Terms of Use
Please read these Terms of Use carefully before you access this website. By accessing this website and any materials presented on it (the “Site”), you acknowledge and agree to be bound by all of the following terms and conditions pertaining to the Site. If you do not agree to all of the terms and conditions of these Terms of Use, then you must not access the Site.
Freestone Capital Management, LLC and its affiliates (“Freestone,” “we,” “us” or “our”) reserve the right to limit or deny access to this Site to any person, geographic region or jurisdiction at any time without prior notice. In addition, we reserve the right, at our discretion, to change, modify, add or remove portions of these Terms of Use at any time without providing any notice. Any such changes shall be effective immediately. By using this Site after we have posted changes to these Terms of Use, you are acknowledging such changes and are agreeing to be bound by these Terms of Use as amended. Your access and continued use of the Site is at your own initiative. Accordingly, we suggest that you review these Terms of Use periodically for changes.
Important Disclaimers
This Site provides general information regarding our services. The information on this Site is not intended to provide, and should not be relied upon for, accounting, legal, tax or investment advice or recommendations. Additional information regarding Freestone Capital Management, LLC is available on the SEC’s website at www.adviserinfo.sec.gov.
Interests in the private funds managed by us (the “Funds”) may only be purchased pursuant to the applicable Fund’s confidential offering memorandum, subscription agreement, organizational documents and audited financial statements (the “Fund Documents”). You must review the applicable Fund Documents in their entirety, including the risk factors, conflicts of interest and other cautionary disclosures contained therein, before making any investment decision. The Fund Documents supersede all other documents or disclosures in all respects, and you should rely only on the information contained in the Fund Documents.
In various reports, and also in due diligence meetings, telephone conversations, email exchanges and other communications, we provide a range of information to investors and prospective investors in the Funds. In every case, such information is qualified by the Fund Documents. In particular, all such information is qualified by all of the risk factors, conflicts of interest and other cautionary disclosures contained in the Fund Documents. None of our reports or other communications is intended to, and no one has been authorized to, make any representation or statement regarding any Fund that is inconsistent with the applicable Fund Documents or that qualifies, limits or contradicts any of the risk factors, conflicts of interest or other cautionary disclosures contained in the Fund Documents.
All of our investment solutions involve risk, and there can be no assurance that our investment, risk management or other objectives will be achieved. Past performance is not an indication of future performance. Nothing on this Site is intended to imply that any investment may be considered “safe” or “risk-free.”
ANY PERFORMANCE INFORMATION PRESENTED ON THIS SITE IS HISTORICAL AND IS NOT AN INDICATION OF FUTURE PERFORMANCE. NO REPRESENTATION IS BEING MADE THAT ANY INVESTMENT WILL ACHIEVE OR IS LIKELY TO ACHIEVE RESULTS SIMILAR TO THOSE ACHIEVED IN THE PAST.
Informational Use Only
This Site is provided for your information only and nothing contained on this Site constitutes any kind of recommendation or advice, including without limitation any investment, legal or tax advice. Decisions based on information contained on this Site are your sole and absolute responsibility and at your sole risk.
No Offer
No material or opinion contained on this Site is, and nothing on this Site shall be considered to be, an offer to sell or a solicitation of an offer to buy any product, security or service. In addition, nothing on this Site constitutes or is intended to constitute investment advice or an offer of investment advice. All such offers can only be made where lawful under, and in compliance with, applicable law. No security, product or service (including investment advisory services) is offered or will be sold in any jurisdiction in which such offer or sale would be unlawful under the securities or other laws of such jurisdiction. Any direct communication by us with a prospective client will only be conducted by a representative that is either registered or exempt from registration in the prospective client’s state of residence.
No Warranty
The materials on this Site are provided “AS IS” and “AS-AVAILABLE,” without warranties of any kind. This Site contains derived information that is not used in our internal operations and that is not independently verified, tested or audited. We expressly disclaim, to the fullest extent permitted under applicable law, any and all warranties, express or implied (including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement), with respect to the use of or the result of the use of (A) this Site or (B) any information or materials available on this Site, including without limitation the accuracy, completeness, correctness, timeliness or reliability of such information or materials.
Freestone assumes no responsibility for, and makes no warranties that, functions contained on this Site will be uninterrupted or error-free, that defects will be corrected or that this Site or the server that makes it available will be free of viruses or other harmful components. Freestone shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed on, your computer on account of your accessing this Site.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL FREESTONE OR ANY OF ITS OFFICERS, DIRECTORS, PRINCIPALS, AGENTS OR EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY RESULTING FROM THE USE OF OR INABILITY TO USE THIS SITE OR ANY DELAY IN USING THIS SITE OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER ARISING IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF FREESTONE OR ANY OF ITS OFFICERS, DIRECTORS, PRINCIPALS, AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. IF YOU LIVE IN A U.S. STATE OR A FOREIGN COUNTRY THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Restricted Access
Access to the password protected areas of this Site is strictly limited. The contents of the password protected areas of this Site are subject to all of the provisions of these Terms of Use. You may not obtain access to the password protected areas of this Site, or to any other protected materials or information, through any means not intentionally made available to you by Freestone for your specific use.
You are solely responsible for maintaining the confidentiality and security of your user name and password and you accept full responsibility for the use of your password. Sharing your user name or password with third parties violates these Terms of Use and our trust. We are not obligated to inquire as to the authority or propriety of any use of or action taken under your password, and we are not responsible for any loss to you that arises from such use or action. Notify us immediately of any actual or suspected loss, theft or unauthorized use of your password.
We reserve the right, in our sole discretion, at any time and without any prior notice or warning to you, to deny you access to the Site, to suspend or terminate your access to the Site or to disable your user name or password.
Restrictions on Use of Materials
All content contained on this Site is owned or licensed by Freestone and is protected by copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property rights. You may copy, reproduce or download any information or portion of this Site for your personal, non-commercial use only, provided you keep intact and properly display all copyright and other proprietary notices. You may not copy, distribute, modify, transmit, reuse, display, reproduce, publish, license, frame, create derivative works from or otherwise use the content of this Site, including without limitation, any text, images, audio, video, software code or user interface, in whole or in part, for public or commercial purposes without first receiving our express written permission. Modification or use of the information or materials on this Site for any other purpose will violate Freestone’s intellectual property rights and is strictly prohibited.
Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any image, trademark, logo or service mark displayed on this Site without Freestone’s prior written permission.
Local Laws and Other Jurisdictional Issues
You have accessed this Site at your own initiative and you are responsible for compliance with any local laws or regulations related to visiting this Site or accessing any information contained on this Site. The information and materials provided on this Website 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 Freestone to any registration requirement within such jurisdiction or country.
Privacy and Transmissions to and from Our Site
Please review our Privacy Policy, which is a part of these Terms of Use and is incorporated by its reference herein, to learn about the information we collect from you, how we use that information and the measures we take to preserve the privacy and security of your information. By using our Site, you authorize us to make available any information you provide to us, including personally identifiable information, to any third party that hosts our Site to the extent reasonably necessary to facilitate the website products and services provided to us.
Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to, from or via this Site may not be secure. Communications to us, particularly those containing confidential or personal information, should be sent by mail to Freestone Capital Management, LLC, 701 5th Avenue, 74th Floor, Seattle, Washington, Attention: Legal. Except as expressly set forth in our Privacy Policy and any Freestone documents applicable to you, and except as required by our fiduciary duties to our clients, any communication or other material that you send to us through the Internet or post on this Site by electronic mail or otherwise, is and will be deemed to be non-confidential and Freestone shall have no obligation of any kind with respect to such information. Freestone shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, without any compensation to you or anybody else.
Links to and From Other Websites and Services
We may establish hyperlinks between this Site and one or more websites operated by third parties. We do not review or monitor any of these websites and have no control over such websites, their contents or any products or services offered. Any hyperlinks to other websites from this Site are provided merely for your convenience as a user of this Site and the inclusion of these hyperlinks is not and does not imply an endorsement, representation or warranty by Freestone with respect to any such hyperlinked websites or the content, products or services contained or accessible through such websites or the operators of such websites. Your access to and use of any third party website is governed by the terms of use and privacy policies of those websites, and shall be at your own risk. We expressly disclaim responsibility for the privacy policies and customer information practices of third-party websites hyperlinked from this Site.
You shall not display hyperlinks on any website to this Site. If you desire to display a hyperlink to this Site on any website, you must first enter into a written agreement with us regarding such display.
Beta Services
We may designate certain new functionality or services on the Site as “Beta Services.” Such Beta Services will not be ready for use in a production environment. Because they will be at an early stage of development, operation and use of the Beta Services may be unpredictable and lead to erroneous results. You acknowledge and agree that: (A) the Beta Services will be experimental and will not have been fully tested; (B) the Beta Services may not meet your requirements; (C) the use or operation of the Beta Services may not be uninterrupted or error free; (D) your use of the Beta Services will be for purposes of evaluating and testing the new functionality and services and providing feedback to us; and (E) you shall inform your employees, staff members, and other users regarding the nature of the Beta Services. Your use of the Beta Services shall be subject to all of the terms and conditions set forth herein. You agree to report promptly any errors, defects, or other deficiencies in the Beta Services to us. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, ALL BETA SERVICES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. You hereby waive any and all claims, now known or later discovered, that you may have against us and our suppliers/licensors arising out of your use of the Beta Services.
Prohibited Uses
Except as otherwise stated in these Terms of Use or as expressly authorized by us in writing, you shall not:
1. Use this Site in a manner that, or post anything to this Site that, violates any law, rule or regulation;
2. Use this Site in any manner that could damage or overburden any Freestone server or the third-party server that hosts this Site, or any network connected to any such servers;
3. Use this Site in any manner that would interfere with another party’s use of this Site;
4. Include the term “Freestone,” or any Freestone intellectual property or principal’s name, or any variation of the foregoing, in a manner, including as a meta-tag or hidden textual element;
5. Use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy this Site or the reports, data, information, content, software, products services or other materials on, generated by or obtained from our Site, whether through links or otherwise (collectively, “Materials”), without our permission, provided that generally available third-party web browsers may be used without our permission; or
6. Use this Site or the Materials in any manner that could create an impression of affiliation, sponsorship or endorsement by Freestone.
Governing Law
These Terms of Use and your use of this Site shall be governed by the laws of the United States of America and the State of Washington without regard to its rules on conflicts of law.
Waiver and Severability
No waiver by us of any provision of these Terms of Use will be effective unless signed in writing by us. If any provision of these terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Last updated: January 2017
Freestone Capital Management Business Continuity Planning
We have developed a Business Continuity Plan designed to address and govern how we will respond to events that significantly disrupt our business. Since the timing and impact of disasters and disruptions is unpredictable, we must be flexible in responding to actual events as they occur. With that in mind, we are providing you with this information on our business continuity plan.
Contacting Us – If after a significant business disruption you cannot contact us by phone at 206.707.7300 /800.990.3001 or by email to the Freestone employee(s) with whom you typically interact, you should be able to access your account information, including execution of transactions, disbursements of cash, and other important information through our primary custodian Charles Schwab, Inc. at the number and website below. You should also check our website, www.freestonecapital.com, for timely notices regarding any business disruption.
Schwab Alliance – 800.515.2157 www.schwab.com
Our Business Continuity Plan – We plan to quickly recover and resume business operations after a significant business disruption and respond by safeguarding our employees and property, making a financial and operational assessment, protecting our books and records and allowing our clients to transact business. Our business continuity plan is designed to permit our firm to resume operations as quickly as possible, given the scope and severity of the significant business disruption.
Our business continuity plan addresses many items, including: data back-up and recovery; critical systems; alternative communications with clients, employees, and regulators; alternate physical location of employees; critical counterparty impact; regulatory reporting; and assuring our clients have prompt access to their funds and securities if we are unable to continue our business.
Varying Disruptions – Significant business disruptions can vary in their scope, such as only our firm, a single building housing our firm, the business district where our firm is located, the city where we are located, or the whole region. Within each of these areas, the severity of the disruption can also vary from minimal to severe. In a disruption to only our firm or a building housing our firm, we will transfer our operations offsite if necessary. In a disruption affecting our business district, city or region, we will seek to transfer our operations to a site outside of the affected area. In either situation, we plan to continue our business if possible and to provide you with updates through email and/or our website (www.freestonecapital.com). If the significant business disruption is so severe that it prevents us from continuing our business, we will assure our clients’ prompt access to their funds and securities.
For more information – If you have questions about our business continuity planning, you can contact us at 206.707.7300/800.990.3001 or 701 5th Avenue, 74th Floor, Seattle, Washington 98104.