sawmillcapital.com
Terms of Use
Last Updated: August 28, 2024
- Introduction
Saw Mill Capital LLC (together with its subsidiaries, divisions, and brands, collectively, the “Company,” “we,” “us,” or “our,” as the context may require) operates and provides www.sawmillcapital.com, any other affiliated websites that link to these Terms of Use, and the services offered through such websites (collectively, the “Website”).
2. Acceptance of Terms of Use
These Terms of Use, together with any documents they expressly incorporate by reference, including our Privacy Policy[1], are a legally binding contract between you and Saw Mill Capital LLC and govern your access to and use of the Website, including any content, features, functionality, materials, information, and services offered on or through the Website. Please make sure you read them, because they are important. We’ve tried to make it as clear as possible, but we welcome your feedback to [email protected] if you have suggestions or questions.
By registering, accessing, or using the Website, or by clicking “I accept” or “I agree” to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not agree to these Terms of Use, you may not visit, access, use, or otherwise interact with the Website.
The Website is offered and available only to individuals who are 18 years of age or older. If you are under age 18, please do not visit, access, use, or otherwise interact with the Website.
3. Changes to Terms of Use
We reserve the right to review and revise these Terms of Use from time to time, without prior notice, subject to applicable legal requirements. The date these Terms of Use were last reviewed and/or revised is noted at the top of the page. You are responsible for periodically visiting these Terms of Use to check for any changes. Your continued use of the Website following the posting of changes constitutes your acceptance of such changes.
4. Access
Certain portions of the Website allow users to set up an account, including creating login information such as a unique username and password. By setting up an account, you expressly agree to (a) keep the username, password, and other account or login information confidential; (b) supervise and be responsible for the user of your account; and (c) contact us and promptly change your login information if you believe that an unauthorized person has access to your account or login information.
You are responsible for maintaining the confidentiality of your account and login information and for restricting access to such information and to your phone and computer. You agree to accept responsibility for all activities that occur under your account or login information, including any communications transmitted under your account. You agree that you will comply with all laws relating to the transmission of technical data or software exported from the United States, and that you will comply with all applicable local, state, national and international laws and regulations, including without limitation those related to privacy, data collection, and email creation and delivery. You agree to notify us immediately of any unauthorized access to or use of your username or password, or any other breach of security.
We have the right to suspend your account for improper access or violation of these Terms of Use, or at any time in our sole discretion for any or no reason. We further reserve the right to restrict your access to all or part of the Website at any time in our sole discretion for any or no reason.
By providing your information or creating an account, you agree that the Company may contact you by email, direct mail, telephone, or text message at any of the addresses or phone numbers, as applicable, provided by you or on your behalf in connection with your account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchase. You may opt out of receiving emails, telephone calls, or text messages by contacting us at any time.
If you use a mobile device, please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply. In the event you change or deactivate your mobile telephone number, you agree that you will update your account information on the Website within forty-eight (48) hours to ensure that your messages are not sent to the person who acquires your old number.
5. Termination, Monitoring, and Enforcement
We reserve the right to restrict or terminate your access to all or part of the Website at any time in our sole discretion for any or no reason. If your account or access is terminated for any reason or no reason, you agree not to attempt to establish a new account under any name, real or assumed.
We have the right to disclose your identity or other information about you to any third party who claims that material posted by you, or through your username, violates such third party’s rights, including its intellectual property rights or its right to privacy, and to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We cannot review all material before it is posted on the Website, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to you or any third party for performance or nonperformance of the activities described herein.
6. Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website to:
- Access or attempt to access data not meant for you, or intercept or attempt to intercept electronic mail or other forms of electronic communication not intended for you.
- Invade the privacy of, obtain the identity of, or obtain any personal information about any other user of our Website.
- Communicate with us or upload to or transmit on the Website any deceptive, fraudulent, defamatory, indecent, obscene, harassing, violent, or otherwise harmful or objectionable material, or any material that contains nudity, sexually explicit or pornographic material, violence, or discrimination based on race, gender, sex, sexual orientation, religion, nationality, disability, or age.
- Violate any applicable federal, state, local or international law or regulation, or violate the legal rights (including intellectual property rights or the rights of publicity and privacy) of others.
- Promote any illegal activity or advocate, promote, or assist any unlawful act.
- Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any similar solicitation.
- Impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing), or to misrepresent an affiliation with any person or organization.
- Systematically harvest data from the Website, or programmatically register accounts on the Website.
- Collect information about others (including email addresses) without their consent.
- Violate these Terms of Use or any other policies or agreements that you enter into with us.
- Engage in any other conduct that restricts or inhibits use of the Website, or which, as determined by us in our sole discretion, may harm the Company or users of the Website.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
- Probe, scan, or test the vulnerability of our Website, our network, our security, or authentication measures without proper authorization.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, corrupted data or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
Your failure to comply with the above provisions may result in the termination of your access to the Website and may expose you to civil and/or criminal liability. We reserve the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website, and to terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
7. Intellectual Property Rights
The Website and all related content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Saw Mill Capital LLC, the Saw Mill Capital LLC logo, and sawmillcapital.com are trademarks or registered trademarks of Saw Mill Capital LLC in the United States and other foreign countries. Our trademarks may not be used in connection with any product or service without our express prior written consent.
These Terms of Use permit you to use the Website for your personal and investment purposes, not for your own commercial. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on or through the Website, except as follows:
- Your computer or other electronic device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal and investment use and not for further reproduction, publication, or distribution.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You may not:
- Modify copies of any materials from the Website.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
- Access or use any part of the Website for any commercial purposes.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content therein is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Except as expressly provided, nothing contained in these Terms of Use or anywhere on the Website shall be construed as conferring any license under any intellectual property rights of the Company, its licensors, or any third party.
Unauthorized attempts to upload information or change information are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986.
8. DMCA
We respect the intellectual property rights of others, and it is our policy to respond expeditiously to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and take appropriate actions under the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act and other applicable intellectual property laws. You may not post, upload, or otherwise place any content or information on the Website that belongs to a third party, unless you have the legal right to do so. If you believe that any such information or content has been posted on the Website, or if you are aware of or experience any circumstances that appear to be a violation of these Terms of Use, please inform us by contacting us via mail at 555 Pleasantville Road, South Building, Suite 220, Briarcliff Manor, NY 10510, or via email at [email protected].
Any such notice must include: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work or trademark that you claim has been infringed; (c) a description of the location on the Website of the claimed infringing material; (d) your address, telephone number, and e-mail address; (e) a statement by you that you have a good faith belief that the claimed infringing use is not authorized by the copyright or trademark owner, its duly authorized agent, or the law; and (f) a statement by you that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright or trademark owner’s behalf.
Upon receipt of such notice, we will act expeditiously to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will terminate access for a registered user who is a repeat infringer.
If you believe that material has been removed improperly, you must send a written counter notification. Any such notice must include: (a) an electronic or physical signature; (b) a description of the copyrighted work or trademark that you claim has been improperly removed and a description of the location on the Website of the claimed infringing material before it was removed or access to it was disabled; (c) a statement by you that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; (d) your name, address, and telephone number; (e) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which we may be found; and (f) a statement that you will accept service of process from the person who provided the original notification or an agent of such person.
9. Third-Party Apps or Websites
While using the Website, you may access third-party apps or websites through search results displayed on or through the Website and links contained on the Website. Such third-party apps or websites are not under our control, and we are not responsible for the availability of such apps or websites or their contents. Any links provided on the Website are provided for your interest or convenience only and do not represent or imply any endorsement by the Company of any such linked app or website. You acknowledge that the use of such third-party app or website is governed by the terms and conditions applicable to any such app or website, and if you decide to access any such third-party app or website, you do so entirely at your own risk and subject to the terms and conditions of use for each such app or website.
10. Availability
We may periodically schedule system downtime for maintenance and other purposes, and the Website may be unavailable due to unplanned system outages or circumstances outside of our control. We shall have no liability to any user or third party whatsoever for the resulting unavailability of the Website, or for any loss of data or transactions caused by planned or unplanned system outages, or for the resultant delay, misdelivery, or non-delivery of information caused by such system outages.
We reserve the right to terminate, withdraw, or amend the Website or any portion thereof, including any product, service, or material we provide on or through the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or to the Website altogether.
11. Errors
We attempt to provide the most recent, accurate, and reliable information on our Website. However, there may be occasions when information featured on our Website may contain typographical errors, incomplete data, inaccuracies, or items featured on the Website that are no longer available. We do not warrant that the information accessible via the Website is accurate, complete, or current. Any errors are unintentional, and we apologize if erroneous information is reflected on the Website. We reserve the right to correct errors and to update the Website at any time, but we are under no obligation to update the Website or any related content.
12. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APP OR WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ANY RELATED CONTENT, AND ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ANY RELATED CONTENT, AND ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ANY RELATED CONTENT, OR ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE AND ANY RELATED CONTENT, PRODUCTS, AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE WEBSITE OR ANY LINKED APP OR WEBSITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE OR ANY RELATED CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY THE COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
14. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, managers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your access, use, or misuse of the Website; (ii) your violation of these Terms of Use; (iii) the actual or alleged infringement of any of our or any third-party proprietary or intellectual property right arising out of your copying, republishing, uploading, posting, transmitting, distributing, selling, or using the Website in any manner not authorized by us; or (iv) your negligent conduct. This includes, but is not limited to, any use of the content, products, and services on the Website other than as expressly authorized in these Terms of Use. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
15. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
16. Termination
Your failure to comply with these Terms of Use automatically revokes your authorization to use the Website and terminates all rights granted to you under these Terms of Use. Your obligations to the Company and its affiliates and third-party service providers relating to your use of the Website prior to termination shall continue after termination. Provisions of these Terms of Use regarding the content restrictions and limitations, disclaimers, indemnification, and liability limitations shall survive termination of these Terms of Use for any reason.
17. Miscellaneous
When you visit the Website, submit a request for help, send an email to us, or otherwise communicate with us through the Website or electronically, you expressly grant the Company, its affiliates, or third-party service providers the right to communicate with you electronically. This includes, but is not limited to, posting notices on the Website or responding to your email. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Except as expressly set forth herein, in the event of a conflict between these Terms of Use and any applicable terms to specific products or services that you receive from us, the terms of the specific product or service shall govern.
All matters relating to the Website or these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice or conflict of law provision or rule. You agree that you will bring any claim or cause of action arising out of your use of the Website in the courts located within Westchester County, New York, and you also agree to submit to the personal and exclusive jurisdiction of those courts.
These Terms of Use constitute the entire agreement between you and the Company with respect to our Website and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to our Website. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use and/or your use of the Website. You may not assign any right, interest, or benefit provided under these Terms of Use or through the Website without our express prior written consent. No failure on the part of the Company to exercise and no delay in exercising any right under these Terms of Use shall operate as a waiver of such right. If any provision contained in these Terms of Use is determined by a court of competent jurisdiction to be illegal, invalid, or otherwise unenforceable, that provision shall be severed from these Terms of Use and the remaining provisions shall continue in full force and effect. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use and/or your use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
18. How to Contact Us
If you have any feedback, comments, questions, or requests for technical support relating to the Website, you may contact us:
- Via email at [email protected];
- Via phone at 914-741-1300; or
- Via mail at 555 Pleasantville Road, South Building, Suite 220, Briarcliff Manor, NY 10510.
Privacy Policy
Last Updated: August 28, 2024
1. Introduction
Saw Mill Capital LLC (together with its subsidiaries, divisions, and brands, collectively, the “Company,” “us,” “we,” or “our,” as the context may require) operates and provides www.sawmillcapital.com, any other affiliated websites that link to this Privacy Policy, and the services offered through such websites (collectively, the “Website”). This Privacy Policy (this “Policy”) describes our privacy practices for the Website, including the types of information we may collect from you when you visit, access, or otherwise use the Website, and our practices for collecting, using, maintaining, protecting, and disclosing that information. We respect the privacy of the visitors and users of the Website (“you” or “your,” as the context may require) and we are committed to protecting your privacy and the security of your personal information through compliance with this Policy.
Please read this Policy carefully to understand our practices regarding your personal information. By accessing or using the Website, you agree to this Policy and any other applicable terms and conditions posted on the Website. If you do not agree with our policies and practices, please do not visit, access, use, or otherwise interact with the Website.
2. The Interactions this Policy Covers
This Policy describes and applies exclusively to personal information (as defined below) that we collect on or in connection with the Website and in texts, emails, and other communications sent through or in connection with the Website. Except as otherwise provided in this Policy or as required by applicable law, this Policy does not apply to information that is collected by any app, website, or third party other than the Website. If you visit any other app, website, or third party that we mention or link to, be sure to review its privacy policy before providing it with any information, as that privacy policy will apply to your interactions with that app, website, or third party.
Except as otherwise provided in this Policy, “personal information” is information that identifies, relates to, describes, is capable of being associated with, or otherwise could reasonably be linked, directly or indirectly, with you. “Personal information” does not include information which is generally not considered “personal information” under applicable law or is otherwise exempted under applicable law, such as information which is publicly available or subject to special data privacy laws and/or regulations.
3. Information We Collect
We collect several types of information from and about you as a result of your use of the Website and as a result of your communication with us. This information may include:
- Various categories of personal information, such as:
- Identifiers, including your name, email address, address, phone number, login credentials (such as username and password), and other similar identifiers.
- IP address and other unique device identifiers.
- Any other personal information that you upload or share to or on the Website, or which you otherwise provide directly to us.
- Inferences drawn from any of the above.
- Information about your internet connection and the equipment you use to access the Website; your activity on the Website; and other usage details collected through your use of the Website.
- Information that is about you but individually does not identify you, such as information which has been de-identified or aggregated in a manner where it can no longer be used to identify you.
- Any other information, including personal information, which you disclose or share.
4. How We Collect Personal Information
We may collect personal information:
- Directly from you when you provide it to us;
- Automatically when you use or access the Website; or
- From third parties.
A. Information We Collect Directly
The personal information we collect directly from you when you use or access the Website includes:
- Information that you provide by visiting the Website, accessing the Website and registering for an account, making an investment, filling in forms on the Website, requesting further services, or otherwise communicating through the Website.
- Details of transactions you carry out through our Website and of the fulfillment of your orders.
- Your voluntary responses to surveys that we might ask you to complete.
- Records and copies of your communications when you contact us, including information you provide when requesting further information or reporting a problem with the Website.
B. Information We Collect Automatically
As you navigate through and interact with the Website, we may use automatic data collection technologies to collect certain information, including:
- Usage details. When you access and use the Website, we may automatically collect certain details of your access to and use of the Website, including traffic data, approximate location data, logs, and other communication data and the resources that you access and use on or through the Website.
- Device information. We may collect information about your mobile device and internet connection, including the device’s IP address, unique device identifier, and other information such as operating system and browser type.
The information we collect automatically may include personal information. This information helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to estimate our audience size and usage patterns, store information about your preferences, and recognize you when you return to the Website.
The technologies we use for automatic information collection on the Website may include cookies. A cookie is a small file containing a string of characters that is sent to your browser when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. Cookies may store unique identifiers, user preferences, and other information, such as what pages you visit, your IP address, or how you arrived on the website. Cookie information allows us to enable certain functions of the Website, to store your preferences and settings, and to analyze your use of the Website and improve your experience on the Website. Ultimately, a cookie allows us or a third party to recognize you and make the Website more useful to you. Cookies can be “persistent” or “session” cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your browser.
We also utilize third-party cookies and other third-party tracking technologies from third-party analytics providers to help us market, troubleshoot, and provide information about our products and services. We use analytics tools provided by third parties including, but not limited to, Google Analytics, which is a third-party service that tracks and reports user behavior and traffic data to Google services in the United States. We use the reports provided by Google and similar service providers to help us understand trends and other activity on the Website and to help us improve the Website. We only use this information to identify trends and potential issues; we do not use it in a way that individually identifies any of our users. Google may use the collected data to contextualize and personalize the ads of its own advertising network. For more information regarding Google and how it collects and processes your information, please see “How Google Uses Information From Sites or Apps That Use Our Services,” located at https://policies.google.com/technologies/partner-sites.
C. From Third Parties
We may also receive personal information or draw inferences about you from other sources, including, without limitation, service providers who collect or process information on our behalf. We generally require these service providers to use your personal information only as we direct and in a manner consistent with this Policy.
5. How We Use Your Personal Information
We may use the personal information that we collect about you or that you provide to us:
- To provide you with the Website, all related content, and any other information, products, or services that you request from us, such as investment information and recommendations.
- To communicate with you and to process your requests.
- To provide you with investment opportunities and to otherwise market to you and notify you of changes or additions to any investments or other products or services we offer.
- To help maintain the safety, security, and integrity of the Website, as well as our products, services, databases, and other technology assets.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
- For testing, research, analysis, and development, including to understand our audience, develop and improve new products and services, and to develop and improve the Website and the Company.
- To respond to law enforcement requests and, as required by applicable law, court order, or governmental regulations.
- To evaluate, negotiate, or conduct a merger, divestiture, restructuring, reorganization, dissolution, other sale, or transfer of some or all of our assets, or the negotiation thereof, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users and customers is among the assets transferred.
- To fulfill any other purpose for which you provide it.
- For any other purpose with your consent.
6. Disclosure of Your Information
We may disclose personal information that we collect or that you provide:
- To our subsidiaries and affiliates.
- To issuers, investment partners, and financial institutions in relation to your investments.
- To contractors, service providers, advisors, and other third parties we use to support our business and who use it only for the purposes for which we disclose it to them.
- To an actual or prospective buyer or other successor in the event of an actual or proposed merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users is among the assets transferred.
- To comply with any applicable compliance requirements, such as compliance with anti-money laundering and sanctions laws.
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- To detect, prevent, or otherwise address fraud, security, or technical issues.
- To enforce our rights arising from any contracts entered into between you and us, and for billing and collection.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
We do not sell personal information or use your personal information for targeted advertising.
We may use or disclose aggregated information about our users and information that does not identify any individual without restriction.
7. Privacy Choices
We strive to provide you with choices regarding the personal information you provide to us. We have gathered the following mechanisms to provide you with control over your information:
- Tracking Technologies. You can refuse or disable some or all cookies by setting your browser to refuse, delete, or disable cookies. If you refuse, delete, or disable cookies, some parts of the Website may then be inaccessible or not function properly.
- Device Permissions. Mobile devices offer permission systems for specific types of device data and notifications, such as phone contacts, pictures, location, and push notifications. You can change your settings on your device to either consent to or refuse the collection or processing of the corresponding information or the display of the corresponding notifications. If you disable or refuse certain permissions, the Website may then be inaccessible or not function properly.
- Google Analytics. You can opt out of having your activity available to Google Analytics by installing the Google Analytics opt-out add-on. For more information, visit https://tools.google.com/dlpage/gaoptout.
- Promotional Offers from Us. If you do not wish to have your contact information used by us for promotions, you can opt-out by unsubscribing from any emails you receive from us. Additionally, you can also always opt-out by contacting us as provided in Section 13 (How to Contact Us).
- Accessing, Correcting, Updating, and Deleting Your Information. To access, correct, update, or delete certain information, you can contact us as provided in Section 13 (How to Contact Us). We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause that information to be incorrect.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt-out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website, https://thenai.org/opt-out. Similarly, you can opt-out of receiving targeted ads from members of the Digital Advertising Alliance (“DAA”) on the DAA’s website, https://www.privacyrights.info.
8. Security
We implement various physical, administrative, and technical safeguards in accordance with industry standards to protect the security of your personal information both online and offline. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
9. Retention of Personal Information
We retain your personal information only for as long as is necessary to fulfill the purposes for which it was collected and processed, in accordance with our retention policies, and in accordance with applicable laws or until you withdraw your consent (where applicable).
To determine the appropriate retention period for your personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we use your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
10. International Data Transfers
The Website is operated and managed on servers located and operated in the United States. Any information collected through the Website as described in this Policy is stored in the United States. If you are located outside of the United States, please note that we may transfer information, including personal information, to the United States, which may not have the same data protection laws as your jurisdiction, and you consent to the transfer of your personal information to, and the storage and further processing of your personal information in, the United States.
11. Children’s Privacy
The Website is not directed to nor intended for use by anyone under 18 years old (a “Child” or “Children”). We do not knowingly collect personal information from Children. Children are not authorized to use the Website. If you are a Child, please do not provide any personal information to, on, or through the Website. If we learn we have collected or received personal information from a Child, we will delete that information. If you believe we might have any information from or about a Child, please contact us as provided in Section 13 (How to Contact Us).
12. Changes to this Policy
We reserve the right to review and revise this Policy from time to time, without prior notice, subject to applicable legal requirements. The date this Policy was last reviewed and/or revised is noted at the top of the page. You are responsible for periodically visiting this Policy to check for any changes. Your continued use of the Website following the posting of changes constitutes your acceptance of such changes.
13. How to Contact Us
To ask questions or comment about your personal information, this Policy, or our privacy practices, you may contact us:
- Via email at [email protected];
- Via phone at 914-741-1300; or
- Via mail at 555 Pleasantville Road, South Building, Suite 220, Briarcliff Manor, NY 10510.
14. Notice for Individuals Located in Nevada
This Section 14 applies exclusively to visitors and users of the Website who reside in the state of Nevada. Nevada provides its residents with a limited right to opt-out of certain personal information sales. Nevada residents who wish to exercise this sale opt-out right may email us at [email protected]. Please include “Nevada” in your email subject line and include the following information in your email: (i) your name, (ii) Nevada resident address, and (iii) email address. However, please know we do not currently sell data triggering that statute’s opt-out requirements.
This Website is intended solely to provide information regarding Saw Mill Capital LLC (“Saw Mill Capital”) potential financing capabilities for prospective portfolio companies. The information provided on this Website, including information regarding Saw Mill Capital and current and historical portfolio companies, is not intended to recommend any company or investment described herein and is not an offer or sale of any security or investment product or investment advice. In any event, past performance is not a guarantee of future results and it should not be assumed that results for portfolio investments will be achieved for other investments. Representative investments are not to be considered a complete list of all investments made or currently held by Saw Mill Capital’s funds. Saw Mill Capital provides investment advisory services only to the privately offered Saw Mill Capital funds. Saw Mill Capital does not solicit or make its services available to the public or other advisory clients.
The “Investor Login” is solely for the use of existing limited partners of investment funds sponsored by Saw Mill Capital and is intended to provide access to electronic copies of information that has already been made available to existing investors in Saw Mill Capital funds.