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Terms & Conditions

PRIVACY POLICY & TERMS OF USE

Thank you for visiting the website of Intrepid Financial Partners, L.L.C. and its affiliates (together, “Intrepid”, “we” or “us”). Your visit to this website (the “Site”) is subject to the following Privacy Policy and Terms of Use. By visiting the Site, you agree to this Privacy Policy and Terms of Use, which may be updated by us at any time. If we update our Privacy Policy or Terms of Use, we will post the updated document here. Any such changes will be effective upon posting. We urge you to review the Privacy Policy and Terms of Use each time you visit the Site. If you do not agree with any provision of the Privacy Policy or Terms of Use, you should not use the Site.

If you have any questions or comments about our Privacy Policy or Terms of Use, you can email us at info@intrepidfp.com or write to us at Webmaster, Intrepid Financial Partners, 540 Madison Ave., 21st Fl., New York, NY 10022.

PRIVACY POLICY

We are committed to protecting the privacy of visitors to the Site. This Privacy Policy seeks to help you understand whether and how we collect information about you when you visit the Site, and how we use such information.

This Privacy Policy concerns only the Site and does not concern any website to which the Site may link. Should you choose to visit these third-party sites, you should review their privacy policies to ensure that you understand and are comfortable with their practices concerning your personally identifiable information. Similarly, this Privacy Policy does not concern your interaction with Intrepid in any matter other than your use of the Site. Finally, this Privacy Policy does not address our privacy practices with respect to any nonpublic personal information we may collect from you as an investor in us or in funds that we sponsor or manage. We address these practices in separate notices to investors or potential investors.

1. The Types of Information We Collect About You

When you enter and browse the Site, we may collect two different types of information about you: information you provide to us, and information we collect through technology. Intrepid may retain any information collected through the Site for an indefinite period of time.

Information You Provide to Us

In order to obtain access to certain information or materials provided via the Site, you may have to provide information that we collect and store in a way that allows us to relate it to you personally, including but not limited to your name, e-mail address, mailing address, phone number, facsimile number and the type of investor you are (e.g., individual, analyst, broker). We refer to such information as personally identifiable information. Additionally, we may collect and retain a record of all communications with you.

Information We Collect Through Technology

We may collect information about you through technology. For example, we may collect your IP address each time you request a page during a visit to the Site. (An IP address is often associated with the portal through which you enter the Internet.) At times, we may also use IP addresses to collect information regarding the frequency with which users browse various parts of the Site.
The Site may also use other technical methods to track and analyze the traffic patterns on the Site, such as the frequency with which our users visit various parts of the Site. These technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf. We may also use these technical methods in HTML e-mails that we send our Site users to determine whether such users have opened those e-mails and/or clicked on links in those e-mails. We may collect the information from use of these technical methods in a form that is personally identifiable.

During some visits we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse overs), and methods used to browse away from the page. We may use this information to measure Site activity, to develop ideas for improving our websites and for any other purpose to the extent permitted by applicable law.

Cookies and How We Use Them

Cookies are small text files that may be placed on your browser when you visit our web site. Cookies are used primarily for administrative purposes, to improve your experience with our web site. For instance, when you return to the Site after logging in, cookies provide information to the Site, including personal information, so that the Site will remember who you are.
Intrepid uses cookies primarily to capture anonymous analytics to improve our web site experience and performance. This includes compiling statistical information concerning, among other things, the frequency of use of our site, the pages visited, and the length of each visit, as well as information about your computer, operating system, browser, language, and country.
Using the settings of your Internet browser, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. Consult your browser Help menu to learn the correct way to modify your cookies. If you choose to turn off cookies, you may not have access to many features make your browsing of our Site smoother, and some of our services may not function properly. You may at any time delete any cookies set by using the relevant option of your Internet browser or by deleting the cookies on your hard drive. If you would like to modify your browser to notify you when you receive a new cookie or to disable cookies altogether, please refer to Managing Cookies.

If you continue without changing your settings, we’ll assume that you accept receipt of all cookies on the Intrepid website.

2. Our Use of Your Personally Identifiable Information

Intrepid does not disclose any nonpublic personally identifiable information about its Site users to any nonaffiliated third party, except as set forth below.

We may use or disclose certain personally identifiable information we collect about you when you visit and browse the Site as part of our normal business operations, or to send you administrative communications either about your interactions with us or about features of the Site, including any future changes to this Privacy Policy.

We may also store your personally identifiable information and share it with our affiliates. We may use or disclose this information for marketing, research and other business purposes, and we may associate your personally identifiable information with other information we collect about you, such as details about your usage patterns and interests, but we will not sell this information or disclose it to third parties.

We may also use service providers to facilitate our services or platform functions on our behalf. These companies and individuals may have access to your personally identifiable information, as needed to perform their functions.

We will use or disclose personally identifiable information when we believe that such disclosures are required by law, regulation, legal process, subpoena, document request or governmental request. For example it may be necessary, under anti-money laundering and similar laws, to disclose information about investors in order to accept subscriptions from them. We may also do so to help enforce our Terms of Use, protect your safety or security, including the safety and security of property that belongs to you, or protect the safety and security of our websites, databases or third parties, including the safety and security of tangible or intangible property that belongs to us or to third parties. Also, in the event that Intrepid, or substantially all of the assets of Intrepid or one or more of its businesses, are acquired or merged with another entity, whether an affiliate or a third party, user information may be one of the transferred assets. We may transfer all user information (which may include personally identifiable information) to our acquirers or successors. Intrepid, however, reserves the right to use any personally identifiable information in any manner permitted by law.

3. How We Use Your Non-Personally Identifiable Information

Non-personally identifiable information is information that does not personally identify you, including anonymous information and aggregate data. We may use this information to understand better how our visitors use the Site, research our visitors’ demographics, interests, and behavior, improve the Site, provide visitors with customized services and information, and for other similar purposes. We may combine this information with personally identifiable information. We may share this information with others, such as investors, for information or promotional purposes, and may use this information in any manner permitted by law, but any disclosure that identifies you personally will be governed by Section 2.

4. Protection of Information

We endeavor to protect your personally identifiable information. We use technical, administrative and physical methods to maintain the integrity and security of our databases, including firewalls. Please be aware though that there is no such thing as “perfect security” on the Internet, and third parties may unlawfully intercept or access transmissions or private communications. We will not be responsible or liable for any damages, losses or causes of action arising out of or in connection with the disclosure of your personally identifiable information. You use our Site and send us information at your own risk.

5. Do Not Track

Intrepid does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (“DNT”) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser allows you to set the DNT signal so that third parties (particularly advertisers) know you do not want to be tracked. You should consult the help pages of your browser to learn how to set your preferences so that websites do not track you.

6. Children

Although this Site is not targeted toward children, we are concerned about the safety and privacy of children who use the Internet. If a child under 13 has provided personally identifiable information to us through the Site, a parent or guardian may inform us at the address for legal notices above, and we will use commercially reasonable efforts to delete it from our database, subject to applicable law and this Privacy Policy.

9. Governing Law and Forum

The laws of the State of New York govern these Terms of Use. Any dispute relating to these Terms of Use or your use of the Site shall be resolved solely in the state or federal courts located in New York County, New York, or the United States District Court for the Southern District of New York located in New York County, New York. You agree to waive trial by jury in any such action.

TERMS OF USE

1. Uses of Our Site and Content

All content and information, and all trademarks, logos, copyrights and other intellectual property displayed on the Site is owned by Intrepid or their respective owners. By visiting this Site you agree to the following with respect to the content and information on the Site (the “Content”).

• Intrepid grants you a limited, revocable, nonexclusive and nontransferable right to view, store, bookmark, download, copy and print pages from the Site solely for your personal and noncommercial use only.
• You may not use any trademark, service mark or logo of Intrepid or any third party that appears on the Site without prior written consent.
• You agree not to copy portions of the Site (such as by bots, robots or spiders that “harvest” the Site), interfere with the functioning of the Site or restrict or inhibit any others from using the Site.
• If you download any pages from the Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such Content. You may not alter or modify the Content in your copies.
• Unless you receive our permission in advance, you may not exploit any of the Content commercially, forward it as a mass distribution, post it on another site, or otherwise copy, distribute or modify any portion of the Site.
• If you link other websites to this Site, you may not imply or suggest that Intrepid has endorsed or is affiliated with such websites and you may not display this Site as “framed” within another website.
• You may not (and may not encourage or assist others to) violate any law, regulation, rule or the intellectual property or contractual rights of others, or attempt to violate the security of this Site or use or gain access to the identities, information or computers of others through this Site.
• You may not delete, decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of this Site.
• You may not transmit any virus, worm, time bomb or similar system interference or corruptant through this Site.
Intrepid has the right (but not the obligation) to monitor this Site for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you. and we may at any time revoke your right to use all or any portion of the Site. Intrepid may investigate any complaint regarding or suspected violation of these Terms of Use, and may report any activity relating to this Site to regulators, law enforcement officials or other persons or entities that it deems appropriate.

2. Investment Disclaimers

This Site is for general informational purposes only. Under no circumstances should any information or materials presented on the Site be used or construed as an offer to sell, or a solicitation of an offer to buy, any securities, financial instruments, investments or other services. Dated content speaks only as of the date indicated.

This Site does not provide specific investing advice or strategies to any individual. The investments and strategies discussed in the Content may not be suitable for all investors and are not obligations of or guaranteed by Intrepid or any of its affiliates. The investments are not bank deposits and are not insured by the Federal Deposit Insurance Corporation or any other entity and are subject to investment risks, including the loss of the principal amount invested. Nothing contained on the Site constitutes investment, legal, tax or other advice nor is to be relied on in making an investment or other decision. Decisions based on the Content are the sole responsibility of the user. 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. You agree that Intrepid is not liable for any action you take or decision you make in reliance on any Content. Intrepid will not treat users of the Site as its partners, clients, customers or investors by virtue of their accessing the Site.

PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS. No representation is being made that any investment or transaction will or is likely to achieve profits or losses similar to those achieved in the past by any person or entity associated with Intrepid or its employees, or that significant losses will be avoided. The investment return and principal value of an investment may fluctuate, and, as a result, the aggregate amount of capital you receive back from an investment may be more or less than original cost.

The Site contains forward-looking statements, which reflect our current views with respect to, among other things, the operations and performance of our businesses. You can identify these forward-looking statements by the use of words such as “outlook,” “believe,” “expect,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “intend,” “will,” “plan,” “estimate,” “anticipate” or the negative version of these words or other comparable words. Forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. We undertake no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.

Any transactions described on the Site as having been engaged in by Intrepid are included as representative transactions for illustrative purposes only, and may not be representative of all transactions engaged in by Intrepid.

3. International Use

The Site is operated and controlled by us in the United States, and the Content provided in or accessible through the Site is, unless otherwise specified, directed at residents of the United States. Despite the global nature of the Internet, Intrepid makes no claims that the Content or the Site are appropriate or may be viewed or used outside the United States. Access to the Site from countries or territories where such access is illegal is prohibited. Furthermore, our databases are located in the United States. If you access this website from outside the United States, you do so at your own risk. By sending us your data, you consent to its transfer to and storage within the United States. Intrepid makes no representations that the transactions, products or services discussed on or accessible through the Site are available or appropriate for sale or use in all jurisdictions or by all users. Those who access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.

4. Linked Sites

Intrepid does not review or monitor any websites linked from or to the Site and is not responsible for the content of any such websites, or any products or services contained on or accessible through such other websites, their terms of use or privacy policies. You are advised to review the terms of use and privacy policies of any website that you visit. Intrepid disclaims responsibility for the privacy policies and customer information practices of third-party internet websites linked from the Site.

5. Transmission to and from the Site

Any communication or content that you send to the Site is and will be deemed to be non-confidential as between you and us, and Intrepid will be free to use, modify, reproduce and distribute it for any purpose without compensation to you.

6. Password and Security Notification

Certain areas of the Site may be password-protected. You may not attempt to access any password-protected areas of the Site without authorization. If you have been issued a password for the Site, you agree that Intrepid has granted you limited access to specific files pertaining to investments relevant to you, and you agree not to attempt to access other files.
All information that Intrepid provides to Site users supplying a password is confidential and intended solely for the information of its intended recipient and/or such recipient’s financial, legal or tax advisors, provided that such advisors agree not to disclose any information that is confidential.

You are solely responsible for maintaining the confidentiality of your passwords, account information, user names, and/or security questions and answers for the Site, and for logging off any protected areas of the Site when you finish a session. Accordingly, you should protect the confidentiality of your password, and notify Intrepid immediately if you become aware of its unauthorized use. If you share your password with a third party, you assume all responsibility for all such party’s activity related to the Site.

7. Limitation of Liability and Disclaimers

Intrepid its affiliates and their respective officers, directors, managers, partners, members, shareholders, employees, affiliates and agents (collectively “Related Persons”) make no representations or warranties and specifically disclaim any and all warranties of any kind, express or implied, with respect to the Site and the Content, including any representations or warranties with respect to merchantability, fitness for a particular purpose, title, non-infringement, availability, security, accuracy, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery.

While we use reasonable efforts to obtain information from reliable sources, Intrepid does not warrant that any Content is accurate, reliable, complete, or correct, that this Site will be available at any particular time or location. Such information or materials are provided “as is” and “as available”. Please be aware that there is no such thing as “perfect security” on the Internet, and third parties may unlawfully intercept or access transmissions or private communications, and accordingly electronic mail and other transmissions to and from the Site or made via the Site may not be secure.

IN NO EVENT SHALL INTREPID, ITS AFFILIATES OR THEIR RELATED PERSONS BE LIABLE TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY THEORY, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF IN CONNECTION WITH ANY ACCESS, USE (OR INABILITY TO USE) OR DISTRIBUTION OF THE SITE OR ANY CONTENT THEREIN, INCLUDING DAMAGES 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. THIS IS TRUE EVEN IF INTREPID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS INTREPID, ITS AFFILIATES AND THEIR RELATED PERSONS FROM ANY AND ALL DAMAGES RESULTING FROM YOUR USE OF THE SITE, YOUR VIOLATION OF OUR PRIVACY POLICY OR TERMS OF USE OR FROM ANY DECISIONS THAT YOU MAKE BASED ON INFORMATION POSTED ON THIS SITE.

8. Jurisdictional and Regulatory Notice

The laws of the State of New York govern the foregoing Privacy Policy and Terms of Use. Any dispute relating to Privacy Policy or Terms of Use or your use of the Site or the Content shall be resolved solely in the state or federal courts located in New York County, New York, or the United States District Court for the Southern District of New York located in New York County, New York. You agree to waive trial by jury in any such action.

Intrepid Partners, LLC, and affiliate of Intrepid, provides investment banking services in the United States. Intrepid Partners is not a retail broker-dealer, and does not solicit or carry accounts for, or offer or sell securities products to retail customers. Intrepid Partners is regulated by the Financial Industry Regulatory Authority, Inc. (www.finra.org). Intrepid Partners is a member of SIPC.

Last updated November 2015.

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