Terms and conditions - Gatewood Capital Partners

PLEASE READ THIS CAREFULLY WHEN USING THIS WEBSITE. BY ACCESSING THIS WEBSITE, YOU AGREE TO ALL OF THE FOLLOWING TERMS AND CONDITIONS.

These Terms of Use (“Terms”) describe the terms and conditions on which Gatewood Capital Partners LLC (“Gatewood,” “we,” “us,” or “our”) offers you access to this website and any other website or application on or to which these Terms are linked or referenced (collectively, the “Website”). Please read these Terms carefully because they constitute a legal agreement between Gatewood and you.

Acceptance of the Terms

By accessing and using the Website, you affirm that:

You have read and understand the Terms and agree to be bound by them;
You will comply with the Terms; and
You are at least the age of legal majority in your place of residence and otherwise legally competent to enter into a legal agreement.

If you do not agree with these terms, please do not use this website.

If a provision of an agreement with a customer conflicts or otherwise is inconsistent with a provision of these Terms, then the term of the customer agreement will prevail to the extent of the inconsistency.

IMPORTANT NOTE

Please read carefully the sections titled “NO WARRANTIES,” “LIMITATION OF LIABILITY,” “LIMITATION ON TIME TO FILE CLAIMS,” AND “INDEMNITY.” These sections limit Gatewood’s liability to you and the time you have to bring a claim.

Changes to the Terms

Gatewood may revise, amend, or supplement these Terms from time to time without prior written notice at any time, in our sole discretion. You should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” date at the top of this page. Any changes in the Terms take effect upon posting and only apply to use of the Website after that date. Each time you access, use, or browse the Website, you signify your acceptance of the then-current Terms. Your continued use of this Website after the Last Revised date will constitute your acceptance of and agreement to such changes.

Consent to Receive Electronic Communications

You consent to receive communications from Gatewood in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

No Offer or Advice (Legal Disclaimer)

You acknowledge that the Content (as defined below) of this Website is for general, informational purposes only and is not intended to constitute an offer or recommendation to buy, sell, or hold any securities or promise to undertake or solicit business, and may not be relied upon in connection with any offer or sale of securities. You understand that none of the Content constitutes a recommendation that you should pursue any investment strategy, and the Content is not to be relied upon for the purpose of making investment or other decisions. In addition, you understand and agree that all Content provided in connection with the Website is published without consideration of your individual circumstances. Accordingly, you agree that you are solely responsible for any investment decisions or other determinations made, including the evaluation of any investment or other risks, with respect to any of the Content provided in connection with the Website. You agree to consult professional advisors as to any legal, business, tax, accounting, investment, financial or other advice regarding any Content provided in connection with or through the Website.

The information on the Website is provided to you with the understanding that Gatewood’s provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, or other advice or services. Information on this Website should not be relied upon for making business, investment or other decisions or used as a substitute for consultation with professional advisors.

User Accounts and Website Access

If you choose, or are provided with, a user name, password or any other piece of information as part of Gatewood’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password, or other security information. You agree to notify Gatewood immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Gatewood has the right to disable any user account at any time in Gatewood’s sole discretion for any or no reason, including if, in Gatewood’s opinion, such user has violated any provision of these Terms.
You may stop using this Website at any time. These Terms automatically terminate when you fail to comply or if we reasonably believe that you have not complied with any term or condition of them. Termination will not limit any of our other rights or remedies. Any provision that must survive in order to give proper effect to the intent and purpose of these Terms shall survive termination.

No Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GATEWOOD NOR ANY PERSON ASSOCIATED WITH GATEWOOD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER GATEWOOD NOR ANYONE ASSOCIATED WITH GATEWOOD REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, AVAILABLE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, GATEWOOD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. ANY ORAL OR WRITTEN ADVICE PROVIDED BY GATEWOOD OR ITS AGENTS DOES NOT AND WILL NOT CREATE ANY WARRANTY.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NOTHING CONTAINED ON THIS WEBSITE SHOULD BE CONSTRUED AS AN OFFER TO SELL OR THE SOLICITATION OF AN OFFER TO BUY INTERESTS IN ANY SECURITIES OR PRODUCTS OFFER OR BY GATEWOOD. AN OFFERING OF INTERESTS WILL BE MADE ONLY BY MEANS OF A CONFIDENTIAL PRIVATE OFFERING MEMORANDUM AND ONLY TO QUALIFIED INVESTORS IN JURISDICTIONS WHERE PERMITTED BY LAW.
CERTAIN INFORMATION CONTAINED ON THE WEBSITE HAS BEEN SUPPLIED BY THIRD PARTIES. GATEWOOD CANNOT GUARANTEE THE ACCURACY OF ANY SUCH INFORMATION AND DOES NOT REPRESENT THAT SUCH INFORMATION IS ACCURATE OR COMPLETE.

Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GATEWOOD DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, USE, INABILITY TO USE OR PERFORMANCE OF, OR THE INFORMATION, CONTENT, PRODUCTS, SERVICES, FEATURES, FUNCTIONALITIES, OR MATERIALS AVAILABLE FROM OR THROUGH THE WEBSITE. IN NO EVENT SHALL GATEWOOD BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND ARISING OUT OF OR RESULTING FROM (A) THESE TERMS; (B) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (C) WEBSITE CONTENT, PRODUCTS, SERVICES, FEATURES, OR FUNCTIONALITIES; (C) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; (D) ANY LOSS OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF A USER’S DATA; OR (E) PROCUREMENT OF ANY SUBSTITUTE PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLES, EVEN IF GATEWOOD WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY.

YOU FURTHER AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You acknowledge and agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms and that Gatewood would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED, UNLESS OTHERWISE REQUIRED BY LAW.

Indemnity

You agree that you will be solely responsible for, and that you will defend, indemnify, and hold Gatewood and each of their respective officers, directors, agents, employees, and representatives harmless from and against any and all claims, demands, liabilities, costs, or expenses, including reasonable attorneys’ fees, resulting from your violation of these Terms of Use or otherwise resulting from your use of the Website. Gatewood reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify Gatewood for all liabilities, losses, or damages. You agree to provide Gatewood with whatever cooperation it reasonably requests.

Past Performance and Forward-Looking Statements

Past performance is not necessarily a guide to future performance. 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 investment return and principal value of an investment will fluctuate and, as a result, your investment value may be more or less than original cost.

Alternative investments are speculative and often involve a high degree of risk. Investors could lose all or a substantial amount of their investment. Alternative investments are appropriate only for eligible, long-term investors who are willing to forgo liquidity and put capital at risk for an indefinite period of time. They may be highly illiquid and can engage in leverage and other speculative practices that may increase the volatility and risk of loss. Alternative investments typically have higher fees than traditional investments. Investors should carefully review and consider potential risks before investing. Certain of these risks may include but are not limited to:

Loss of all or a substantial portion of the investment;
Lack of liquidity in that there may be no secondary market for a fund;
Volatility of returns;
Restrictions on transferring interests in a fund;
Potential lack of diversification and resulting higher risk due to concentration of trading authority;
Complex tax structures and delays in tax reporting;
Less regulation and higher fees than mutual funds;
Risks associated with the operations, personnel, and processes of the manager; and
Risks associated with cybersecurity.

Information on this Website may contain forward-looking statements, including statements concerning future events and Gatewood operations and performance. These statements are based on current expectations, assumptions and estimates and are inherently subject to significant uncertainties, risks and contingencies, many of which are beyond the control of Gatewood. The Content of this Website reflects Gatewood’s opinion as of the date which such Content was uploaded, and Gatewood expressly disclaims any obligation or undertaking to release any updates or revisions to any statements contained on this Website to reflect any change in expectations with respect thereto or any change in events, conditions or circumstances on which any statement is based.

Modifications to the Website

Gatewood may from time to time and reserves the right at any time to modify, suspend, or discontinue, temporarily or permanently, the Website, products, services, features, functionalities, or any portion thereof, with or without notice. You agree that Gatewood will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website, product, service, feature, or functionality.

Third Party Content

Gatewood does not assume any responsibility or liability for information accessed via hyperlinks to or from third party websites. The existence of such hyperlinks should not be construed as an endorsement, approval or verification by Gatewood of any content available on third party websites. Gatewood provides these hyperlinks as an accommodation to you and solely for informational purposes. By providing access to other websites, Gatewood is not recommending the purchase or sale of products, services or any securities provided by the sponsoring organization of any third party website. Gatewood does not review, monitor or supervise the content of any third party website or hyperlinked website. If you choose to access a linked website, you do so at your own risk.

Privacy and Use of Personally Identifiable Information

In addition to these Terms, your use of and access to the Website is also subject to our Website Privacy Policy (the “Privacy Policy”), which are incorporated by reference herein, as applicable. Our Privacy Policy contains additional terms relating to our potential collection, use, and disclosure of your personal information, as applicable. You agree that you have read, agreed to, and understand our Privacy Policy.

Cyber Security

Gatewood seeks to protect the privacy and security of information and its Website. Gatewood cannot, however, assure you that your information will never be disclosed in a manner inconsistent with these Terms and makes no representations or warranties regarding the sufficiency of our security measures.

Copyright and Trademarks

The trade names, trademarks, service marks, trade dress, logos and other indicia of source found on the Website and any and all information and content available through the Site (including strategies, policies, business plans, research, concepts and other information (collectively, the “Content”)) are proprietary to Gatewood or others and are protected by copyright, trademark, unfair competition, and other laws. You may not reproduce, modify, copy, alter in any way, distribute, sell, resell, transmit, transfer, license, assign or publish any information obtained from this Website without Gatewood’s express prior written consent. You shall not use this Website at any time for any purpose that is unlawful or prohibited and shall comply with any applicable local, state, national or international laws or regulations when using this Website.
Gatewood, and the logos and marks included on this Website that identifies Gatewood services and products are proprietary materials. The use of such terms and logos and marks without the express prior written consent of Gatewood is strictly prohibited. Copyright in the pages and in the screens of the Website, and in the information and material therein, is proprietary material owned by Gatewood, unless otherwise indicated.

The unauthorized use of any material on the Website may violate numerous statutes, regulations and laws, including, but not limited to, copyright, trademark, trade secret or patent laws.

Governing Law

This Website (excluding third party websites) is controlled by Gatewood from its offices in the State of New York, United States of America. By accessing this Website, both you and Gatewood agree that the laws of the State of New York, without regard to the conflicts of law principles will apply to all matters relating to use of this Website. You and Gatewood also agree and hereby submit to the exclusive personal jurisdiction and venue of the New York State and United States federal courts sitting in New York County, New York, United States of America with respect to all such matters.

International Use

The Website is directed at residents of the United States of America, and 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 that would subject Gatewood to any registration or other requirement within such jurisdiction or country. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Gatewood reserves the right to limit access to the Website to any person, geographic region or jurisdiction. Unless otherwise expressly set forth herein, Gatewood makes no representations that transactions, products or services discussed on, or accessible through, the Website are available or appropriate for use in all jurisdictions or by all users, or that access by any user in the jurisdiction in which such user is located is not illegal or prohibited. Users who choose to access the Website from other locations outside the United States access it on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials on the Website under the laws of any applicable jurisdictions.

General Terms

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Waivers are effective only if in writing and signed by us and you. These Terms may not be amended unless in writing. If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been used. Nothing contained in these Terms will be deemed to constitute Gatewood or you as the agent or representative of the other or as joint venturers or partners. These Terms inure to the benefit of and will be binding upon our and your permitted successors and assigns. You must not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent. All of our rights and obligations under these Terms are assignable. Headings and captions are for convenience only.

Last updated: July 2023

Contact Information

You can contact us at:
Email: info@gatewoodcapital.com
Telephone: +1 (212) 994-9590
Postal Address: 66 Hudson Blvd E, 23rd Floor, New York, NY 10001