Terms & Conditions
Thank you for visiting the Yukon Partners Management website (the “Site”).
You are presently in www.yukonpartners.com, the proprietary website for Yukon Partners Management, L.L.C. The information presented by Yukon Partners Management, L.L.C. on its behalf and on behalf of its affiliates (collectively “Yukon”) on this website is subject to the limitations, terms and conditions set forth herein (the “Terms & Conditions”). These Terms & Conditions apply to all users. By entering and using the Site, and/or by transmitting any information to the Site, you hereby acknowledge and agree to all of these Terms & Conditions. Accordingly, please read these Terms & Conditions carefully. If you do not understand or agree to these Terms & Conditions, do not access the Site. Any use of the Site in a manner inconsistent with these Terms & Conditions is deemed unsanctioned access and may subject you to civil or criminal penalties. Yukon reserves the right to add or remove portions of these terms at any time. Therefore, Yukon suggests that users periodically review the Site’s Terms & Conditions.
- NO ADVISORY SERVICES
Neither this communication nor any of the information presented on the Site is intended as an offer to sell, or the solicitation of an offer to purchase, any security. The offering and sale of securities can only be made by a definitive offering memorandum. Any such offer or solicitation with respect to any securities that may be issued by Yukon will be made in accordance with the relevant securities and other laws of applicable jurisdictions.
- FORWARD-LOOKING STATEMENTS
Statements included herein may constitute “forward-looking statements,” which relate to future events or Yukon’s future performance or financial condition. These statements can be identified by the use of terminology such as “may”, “will”, “should”, “expect”, “anticipate”, “target”, “project”, “estimate”, “intend”, “continue” or “believe”. Actual results and condition may differ materially from those in the forward-looking statements as a result of a number of factors, including those described from time to time in Yukon’s filings with the Securities and Exchange Commission. These statements are not guarantees of future performance, conditions or results and should not be relied upon in making investment decisions. Yukon makes no assurance that its future performance will match its expectations. Due to various risks and uncertainties, actual events or results or the actual performance of any Yukon fund may differ materially from those reflected or contemplated in such forward-looking statements.
- TRADEMARKS & COPYRIGHTS
No portion of the Site, including without limitation, text, images, graphics and/or other media, may be used in any manner, or for any purpose, without the prior, express, written approval of Yukon, except as specifically provided herein. The Site and all of its contents are the exclusive property of Yukon, and are subject to applicable U.S. and international copyright and other intellectual property protection laws. Furthermore, all software used on the Site is the property of Yukon or its software suppliers and is similarly protected by applicable U.S. and international laws.
By entering and using the Site, you acknowledge and agree that each name, logo, trademark, service mark, trade name, information or images contained on the Site is owned or licensed by Yukon (or otherwise employed by Yukon with permission) and may not be used without the prior, express, written approval of Yukon. Yukon reserves all rights to enforce its intellectual property rights to the fullest extent of the law. Any unauthorized use of such materials may subject you to penalties, damages and/or regulatory enforcement actions.
- RESTRICTIONS ON USE OF SITE INFORMATION
Yukon hereby grants you a limited license to access the Site for personal, non-commercial use only, including printing copies of information from the Site, and storing information from the Site on your own computer, unless and until such actions are subsequently prohibited by Yukon via revisions to these Terms & Conditions. You may not modify the Site, or any portion thereof, for any reason. Any unauthorized use terminates the approval and limited license granted by Yukon. You may not distribute, modify, transmit, reuse, repost, or use the content of this website, including any text, images, audio or video, for public or commercial purposes, without Yukon’s prior written permission. Modification or use of the materials for any other purpose violates Yukon’s intellectual property rights. Yukon neither warrants nor represents that your use of materials displayed on this website will not infringe rights of third parties not owned by or affiliated with Yukon. Any and all other pertinent rights are expressly reserved by Yukon.
- WEBSITE POSTING, TRANSMITTING & LINKING
Without the prior, express, written approval of Yukon, you may not do any of the following: (i) establish a hyperlink to the Site from any other website; (ii) include information from the Site on another website, on a server computer, or in written or digital documents; (iii) modify or re-use the information from the Site in a manner prohibited herein; (iv) transmit any commands, codes or information to the Site, with the exception of those commands necessary to view the Site, or (v) impersonate any person or entity or misrepresent your affiliation with any person or entity.
You may not transmit to the Site or to any Yukon personnel, (i) any pornographic, obscene, profane, defamatory, libelous, threatening, or unlawful material or any unsolicited commercial communications or (ii) any material that could constitute or encourage unlawful conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that Yukon, or other parties involved in creating, producing, or delivering the Site, may monitor or review any transmissions to the Site or to Yukon personnel, Yukon and such other parties assume no responsibility or liability that may arise from the content thereof.
Although the Site may be linked to other sites upon permission, Yukon is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering the Site, you acknowledge and agree that Yukon may not have reviewed all the webpages that are, or may be in the future, linked to the Site, and is accordingly not responsible for the content of any webpages that are linked, either directly or indirectly, to the Site. You further acknowledge and agree that when you follow links to webpages not controlled or affiliated by/with the Site, you do so at their own risk.
The information on the Site is provided for informational purposes only. Yukon reserves the right to change and correct the Site at any time, without notice. While Yukon undertakes reasonable efforts to help ensure that all material on the Site is correct, accuracy cannot be guaranteed and Yukon thus makes no warranties or representations as to the accuracy of the Site. THEREFORE, THE SITE AND ALL INFORMATION AND MATERIALS CONTAINED HEREIN, IS PROVIDED TO USERS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, AN IMPLIED WARRANTY OF MERCHANTABILITY, APPROPRIATENESS FOR A SPECIFIC PURPOSE, TITLE AND NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW.
- LIABILITY LIMITATIONS
By entering and using the Site, you acknowledge and agree that you do so at your own risk and that none of the parties involved in developing, producing, delivering and managing the Site is liable for any harm or damages of any nature, including but limited to, liabilities, losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) that may arise, directly or indirectly, by accessing, browsing and/or using the Site, or by downloading or transmitting any text, images or other media to or from the Site.
- USER SUBMISSIONS
By entering the Site, you acknowledge and agree that any communication or material that you transmit to the Site or to Yukon, in any manner and for any reason, will not be treated as confidential or proprietary, unless a document specifically addressing the confidentiality of a given transmission has been previously executed among the parties. Furthermore, you acknowledge and agree that any materials which you transmit to Yukon may be used by Yukon, anywhere, anytime, and for any reason whatsoever.
When you register with the Investor Portal or other private section of the Site, you will be asked to supply a username and password. You should keep your username and password confidential, and are responsible for all use of your personal account login information. Notify Yukon immediately if you become aware of any disclosure, loss, theft or unauthorized use of your username and/or password.
No waiver by Yukon of any right under or term or provision of these Terms & Conditions will be deemed a waiver of any other right, term or provision of these Terms & Conditions at that time or a waiver of that or any other right, term or provision of these Terms & Conditions at any other time.
You acknowledge and agree that Yukon may terminate, change, suspend or discontinue your access to the Site should you fail to comply with any of these Terms & Conditions. Any such determination shall be in Yukon’s sole and absolute discretion and may occur without prior notice, or any notice. Yukon further reserves the right to terminate your access to the Site for any conduct that Yukon, in its sole and absolute discretion, deems (i) is or may be directly or indirectly harmful to other users, to Yukon, its affiliates, other business associates, and/or to other third parties, or (ii) violates any local, state, federal, or foreign laws or regulations.
- DATA PROTECTION REGULATIONS
12.1. Yukon Partners is the entity which is responsible for the control and processing of personal data that we collect from Investors and Authorized Users in connection with the subscription to our funds.
12.2 Yukon Partners commits to implementing all necessary technical and/or organizational measures to ensure the protection of personal data from any accidental or unlawful destruction, loss, deterioration, unauthorized disclosure or access and any other unlawful form of processing.
12.3. Yukon Partners ensures that the Investor/the Authorized Users’ personal data will only be collected, stored and processed pursuant to applicable data protection law and regulations and to the extent necessary for the purposes set out below (collectively, the “Purpose”), being to:
(a) process personal data for the performance, management and monitoring of Yukon Partners Services;
(b) process personal data for communicating with Investors/Authorized Users and for marketing the Yukon Partners Services;
(c) process personal data derived from the use of Yukon Partners Services for business analytics and diagnostics; and
(d) provide personal data to third party service providers engaged by Yukon Partners to provide administrative, transfer, document storage, record keeping and other functions in connection with Yukon Partners Services.
12.4. Yukon Partners will process the following categories of personal data for the Purpose: name, business address, business e-mail address, job function, user name respectively login name and password, information concerning the Investor’s account and transactions with our funds including, inter alia, your trading history and statements and reports that we create for Investors. The recipients of such personal data within Yukon Partners are business departments/units related to client services on a need to know basis.
12.5. The source of such personal data originates from the information directly provided by the Investor/Authorized Users, information we create based on Investor transaction activities and information we receive from third parties including from screening databases, credit check services and identity verification services. No publicly accessible sources will be used for retrieving the categories of personal data indicated above.
12.6 Insofar as it concerns the data of individuals in the European Union, Yukon Partners relies on the following lawful basis for the processing of Investor/Authorized Users personal data (as relevant):
(a) The fulfilment of contractual obligations to Investors for the Yukon Partners Services, or in response to Investor/Authorized Users request ahead of contracting with Yukon Partners, using/subscribing to the Yukon Partners Services or investing in Yukon Partners funds;
(b) Yukon Partners’ legitimate interests in (among other things) administering and managing funds, improving and maintaining the Yukon Partners Services, protecting the security or integrity of Yukon Partners databases, protecting Yukon Partners business or reputation, taking precautions against legal liability, dealing with Yukon Partners assets in the event of a business change, protecting and defending Yukon Partners legal rights or property, or for resolving disputes, investigating and attending to inquiries or complaints with respect to the Yukon Partners Services or the Investor’s investment in Yukon Partners funds;
(c) the Investor/Authorized User’s express consent, which may be withdrawn at any time by way of email to firstname.lastname@example.org; and
(d) compliance with applicable legal and regulatory obligations.
12.7. In the course of processing the personal data of Investor/Authorized Users for the Purpose such data may be transferred to entities situated or operating in countries outside the European Economic Area which may not have data protection laws equivalent to those in the European Economic Area. Yukon Partners has established appropriate safeguards for such cross-border data transfers by way of an intra-group data transfer agreement and the execution of EU model clauses as part of its standard commercial agreements with its external service providers.
12.8. Personal data will be processed for the Purpose in a strictly confidential manner and not communicate to third parties not authorized to receive such personal data, unless disclosure of personal data is required by data protection regulation and/or regulatory authorities or with the Investor’s consent. To the extent permitted or required by applicable law, Yukon Partners may disclose personal information of Investors/Authorized Users to third parties to: (i) enforce or apply the terms and conditions of Yukon Partners’ agreements; (ii) protect Yukon Partners legal rights, reputation, safety or property, or that of other Investors or others; (iii) protect against legal liability; (iv) establish or exercise Yukon Partners legal rights and defend against legal claims; or (v) investigate, prevent or take action regarding known or suspected illegal activities, fraud, infringement of Yukon Partners’ rights, damage to reputation, threats to safety or property, or those of other Investors or others, or violation of Yukon Partners policies or agreements; or as otherwise required by law.
12.9 If Yukon Partners becomes involved in a merger, consolidation, acquisition, sale of assets, joint venture, securities offering, bankruptcy, reorganization, liquidation, dissolution or other transaction, or if the ownership of all or substantially all of Yukon Partners’ business otherwise changes, personal data of Investors/Authorized Users may be shared or transferred in connection with such transaction. Where appropriate, the Investor/Authorized user’s instructions and consent may be sought before sharing personal data with a third party in the context of a change of ownership or legal structure.
12.10. Personal data will be stored for the Purpose and for other purposes permitted by law during the time of the investor relationship and up to ten subsequent years (subject to other (local) requirements).
12.11. Investors/Authorized Users in the European Union have the right to request access to personal data or to request rectification, erasure, or restriction of processing of personal data as well as the right to object to the processing of their personal data. In certain circumstances, the Investor/the Authorized Users may also have the right to receive an electronic copy of selected personal data for further use by the Investor/the Authorized Users (data portability right). Any request should be sent to Yukon Partners’ data protection officer at email@example.com.
12.12. Insofar the Investor/the Authorized Users have been asked to consent to the processing of their personal data, the Investor/the Authorized Users have the right to withdraw such consent at any time. However, such withdrawal will not have retroactive effect, and depending on the circumstances, Yukon Partners may have other legal grounds to continue the processing of such personal data.
12.13. If the Investor/the Authorized Users believe that Yukon Partners has violated or is violating their rights under data protection regulations, where applicable, the Investor/the Authorized Users have the right to lodge a complaint with a responsible data protection supervisory authority. To find a responsible data protection authority, please see http://ec.europa.eu/justice/data-protection/bodies/index_en.htm.
12.14. The Investor hereby represents and warrants that he/she/it has obtained all necessary consents of any person that is the subject of any personal data provided to Yukon Partners processing their personal data for the Purposes. The Authorized Users hereby explicitly consents to the processing of his/her personal data for the Purposes.
12.15. In case the Investor/the Authorized Users have any questions or requests related to data protection or their personal data, please contact Yukon Partners’ data protection officer at firstname.lastname@example.org.
You agree to indemnify and hold harmless Yukon, its members, managers, partners, officers, directors, employees, affiliates, and agents, as well as Yukon licensors and other third parties with which Yukon contracts, from and against any and all claims, demands, actions, costs or expenses (including attorney’s fees and expenses) incurred by or against such persons or entities arising out of, or resulting from (i) your use of the Site (ii) your deemed violation(s) of these Terms & Conditions, (iii) your deemed violation(s) of any rights of a third party, and/or (iv) your violation of applicable law.
- JURISDICTION & GOVERNING LAW
This website is controlled and operated by Yukon from its offices within the State of Minnesota, United States of America. Yukon makes no representation that materials on the website are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials on this website in violation of U.S. export laws and regulations.
Yukon reserves the right to revise these Terms & Conditions at any time and for any reason, without notice or obligation, by updating this posting. Your continued use of the Site subsequent to any changes to the Site and/or these Terms & Conditions constitutes your acceptance of any such amendments.
If any of the provisions of these Terms & Conditions shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable from the rest of the provisions of these Terms & Conditions and shall not affect the validity and enforceability of any of such remaining provisions of these Terms & Conditions.
Any section headings or titles in these Terms & Conditions are inserted for convenience only and shall have no other meaning.
These Terms & Conditions set forth the entire agreement and understanding between you and Yukon regarding its subject matter and supersedes any prior representations, advertisements, statements, proposals, negotiations, discussions, understandings, agreements or other communications regarding the same subject matter.