Pastel Fund Services, LLC makes available this web site located herein www.pastelfundservices.com and all Content (defined below) and information available therein (collectively, the “Website”) subject to these terms and conditions (the “Terms of Use”).
By accessing the Website, you acknowledge that you have read, understood and agreed to abide by the terms described herein.
“IF YOU DO NOT UNDERSTAND NOR AGREE TO THESE TERMS OF USE, YOU SHOULD IMMEDIATELY LEAVE THE WEBSITE.
IF YOU CONTINUE USING THE WEBSITE, IT IMPLIES THAT YOU ACCEPT AND AGREE TO THESE TERMS OF USE.”
Portion(s) of the Website, Content and services may only be available to authorized users; access to which, may be governed by separate terms and conditions, along with such other documents, agreements and policies that may be referenced in the relevant service or portion of the Website.
These Terms of Use form a binding agreement between you and Pastel Fund Services, LLC. Your use of the Website is governed by the version of the Terms of Use in effect on the date the Website is accessed by you.
CONTENT
The Website contains content owned and/or licensed by Pastel Fund Services, LLC (collectively, “Content”). Content is provided solely as a service and convenience for general guidance and is intended to offer the user only general information of interest. The information provided is not intended to replace or serve as a substitute for any legal, advisory, financial, investment, tax or other professional advice, consultation or service. You should consult with your own professional advisors in their respective professional areas to obtain specific advice. Content accessible via this Website is provided as-is without warranties of any kind, express or implied, including warranties of accuracy, timeliness and completeness.
THIRD-PARTY SITES
The Website may contain links to sites of third-parties over whom Pastel Fund Services, LLC have no control (“Third Party Sites”). Pastel Fund Services, LLC is not responsible for the content or security, privacy or other policies employed by any such Third-Party Sites. Pastel Fund Services, LLC provides these links as a convenience and does not endorse the companies or contents of any Third-Party Sites. Pastel Fund Services, LLC bears no liability for the content appearing on any Third-Party Sites; for the use or reliance upon the information contained, displayed or otherwise made available thereon; and/or for the products and/or services offered therein.
INTELLECTUAL PROPERTY RIGHTS
COPYRIGHT
The Website and all Content are protected by domestic and foreign intellectual property laws. Unauthorized use of Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content and you will not use, copy or display the Content except as permitted under these Terms of Use. No other use of the Website or the Content is permitted without the prior written consent of Pastel Fund Services, LLC or the appropriate third-party owner. Pastel Fund Services, LLC shall not bear any risk, responsibility or liability in the event that you do not obtain such explicit written permission. Should you download any materials on this Website for personal or non-commercial use, you must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any Content on any other web site is expressly prohibited. If you violate any part of these Terms of Use, your right to access and/or use the Content and Website shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
TRADEMARKS
The trademarks, service marks, and logos of Pastel Fund Services, LLC (the “Pastel Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Pastel Fund Services, LLC. Other company, product, and service names displayed on the Website may be trademarks or service marks owned by third parties (the “Third-Party Trademarks”, and, collectively with the Pastel Trademarks, the “Trademarks”). Nothing in the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the prior written consent of the applicable Trademark owner. The Trademarks may not be used to disparage Pastel Fund Services, LLC or the applicable third-party, any of the foregoing’s products or services, or in any manner that may damage any goodwill in the Trademarks or of their respective owners. All goodwill generated from the use of any Pastel Trademark shall inure to Pastel Fund Services, LLC’s benefit.
PROHIBITED LINKING ACTIVITIES
The following web link activities are explicitly prohibited by Pastel Fund Services, LLC and may present trademark and copyright infringement issues:
- Links that involve unauthorized use of our logo;
- Framing, inline links or meta-tags; and
- Hyperlinks or any form of link that disguise a URL, deep link, or bypass the homepage of this Website
Pastel Fund Services, LLC reserves the right to request removal of any link to this Website. Use of scrapers, spiders or other automated methods of gathering information from this Website for any commercial purpose is strictly prohibited without the express permission of Pastel Fund Services, LLC.
VIRUSES, HACKING AND OTHER OFFENSES
You must not misuse the Website or Content by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our non-publicly accessible areas of the Website, the server(s) on which the Website, Content or services are stored, or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Fraud and Abuse Act 1984 (18 U.S.C. § 1030). Pastel Fund Services, LLC will report any such breach to the relevant law enforcement authorities and Pastel Fund Services, LLC will co-operate with those authorities by disclosing your identity to them.
DISCLAIMERS
DISCLAIMERS OF WARRANTIES
PASTEL FUND SERVICES, LLC, ITS SUBSIDIARIES AND AFFILIATES, THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, PARTNERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “PASTEL PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE WEBSITE AND/OR THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE PASTEL PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE WEBSITE, CONTENT OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITE AND THE CONTENT AT YOUR OWN RISK. THE PASTEL PARTIES DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR FREE OR THAT THE WEBSITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO PASTEL PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
ACCESS AND AVAILABILITY
If the Website is not available for any period or any time, Pastel Fund Services, LLC shall not be liable. Pastel Fund Services, LLC gives no warranties as to the accessibility, performance or availability of the Website. Temporary suspension of access to the Website, or service interruption may occur without notice at Pastel Fund Services, LLC’s discretion, including, without limitation, in the case of repair, maintenance, system failure or for reasons beyond its control. Pastel Fund Services, LLC reserves the right to suspend the operation of the Website and/or any part thereof. You agree that neither Pastel Fund Services, LLC nor any third-party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the services and products on the Website.
VIRUS PROTECTION
Pastel Fund Services, LLC makes commercially reasonable efforts to check and test material at all stages of production. However, you must take your own precautions to ensure that the process that you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. Pastel Fund Services, LLC cannot and do not accept any responsibility for any loss, disruption or damage to your data or your computer system that may occur whilst using material derived from this Website.
NO RECOMMENDATIONS OR ADVICE PROVIDED
Neither the Website nor any Content contained therein constitutes an offer to sell or the solicitation of an offer to invest in any of the funds or other investments mentioned herein, and neither this Website nor any other offering material or information has been submitted for approval to any regulatory authorities. Investment in the funds may be restricted or prohibited by law in certain jurisdictions and this site may not be used for the purpose of, or in connection with, any offer to or solicitation by anyone in any jurisdiction.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Pastel Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach these Terms of Use and/or your access to, use or misuse of the Website and/or Content. Pastel Fund Services, LLC shall provide notice to you of any such claim, suit, or proceeding. Pastel Fund Services, LLC reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting the defense of such matter.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL ANY PASTEL PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM ANY DECISION MADE OR ACTION TAKEN IN RELIANCE OF THE CONTENT OR THIS WEBSITE, FOR LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, ANY SERVICE PROVIDED ON THE WEBSITE AND/OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE THAT NONE OF THE PASTEL PARTIES WILL BE HELD LIABLE FOR ANY INVESTMENT LOSSES OR GAINS ARISING OUT OF AND/OR RESULTING FROM THE WEBSITE, ANY SERVICE (INCLUDING THE CONTENT AND THIRD-PARTY CONTENT).
LOCAL LAWS LIMITATIONS
Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH JURISDICTIONS, THE LIABILITY OF THE PASTEL PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
GENERAL
REVISIONS TO TERMS OF USE
Pastel Fund Services, LLC may at any time revise these Terms of Use without notice. Please check these terms and conditions regularly, as continued use of the Website after a change has been made is your acceptance of the change.
PRIVACY
Pastel Fund Services, LLC recognizes and respects the importance of protecting the privacy of all information provided by users. Pastel Fund Services, LLC may collect, store, and use, information about its users as described in our Privacy Policy and as the same may be updated from time to time (the “Privacy Policy”).
WAIVER
The failure of Pastel Fund Services, LLC to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Pastel Fund Services, LLC.
GOVERNING LAW AND JURISDICTION
THESE TERMS OF USE SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, U.S. ANY DISPUTES, INCLUDING WITHOUT LIMITATION, TORT AND STATUTORY CLAIMS ARISING UNDER OR RELATING IN ANY WAY TO THE TERMS OF USE OR ANY RELATIONSHIPS CONTEMPLATED HEREIN SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE U.S. DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS (AUSTIN DIVISION) OR IF THERE IS NO BASIS FOR FEDERAL JURISDICTION, THEN ANY CLAIMS MUST BE BROUGHT IN THE TEXAS STATE DISTRICT COURT IN WILLIAMSON COUNTY, TEXAS. THE PARTIES AGREE THAT SUCH COURTS SHALL BE THE EXCLUSIVE PROPER FORUM FOR THE DETERMINATION OF ANY CLAIM OR DISPUTE ARISING OUT OF, OR IN CONNECTION WITH, THE TERMS OF USE AND WAIVE ANY OBJECTION TO VENUE OR CONVENIENCE OF FORUM.
SEVERABILITY
If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Use to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.