This agreement governs your use of the site (as defined below.) If you do not agree with the terms and conditions of this agreement, you are not granted permission to access or otherwise use the site.
New Hyde Park Alternative Funds, LLC and New Hyde Park Asset Management LLC (“NHP,” “we” or “us”) reserve the right to update or modify this Agreement at any time and from time to time. When we make changes to this Agreement, we will revise the “last updated” date at the top of this Agreement. We encourage you to periodically review this Agreement. Your continued use of the Site after any changes or revisions to this Agreement shall indicate your agreement with the terms of this Agreement.
Restricted Areas of the Site
We may restrict access to certain areas of the Site. If we restrict access to certain areas of the Site, you can choose to voluntarily register to access these areas. During the registration process, we may designate a unique User Name for your exclusive use (“User Name”). Once you have received your designated User Name, you will be prompted to create a password (“Password”). We may also request that you provide certain additional information (“Unique Identifiers”) that will assist in authenticating your identity when you log-in in the future. Examples of Unique Identifiers may include mother’s maiden name, the make of your first automobile, and the name of your favorite pet. Each User Name and corresponding Password can only be used by one subscriber. You are solely responsible for the confidentiality and use of your User Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Site using one or more of them. You will promptly inform us of any need to deactivate a Password or User Name, or change any Unique Identifier. We reserve the right to delete or change your Password, User Name, or Unique Identifier at any time and for any reason.
User Initiative and Compliance with Laws
Users who access the Site do so at their own initiative and risk and are responsible for compliance with all applicable laws.
Intellectual Property Rights in the Site
You acknowledge that the Site, the Content and various elements contained therein may be protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that all Content is and shall remain the property of NHP or its licensors. You agree to comply with all intellectual property laws, and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.
Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Content displayed on the Site, without our prior written permission in each instance. All goodwill generated from the use of the Content will inure to our benefit.
All information collected on the Site will be entered voluntarily. By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to us through the Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information through the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
Links to Other Web Sites
The Site may periodically provide links to third party websites (“Third-Party Sites”). This Agreement governs only the Site and not any Third-Party Sites. Our decision to link to a Third-Party Site is not an endorsement of the content or services in that linked Third Party Site. If you decide to access linked Third-Party Sites, you do so at your own risk. You should direct any concerns regarding any Third-Party Sites to the administrator of the applicable Third-Party Site. We also prohibit the use of any links to the Site from any other websites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of this Site with any other website.
Security of the Site
Actual or attempted unauthorized use of the site may result in criminal and/or civil prosecution. We reserve the right to view, monitor, and record activity on the site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the site. We will also comply with all course orders as well as all law enforcement and regulator inquiries involving requests for such information.
Disclaimer of Warranties
You acknowledge and agree that this site, content, and services are provided on an “as is” and “as available” basis. None of NHP, its affiliates, subsidiaries or its or their officers, directors, employees, members, or agents (collectively the “NHP parties”) guarantees the accuracy, completeness, timeliness, reliability, suitability, or usefulness of any portion of the site, content or services will be uninterrupted or error free or that the site, its server, or any files available for downloading through the site are free of computer viruses or other harmful elements. You expressly agree that the entire risk as to the quality and performance of the site and the accuracy, timeliness or completeness of the content or services is assumed solely by you. None of the NHP parties makes any, and hereby specifically disclaim any and all, representations, endorsements, guarantees, and warranties, express or implied, regarding the site, content or services, including without limitation, the implied warranties of merchantability and fitness for a particular purpose, title and non-infringement of third-party rights. Your sole and exclusive remedy for dissatisfaction with this site, content and/or services is to stop using the site.
No Responsibility for Connectivity
You agree that you are responsible for the means you use to access the Site and all costs associated therewith. You understand that we are not responsible for the performance of your hardware, software, the internet, your internet service provider and other third parties involved in connecting you to the Site.
Limitation of Liability
Under no circumstances will any of the NHP parties be liable for any loss or damage caused by your reliance on information obtained through the site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of the site. In no event shall any of the NHP parties be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or relating to the site, the content, the services or otherwise arising out of this agreement, whether based on warranty, contract, tort, or any other legal theory. Because some jurisdictions do not allow the exclusion or limitation of liability for negligence, consequential, incidental, or other damages, in such jurisdictions NHP’s liability is limited to the greatest extent permitted by law.
You agree to defend, indemnify, and hold the NHP parties harmless from and against any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site or breach of any of the terms of this Agreement.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of this Site at any time without prior notice or liability.
Electronic Communications and Contracting
This Site may contain additional agreements and disclosures in electronic form. By assenting to this Agreement, you agree that a printed version of this Agreement and other agreements entered into by you on the Site in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Review of Anonymous Data from HubSpot or Google Analytics
NHP has implemented the HubSpot Marketing Hub and Google Analytics Demographics and Interests Reporting feature on the Site. NHP uses this feature to review anonymous data regarding the gender, age and interests of the Site visitors to develop the Site and content around its visitor’s needs. Visitors may opt-out of the Google Analytics Demographics and Interests Reporting feature by using the Google Ads Settings or through the Google Analytics Opt-out Tool.
Review of Activities Data from Google Ads
NHP has implemented the HubSpot and Google Ads feature on the Site. NHP uses this feature to collect data about the Site visitor’s activities that does not personally or directly identify the Site visitor when they visit the Site, or websites and online services where NHP displays advertisements. This information may include the content the Site visitors view, the date and time that the Site visitor views the content, or the location information associated with the Site visitors IP address.
In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled “Limitation of Liability”, “Indemnification”, and “Miscellaneous” shall survive the termination of this Agreement. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You expressly absolve and release the NHP Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement and any other agreements between the parties entered into through this Site shall be governed by and construed in accordance with the laws of the State of Illinois. Except for proceedings commenced by us to protect our intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of Illinois. This Agreement contains the entire agreement of the parties concerning the Site and supersedes all existing agreements and all other oral, written, or other communication between the parties concerning its subject matter. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Site. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability, or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by us.
Thank you for your cooperation. We hope you find the Site helpful and convenient to use. Questions or comments regarding the Site, including any reports of non-functioning links, please contact us.