Terms of Use

General

Thank you for visiting the website of (312) Investments LLC and its affiliates (together, “(312)”, “we”, “us” or “our”). By accessing and using this website, you accept and agree to be bound by these Terms of Use. You should read these Terms of Use carefully. If you do not accept and agree to be bound by these Terms of Use, do not access or use this website. (312) may update or modify this website, including these Terms of Use, at any time and your continued access or use of this website after any such update or modification will constitute your acceptance of and agreement to be bound by the updated or modified Terms of Use. (312) may, at its discretion, discontinue any of the content of this website, or any portion thereof, with or without notice.

No Offer or Advice

This website, including information regarding (312)'s current and historical portfolio companies, is for general, informational purposes only. This website does not constitute an offer to sell or buy any securities, services or products and may not be relied upon in connection with any offer or sale of securities. An offer or solicitation will be made only through a final private placement memorandum, subscription agreement and other related documents with respect to a particular investment opportunity and will be subject to the terms and conditions contained in such documents, including the qualifications necessary to become an investor. This website is not to be used or relied upon for any investment purpose whatsoever. Nothing on the website is to be deemed a recommendation that you buy, sell or hold any security or other investment or that you pursue any investment style or strategy.

Past Performance

This website includes certain information regarding (312)'s current and historical portfolio companies. Any performance data or comments expressed on this website are an indication of past performance. Past performance is not a guarantee of future results and there can be no assurance that any present or future investment will or is likely to achieve comparable results to those achieved in the past, or that significant losses will be avoided.

Portfolio companies described in this website and testimonial videos do not purport to represent all portfolio company investments made by (312). 

No Warranties

We have compiled this site in good faith and while we use reasonable efforts to include accurate and relevant information on this site, the site is provided on an “as is” basis with no warranties of any kind. We do not warrant that the information on the site is accurate, reliable, up-to-date or correct, that this site will be available at any particular time or location, or that this site is free of viruses or other harmful components. Your use of this site and use or reliance upon any of the materials on it is solely at your own risk.

Ownership; Intellectual Property

All content on this website, such as documents, charts, graphics and other materials, is the property of (312) or others and is protected by copyright and other laws. The (312) trademarks (whether registered or unregistered), service marks, images, logos and copyrighted material used and displayed on this website, are the property of (312). Other trademarks, service marks, images and logos may be owned by other parties, who may or may not be affiliated with (312). Nothing on this website shall be interpreted as granting, by implication, estoppel or otherwise, any license or right to use any content on this website without the written permission of (312) or such other third party that may own such content. All rights not expressly granted are reserved.

Restrictions on Use

This website may only be used for lawful purposes and in a lawful manner. Our prior permission is required for any commercial use of materials on this site. You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of this website. You may not publish, broadcast, retransmit, reproduce, repackage, commercially exploit, create any derivative of or otherwise redistribute all or any portion of this website except as explicitly permitted by these terms of use. Any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

You agree to comply with all applicable laws, statutes and regulations in connection with accessing and using this site. The permission to use this site granted by this terms of use automatically terminates if you breach any of the terms and conditions contained herein.

Limitation of Liability

(312), its affiliates and their respective officers, directors, managers, partners, members, shareholders, employees, affiliates and agents are not responsible for any damages or injury, including but not limited to special, indirect, incidental or consequential damages, that result from your use of (or inability to use) this website, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure, or other computer malfunction. You understand and agree that your use of this website is predicated upon your waiver of any right to sue us or our affiliates or any of our or their respective officers, directors, managers, partners, members, shareholders, employees, affiliates and agents directly or to participate in a suit for any losses or damages resulting from your use of this site.

Linked Site

This website may provide links to websites operated by other entities. In addition, third-party sites may be linked to this website, with or without (312)'s consent. (312) does not review or monitor any websites linked from or to this website and is not responsible for the content of any such websites. Accordingly, (312) cannot be held responsible for the information, materials, products or services obtained on or from such other websites, nor will (312) be liable for any damages arising from access to such websites. Any links from or to other websites are provided merely for the convenience of users of this website and the inclusion of these links does not imply an endorsement, representation or warranty by (312) with respect to any such linked websites or the content, products or services contained or accessible through such websites or their operators. We encourage you to review the privacy policies and user agreements of all other websites that you visit as such policies and agreements will govern your use of those websites.

Governing Law

These Terms of Use are governed by the laws of the State of Illinois. Any dispute relating to these Terms of Use shall be brought solely in the state or federal courts located in Chicago, Illinois, and you agree that such courts shall have jurisdiction over you in connection with any such dispute. You must commence any cause of action you may have with respect to your use of this website within one year after the claim or cause of action arises or such claim or cause of action will be deemed to have been waived. If any provision of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. The failure of (312) to enforce the strict performance of any provision of these Terms of Use shall not be a waiver by Arbor of its right to subsequently enforce such provision or any other provision or provisions of these Terms of Use.

Privacy Policy

The Information We Collect and How We Use It

We may collect various types of information from users of this website. For example, knowing how users use our website – tracking their movement through this website – helps us improve website design and usefulness. As a result, (312)'s server collects general data pertaining to users, including the length of time spent on this website, the pages accessed while visiting the website and Internet Protocol (“IP”) addresses. (312) generally does not, however, collect any personally identifiable information such as names, home addresses or e-mail addresses from users of this website.

Cookies

Information regarding how you access this website (e.g., browser type, access times and IP address) and your hardware and software is automatically collected through the use of cookies (a small text file placed on your hard drive) or other technologies or tools. This information is used to improve website performance and for our business purposes. Where cookies are not necessary for us to provide the products or services you have requested or for the functioning of this website, we will ask you to consent to their use. You may opt-in to accept cookies automatically by changing the settings on your browser. If you opt-out of certain cookies, you may not be able to access certain parts of this website. You may wish to visit www.aboutcookies.org, which contains comprehensive information about types of cookies, how they are used and how you manage your cookie preferences.

Notification of Changes

We reserve the right to amend this Privacy Policy from time to time and for any reason, in our sole discretion, without notice, by updating this Privacy Policy. Accordingly, users are strongly encouraged to review this Privacy Policy regularly. If we decide to change this Privacy Policy, we will post those changes so our users are always aware of what information we collect, how we use it and under what circumstances, if any, we disclose it. If at any point we decide to collect personal information or use any collected information in a manner different from that stated at the time it was collected, we will notify users by posting changes on this page. We will use information only in accordance with the version of this Privacy Policy under which the information was collected. Your continued access or use of this website following the posting of changes to this Privacy Policy constitutes your acceptance of, and agreement to be bound by, such revisions, changes and/or amendments. If you object to any of the changes to this Privacy Policy, please stop accessing this website. Please check this page frequently and review any changes to this Privacy Policy carefully so you are aware of any changes, as they are binding on you.

California Website Privacy Policy

This California Website Privacy Policy supplements the Website Privacy Policy with respect to specific rights granted under the California Consumer Privacy Act of 2018 (as amended, the “CCPA”) to natural person California residents and provides information regarding how such California residents can exercise their rights under the CCPA. This supplement is only relevant to you if you are a resident of California as determined in accordance with the CCPA. Information required to be disclosed to California residents under the CCPA regarding the collection of their personal information that is not set forth in this CCPA supplement is otherwise set forth in the Website Privacy Policy. To the extent there is any conflict with the privacy requirements under the Gramm-Leach-Bliley Act and/or Regulation S-P (“GLB Rights”), GLB Rights shall apply.

This Website Privacy Policy applies solely to your interactions with us through our Website. 

Information Collected

We collect limited types of personal information through our website, as well as through other electronic communications (e.g., emails), as applicable (collectively, the “Website”). The types of personal information we collect about you depends on the nature of your interaction with us. The categories of personal information we have collected from individuals on this Website over the last twelve (12) months include the following:

- Internet or other electronic network activity information, such as information regarding your use of our Website (e.g., cookies, browsing history and/or search history), as well as information you provide to us when you correspond with us in relation to inquiries.

 

In connection with forming and operating our Website, we collect and maintain your nonpublic personal information from the following sources:

- Information captured on our Website, including registration information, information provided through online forms and any information captured via cookies.

We may combine personal information that you provide to us with information that we collect from or about you from publicly available sources. This will include information collected in an online or offline context.

Use of Information

We will use your personal information for one or more of the following business purposes:

- To improve our Website and the products and services that we offer and notify you about changes to our products and services.

- To detect security incidents and to protect against malicious, deceptive, fraudulent, or illegal activity.

- To generally comply with U.S., state, local and non-U.S. laws, rules and regulations.

We do not sell any of the personal information we collect about you to third parties. 

We do not disclose any nonpublic personal information about you to anyone, except as permitted or required by law or regulation and to affiliates and service providers, including but not limited to administrators, lenders, banks, auditors, law firms, governmental agencies or pursuant to legal process, self-regulatory organizations, consultants and placement agents. We may also disclose your information to other parties as may be required by law or regulation, or in response to regulatory inquiries.

We may also share your personal information with applicable third parties in the event of a reorganization, merger, sale, acquisition, assignment, bankruptcy proceeding, or other disposition of all or a portion of our business, assets or shares.

Keeping Information Secure

We consider the protection of sensitive information to be a sound business practice, and to that end we employ appropriate organizational, physical, technical and procedural safeguards, which seek to protect your personal information in our possession or under our control to the extent possible from unauthorized access and improper use.

Rights Under the CCPA

Deletion Rights: You have the right to request that we delete any of your personal information that we retain, subject to certain statutory exceptions, including, but not limited to, our compliance with U.S., state, local and non-U.S. laws, rules and regulations. We will notify you in writing if we cannot comply with a specific request and provide an explanation of the reasons.

Disclosure and Access Rights: You have the right to request that we disclose to you certain information regarding our collection and use of personal information specific to you over the last twelve (12) months. Such information includes:

- the categories of personal information we collected about you;

the categories of sources from which the personal information is collected;

- our business or commercial purpose for collecting such personal information;

- the categories of third parties with whom we share the personal information;

- the specific pieces of personal information we have collected about you; and

- whether we disclosed your personal information to a third party, and, if yes, the categories of personal information that each recipient obtained.

No Discrimination: We will not discriminate against you for exercising your rights under the CCPA, including by denying service, suggesting that you will receive, or charging, different rates for services or suggesting that you will receive, or providing, a different level or quality of service to you.

How to Exercise Your Rights: To exercise any of your rights under the CCPA, or to access this notice in an alternative format, please submit a request on your behalf using any of the methods set forth in the Contact us section below.

Contact Us

For any requests relating to the exercise of your rights under the CCPA, or questions regarding our processing of your personal information, please submit or have your authorized representative submit a request using any of the methods set forth below: 

Call us at (312) 725-4338 between 10 A.M and 5 P.M Central Time. 

Email us at the following email address: jim@312investments.com