Disclaimers and Terms of Use
Terms of Use and Legal Information
By accessing this site, you signify your agreement with and understanding of the following Terms of Use pertaining to both this site and any material contained therein. This site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this site constitutes your agreement to all such terms, conditions, and notices. Carrick Capital Management Company (“Carrick Capital”) reserves the right to change the terms, conditions, and notices under which this site is offered without prior notice at any time.
Ownership of Site and Trademarks/Lawful Use
Carrick Capital owns and maintains this site. Nothing at this site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any photograph, image, trademark, logo or service mark at the site. No act of downloading or otherwise copying from this site will transfer title to any software or material at this site to you. Anything that you transmit to this site becomes the property of Carrick Capital, may be used by Carrick Capital for any lawful purpose, and is further subject to disclosure as deemed appropriate by Carrick Capital, including to any legal or regulatory authority to which Carrick Capital is subject. Carrick Capital reserves all rights with respect to copyright and trademark ownership of all material at this site, and will enforce such rights to the full extent of the law. This site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products, or services obtained from this site.
No Offer of Securities – Disclosure of Interests
Under no circumstances should any material at this site be used or considered as an offer to sell or a solicitation of any offer to buy an interest in any securities or investment fund. The material on this website does not constitute, and may not be used in connection with, an offer or solicitation by anyone in any jurisdiction in which such offer or solicitation is not permitted by law or in which the person making such offer or solicitation is not qualified to do so or to any person to whom it is unlawful to make such offer or solicitation. Access to information about any accounts is limited to investors who, among other requirements, either qualify as accredited investors within the meaning of the Securities Act of 1933, as amended, or those investors who generally are sophisticated in financial matters, such that they are capable of evaluating the merits and risks of prospective investments.
No Reliance
While Carrick Capital uses reasonable efforts to update the information on this site, Carrick Capital makes no representations or warranties as to the accuracy, reliability or completeness of any information at this site. Opinions, advice and any other content at this website, including the terms and conditions of your use of this service, are subject to change without notice or liability.
Material to be Consulted in its Entirety
All materials at this site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
Cookies
This website may utilize “cookies.” A cookie is an element of data that a website can send to your browser and store on your computer’s hard drive. They are used by Carrick Capital to determine user activity throughout its website (such as specific pages visited, time spent on those pages, and frequency of visits). Carrick Capital uses this information to analyze usage patterns and, more importantly, to provide you with a more rewarding experience each time you visit the Carrick Capital website. Carrick Capital does not use cookies to store or transmit any personally identifiable information about you on the Internet.
No Warranty
The materials in this site are provided “as is” without warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law. Carrick Capital further assumes no responsibility for, and makes no warranties that, functions contained at this site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available will be free of viruses or other harmful components. Carrick Capital shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed, on your computer or other property on account of your accessing or use of this site. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
Limitation of Liability
IN NO EVENT SHALL CARRICK CAPITAL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFIT, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR THE MATERIAL CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE. IN NO EVENT SHALL CARRICK CAPITAL TOTAL LIABILITY FOR ANY AND ALL DAMAGES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE USE OF THIS WEBSITE.
Certain laws do not allow limitations or implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
Severability
In the event any of the terms or provisions of these terms and conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These terms and conditions shall be subject to any other agreements you have entered into with Carrick Capital.
Disputes
All claims, disputes or disagreements which may arise out of the interpretation, performance or in any way relating to your use of this site and any and all other Carrick Capital site(s), shall be submitted exclusively to the jurisdiction of the State or federal courts located in the State of California and the County of San Francisco. In the event any portion of these Terms of Use is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of these Terms of Use and, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of these Terms of Use. You agree that your breach of these Terms of Use may result in irreparable harm to Carrick Capital which cannot be compensated by money damages, and that Carrick Capital shall be entitled to obtain injunctive relief for any such breach.
Global Dealing Restrictions
The materials and services at this website are intended for U.S. persons only. Carrick Capital makes no representation that this website is appropriate for use in all locations, or that transactions, securities, products, instruments or services discussed at this website are available or appropriate for sale or use in all jurisdictions, or by all investors or counter parties. Those who access this website are responsible for compliance with applicable local laws or regulations. No software at this website may be downloaded or otherwise exported in contravention of U.S. Department of Treasury or U.S. Department of Commerce regulation.
Applicable Law
These terms and conditions shall be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and entirely to be performed within the State of California without resort to its conflict of law provisions.
Disclaimers
The information contained herein is not investment advice.
Any specific project or investment listed or discussed is not intended to be representative of any or all investments made, sold or recommended for Carrick Capital’s advisory clients. One should not assume that all investments in the projects identified are or will be profitable.
WHAT DOES CARRICK CAPITAL DO WITH YOUR PERSONAL INFORMATION?
Financial companies choose how they share your personal information. Federal law gives our clients the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. We do not disclose nonpublic personal information about our clients or former clients to third parties other than as described below.
Personal information we collect. We may collect information about you (such as your name, address, social security number, assets, income, investment experience, transaction history and wire transfer instructions) in connection with our providing investment advisory services to you. Users of our website may provide information regarding their use of our website and their email and domain information.
How we collect this information. We collect this information from you through various means. For example when you give us your contact information, enter into an investment advisory contract with us, buy securities (i.e., interests/shares in a fund) from us, tells us where to send money, make a wire transfer or from our discussions with you. We may also collect this information electronically through your use of this website. We may also collect your personal information from other sources, such as our affiliates[1] or other non-affiliated companies.
How we use this information. All financial companies need to share customers’ personal information to run their everyday business and we use the personal information we collect from you for our everyday business purposes. These purposes may include for example: to provide advisory services to you, to open an account for you, to process a transaction for your account, to market products and services to you, to respond to court orders, regulatory inquiries and legal investigations.
Disclosure to others. In order to service your account and effect your transactions, we may provide your personal information to our affiliates and to firms that assist us in servicing your account and have a need for such information, such as a broker or fund administrator. We may also disclose such information to service providers and financial institutions with whom we have joint marketing arrangements (i.e., a formal agreement between nonaffiliated financial companies that together market financial products or services to you, such as placement agents). We require third-party service providers and financial institutions with which we have joint marketing arrangements to protect the confidentiality of your information and to use the information only for the purposes for which we disclose the information to them. These sharing practices are consistent with Federal privacy and related laws, and in general, you may not limit our use of your personal information for these purposes under such laws. We note that the Federal privacy laws only give you the right to limit the certain types of information sharing that we do not engage in (e.g., sharing with our affiliates certain information relating to your transaction history or creditworthiness for their use to market to you, or sharing any personal information with nonaffiliates for them to market to you).
How we protect your personal information. To protect your personal information from unauthorized access and use, we use security measures that comply with Federal law. We restrict access to nonpublic personal information about you to our employees who need to know that information to provide products or services to you. We also maintain physical, electronic and procedural safeguards.
Who is providing this Privacy Notice. Carrick Capital Management Company, LLC
Who to contact with questions. If you have any questions about this Privacy Notice, call (415) 432-4100.