ABOUT US AND THE WEBSITE

This website and any subpages (the “Website”) provides information about Shorecliff Asset Management Company LLC ("Shorecliff”) and the services offered by it and its affiliates. The Website is maintained by Shorecliff, an investment adviser registered with the U.S. Securities and Exchange Commission (“SEC”). Throughout these terms (“Terms”), Shorecliff and its affiliates are referred to as “we”, “our”, “us”, or “Shorecliff”. We use the terms “you” and “your” to refer to any person using the Website.

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OUR COMMITMENT TO PRIVACY

Shorecliff is committed to making our website’s content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please email our team at info@shorecliffam.com, with “Disabled Access” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies. Additionally, while we do not control such vendors, we strongly encourage vendors of third-party digital content to provide content that is accessible and user friendly.

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ACCEPTANCE OF TERMS

The purpose of these Terms is to define the terms and conditions on which we shall provide access to the Website and allow you to use the various features and functionalities of the Website.

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By using the Website, you are accepting the practices and consenting to these Terms. If you do not consent to these Terms, then you should immediately discontinue your use of and access to the Website.

 

We may update these Terms from time to time. Should we do so, the new terms will become effective from the moment they are uploaded onto the Website. You should check the Terms when you visit the Website to confirm the most recent Terms that apply.

 

YOUR USE OF THE WEBSITE 

The Website aims to provide information about Shorecliff and the services we offer.

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The content of the Website is available for informational purposes only. The posting of content and access to this Website does not constitute, either explicitly or implicitly, any offer or provision of services or products by us.

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You will not use the Website for any purpose that is unlawful or prohibited by these Terms, including but not limited to attempting to or causing (a) any disruption, impairment or other interference with the operation or integrity of the Website or circumvention of any Website security system; (b) the collection of any information about other users of the Website; or (c)  the systematic extraction of information or data contained in the Website to populate databases or other sites.

 

ACCESS TO THE WEBSITE

We do not guarantee that the Website will always be available or uninterrupted. In addition to any other rights we have under these Terms, we may suspend or withdraw or restrict the availability of all or any part of the Website from time to time, for example for business and operational reasons.

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OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

We are the owner of all intellectual property rights in relation to the Website, including, among other things, all trademarks, logos, service marks and service names, whether they are registered or not. These rights are protected by, among other things, copyright laws and treaties around the world. We reserve all such rights.

 

Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged. You must not in any way use any part of the materials on the Website for commercial purposes without obtaining a license from us to do so. You may not modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Website.

 

LINKED SITES

Certain hyperlinks or referenced websites on the Website may forward you to third parties' websites. Any descriptions of, references to, or links to other products, publications or services do  not constitute  an endorsement, authorization, sponsorship by or affiliation with Shorecliff with respect to any linked site, unless expressly stated by Shorecliff. Any such information, products or sites have not necessarily been reviewed by us and are provided or maintained by third parties over whom we exercise no control. We are not responsible for the content of any site linked to this site. Your linking to any off-site pages or other sites is at your own risk.

 

INDEMNIFICATION

You agree to indemnify and hold harmless Shorecliff and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Website; (ii) any actual or alleged violation or breach by you of these Terms; (iii) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (iv) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

 

DISCLAIMER

ALL CONTENT IS FOR INFORMATIONAL PURPOSES ONLY. NOTHING CONTAINED IN THE SITE CONSTITUTES INVESTMENT, LEGAL OR TAX ADVICE. NEITHER THE INFORMATION, NOR ANY OPINION CONTAINED IN THE SITE CONSTITUTES A SOLICITATION OR OFFER BY SHORECLIFF, ANY OF ITS AFFILIATES OR ANY OTHER ENTITY MANAGED DIRECTLY OR INDIRECTLY BY ANY OF THE FOREGOING, TO BUY OR SELL ANY SECURITIES, FUTURES, OPTIONS OR OTHER FINANCIAL INSTRUMENTS. NOTHING ON THIS SITE IS A RECOMMENDATION THAT YOU PURCHASE, SELL, OR HOLD ANY SECURITY OR OTHER INVESTMENT. DECISIONS BASED ON INFORMATION CONTAINED ON  THE  SITE  ARE THE SOLE RESPONSIBILITY OF THE VISITOR, AND AS CONSIDERATION FOR ACCESS TO THE SITE, YOU AGREE TO HOLD SHORECLIFF AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY CLAIMS WHATSOEVER AND OF ANY NATURE FOR DAMAGES ARISING  FROM ANY DECISIONS THAT YOU MAKE BASED ON SUCH INFORMATION.

 

PAST PERFORMANCE OF ANY INVESTMENT OR INVESTMENT STRATEGY IS NOT INDICATIVE OF NOR GUARANTEE OF FUTURE PERFORMANCE.

 

THE MATERIALS IN THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND (EITHER EXPRESS OR IMPLIED). TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SHORECLIFF AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

LIABILITY

These Terms exclude or limit our liability arising out of the use of, or relating to, the Website to the extent that the law permits us to do so. We do not exclude or limit our liability for death or personal injury arising from our negligence, or for our fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under the relevant laws. While we take reasonable steps to ensure  that the information on the Website is accurate and up to date, we do not give or make any warranty or representation (whether express or implied) that any such information is accurate, timely, complete or available. We will not be liable to you for any loss or damage as a result of your use of, or reliance on, the information on the Website, or for your inability to access or use the Website for any period of time.

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We endeavor to ensure, but do not guarantee, that the Website is free from any viruses or other malicious or harmful content. We do not accept any liability for errors, delays, or damage to your computer or device as a result of using the Website. It is your responsibility to ensure that you have up to antivirus software, or any other necessary equipment in order to use the Website safely and to avoid anything that may damage or harm your computer or device.

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In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

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TERM AND TERMINATION

These Terms will apply to you as soon as you access the Website and will continue to have effect until they are terminated or if you are no longer interacting with us. However, any provisions of these Terms that by their nature should continue to apply after termination of these Terms will do so. This includes, without limitation, all limitations on liability, choices of law and judicial forum and intellectual property protections and licenses.

 

GOVERNING LAW & JURISDICTION

These Terms shall be construed in accordance with the laws of the State of California without regard to its conflict of laws rules. Any legal proceedings against Shorecliff or its affiliates that may arise out of, relate to, or be in any way connected with the Website or these Terms shall be brought exclusively in the state and federal courts of Orange County, California and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

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DISPUTE RESOLUTION AND MANDATORY ARBITRATION

You and Shorecliff agree to resolve any claims relating to the Website or these Terms through final and binding arbitration through a single arbitrator. The American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitration will be held in Newport Beach, California or any other location we agree to. AAA rules will govern payment of all arbitration fees. You agree that you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class.

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NO TRIAL BY JURY

TO THE EXTENT ALLOWED BY LAW, EACH PARTY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

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AMENDMENT

We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Website or Service or to modify these Terms. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Website generally, unique parts of the Website, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms. To the extent any Additional Terms conflict with these Terms, the Additional Terms will control. Modifications to these Terms or Additional Terms will be effective immediately upon notice, either by posting on the Website or by notification by email or conventional mail. It is your responsibility to review these Terms and the Website from time to time for any changes or Additional Terms. Your access and use of the Website following any modification of these Terms, or the provision of Additional Terms, will signify your consent to and acceptance of the same. If you object to any subsequent revisions to these Terms or to any Additional Terms, you should immediately discontinue your use of the Website.

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MISCELLANEOUS

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Except where specifically stated otherwise, if any part of these Terms is deemed unlawful or unenforceable for any reason, we mutually agree that only that part of these Terms shall be stricken and that the remaining terms in these Terms shall not be affected.

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These Terms (including any Additional Terms incorporated by reference) constitute the entire agreement between us with respect to the subject matter hereof and supersede all previous written or oral agreements between us with respect to such subject matter.

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You may not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms or any rights hereunder without your consent and without notice.

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WEB PRIVACY POLICY

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Cookie Disclosure Policy

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Effective: January 1, 2024

We collect information during and, occasionally, at other times.

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Shorecliff Asset Management (“Shorecliff”) takes your privacy very seriously. Please carefully read this Privacy Policy and familiarize yourself with our privacy practices regarding your personal information and how we will use it. This Privacy Policy applies to the Our site, including mobile sites or apps (collectively, the “Sites”). By visiting the Sites, you accept this Privacy Policy and Cookie Disclosure Policy, which are hereby incorporated. If you do not agree with these policies, do not use the Sites.

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WHAT INFORMATION WE COLLECT
You may be asked to provide your name, email address, mailing address, phone number, and similar information.

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USES AND DISCLOSURE OF PERSONAL INFORMATION
We may use third-party service providers or other third-party organizations helping to support our mission that may collect or store to complete your request, e.g. completing a transaction or to outsource one or more of the functions described above.

 

RESEARCH

We may contract with a market-research firm to conduct occasional online surveys. When you're within our sites, you may see a pop-up window offering you the optional opportunity of participating in a survey. If you do not wish to participate, simply click the "No, Thank You" link and you will not see this window again. If you choose to participate, you'll be prompted to answer a series of online questions. You will be prompted to enter your e-mail address for validation purposes but no other personal information (name, address, etc.) will be collected as part of the survey.

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COOKIE TECHNOLOGY

We also employ cookie technology to help subscribers move faster through our site. When you use one of our sites, we pass several cookies to your computer. A cookie is a string of information that's sent by a Web site and stored on your hard drive or temporarily in your computer's memory. The cookie is deleted when a user chooses the log out feature to terminate their session. We also employ cookie technology to store subscribers' User Names and Passwords. Read our cookie disclosure statement and view a cookie-by-cookie breakdown.

Some web browsers may transmit “Do Not Track” signals to websites visited by the user. Our information collection and disclosure practices will continue to apply as described in this policy, regardless of any “Do Not Track” signals that are sent by certain browsers.

 

THIRD PARTY WEB SITES
Our Sites may contain links to other Web sites provided by third parties. Please be aware that we do not control these third-party Web sites or any of the content contained on those Web sites. Once you have left our Sites, we cannot be responsible for the privacy practices of such other Web sites. We encourage you to exercise caution and to read the privacy policy for the Web site you visit. The inclusion of hyperlinks to third party Web sites on our Sites in no way constitutes an endorsement by us of such Web sites’ content, actions or policies.

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DATA STORAGE, ACCESS, AND THE RIGHT TO BE FORGOTTEN
We store and process data on our servers in the United States, even though the European Union has not recognized that the United States provides adequate data protection laws. Individuals in the Europe Union have certain data subject rights which may be subject to limitations and/or restrictions. These rights may include the right to: (i) request access to and rectification or erasure of their personal data; (ii) obtain restriction of processing or to object to processing of their personal data; and (iii) the right to data portability. If you wish to exercise one of the above-mentioned rights, please send us your request via email to: info@Shorecliffam.com. Individuals in Europe may also have the right to file a complaint about the processing of their personal data with their local data protection authority. Please also let us know if you have any questions, concerns, disputes, or issues. Our Compliance Officer is Mark Bellias and can be reached at info@Shorecliffam.com or by physical mail at 620 Newport Center Drive, Suite 1100, Newport Beach, CA 92660.

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We store personal data for different periods of time consistent with the purposes for which they were originally collected, as subsequently further authorized, or when required or allowed under applicable law.

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We do not subject data subjects to decisions that have legal effects on them due solely to automated processing of personal data.

For United States residents, we undertake marketing only in compliance with the CAN-SPAM Act, the Telephone Consumer Protection Act, and other applicable law. For European Union residents, we undertake marketing only with your expressive affirmative consent and in compliance with applicable data privacy laws. EU residents will not be added to the marketing lists unless they have already provided express affirmative consent consistent with applicable data protection laws.

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SECURITY

We are committed to maintaining your confidence and trust, and currently do not collect any personal identifiable information. However, no transmission or electronic storage of information is guaranteed to be secure. We therefore urge you to always use caution when transmitting information over the Internet.

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CHILDREN

The Sites are not directed toward children under 18 years of age, nor do we knowingly collect information from children under 18. If you are under 18, please do not use the Sites or submit any personally identifiable information to us.

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YOUR CALIFORNIA PRIVACY RIGHTS
California’s “Shine the Light” law permits California residents to annually request and obtain information free of charge about what personal information is disclosed to third parties for direct marketing purposes in the preceding calendar year.

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DATA CONTROLLER, COMPLIANCE OFFICER
We are responsible for your privacy protection. If you have questions regarding our website, the following information, or if you would like to contact our privacy protection representative, please contact us at info@Shorecliffam.com.

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CHANGES AND UPDATES

We may revise this Privacy Policy from time to time. We will post any changes on this page and update the date at the top, so be sure to check back periodically to stay aware of any modifications. Your continued use of the Sites after changes have been posted will constitute your acceptance of this Privacy Policy and any changes.

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CONTACT US

If you have any questions, concerns, or suggestions regarding this Privacy Policy, or to update any information you have provided us, please send us an email at info@Shorecliffam.com.