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Purpose and Accuracy of Information on the Website; No Advice
Except as may otherwise be provided to the contrary, the information on the Website (the "Content") is for informational use only and is not intended to be, nor should it be construed or used as, tax, legal or investment advice, a recommendation of any kind, or an offer or solicitation to buy or sell securities or related investments products or services, including interests or shares in funds managed by Watermark (each, a "Fund," and together, the "Funds"). The Content is provided solely on the basis that you make your own investment decisions and does not constitute or create a business or professional services relationship.
The Content is provided to you in connection with your investment or prospective investment in a Fund and/or in connection with a business relationship or prospective business relationship with a Fund and/or with Watermark (the "Purpose"). The Content is directed only at persons or entities in any jurisdiction or country where access to Content and use of such Content is not contrary to local law or regulation. Accordingly, you are responsible for informing yourself of and complying with any such restrictions.
The Content is current only as of the date it is first posted and may no longer be true or complete when viewed by you. Additionally, the Content may be changed or amended without prior notice. The Website may contain Content that includes information provided by or that is derived from information provided by third parties, which although believed to be reliable has not been independently verified. The accuracy or completeness of such information cannot be guaranteed. Watermark is under no obligation to update or revise any such information, and Watermark does not accept any liability arising out of the use of such information.
Except as otherwise may be provided to the contrary, if made available through the Website, all performance figures, portfolio positions, portfolio holdings and related data, are unaudited and are subject to adjustment. Watermark is under no obligation to update or revise any such data. Investments for the Funds are selected by, and will vary at the discretion of Watermark, and it should not be assumed that Watermark will continue to invest in such instruments. Furthermore, such investments are subject to availability and market conditions, among other things, and it should not be assumed that such investments or similar investment opportunities will become available to the Funds in the future. No representation is made that Watermark's or a Fund's risk management, investment process or investment objectives will or are likely to be achieved or will be successful or that a Fund will make any profit or will not sustain losses.
The Content may not be complete and does not contain certain material information regarding the Funds, including specific information relating to an investment in the Funds and related important risk disclosures. INVESTORS SHOULD ONLY INVEST IN A FUND ONCE THEY HAVE THOROUGHLY REVIEWED THE CONFIDENTIAL PRIVATE PLACEMENT MEMORANDUM AND OTHER OFFERING DOCUMENTS FOR THE FUND AND CAREFULLY CONSIDERED THE RELEVANT INVESTMENT OBJECTIVES, RISKS, CHARGES AND FEES. INVESTORS MAY WISH TO CONSULT AN INDEPENDENT FINANCIAL ADVISOR FOR PERSONAL AND SPECIFIC INVESTMENT ADVICE BEFORE INVESTING.
INVESTMENT IN ANY OF THE FUNDS AND/OR STRATEGIES DESCRIBED ON THE WEBSITE CARRIES SUBSTANTIAL RISK, INCLUDING THE POSSIBLE LOSS OF CAPITAL. THERE IS NO GUARANTEE THAT THE INVESTMENT OBJECTIVES OF THE FUNDS AND/OR STRATEGIES WILL BE ACHIEVED AND RETURNS MAY VARY SIGNIFICANTLY OVER TIME. INVESTMENT IN THE FUNDS AND/OR STRATEGIES DESCRIBED ON THE WEBSITE IS NOT SUITABLE FOR ALL INVESTORS.
PAST PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS.
FUND OFFERING DOCUMENTS CONTAIN RISK WARNINGS THAT ARE SPECIFIC TO EACH FUND THAT MAY BE DESCRIBED ON THE WEBSITE.
You will maintain and hold the Content in strict confidence and will not copy, reproduce, distribute or disclose any Content to any person, or otherwise use any Content, other than in connection with the Purpose. You agree to exercise at least the same degree of care with respect to the confidentiality of the Content as you would exercise in respect of your own confidential information.
You agree that you may disclose Content, subject to the terms hereof, only to your affiliates and your and their respective employees, officers, partners, members, consultants, directors, advisors and agents (such recipients of Content, collectively, your "Representatives") who shall be subject to the same obligations of confidentiality set forth herein. You shall not, without Watermark's prior written consent, disclose Content to any persons other than your Representatives, except to the extent you are required by a legal, governmental or regulatory authority. You shall be responsible for any unauthorized disclosure of Content by you or your Representatives.
The restrictions on disclosure set out herein shall not apply to any information which: (a) as of the date of its disclosure to you is public knowledge, or which subsequently becomes public knowledge other than by any breach of the obligations hereunder by you or your Representatives; (b) was lawfully available to you prior to such information having been disclosed or made available to you by Watermark or on our behalf; and (c) is at any time after the date hereof acquired by you from a source other than Watermark or on our behalf, provided such source is not known by you (after reasonable inquiry) to be acting in breach of an existing obligation of confidentiality or secrecy to Watermark or the Funds.
You further represent, acknowledge and agree: (a) that the Content shall remain Watermark's property or the property of the Funds, as the case may be; (b) that none of Watermark or the Funds shall have any liability to you or your Representatives relating to or arising from your or your Representative's use of the Content, including, with respect to communications, documents, analyses, reports and other materials prepared by you or your Representatives that contain or reflect the Content (irrespective of whether Watermark or the Funds have been given an opportunity to review such communications, documents, analyses, reports and other materials prior to their release or use); and (c) that none of Watermark or the Funds shall have any liability to you or your Representatives relating to any misstatements of fact or omission to state any fact in the Content.
In the event that you or your Representatives become legally compelled to disclose any of the Content, you will provide Watermark and/or the Funds with prompt written notice (to the extent legally permitted) so that we may seek a protective order or other appropriate remedy or waive compliance with the confidentiality provisions hereunder.
You understand that Watermark and the Funds would be irreparably injured by a breach of your obligations hereunder, that damages may not be an adequate remedy for any breach and that Watermark and/or the Funds shall be entitled to equitable relief, including injunctive relief and specific performance, in the event of any breach or threatened breach of the provisions hereof (without the requirement of posting a bond, other security or any similar requirement or proving any actual damages) by you or your Representatives, this being in addition to any other remedy to which Watermark and/or the Funds are entitled at law or in equity.
Excluding statements of confidentiality that may be included in disclaimers accompanying the Content, in the event of any conflict between the terms hereof and any separate confidentiality agreement entered into between you, a Fund and/or Watermark before, on or after the date hereof, the terms of the separate confidentiality agreement shall prevail with respect to the subject matter and time period thereof.
You are solely responsible for the confidentiality and security of your password. You accept full responsibility for any use of your password. You must notify Watermark immediately of any actual or suspected loss, theft or unauthorized use of your password.
Watermark is not obligated to inquire as to the authority or propriety of any use of or action taken under your password. Watermark will not be responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions.
Limitations to Use; Unauthorized Use
You warrant that you will not use the Website to conduct or engage in unlawful activities, to violate any law or regulation, or to violate or infringe upon the rights of Watermark, or any third party, including without limitation, contractual rights, intellectual property rights, and privacy rights. You shall not use or introduce into the Website any device, software, or routine that could damage or interfere with the proper operation of the Website. You shall not directly or indirectly take any action to unduly stress the Website, including by way of example and not limitation, incurring session lengths or conducting search queries that Watermark reasonably determines to be abusive.
Watermark reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Website, at any time and for any reason without prior notice or liability. Watermark reserves the right to change, suspend or discontinue all or any part of the Website at any time without prior notice or liability.
You agree to indemnify, defend, and hold harmless Watermark, the Funds, their respective affiliates, and the officers, partners, employees, and agents of Watermark, the Funds and their respective affiliates, from and against any and all claims, liabilities, damages, losses, or expenses, including legal fees and costs, arising out of or in any way connected with your access to or use, or attempted access or use, of the Website.
EXCEPT AS EXPRESSLY PROVIDED HEREUNDER, THE WEBSITE, INCLUDING WITHOUT LIMITATION ALL CONTENT AND INFORMATION PROVIDED IN CONNECTION WITH THE WEBSITE, IS PROVIDED "AS IS," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE GREATEST EXTENT PERMITTED BY LAW, WATERMARK EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, EXPECTED RESULTS, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NO REPRESENTATION, WARRANTY OR UNDERTAKING IS GIVEN AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT BY WATERMARK OR ANY OF ITS AFFILIATES AND NO LIABILITY IS ACCEPTED BY SUCH PERSONS FOR THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. IN NO EVENT WILL WATERMARK OR ANY OF ITS AFFILIATES BE LIABLE TO YOU FOR ANY CLAIM OR LOSS CLAIMED BY YOU OR ANY THIRD PARTY RELATING TO BUSINESS DECISIONS MADE BY YOU AS A RESULT OF YOUR USE OF THE WEBSITE OR THE CONTENT. THE INTERNET IS NOT A COMPLETELY RELIABLE TRANSMISSION MEDIUM, AND WATERMARK SHALL NOT BE LIABLE FOR ANY DATA TRANSMISSION ERRORS SUCH AS DATA LOSS, DAMAGE OR ALTERATION OF ANY KIND. WATERMARK DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY CONTENT CONTAINED THEREIN. UNDER NO CIRCUMSTANCES SHALL WATERMARK OR ANY OF ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (EVEN IF SUCH DAMAGES ARE FORESEEABLE OR WHERE WATERMARK HAS BEEN ADVISED OR HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM YOUR USE OR MISUSE OF THE WEBSITE, ANY CONTENT, OR ANY INFORMATION CONTAINED ON ANY OTHER WEBSITE.
Copyright, Trademarks and Other Rights
Nothing on the Website should be considered as granting any license or right under any trademark of Watermark, the Funds or any third party.
Watermark grants you the limited, nonexclusive, nontransferable, and non-sub-licenseable right to access the Content for your own personal or business use, and the right to reproduce the Content for your own reference.
Privacy for California Consumers
These disclosures are required by the California Consumer Privacy Act (“CCPA”), are only relevant to residents of California, and apply only to the collection or other use of “personal information” that is subject to the CCPA.
Watermark may collect the following categories of personal information about California consumers:
Watermark does not knowingly collect, solicit or sell personal information from anyone under the age of 16.
Watermark collects personal information from the following categories of sources:
Your communications with Watermark; and
Service providers, including, but not limited to administrators, banks, brokers, auditors, law firms, consultants, and custodians.
Use of Personal Information. Watermark may use the personal information it collects for one or more of the following purposes:
Providing you with information about the Funds;
Providing performance and other updates;
One or more of the following business purposes:
Performing services (by Watermark or another service provider) such as account servicing, processing orders and payments, and analytics;
Detecting and protecting against security incidents, fraud, and illegal activity;
Activities to maintain and improve Watermark’s services; and
Short-term, transient use, provided that the personal information is not disclosed to another third party and is not used to build a profile about a consumer.
Sharing Personal Information. Watermark may disclose personal information in one or more of the categories identified above to:
Service providers, including but not limited to administrators, banks, auditors, law firms and consultants;
Legal or government regulatory authorities as required by applicable law; and
In connection with a potential business transfer.
Watermark does not sell any personal information it collects to third parties, and Watermark will only share personal information it collects as set forth above.
Rights of California Consumers. The CCPA provides a California consumer the following rights, subject to certain exceptions and limitations:
The right to request (a) the categories and specific pieces of personal information about you that Watermark collects, uses, and discloses, (b) the categories of sources from which Watermark collects your personal information, (c) Watermark’s purposes for collecting your personal information, (d) the categories of your personal information (if any) that Watermark discloses for a business purpose, and (e) the categories of third parties with which Watermark shares personal information;
For certain categories of personal information, the right to request a list of what personal information (if any) Watermark discloses to third parties for their own direct marketing purposes in the past 12 months and the names and addresses of those third parties;
The right to request that Watermark deletes the personal information it has collected from you or maintain about you;
The right to opt out of Watermark’s sale(s) (if any) of your personal information; and
The right not to receive discriminatory treatment for the exercise of the privacy rights conferred by the CCPA.
You may submit requests relating to your exercise of rights under the CCPA to Watermark:
via phone – (609) 683-8200;
email – firstname.lastname@example.org.
Watermark may need to request additional information from you to verify your identity or understand the scope of your request. If Watermark is unable to verify your identify, it will need to deny your request.
You may designate an authorized agent to make a CCPA request on your behalf by mailing two forms of identification showing your first name, last name, and current address, and a signed authorization allowing an agent to request information on your behalf.
Watermark prohibits the use of any links to the Website from any other websites unless establishment of such a link is approved in advance by Watermark.
Enforceability and Governing Law