By accessing or using this Ehrenkranz Partners L.P. ("Ehrenkranz") web site (the "Site"), you hereby accept and agree to comply with the terms and conditions set forth in this User Agreement. This User Agreement is a binding agreement between you and Ehrenkranz, 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. If you have questions about the terms and conditions of this User Agreement, please contact Tinika Brown our Chief Compliance Officer at firstname.lastname@example.org or on (212) 891-8625 or Steven Davidson at email@example.com or on (212) 801-2306.
Ehrenkranz grants you a limited right to use the Site.
- Your right to use the Site is subject to your agreement to abide by this User Agreement in its entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site.
- At any time and for any reason Ehrenkranz 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.
The Site is owned by Ehrenkranz, its affiliates and/or third parties.
- 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 Ehrenkranz, 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 User Agreement.
- You may print copies of any accessible portion of the Site only for your own personal use. You may discuss information that you learn from the Site with your financial, legal or tax advisors.
- You may not remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site.
- You may not use the Site to advertise or perform any commercial solicitation.
You make certain representations and warranties regarding your use of the Site.
You represent and warrant that:
- You either (i) serve as a legal agent or interested party for such a person or entity which receives investment advice from Ehrenkranz ("Ehrenkranz Client"), (ii) or you are accessing the site with express permission of an Ehrenkranz Client for the sole purpose of monitoring, managing or advising on the investments of such Ehrenkranz Client ("Ehrenkranz Client Representative") or (iii) you are a consultant, advisor, vendor or other approved service provider of Ehrenkranz ("Ehrenkranz Service Provider") and are accessing this site as requested or approved by Ehrenkranz.
- You have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to this User Agreement;
- If you are an Ehrenkranz Service Provider that has entered into a written service agreement or other similar contract with Ehrenkranz, you agree that to the extent that such service agreement or contract conflicts with the terms of this User Agreement, the terms of the service agreement or contract shall control.
- If you are an Ehrenkranz Client or Ehrenkranz Representative, you have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of this User Agreement; and
- You will not delete any Content.
- You represent and warrant that:
All Content is for informational purposes only.
- Nothing on the Site is an offer or solicitation to buy or sell any security.
- Although 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.
- Ehrenkranz 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. You should rely on customized advice from financial advisors, accountants, or attorneys regarding your particular circumstances and needs.
- THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY OR INVESTMENT STYLE IS NOT INDICATIVE OF FUTURE PERFORMANCE AND ALL INVESTMENTS BEAR A RISK OF TOTAL LOSS.
- Reports reflecting balances and performance results for all managed accounts and non Ehrenkranz Fund Investments should be reviewed in conjunction with the disclosures included on such reports.
- In some instances asset valuations for the reporting period may not be available from underlying managers. In these instances, balances from the prior reporting period will be rolled forward.
- Performance return information is shown net of all fees and reflects reinvestment of all earnings. All indices shown are unmanaged, do not change fees or expenses, and are presented for comparative purposes only. Investors cannot invest directly in these indices. Affiliates of the managers of the investment partnerships shown manage other investment partnerships the results of which may not be shown here. Additionally, the investments listed within the site data may not constitute a complete list of your portfolio investments.
- The Change in Value of Investments is calculated on assets where transactions are tracked. The Other Increase (Decrease) values are calculated on assets based on addition, deletion, or change in carry value of an asset for which transactional data is not tracked, or from transfers of assets across investing entities.
There are various risks you assume in relying on the Content.
- Dated Content speaks only as of the date indicated; changes subsequent to the date indicated may not be fully reflected.
- Ehrenkranz makes reasonable efforts to provide accurate Content, but at times Ehrenkranz may not promptly update or correct the Site even if Ehrenkranz is aware that it is inaccurate, outdated or otherwise inappropriate.
- Ehrenkranz may change all or any portion of the Site at any time without notice to you.
- Ehrenkranz does not endorse the opinions of, or warrant the accuracy of facts or other Content contributed by, any third party.
- You agree that Ehrenkranz is not liable for any action you take or decision you make in reliance on any Content, provided, that the foregoing shall not be deemed to waive any right of action you may have against Ehrenkranz under the statutes administered by the Securities and Exchange Commission.
You must keep all Content and your user ID and password confidential.
- You may not disclose any Content to any third party, except to your financial, legal or tax advisors, and others with whom you share investment decisions.
- You are solely responsible for the confidentiality and security of your user ID and password. You accept full responsibility for any use of your user ID or password. You must notify Ehrenkranz immediately of any actual or suspected loss, theft or unauthorized use of your user ID or password.
- You may not use any robot, spider, scraper or other automated means to access the Site for any purpose.
- Ehrenkranz is not obligated to inquire as to the authority or propriety of any use of or action taken under your user ID or password. Ehrenkranz will not be responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions.
Ehrenkranz is not liable for any technological problems and any impact that it may have.
- All or any portion of the Site may not be available and may not function properly at any time.
- Ehrenkranz makes reasonable efforts to avoid technological problems, but at any time the Site may have and may cause technological problems such as viruses and other damaging computer programming routines or engines.
- You may not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
- Ehrenkranz makes reasonable efforts to ensure that the Site is secure but Ehrenkranz does not guarantee the security of the Site.
- Ehrenkranz is not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site.
- Ehrenkranz is not liable for any defects, delays or errors in or resulting from your use of the Site.
- Ehrenkranz disclaims liability for any interception of data or communications.
Ehrenkranz is not responsible for information on any third party web site that is referred in, or accessible or connected by hyperlink to, the Site.
- If you access any third party web site through the Site or otherwise, you do so at your own risk.
- Hyperlinks to or from the Site do not constitute third party endorsement of, sponsorship by or affiliation with us.
Ehrenkranz has the right but not the obligation to monitor and record activity on the Site and respond as it deems appropriate.
- Ehrenkranz may monitor and record activity on the Site for any reason or for no reason.
- Ehrenkranz may investigate any complaint or reported violation of Ehrenkranz's policies.
- Ehrenkranz may report any activity that Ehrenkranz suspects may violate any law or regulation to regulators, law enforcement officials or other persons or entities that Ehrenkranz deems appropriate.
- Ehrenkranz may issue warnings, suspend or terminate use of the Site, deny access to all or part of the Site or take any other action that Ehrenkranz deems appropriate.
You consent to receive electronic communications from Ehrenkranz.
- You affirmatively consent to receiving all communications that we provide in connection with our investment advisory services or that are required by applicable regulations via electronic means ("Electronic Delivery") which include, but are not limited to, all statements, reports, letters, agreements, notices, disclosures (including our Privacy Notice and Form ADV and any amendments or updates thereto), fund investment documentation, tax documents, amendments, consent requests and periodic billing.
- Electronic Delivery will most often consist of email communications that will notify you that such communications are available on this Site. For some communications, the email itself and its attachments may constitute the Electronic Delivery.
- We are no longer required to provide paper copies of documents and other communications to you unless you contact us or have previously contacted us to request paper copies. Should you submit a request for paper copies of any specific communication, we will mail the requested documentation to the primary mailing address for you that we have on file (or such other address provided by you) at no additional charge.
- Ehrenkranz reserves the right, at our option and in our sole discretion, to provide you with any communications on paper if we choose. We may also require that you provide certain communications to us on paper.
- You agree that by consenting to Electronic Delivery that you are certifying that you have the means to access, view and retain information that is provided to you via email or on this Site.
- It is your responsibility to provide us with an accurate email address and other contact information. If your email address or other contact information changes or needs to be updated for any reason please send an email to firstname.lastname@example.org or contact your client services representative immediately.
- We will continue to use Electronic Delivery as a means of communicating with you for as long as you are a client of our Firm (or an interested party of a client of our Firm) or until you withdraw your consent to Electronic Delivery.
- You may withdraw your consent to Electronic Delivery or request a paper copy of any specific communication by submitting a written request to the attention of our General Counsel, Tinika Brown, at our office address or at email@example.com, to your client services representative or to any partner at Ehrenkranz. Your withdrawal of consent will be effective after we have had a reasonable period of time to process your withdrawal. A paper copy of any communication that you request to receive on paper will be sent promptly following such request.
- You are consenting to Electronic Delivery with respect to all accounts held by you or for which you are an interested party. If you wish to exclude any specific account from this consent you must notify us in the manner described above.
EHRENKRANZ DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE THAT THE LAW ALLOWS IT TO DISCLAIM.
- THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE."
EHRENKRANZ DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE INCLUDING WARRANTIES OF
- FITNESS FOR A PARTICULAR PURPOSE AND
- NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS.
- WITHOUT LIMITING EHRENKRANZ'S GENERAL DISCLAIMER, EHRENKRANZ DOES NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT.
EHRENKRANZ'S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- IN NO EVENT WILL EHRENKRANZ OR ANY OF ITS AFFILIATES, AGENTS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED ARISING OUT OF THIS USER AGREEMENT, THE SITE, THE INABILITY TO USE THE SITE, OR TRANSACTIONS ENTERED THROUGH THE SITE.
- EHRENKRANZ'S LIABILITY IS LIMITED EVEN IF EHRENKRANZ HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES THAT YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE.
- UNDER ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF EHRENKRANZ, ITS AGENTS AND EMPLOYEES TO ANY USER OF THE SITE WITH RESPECT TO THE SITE IS $100.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE 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.
You will be responsible for any liability to Ehrenkranz that arises out of your breach of this User Agreement or your use of the Site.
- You agree to indemnify, defend and hold harmless Ehrenkranz 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 this User Agreement or any representation, warranty or covenant made by you in this User Agreement,
- 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 this User Agreement.
You agree to RESOLVE by arbitration any controversy arising between you and EHRENKRANZ AND/OR any of ITS respective CONTROL PERSONS, predecessors, subsidiaries, affiliates, successors, assigns and employees.
With respect to the resolution of any such controversy, you further acknowledge that:
- Arbitration is final and binding on the parties.
- The parties are waiving their right to seek remedies in court, including the right to jury trial.
- Pre-arbitration discovery is generally more limited than and different from court proceedings.
- The arbitrators' award is not required to include factual findings or legal reasoning and any party's right to appeal or to seek modification of rulings by the arbitrators is strictly limited.
- Any arbitration under this User Agreement shall be conducted in New York City before a panel of three (3) arbitrators pursuant to the JAMS Comprehensive Arbitration Rules and Procedures, except to the extent that such rules are modified by this User Agreement. Arbitration is initiated by a party serving the other party with a written demand for arbitration or a written notice of intention to arbitrate.
No person shall bring a putative or certified class action to arbitration nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until:
- the class certification is denied;
- the class is decertified; or
- the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this User Agreement except to the extent stated herein.
- With respect to the resolution of any such controversy, you further acknowledge that:
New York law governs this User Agreement.
- Any issue concerning the extent to which any dispute is subject to arbitration, or concerning the applicability, interpretation, or enforceability of these procedures, including any contention that all or part of these procedures are invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. All other issues shall be governed by the law of the State of New York, without regard to its choice of law rules.
You will be bound by revised versions of this User Agreement that Ehrenkranz posts on the Site.
- Modifications will be effective immediately upon posting unless Ehrenkranz indicates otherwise.
- Your use of the Site indicates your full acceptance of this User Agreement in its then-current form each time you use the Site.
You are bound by certain other general conditions.
- Ehrenkranz may assign this User Agreement in whole or in part at any time without your consent. You may not assign this User Agreement or delegate any of your obligations under this User Agreement. Any purported assignment of this User Agreement in violation of its terms is void.
- If any provision of this User Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of this User Agreement shall remain in full force and effect.
- This User Agreement constitutes the entire understanding, and supersedes all other understandings, between you and Ehrenkranz concerning the subject matter hereof.
- PLEASE NOTE THAT THIS USER AGREEMENT CONTAINS A PRE-DISPUTE ARBITRATION AGREEMENT, WHICH IS SET FORTH IN SECTION 15 ABOVE.
- THE ABOVE DISCLOSURES SHOULD BE CAREFULLY READ, UNDERSTOOD AND ACCEPTED BY YOU BEFORE YOU SIGN THIS USER AGREEMENT.