Effective Date: May 28, 2020
Effective Date: May 28, 2020
Tiger Climb Holdings, LLC (“Tiger Climb Holdings”, “Tiger Climb”, “we”, “us”, or “our”) operates the website (the “Site”), which is comprised of various web pages operated by us. These legal notices and terms and conditions of use are a contract between you and Tiger Climb Holdings, LLC (the “Terms” or “Agreement”), and govern your visit to and your use of the Site. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, notices, and policies contained herein and on other portions of the Site. This Agreement does not amend or supersede any previous written agreements you may have or are a party to, with Tiger Climb Holdings, LLC, or any Tiger Climb Holdings, LLC account, fund, subsidiary, or trust (“Previous Agreement”). In the event of any inconsistency between this Agreement and any Previous Agreement, the Previous Agreements will govern, as long as any Previous Agreement is, including, but not limited to, valid, legal, and current. Some aspects of the Site contain supplemental terms and conditions and additional disclaimers, disclosures, and policies, which are hereby incorporated in this Agreement. In the event of a conflict, the supplemental terms and conditions and additional disclaimers, disclosures, and policies will govern for those aspects. Your use of the Site constitutes your agreement to all such Terms. You should read this Agreement carefully before accessing the Site and keep a copy for your reference.
By accessing, browsing, and/or using the Site, you acknowledge that you have read and understand, and agree to, this Agreement and all disclaimers and terms and conditions that appear on the Site. This Agreement may be updated by us at any time. Any such changes will be effective upon posting. Your continued use of the Site after any such modifications constitutes your acceptance of the modified terms and conditions. If you do not accept this Agreement, you do not have permission to access, browse, or use the Site, and your sole and exclusive remedy is to discontinue using the Site. As such, we strongly recommend that you periodically visit this page of the Site to review this Agreement. The date of the last revision or update appears at the top of the Agreement under the title.
Tiger Climb Holdings, LLC is a corporate holding company. The purpose of the Site is to have general information about us and our portfolio available to our investors, employees, and interested individuals to learn more about our company and interact with us if needed. The Site is not an offer of securities or any form of solicitation.
Your compliance with this Agreement is a condition of your right to access the Site. Your breach of any provision of this Agreement or any Previous Agreements will automatically, without the requirement of notice of any other action, revoke and terminate your right to access the Site and you will be fully liable for conversion, misappropriation, trespass to chattels, and all other cause and claims, regardless of the identity of the claimant or injured party, arising from or relating to your continued use of the Site after such breach.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION, WHICH REQUIRES THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS, AND A WAIVER OF CLASS-ACTION RIGHTS, AS DETAILED IN SECTION 11.2.
2. Electronic Communications
Visiting this Site or sending emails to Tiger Climb Holdings, LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
3. Age of Majority
Tiger Climb Holdings, LLC does not knowingly collect, either online or offline, personal information from and/or about persons under the age of thirteen (13). By accepting the terms of this Agreement through your use of the Site, you certify that you are eighteen (18) years of age or older and the age of majority in your state or jurisdiction, or older. If you are under the age of 18 or under the age of majority in your state or jurisdiction, whichever is older, you may not use or access the Site. If we learn that personal information from users under eighteen (18) years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age eighteen (18), please use the contact details provided below or use the form available from our privacy department here.
4. Third-Party Links and Services
Tiger Climb Holdings, LLC may provide links from the Site to other websites (“Linked Sites”). The Linked Sites are not under the control of Tiger Climb Holdings, LLC and we not responsible for or make any representations about or regarding the contents of any Linked Site, including, but not limited to, the content, communications, products and services, usage policies, any link contained in a Linked Site, and/or any changes or updates to a Linked Site. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tiger Climb Holdings, LLC of the Linked Site or any association with its operators. We make no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of any other site. Your use of third-party websites is entirely at your own risk.
Certain services made available via the Site are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the Site, you hereby acknowledge and consent that Tiger Climb Holdings, LLC may share such information and data with any third party with whom Tiger Climb Holdings, LLC has a contractual relationship to provide the requested product, service, or functionality on behalf of users and customers of Tiger Climb Holdings, LLC.
5. Restrictions of Use and Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly per the terms of this Agreement. As a condition of your use of the Site, you warrant to Tiger Climb Holdings, LLC that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. You may not use the Site in any manner which could damage, disable, impair, or overburden the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any information or materials through any means not intentionally made available or provided for through the Site. You warrant that when using the Site, you will not violate and/or facilitate any violation of any applicable local, state, federal, and/or international code, law, ordinance, regulation, and/or statute, including, but not limited to, regulations promulgated by and/or the rules of any national and/or other securities exchange.
All the material displayed on and/or accessible through the Site, including, but not limited to, articles, charts graphics, images, information, logos, presentations, reports, software, text, and other material, as well as the compilation thereof (the “Content”), is the property of Tiger Climb Holdings, LLC or others and is protected by the United States and international copyright and other laws, including, but not limited to, those that protect intellectual property and proprietary rights. All logos, names, service marks, and trademarks displayed on the Site (the “Trademarks”) are the property of Tiger Climb Holdings, LLC, or their respective owners, who may or may not be affiliated with Tiger Climb Holdings, LLC. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content or Trademark without the written permission of Tiger Climb Holdings, LLC or such other party that may own the applicable Content or Trademark. Nothing in the Agreement shall constitute a waiver of any trademark, copyright, or other intellectual property rights. Tiger Climb Holdings, LLC reserves the right to enforce its intellectual property rights to the full extent of the law. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such Content and Trademark and will not make any changes thereto.
You may not create derivative works of, copy, display, distribute, exploit, license, modify, participate in the transfer and/or sale of, publish, repost, reproduce, reuse, reverse engineer, transmit, or otherwise use for public or commercial purposes without the express written consent of Tiger Climb Holdings, LLC in each instance, any of the information, materials, and other Content, in whole or in part, found on the Site.
The prior written consent of Tiger Climb Holdings, LLC is required for (a) any resale or commercial use of the Site and/or any Content obtained from the Site; (b) making more than minimal copies of the Site materials; (c) including any portion of the Site on any other website, on a server computer and/or in documents, including, but not limited to “mirroring” the information and/or displaying the information utilizing HTML frames and/or similar means; (d) any derivative use of the Site and/or any portion thereof; and/or (e) any use of automated programs, data mining, robots, and/or other data gathering and/or extraction tools in connection with your use of the Site. If you seek permission for such use of our Site, please use the contact details provided below. Any unauthorized use of the Site, Content, and/or Trademarks may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Content on the Site is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete and/or alter any proprietary rights and/or attribution notices in any content. You will use protected Content solely for your personal use and will make no other use of the Content without the express written permission of Tiger Climb Holdings, LLC, and the copyright owner. You agree that you do not acquire any ownership rights in any protected Content. We do not grant you any licenses, express or implied, to the intellectual property of Tiger Climb Holdings, LLC and/or our licensors except as expressly authorized by this Agreement.
Tiger Climb Holdings, LLC reserves the right to change, suspend, and/or discontinue all or any part of the Site or the Content at any time without prior notice or liability.
If you believe anything posted on the Site infringes any intellectual property right that you own or control, please provide us with the following written information by contacting the Tiger Climb Holdings, LLC legal department at the contact details provided below:
Name, street address, telephone number, email address, and physical or electronic signature of the rights holder, or someone authorized to act on the rights holder’s behalf;
A description of the intellectual property that you claim has been infringed upon;
A link to and/or a description of where on the Site the material that you claim is infringing is located, with enough detail that we may find it;
A written statement that you have a good faith belief that the disputed use is not authorized by the rights holder, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the rights holder or authorized to act on the right holder’s behalf.
6. Investor Agreement
If you are a Tiger Climb Holdings, LLC investor, or are a representative of a Tiger Climb Holdings, LLC investor, you may have been granted access to certain non-public portions of the Site through a uniquely assigned investor login (“Investor Sections”). In addition to this Site, your use of the Investor Sections may also be governed by applicable Previous Agreements and by all applicable laws and regulations. All information available through the Investor Sections of the Site is confidential and proprietary to Tiger Climb Holdings, LLC. This includes all financial statements, investment information, investment results, offering materials, and other information provided through the Investor Sections of the Site. You will use best efforts to keep all this information strictly confidential. You will not disclose any of this information to any person or use it for any purpose other than those expressly permitted by Tiger Climb Holdings, LLC in writing. If you have been granted access to the Investor Sections by Tiger Climb Holdings, LLC, you must maintain the confidentiality of your login information and you remain responsible for all usage of the Investor Sections of the Site through your account, whether such use is made by you or anyone else. You must immediately notify us of any known or suspected unauthorized use of your login information or any known or suspected breach of security, including loss, theft, and/or unauthorized disclosure of your login information.
You may not violate or attempt to violate the security of the Site, including, but not limited to, by (a) accessing data not intended for you or logging into an account or server you are not authorized to access; (b) avoiding, defeating, disabling, or removing any security device or system, including, but not limited to, the password and login functionality used to authenticate users; (c) attempting to probe, scan, or test the vulnerability of the Site, system, or network or by breaching authentication or security measures without proper authorization; (d) attempting to interfere with services to any host, network, Site, or user, including, but not limited to, via means of submitting a virus or malicious code, “crashing,” “flooding,” “mailbombing,” “spamming,” or overloading; (e) using or attempting to use any agent, engine, software, tool, or other device or mechanism, including, but not limited to, avatars, browsers, intelligent agent, spiders, or robots, by navigating or searching the Site by means other than the search engine and search agents available on the Site or generally available third-party web browsers and search engines; (f) decompiling, disassembling, or reverse engineering the underlying software, copying the Site or any feature, function, part, or user interface thereof, or framing or mirroring any part of the Site; (g) sending unsolicited email, including promotions and/or advertising of products or services; (h) removing any annotations, instructions, labels, notices, or warnings from any portion of the Site or any related material, including, but not limited to, any copyright, patent, trademark, or other proprietary notices or license provisions; (i) storing or transmitting material or data on or through the Site in violation of any law or third-party rights, including, but not limited to, United States and international law, privacy rights, or any contract to which you are a party to; (j) forging any TCP/IP packet header or any part of the header information in any email or posting or (k) otherwise invading the privacy of, obtaining the identity of, or gathering any personal information about any user of the Site. Violations of any system or network security, including any attempts to intentionally access a computer without proper authorization or exceed your authorized access level may result in civil and/or criminal charges, including, but not limited to, charges under the Computer Fraud and Abuse Act. We reserve the right to investigate occurrences that might involve such violations and may involve and cooperate with law enforcement authorities in prosecuting persons, individuals, and/or entities who are involved in such violations. We may restrict or terminate the access of any and all users of the Site to prevent or help prevent the further spread of malware, security breach, or system malfunction.
8. International Users
The Service is administered, controlled, and operated by Tiger Climb Holdings, LLC from our offices within the United States. If you access the Service from a location outside the United States, you are responsible for compliance with all local and federal laws and regulations. You agree that you will not use the Tiger Climb Holdings, LLC Content, or access the Site in any country or any manner prohibited by any applicable laws, restrictions, or regulations.
9. Performance Information
Past performance is not indicative of any future results. There is no representation or warranty that any investment or transaction will or is likely to achieve results comparable to those achieved in the past, or that significant losses will be avoided. Returns and principal values for investments may and often fluctuate. Do not consider past performance as expected or likely current or future performance. Any and all market analyses and statements provided on the Site are based on several assumptions and opinions and should be carefully considered and reviewed.
The Site contains certain forward-looking statements (“Forward-Looking Statements”) about Tiger Climb Holdings, LLC, which reflect our current prospects and views of various situations, including, but not limited to, the operations of and performance of our investments and subsidiaries. We may identify these Forward-Looking Statements from our use of phrases, including, but not limited to, “anticipate,” “approximately,” “believe,” “continue,” “estimate,” “expect,” “intend,” “may,” “outlook,” “plan,” “potential,” “predict,” “project,” “seek,” “should,” or “will.” Forward-Looking Statements are subject to various risks and uncertainties. As such, actual events, performance, or results may differ materially from those indicated in these Forward-Looking Statements. We undertake no obligate to review or update, publicly or privately, any Forward-Looking Statements, as a result of any factor, including, but not limited to, new information or future developments. There is no representation or warranty as to future performance based on any Forward-Looking Statement.
You agree to indemnify, defend, and hold harmless Tiger Climb Holdings, LLC, its agents, directors, employees, officers, representatives, and third parties, for any claims, costs, expenses, liabilities, and losses, including, but not limited to, attorney’s fees, relating to or arising directly or indirectly out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement, or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Tiger Climb Holdings, LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Tiger Climb Holdings, LLC in asserting any available defenses.
11. Legal Rights
YOU SHOULD READ THIS SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
11.1. Internal Dispute Resolution
If you have any concerns regarding the Site, please contact our legal department using the contact details provided below. Tiger Climb Holdings, LLC works to resolve most concerns quickly and efficiently. You and Tiger Climb Holdings, LLC agree to use best efforts through its internal dispute resolution processes to settle any claim, disagreement, dispute, or question and engage in good faith negotiations, which shall be a condition to either party initiating arbitration or a lawsuit.
In the event the parties are not able to resolve any dispute between them arising out of or concerning this Agreement under the initial dispute resolution provision within a period of sixty (60) days and no more than three-hundred sixty-five (365) days from the time of the initial dispute resolution, or any provisions hereof, whether in contract, tort or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration under the Federal Arbitration Act, initiated by either party, conducted by a single neutral arbitrator and administered by the American Arbitration Association, in the state of Illinois, unless you can demonstrate to Tiger Climb Holdings, LLC that arbitration in Illinois would create an undue burden for you. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. If any legal or equitable action, arbitration, or proceeding, arises out of or concerns this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to this Agreement or any disputes arising as a result of this Agreement, whether directly or indirectly, including Tort claims that are the result of the Terms in this Agreement. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the enforceability and scope of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of this Agreement.
You understand and agree that by entering into this Agreement, you and Tiger Climb Holdings, LLC are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this arbitration provision, you and Tiger Climb Holdings, LLC might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others, including class actions. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or waived.
11.3. Class Action Waiver
Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Tiger Climb Holdings, LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
12. Liability Disclaimer
THE INFORMATION, PRODUCTS, SERVICES, SOFTWARE, AND RELATED GRAPHICS INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TIGER CLIMB HOLDINGS, LLC AND/OR ANY PARTY INVOLVED IN CREATING, DELIVERING, OR PRODUCING THE SITE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
TIGER CLIMB HOLDINGS, LLC AND/OR ANY PARTY INVOLVED IN CREATING, DELIVERING, OR PRODUCING THE SITE MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, AVAILABILITY, RELIABILITY, SUITABILITY, AND TIMELINESS OF THE INFORMATION, PRODUCTS, SERVICES, SOFTWARE, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, PRODUCTS, SERVICES, SOFTWARE, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TIGER CLIMB HOLDINGS, LLC AND/OR ANY PARTY INVOLVED IN CREATING, DELIVERING, OR PRODUCING THE SITE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS CONCERNING THIS INFORMATION, PRODUCTS, SERVICES, SOFTWARE, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
13. Termination and Access Restriction
Tiger Climb Holdings, LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Illinois and you hereby consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, but not limited to, this section.
You agree that no agency relationship, employment, joint venture, or partnership exists between you and Tiger Climb Holdings, LLC as a result of this Agreement or use of the Site. The performance of this Agreement by Tiger Climb Holdings, LLC is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with the court, governmental, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Tiger Climb Holdings, LLC concerning such use. If any part of this Agreement is determined to be invalid or unenforceable under applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Tiger Climb Holdings, LLC concerning the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Tiger Climb Holdings, LLC concerning the Site. A printed version of this Agreement and any notice given in electronic form shall be admissible in administrative or judicial proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.
Tiger Climb Holdings, LLC reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement, and/or your access to all or any part of this or any other Site or Content owned and/or operated by Tiger Climb Holdings, LLC at any time and for any reason without prior notice or liability. Upon any termination of this Agreement, you must promptly destroy all materials downloaded or otherwise obtained from the Site, as well as all copies of such materials, whether made under the Agreement or otherwise. If this Agreement is terminated, the following provisions shall survive: Section 5, Restrictions of Use and Intellectual Property; Section 10, Indemnification; Section 11, Legal Rights; Section 12, Liability Disclaimer; Section 13, Termination and Access Restriction; and Section 15, Complete Agreement.
We may update this Agreement from time to time. The updated version will supersede all previous versions, will be indicated by an updated date and will be effective as soon as it is accessible. If we make material changes to this Agreement, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Agreement frequently to be informed of how we are protecting your information. Your continued use of the Site and/or Services available through this Site after such modifications will constitute your (a) acknowledgment of the modified Agreement; and (b) agreement to abide and be bound by that Agreement.
15. Complete Agreement
Tiger Climb Holdings, LLC welcomes your questions or comments regarding this Agreement. Electronic mail or other communications through this Site to Tiger Climb Holdings, LLC (or any of its employees, agents, or representatives) may not be secure and we do not guarantee the confidentiality of such communications.
Tiger Climb Holdings, LLC