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FUNDAMENTAL GLOBAL TERMS AND CONDITIONS OF USE
BY ACCESSING OR USING ANY PART OF THIS WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
These Terms and Conditions of Use (the “Terms”) outline the terms and conditions under which Fundamental Global and its affiliates (“FG,” “we”, or “us”), permits users who visit this website (the “FG Site” or the “site”) to use the site and its services (visitors are referred to as “you”). Please read these Terms carefully and refer to them as often as necessary. By using the FG Site, you agree to all terms, conditions, and notices contained or referenced in these Terms. If you do not agree to these Terms, you are not permitted to use the FG Site. FG reserves the right, at its discretion, to update or revise these Terms. Please review these Terms periodically for changes. Your continued use of the FG Site following any changes to these Terms constitutes your acceptance of those changes.
You acknowledge and agree that the information contained on the FG Site is not and should not be construed as legal, tax, accounting, or investment advice (including any advice concerning the suitability or profitability of any security or investment). You acknowledge and agree that the information contained on the FG Site (unless explicitly stated otherwise) is not and should not be construed as an offer or solicitation of any kind to buy or sell any securities or other financial instruments. Any such offer can and will only be made by means of an applicable offering memorandum of each such instrument and only to investors who meet the investor suitability and sophistication requirements of each such instrument, including qualifying as accredited investors within the meaning of the Securities Act of 1933, as amended. You acknowledge and agree that the information contained on the FG Site is not and should not be construed as advice or recommendations regarding individual securities including advice or recommendations concerning the suitability of, and investment strategies for, individual securities. Research, analysis, news and other information made available electronically does not constitute individualized recommendations to buy, sell, or otherwise invest in any particular security. You are solely responsible for determining the nature, value and suitability of individual securities, and you alone bear the risk of all transactions entered through your account.
USERS SHOULD CONSULT WITH, AND SEEK PROFESSIONAL ADVICE FROM, THEIR OWN ATTORNEYS, ACCOUNTANTS, AND FINANCIAL ADVISORS WITH RESPECT TO THEIR INDIVIDUAL CIRCUMSTANCES AND NEEDS.
You agree not to use the FG Site for any unlawful purpose. You agree not to attempt to gain access to any area of the site and any information for which you have not previously received written authorization from FG. Should you gain such unauthorized access, you agree not to view, download, print, archive, or collect any such unauthorized information. You also agree that you will not upload or attempt to upload any content (including text, communications, software, images, sounds, data, or other information) that contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.
You acknowledge and agree that, although FG has implemented and uses its best efforts to maintain security measures designed to prevent the unauthorized access by visitors to the information that you are authorized to access and use, no security measures are available that can be 100% guaranteed to prevent such unauthorized access. FG therefore does not warrant that such security measures will prevent such unauthorized access in all instances.
You further agree that you will not collect information about other visitors to the FG Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
FG may monitor and record activity on the FG Site. We may investigate any compliance or suspected or actual non-compliance with these Terms. 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. We may issue warnings, suspend, or terminate your use of the FG Site, deny access to you to all or part of this site or take any other action that we deem appropriate. Any Personal Information (as defined below) collected during such monitoring will be used in accordance with the Terms. By using this site, you accept FG’s right to access, archive, and/or monitor usage to ensure service quality, or to evaluate the site, the security of the site, and compliance with these Terms, compliance with applicable laws, rules, or regulations for any other reason.
In addition to the FG Site, FG and its affiliates also post information on other websites and applications such as Twitter and LinkedIn among others, which are commonly referred to as social media platforms. All such information posted on social media, including posts on Twitter by @fgfundamental and by @kcerminara, is governed by and incorporates these Terms.
The FG Site may also link you to other unrelated third-party websites. These sites may contain material that some people may find inappropriate or offensive. These other sites are not under the control of FG, and you acknowledge that FG is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such other sites. FG does not review or monitor any websites linked from or to the FG Site and your following links from or to such websites is at your own risk. Accordingly, the inclusion of such links does not imply endorsement of any unrelated third-party website by FG or any association with its operators.
You acknowledge and agree that all content and materials available on the FG Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as may be expressly authorized by FG under a separate written agreement, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Systematic retrieval of any data or content from the FG Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from FG is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms is prohibited. Except as expressly provided above, all rights are reserved.
This section describes our privacy practices with respect to the information that we may collect in connection with any visitors’ use of this Site. Specifically, this section describes the types of Personal Information we collect, how we may use the information and the purposes for which we may use it, with whom we may share it and the choices available to you.
In general, we collect Personal Information about you when you communicate with us and when you use the FG Site. When we use the term “Personal Information” we mean information that we directly associate with a specific person, or that can reasonably be used to identify a specific person such as a name, address, telephone number, email address, or Internet Protocol (IP) address. The Site collects some information from you that is voluntarily provided by you, and other information that is collected by the Site automatically.
Through your use of the FG Site and interactions with FG, you may provide FG with information such as name, title, address, phone number, email address or other elements of Personal Information. You may also be asked to provide information used to create your online account, such as a username or password.
When you visit the FG Site, we may automatically log certain information about you. This may include information about the type of browser you use, the server name and IP address through which you access the Internet, the date and time you access the site, the pages you access while at the FG Site, Internet service provider information, device type, and the Internet address of the site, if any, from which you linked directly to, or depart from, the site.
FG uses cookies to store and track information about users. A “cookie” is a small amount of data that is sent to your browser from a Web server and stored on your computer’s hard drive. If you wish to disable the storage of cookies on your computer, you may do so by using the settings on your browser or device. Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Please note, however, that without cookies, you may not be able to use some or all of the features of the FG Site. For more information on deleting or controlling cookies, visit www.aboutcookies.org.
The Personal Information that you provide to us through your use of this site is used for our business purposes and the purpose for which you provided it only, subject to these Terms, including, without limitation, to respond to your requests or correspondence, to contact you about the site, to request feedback regarding ways to improve the site and/or to inform you about our activities, products and services or those of our affiliates. We may analyze your information, including tracking data, to provide you with useful information and improve our services through enhanced features and functions on the site. For example, your information may be used to, without limitation, compile statistical, demographic or aggregated information about visitors to the site generally, or for load-balancing metrics, and also may be used to create reports on user demographics and the traffic patterns of the site.
We may disclose your Personal Information collected from your use of this site: (i) to our affiliates, agents, consultants and contractors; (ii) to service providers who assist us in running the site and our business; (iii) when we believe that such disclosure is required by law; (iv) to enforce these Terms; (v) to protect the rights, property, security or safety of FG, site users or the public; (vi) to respond to an emergency; or (vii) as otherwise stated in these Terms. In addition, we may disclose information to certain third parties if you have requested or authorized the disclosure of such information. We may also share aggregated or deidentified information in our sole discretion. Additionally, in the event of a corporate restructuring (such as a sale, merger, or other transfer of some or all of our asset), we may share your Personal Information with a third party. We reserve the right to use or disclose any information in aggregate form, for any purpose, in our sole judgment.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while FG strives to protect your personally identifiable information, it cannot ensure or warrant the security of any information that you transmit to it, and you do so at your own risk. Once FG receives your transmission, it makes its best effort within the FG Site to ensure the security of the information on FG’s systems. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, FG has put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information it collects online from visitors to the Site. However, we cannot ensure or warrant the security of any information that users transmit to the Site. We are not liable for any breach of our systems or interception of our transmission, and we hereby fully disclaim, to the fullest extent possible under law, any liability associated with any claim relating to a breach of security, data or information.
To the extent permitted by applicable law, we retain Personal Information we obtain about you from your use of this Site as long as it is needed for the purposes for which we obtained it, in accordance with the provisions of these Terms or we have another lawful basis for retaining the data beyond the period for which it is necessary to serve the original purpose for collecting the data.
The Personal Information that you provide to us through your use of this site is used for our business purposes and the purpose for which you provided it only, subject to these Terms, including, without limitation, to respond to your requests or correspondence, to contact you about the site, to request feedback regarding ways to improve the site and/or to inform you about our activities, products and services or those of our affiliates. We may analyze your information, including tracking data, to provide you with useful information and improve our services through enhanced features and functions on the site. For example, your information may be used to, without limitation, compile statistical, demographic or aggregated information about visitors to the site generally, or for load-balancing metrics, and also may be used to create reports on user demographics and the traffic patterns of the site.
This site is not directed to children. We do not knowingly attempt to solicit or receive Personal Information from children. If we discover that we have received Personal Information from an individual reasonably believed to be a minor, we will delete such information from its systems. If you are the parent or legal guardian and you believe we may have inadvertently collected Personal Information from a child, please contact us to request the child’s information be deleted by contacting us at info@fundamentalglobal.com
FG is located in the United States, its services are provided primarily in the United States, and its data is stored in the United States. Data protection laws in the United States may be different from those of your country of residence. If you voluntarily submit Personal Information to us while located or residing in a country outside the United States, you understand that you are voluntarily agreeing to the use and processing of such information as provided under these Terms, including transfer of your information to the United States, a jurisdiction which may not offer the same framework for the protection of Personal Information as the jurisdiction in which you are located.
If the processing of your Personal Information is subject to the EU General Data Protection Regulation (“GDPR”), whenever we use or share Personal Information, we ensure that we have identified a legal basis under which such processing may occur. When we use your Personal Information in connection with a request, order, transaction, or to provide you with services that you requested (such as use of the Site or to register for events), we do this because it is necessary for the performance of an agreement with you. Further, to the extent the GDPR is implicated, where we use your Personal Information in relation to improvement, development, or marketing of our products or services, for reasons of safety and security, or to satisfy regulatory requirements, other than in connection with our agreement or request, we do this on the basis of our (or a third-party’s) legitimate interests or with your consent, as required.
If the processing of your Personal Information is subject to the GDPR, you may have the right to access or modify your Personal Information, including the right to: obtain confirmation that we hold Personal Information about you; request access to and receive information about the Personal Information we maintain about you; receive copies of the Personal Information we maintain about you; update and correct inaccuracies in your Personal Information; object to the processing of your Personal Information, request portability; and have the information blocked, anonymized or deleted, as appropriate.
You may also contact us with the request to withdraw consent for processing or storage of your Personal Information. These rights are only available if you reside in, or access the Site from certain jurisdictions and may be limited in some circumstances by local laws and regulations.
You can exercise these rights under the GDPR by contacting us at info@fundamentalglobal.com. Please put the statement “GDPR Privacy Rights” in the subject line of your request, and include your name, country or region, and enough information to allow us to respond to our request in the body of your e-mail.
If you have any questions or concerns about this Section of our Terms or our privacy practices related to information collected from visitors to our Site, please first contact us at info@fundamentalglobal.com and provide us the opportunity to make it right.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE FG SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. FG AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE FG SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT UNAUTHORIZED ACCESS TO OR MISAPPROPRIATION OF THE CONTENT WILL NOT OCCUR; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE FG SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES WILL FG, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE FG SITE, OR THE UNAUTHORIZED ACCESS TO OR THE MISAPPROPRIATION OF ANY CONTENT MADE AVAILABLE ON OR THROUGH THE FG SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, FG’S LIABILITY IN SUCH JURISDICTIONS WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by FG, you agree to defend, indemnify, and hold harmless FG, its subsidiaries and other affiliated companies, and the employees, contractors, officers, and directors of each of them from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the FG Site. FG reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with FG in asserting any available defenses.
These Terms will be governed by and construed in accordance with the laws of the State of North Carolina, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the FG Site will be filed only in the state or federal courts located in the State of North Carolina, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
All disputes arising out of or relating to these Terms or your use of the FG Site (“Disputes”) will be settled by final and binding arbitration conducted in North Carolina, by a neutral arbitrator, in accordance with these Terms and the then-current commercial arbitration rules of the American Arbitration Association. Each party will bear its own expenses, except that the prevailing party may recover the filing costs and the expenses of the arbitrator from the other party. Any award of the arbitrator will be in writing and will state the reasons for the award. Judgment upon an award may be entered in any court having competent jurisdiction. The arbitrator will not have the power to order pre-hearing discovery of documents or the taking of depositions, but may compel attendance of witnesses and the production of documents at the hearing. The parties, their representatives and participants and the arbitrator will hold the existence, content and result of the arbitration in confidence, except to the limited extent necessary to enforce a final settlement agreement or to obtain or enforce a judgment on an arbitration decision and award. Any Disputes relating to your failure to pay billed charges for the Services are exempt from the requirement of binding arbitration. You agree that FG will be entitled to obtain preliminary injunctive relief to enforce any of these Terms against you pending a final determination in arbitration.
Unless otherwise specified herein, this agreement under which you are authorized to use the Services (as such obligations are set forth in Section 1 of these Terms), constitutes the entire agreement between you and FG with respect to the FG Site and the Services, and supersedes all other prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and FG with respect to the FG Site and the Services. If any part of these Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.
FG reserves the right, in its sole discretion, to terminate your access to all or part of the FG Site, with or without notice.
Revised: November 29, 2021
