Permitted Uses of Our Site and Content
All content, including but not limited to trademarks, service marks, trade names, trade dress, logos, copyrights and other intellectual property, displayed on the Site (“Content”) are owned by, controlled by or licensed to the Tokarz Group or their respective owners. We have listed below the permitted uses of our Content. We reserve the right to change our permitted uses at any time.
The Tokarz Group grants you a limited, revocable, nonexclusive and nontransferable right to view, store, bookmark, download, copy and print pages from the Site for your personal and noncommercial use only. Unless you receive our permission in advance, you may not exploit any of the Content commercially, forward it as a mass distribution, or post it on another site.
If you link other websites to this Site, you may not imply or suggest that the Tokarz Group has endorsed or is affiliated with such websites and you may not display this Site as “framed” within another website.
Prohibited Uses of Our Site and Content
You agree not to copy large portions of the Site (such as by bots, robots or spiders that “harvest” the Site), interfere with the functioning of the Site or restrict or inhibit any others from using the Site.
If you download any information or materials from the Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information or materials. You may not alter or modify the Content in your copies.
You may not (and may not encourage others to) violate any law, regulation, rule or the intellectual property or contractual rights of others, or attempt to violate the security of this Site or use or gain access to the identities, information or computers of others through this Site.
You may not transmit any virus, worm, time bomb or similar system interference or corruptant through this Site.
The Tokarz Group has the right (but not the obligation) to monitor this Site for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you. We reserve the right to change or supplement our policies as to prohibited uses at any time to the fullest extent permitted by applicable law.
No Offers or Advice/Forward-Looking Statements/Historical Information
Under no circumstances should any information or materials presented on the Site be used or construed as an offer to sell, or a solicitation of an offer to buy, any securities, financial instruments, investments or other services. Furthermore, no information or materials contained in the Site should be construed or relied upon as investment, legal, accounting, tax or other professional advice or in connection with any offer or sale of securities. The Tokarz Group will not treat users of the Site as its partners, clients, customers or investors by virtue of their accessing the Site.
The Site contains forward-looking statements, which reflect our current views with respect to, among other things, the operations and performance of our businesses. You can identify these forward-looking statements by the use of words such as ‘‘outlook,’’ ‘‘believe,’’ ‘‘expect,’’ ‘‘potential,’’ ‘‘continue,’’ ‘‘may,’’ ‘‘should,’’ ‘‘seek,’’ ‘‘approximately,’’ ‘‘predict,’’ ‘‘intend,’’ ‘‘will,’’ ‘‘plan,’’ ‘‘estimate,’’ ‘‘anticipate’’ or the negative version of these words or other comparable words. Forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. We undertake no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.
Any transactions described on the Site as having been engaged in by the Tokarz Group are included as representative transactions and are not necessarily reflective of overall results of any of the Tokarz Group’s businesses. Past performance is not indicative of future results; no representation is being made that any investment or transaction will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
The information or materials provided in or accessible through the Site are, unless otherwise specified, directed at residents of the United States, and are 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 the Tokarz Group to any registration or other requirement within such jurisdiction or country. The Tokarz Group reserves the right to limit access to the Site to any person, geographic region or jurisdiction. Unless otherwise expressly set forth herein, the Tokarz Group makes no representations that transactions, products or services discussed on or accessible through the Site are available or appropriate for sale or use in all jurisdictions or by all users, or that access by any user in the place it is located is not illegal or prohibited. Users 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 on the Site under the laws of any applicable jurisdictions. You may not use or export the information or materials on the Site or accessible through the Site in violation of U.S. laws and regulations.
The Tokarz Group does not review or monitor any websites linked from or to the Site and is not responsible for the content of any such websites. Accordingly, the Tokarz Group cannot be held responsible for the information, materials, products or services obtained on or from such other websites, nor will we be liable in any respect whatsoever for any damages arising from your access to such websites. Any links from or to other websites 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 the Tokarz Group with respect to any such linked websites or the content, products or services contained or accessible through such websites or their operators. THE TOKARZ GROUP DISCLAIMS RESPONSIBILITY FOR THE PRIVACY POLICIES AND CUSTOMER INFORMATION PRACTICES OF THIRD-PARTY INTERNET WEBSITES HYPERLINKED FROM THE SITE. Your following links from or to such websites is at your sole risk.
Subhead Transmission to and from the Site
Password and Security Notification
Certain areas of the Site are password protected and are only accessible to those who have a valid Tokarz Group-issued password. You may not attempt to access any password protected areas of the Site without authorization. In the event that you have been issued such a password, you acknowledge and agree that the Tokarz Group has granted you limited access to specific files pertaining to investments relevant to you, and you agree not to attempt to access other computer files. Accordingly, you should take steps to protect the confidentiality of your password. You should notify the Tokarz Group immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password.
Limitation of Liability
IN NO EVENT SHALL THE TOKARZ GROUP OR ITS RELATED PERSONS BE LIABLE TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE (OR INABILITY TO USE) OR ISTRIBUTION OF THE SITE OR ANY INFORMATION OR MATERIALS OBTAINED THROUGH USE OF THE SITE. THIS IS TRUE EVEN IF TTGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Disclaimer and Indemnity
The Tokarz Group and its officers, directors, managers, partners, members, shareholders, employees, affiliates and agents (collectively “Related Persons”) make no representations or warranties of any kind, express or implied, as to the accuracy, reliability, completeness, availability or other characteristics of the information or materials presented on the Site. Such information or materials are provided “as is” and “as available”.
To the fullest extent permissible pursuant to applicable law, the Tokarz Group specifically disclaims any and all warranties of any kind, express or implied, including but not limited to all warranties of and conditions of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy or completeness.
The Tokarz Group does not warrant that the information in this Site is accurate, reliable or correct, that this Site will be available at any particular time or location, or that this Site is free of viruses or other harmful components. Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the Site or made via the Site may not be secure.
Decisions based on information or materials contained on the Site are the sole responsibility of the user.
As consideration for access to the Site, you agree to indemnify and hold harmless the Tokarz Group and its Related Persons from and against any claims whatsoever and of any nature for damages, losses and causes of action, including but not limited to actions by third parties against you, the Tokarz Group or any of its Related Person, arising out of or in connection with any decisions that you make based on such information or materials, your use of the Site, or your violation of our website policies.
Governing Law and Forum
Integration and Severability; Waiver
This Agreement represents the entire agreement between the Tokarz Group and the user relating to the subject matter herein. If, for any reason, a court of competent jurisdiction finds any provision in this Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder shall continue in full force and effect.
No waiver by the Tokarz Group of any right under or term or provision of this Agreement will be deemed a waiver of any other right, term, or provision of this Agreement at that time or a waiver of that or any other right, term, or provision of this Agreement at any other time.
Your privacy is very important to us. This privacy notice (“Notice”) describes how The Tokarz Group Advisers LLC (“TTGA”) uses and protects the nonpublic personal information of our investors and prospective and former investors (“You”). TTGA has implemented appropriate technical, physical, and administrative safeguards to protect the confidentiality and accuracy of the nonpublic personal information TTGA collects from You. These policies apply to investors in our Fund and may be changed at any time, provided a notice of such change is given to You.
Financial companies such as TTGA are required by federal law to give You information about how TTGA collects, protects, and shares your nonpublic personal information as well as the right to limit some but not all sharing. This Notice contains important information about our privacy policies and practices. You should read it carefully and contact us if You have any questions.
TTGA’s Collection of Non-Public Personal Information
TTGA collects the following types of nonpublic personal information from You in the course of establishing and servicing your account:
- Federal tax identification number and/or social security number;
- Address, phone number, and email address;
- Information about your transactions with us, our affiliates, or others;
- Bank account and other financial account information; and
- Information about your financial assets and/or income information.
Sharing of Non-Public Personal Information
TTGA does not disclose any of our investors’ nonpublic personal information to anyone, other than to our affiliates, except: (1) for purposes of federal, state, and local tax payments and withholdings on your behalf, (2) in order to comply with legal or regulatory requests or requirements to provide nonpublic personal information to a court, regulatory body, or other lawfully authorized federal, state or local governmental authority having the legal power to request or require that such information be provided to it, (3) to carry out transactions You have authorized or initiated, and (4) to third-party service providers that are contractually obligated to limit their use of such information to the scope of the services provided to TTGA. For example, TTGA may disclose information You provide to companies that perform marketing services on our behalf, such as any placement agent(s) that TTGA may engage in connection with investments in the Fund and to third party institutions with which we may engage in joint marketing, such as prime brokers. If such a disclosure is made, we will require such third parties to treat our private information with confidentiality. TTGA also may share your nonpublic personal information with non-affiliated third parties if You authorize TTGA to do so in writing. For example, TTGA may share your nonpublic personal information with a third-party audit firm if You provide written authorization for TTGA to disclose your information to such firm.
TTGA will not share your nonpublic personal information to market other third parties’ products or services to You.
TTGA will continue to share your non-public personal information after You are no longer an investor with TTGA, but only in accordance with this Notice. TTGA seeks to carefully safeguard your private information and, to that end, restrict access to nonpublic personal information about you to those employees and other persons who need to
know the information to enable us to provide services to you.
If You have questions about this Notice, please contact Kevin M. Byrne @ 609-558-2996 or
Date Last Revised: April 2022
The Tokarz Group
287 Bowman Avenue, 2nd Floor
Purchase, NY 10577