Nothing contained in this Agreement is intended to modify or amend any other written agreement you may have with Silverfern (including without limitation any subscription agreement, non-disclosure agreement, membership contract or similar agreement) (the “Other Contracts”) if any, that may currently be in effect. In the event of any inconsistency between this Agreement and any Other Contracts, the Other Contracts will govern. To the extent this Agreement conflicts with the terms and conditions of use relating to any password-protected area of this Website, the more specific terms and conditions of use relating to such password-protected area shall control.
Silverfern Capital Management, LLC (SEC File No. 801-73113), the manager of Silverfern’s private equity investment business and SREP Capital Management, LLC, the manager of Silverfern’s real estate investment business are registered as investment advisers under the U.S. Investment Advisers Act of 1940. Silverfern’s affiliate, The Silverfern Group, Inc., is a broker-dealer registered under the Securities Exchange Act of 1934 (SEC File No. 8-65167), is a member firm of the Financial Industry Regulatory Authority (FINRA) and the Securities Investor Protection Corporation. Registration with the U.S. Securities and Exchange Commission (the “SEC”) or with any state securities authority does not imply a certain level of skill or training.
The Silverfern Group Pty Ltd, Silverfern’s affiliate based in Australia, is licenced and regulated by the Australian Securities and Investments Commission (“ASIC”) and holds AFS Licence No. 382641. The Silverfern Group Europe B.V., Silverfern’s European affiliate, is headquartered in Amsterdam, The Netherlands with an office in Frankfurt, Germany.
How to Contact Us:
- Uses of Our Website and Content
All content and information, and all trademarks, logos, copyrights and other intellectual property displayed on the Website is owned by Silverfern or their respective owners. By visiting this Website you agree to the following with respect to the content and information on the Website (the “Content”).
- Silverfern grants you a limited, revocable, nonexclusive and nontransferable right to view, store, bookmark, download, copy and print pages from the Website solely for your personal and noncommercial use only.
- You may not use any trademark, service mark or logo of Silverfern or any third party that appears on the Website without prior written consent.
- You agree not to copy portions of the Website (such as by bots, robots or spiders that “harvest” the Website), interfere with the functioning of the Website or restrict or inhibit any others from using the Website.
- If you download any pages from the Website, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such Content. You may not alter or modify the Content in your copies.
- Unless you receive our permission in advance, you may not exploit any of the Content commercially, forward it as a mass distribution, post it on another site, or otherwise copy, distribute or modify any portion of the Website.
- If you link other websites to this Website, you may not imply or suggest that Silverfern has endorsed or is affiliated with such websites and you may not display this Website as “framed” within another website.
- You may not (and may not encourage or assist others to) violate any law, regulation, rule or the intellectual property or contractual rights of others, or attempt to violate the security of this Website or use or gain access to the identities, information or computers of others through this Website.
- You may not delete, decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of this Website.
Silverfern has the right (but not the obligation) to monitor this Website for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you, and we may at any time revoke your right to use all or any portion of the Website. Silverfern may investigate any complaint regarding or suspected violation of this Agreement, and may report any activity relating to this Website to regulators, law enforcement officials or other persons or entities that it deems appropriate.
- Investment Disclaimers
This Website is for general informational purposes only. Under no circumstances should any information or materials presented on the Website be used or construed as an offer to sell, or a solicitation of an offer to buy, any securities, financial instruments, investments or other services. Dated content, if provided on the Website, speaks only as of the date indicated.
This Website does not provide specific investing advice or strategies to any individual or entity. The investments and strategies discussed in the Content may not be suitable for all investors and are not obligations of or guaranteed by Silverfern or any of its affiliates. The investments are not bank deposits and are not insured by the Federal Deposit Insurance Corporation or any other entity and are subject to investment risks, including the loss of the principal amount invested. Nothing contained on the Website constitutes investment, legal, tax or other advice nor is to be relied on in making an investment or other decision. Decisions based on the Content are the sole responsibility of the user. If you would like investment, accounting, tax or legal advice, you should consult with your own financial advisors, accountants or attorneys regarding your individual circumstances and needs. You agree that Silverfern is not liable for any action you take or decision you make in reliance on any Content. Silverfern will not treat users of the Website as its partners, clients, customers or investors by virtue of their accessing the Website.
PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS. 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 may fluctuate, and, as a result, with respect to products which provide for redemptions, your redemption value may be more or less than original cost.
Any transactions described on the Website as having been engaged in by Silverfern are included as representative transactions for illustrative purposes only, and may not be representative of all transactions engaged in by Silverfern.
- International Use
The Website is operated and controlled by us in the United States, and the Content provided in or accessible through the Website is, unless otherwise specified, directed at residents of the United States. Despite the global nature of the Internet, Silverfern makes no claims that the Content or the Website are appropriate or may be viewed or used outside the United States. Access to the Website from countries or territories where such access is illegal is prohibited. Silverfern makes no representations that the transactions, products or services discussed on or accessible through the Website are available or appropriate for sale or use in all jurisdictions or by all users. Those who access the Website from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.
- Linked Websites
- Password and Security Notification
Certain areas of the Website are password-protected. You may not attempt to access any password-protected areas of the Website without authorization. If you have been issued a password for the Website, you agree that Silverfern has granted you limited access to specific files pertaining to investments relevant to you, and you agree not to attempt to access other computer files.
All information that Silverfern provides to Website users supplying a password is confidential and intended solely for the information of its intended recipient and/or such recipient’s financial, legal or tax advisors, provided that such advisors agree not to disclose any information that is confidential.
You are solely responsible for maintaining the confidentiality of your passwords, account information, user names, and/or security questions and answers for the Website, and for logging off any protected areas of the Website when you finish a session. Accordingly, you should protect the confidentiality of your password, and notify Silverfern immediately if you become aware of its unauthorized use. If you share your password with a third party, you assume all responsibility for all such party’s activity related to the Website.
- Limitation of Liability and Disclaimers
Silverfern its affiliates and their respective officers, directors, managers, partners, members, employees, affiliates and agents (collectively “Representatives”) make no representations or warranties and specifically disclaim any and all warranties of any kind, express or implied, with respect to the Website and the Content, including any representations or warranties with respect to merchantability, fitness for a particular purpose, title, non-infringement, availability, security, accuracy, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery. Your use of the Website and the Content is on an “as is” and “as available” basis.
In no event shall Silverfern, its affiliates or their Representatives be liable to any party for any claims, liabilities, losses, costs or damages under any theory, including but not limited to any direct, indirect, punitive, special, incidental, or consequential damages arising out of in connection with any access, use (or inability to use) or distribution of the Website, or any Content therein. This is true even if Silverfern has been advised of the possibility of such damages or losses.
- Governing Law and Forum
This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. You agree that any dispute relating to this Agreement or your use of the Website shall be resolved exclusively in the state or federal courts located in New York City. You agree to waive trial by jury in any such action. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Failure of Silverfern to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against Silverfern unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Silverfern and you, this Agreement constitutes the entire Agreement between you and Silverfern with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. This Agreement will inure to the benefit of our successors, assigns, licensees and sublicensees.
Business Continuity Summary Disclosure Statement:
Silverfern maintains a business continuity plan (“BCP”) designed to allow the firm to continue serving investors in the event of a significant business disruption (“SBD”). Since the timing and impact of disasters and disruptions are unpredictable, we will have to be flexible in responding to actual events as they occur. With that in mind, we are providing you with this information.
Our BCP addresses: data backup and recovery; financial and operational assessment; alternative communications with investors, employees, and regulators; alternate physical location of employees; critical supplier impact; and how our investors can communicate with Silverfern Representatives in the event of a SBD.
In the event of a SBD affecting a Silverfern third-party vendor, Silverfern will follow the business recovery plan and directions of the affected vendor. Silverfern expects to be in contact with the vendor regarding the status of its recovery effort. Silverfern typically does not rely on any single source vendor. Third-party vendors conducting significant business with Silverfern maintain their own business continuity plans.
If you cannot contact Silverfern through normal means, please check the Silverfern website (www.silfern.com) for alternative means of communication.
Silverfern Capital Management, LLC
599 Lexington Avenue, 47th Floor
New York, NY 10022, USA
Silverfern’s business continuity plan is subject to change at any time, in Silverfern’s sole discretion.