Terms of Use - FLI Investors
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Helping clients nationwide for over 40 years
Client Portal
Helping clients nationwide for over 40 years
Client Portal

Terms of Use

1. Defined Terms

For purposes hereof:  

  • The term “Affiliates” means certain companies that use the names “FLI”, “First Long Island”, and derivations thereof.  Such companies include those that own, are owned by, or are under common control with, FLI, and private investment partnerships for which FLI or an FLI Affiliate acts as general partner, sponsor, manager, or management company.
  • The term “FLI” means First Long Island Investors, LLC.
  • The term “Fund” means any privately offered investment fund sponsored or managed by FLI, its Affiliates, or its Related Parties.
  • The term “Related Parties” means, collectively, the officers, directors, employees, members, principals, investors, and agents of each of FLI and its various Affiliates.
  • The term “Site” means this website (www.fliinvestors.com).
  • The term “Terms of Use” means the terms and conditions pertaining to the use of this Site, as set forth herein.

2. Generally

By accessing this Site via any media or electronic device, including cell phones and other internet-connected devices, you accept the following Terms of Use in their entirety and without modification. 

FLI may at any time revise these Terms of Use without notice at any time.  Any such change to these Terms of Use shall be effective upon posting to the Site, and apply to all access to and use of the Site thereafter.  You are bound by any such revisions and, accordingly, you should periodically visit this page to review the then-current Terms of Use to which you are bound.

3. No Offer of Securities; No Advice or Client Relationship

This Site is for general informational purposes only.  Under no circumstances should any of the materials referenced herein be used for or constitute an offer to sell or a solicitation of an offer to buy any security or financial instrument, including any beneficial ownership interest in a Fund.  Any such offer of, or solicitation to purchase, an interest in a Fund will be made only by means of confidential offering materials in jurisdictions where such an offer would be lawful, and only to investors who meet the suitability and sophistication requirements of each such Fund as determined from time to time by FLI in its sole discretion.  You acknowledge that participation in investment funds is speculative in nature, involves a high degree of risk, and is intended only for experienced and sophisticated investors.

Nothing contained on this Site is intended to be or should be construed as legal, tax, investment, regulatory, accounting, or similar advice, and nothing on this Site should be construed as a recommendation, by FLI, its Affiliates, or any of their Related Parties, or any third party, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction.  You should consult your own investment, legal, tax, or similar professionals regarding your specific situation.  Your use of this Site does not establish an investment advisory or client relationship with FLI.

4. No Warranties

YOUR USE OF THE SITE IS AT YOUR OWN RISK.

FLI, ITS AFFILIATES, AND EACH OF THEIR RELATED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, REGARDING THIS SITE AND/OR THE ACCURACY, ADEQUACY, RELIABILITY, TIMELINESS, COMPLETENESS, SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THE SITE.  THIS SITE AND ALL SUCH INFORMATION AND MATERIALS CONTAINED ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND, AND ON AN “AS AVAILABLE” BASIS.  FLI, ITS AFFILIATES AND EACH OF THEIR RELATED PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  NONE OF FLI, ITS AFFILIATES, OR THEIR RELATED PARTIES WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THIS SITE, AND FLI, ITS AFFILIATES AND EACH OF THEIR RELATED PARTIES EXPRESSLY DISCLAIM ALL LIABILITY FOR ERRORS AND OMISSIONS IN THESE MATERIALS AND FOR THE USE OR INTERPRETATION BY OTHERS OF INFORMATION CONTAINED ON THIS SITE. 

FLI, ITS AFFILIATES, AND THEIR RELATED PARTIES FURTHER ASSUME NO RESPONSIBILITY FOR, AND MAKE NO WARRANTIES THAT, INFORMATION, SERVICES OR FUNCTIONS CONTAINED AT THIS 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, WORMS, “TROJAN HORSES” OR OTHER HARMFUL COMPONENTS.  FLI, ITS AFFILIATES AND THEIR RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY TYPE OR KIND TO YOUR COMPUTER, VIRUSES THAT MAY INFECT YOUR COMPUTER, OR SERVICES REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED ON YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS OR USE OF THE SITE.

5. Limitation of Liability; Indemnification

IN NO EVENT SHALL FLI, ITS AFFILIATES OR ANY OF THEIR RELATED PARTIES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO ACCESS AND/OR USE THE SITE OR WITH ANY DELAY IN USING THE SITE, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, TRADING, PROFITS, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL, USE, OPPORTUNITY OR DATA; (II) ANY INFORMATION AND MATERIALS CONTAINED ON OR OBTAINED THROUGH THE SITE; OR (III) OTHERWISE ARISING OUT OF THE ACCESS TO AND/OR USE OF THE SITE; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.  THE FOREGOING LIMITATIONS APPLY EVEN IF FLI, ITS AFFILIATES, OR ANY OF THEIR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OR COULD HAVE FORESEEN THE DAMAGES.  FURTHER, NONE OF FLI, ITS AFFILIATES, OR ANY OF THEIR RELATED PARTIES WILL BE RESPONSIBLE FOR ANY FAILURE TO COMPLY, BY YOU OR ANY THIRD PARTY, WITH THESE TERMS OF USE OR WITH APPLICABLE FEDERAL, STATE AND/OR LOCAL LAWS. 

SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.  IF ANY PART OF THE EXCLUSIONS OR DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, THE AGGREGATE LIABILITY OF FLI, ITS AFFILIATES, AND THEIR RELATED PARTIES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW.  IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF FLI, ITS AFFILIATES, AND THEIR RELATED PARTIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE, OR $100, WHICHEVER AMOUNT IS LOWER.

FLI, ITS AFFILIATES AND THEIR RELATED PARTIES SHALL NOT BE LIABLE FOR ANY INFECTION BY VIRUSES OF OR DAMAGE TO ANY COMPUTER THAT RESULTS FROM YOUR USE OF, ACCESS TO OR DOWNLOADING OF SUCH INFORMATION.

You hereby agree, at your own expense, to indemnify, defend and hold FLI, its Affiliates, and all of their Related Parties harmless from and against any and all liabilities and costs incurred by these parties in connection with any claim arising out of any breach by you of these Terms of Use or any of the representations, warranties and covenants made by you herein, including, without limitation, attorneys’ fees and costs.  You shall cooperate as fully as reasonably required or requested in the defense of any such claim.  Further, decisions based on information contained on this Site are the sole responsibility of the user, and in exchange for using this Site, you agree to hold FLI, its Affiliates and all of their Related Parties harmless from and against any and all claims for damages arising from any decisions that you may make based on such information.  All information posted on this Site is current only as of the date of its posting, and FLI undertakes no obligation to update any information to reflect events or circumstances after the date of such posting.

These limitations of liability and indemnity obligations will apply regardless of: (i) any negligence or gross negligence of FLI, its Affiliates or any of their Related Parties or (ii) whether the liability arises in negligence, gross negligence, strict liability, contract, tort (including negligence or gross negligence) or any other theory of legal liability; and will remain in effect even if any remedy fails of its essential purpose.

If you are dissatisfied with the information, products or services offered at, on, or through the Site or with these Terms of Use, your sole and exclusive remedy is to discontinue use of and access to the Site.

6. Password-Protected Areas

Portions of the Site which are password-protected may be accessed only by users who have been issued passwords by an authorized representative of FLI.  Such passwords will only be issued to current or prospective clients who are eligible to receive confidential offering materials, strategy and performance information, and other reports.  You may not allow others to use your user name or password to access or use any part of the Site.  If your password has been compromised for any reason, you should contact FLI immediately for a new password.  If you provide your password to any third party, you will be in breach of these Terms of Use and in addition will be solely responsible for any actions taken by such third party using your password.  Unauthorized individuals attempting to access, or actually accessing, these areas can be subject to criminal and/or civil prosecution.

7. Ownership; Limited License to Use

FLI and its licensors own and operate this Site and all of its contents, features and functionality (including but not limited to all information, software, code, text, graphics, charts, audio, logos, images, data compilations, icons, and the design, selection and arrangement thereof).  Such content is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  

All trademarks, service marks, trade names, and logos displayed on this Site are proprietary to FLI, except those that are owned by third parties and displayed on the Site (e.g., the names and marks of proprietary indexes and commercial products).  FLI grants you a personal, limited, nonexclusive, non-transferable license to display and otherwise use portions of the Site, conditioned on your continued compliance with these Terms of Use, solely for your own private, non-commercial, informational purposes only, and to print pages from the Site only in connection with that use.  Except as described in the immediately preceding sentence, you may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software or code obtained from the Site without the prior express written permission of FLI.  

All information contained in or on this Site is intended solely for the use of those persons who have been granted permission to use this Site and who have agreed to these Terms of Use.  Except as specifically permitted below, nothing contained in these Terms of Use or the Site itself either grants or will be construed to grant to you or any third party, by implication, estoppel or otherwise, any title or interest in, or any license or right to use or reproduce, any image, text, software, code, trademark, logo or service mark contained in or on the Site, including without limitation the name or logo of FLI, any of its Affiliates and/or any Related Parties.  If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Any data that you transmit to the Site becomes the property of FLI and may be used by FLI for any lawful purpose without restriction, subject to FLI’s Privacy Policy.  FLI reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to all material contained in or on the Site.

8. Privacy of Personal Information

Any personal information about you, your relatives and/or other persons affiliated with or designated by you that is provided to FLI via this Site is subject to FLI’s Privacy Policy, which is linked on this Site.  FLI will use personal information obtained through your use of the Site only in accordance with the Privacy Policy in effect at the time such information was provided.  FLI reserves the right to change this Privacy Policy at any time and to apply such changes retroactively.

By providing FLI with data: (i) you acknowledge and agree that FLI may provide personal information, in accordance with this Section 8, to FLI’s Affiliates that may be outside your resident jurisdiction, and that such data may be stored on servers located in other jurisdictions; and (ii) to the extent you are a resident of a jurisdiction other than the United States, you consent to the transfer of such data to the United States as described in this Section 8.  If you do not consent to the terms of this Privacy Policy, please do not use the Site, and, if you have provided personal identifying data, please contact FLI about how you would like FLI to handle such data.

9. Use of Links

Should you leave this Site via a link contained herein, and view content that is not provided by FLI, you do so at your own risk.  FLI is not responsible for the content of off-site pages or any other website linked or linking to this Site, and it is not responsible for the privacy practices of such other websites.  The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by FLI.  FLI is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in or by such website, whether actual, alleged, consequential or punitive.  FLI makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content.

10. Jurisdiction and Governing Law

This Site is controlled and operated by FLI from its offices within the State of New York, United States of America.  FLI makes no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited.  Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.  You may not use or export the materials on this Site in violation of U.S. export laws and regulations.

The information provided on this 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 FLI or its affiliates to any registration requirement within such jurisdiction or country.

These Terms of Use are governed by the laws of the State of New York without reference to its conflicts of laws provisions.  You consent to the jurisdiction of, and venue shall lie in, the New York State Supreme Court, Nassau County, or the United States District Court for the Eastern District of New York, as applicable, which are the exclusive jurisdiction and venues for the adjudication of all disputes arising out of or relating to the use of the Site.  You hereby appoint the Secretary of State of the State of New York as your agent for service of process in any such proceeding.

11. Integration and Severability

If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable.  These Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question.  The preceding Terms of Use represent the entire agreement between FLI and its Affiliates on the one hand, and the user on the hand, relating to the subject matter herein.

12. Notices

Any notice to FLI shall be given in writing and sent by registered mail to First Long Island Investors, LLC, One Jericho Plaza, Suite 201, Jericho, NY 11753, Attention: General Counsel, or at such successor address as designated by FLI in its sole discretion from time to time.