpine Grove Partners reserves the right, in its sole discretion, to terminate your access to the Web Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of New York, U.S.A. except with regard to its conflicts or choice of law rules, and you hereby irrevocably and unconditionally consent to the exclusive jurisdiction and venue of courts in New York, New York, U.S.A. in all disputes arising out of or relating to the use of the Web Site. You hereby irrevocably and unconditionally consent and submit to the personal jurisdiction of the courts in New York, New York, U.S.A. for the purpose of litigating any action with Alpine Grove Partners. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Alpine Grove Partners as a result of this Agreement or use of the Web Site. Alpine’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Alpine’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Web Site or information provided to or gathered by Alpine Grove Partners with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty, disclaimers, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in full force and effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Alpine Grove Partners with respect to the Web Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Alpine Grove Partners with respect to the Web Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this Agreement and all related documents be drawn up in English.
No waiver by Alpine Grove Partners of any right under or term or provision of this Agreement will be deemed a waiver of any other right, term, or provision of this Agreement at any other time.
COPYRIGHT AND TRADEMARK
The content contained on the Web Site is protected by copyright, trademark, trade dress, and other laws. Accordingly, you may not copy, distribute, modify, post, or frame the Web Site, including any text, graphics, video, audio, software, code, user interface, design, or logos. You may download material displayed on the Web Site provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of the Web Site for public or commercial purposes, including the text, images, audio, and video, without Alpine’s written permission. Modification or use of the materials for any other purpose violates Alpine’s intellectual property rights.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Web Site without the written permission of Alpine Grove Partners or such other third party that may own the trademark displayed on the Web Site. Your use of the trademarks displayed on the Web Site, except as provided herein, is strictly prohibited.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Alpine Grove Partners respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content or user submissions deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any notification of claimed infringement, which may be given under that Act is as follows:
Alpine Grove Partners
405 Lexington Avenue
New York, NY 10173
United States of America
If you believe that your work has been copied on the Web Site in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Web Site where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
The Web Site is maintained in the United States, and Alpine Grove Partners makes no representations that information or materials presented on the Web Site are appropriate for use in jurisdictions outside of the United States. Those who access the Web Site from outside of the United States do so at their own risk and are responsible for compliance with all local laws. Accessing the Web Site from locations where it is illegal is prohibited.
The information and materials provided on the Web Site are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Alpine Grove Partners to any registration requirement within such jurisdiction or country.
Alpine Grove Partners is an equal opportunity employer committed to diversity in the workplace.
STATEMENT OF PRIVACY
EFFECTIVE AS OF JUNE 2015
COLLECTION OF YOUR PERSONAL INFORMATION
Alpine Grove Partners collects personally identifiable information, such as your e-mail address, name, home or work address, or telephone number. Alpine Grove Partners also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests, and favorites.
There is also information about your computer hardware and software that is automatically collected by Alpine Grove Partners. This information can include your IP address, browser type, domain names, access times, and referring website addresses. This information is used by Alpine Grove Partners for the operation of the Web Site, to maintain the quality of the Web Site, and to provide general statistics regarding use of the Web Site.
Alpine Grove Partners encourages you to review the privacy statements of web sites to which you choose to link from the Web Site so that you can understand how those web sites collect, use, and share your information. Alpine Grove Partners is not responsible for the privacy statements or other content on web sites outside of the Web Site and the Alpine Grove Partners family of web sites.
USE OF YOUR PERSONAL INFORMATION
Alpine collects and uses your personal information to operate the Web Site and deliver the services you have requested. Alpine Grove Partners may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
We may share some or all of your information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us. In addition, in the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, your information may be part of the transferred assets.
Alpine Grove Partners does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
We will disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Alpine Grove Partners or the Web Site; (b) protect and defend the rights or property of Alpine Grove Partners or others; and, (c) act under exigent circumstances to protect the personal safety of users of the Web Site or the public.
The Web Site use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect certain information and to enhance your experience using the Web Site.
One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a page on the Web Site or register with Alpine, a cookie helps Alpine Grove Partners to recall your specific information on subsequent visits. This simplifies the process of recording your personal information. When you return to the Web Site, the information you previously provided can be retrieved, so you can easily use the Alpine Grove Partners features that you customized.
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Alpine Grove Partners services or Web Site.
THE INFORMATION COLLECTED BY OR THROUGH THIRD-PARTY ADVERTISING COMPANIES
ACCESSING AND MODIFYING INFORMATION AND COMMUNICATION PREFERENCES
If you have registered for the Web Site, you may access, review, and make changes to your personal information by following the instructions found on the Web Site or contacting us as set forth below. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any Alpine Grove Partners marketing email. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. Clients and investors cannot opt out of receiving transactional e-mails related to their accounts.
SECURITY OF YOUR PERSONAL INFORMATION
We take commercially reasonable steps to protect your information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mails or messages sent to or from the Web Site may not be secure, and you should therefore take special care in deciding what information you send to us via those means.
IMPORTANT NOTICE TO NON-U.S. RESIDENTS
It is important to note that the Web Site and its servers are operated in the United States. If you are located outside of the United States, please be aware that any personal information you provide to us will be transferred to the United States. By using the Web Site and by providing us personal information when using our services, you hereby irrevocably and unconditionally consent to this transfer and our use of the information and data provided by you in accordance with this Statement of Privacy.
We do not knowingly collect personal information from children under the age of 13 through the Web Site. If you are under 13, please do not give us any personal information. We encourage parents and legal guardians to monitor their children’s internet usage and to help enforce our Statement of Privacy by instructing their children to never provide personal information through the Web Site without their permission. If you have reason to believe that a child under the age of 13 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.
Alpine Grove Partners does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “do not track” settings and/or signals.
CHANGES TO THIS STATEMENT
This Statement of Privacy is effective as of the date stated at the top of this Statement. We may change this Statement of Privacy from time to time. By accessing the Web Site after we make any such changes to this Statement of Privacy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the information is governed by the Statement of Privacy in effect at the time we collect the information. Please refer back to this Statement of Privacy on a regular basis.
Alpine Grove Partners welcomes your comments regarding this Statement of Privacy. If you believe that Alpine has not adhered to this Statement, please contact Alpine Grove Partners at email@example.com. We will use commercially reasonable efforts to promptly determine and remedy the problem.