Terms of Use
By downloading, accessing or using this website (“Website”), you consent to the following terms and conditions of use (this “Terms of Use”), without limitation or qualification. If you do not agree to these terms, do not use this Website.
By using this Website, you consent to 850 Third Ave Owner, LLC (“850 Third Ave”) using and collecting any information relating to your use of the Website, in accordance with the terms and conditions of this Terms of Use and our Privacy Policy (collectively, our “Policy”).
Our Privacy Policy provides information on how we process any personal information that we collect from you, or that you provide to us, and is incorporated into this Terms of Use. If you have any questions regarding our use of your personal information, please refer to our Privacy Policy or contact our compliance department at christian.pfaff@cushwake.com.
850 Third Ave may change the Policy from time to time, and any modifications will, subject to applicable law, be effective immediately upon posting, unless 850 Third Ave indicates otherwise. Accordingly, please continue to review this Terms of Use and our Privacy Policy whenever accessing or using this Website. Use of this Website after the posting of modifications to our Policy will, to the extent permitted under applicable law, constitutes your acceptance of our Policy as modified. Unless otherwise expressly stated, this Terms of Use concerns only the Website and does not concern your interaction with 850 Third Ave in any other matter other than your use of the Website.
No Offer
The information, tools and materials presented in this Website are provided to you for informational purposes only and are not intended to be, and should not be, used or considered as an offer, recommendation or a solicitation to sell, or an offer, recommendation or solicitation to buy or subscribe to any financial instruments, investment management services or advisory services.
No Advice
This Website does not intend to provide investment, tax or legal advice. Decisions based on information contained in this Website are your sole responsibility, and you should consult a business advisor, attorney, and/or tax and accounting advisors as need.
Interpretation of Information
Any performance data quoted on this Website represents past performance and is no guarantee of future results. All materials contained within this Website are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices.
Links to Third-Party Sites
The Website may contain links to sites owned and operated by other parties that are not affiliated with 850 Third Ave. 850 Third Ave is not responsible for and has no control over the privacy policies or content of those sites. 850 Third Ave encourages you to review the privacy policies of those sites prior to providing them with any information. 850 Third Ave cannot provide any warranty about the accuracy or source of information found on any third-party site or the content of any file you might choose to download from such sites.
Ownership of Content
The materials on this website are confidential and constitute valuable intellectual property and trade secret rights of 850 Third Ave, and shall not be used except as expressly permitted herein. All text, images, graphics, sounds and software code (“Content”) on the Website are the property of 850 Third Ave or its affiliates. Content may only be used for the personal education of visitors to the Website. You may not reproduce, redistribute, publish or otherwise use by electronic or any other means any of the Content without the prior written consent of 850 Third Ave.
Trademarks
850 Third Ave and other related marks indicated on this Website may not be used or displayed without the prior written consent of 850 Third Ave or its affiliates. All other trademarks, service marks and company names and logos appearing on the Website are the property of their respective owners.
Restrictions on Use
This Website may not be used for any unlawful purpose or in any manner inconsistent with our Policy. This Website may not be used in any manner that could compete with the business of 850 Third Ave. You agree not to violate, or attempt to violate, the security of this site, including by transmitting any material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of this Website. You agree that if you or any of your employees or agents are given any digital certificate(s), user name(s), and/or password(s) which may be required to access or use any electronic services (collectively, “Credentials”), (a) you shall take all necessary actions to preserve the confidentiality of such Credentials; (b) you shall restrict access to the Credentials to those persons who are duly authorized to act on your behalf; (c) you shall notify 850 Third Ave immediately in the event any such Credentials are lost, stolen, or the confidentiality of any such Credentials has been compromised in any way or the authority of any person to act on your behalf has been revoked or limited; and (d) you are responsible for and will be bound by all statements made and instructions, assents and consents communicated under any such Credentials, to the same extent that the same was under your duly signed writing.
Disclosure for Users in Countries Outside of the United States
850 Third Ave makes 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
Opinions and/or estimates on the Website reflect a judgment at the original date of publication by 850 Third Ave and are subject to change without notice. This Website is subject to periodic update and revision. 850 Third Ave reserves the right, in its sole discretion, without any obligation and without any notice, to change, modify or delete the information, materials and descriptions on this Website and to suspend or deny access to it. 850 Third Ave may discontinue or change any strategies, product or services described on this Website at any time. Materials should only be considered current as of the date of initial publication, without regard to the date on which you may access the information.
You expressly acknowledge and agree that:
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 under applicable law, 850 Third Ave 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, and non-infringement.
850 Third Ave 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 this Website available are free of viruses or other harmful components; or (vi) any errors in the site will be corrected.
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 850 Third Ave or any of its affiliated companies or any of their respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction.
No advice or information, whether oral or written, obtained by you from us or through or from this Website or any of the services available on this Website shall create any warranty not expressly stated in our Policy.
Limitation of Liability
850 Third Ave and its affiliates, officers, directors, shareholders, agents, partners and employees shall not be liable for any claims, liabilities, losses, costs or damages, including but not limited to any direct, indirect, incidental, special and consequential damages (“Damages”) (even if 850 Third Ave had been advised of the possibility of any such Damage), resulting from any access, use (or the inability to use) or distribution of the Website; 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 related to 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. If you are dissatisfied with any portion of the Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this Website.
Applicable Law
Our Policy will be governed by and construed in accordance with the laws of the State of New York, 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 New York County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS WEBSITE OR OUR POLICY.