5S®

OpticWise Website Legal Disclaimer

The terms and conditions of use set forth herein apply specifically and solely to this website (the “Site”). 

Please refer to separate documentation for the 5S™ User Ultimate Privacy Policy applicable to any & all users on any 5S™ or SIC® Platform.

Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. By using the Site, you acknowledge that you have read these terms and conditions of use and you agree to be bound by them without limitation or qualification. If you do not agree to these terms and conditions of use, you do not have our consent and should exit the Site immediately. OpticWise and their advisory affiliates (collectively, “OpticWise” or “us,” “we” or “our” as the context requires) operate the Site. Every time you use our Site, you are agreeing to the terms and conditions on the Site at that time. If you are using the Site on behalf of a business entity, organization or trust, you are accepting these terms and conditions on your behalf and on behalf of such business entity, organization or trust, collectively “you” in such case.


Ownership of Site and Trademarks/Lawful Use
Unless otherwise expressly noted, all information and materials, including, without limitation, any text, graphics, video, audio, software code, user interface design, logos 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 OpticWise and/or its affiliates and/or their respective owners and is protected by applicable copyrights, trademarks, service marks, and/or other intellectual property rights. Such content is solely for your personal, non-commercial use. Accordingly, you will not copy, reproduce, republish, upload, transmit, modify, post, frame, deep link or distribute in any way the material on or from the Site, including without limitation any text, graphics, video, audio, software code, user interface design or logos. 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 will not distribute, publicly display, modify, transmit, reuse, repost or use any content of or from the Site, including without limitation any text, graphics, video, audio, software code, user interface design and logos, for public or commercial purposes, or for any other purpose or in any other manner not expressly permitted above, without OpticWise’s written permission. You will not remove or obscure any copyright or other notices or legends contained in any such content. Modification or use of the information or materials for any other purpose violates the copyright and/or other intellectual property rights of OpticWise and/or its affiliates, and may violate laws of privacy, publicity and communications, as well as other regulations and statutes. You will not use the Site or material downloaded from the Site in an unlawful manner, for benchmarking or other competitive purposes, or to assist any third party to engage in activity that violates these terms and conditions. Neither OpticWise nor any of its affiliates will treat users of this Site as its clients by virtue of their accessing this Site. All rights granted to you herein by OpticWise are revocable, non-exclusive, non-sublicensable and non-transferable. OpticWise reserves all rights not expressly granted to you in these terms and conditions.

All trademarks, service marks, trade names and logos displayed on the Site are proprietary to OpticWise, its affiliates and/or their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the written permission of OpticWise or such other third party that may own the trademark displayed on the Site. Your use of the trademarks displayed on the Site, except as provided herein, is strictly prohibited.

You agree to defend, indemnify and hold OpticWise and its affiliates harmless from and against any claims whatsoever and of any nature for damages and/or expenses (including without limitation attorneys’ fees) arising from your use of the Site, or materials obtained from the Site, in violation of these terms and conditions.

No Offer of Securities
Nothing contained in the Site constitutes investment, legal or tax advice. Neither the information nor any opinion contained in this Site constitutes a solicitation or offer by OpticWise, any of its affiliates or any fund or other entity managed directly or indirectly by any of the foregoing to buy or sell any securities, futures, options or other financial instruments. Decisions based on information contained in the Site are the sole responsibility of the visitor, and as consideration for access to the Site, you agree to defend, indemnify and hold OpticWise and its affiliates harmless from and against any claims whatsoever and of any nature for damages and/or expenses (including without limitation attorneys’ fees) arising from any decisions that you make based on such information.

No Reliance
While OpticWise uses reasonable efforts to update the information on the Site, OpticWise makes no promises, representations or warranties as to the accuracy, reliability or completeness of any information on the Site. Opinions, advice and any other content on the Site are subject to change without notice or liability.

Material to Be Consulted in Its Entirety
All materials at the Site are meant to be reviewed in their entirety, including without limitation any footnotes, legal disclaimers, restrictions and disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

No Warranty
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OPTICWISE AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OPTICWISE DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAIN ON THE SITE, AND OPTICWISE FURTHER ASSUMES NO RESPONSIBILITY FOR, AND MAKES NO WARRANTIES THAT, FUNCTIONS CONTAINED AT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OPTICWISE SHALL NOT BE LIABLE FOR ANY DAMAGES TO, VIRUSES THAT MAY INFECT, OR SERVICES, REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED, ON YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESSING OR USE OF THE SITE OR DOWNLOADING OF MATERIAL AVAILABLE ON THE SITE. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability
To the fullest extent permitted by applicable law, OpticWise and its affiliates expressly disclaim any and all liability whatsoever for error and omission in any information or materials, and for any use or interpretation by others of any information or materials, contained in or accessible through the Site.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL OPTICWISE OR ANY OF ITS AFFILIATES BE LIABLE IN ANY RESPECT WHATSOEVER FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFIT, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE MATERIAL CONTAINED IN, OR ACCESSED OR LINKED TO THROUGH, THIS WEBSITE, OR A TRANSMISSION TO OR FROM THIS WEBSITE, EVEN IF OPTICWISE, ITS AFFILIATE OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OPTICWISE’ TOTAL LIABILITY FOR ANY AND ALL DAMAGES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE USE OF THIS WEBSITE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Certain laws do not allow limitations of implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Global Dealing Restrictions
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 OpticWise from its offices within the State of Colorado, United States of America. Neither OpticWise nor any of its affiliates makes any representation that materials in or accessible through the Site are appropriate or available for use in other locations or that access to them where the visitor is located is not illegal and prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable. You will not use or export the information or materials provided in or accessible through the Site in violation of U.S. export laws and regulations. The information provided in or accessible through the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject OpticWise and/or its affiliates to any registration or other requirement within such jurisdiction or country.

SEC Materials
Certain information provided through this Site has been filed with the SEC (such materials being referred to as “SEC Materials”). The SEC Materials and other public disclosures contained in or accessible through this Site may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Forward-looking statements are typically identified by words or phrases such as likely, believe, expect, anticipate, intend, estimate, position and variations of such words and similar expressions, or future or conditional verbs such as will, would, should, could, may or similar expressions. These forward-looking statements are subject to numerous assumptions, risks and uncertainties, all of which will or may change over time or may be incorrect, and neither OpticWise nor any of its affiliates assumes any duty to update or correct any forward-looking statements contained in or accessible through the Site. Actual results could differ materially from those anticipated in these forward-looking statements, and future results could differ materially from historic performance.

The following factors, among others, could cause actual results to differ materially from any forward-looking statements or historic performance: fluctuations in U.S. and non-U.S. real estate markets; the impact of increased competition; our ability to attract and retain key personnel; the performance of the funds or properties we manage; our ability to sustain and manage growth; the impact of legal or regulatory proceedings; our ability to manage conflicts of interest; employee misconduct; fluctuations in our revenue and profitability; the introduction, withdrawal, success and timing of business initiatives and strategies; economic conditions; changes in interest rates and financial and capital markets; competitive conditions; subjectivity in valuation methodologies; non-U.S. exchange, political, social and economic uncertainties and risks; terrorist activities and international hostilities; adverse tax treatment; and the impact, extent and timing of technological changes and legislative and regulatory actions and reforms.

Links to and from Other Websites and Services
OpticWise and its affiliates do not review or monitor any websites linked to or from the Site and none of them is or will be responsible for the content of any such linked websites. Your following links to or from such websites is at your sole risk. Accordingly, neither OpticWise nor any of its affiliates can be held responsible for the information, materials, products or services obtained on or from such other websites, nor will any of them be liable in any respect whatsoever for any damages arising from your access to such websites. Any links to or from other websites are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply an endorsement, representation or warranty by OpticWise or any of its affiliates with respect to any such linked websites or the content, products or services contained or accessible through, or the operators of, such websites. In addition, you agree not to link any of your websites or any third-party website to the Site without the express prior written consent of OpticWise. OpticWise reserves the right, at any time, for any reason not prohibited by law, to deny permission to anyone to link a website to or from the Site.

Transmissions to and from the Site
Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the www.OpticWise.com domain name or made via the Site may not be secure. Communications to OpticWise, particularly those containing confidential information, should be sent by mail to: OpticWise, 730 Kalamath Street, Denver, CO 80204. If you provide us with your contact information, you authorize us to send you email notifications and solicitations until you indicate otherwise. OpticWise and its affiliates will be free to use, for any purpose, without any compensation due or payable to you or obligation of confidentiality to you, any ideas, concepts, know-how or techniques provided by a Site user to OpticWise through the Site (“Submissions”). You represent and warrant that you own the Submissions and you agree to defend, indemnify and hold OpticWise and its affiliates harmless from and against any claims whatsoever and of any nature for damages and/or expenses (including without limitation attorneys’ fees) arising from OpticWise’ or its affiliates’ use of the Submission.

Waiver
No waiver by OpticWise or any of its affiliates of any right under or term or provision of these terms and conditions will be deemed a waiver of any other right, term or provision of these terms and conditions at that time or a waiver of that or any other right, term or provision of these terms and conditions at any other time. OpticWise’s failure to exercise a right or remedy will not constitute a waiver of such right or remedy. A waiver will bind OpticWise only if made in writing by an authorized OpticWise representative.

Termination
OpticWise may terminate your access to the Site for any reason and without prior notice. These terms and conditions are effective until terminated by OpticWise, provided that you may terminate these terms and conditions at any time only by destroying all information and materials obtained by you or on your behalf from the Site and all related documentation and all copies and installations thereof, whether made under these terms and conditions or otherwise. Such termination by you will not be effective if OpticWise, in its sole discretion and without notice to you or otherwise, determines that you have failed to comply with any term or provision of these terms and conditions. Upon any termination of these terms and conditions, you must destroy all information and materials obtained by you or on your behalf from the Site and all copies and installations thereof, whether made under the terms of these terms and conditions or otherwise.

Severability
In the event any of the terms or other provisions of these terms and conditions shall be held to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Entire Agreement; Assignment
These terms and conditions represent the entire agreement between OpticWise and its affiliates, on the one hand, and you, on the other, relating to the subject matter hereof, and supersede all previous agreements regarding such subject matter. No oral promise, representation or warranty by a representative of OpticWise or its affiliate that modifies or supplements these terms and conditions will bind OpticWise or its affiliate. You will not assign or delegate any right or duties under these terms and conditions. You agree that any agreements made by and between you and OpticWise in electronic form are as legally binding as if made in physical written form.

Disputes, Governing Law and Consent to Jurisdiction
THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO. YOU AGREE THAT ANY DISPUTE OR ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR YOUR USE OF THE SITE SHALL BE COMMENCED ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN DENVER COUNTY, COLORADO, AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF ANY SUCH DISPUTE OR ACTION. YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO SERVE AS A REPRESENTATIVE OR AS A PRIVATE ATTORNEY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT OR OTHER PROCEEDING FILED AGAINST US.

You agree that your breach of these terms and conditions may result in irreparable harm to OpticWise which cannot be compensated by money damages, and that OpticWise shall be entitled to obtain injunctive relief for any such breach without the need to prove actual damages or provide a bond or similar security.

Last updated: August 2020
[1] Registration with the SEC does not imply a certain level of skill or training.

Privacy Policy
This Privacy Policy describes and governs the information collection, use, and sharing practices of OpticWise, , (“OpticWise,” “we,” “us,” and “our”) with respect to OpticWise’ website (the “Online Service”). By using our site, you agree to be bound by the terms of this privacy policy.

Effective Date
August 27, 2020

Information We Collect and How We Collect It

Personal Information
“Personal Information” is nonpublic information about you that we obtain in connection with providing you with a financial product or service for your personal, family, or household purposes.

We currently do not collect Personal Information about you while using the Online Service unless you provide that information to us through the use of the “Inquiry” feature of the site. Our use of information provided to us through the “Inquiry” feature will be limited to contacting you unless you later allow us to use that information otherwise.

Collected Information
When we use the term “Collected Information” we mean information other than Personal Information that we (either directly or through our service providers) collect whenever you visit the Online Service or otherwise interact with us online.

For example, when you visit our website our systems, or those of our service providers, may automatically recognize the date and time of visits, the type of browser you use, the type of device you are using to visit our website, time spent on our web pages, and other limited data that we collect automatically.

Geolocation
OpticWise only collects country level location data when you visit our website, e.g., we collect information about what country you are visiting the website from but not what city or what street address.

We use your information:
for administrative purposes,
to improve our services,
to contact you if you request such contact, and
for internal business purposes.

How We Share the Information We Collect:

Our Service Providers
We share collected information with certain third-party service providers, such as Google Analytics, to:
operate the Online Service,
provide general statistics regarding the use of the Online Service,
analyze and develop our business strategy,
help improve our Online Service, and
for other limited purposes.
Law Enforcement and Legal Process
We may report to law enforcement agencies any activities that we believe to be unlawful. We may also report any activities that we believe may aid a law enforcement investigation into unlawful activity. We reserve the right to release your information obtained through the Online Service to law enforcement agencies if we determine, in our sole judgment, that the release of your information may protect the rights, property, or safety of OpticWise or another person.

Sharing Your Information as Permitted by Law
We may share your information collected through the Online Service with others as required by law. We may also share your information with others as permitted by law. This may include sharing your information with government entities or third-parties in response to subpoenas, court orders, and other legal process. We may also share your information if we believe it is necessary to exercise our legal rights, to defend against legal claims that have been brought against us, or to defend against possible legal claims that we determine might be brought against us.

Business Transition
As we continue to develop our business, we may buy, merge or partner with other companies. If a portion or all of OpticWise’s assets are sold or transferred to a third-party, customer information collected through the Online Service would likely be one of the transferred business assets.

How We Secure Information
We take reasonable and appropriate measures to help keep information secure and to help prevent it from becoming disclosed to individuals who are not described in this policy. Even though we follow reasonable procedures to try to protect the information in our possession, no security system is perfect, and we cannot guaranty, and you should not expect, that your information will be secure in all circumstances.

How We Communicate With You
If you have any questions about our privacy policy, you can contact us by emailing us at bmoore@PortmanteauIberia.com. If we need, or are required, to contact you concerning any event that involves your information, you agree that we may do so by email, telephone, or mail.

Your California Privacy Rights
We do not collect personal information through the Online Service for third parties’ marketing purposes.
Miscellaneous
Do Not Track Signals
Some web browsers and devices allow you to broadcast a preference that your activities online not be “tracked”. At this time, the Online Service do not take action in response to “do not track” signals.

Children
We do not provide products and services to children. We do not knowingly collect or solicit information from children under the age of 18.

Changes to the Privacy Policy
We reserve the right to modify or amend this policy at any time by posting the revised privacy policy on our Online Service. Material changes will only affect the information we collect after the effective date of the change to our privacy policy unless we clearly express otherwise.

Contact Us
If you have any questions about this Privacy Statement or any other issue with our Online Service, you may contact us at: bill.douglas@opticwise.com