Tralee Capital Partners, LLC
7400 East Orchard Road
Suite 250 South
Greenwood Village, CO 80111
p > 303.857.5673
p > 303.857.5676
6445 Powers Ferry Road, Suite 300
Atlanta, GA 30339
p > 770-330-0917
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Site Policies
TERMS AND CONDITIONS OF USE
General
Welcome to the website ("Tralee Capital Website") of The Tralee Capital Partners LLC. ("Tralee Capital”). Please carefully review these terms and conditions ("Terms of Use"), the Privacy Policy, and the terms and conditions on the Tralee Capital Website that govern particular offers or features ("Additional Terms and Conditions," together with these Terms of Use and the Privacy Policy, form the "Agreement") all of which collectively govern your use of and access to all of the Tralee Capital Website and any and all content, data and information contained therein.
YOUR USE OF THE TRALEE CAPITAL WEBSITE CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW AND BE BOUND BY THIS AGREEMENT, AS MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY TRALEE CAPITAL, IN ACCORDANCE WITH THIS AGREEMENT.
IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THESE TERMS OF USE, THE PRIVACY POLICY AND THE ADDITIONAL TERMS AND CONDITIONS, THE FOLLOWING ORDER OF PRECEDENCE SHALL CONTROL:
(1) TERMS OF USE,
(2) PRIVACY POLICY AND
(3) ADDITIONAL TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS TRALEE CAPITAL WEBSITE.
Investment Advice and Recommendations
This web site and its contents are provided for information and educational purposes only. None of the information provided constitutes investment, legal and/or tax advice. No information on this web site should be considered a solicitation to buy or sell any security. Securities products are offered for sale by prospectus or private placement memorandum only
Modifications of This Agreement
Tralee Capital reserves the right to change, modify, amend and/or update this Agreement at any time with or without prior notice. Your use of this Tralee Capital Website following any such changes, modifications, amendments and/or updates constitutes your unconditional agreement to follow and be bound by this Agreement as so changed, modified, amended and/or updated. You are responsible for reviewing this Agreement each time you use or access any Tralee Capital Website.
Links
Tralee Capital is not affiliated or associated with the sponsors, owners or producers of any third party websites linked to or from this Tralee Capital Website. These linked sites are not under our control and Tralee Capital explicitly disclaims any responsibility for the accuracy, content or availability of the information, products, and/or services found on or through such third party sites. Tralee Capital does not endorse and has not taken any steps to confirm the accuracy or reliability of any of the information, products or services contained on or through such third party sites. Tralee Capital does not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any third party site.
Solely Intended for United States Users
Unless otherwise explicitly specified on the Tralee Capital Website, the information on all of the Tralee Capital Website is intended solely for use and access by persons residing in the United States, its territories and possessions. Tralee Capital controls and operates its Website from offices located in the Untied States and makes no representations or warranties that the information, products or services contained on the Tralee Capital Website is appropriate for use or access in other locations. Anyone using or accessing any of the Tralee Capital Website from other locations do so on their own initiative and are responsible for compliance with local United States laws, if and to the extent applicable.
Use
The Tralee Capital Website and its contents are intended solely for personal use. Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of this Tralee Capital Website are copyrights, patents, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Tralee Capital or by third parties who have licensed their materials to Tralee Capital and are protected by U.S. and international intellectual property laws. The compilation (i.e., the collection, arrangement and assembly) of all materials on this Tralee Capital Website is the exclusive property of Tralee Capital or its licensors and is protected by U.S. and international copyright laws. Except as solely provided in the next sentence, no material from any Tralee Capital Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download one copy of the materials on any single computer for your personal use only, provided that: (a) you keep intact all copyright and other proprietary notices; (b) you do not use the materials in a manner that suggests an association with any of our products, services or brands; and (c) you make no modifications to the materials. In addition, you agree not to: (m) use or access this Tralee Capital Website for any purpose that is unlawful or prohibited by this Agreement; (n) use or access this Tralee Capital Website in a manner that could damage, disable, overburden, or impair any Tralee Capital server or the networks connected to any Tralee Capital server; (o) interfere with any third party’s use and enjoyment of this Tralee Capital Website; or (p) attempt to gain unauthorized access to accounts, computer systems or networks connected to any Tralee Capital server through hacking, password mining or any other means.
User IDs/Passwords
Use of certain features on the Tralee Capital Website might be limited and/or require registration. Tralee Capital will review and determine, in Tralee Capital's sole discretion, whether to accept your registration. Tralee Capital shall have the right, in its sole discretion, to refuse or restrict anyone from access to the Tralee Capital Website(s) at any time for any reason. Upon acceptance of your registration by Tralee Capital, you will be given your user ID and password (collectively "Password") for access to and use of the applicable portion of the Tralee Capital Website.
Tralee Capital reserves the right to require you to periodically change your Password. You agree to use your best efforts to maintain the security of your Password. You shall not disclose your Password to anyone else, and you shall not use anyone else’s Password. You agree to notify Tralee Capital immediately about any unauthorized use of your Password or any breach of security. You further agree that Tralee Capital shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Password by you or anyone other than Tralee Capital.
Charges and Payment
In certain instances, Tralee Capital may charge a user, subscription or other fee. In those instances where a fee may be charged, Tralee Capital will notify you of the fee prior to your incursion of charges.
Disclaimer
THIS TRALEE CAPITAL WEBSITE IS PROVIDED BY TRALEE CAPITAL ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRALEE CAPITAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS TRALEE CAPITAL WEBSITE OR THE INFORMATION INCLUDED ON SUCH TRALEE CAPITAL WEBSITE. TRALEE CAPITAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. TRALEE CAPITAL DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS TRALEE CAPITAL WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE TRALEE CAPITAL WEBSITE OR THE SERVER THAT MAKES THE TRALEE CAPITAL WEBSITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. TRALEE CAPITAL DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THIS TRALEE CAPITAL WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS TRALEE CAPITAL WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL TRALEE CAPITAL OR ANY OF ITS SHAREHOLDERS, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THIS TRALEE CAPITAL WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TRALEE CAPITAL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT TRALEE CAPITAL, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL TRALEE CAPITAL BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100.00) FOR ANY CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD TRALEE CAPITAL AND ITS SHAREHOLDERS, AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO (I) YOUR USE OF THIS TRALEE CAPITAL WEBSITE AND/OR (II) YOUR BREACH OF ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT.
Terms and Termination
Tralee Capital shall have the right to terminate your access to, and use of, the Tralee Capital Website immediately, if, in its sole discretion, Tralee Capital believes that your conduct fails to conform with this Agreement. Tralee Capital also reserves the right to investigate suspected violations of this Agreement, including without limitation any violation arising from any submission, posting or emails you make or send to the Tralee Capital Website.
Upon termination of this Agreement, all rights granted to you under this Agreement will cease immediately, and you agree that you will: (a) immediately discontinue use of the Tralee Capital Website(s); and (b) as applicable, pay any amounts owed to Tralee Capital in full within thirty (30) days from the date of such termination.
Applicable Laws
This Agreement shall be governed by and construed under the laws of the State of Colorado without regard to conflicts of laws principles. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS TRALEE CAPITAL WEBSITE OR THE USE OR ACCESS THEREOF MAY BE IN THE STATE OR FEDERAL COURTS
Miscellaneous
The failure of Tralee Capital to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Tralee Capital’s rights with respect to such breach or any subsequent breaches. Neither the course of conduct between the parties nor trade practice shall act to modify this Agreement. Tralee Capital may assign its rights and duties hereunder to any party at any time without any notice to you. This Agreement may not be assigned by you without Tralee Capital’s prior written consent. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
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PRIVACY POLICY
General
Welcome to the website ("Tralee Capital Website") of Tralee Capital Partners LLC. ("Tralee Capital”). This Privacy Policy (“Privacy Policy”) only applies to information collection and use practices on the Tralee Capital Website. This Privacy Policy is subject to the Terms and Conditions of Use.
Links
There might be links from the Tralee Capital Website or portals on the Tralee Capital Website to other websites. This Privacy Policy only applies to the Tralee Capital Website and not to websites of any other company or organization linked to or through the Tralee Capital Website, which may have different policies. Tralee Capital encourages you to review all policies, rules, terms and regulations, including the privacy policies, of each website that you visit.
Gathering, Modifying and Removing Information
Tralee Capital may request and/or collect personal information on the Tralee Capital Website that you might elect to provide to Tralee Capital (“Personal Information”) when, via the Tralee Capital Website, you: (a) contact Tralee Capital; (b) use Tralee Capital’s services; and/or (c) send requests for information, questions, inquires, or comments to Tralee Capital. You are not required to provide Personal Information to access the Tralee Capital Website. Personal Information may include: (a) contact information (e.g., name, address, phone number and email address); (b) information regarding certain of your preferences related to Tralee Capital or the Tralee Capital Website; and/or (c) information regarding how you became aware of the Tralee Capital Website.
If you would like to review, correct or remove your Personal Information, please contact Tralee Capital at the address listed below under “Contact Tralee Capital.” Tralee Capital will then make all reasonable efforts to correct or remove your Personal Information from the Tralee Capital active database.
Gathering Anonymous Information
Tralee Capital might collect non-personal and aggregate information about your and other users' use of the Tralee Capital Website, such as page hits, number of visits, web pages viewed and the length of visits to the Tralee Capital Website (collectively, “Non-Personal Information”). Tralee Capital does not tie this Non-Personal Information to your Personal Information.
Use and Disclosure of Information
The Personal Information that you provide will be available to Tralee Capital, our agents, representatives and service providers and contractors, as appropriate, to be used to respond to your inquiries or questions about Tralee Capital and for the purposes indicated or which may reasonably be inferred by your voluntary provision of such Personal Information and otherwise in connection with the conduct of the Tralee Capital business and operations. This use may include periodic telephone calls and postal and email mailings from Tralee Capital about new products, services or upcoming events offered by Tralee Capital. Tralee Capital does not, however, sell or furnish Personal Information to unaffiliated third parties to use in advertising or promoting their products or services, without your permission.
Tralee Capital may also use your Personal Information, alone or in combination with the information submitted by other users, to improve Tralee Capital Website’s navigation or infrastructure. Also, Tralee Capital may use Non-Personal Information to improve your experience on the Tralee Capital Website and to enhance the Tralee Capital Website.
Third party contractors or providers of services to Tralee Capital that have access to your Personal Information are also expected to protect such Personal Information in a manner consistent with this Privacy Policy and to use such Personal Information only to carry out the activities or services they are performing for you or for Tralee Capital.
Tralee Capital might disclose Personal Information and Non-Personal Information, if in our opinion such disclosure is required: (a) by law; (b) to protect and/or defend Tralee Capital’s rights; and/or (c) to protect the personal safety of any individual. In addition, in the event that all or substantially all of Tralee Capital's ownership and/or assets are transferred or sold to, or Tralee Capital is merged with, another entity, or there is a change of control of Tralee Capital, Tralee Capital may transfer Personal Information and Non-Personal Information to the successor entity.
Internet Communications
Communications and submissions over the Internet might not be secure. Please consider this fact before communicating or submitting any personal or confidential information through the Tralee Capital Website.
Changes
Tralee Capital reserves the right to change, modify, amend and/or update this Privacy Policy at any time with or without prior notice at the sole and absolute discretion of Tralee Capital. Your use of the Tralee Capital Website following any such changes, modifications, amendments and/or updates constitutes your unconditional agreement to follow and be bound by this Privacy Policy as so changed, modified, amended and/or updated. You are responsible for reviewing this Privacy Policy each time you use or access the Tralee Capital Website.
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