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Terms Of Use and Privacy Policy

These Terms of Use apply to each of the pages of this website (collectively, the “Site”).

Please read these Terms of Use carefully before using this Site. These Terms of Use represent the entire understanding and a binding agreement between Tellefsen and Company, L.L.C., and its subsidiaries and affiliates (collectively referred to as “TELLEFSEN” or “we/us/our”) and you regarding your use of this Site, including any information, data, tools, products, videos, services, and other content (collectively, the “Content”). These Terms of Use supersede any prior statements or representations between you and us. This Site’s Privacy Policy is incorporated into these Terms of Use by reference and is made a part hereof.

 

By using or accessing this Site, you agree to these Terms of Use, without qualification or limitation. If you do not agree to abide by these Terms of Use, please leave this Site immediately. If you have any questions or comments in relation to these Terms of Use or the Privacy Policy, please contact us before using or accessing this Site. Each time you use this Site, your use indicates your full acceptance of and agreement to abide by these Terms of Use as well as any subsequent revisions. We reserve our right to revise these Terms of Use in our sole and absolute discretion. Therefore, you should periodically visit these Terms of Use to review their then current form as they might have changed.

 

At any time and for any reason we may revoke your right to use all or any portion of this Site.

 

Contact Us at:

Tellefsen and Company, L.L.C.

info@Tellefsen.com

 

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 TELLEFSEN from its offices within the Commonwealth of Massachusetts, United States of America.  TELLEFSEN makes no representation that material in or accessible through the Site is 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 material 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 TELLEFSEN to any registration or other requirement within such jurisdiction or country.

 

Content

All Content owned by TELLEFSEN and/or other respective owners, and are protected by copyright and other applicable laws worldwide. All Content is for informational purposes only. Dated Content speaks only as of the date indicated. We may modify the Content at any time and without notice to you. You are permitted to review, store, and/or print one single, unaltered copy of the Content for your personal, non-commercial use. Otherwise, all other use of the Content, including any distribution, circulation, transmission, reproduction, publication, display, or modification of the Content, in whole or in part, in any medium, is strictly prohibited. If you review, store, and/or print any Content from this Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information. All rights in the Content are expressly reserved.

 

Representations and Warranties Regarding Your Use of the Site

You represent and warrant that: (i) You have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to these Terms of Use; (ii) You have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of these Terms of Use; (iii) in connection with your use of the Site, you will not employ any virus or other computer programming routine or engine that is intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (iv) all information that you provide in connection with your use of the Site is true and complete.

 

You assume following risks in using the Site:

  • TELLEFSEN makes no guarantees, promises or assurances regarding the Site.

  • Nothing on this Site should be construed as investment advice and making investments based on any information found on this Site may result in investment losses, of which TELLEFSEN is not responsible for.

  • There are many market, currency, economic, political, business, technological and other risks that are beyond TELLEFSEN’s control.

  • TELLEFSEN makes commercially reasonable efforts to provide accurate Content on the Site. However, some Content and some of the assumptions, formulas, algorithms, and other data that impact the Content may be inaccurate, outdated or otherwise inappropriate.

  • Some Content and some of the data used in the Content come from third parties. TELLEFSEN believes that these third parties are reliable but is not responsible for any third-party information.

  • Any projections contained on the Site reflect the views of management only at the time originally made, and are subject to various risks, uncertainties and other factors that could cause materially different results. TELLEFSEN does not intend to update projections.

  • TELLEFSEN may change any portion of the Site at any time without notice to you.

  • TELLEFSEN is not liable for any damages or loss to you resulting from these or other risks.

Trademarks

This Site and all its content including, all trademarks, service marks, trade names, logos, and icons are proprietary to TELLEFSEN. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Site without the prior written permission of TELLEFSEN or such third party that may own the trademarks displayed on this Site. Your use of the trademarks displayed on this Site, or any other content on this Site, except as provided herein, is strictly prohibited.

 

Links to Other Websites

From time to time, this Site may contain links to other websites that are not controlled and/or maintained by TELLEFSEN. Access to and use of such other websites is at your own risk and subject to any terms and conditions, which govern such websites. By providing such links, TELLEFSEN shall not be deemed to endorse, recommend, approve, guarantee, or introduce any third parties or their services or products, or any facts, views, advice, information and/or products found on such websites. TELLEFSEN is not responsible for the content contained on any such websites, or for the failure of any product or service offered for sale or advertised on any such websites or for any damages that may result therefrom. Copyrights in the materials or information on the linked websites are owned by other organizations. Moreover, such other websites may have privacy policies or terms and conditions that differ from those of TELLEFSEN and/or may provide their users with less security than this Site. Any use of such other address, link and/or hyperlink is undertaken at your own risk and liability. You agree not to link any websites to this Site without the express prior written consent of TELLEFSEN.

 

Additional/Different Terms

Certain pages or sections of this Site may contain terms and conditions which are in addition to or different from these Terms of Use. In the event that there is a conflict between such additional or different terms and conditions and these Terms of Use, the additional or different terms and conditions will govern with respect to the specific pages or sections to which they apply.

 

Disclaimer and Limitation of Liability

THIS SITE AND ALL OF THE CONTENT ARE MADE AVAILABLE BY TELLEFSEN “AS IS,” “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR ACCURACY, SECURITY OF INFORMATION, OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. TELLEFSEN MAKES NO WARRANTY THAT THIS SITE, IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS. USERS OF THIS SITE ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY AND PERFORMANCE OF THIS SITE AND THE CONTENT AND ACKNOWLEDGE THAT THIS SITE AND THE CONTENT MAY BE REVISED, ALTERED AND CHANGED FROM TIME TO TIME IN THE SOLE DISCRETION OF TELLEFSEN. TELLEFSEN DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY WEBSITE REFERRED OR LINKED TO HEREIN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TELLEFSEN ASSUMES NO LIABILITY FOR LOSS OR DAMAGE RESULTING FROM ANY USE OF OR RELIANCE UPON THIS SITE OR THE CONTENT. IN NO EVENT WILL TELLEFSEN BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR CLAIMS (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS SITE, THE CONTENT, THE USE THEREOF, OR THE INABILITY TO USE THIS SITE, EVEN IF TELLEFSEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF ANY WARRANTY DISCLAIMER OR LIMITATION ON LIABILITY IN THESE TERMS OF USE IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF TELLEFSEN UPON ANY CLAIM (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF THIS SITE, ITS USE OR THE CONTENT SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00).

 

TELLEFSEN is not responsible for any damages or loss related to your reliance on an outdated version of these Terms of Use or the Privacy Policy.

 

Certain jurisdictions prohibit the limitation or exclusion of liability and disclaimers for certain types of damages or prohibit waivers against future fraud, and accordingly, such limitations or waivers may not apply to you. In such jurisdictions, TELLEFSEN’s liability is limited to the greatest extent allowable under applicable law.

Accessing, Transmitting and Downloading

 

TELLEFSEN is not responsible for any damages incurred as a result of any interruption, transmission blackout, delayed transmission or incorrect data transmission over the Internet.

 

TELLEFSEN does not warrant or represent that this Site will meet your requirements, that access will not be interrupted or delayed, that there will be no failures, errors or omissions or loss of transmitted information, that no viruses will be transmitted or that no damage will occur to your computer system. We do not guarantee that this Site will be compatible with all or any hardware and software which you may use.

Your Responsibilities

By using or accessing this Site, you agree that you will be responsible for maintaining the confidentiality of your password and account information, and that you will take all reasonable measures to maintain such confidentiality including without limitation restricting access to your computer to avoid disclosure of such password and account information. You further acknowledge and agree that you will be responsible for all activity taken under your password and/or account information unless the provision of any such unauthorized use is due to our gross negligence. If you become aware of any unauthorized use of, loss or theft of your password or account information, you must immediately inform a representative of TELLEFSEN. Without limiting the generality of any other disclaimers in these Terms of Use, TELLEFSEN is not responsible for any loss to you that arises from your failure to comply with these provisions regarding maintaining the confidentiality of your password.

By using or accessing this Site, you agree not to link to, post on, or transmit to this Site any obscene, profane, defamatory, libelous, threatening, unlawful, or other material which could constitute or encourage unlawful conduct that may be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that TELLEFSEN, or other parties involved in creating, producing, or delivering this Site, may monitor or review any transmissions to this Site, TELLEFSEN and all parties involved in creating, producing, or delivering this Site assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.

 

Indemnity

By using or accessing this Site, you agree to indemnify, defend, and hold harmless TELLEFSEN and its directors, officers, employees and agents, as well as TELLEFSEN’s licensors and other third parties with which TELLEFSEN contracts, from and against any and all losses, liabilities, obligations, damages, claims, demands, actions, costs and/or expenses of any kind (including legal fees, expert fees, or other disbursements) incurred by or against such persons or entities which may arise, directly or indirectly, from your access to, use of, or browsing of this Site or through your downloading of any materials, data, text, images, video or audio from this Site, including, but not limited to, anything caused by any viruses, bugs, human action or inaction or any computer system, phone line, hardware, software, or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections, your violation of these Terms of Use and/or your violation of any rights of any third party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with any such defense.

 

Electronic Communications

When you communicate with TELLEFSEN electronically, via email or otherwise, you consent to receive electronic communications from TELLEFSEN. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by TELLEFSEN satisfy any legal requirement that such communication be in writing. TELLEFSEN encourages you to retain your own copies of relevant information, however, upon your request, TELLEFSEN will provide you with hard copies of your relevant information. To make such a request, please contact info@tellefsen.com

 

Changes In these Terms of Use

TELLEFSEN reserves the right in its sole discretion to modify or amend these Terms of Use in any way and at any time. Any such modifications or amendments are effective upon posting unless we indicate otherwise. You should review these Terms of Use periodically for changes applicable to you. Please see the bottom of these Terms of Use for the date of the latest version.

 

Additionally, note that by using or accessing this Site subsequent to any modification or amendment, you are deemed to have agreed to these Terms of Use as modified or amended.

 

Governing Law

Use of this Site and these Terms of Use shall be governed by the laws of the Commonwealth of Massachusetts of the United States of America, without regard to its conflict of law provisions.

Any dispute concerning your use of this Site shall be submitted to binding arbitration within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association. To the fullest extent permitted by law, no arbitration brought pursuant to these Terms of Use shall be joined to any other arbitration initiated pursuant to these Terms of Use.

 

Notwithstanding anything to the contrary set forth in these Terms of Use, TELLEFSEN may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the Commonwealth of Massachusetts or in any other court having jurisdiction, in the event that TELLEFSEN believes that you have violated or threatened to violate any of TELLEFSEN’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.

 

In the event that any portion of these Terms of Use is deemed unenforceable, unlawful or void by a court of competent jurisdiction, in any jurisdiction for any reason, including but not limited to the scope, duration or area of its applicability, unless narrowed by construction, such provision shall for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable provision had been more narrowly drawn so as not to be invalid, prohibited or unenforceable (or if such language cannot be drawn narrowly enough, the court making any such determination shall have the power to modify, to the extent necessary to make such provision or provisions enforceable in such jurisdiction, such scope, duration or area or all of them, and such provision shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such provision would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such provision, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions. No narrowed construction, court-modification or invalidation of any provision shall affect the construction, validity or enforceability of such provision in any other jurisdiction. No waiver by TELLEFSEN of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and TELLEFSEN’s failure to assert any right or demand compliance with any provision of these Terms of Use shall not be deemed to constitute a waiver of any such right or provision.

 

Integration and Severability

If any provision of these Terms of Use of use is found to be invalid, unlawful, void or for any reason unenforceable then that provision shall be deemed severable from these Terms of Use of use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use of use represent and constitute the entire agreement between TELLEFSEN and you relating to the subject matter discussed herein.

 

Termination

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

 

Assignments and Third-Party Rights

You are not permitted to assign, sub-contract or otherwise transfer your rights and/or obligations under these Terms of Use or the Privacy Policy. TELLEFSEN may freely assign, sub-contract or otherwise transfer our rights and/or obligations under these Terms of Use and/or the Privacy Policy.

 

These Terms of Use do not create or confer any rights or benefits enforceable by any person that is not a party, except:

  1. a) TELLEFSEN and its affiliates shall have the right to enforce any rights or benefits under these Terms of Use;

  2. b) TELLEFSEN and its affiliates shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these Terms of Use; and

  3. c) a person who is a permitted successor or assignee of the rights or benefits of these Terms of Use may enforce such rights or benefits and no consent is required for TELLEFSEN to vary or rescind these Terms of Use (whether or not in any way that varies or extinguishes rights or benefits in favor of such third parties).

 

Privacy Policy

This privacy policy describes how Tellefsen and Company, L.L.C. and its subsidiaries and affiliates (collectively, “TELLEFSEN”, “we”, “us” or “our”) collects and uses personal information (i.e., information that directly or indirectly identifies a person, including any investor, prospective investor, employee, consultant, job applicant or visitor to our website (www.tellefsen.com), collectively, such information, “Personal Information”). In particular, this privacy policy describes (a) the type of Personal Information that we may collect, (b) how we use that Personal Information and (c) the conditions under which we may disclose that information to affiliates and to non-affiliated third parties.

By completing a subscription agreement, visiting our website or providing us with your Personal Information in any way, you agree that we may collect and use the information as set forth in this Privacy Policy. You should review this Privacy Policy carefully, because if you do not agree with our practices, you should not provide us with your Person Information (which includes completing a subscription agreement, visiting our website or conducting business with TELLEFSEN).

 

Types of Personal Information That We May Collect

 

Information You Provide to Us

In order to receive our services or interact with us (e.g., as an investor, job applicant or third-party service provider), you may provide Personal Information to us, including your name, email address, mailing address, phone number or other information. You may provide such Personal Information to us by various means, including our website, via email directly or through a subscription process.

 

Information We Collect or Generate About You

We may produce a record of our relationship with you and any Personal Information that you provide during telephone and email communications with us. We may update and maintain that record for a period of time.

Information We Obtain from Other Sources

 

We may obtain information from your agents and advisers and from third parties and public sources that we use to verify your identity or to confirm your eligibility to use our services in accordance with our legal obligations. If you visit our website, we may also obtain information through our website. See “Information Collected from Our Website” below.

 

Information Collected from Our Website

When you visit our website, we may use “cookies” or related technologies for a variety of purposes, including improving your website experience and understanding how individuals interact with our website. We may also use cookies to collect technical information from your computer, including your IP address and other information about your computer. No information directly identifying you is collected in the process; however, cookies and other online identifiers may be considered Personal Information under certain data protection laws. As is typical for most websites, we do not change our practices, described elsewhere in this privacy policy, in response to Do Not Track browser settings or signals.

If you communicate with us through this website (e.g., through email), TELLEFSEN may receive Personal Information that you choose to share with us. Additionally, if you elect to enter the password-protected area of the website, then (a) our website will recognize who you are and will collect all information that you submit and (b) any information collected about you from our website may be associated with other information that TELLEFSEN has collected about you.

 

Sensitive Personal Information

We may collect information that is considered “sensitive” under some data protection laws.   For example, we may collect Social Security numbers or other government identifiers related to individuals who are investors in our funds, as well as from our employees and contractors when they provide them to us.  In order to administer the employment relationship or provide benefits, we may collect health related information from employees and contractors.  We may also collect information about race and ethnicity or similar information that candidates for employment or our employees or contractors voluntarily provide for equal opportunities monitoring.  We, or our vendors on our behalf, store account log-in information from users of our investor portal.

 

When we collect sensitive Personal Information, we use such information only for lawful purposes in compliance with applicable data protection laws, such as to perform the services or provide the goods requested by you and to resist malicious, deceptive, fraudulent, or illegal actions.  Where required by applicable law, we will obtain your consent prior to processing such information.

 

How Do We Use Your Personal Information?

 

We may use the information we obtain about you to:

  • communicate with you (and, where required by applicable law, we will obtain your explicit consent to do so);

  • personalize your experience on our website;

  • operate, evaluate, develop, manage, and improve our business (including operating, administering, analyzing, and improving our website, products, and services; developing new products and services; and managing and evaluating the effectiveness of our communications);

  • process your subscription materials, provide information you have requested, create, and administer your account, administer your investments, and maintain registers;

  • maintain and enhance the safety and security of our website and prevent misuse;

  • protect against identify theft and prevent fraud and other criminal activity, claims and other liabilities; and

  • comply with and enforce applicable legal requirements, relevant industry standards and policies.

 

In compliance with relevant law, we may retain information as needed or appropriate to serve our legitimate business purposes or as required by law.

 

Disclosure of Your Personal Information within TELLEFSEN

In order to provide you with efficient and reliable services, TELLEFSEN may share your Personal Information with our affiliates as required or permitted by applicable law.

 

Disclosure of Your Personal Information to Non-Affiliated Third Parties

We do not disclose Personal Information to non-affiliated third parties, except as permitted by law.  In the normal course of providing services, we may disclose certain Personal Information to:

  • broker-dealers that provide trade execution services, custodians that provide custody services and other business services providers in connection with the administration and management of an investment account you hold with us (or one of our funds) and in connection with investment decisions, with respect to an investment account that you hold with us (or one of our funds), and/or to enable us to provide services and operate our business;

  • advisers (e.g., auditors, legal counsel, and tax advisers) to TELLEFSEN relating to or in connection with the operation of our business, compliance with our legal, regulatory, or contractual obligations and/or your investments with us; and

  • law enforcement agencies, regulatory or tax authorities and other governmental or public agencies or authorities in order to comply with our legal or regulatory obligations or at their request in furtherance of their objectives.

 

In addition, we may disclose Personal Information about you (a) to others, if we are required or permitted to do so by law or legal process, for example due to a court order, (b) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, (c) in connection with an investigation of suspected or actual fraudulent or other illegal activity and (d) in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution or liquidation). If we disclose your information to a private non-regulatory organization, TELLEFSEN requires that these companies agree to (a) maintain the confidentiality of your Personal Information and (b) limit the use of such Personal Information to the purposes for which it was provided. Furthermore, in compliance with privacy laws, we also provide our opt-out lists to non-affiliated third-party companies so that those choosing to opt-out can be excluded from the communications those companies send on TELLEFSEN’s behalf.

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Children’s Privacy

Our services are not intended for and may not be used by children under the age of 16. We do not knowingly collect information from children under the age of 16 and we do not target children under the age of 16.

 

Safeguarding of Information

TELLEFSEN maintains reasonable standards of confidentiality and security for this website and the Personal Information collected from this website. These standards are designed to safeguard such information against loss or theft and unauthorized access, disclosure, copying, use or modification.  Only TELLEFSEN employees who need to know your Personal Information are authorized to access such information, and TELLEFSEN also requires its affiliates and service providers to limit employee access to the data. Despite our reasonable efforts, it is possible that someone may intercept or access communications, transmissions and/or Personal Information. Furthermore, if you access this website from a country with strict data protection laws you should be aware that, by interacting with this website, you may be sending information about yourself to TELLEFSEN in the United States of America or other countries which do not have strict data protection laws.

Changes to this Privacy Policy

 

TELLEFSEN reserves the right in its sole discretion to modify or amend this Privacy Policy in any way and at any time. Any such modifications or amendments are effective upon posting unless we indicate otherwise. You should review this Privacy Policy periodically for changes applicable to you. Please see the bottom of this Privacy Policy for the date of the latest version. Additionally, note that by using or accessing this website subsequent to any modification or amendment, you are deemed to have agreed to this Privacy Policy as modified or amended.

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