Terms & Conditions

Last Update May 2022

By entering the website (the “Site”) of Cordhaven Capital Management (“Cordhaven”, “we”, “our” or “us”), you accept and agree to follow the terms and conditions described herein (“Terms and Conditions”). These Terms and Conditions are a binding agreement between you and Cordhaven, and govern your access and use of the Site, which includes any information, data, tools, products, services and other content available on or through the Site. You may contact Cordhaven with questions about these Terms and Conditions.

1. Agreement and Acceptance of Terms

Please read these Terms and Conditions, along with any exhibits, disclosures, addendums, or amendments hereto, carefully before entering the Site. By accessing and continuing to use the Site, you acknowledge that you have read, understood, and agree to these Terms and Conditions. Do not access or use the Site if you do not agree to these Terms and Conditions.

You also agree that:

  • You are able to enter into legally binding contracts, and you agree that these Terms and Conditions legally bind you in the same manner that a signed, written, paper contract does.
  • WE ARE NOT RESPONSIBLE FOR THE FINANCIAL OR OTHER PRODUCTS AND SERVICES OR FOR THE ACCURACY OF THE DATA OBTAINED FROM THIRD PARTY SITES THAT ARE DISPLAYED, REPORTED, ACCESSIBLE OR CONNECTED BY HYPERLINK TO, THIS SITE. IF YOU ACCESS ANY THIRD PARTY SITES THROUGH THIS SITE OR OTHERWISE, YOU DO SO AT YOUR OWN RISK.
  • We may share your account information, which may include your personal information, in accordance with our Privacy Policy,your instructions, and verified consent.
  • We reserve the right to change or modify these Terms and Conditions and our Privacy Policy or modify or discontinue any portion of the features and functionality provided through the Site, from time to time and in our sole discretion. We will post changes to these Terms and Conditions or our Privacy Policy on the Site. You must review these Terms and Conditions periodically for changes. By using the Site after we have posted changes to these Terms and Conditions, you are agreeing to be bound by the updated Terms and Conditions. Changes to these Terms and Conditions will be effective immediately, unless we indicate otherwise, but will not apply retroactively.
    We reserve the right to modify or temporarily discontinue your access to the Site or a portion thereof, with or without prior notice to you. You agree that we shall not be liable to you or any third party for any modification of the Site, or your access to the Site.
  • The Site is intended to be accessed and used only by individuals who have reached the legal age of majority in the jurisdiction where they are located, which may be 18 years or older, depending on the jurisdiction. You may not use or access this Site unless you have reached the legal age of majority in the jurisdiction where you are located.
  • You may only access and use the Site and the materials and content contained therein for your own personal, non-commercial purposes, subject to your agreement to comply with these Terms and Conditions. We reserve all rights not otherwise expressly granted by these Terms and Conditions.
  • You may not violate or attempt to violate the security of the Site. At any time and for any reason we may revoke your right to use all or any portion of the Site. We may report any activity that we suspect may violate any law or regulation to regulators, law enforcement officials or other persons or entities that we deem appropriate.

2. Disclaimers

Cordhaven disclaims all warranties with respect to the Site that the law allows it to disclaim. The Site is provided “as is”, “as available”, and “with all faults.” The information provided on the Site has been developed internally and/or obtained or derived from third-party independent sources that we believe are reliable. We do not make any representation or warranty, express or implied, as to the information’s accuracy or completeness, nor do we recommend that the Site serve as the basis of any investment decision. The Site is provided solely for informational purposes and does not constitute an offer or solicitation of an offer, or any advice or recommendation, to purchase any securities or other financial instruments, including alternative investments, and may not be construed as such. We make no representations that you will, or are likely to, achieve your investment objectives, that our strategies, investment process or risk management will be successful, or that you will, or are likely to, achieve results comparable to any shown or will make any profit or will not suffer losses or loss of principal. Investing involves risks.

The information and services published on the Site may include inaccuracies or typographical errors. Due to various factors, including the inherent possibility of human and mechanical error, the accuracy, completeness, timeliness and correct sequencing of such information, software and services and the results obtained from their use are not guaranteed by Cordhaven or any persons creating or transmitting such information, software and services. Without limiting our general disclaimer, we do not warrant the availability, accuracy, completeness, timeliness, functionality, reliability, sequencing or speed of delivery of the Site or any part of the content herein.

Any estimates, projections or predictions on the Site are intended to be forward-looking statements. Cordhaven gives no assurance that any forward-looking statements will prove to be correct. Such estimates are subject to actual known and unknown risks, uncertainties and other factors that could cause actual results to differ materially from those projected. Cordhaven expressly disclaims any obligation or undertaking to update or revise any forward-looking statement contained herein to reflect any change in its expectations or any change in circumstances upon which such statement is based.

The content on the Site is not intended to be, and you should not consider anything on the Site to be, investment, accounting, tax or legal advice. You are encouraged to discuss information that you learn from the Site with your financial, legal or tax advisors and others with whom you share investment decisions.
No statements contained on the Site should be construed as a guarantee or assurance of future performance or future results.

THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY OR INVESTMENT STYLE IS NOT INDICATIVE OF FUTURE PERFORMANCE.

Members of Cordhaven’s Advisory Board are being compensated by Cordhaven and are subject to various conflicts of interests discussed in further detail in Form ADV Part 2A. Cordhaven’s Advisory Board provides governance advice to Cordhaven and does not discuss or make any investment recommendations. Any performance results of Members of Cordhaven’s Advisory Board are not indicative of the performance of Cordhaven. Past performance is not indicative of future results.

3. Data Integrity and Quality

We recognize that the integrity and quality of the content presented on the Site is important to you. We make reasonable efforts to provide accurate content, but at times we may not promptly update or correct the content on the Site even if we are aware that it is inaccurate, outdated or otherwise inappropriate. In addition, we do not endorse the opinions of, or warrant the accuracy or timeliness of facts or other content contributed by, or retrieved from any third party technology, research and data providers. Dated content speaks only as of the date indicated. We may modify the content at any time and without notice to you.

You agree that we are not liable for any action you take or decision you make in reliance on any content on the Site.

We recognize that the integrity and quality of the content presented on the Site is important to you. We make reasonable efforts to provide accurate content, but at times we may not promptly update or correct the content on the Site even if we are aware that it is inaccurate, outdated or otherwise inappropriate. In addition, we do not endorse the opinions of, or warrant the accuracy or timeliness of facts or other content contributed by, or retrieved from any third party technology, research and data providers. Dated content speaks only as of the date indicated. We may modify the content at any time and without notice to you.

You agree that we are not liable for any action you take or decision you make in reliance on any content on the Site.

4. Your Obligations While You Use the Site

Confidentiality

The content of any password protected area on the Site is subject to the confidentiality provisions and any additional terms of use therein.

Restrictions
You agree that you will NOT do any of the following: (i) use the Site for unlawful purposes, (ii) resell or make any commercial use of the information on the Site, all of which is intended solely for your use as an end user; (iii) reverse engineer, reverse assemble, or decompile any technology associated with the Site or otherwise attempt to derive source code from the Site; (iv) use any robot, spider, web crawler, scraper, deep link, or similar automated extraction or data-gathering mechanism, program, or tool to access, copy, or monitor the Site or any portion thereof without our prior written consent; (v) post or transmit any file or email that contains viruses, worms, Trojan horses, or any other damaging or destructive elements; (vi) reproduce, modify, create, or prepare derivative works of the Site; (vii) alter, destroy, or otherwise remove any proprietary notices or labels on or embedded within or on the Site; (viii) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any portion of the Site in any way; (ix) use the Site to develop a competing website or product; or (x) allow or assist any third party to do any of the foregoing.

5. Restrictions on Use of Materials

Unless otherwise expressly noted, all technology and content, including without limitation financial performance, written and other materials, text, graphics, charts, audio, logos, images, data compilations, icons, code and software, that are part of the Site are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled by Cordhaven or licensed to Cordhaven from third parties. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way; provided, however, that you may download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact and properly display all copyright and other proprietary notices. You may not distribute, modify, transmit, reuse, repost, or use the content of the Site for public or commercial purposes without our written permission. You may not alter, destroy, or otherwise remove any proprietary notices or labels on or embedded within any material or content from the Site. Modification or use of the information or materials for any other purpose will violate the copyright and/or intellectual property rights of Cordhaven. Cordhaven will not treat users of the Site as its clients by virtue of their accessing the Site.

Cordhaven, the Cordhaven logo, and other marks are our registered trademarks and service marks. All other product names and company logos found on promotional materials are the trademarks or service marks of their respective owners. Except as indicated in this paragraph, you may not copy, reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any of our content, information, or trademarks without our express, written consent.

6. Jurisdictional Issues and Governing Law

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 Cordhaven from its office within the State of California, United States of America.  We make no representation that materials in or accessible through the Site are 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 materials 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 Cordhaven to any registration or other requirement within such jurisdiction or country.  We reserve the right to limit access to the Site to any person, geographic region, or jurisdiction.

These Terms and Conditions and your use of the Site shall be governed by all applicable federal laws of the United States of America and the State of California.  Any legal action or proceeding related to the Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Los Angeles, California.

7. Links to Other Web Portals and Services

We do not review or monitor any third party websites linked from or to the Site and your following links from or to such websites is at your sole risk.  Accordingly, we cannot be held responsible for the information, materials, products or services obtained on or from such other third party websites, nor will be liable in any respect whatsoever for any damages arising from your access to the Site or any third party website directed from the Site.  Any links from or to other third party websites or portals are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply an endorsement, representation or warranty by Cordhaven with respect to any such linked third party website or portals or the content, products or services contained or accessible through, or the operators of, such website or portals.

8. Limitation of Liability

CORDHAVEN’S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
AS A CONDITION OF USE OF THE SITE, YOU AGREE TO INDEMNIFY CORDHAVEN OR ANY OF CORDHAVEN’S AGENTS, OR EMPLOYEES FROM AND AGAINST ANY AND ALL ACTIONS, CLAIMS, LOSSES, DAMAGES, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF THESE TERMS AND CONDITIONS, THE SITE, OR THE INABILITY TO USE THE SITE.

CORDHAVEN’S LIABILITY IS LIMITED EVEN IF CORDHAVEN HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS IN ITS ESSENTIAL PURPOSE.

UNDER ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF CORDHAVEN, ITS AGENTS, AND EMPLOYEES TO ANY USER OF THE SITE WITH RESPECT TO THE SITE IS $100.

9. Monitoring of the Site

We expressly reserve the right to monitor any and all use of the Site.  We are under no obligation to do so and we assume no responsibility or liability arising from the use of the Site.

10. Privacy Policy

We collect, store, and use personal information collected from you in accordance with our Privacy Policy.

11. Severability

If any provision of these Terms and Conditions shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected.

Cordhaven Capital Management Website Terms and Conditions: Last updated May 2022.