PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE ENTERING THE SYNCHRONY CAPITAL, L.L.C.WEBSITE.
The information and documents on this Site are considered confidential. You agree that the information on this Site may not be transmitted (in any form) to any other person (other than your legal, accounting and financial advisors) without Synchrony Capital’s consent. You agree to keep all such information confidential and to use such information solely for evaluating and/or monitoring an investment in a Synchrony Capital investment product.
All materials on this Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions or disclosures apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material that you consult or download.
NOT INVESTMENT ADVICE OR A PUBLIC SOLICITATION
This Site and the information contained herein is for informational purposes only and does not constitute a complete description of our investment services or investment products. It is not intended as investment advice. The information contained herein is neither an offer to sell nor a solicitation of an offer to purchase any securities or investment advisory services. Synchrony Capital provides services only to qualified investors . At a minimum, to qualify to invest in any of our hedge fund products you must be an Accredited Investor and Qualified Purchaser. An investment with Synchrony Capital involves a degree of risk, and may only be made pursuant to the respective agreement(s) governing such investment and only in those jurisdictions where permitted by law.
INVESTMENT RISKS AND PERFORMANCE INFORMATION
Investing entails risks, including possible loss of principal. Alternative investments generally are illiquid, subject to a substantial risk of loss and are not suitable for many investors. No assurances or guarantees are given regarding the performance of any investment. Past performance is not necessarily indicative of future results and is no guarantee of future returns. The investment return and principal value of an investment will fluctuate and, as a result, your redemption value may be more or less than original cost. The investments are not bank deposits and are not insured by the FDIC or any other entity.
Any performance figures, unless stated otherwise, are unaudited estimates and are based on information from third-party sources that may be inaccurate or incomplete. Any comparison to an index is for illustrative purposes only. The investment strategies and risk characteristics of Synchrony Capital’s investment products are typically different from those of an index. The representative investment strategies are examples and do not take into account your particular investment objectives, strategies, tax status or investment horizon. Therefore, individual returns may vary due to, among other things, the timing of capital contributions and withdrawals, tax withholding, special allocations of new issues and/or different fee arrangements.
Any information you receive from Synchrony Capital is believed to be reliable. Nevertheless, neither Synchrony Capital nor its agents are liable for any deficiencies in the accuracy, completeness, availability or timeliness of such information. The information provided on this Site does not necessarily reflect the most up to date or current information available on the product in question. The information contained herein is provided without any warranty of any kind.
OWNERSHIP OF SITE, COPYRIGHT AND SERVICE MARK
This Site is the property of Synchrony Capital. The Site and any and all accompanying screens, information, materials, user documentation, user interfaces, images, arrangements of information, related software and other proprietary property of Synchrony Capital or its licensors is and shall remain the exclusive property of Synchrony Capital and its licensors, as the case may be. All rights to the Site remain with Synchrony Capital or its licensors. This Site is for your personal and non-commercial use. You may not modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from this Site.
This Site is not absolutely protected against unauthorized third parties. You acknowledge that any information provided through the internet may be potentially accessed by unauthorized third parties. Although Synchrony Capital will make reasonable efforts to protect the privacy of users of this Site, no guarantee can be made that unauthorized third parties will not access the information contained on the Site. You acknowledge that Synchrony Capital is not necessarily responsible for notifying you that unauthorized third parties have gained such access or that any data has been otherwise compromised during transmission across computer networks or telecommunications facilities, including, but not limited to, the internet. Synchrony Capital 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.
PASSWORDS AND SECURITY
Certain areas of the Site are password protected and are only accessible to those who have a valid Synchrony Capital-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 Synchrony Capital has granted you limited access, and you agree not to attempt to access other computer files. Persons who have access to the password protected area are responsible for maintaining the confidentiality of any account information, user names and/or security questions and answers that they may use to access any page or feature on the password protected area, and for logging off any protected areas of the Site. Accordingly, you should take steps to protect the confidentiality of your password. You agree to notify Synchrony Capital immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password.
Persons with access to the password protected area are solely responsible for maintaining the confidentiality and security of their unique passwords. They may not disclose their passwords to any third party. If password information is shared with a third party in violation of this agreement, such as an information aggregator, we may not be able to verify the user of the password information. If password information is shared with a third party in violation of this agreement, including an information aggregator, Synchrony Capital assumes no liability or responsibility whatsoever for the integrity and security of that third party’s information systems or the dissemination, through a third party, of any confidential information. Synchrony Capital will not be responsible for any loss that arises from such use or action or from the failure to comply with these provisions.
Synchrony Capital has not necessarily reviewed unaffiliated sites linked to this Site, if any, and is not responsible for the content of off-site pages or any other site linked or linking to the Site. Your browsing of any off-site pages or other sites is at your own risk. Synchrony Capital makes no representations whatsoever about the opinions of any third party appearing on a linked site, neither regularly monitors nor has control over the contents of such sites, and does not endorse, and disclaims all responsibility for, the content of such statements or web sites.
PERSONAL INFORMATION WE COLLECT
We collect personal information about you in connection with our providing advisory services to you. This information includes your social security number and may include other information such as your:
• Investment experience;
• Transaction history;
• Income; and
• Wire transfer instructions.
HOW WE COLLECT THIS INFORMATION
We collect this information from you through various means. For example when you give us your contact information, enter into an investment advisory contract with us, buy securities (i.e., interests in a fund) from us, tell us where to send money, or make a wire transfer. We also may collect your personal information from other sources, such as our affiliates.
HOW WE USE THIS INFORMATION
All financial companies need to share customers’ personal information to run their everyday business and we use the personal information we collect from you for our everyday business purposes. These purposes may include for example:
• To provide advisory services to you.
• To open an account for you.
• To process a transaction for your account.
• To market products and services to you.
• To respond to court orders and legal investigations.
DISCLOSURE TO OTHERS
We may provide your personal information to our affiliates and to firms that assist us in servicing your account and have a need for such information, such as a broker or fund administrator. We may also disclose such information to service providers and financial institutions with whom we have joint marketing arrangements (i.e., a formal agreement between nonaffiliated financial companies that together market financial products or services to you, such as placement agents). We require third-party service providers and financial institutions with which we have joint marketing arrangements to protect the confidentiality of your information and to use the information only for the purposes for which we disclose the information to them. These sharing practices are consistent with Federal privacy and related laws, and in general, you may not limit our use of your personal information for these purposes under such laws. We note that the Federal privacy laws only give you the right to limit the certain types of information sharing that we do not engage in (e.g., sharing with our affiliates certain information relating to your transaction history or creditworthiness for their use in marketing to you, or sharing any personal information with nonaffiliates for them to market to you).
HOW WE PROTECT YOUR PERSONAL INFORMATION
To protect your personal information from unauthorized access and use, we use security measures that comply with Federal law. These measures include computer safeguards and secured files and buildings.
WHO IS PROVIDING THIS PRIVACY NOTICE
This Privacy Notice relates to the following entities:
• Synchrony Capital, LLC
• Synchrony Value Fund, L.P.
WHOM TO CONTACT WITH QUESTIONS
If you have any questions about this Privacy Notice, call (857) 265 6573
NO WARRANTY OR RELIANCE
Any performance information, market analyses or data or other information is not warranted by Synchrony Capital or its affiliates as to completeness or accuracy, express or implied, and such information is subject to change without notice.
The Site, including information and materials contained in the Site, text, graphics, software, links and other items are provided “as is,” “as available” without warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law. Without limitation, Synchrony Capital does not warrant the accuracy, adequacy, completeness, reliability, timeliness or availability of the Site or any information on this Site, and expressly disclaims liability for errors or omissions in the Site. There is no warranty of merchantability, no warranty of fitness for a particular purpose, no warranty of non-infringement, no warranty of any kind, implied, express or statutory, in conjunction with the Site. Any contents on this Site are subject to change without notice. Synchrony Capital further assumes no responsibility for, and makes no warranties that, functions contained at this Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available will be free of viruses or other harmful components. Please note that some jurisdictions do not allow the exclusion of certain warranties, so some or all of the above exclusions may not apply to you.
LIMITATION OF LIABILITY AND INDEMNIFICATION
In no event will Synchrony Capital be liable for any damages, or for repairs or corrections that must be performed, to or on your computer, person or other property, including, without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Site or use thereof or the inability by any party to use the Site, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Synchrony Capital, or representatives thereof, are advised of the possibility of such damages, losses or expenses. Any content or data downloaded or otherwise obtained through the use of this Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content.
As consideration for access to this Site, you agree to indemnify and hold harmless Synchrony Capital 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 or Synchrony Capital arising out of or in connection with any decisions that you make based on such content, your use of this Site or your violation of our Site policies. You agree to make Synchrony Capital and its subsidiaries and affiliates whole for any and all claims, losses, liabilities and expenses (including attorneys’ fees) arising from your use of this Site or any violation of this agreement, unless prohibited by law.