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TERMS OF USE

Please read carefully the Terms of Use and Privacy Policy below (collectively “Terms of Use”). Use of and access to this website and related sites (the “Site” or “Sites”) is conditioned on your acceptance of these Terms of Use. The Terms of Use is a binding agreement between you and Buckingham Capital Management, Inc. (“BCM”), and governs your access and use of the Site, which includes any text, graphics, user interfaces, visual interfaces, information, data, tools, products, services, and other content (together “Content”) and the design, structure, selection, coordination, expression and arrangement of the Content on or through the Site. By using or accessing any Site, you expressly acknowledge that you have read and understood these Terms of Use, and that you agree to be bound by them. If you do not agree to be bound by and subject to these Terms of Use, you are not permitted to use or access any of the Sites. You may contact BCM by e-mail (BCM-Compliance@Buckcap.com) with any questions about the terms and conditions of the Terms of Use.

The Sites are operated by BCM and its affiliates (“we,” “us” or “our”) who may modify these Terms of Use at any time and at our sole discretion, with or without advance notice. Each time you use or access any Site, you are responsible for being familiar with, and are agreeing to be bound by and subject to, the then-current version of this Terms of Use.

If you use or access (or attempt to use or access) any Site in any manner in violation or breach of this Terms of Use, neither BCM nor any of our associates or affiliates will be liable to you for any loss, liability or damage of any kind that may result to you or a third party (including without limitation, any direct, indirect, incidental or consequential loss or damage, or any loss of revenue, business profits, goodwill, data or any opportunity) in connection with any such use or access (or attempt to use or access) of any Site, and you will be fully responsible and liable for any and all damages, liabilities, losses of any kind to us or to any third party.

No Advice

ALL CONTENT IS FOR INFORMATIONAL PURPOSES ONLY. NOTHING ON THE SITE IS AN OFFER OR SOLICITATION TO BUY OR SELL ANY SECURITY. WHILE THE SITE MAY INCLUDE INVESTMENT RELATED INFORMATION, NOTHING ON THE SITE IS A RECOMMENDATION THAT YOU PURCHASE, SELL OR HOLD ANY SECURITY OR OTHER INVESTMENT, OR THAT YOU PURSUE ANY INVESTMENT STYLE OR STRATEGY. BCM DOES NOT GIVE ANY ADVICE OR MAKE ANY REPRESENTATIONS THROUGH THE SITE AS TO WHETHER ANY SECURITY OR INVESTMENT IS SUITABLE TO YOU OR WILL BE PROFITABLE. NOTHING ON THE SITE IS INTENDED TO BE AND YOU SHOULD NOT CONSIDER ANYTHING ON THE SITE TO BE, INVESTMENT, ACCOUNTING, TAX OR LEGAL ADVICE.

PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY OR INVESTMENT STYLE IS NOT INDICATIVE OF FUTURE PERFORMANCE.

Risk Factors

INVESTMENT IN ANY OF THE PRODUCTS AND/OR STRATEGIES DESCRIBED ON THE SITES CARRIES SUBSTANTIAL RISK, INCLUDING THE POSSIBLE LOSS OF PRINCIPAL. THERE IS NO GUARANTEE THAT THE INVESTMENT OBJECTIVES OF THE PRODUCTS AND/OR STRATEGIES WILL BE ACHIEVED AND RETURNS MAY VARY SIGNIFICANTLY OVER TIME. INVESTMENT IN THE FUNDS AND/OR STRATEGIES DESCRIBED ON THE SITES IS NOT SUITABLE FOR ALL INVESTORS.

OFFERING DOCUMENTS CONTAIN RISK WARNINGS THAT ARE SPECIFIC TO EACH PRODUCT THAT MAY BE DESCRIBED ON THE SITES.

INVESTORS SHOULD ONLY INVEST ONCE THEY HAVE THOROUGHLY REVIEWED THE PROSPECTUS AND KEY INVESTOR INFORMATION OR OTHER OFFERING DOCUMENT AND CAREFULLY CONSIDERED THE RELEVANT INVESTMENT OBJECTIVES, RISKS, CHARGES AND FEES. INVESTORS MAY WISH TO CONSULT AN INDEPENDENT FINANCIAL ADVISOR FOR PERSONAL AND SPECIFIC INVESTMENT ADVICE BEFORE INVESTING.

Site and Content

Content on the Sites are directed only at persons or entities in the jurisdiction(s) where access to such Content and use of such Content is not contrary to any applicable law or regulation.

Content is provided by BCM and certain third parties, and is for information purposes only. Content has been obtained from, or is based on, sources believed by BCM to be reliable, but Content is not guaranteed as to its accuracy or completeness. Content is current only as at the date it is first posted and may no longer be true or complete when viewed by you. Additionally, the Content may be changed or amended without prior notice, but BCM does not undertake any obligation to update any Site or Content.

The Site is owned by BCM and its affiliates. The Site is protected by one or more copyrights, patents, database rights, trademarks, servicemarks and/or other intellectual property and proprietary rights that are owned by BCM, its affiliates and/or third parties. You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site; you may not publish, broadcast, retransmit, reproduce, repackage, frame, commercially exploit, create any derivative of or otherwise redistribute all or any portion of the Site except as explicitly permitted in this Terms of Use; you may not remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site.

The Sites may be linked to third party websites or contain Content provided by third parties. BCM is not responsible for information on any third party website that is referred in, or accessible or connected by hyperlink to, the Site.

Site Access

BCM grants you a limited right to use the Site conditioned on the following:

  • Right to use the Site is subject to your agreement to abide by the Terms of Use in its entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site.
  • All Content must be treated by you as confidential, and you must not share your log-in name and password. You are responsible for a third party’s conduct when using your log-in name or password.
  • You must notify BCM immediately if you suspect any unauthorized use of any Site or of your log-in name and/or password.
  • You may not use anyone else’s log-in name or password.
  • You may not disclose any Content to third parties, except to your financial, legal or tax professionals, and others with whom you reasonably share investment decisions. Anyone that you disclose Content to is bound by this Terms of Use.
  • Any time and for any reason we may revoke your right to use all or any portion of the Site.
  • You may not violate or attempt to violate the security of the Site.

You are responsible for ensuring that any information that you provide to BCM as part of the registration process is true, complete, and accurate, and is kept up to date at all times; you will notify BCM immediate of any changes. Failure to provide us with accurate information during the registration process and update us of any changes, shall be treated as a material breach of the Terms of Use, and may result in violation of applicable law.

It may be unlawful to access or download the information contained in a Site in certain jurisdictions and (to the extent permitted by the law) we disclaim all responsibility if you access or download any information from the Site in breach of any law or regulation of the jurisdiction in which you reside or are then present.

Your representations and warranties regarding use of the Site:

  • You have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to this Terms of Use.
  • You have not and you will not enter into any agreement or perform any act which might contravene the purpose and/or effects of the Terms of Use.
  • You will not delete any Content.
  • Content may contain information, including terms, relating to products in which you are not currently invested. By accessing the Site, you acknowledge that you have requested the Content be made available to you and that this request does not arise from BCM marketing.

Limitations on Use

You represent, warrant and covenant that you will not, and will not permit any third party to use any Site or any Content to conduct or engage in unlawful practices; violate any law or regulation, violate, misappropriate or infringe upon BCM’s rights or the rights of any third party, including without limitation, contractual rights, intellectual property rights, and privacy rights.

BCM reserves the right to monitor your use of the Sites to provide guidance and assistance in the use of the Sites, and to monitor your compliance with these Terms of Use. You acknowledge, and hereby consent to, such monitoring. BCM reserves the right to terminate your access to and use of any or all Sites if, in our sole reasonable determination, you have violated or breached any of the terms or conditions contained within the Terms of Use.

Disclaimers

BCM DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE THAT THE LAW ALLOWS IT TO DISCLAIM. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. BCM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. WITHOUT LIMITED OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT. BCM’S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE INTERNET IS NOT A COMPLETELY RELIABLE TRANSMISSION MEDIUM, AND WE ARE NOT AND SHALL NOT BE LIABLE FOR ANY DATA TRANSMISSION ERRORS SUCH AS DATA LOSS, DAMAGE OR ALTERATION OF ANY KIND. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY SITE OR ANY CONTENT CONTAINED THEREIN.

YOU WILL BE RESPONSIBLE FOR ANY LIABILITY TO BCM THAT ARISES OUT OF YOUR BREACH OF THE TERMS OF USE OR USE OF THE SITE. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS BCM AND ITS AFFILIATES, AGENTS, EMPLOYEES AND THIRD PARTY SOURCES FROM AND AGAINST ANY AND ALL SUITS, LOSSES, CLAIMS, DEMANDS, LIABILITIES, DAMAGES, COSTS AND EXPENSES (including reasonable attorneys’ fees) THAT ARISE FROM OR RELATE TO YOUR USE OF THE SITE; YOUR BREACH OF THE TERMS OF USE OR ANY REPRESENTATION, WARRANTY OR COVENANT MADE BY YOU IN THE TERMS OF USE; YOUR VIOLATION OF ANY APPLICABLE LAW, STATUTE, ORDINANCE, REGULATION OR OF ANY THIRD PARTY’S RIGHTS; OR CLAIMS ASSERTED BY THIRD PARTIES WHICH, IF PROVEN, WOULD PLACE YOU IN BREACH OF REPRESENTATIONS, WARRANTIES, COVENANTS OR OTHER PROVISIONS CONTAINED IN THE TERMS OF USE.

YOU WILL BE BOUND BY REVISED VERSIONS OF THE TERMS OF USE. MODIFICATIONS WILL BE EFFECTIVE IMMEDIATELY UPON POSTING, UNLESS OTHERWISE INDICATED. YOUR USE OF THE SITE INDICATES YOUR FULL ACCEPTANCE OF THE TERMS OF USE IN ITS THEN CURRENT FORM EACH TIME YOU USE THE SITE.

Governing Law and Enforcement

In the event any provision or portion of the Terms of Use is held to be invalid or unenforceable for any reason, in whole or in part, the remaining provisions and/or portions shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law. Your access to and use of the Sites and the Terms of Use are governed by the laws in effect in the State of New York without regard to the conflicts of law provisions thereof, and disputes arising from or related to your access to and use of the Sites shall be adjudicated exclusively in a forum located in the State of New York, and each party irrevocably consents to such jurisdiction and waives any claim of inconvenient forum.

 Privacy Policy

This privacy policy explains the manner in which Buckingham Capital Management, Inc. (“BCM”) collects, utilizes and maintains nonpublic personal information as provided by you, as required under recently enacted U.S. federal legislation.

BCM collects personal information about its investors mainly through the following sources:

  • Subscription forms, investor questionnaires and other information provided by the investor in writing, in person, by telephone, electronically or by any other means. This information includes name, address, nationality, tax identification number, and financial and investment qualifications; and
  • Transactions within a BCM Strategy, including account balances, investments and withdrawals.

BCM does not sell or rent investor information.  BCM does not disclose nonpublic personal information about its strategies to nonaffiliated third parties or to affiliated entities, except as permitted by law and as set forth below.  For example, BCM may share nonpublic personal information in the following situations:

  • To service providers in connection with the administration and servicing of BCM, which may include attorneys, accountants, auditors and other professionals.  BCM may also share information in connection with the servicing or processing of Partnership transactions;
  • To affiliated companies in order to provide you with ongoing personal advice and assistance with respect to the products and services you have purchased through BCM and to introduce you to other products and services that may be of value to you;
  • To respond to a subpoena or court order, judicial process or regulatory authorities;
  • To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities; and
  • Upon consent of an investor to release such information, including authorization to disclose such information to persons acting in a fiduciary or representative capacity on behalf of the investor.

BCM’s policy is to require that all employees, financial professionals and companies providing services on its behalf keep client information confidential.

BCM maintains safeguards that comply with federal standards to protect investor information.  BCM restricts access to the personal and account information of investors to those employees who need to know that information in the course of their job responsibilities.  Third parties with whom BCM shares investor information must agree to follow appropriate standards of security and confidentiality.

BCM’s privacy policy applies to both current and former investors.  BCM may disclose nonpublic personal information about a former investor to the same extent as for a current investor.

BCM maintains physical, electronic, and procedural safeguards to safeguard nonpublic personal information. BCM directs third parties performing services for BCM, such as accountants, attorneys, auditors, brokers, consultants, temporary workers, and the third party administrator, to protect nonpublic personal information to the substantially similar methods as BCM and to use only such information to provide services contracted to perform.

BCM may make changes to its privacy policy in the future.

This website may use “cookies”, which from time to time automatically certain information and data. The data identifies you as a unique user and facilitates your ongoing access to and use of this website.

If you have any questions or comments about BCM’s privacy policy, please contact us at BCM-Compliance@buckcap.com.