Terms of Use
Generally
The website accessinvestments.com (the “Site”) is made available to you by Access Alternative Investments, Inc. (“access,” “Platform Website”, “we,” “us,” or “our”). By entry into and use of the Site, you agree to, and accept, this terms and conditions of use set forth below (collectively, the “Terms of Use“). Insofar as any usage of the Site binds you on legal contractual basis to this Terms of Use, you should be careful when using the Site to ensure your continuing compliance with the terms and conditions of this Terms of Use.
This Terms of Use sets forth the terms and conditions which govern your ability to enter the Site, and your utilization of the Site and the Content (as defined below), as well as your utilization of the services and functionality made available on or through the Site (collectively, the “Services”), whether as a guest or a registered user. By entering, browsing or otherwise using the Services in any manner, you hereby accept, without limitation or qualification, this Terms of Use for the Site. If you do not agree to the Terms of Use or the Privacy Policy contained herein, you may not enter the Site or use the Services or any portion thereof, and you must exit the Site now. Further, if you do not agree to this Terms of Use, you agree that your sole and exclusive remedy is to discontinue using this Site.
Updates/Revisions to the Terms of Use
We reserve the right, in our sole discretion, to update or revise the Terms of Use at any time. By entering or using the Site, you agree that we may modify the Terms of Use or the Site at any time without prior notice. You further agree that we will have no obligation to notify you of any modifications and, unless where otherwise provided by applicable law, any such updates or modifications will become effective immediately upon the posting thereof on the Site and will be indicated by the “last updated” date indicated above. Accordingly, you are responsible for reviewing the Terms of Use regularly, available on the Site, to ensure your continued compliance therewith.
Your continued use of the Site following the posting of updates and/or revisions to the Terms of Use will conclusively indicate and constitute your acceptance of such update and/or the revised Terms of Use. The most current version of the Terms of Use can be accessed at any time by selecting the Terms of Use link on the bottom of the Site.
Trademarks/service marks, logos, slogans and taglines
All trademarks, service marks, logos, slogans and taglines displayed on or through the Services are the property of access or its affiliates. Nothing contained herein should be construed as granting to you any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on or through the Services without the express written permission of access, or such third-party who may own the trademark, service mark, logo, slogan or tagline.
Copyright complaints
If you believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the information in writing as outlined in 17 U.S.C 512(c)(3). Please send notices to:
Access Alternative Investments, Inc.
515 E Las Olas Blvd., Suite 920
Fort Lauderdale, FL 33301
You acknowledge that if you fail to comply with all of the requirements of 17 U.S.C. 512 (c)(3), your DMCA notice may not be valid.
Termination/exclusion
You understand that the Services are provided as a courtesy to you and that we may modify, suspend or terminate all or a portion of the Services at any time in our discretion without prior notice to you. We reserve the right, in our sole discretion, to revoke, terminate or suspend any privileges associated with the Services for any reason or for no reason whatsoever, including improper use of the Services or failure to comply with this Terms of Use, and to take any other action we may deem appropriate. You agree that access shall not be liable to you or any third party for any termination of your User Account (other than an appropriate accounting therefor) or to the Services. User Account termination may result in the forfeiture and destruction of all information associated with your User Account. If you wish to terminate your User Account, you may do so by contacting access’s customer service at investments@accessinvestments.com. All fees paid to access and its affiliates are non-refundable, unless otherwise expressly specified, and you shall remain obligated to pay all outstanding funding commitments, as well as outstanding fees and charges, if any, relating to your use of the Site or Services, incurred prior to such termination.
Your Feedback
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to access (collectively, “Feedback”) are not confidential and you hereby grant to us a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as we deem appropriate, for any and all commercial or non-commercial purposes, in our sole discretion.
Links to other sites
The Site may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites, and you acknowledge that access is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit. Please be aware that the terms of our Privacy Policy do not apply to these third-party websites.
Your ability to accept this Terms of Use
The Site is intended solely for users who are at least 21 years of age or older. By using the Site, you confirm that you are 21 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Terms of Use, and to abide by and comply with such terms.
Content is meant for informational purposes only. Neither the Content nor any opinions expressed therein are a solicitation to purchase or sell any securities or for any other investment-related services. You should consult with your portfolio managers, analysts, investment advisers, financial advisors, accountants, attorneys, or investment committees, as applicable, responsible for management of applicable assets before acting on information made available on or through the Services. Content may contain forward-looking predictions that are subject to certain risks and uncertainties which could cause actual results to differ materially from those currently anticipated or projected. Prices are subject to change at any time. access provides Content to you in an effort to provide comprehensive information of a range of possible investment opportunities.
Securities discussed in the Content are not suitable for all investors due to different needs, objectives, and financial resources. The securities mentioned may not be registered in every state. Investors should consider these factors when making an investment decision. Any questions regarding the Content must be addressed to access using the contact information set forth in our Privacy Policy. Information obtained from independent sources other than access (including without limitation, newspapers, magazines and the internet) is furnished for informational purposes only; access has not prepared such sources or approved their contents. The information contained in the Content was obtained from sources believed to be reliable; however, access does not guarantee its accuracy or completeness. Neither access nor any of its affiliates renders tax or legal advice. As such, no one should act upon any tax or legal information contained in the Content without consulting a tax professional or attorney.
You acknowledge and agree that (a) access and the individuals and entities that indirectly or directly own and/or control or are employed by access, or are under common ownership and/or control with access, may lend or invest in transactions described in the Content or may and typically will own and/or control the special purpose vehicles that issue debt or equity securities described in the Content and (b) the ownership and control relationships described in clause (a) of this sentence may create conflicts between your interests and those of access and/or the parties that own, control or are under common control with or employed by access. You agree to review and analyze all opportunities that are presented on the Site in which you may be considering making an investment, including, without limitation, by consulting professionals and experts as described in the preceding paragraph, before agreeing to make such an investment. You agree and acknowledge that any resulting transaction creates an arm’s length relationship between access and you and does not create any fiduciary or agency relationship or obligation on the part of access or any individual or entity affiliated with access through ownership or control.
Disclaimer of warranties
The Services are provided “as is” and “as available,” and without any warranty of any kind, express or implied. To the fullest extent permissible pursuant to applicable law, access, its affiliates and any person associated with access and its affiliates, disclaims all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to any implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Without limiting the foregoing, access does not warrant that accessibility to the Site or availability of the Services will be uninterrupted or error-free, or that defects, if any, will be corrected; nor does access, its affiliates, nor any person associated with access or its affiliates, make any representations about the accuracy, reliability, currency, quality, completeness, usefulness, performance, security, legality or suitability of the Services, that defects will be corrected, that our Site or the server that makes it available are free of viruses or other Harmful Code or that the Site or any Services or items obtained through the Site will otherwise meet your needs or expectations. You expressly agree that your use of the Services is at your sole risk. You shall be solely and fully responsible for any damage to any computer system, any loss of data, or any improper use or improper disclosure of information caused by you or any person using your login credentials. access cannot and does not assume any responsibility for any loss, damages or liabilities arising from the failure of any telecommunications infrastructure, or the internet or for your misuse of any of advice, ideas, information, instructions or guidelines made available to you through the Services.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of Harmful Code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, Harmful Code or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or any Services or other proprietary material due to your use of the Site or any Services or items obtained through the Site or to your downloading of any material posted on it, or any website linked to it.
Limitation of liability
Neither access and its parents, subsidiaries, affiliates, officers, directors or employees nor any vertical partner, lender or agent engaged by access and its affiliates (collectively, the “Relevant Parties”) are liable to you or any other person for any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with your use of the Services, whether under a theory of breach of contract, tort, negligence, strict liability, malpractice, any other legal or equitable theory or otherwise, even if access or any other Relevant Party has been advised of the possibility of such damages. You hereby release access and such Relevant Parties and hold them harmless from any and all claims, demands, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Services. You waive the provisions of any state or local law limiting or prohibiting a general release.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in any applicable jurisdiction. This limitation of liability also applies with respect to damages incurred by you by reason of any products or services sold or provided on any linked sites or otherwise by third parties other than access and received through the Services or any linked sites.
Exclusive remedy
Without limiting the limitation of liability above, in the event of any problem with the Services, you agree that your sole and exclusive remedy is to cease using the Services. Under no circumstances shall access or any other Relevant Party be liable in any way for your use of Services, including, but not limited to, any errors or omissions in the Services, any infringement by the Services of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of the Services. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
Indemnification
Without limiting the generality or effect of other provisions of this Terms of Use, as a condition of your use of the Services, you agree to indemnify, hold harmless, and defend access and the other Relevant Parties, as well as their respective parents, subsidiaries, affiliates, officers, directors or employees (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages (including reasonable attorney’s fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (i) your use of the Services; (ii) your failure to comply with any applicable laws and regulations; and (iii) your breach of any obligations set forth in this Terms of Use. You agree not to settle any such claim without the written consent of the applicable Indemnified Party.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
This defense and indemnification obligations contained herein shall survive the termination of this Terms of Use, the closing of your User Account and termination of your right to enter the Site. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will assist and cooperate with us (or any other Indemnified Party) in asserting any available defenses.
For more information: If you have questions about legal matters, you can contact us at info@accessinvestments.com
