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Legal Terms and Conditions

Last Revised August 1, 2024

This website, including the services we offer to you (the “user”) through this website is operated by Easterly Asset Management L.P. (“Easterly”). The distribution of information on the website may be restricted by local law or regulation in certain locations. This information is not intended for access, or use by, any person or entity in any location outside of the United States or where such products and services are not allowable by local law; persons accessing these pages should inform themselves about and observe any restrictions which apply in the location in which they are located.

If you wish to access and use this website, you must accept and agree to be bound by and comply with these Legal Terms and Conditions of use (the “Legal Terms”), which apply to all parts of the Easterly website. If you do not agree to these Legal Terms, then you must refrain from accessing or using the website. All Legal Terms will apply irrespective of the specific use made by internet users of this website. Your use of this website constitutes your acceptance of these Legal Terms.

Introduction

This website is for information purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any security or investment or advisory service, or a recommendation of any such security or service, that may be referenced on or through this website. No representation is given that the securities, funds, or services discussed on, or accessible through, this website are suitable for any particular investor. You acknowledge that the provision of any information through this website shall not constitute or be considered investment advice. This website should not be considered as communicating any invitation or inducement to engage in investment activity in any jurisdiction.

General terms and conditions of using this website:

No funds or services described herein are offered or will be sold in any jurisdiction in which such an offer or sale would be unlawful under the laws of such jurisdiction. No such fund or service is offered or will be sold in any jurisdiction in which registration, licensing, qualification, filing or notification would be required unless such registration, license, qualification, filing, or notification has been effected.

The institutional and advisor sections of the Easterly website are for use by institutional investors, investment professionals, financial advisers and consultants only. Any individual who is not one of the aforementioned investor types should not access this website. Information on this site is not intended for investors in any jurisdiction in which the offer of a fund or service referenced is not authorized.

This website is not directed at children, is not intended to market any product or service to children and does not seek to solicit or obtain personal information from children.

This website may also cover information on certain institutional asset managers, strategic partners, and distributors or placement agents that are part of or affiliated with the Easterly group of companies. The funds and services referred to on this website may be offered by one or more of the following firms that are affiliated with Easterly as described below (listed by location in alphabetical order):

No warranty is made with respect to the information contained on this website. Easterly believes that the information contained in this site is accurate at the date of publication, but does not guarantee the accuracy, completeness, currency, or authenticity of any site content. Any opinions expressed are those of the author(s) and are subject to change without notice. Our investment teams may hold different views and make different investment decisions. These opinions may not necessarily reflect the views of Easterly or its affiliates.

Nothing contained within this website should be construed as investment, financial, accounting, retirement planning, securities, tax, or legal advice, and you agree that this website will not be used by you for these purposes. The website does not contain any advice as to the advisability of investing in, purchasing, or selling securities, funds, or services. Decisions based on information contained on this website are the sole responsibility of the user. The information contained on this website is not an offer to sell or a solicitation of an offer to buy any security or any fund or service.

This website contains forward-looking statements. You can identify these forward-looking statements using words such as “outlook,” “believe,” “expect,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “intend,” “will,” “plan,” “estimate,” “anticipate”, or the negative version of these words or other comparable words. Forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. We undertake no obligation to publicly update or review any forward-looking statement, whether because of new information, future developments or otherwise.

An investment in any fund or strategy described herein may not be suitable for all investors. Investment in any funds or strategies described in this website should only be made based on the relevant offering documents and/or investment policy statements and applicable terms and conditions. By making available information on the website, Easterly does not represent that any fund or product is available or suitable for any particular user. All persons and entities accessing the website do so on their own initiative and are responsible for compliance with applicable local laws and regulations. Access to the website from countries or territories where such access is illegal is prohibited. Easterly makes no representations that the transactions, products, or services discussed on or accessible through the website are available or appropriate for sale or use in all jurisdictions or by all users.

Certain clients may access account information, including transactions, through this site. Account information is unaudited unless noted otherwise and may be based on estimates. Do not make any investment decisions based on such information as it is subject to change.

Past performance is no guarantee of future returns. No representation is made that any investment or transaction will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. The investment return and principal value of an investment may fluctuate, and the price of any units or shares of any fund described herein can fall as well as rise and you may not get back the amount originally invested. Investments in an Easterly product or client account are not deposits or obligations of, or guaranteed or endorsed by, any bank, and are not federally insured or guaranteed by the U.S. government, the Federal Deposit Insurance Corporation, the Federal Reserve Board or any other agency.

You must read any relevant offering document(s) and/or investment policy statement for any fund or strategy for all the relevant risk factors pertaining to your investment. You are responsible for ensuring that you are appropriately informed about any securities, taxation or other legislation or law that could affect your decision to invest in any fund or strategy described herein.

Through this website, you may have access to market data such as news reports, third-party analyst reports, research, last sale transaction data, securities price quotations, and other information relating to securities and the securities markets (“Market Data”). Easterly may obtain this Market Data from third parties who are independent of Easterly. Even though the sources of the Market Data provided on this website are believed to be reliable Easterly is not responsible for, and makes no warranty with respect to the contents, accuracy, completeness, timeliness, suitability, or reliability of the Market Data.

The Market Data is provided “as is” and on an “as available” basis. Easterly will not be responsible for lost profits, trading losses, or any other damages resulting from inaccurate, defective, or unavailable Market Data or other information. Easterly is not obligated to update or to continue to offer Market Data or other information accessible through this website.

Important information about liability

You agree that your use of the website and content available on or through the website shall be on an “as is” and an “as available” basis. Easterly specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. Easterly makes no warranty or representation that the website, including the location-specific sections (A) will be secure or available at any particular time or location, (B) any defects or errors will be corrected, (C) are free of viruses or other harmful components, (D) will meet your requirements, or (E) operation of the website will be uninterrupted or error free. Any oral or written advice provided by Easterly or its authorized agents does not and will not create any warranty. Certain locations do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

You agree to indemnify all Easterly entities (including their parent companies, and affiliated or associated companies) and their officers, directors, employees and agents in respect of any third-party claim, including reasonable attorneys’ fees, for any injury, loss, damage, or expense occasioned by or arising directly or indirectly from the operation, use, or supply of information to a third party provided in breach of any of your obligations under these Legal Terms and Conditions.

If you transmit any communication through this website to Easterly directly or through any third-party internet or other service provider, you shall be responsible and liable for any omissions or failures that may be made while transmitting or receiving communications using this website. This website is not designed for the transmission of time sensitive instructions — this means that if you use this website to transmit time sensitive instructions, you will be responsible and liable for any loss that may arise, and you transmit such time sensitive information at your own risk.

You agree that neither Easterly, nor any officer, affiliate, manager, member, director, agent or employee of Easterly, or any Easterly affiliate, will be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential damages, including but not limited to, loss of profits, loss of earnings, loss of business opportunities, loss of data, damages, expense, or costs resulting directly or indirectly from, or otherwise arising in connection with, the use or inability to use the website by you or any third party, including without limitation any of the following:

A. Reliance. Damages resulting from or arising from any reliance on the website or any content on the website, or the mistakes, omissions, interruptions, errors, defects, delays in operation, non-deliveries, mis-deliveries, transmissions, eavesdropping by third parties, or any failure of performance of the website or any content.

B. Infringement, etc. Any allegation, claim, suit, or other proceeding based upon a contention that the use of the website by any user or a third party infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other intellectual property rights or contractual rights of any third party.

C. Force Majeure. Any delay or failure of Easterly to perform due to government restriction, strikes, war, any natural disaster or any other condition beyond Easterly’s control.

Intellectual property; hyperlinks to third-party websites

Subject to your agreement to, compliance with, and satisfaction of these Legal Terms and Conditions, Easterly will make the website available to you in accordance with these Legal Terms and Conditions. Unless otherwise indicated, Easterly or its affiliates own the copyright and any other intellectual property rights subsisting anywhere in the world to this website and all information on this website. You may not copy, reproduce, duplicate, modify, adopt or lend, sell, disseminate or otherwise transfer, in whole or in part, any portion of this website or any of the information contained in this website, except for the purpose of accessing the website and producing print-outs for your own personal use, or making a reasonable number of copies of such pages for internal use within your organization in accordance with these Legal Terms and Conditions. Users shall not remove, alter, or obscure any copyright, trademark, trade secret or other proprietary rights notices appearing in or on the website, and shall reproduce all such notices on any copies of content made by or on behalf of users.

We do not recommend or endorse and accept no responsibility for the content of any website not operated by us which you may visit by following a link from this website. You acknowledge and agree that Easterly is not responsible for the availability of such third-party sites or resources, and do not endorse, approve, investigate or verify, and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further agree that Easterly shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, or services available on such external sites or resources. These links are provided as a convenience and solely for informational purposes. Easterly is not making any recommendation to invest in, purchase, or sell any securities or other products or services issued by the companies with the linked sites, nor has Easterly sought to verify or confirm the information contained in the linked sites. Accordingly, Easterly disclaims any responsibility for the linked sites.

No other website, without the prior written permission of Easterly, is authorized to link to any part of this website.

Names, phrases, logos, icons, graphics, images or designs, including the design marks above, used throughout the website may be trade names, registered or unregistered trademarks or services marks (“Trademarks”).

Any retransmission or alteration of Trademarks or other form of unauthorized copying may be a violation of the law and such users may be subject to legal action.

Prohibitions

You agree that you will not (and you agree not to encourage or allow any third party to):

  • license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any portion of the website in any way;
  • copy, modify, adapt, alter, translate, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the website is based;
  • use the website to develop a competing website or product;
  • use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of the website, servers, or networks connected to the website or take any other action that interferes with any other person’s use of the website;
  • decrypt, transfer, or “frame” or “mirror” the website on any other server or wireless or Internet-based device;
  • circumvent or attempt to circumvent any electronic protection measures in place to regulate or control access to the website;
  • use the website for unlawful purposes;
  • use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the website;
  • access or attempt to access another person’s account;
  • use any information on the website in any manner that misappropriates any trade secret or infringes a party’s intellectual property rights;
  • delete, modify, hack, or attempt to change or alter the website; or
  • permit or assist any third party to do any of the foregoing.

Copyright

The Online Copyright Infringement Liability Limitation Act (OCILLA), a portion of the Digital Millennium Copyright Act known as DMCA Section 512, is a U.S. federal law that provides a safe harbor to online service providers that promptly take down content if someone alleges it infringes their copyright. In accordance with this Act, Easterly has implemented procedures for receiving written notification of claimed infringements and for processing such claims.

If you believe that your work has been copied on this website in a way that constitutes copyright infringement, please contact our Copyright Agent listed below, who is designated pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), with the following information:

  1. Your address, telephone number, and/or email address;
  2. Identification of the allegedly infringing material that is to be removed or disabled, and information reasonably sufficient to permit us to locate the material (including, if possible, a link to the material);
  3. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  6. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Easterly’s Agent for Notice of claims of copyright infringement can be reached as follows:

Copyright Agent:

Kenneth Juster
Easterly Asset Management L.P.
138 Conant Street, Suite 100
Beverly, MA 01915
Phone: 888-814-8180*
Email: kjuster@easterlyam.com*

This email and phone number are for use only for communications relating to DMCA notices. For inquiries or communications on other topics, please find appropriate contact information at compliance@easterlyam.com.

Mobile Devices

You are responsible for the software, hardware, and Internet service needed to access and use the website. If you access and use the website on your smartphone, tablet, or other mobile device (“Mobile Device”), you are solely responsible for any and all data and other fees related to your access and use of the website through your Mobile Device.

Availability

We do not guarantee availability of the website at all times of the day. We may from time to time perform upgrades, updates or otherwise make the website or certain functionality of the website unavailable. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing any or all of the website at any time and without notice.

Termination

We may immediately suspend or terminate your access to the website without notice if we believe you have violated any part of these Legal Terms and Conditions.

Changes to content within the website

We reserve the right, in our sole discretion, to change, modify, add, or remove portions of these Legal Terms and Conditions at any time without notice to website users. Similarly, we reserve the right, without notice, in our sole discretion at any time, to change, modify, add, or remove the content of this website, including the location-specific sections, to terminate the website in whole or in part or to terminate your ability to access and use this website.

We may update these Legal Terms from time to time without prior or concurrent notice to you. Changes will be effective immediately but will not apply retroactively. You are responsible for periodically checking these Legal Terms for changes. If we make changes to these Legal Terms that materially affect your rights, we will use commercially reasonable efforts to provide additional notice to you, such as by email or through the website.

Privacy

As part of our general business activity, we may collect your name, work contact details and details of the position you hold in your professional capacity. We may also collect information about you or individuals you represent, e.g., directors, officers and other key management personnel. For further information, please reference our Privacy Policy.

Easterly complies with data protection regulations in jurisdictions where we do business.

General

In the event that any provision of these Legal Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of these Legal Terms. Easterly and user authorize a court or arbitrator to replace such an invalid, unenforceable, or void provision with a valid provision which is as similar as possible in substance to the invalid, unenforceable or void provision. Easterly’s failure to act with respect to a breach by user or others does not waive their right to act with respect to subsequent or similar breaches.

These Legal Terms and any modifications hereto constitute the entire agreement between the parties regarding the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Legal Terms shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint ventures or partners for any purpose.

Governing Law

The laws of the Commonwealth of Massachusetts and the federal laws of the United States applicable therein shall govern as to the interpretation, validity, and effect of this agreement and any use of the website, other than the location-specific portions of the website, which shall be governed as indicated therein. You hereby consent and submit to the non-exclusive jurisdiction of the state and federal courts of Massachusetts in any action or proceeding instituted under or related to this agreement or your use of the website. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules, and regulations of Massachusetts shall govern. If any part of these Legal Terms and Conditions is or becomes unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

This website is operated by Easterly Asset Management L.P.. The institutional and advisor sections of this website are only intended for the information of intermediaries and institutional investors resident in the United States in which Easterly products and services may be sold, unless otherwise stated, and are not suitable for individual investors. If you are an individual investor reading these legal terms on either of those sections, please return to the retail funds website immediately.

General Inquiries about this website and the Legal Terms should be directed to: marketing@easterlyam.com.

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