Website Terms of Use 

Terms

The terms and conditions of use set forth herein apply to this website (collectively, the “Site”).

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE. By using the Site, you acknowledge that you have read these terms and conditions of use and you agree to be bound by them without limitation or qualification. If you do not agree to these terms and conditions of use, you do not have our consent and should exit the Site immediately. Cercano Management LLC (“Cercano”) and its affiliates (together with Cercano, “us,” “we” or “our”) reserves the right, at our discretion, to change, modify, add or remove portions of these terms at any time. Therefore, we suggest that you review these terms periodically for changes. By using our Site after we have posted changes to these terms and conditions of use, you are agreeing to be bound by these terms as amended.

 

Disclaimer

NOTHING CONTAINED IN THE SITE CONSTITUTES INVESTMENT, LEGAL OR TAX ADVICE. NEITHER THE INFORMATION, NOR ANY OPINION CONTAINED IN THE SITE CONSTITUTES A SOLICITATION OR OFFER BY CERCANO, ANY OF ITS AFFILIATES OR ANY FUND OR OTHER ENTITY MANAGED DIRECTLY OR INDIRECTLY BY ANY OF THE FOREGOING, TO BUY OR SELL ANY SECURITIES, FUTURES, OPTIONS OR OTHER FINANCIAL INSTRUMENTS. DECISIONS BASED ON INFORMATION CONTAINED ON THE SITE ARE THE SOLE RESPONSIBILITY OF THE VISITOR, AND AS CONSIDERATION FOR ACCESS TO THE SITE, YOU AGREE TO HOLD CERCANO AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY CLAIMS WHATSOEVER AND OF ANY NATURE FOR DAMAGES ARISING FROM ANY DECISIONS THAT YOU MAKE BASED ON SUCH INFORMATION.

 

THE MATERIALS IN THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND (EITHER EXPRESS OR IMPLIED). TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CERCANO AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

Restrictions on Use of Materials

Unless otherwise expressly noted, all information and materials, including, without limitation, images, illustrations, designs, icons, photographs, video clips, and written and other materials, that are part of the Site are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by Cercano and/or its affiliates. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way; provided, however, that you may download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact and properly display all copyright and other proprietary notices. You may not distribute, modify, transmit, reuse, repost, or use the content of the Site, including, without limitation, any text, images, audio and video, for public or commercial purposes without Cercano’s written permission. Modification or use of the information or materials for any other purpose will violate the copyright and/or intellectual property rights of Cercano and/or its affiliates. Neither Cercano nor any of its affiliates will treat users of this Site as its clients by virtue of their accessing this Site.

 

Jurisdictional Issues

Unless otherwise specified, the materials in or accessible through the Site are directed at residents of the United States, its territories, possessions, and protectorates. The Site is controlled and operated by Cercano Management LLC from its offices within the State of Washington, United States of America. Neither Cercano nor any of its affiliates makes any representation that materials in or accessible through the Site are appropriate or available for use in other locations or that access to them where their content is located is not illegal and prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable. You may not use or export the information or materials in violation of U.S. export laws and regulations. The information provided in or accessible through the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Cercano and/or its affiliates to any registration or other requirement within such jurisdiction or country.

 

Transmissions to and from the Site

Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the www.cercanolp.com domain name or made via this site may not be secure. Communications to Cercano, particularly those containing confidential information, should be sent by mail to: Cercano Management LLC, C/O Legal Department 1110 112th Ave NE, Bellevue, WA 98004. Cercano and its affiliates will be free to use, for any purpose, without any compensation due or payable to you, any ideas, concepts, know-how or techniques provided by a Site user to Cercano through the Site.

 

Privacy and Security

For information on how Cercano uses and protects the personal information you may provide on this site, please click on the link to “Privacy Policy” to access explanations of Cercano’s Internet privacy policy and security measures. You may not use this site to collect or harvest personal information about other persons or otherwise use the site in a manner that is inconsistent with their privacy or personal data protection rights.

[Linked Sites]

[You may access from this site, by means of the client log-in screen, Web pages hosted by Cercano that provide you with information concerning your account and investments, as well as other Web sites hosted by third parties. Should you leave this site via the client login screen or another link contained herein, you do so at your own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by Cercano. Cercano is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided by Cercano or any other third party on external Web pages or sites, whether such damages or losses are actual, alleged, consequential or punitive. Links to third party hosted Web sites shall not constitute an endorsement of, or representation or warranty by Cercano regarding the content, products, services or the operators of such Web sites. Your access to and use of such linked Web sites is governed by the terms of use and privacy policies of those sites, and shall be at your own risk. Cercano disclaims responsibility for the privacy policies and customer information practices of third-party internet Web sites hyperlinked from our Web site.]

Linked Sites

You may access from this site, Web sites hosted by third parties. Should you leave this site via another link contained herein, you do so at your own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by Cercano. Cercano is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided by Cercano or any other third party on external Web pages or sites, whether such damages or losses are actual, alleged, consequential or punitive. Links to third party hosted Web sites shall not constitute an endorsement of, or representation or warranty by Cercano regarding the content, products, services, or the operators of such Web sites. Your access to and use of such linked Web sites is governed by the terms of use and privacy policies of those sites and shall be at your own risk. Cercano disclaims responsibility for the privacy policies and customer information practices of third-party internet Web sites hyperlinked from our Web site.

Termination

These terms are effective until terminated by Cercano, provided that you may terminate these terms at any time only by destroying all information and materials obtained by you or on your behalf from the Site and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Such termination by you will not be effective if Cercano, in its sole discretion and without notice to you or otherwise, determines that you have failed to comply with any term or provision of these terms. Upon any termination of these terms, you must destroy all information and materials obtained by you or on your behalf from the Site and all copies and installations thereof, whether made under the terms of these terms or otherwise.

 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CERCANO AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY WHATSOEVER FOR ERRORS AND OMISSIONS IN ANY INFORMATION OR MATERIALS, AND FOR ANY USE OR INTERPRETATION BY OTHERS OF ANY INFORMATION OR MATERIALS, CONTAINED IN OR ACCESSIBLE THROUGH THE SITE.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CERCANO OR ANY OF ITS AFFILIATES BE LIABLE IN ANY RESPECT WHATSOEVER FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE INFORMATION AND MATERIALS IN OR ACCESSIBLE THROUGH THE SITE, EVEN IF CERCANO OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING, AND IN ADDITION TO THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY (IF ANY) OF CERCANO AND ITS AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

 

Waiver

No waiver by Cercano or any of its affiliates of any right under or term or provision of these terms and conditions will be deemed a waiver of any other right, term or provision of these terms and conditions at that time or a waiver of that or any other right, term or provision of these terms and conditions at any other time.

Governing Law and Consent to Jurisdiction

THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON. YOU AGREE THAT ANY DISPUTE OR ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL BE COMMENCED ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF ANY SUCH DISPUTE OR ACTION.

 

Other

If any provision of these terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. The preceding terms and conditions represent the entire agreement between Cercano and its affiliates, on the one hand, and you, on the other, relating to the subject matter hereof.

 

Cercano Management LLC: Online Terms and Conditions Statement: Last updated September 2022