Terms of Service & privacy policy

These Terms and Conditions of Use (the “Terms”) apply to all use of this website (the “Site”). Please read these terms and conditions carefully before using the Site. By using this Site, you acknowledge that you have read, understood and agreed to the Terms. If you do not agree to these Terms, you may not access or use the Site. Folium Capital and its affiliates (collectively referred to as “Folium”, “us”, “we” or “our”) reserves the right, at our discretion, to change, modify, add or remove portions of these Terms at any time. Therefore, we suggest that you review these terms periodically for changes. By using our Site after we have posted changes to these Terms, you are agreeing to be bound by the then current Terms.

Please read these terms carefully, as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies and obligations. The agreement to arbitrate requires (with limited exception) that you submit claims you have against us to binding and final arbitration, and further (1) you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, (2) you will only be permitted to seek relief (including monetary, injunctive and declaratory relief) on an individual basis and (3) you may not be able to have any claims you have against us resolved by a jury or in a court of law.

Disclaimers

All content is for informational purposes only. Nothing contained in the Site constitutes investment, legal or tax advice and you should not consider the information on the Site to be the same. Neither the information, nor any opinion contained in the Site constitutes a solicitation or offer by Folium or any fund or other entity managed directly or indirectly by Folium, to buy or sell any securities, futures, options or other financial instruments. Before acting on any information, you should consider the appropriateness of it having regard to your particular objectives, financial situation and needs and consult with your own financial advisors, accountants or attorneys regarding your individual circumstances and needs. All securities and financial product or instrument transactions involve risks. With respect to performance, note that past performance is not necessarily indicative of future results and there can be no assurance that comparable results will be achieved. Any target returns disclosed on this website is for illustrative and informational purposes only and no assurance, representation, or warranty is made by any person that the target return will be achieved.

Certain information contained in this Site may constitute “forward-looking statements,” which can be identified by the use of forward-looking terminology such as “may,” “will,” “should,” “expect,” “anticipate,” “target,” “project,” “estimate,” “intend,” “continue” or “believe,” or the negatives thereof or other variations thereon or comparable terminology. Folium cautions that forward-looking statements are subject to numerous assumptions, estimates, risks and uncertainties, and if these risks materialize, or if Folium’s assumptions or estimates prove to be incorrect, Folium’s performance may differ materially from those reflected or contemplated in such forward-looking statements.

Restrictions on Use of Materials

Unless otherwise expressly noted, all information and materials, including, without limitation, images, illustrations, designs, icons, photographs, video clips, and written and other materials, that are part of the Site are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by Folium. In particular, and without limiting the foregoing, FOLIUM, FOLIUM CAPITAL and the Leaf Logo are trademarks of Folium Capital Inc. and may not be used or reproduced without our prior written permission. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way; provided, however, that you may download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact and properly display all copyright and other proprietary notices. You may not distribute, modify, transmit, reuse, repost, or use the content of the Site, including, without limitation, any text, images, audio and video, for public or commercial purposes without Folium’s written permission. Modification or use of the information or materials for any other purpose will violate the copyright and/or intellectual property rights of Folium. Folium will not treat users of this Site as its clients by virtue of their accessing this Site.

Proprietary Rights

All rights, titles and interest in this Site and any content contained herein are the exclusive property of Folium, except as otherwise stated. Unless otherwise specified, this Site is for your personal and non-commercial use only. You may print, copy and download any information or portion of this web website for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from this Site, except for the purposes expressly provided herein, without Folium’s prior written approval. If you copy or download any information or software from this Site, you agree that you will not remove or obscure any copyright, other notices, or legends contained in any such information.

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 Folium from its offices within the Commonwealth of Massachusetts and the State of California in the United States of America. Folium makes no representation that materials in or accessible through the Site are 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 at their own risk 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 to the extent local laws are applicable. You may not use or export the information or materials 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 that would subject Folium to any registration or other requirement within such jurisdiction or country. Folium reserves the right to limit access to the Site for any reason at its sole discretion.

Indemnification

You agree to release, indemnify and hold Folium and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury or death arising out of or relating to your use of the Site, your connection to the Site, your violation of these Terms or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimers of Warranties

Your use of the site is at your sole risk. The site is provided on an “as is” and “as available” basis. Folium expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Folium makes no warranty that (i) the site will meet your requirements, (ii) the site will be uninterrupted, timely, secure, or error- free, (iii) the results that may be obtained from the use of the site will be accurate or reliable, or (iv) the quality of any products, services, information, or other material obtained by you through the site will meet your expectations.

Folium further assumes no responsibility for and makes no warranties that the Site or the server that makes it available will be free of viruses or other harmful components. Folium shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed on your computer on account of your accessing this Site.

Limitation of Liability

You expressly understand and agree that Folium will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if folium has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the site; (ii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the site; or (v) any other matter relating to the site. In no event will folium’s total liability to you for all damages, losses or causes of action exceed the one hundred dollars ($100).

Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you or be enforceable with respect to you. If you are dissatisfied with any portion of the site or with these terms, your sole and exclusive remedy is to discontinue use of the site.

If you are a user from New Jersey, the foregoing sections titled “disclaimer of warranties” and “limitation of liability” are intended to be only as broad as is permitted under the laws of the State of New Jersey. If any portion of these sections is held to be invalid under the laws of the State of New Jersey, the invalidity of such portion shall not affect the validity of the remaining portions of the applicable sections.

Governing Law and Consent to Jurisdiction

These Terms and your use of the Site shall be governed by the laws of the United States of America and the Commonwealth of Massachusetts without regard to its conflicts of laws principles.

Dispute Resolution by Binding Arbitration

Please Read This Section Carefully As It Affects Your Rights.

a. Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Folium, whether arising out of or relating to these Terms (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Folium are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b. Prohibition of Class and Representative Actions and Non-Individualized Relief

You and Folium agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Folium agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s), except that you may pursue a claim for and the arbitrator may award public injunctive relief under applicable law to the extent required for the enforceability of this provision.

c. Pre-Arbitration Dispute Resolution

Folium is always interested in resolving disputes amicably and efficiently, and most concerns can be resolved quickly and to the user’s satisfaction by emailing info@foliumcapital.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Folium should be sent to Folium Capital LP, One Beacon Street, Suite 23700, Boston, MA 02108 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Folium and you do not resolve the claim within 60 calendar days after the Notice is received, you or Folium may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Folium or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Folium is entitled.

d. Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Folium and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Folium agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

e. Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Folium will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Folium will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Folium will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

f. Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

g. Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.

h. Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms to the contrary, Folium agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Folium written notice within 30 calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Folium reserves the right to alter or delete materials from this Site at any time at its discretion without prior notice to users.

Privacy

Folium recognizes the importance of maintaining the privacy of information that its affiliates and business partners receive in relation to Folium’s clients and investors. We are committed to maintaining the privacy of our current and prospective client or investors. We recognize that clients and investors entrust us with important personal information, and want to assure clients and investors that we take seriously our responsibility to protect and safeguard this information.

Please read the relevant privacy notice available here PRIVACY NOTICE carefully before using the Site.

We may change or modify the terms of the privacy notices from time to time; therefore, we suggest you access this Site and review these Terms periodically for changes.

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Subheading: Privacy Policy

FOLIUM CAPITAL LP WEBSITE PRIVACY POLICY Last Updated August 2019

Your privacy is important to us. Folium Capital LP (“Folium,” “we,” “us,” or “our”) has developed this Privacy Policy to explain our practices for information, including personal data, collected via the web site located at www.foliumcapital.com (the “Site”), including what data we collect through the Site, how we use and protect that data and your choices in relation to your data.

This Privacy Policy explains what Personal Data (defined below) we collect, how we use and share that data, and your choices concerning our data practices.

Before using the Site or submitting any Personal Data to Folium, please review this Privacy Policy carefully and contact us if you have any questions. By using the Site, you agree to the practices described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not access the Site or otherwise use the Site.

1. PERSONAL DATA WE COLLECT

We collect information that alone or in combination with other information in our possession could be used to identify you (“Personal Data”) as follows:

Personal Data You Provide: We collect Personal Data when you interact with use through our Site, such as when you contact us through the Site to request information more information about Folium.

Personal Data We Receive Automatically from Your Use of the Site: When you visit, use and interact with the Site, we may receive certain information about your visit, use or interactions. For example, we may monitor the number of people that visit the Site, peak hours of visits, which page(s) are visited, the domains our visitors come from (e.g., google.com, yahoo.com, etc.), and which browsers people use to access the Site (e.g., Chrome, Firefox, Internet Explorer, Safari, etc.), broad geographical information and navigation pattern. In particular, the following information is created and automatically logged in our systems:

Log data: Information that your browser automatically sends whenever you visit the Site (“log data”). Log data includes your Internet Protocol (IP) address, browser type and settings, the date and time of your request, and how you interacted with the Site.

Cookies: Please see the “Cookies” section below to learn more about how we use cookies.

Device information: Includes name of the device, operating system and browser you are using. Information collected may depend on the type of device you use and its settings.

Usage Information: We collect information about how you use our Site, such as the types of content that you view or engage with, the features you use, the actions you take, and the time, frequency and duration of your activities.

Cookies: We use cookies to operate and administer our Site, gather usage data on our Site and improve your experience on it. A “cookie” is a piece of information sent to your browser by a website you visit. Cookies can be stored on your computer for different periods of time. Some cookies expire after a certain amount of time, or upon logging out (session cookies), others survive after your browser is closed until a defined expiration date set in the cookie (as determined by the third party placing it), and help recognize your computer when you open your browser and browse the Internet again (persistent cookies). For more details on cookies please visit All About Cookies.

Analytics: We may use Google Analytics, a web analytics service provided by Google, Inc. (“Analytics”) or similar product by a competitor. Analytics uses cookies to help us analyze how users use the Site and enhance your experience when you use the Site. For more information on how Analytics uses this data, go to www.google.com/policies/privacy/partners/.

Online Tracking [and Do Not Track Signals]: We and our third-party service providers may use cookies or other tracking technologies to collect information about your browsing activities over time and across different websites following your use of the Site. Our Site currently does not respond to “Do Not Track” (“DNT”) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do respond to DNT signals in the future, we will update this Privacy Policy to describe how we do so.

Your Choices. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. Please see the links below for guidance on how to modify your web browser’s settings on the most popular browsers:

Internet Explorer

Mozilla Firefox

Google Chrome

Apple Safari

Please note that if you limit the ability of websites to set cookies, you may be unable to access certain parts of the Site and you may not be able to benefit from the full functionality of the Site.

Advertising networks may collect Personal Data through the use of cookies. Most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit the Network Advertising Initiative’s online resources at http://www.networkadvertising.org and follow the opt-out instructions there.

If you access the Site on your mobile device, you may not be able to control tracking technologies through the settings.

2. HOW WE USE PERSONAL DATA

We may use Personal Data for the following purposes:

To provide the Site

To respond to your inquiries, comments, feedback or questions

To send administrative information to you, for example, information regarding the Service, and changes to our terms, conditions, and policies

To analyze how you interact with our Site

To maintain and improve the content and functionality of the Site

To develop new products and services

To prevent fraud, criminal activity, or misuses of our Site, and to ensure the security of our IT systems, architecture and networks

To comply with legal obligations and legal process and to protect our rights, privacy, safety or property, and/or that of our affiliates, you or other third parties

Aggregated Information. We may aggregate Personal Data and use the aggregated information to analyze the effectiveness of our Site, to improve and add features to our Site, and for other similar purposes. In addition, from time to time, we may analyze the general behavior and characteristics of users of our Site and share aggregated information like general user statistics with prospective business partners. We may collect aggregated information through the Site, through cookies, and through other means described in this Privacy Policy.

3. SHARING AND DISCLOSURE OF PERSONAL DATA

In certain circumstances we may share your Personal Data with third parties without further notice to you, unless required by the law, as set forth below:

Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions, we may share Personal Data with vendors and service providers, including providers of search engine providers, hosting services, cloud service providers and other information technology service providers who assist Folium in the improvement and optimization of the site business. Pursuant to our instructions, these parties will access, process or store Personal Data in the course of performing their duties to us.

Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider, your Personal Data and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction along with other assets.

Marketing Purposes: Subject to Sections 5 and 9 of this Privacy Policy, we may share Personal Data with third parties for marketing purposes.

Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Site, or the public or (v) protect against legal liability.

4. UPDATING YOUR INFORMATION

Please contact us if you need to change or correct your Personal Data.

5. CALIFORNIA AND STATE LAW PRIVACY RIGHTS DISCLOSURES

Certain state laws provide you with the right to opt-out of our disclosure of your information to third parties for their own marketing purposes and/or to the selling of your Personal Data for any compensation. If you wish to opt out of sharing your Personal Data with third parties for their direct marketing purposes or to opt-out of our sharing of your Personal Data with any third parties for any compensation, please email Folium at info@foliumcapital.com and clearly state your request, including your name, mailing address, email address and phone number. Please see the “Your Choices” section of this Privacy Policy for additional information.

6. CHILDREN

Our Service is not directed to children who are under the age of 13. Folium does not knowingly collect Personal Data from children under the age of 13. If you have reason to believe that a child under the age of 13 has provided Personal Data to Folium through the Site, please contact us and we will endeavor to delete that information from our databases.

7. LINKS TO OTHER WEBSITES

The Service may contain links to other websites not operated or controlled by Folium, including social media services (“Third Party Sites”). The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact the Third Party Sites directly for information on their privacy practices and policies.

8. SECURITY

You use the Service at your own risk. We implement commercially reasonable technical, administrative, and organizational measures to protect Personal Data both online and offline from loss, misuse, and unauthorized access, disclosure, alteration or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Site or e- mail. Please keep this in mind when disclosing any Personal Data to Folium via the Internet. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Site or third party websites.

9. YOUR CHOICES

In certain circumstances providing Personal Data is optional. However, if you choose not to provide Personal Data that is needed to use some features of our Services, you may be unable to use those features. You can also contact us to ask us to update or correct your Personal Data.

10. CHANGES TO THE PRIVACY POLICY

The Service and our business may change from time to time. As a result, we may change this Privacy Policy at any time. When we do, we will post an updated version on this page, unless another type of notice is required by the applicable law. By continuing to use our Service or providing us with Personal Data after we have posted an updated Privacy Policy, or notified you by other means if applicable, you consent to the revised Privacy Policy and practices described in it.

CONTACT US

If you have any questions about our Privacy Policy or information practices, please feel free to contact us at info@foliumcapital.com.