Terms of Use & Privacy Policy

Last Updated: May 28, 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 in order to address new issues, reflect changes on our Website, in response to legal or regulatory changes, or for any other reason.  Any such changes will be reflected in a revised Terms of Use or Privacy Policy, as applicable.  By continuing to use this Website after such revised Terms of Use or Privacy Policy is posted, you are indicating your acceptance of such changes.  If you do not agree to abide by these terms and conditions, please exit this Website immediately.

​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 constitutes 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 thereto.  No action should be taken or omitted to be taken in reliance upon information on this Website.  Advice from a suitably qualified professional should always be sought in relation to any particular matter or circumstance.

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 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 thisWebsite 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 set forth 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, 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, except as expressly set forth herein.

​While Finch Lane seeks to provide accurate, complete and current information on the Website, we cannot and do not guarantee 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 on the basis of 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 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 any and 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 remedy is to discontinue 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 collection 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 prior to and subsequent to 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 certain 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.  By providing a telephone number and submitting any form on this Website, you are consenting to be contacted by SMS text message.  Message & data rates may apply.  You can reply STOP to opt-out of further messaging.  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 certain 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 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

​This 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 prior to 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.