Terms of Use & Privacy Policy
Last Updated: November 29, 2024
The following Terms of Use and Privacy Policy set
forth the terms of use governing this website (this “Website”)
and the privacy practices in respect of this Website for Finch
Lane Partners, LLC and its affiliates (collectively, “Finch
Lane” or “we”). The Terms of Use and Privacy Policy
collectively set out your obligations and ours with respect to
your use of the Website, and by accessing or using the
Website, you are acknowledging that you have read, understand,
and agree without limitation or qualification to be bound by
these Terms of Use and Finch Lane’s Privacy Policy.
To
the extent permitted by applicable law, we may change, add, or
remove any part of the Terms of Use or Privacy Policy from
time to time to address new issues, reflect changes on our
Website, in response to legal or regulatory changes, or for
any other reason. Any changes will be reflected in a revised
Terms of Use or Privacy Policy, as it's appropriate. By
continuing to use this Website after the revised Terms of Use
or Privacy Policy is posted, you are accepting these changes.
If you do not agree to follow these terms and conditions,
please go ahead and exit this Website as soon as possible.
All
material on this Website is information of a general nature
and does not address the circumstances of any particular
individual or entity. Nothing on this Website is professional
and/or financial advice, nor does any information on this site
constitute a comprehensive or complete statement of the
matters discussed or the law relating to it. No action should
be taken or omitted to be taken based on information on this
Website. Advice from a suitably qualified professional should
always be looked at in relation to any particular situation or
circumstance.
BY USING THIS WEBSITE, YOU CONSENT TO
OUR USE OF ANY INFORMATION THAT YOU PROVIDE TO US OR THAT WE
COLLECT, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE
TERMS OF USE AND PRIVACY POLICY.
TERMS OF USE
Restrictions on Use; No Offer or Advice
The confidential material contained in this
Website is intended only for financially sophisticated
investors and is solely provided for their private and lawful
use. The material contained in this Website does not
constitute any offer to sell or a solicitation (general or
otherwise) of any offer to buy any securities or other assets,
nor does this Website constitute any general advertising of
any securities or other assets. Any such offer or solicitation
can and will be made only by means of a complete offering
memorandum and related subscription materials which contain
significant additional information about the terms of an
investment, only in jurisdictions in which such an offer would
be lawful, and only to individuals who meet the investor
sophistication criteria that are determined from time to time
by Finch Lane in its sole and absolute discretion. Any
decision to invest must be based solely upon the information
outlined in the Offering Documents, regardless of any
information that may have been otherwise furnished, including
material contained in this Website, which should not form the
basis of, or be relied upon in any connection with, any
contract or subscription. Finch Lane and its affiliates do not
offer investment advisory services to the general public.
Finch
Lane provides no advice or recommendations with respect to the
use of this Website. The information and content contained
herein do not constitute a recommendation or solicitation to
purchase or sell any security or make any 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, except as expressly set forth herein.
While
Finch Lane wants to provide accurate, complete, and current
information on the Website, we cannot and do not promise the
accuracy, validity, timeliness, or completeness of any
information or data made available to you for any particular
purpose. Any views expressed on the Website by Finch Lane were
prepared based on the information available to Finch Lane at
the time such views were written. Changed or additional
information could cause such views to change. Information may
quickly become unreliable for various reasons, including
changes in market conditions or economic circumstances. You
alone will need to evaluate the merits and risks associated
with the use of the Website. Decisions based on information
obtained from the Website are your sole responsibility. Before
making any decision based on this information, you should
consider (with or without the assistance of your own
financial, legal, tax, or other advisors with whom you have a
relationship) whether the information is appropriate in light
of your particular investment needs, objectives, risk
tolerances, and financial circumstances.
Username and Password
Certain sections of this Website are
password-protected and are only available for use by Finch
Lane, investors in the investment fund of Finch Lane, or other
authorized persons. These portions of the Website, and the
materials and information available therein, are intended
solely for those individuals and entities that have authorized
access. You may not access any password-protected areas of the
Website without proper authorization. Those users who have
been granted access to these portions of the Website
acknowledge that they have read, understood, and agreed to
these Terms of Use and the Privacy Policy. Such users further
acknowledge and agree that they are strictly prohibited from
sharing or disclosing (1) their username or password with any
third parties, and (2) the materials and information available
in the password-protected sections of the Website with any
third party other than such user’s advisors.
Ownership of Content
All text, images, graphics, sounds, and software
code (“Content”) on this Website are copyrighted property of
Finch Lane under U.S. copyright law or others. The Content may
only be used for the personal education of visitors to the
Website and may not be placed in the public domain. You may
not reproduce, redistribute, publish, transmit, or otherwise
use by electronic or any other means any of the Content
without the prior written consent of Finch Lane. You may
download any Content only for lawful, personal usage and
informational purposes.
Trademarks
Finch Lane Partners and other marks indicated on
the Website are service marks and trademarks of Finch Lane.
They may not be used or displayed without the prior written
consent of Finch Lane or used in connection with any product
or service that is not Finch Lane’s. All other trademarks,
service marks, and company names and logos appearing on the
Website are the property of their respective owners, who may
or may not be affiliated with, connected to, or sponsored by
Finch Lane. All rights are reserved.
Non-United States Visitors
While the Website is controlled and operated from
Finch Lane’s headquarters in the State of Texas, United States
of America, the global nature of the Internet results in the
potential access to this Website by persons 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
all local laws and regulations that may apply to such
access.
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, FINCH
LANE 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, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND FREEDOM
FROM VIRUSES OR OTHER HARMFUL CODE.
(b) FINCH LANE
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 SITE 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 FINCH LANE OR ANY
OF ITS AFFILIATES 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 SITE OR ANY OF THE SERVICES AVAILABLE
ON THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THESE TERMS OF USE.
Limitation of Liability
Finch Lane and its officers, agents, partners
and employees shall not be liable for any direct, indirect,
incidental, special, consequential, exemplary or punitive
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
intangible, 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. In no event
shall the total liability of Finch Lane to you for all
damages, losses, and causes of action exceed the amount paid
to you, if any, for accessing this Website.
If you
are dissatisfied with any portion of the site, or with any of
these terms of use, your sole and exclusive solution is to
stop using this Website.
PRIVACY POLICY
Finch Lane Partners, LLC respects the privacy of
all visitors to this Website. The following Privacy Policy
outlines the information that Finch Lane may collect from
visitors to the Website, and the usage and disclosure of such
information.
Please note that your Internet or
other service provider may collect information about or
submitted by you while you use this Website or any other
website, and the information collection and privacy practices
of any other party are not monitored or controlled by Finch
Lane.
Our servers may record usage information,
including the websites that you accessed immediately before
and after visiting this Website, and the length of time you
accessed this Website. We may record your IP address. If we
use this data in any capacity, it will be on an aggregate
basis, and we will not disclose to third parties any
personally identifiable information in connection with such
use.
This Website may employ cookies or other
technology to gather information about its usage to help us
improve the content, usability, and functionality of the
Website, and to remember specific user attributes. The
majority of commercially available web browsers allow you to
erase cookies from your personal computer.
If a
visitor to this Website voluntarily submits information, our
servers may record and Finch Lane may use such information,
including but not limited to such visitor’s name and email
address, for reasonable and legitimate business purposes.
Finch Lane does not use a visitor’s personally identifiable
information for any other purpose without its permission.
Finch Lane may share information a visitor provides on this
Website with any of its affiliates or related companies. No
mobile information will be shared with third
parties/affiliates for marketing / promotional purposes. All
other categories exclude text messaging originator opt-in data
and consent; this information will not be shared with any
third parties. Further, if Finch Lane is required to make
disclosures to a third party, including the government, in
connection with a lawsuit, subpoena, investigation, or other
proceeding, it may do so.
Under California Civil
law, Californians are entitled to request information relating
to whether a business has disclosed personal data to any third
parties for the third parties’ direct marketing purposes.
Californians who wish to request further information about our
compliance with this statute or who have questions, more
generally, about our Privacy Policy and our privacy
commitments, and the Website should contact us (contact
information below). Individuals in Andorra, Argentina,
Australia, California, Canada, Europe, Faroe Islands,
Guernsey, Hong Kong, Israel, Isle of Man, Japan, Jersey,
Mexico, New Zealand, Singapore, South Korea, Switzerland, the
United Kingdom, Uruguay, and certain other jurisdictions may
have specific data subject rights. These rights vary, but they
may include the right to: (i) request access to and
rectification or erasure of their personal data; (ii) restrict
or object to the processing of their personal data; and (iii)
obtain a copy of their personal data in a portable format.
Individuals may also have the right to lodge a complaint about
the processing of personal data with a data protection
authority. If you wish to exercise any of these rights, please
contact us (contact information below).
The
California Consumer Privacy Act (“CCPA”) prohibits covered
businesses from discriminating against you for exercising your
CCPA rights.
Finch Lane maintains physical,
electronic, and procedural safeguards that comply with federal
standards to safeguard each visitor’s nonpublic personal
information, and which Finch Lane believes are adequate to
prevent unauthorized disclosure of such information.
If
you have any questions concerning this Privacy Policy, please
contact Finch Lane Partners, LLC (713.364.8786 or
info@finchlp.com).
APPLICABLE LAW
These Terms of Use and Privacy Policy are
governed by and construed in accordance with the laws of the
State of Texas, 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 Harris
County, Texas, and you hereby consent and submit to the
personal jurisdiction of such courts for the purposes of
litigating any such action. The UN Convention on Contracts for
the International Sale of Goods is expressly disclaimed.
LINKS TO THIRD PARTY SITES
This 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 such sites, the
information set forth on such sites, or the goods or services
available or contained on such sites. As such, these links are
provided solely as a courtesy to our visitors to the Finch
Lane Website. We encourage you to review the privacy policies
of any such sites before providing them with any personal or
confidential information. If you decide to access any of such
sites, you do so entirely at your own risk.