TERMS AND CONDITIONS
The terms and conditions of use set forth herein apply to each of the pages of this website (collectively, the “Site”). Please read these terms and conditions of use carefully before using this Site.
By using this Site, you signify your agreement with the following terms and conditions of use without limitation or qualification. Wampanoag Capital LLC, its subsidiaries and affiliates (collectively referred to herein as “Wampanoag”) may at any time revise these conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current terms and conditions of use to which you are bound.
Not an offer of advisory services or securities
This Site is limited to the dissemination of general information about the services provided by Wampanoag. This Site and the information contained herein do not constitute and should not be construed as an offering of advisory services or an offer to sell or solicitation to buy any securities or related financial instruments in any jurisdiction. Responses to any inquiry that may involve the rendering of personalized investment advice or effecting or attempting to effect transactions in securities will not be made absent compliance with applicable laws or regulations (including broker dealer, investment adviser or applicable agent or representative registration requirements), or applicable exemptions or exclusions therefrom.
Offerings of securities to persons domiciled in the United States and certain other jurisdictions are made only to persons who are “accredited investors” as defined in Rule 501(a) under the Securities Act of 1933, as amended.
Jurisdictional Issues
Unless otherwise specified, the materials in or accessible through the Site are directed at residents of the United States, its territories, possessions, and protectorates. The Site is controlled and operated by Wampanoag from its offices within the State of Massachusetts, United States of America. Wampanoag makes no representation that material in or accessible through the Site is appropriate or available for use in other locations or that access to them where their content is located is not illegal and prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable. You may not use or export the information or material in violation of U.S. export laws and regulations. The information provided in or accessible through the Site is 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 Wampanoag to any registration or other requirement within such jurisdiction or country.
Investment risk
Wampanoag makes no representation, and it should not be assumed, that past investment performance is an indication of future results. Moreover, wherever there is the potential for profit there is also the possibility of loss. Certain of Wampanoag’s strategies involve investments that are illiquid, are subject to a substantial risk of loss and are not suitable for many investors.
Restrictions on use of materials
Except as otherwise permitted by Wampanoag, no materials from www.wampanoagcapital.com or any website owned, operated, licensed or controlled by Wampanoag may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download material displayed on this website for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, report or use the content of this Site for public or commercial purposes, including the text, images, audio and video, without Wampanoag’s prior written permission.
Trademarks and copyrights
This Site and all its content including, all trademarks, service marks, trade names, logos, and icons are proprietary to Wampanoag. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Site without the prior written permission of Wampanoag or such third party that may own the trademarks displayed on this Site. Your use of the trademarks displayed on this Site, or any other content on this Site, except as provided herein, is strictly prohibited.
Images displayed on this Site are either the property of, or used with permission by, Wampanoag. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Login I.D. and passwords
Access to specific areas of this Site requires the usage of a Login I.D. and associated password. If you have a Login I.D. and password, you are responsible for the activities which occur in connection with their usage and as such should take steps to protect them from misuse. If you become aware of any unauthorized use of, loss or theft of your Login I.D. and password, immediately inform a representative of Wampanoag.
Links to other websites
This Site may contain links to other websites. Wampanoag does not review or monitor any websites linked from or to the Site and will not be responsible for the content of any such linked website. If you decide to access the linked website, you do so at your own risk. Wampanoag is not responsible for the information, materials or services obtained on or from such other websites and will not be liable in any respect for any damages arising from your access of such websites. Any such links are provided merely for the convenience of the users of the Site and the inclusion of the links does not imply any endorsement, representation or warranty by Wampanoag with respect to any such website or the content or services contained through such websites. Furthermore, you agree not to link any websites to this Site without the express prior written consent of Wampanoag.
Disclaimers
Wampanoag makes no warranties or representations as to the accuracy of this Site. Under no circumstances shall Wampanoag or any party involved in creating, producing, or delivering the Site be liable for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on this Site, even if an Wampanoag authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Wampanoag also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, images, video, or audio from this Site.
WITHOUT LIMITING THE FOREGOING OR ANYTHING ELSE SET FORTH HEREIN, THE SITE AND ALL OF ITS CONTENTS ARE MADE AVAILABLE BY WAMPANOAG “AS IS,” WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR ACCURACY, SECURITY OF INFORMATION, OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. WAMPANOAG MAKES NO WARRANTY THAT THE SITE, IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS. USERS OF THE SITE ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY AND PERFORMANCE OF THE SITE AND ITS CONTENTS AND ACKNOWLEDGE THAT THE SITE AND ITS CONTENTS MAY BE REVISED, ALTERED AND CHANGED FROM TIME TO TIME IN THE SOLE DISCRETION OF WAMPANOAG. WAMPANOAG DOES NOT REPRESENT OR WARRANT THAT ANY SITE CONTENT WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY SITE REFERRED OR LINKED TO HEREIN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of liability
WAMPANOAG ASSUMES NO LIABILITY FOR LOSS OR DAMAGE RESULTING FROM ANY USE OF OR RELIANCE UPON THE SITE OR ITS CONTENTS. IN NO EVENT WILL WAMPANOAG BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR CLAIMS (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE SITE, ITS CONTENTS, THE USE THEREOF, OR THE INABILITY TO USE THE SITE, EVEN IF WAMPANOAG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF ANY WARRANTY DISCLAIMER OR LIMITATION ON LIABILITY IN THIS AGREEMENT IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF WAMPANOAG UPON ANY CLAIM (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF THE SITE, ITS USE OR ITS CONTENTS SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00).
Indemnification
You agree to defend, indemnify and hold Wampanoag and its directors, officers, members, partners, principals, employees, agents and representatives harmless from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising in any way from (i) your use of the Site, in whole or in part, or (ii) your breach or violation of law or any provisions contained herein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with any such defense.
Governing law and consent to jurisdiction
These terms and conditions of use shall be governed by and construed in accordance with the laws of the state of New York applicable to agreements made and to be performed wholly within such state. You agree that any dispute or action at law or inequity arising out of or relating to these terms and conditions of use or your use of the Site shall be commenced only in the state or federal courts located in New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such dispute or action.
Waiver
No waiver by Wampanoag of any right under or term or provision of these terms and conditions of use will be deemed a waiver of any other right, term or provision of these terms and conditions of use at that time or a waiver of that or any other right, term or provision of these terms and conditions of use at any other time.
Integration and severability
If any provision of these terms and conditions of use is found to be invalid, unlawful, void or for any reason unenforceable then that provision shall be deemed severable from these terms and conditions of use and shall not affect the validity and enforceability of any remaining provisions. These terms and conditions of use represent and constitute the entire agreement between Wampanoag and you relating to the subject matter discussed herein.
Termination
These terms and conditions of use are effective until terminated by Wampanoag, provided that you may terminate the terms and conditions of use at any time by destroying all information and materials obtained by you or on your behalf from the Site and all related documentation, copies, and installations whether made under these terms or otherwise. Such termination by you will not be effective if Wampanoag, in its sole discretion and without notice to you, determines that you failed to comply with any term or condition stated herein. Upon termination of these terms you must destroy all information and materials obtained by you or on your behalf from the Site and all associated documentation, copies, and installation whether made under these terms or otherwise.
PRIVACY POLICY
The policies and procedures enumerated below (“Privacy Policy”) set forth the guidelines concerning how Wampanoag Capital LLC, its subsidiaries and affiliates (referred to herein collectively as “Wampanoag”) gathers and uses information about you through your use of this website (“Site”). Please review the Privacy Policy carefully and in conjunction with the Terms and Conditions of the Site which detail other important information surrounding your use of the Site. By visiting or submitting information through the Site, you are deemed to have consented to the practices described in this Privacy Policy.
Information Collection
In order to obtain access to certain information or materials contained on the Site, you may be required to provide Wampanoag with personally identifiable information about you which may include, but is not limited to, name, postal address, e-mail address, telephone number and investor type, in addition to any other information you choose to provide to us in your communication with the firm.
Additionally, Wampanoag may collect certain information about you through the use of technology. For example, we may collect your IP address (which is associated with the portal through which you access the Internet) each time you request a page during a visit to the Site, which allows Wampanoag to collect information regarding the frequency with which users browse various parts of the Site. The Site may also use cookies. “Cookies” are pieces of information, or files, placed on your hard drive that provide information including how and when pages on the Site are accessed by users. You may configure your browser to set preferences regarding cookies such that you can have your computer warn you each time a cookie is sent. Note that you may decline placement of cookies if your internet browser permits, though certain portions of the Site may be inaccessible to you if you choose to do so. You may at any time delete any cookies from your hard drive. Aggregated data gathered from cookies is used by Wampanoag to help maintain and improve the information provided on this Site for users.
Wampanoag may also employ other technical methods to track and analyze the traffic patterns on the Site, such as the frequency with which users visit various parts of the Site. These technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf. We may also use these technical methods in HTML e-mails that we send Site users to determine whether such users have opened those e-mails and/or clicked on links in those e-mails. Wampanoag may collect the information from use of these technical methods in a form that is personally identifiable.
During some Site visits, Wampanoag may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouseovers), and methods used to browse away from the page. Wampanoag may use this information to measure Site activity, to develop ideas for improving the Site and for any other purpose to the extent permitted by applicable law.
Information Use
Wampanoag does not sell your personally identifiable information. However, the firm may share your personally identifiable information with the firm’s affiliated companies, service providers, vendors, contractors, and agents (“Service Providers”) that enable such entities to perform services for the firm as part of normal business operations. For example, processing your requests for forms or other literature or materials and performing research with respect to the usage of the Site. Personnel employed by Service Providers generally may have access to your personally identifiable information for the purpose of performing duties for the firm but are prohibited from using such information for other purposes.
To the extent permitted by law, Wampanoag may also disclose personally identifiable information to protect the security of records, to protect against fraud, to comply with applicable law, or to respond to judicial process or regulatory authorities.
Safeguarding of Information
Wampanoag maintains established internal policies and procedures with respect to safeguarding access to your personally identifiable information in the firm’s possession from unauthorized use or disclosure. Please note that such safeguards, however, do not guarantee that personally identifiable information transmitted via the internet or stored in the firm’s systems or is otherwise under Wampanoag’s care will be absolutely safe from unauthorized use or intrusion from third parties due to the inherent nature of the Internet.
Links to Third Party Websites
This Site may contain links to third party websites which, in some cases, may be integrated into, and appear to be part of, the Site. Wampanoag encourages you to read the privacy policies of others websites you link to from this website and disclaims any responsibility for the privacy policies and procedures of any third party websites that you reach via a hyperlink contained on this Site.
Amendments to this Privacy Policy
Wampanoag reserves the right in the firm’s sole discretion to modify or amend this Privacy Policy in any way at any time. Any such changes are effective upon posting. You should review this Privacy Policy periodically for changes applicable to you. Additionally, note that by accessing this Site subsequent to any modification, you are deemed to have agreed to all terms of this Privacy Policy as modified or amended.
Contact Us
If you are visiting this Site from the United Kingdom, member state of the European Union, or any other jurisdiction outside of the United States, please note that this Site is hosted within the United States and only complies with the applicable rules and regulations of the United States.
Please direct any questions regarding Wampanoag’s Privacy Policy to info@wampanoagcapital.com.