Website Terms & Conditions | P&A Capital Advisors

P&A Terms & Conditions

These Terms and Conditions (“Terms & Conditions”) apply to this P&A Capital Advisors, Inc. (“P&A”) website www.pacapadvisors.com (our “Website”). These Terms & Conditions represent a binding agreement that governs your use of the Website, which includes any information, data, tools, products, services and other content.

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING THE WEBSITE AND ANY PAGES THEREOF, YOU SIGNIFY YOUR AGREEMENT WITH THE TERMS & CONDITIONS BELOW WITHOUT LIMITATION OR QUALIFICATION. EACH TIME YOU USE THE WEBSITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THE TERMS & CONDITIONS OF THE WEBSITE IN ITS CURRENT FORM. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS BELOW, DO NOT ACCESS THE WEBSITE OR ANY PAGES THEREOF.

P&A and its affiliates may at any time revise these Terms & Conditions by updating this posting. Website modifications will be effective immediately upon posting unless P&A indicates otherwise. Since you are bound by any such revisions, you should periodically visit this page to review the current Terms & Conditions.

Use of Website and Pages

Limited Right to Use the Website

Your right to use the Website is subject to your agreement to abide by these Terms & Conditions in their entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Website. At any time and for any reason, P&A may revoke your right to use all or any portion of the Website. You may not violate or attempt to violate the security of the Website.

Representations and Warranties Regarding Use of the Website

You represent and warrant that: (i) you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to these Terms & Conditions; (ii) you have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of these Terms & Conditions; (iii) in connection with your use of the Website, you will not employ any virus or other computer programming routine or engine that is intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (iv) all information that you provide in connection with your use of the Website is true and complete.

Use of Content and Information

All content and information, including all trademarks, logos, copyrights and other intellectual property therein, displayed on the Website and pages thereof are owned or licensed by P&A and/or its third-party information providers and protected by applicable law. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website without the prior written permission of P&A or such third party that may own the trademarks displayed on the Website. Your use of the trademarks displayed on the Website, or any other content on the Website, except as provided herein, is strictly prohibited.

Unless expressly permitted by us in writing, you are only permitted to view, bookmark and print this content and information for your nonpublic and noncommercial use. If you print the entirety of or any portion of this content and information, you must retain all copyright and other proprietary notices contained therein. You may not distribute, modify, transmit, reuse, report or use the content of the Website for public or commercial purposes, including the text, images, audio and video, without P&A’s prior written permission. You are not permitted, for the avoidance of doubt, to download, copy, reverse engineer, modify, publish or exploit this content and information. You may not violate any law, or the intellectual property or contractual rights of others, in your use of this content and information or attempt to violate or violate the security of the Website and pages thereof.

All content and information, including all trademarks, logos, copyrights and other intellectual property therein, displayed on the Website and pages thereof are not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to law. You may not use this content and information where such distribution or use would be contrary to law.

You Assume Various Risks in Using the Website

P&A makes no guarantees, promises or assurances regarding the Website.
P&A does not assure you that the Website will lead to profitable investments, and you may lose money if you make investments based on the Website.
P&A makes reasonable efforts to provide accurate content and information on the Website. However, some content and information and some of the assumptions and other data that impact the content and information may be inaccurate, outdated or otherwise inappropriate.
Some content and information and some of the data used in the content and information come from third parties. P&A believes that these third parties are reliable but is not responsible for any third party information.
P&A cannot guarantee that the Website or its content will be provided uninterrupted, error free or free from viruses, Trojan horses or other harmful material.
Dated content and information speaks only as of the date indicated.
Any projections contained on the Website reflect the views of management only at the time originally made, and are subject to various risks, uncertainties and other factors that could cause materially different results. P&A does not intend to update projections.
P&A may change any portion of the Website at any time without notice to you.
P&A is not liable for any damages or loss to you resulting from these or other risks.

Monitoring by P&A

P&A may (i) monitor and record activity on the Website for any reason; (ii) investigate any complaint or reported violation of P&A’s policies; (iii) report any activity that P&A suspects may violate any law or regulation to regulators, law enforcement officials or other persons or entities that P&A deems appropriate; and (iv) issue warnings, suspend or terminate use of the Website, deny access to all or part of the Website or take any other action that P&A deems appropriate.

Privacy Policy

This privacy policy explains the manner in which P&A Capital Advisors, Inc. (“PACA”, “we”, “us” or “our”, which term shall include the investment vehicles for which we act as investment advisor and/or general partner as the context requires) collects, utilizes and maintains nonpublic personal information about PACA’s investors, as required under federal legislation. This privacy policy only applies to nonpublic information of investors who are individuals (not entities).

How We Collect Personal Information

PACA collects personal information about its investors mainly through the following sources:

subscription forms, investor questionnaires and other information provided by the investor in writing, in person, by telephone, electronically or by any other means; and this information includes name, address, nationality, tax identification number, and financial and investment qualifications; and

transactions within PACA, including account balances, investments and withdrawals.

With Whom We May Share Personal Information

PACA does not sell or rent investor information. PACA does not disclose nonpublic personal information about its investors to nonaffiliated third parties or to affiliated entities, except as permitted by law. For example, PACA may share nonpublic personal information in the following situations:

to service providers in connection with the administration and servicing of PACA, which may include attorneys, accountants, administrators, auditors and other professionals; and PACA may also share information in connection with the servicing or processing of PACA’s transactions;

to affiliated companies in order to provide you with ongoing personal advice and assistance with respect to the products and services you have purchased through PACA and to introduce you to other products and services that may be of value to you;

to respond to a subpoena or court order, judicial process or regulatory authorities;

to protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities; and

upon consent of an investor to release such information, including authorization to disclose such information to persons acting in a fiduciary or representative capacity on behalf of the investor.

How We Protect Personal Information

PACA’s policy is to require that all employees, financial professionals and companies providing services on its behalf keep client information confidential.

PACA maintains safeguards that comply with federal standards to protect investor information. PACA restricts access to the personal and account information of investors to those employees who need to know that information in the course of their job responsibilities. Third parties with whom PACA shares investor information must agree to follow appropriate standards of security and confidentiality.

PACA’s privacy policy applies to both current and former investors. PACA may disclose nonpublic personal information about a former investor to the same extent as for a current investor.

PACA may make changes to its privacy policy in the future. PACA will not make any change affecting you without first sending you a revised privacy policy describing the change.

FOR CALIFORNIA RESIDENTS ONLY

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Policy and applies solely to users who reside in the State of California (“you”). We adopt this notice to comply with the amended California Consumer Privacy Act of 2018 (“CCPA”), the California Privacy Rights Act (the “CPRA”), and other California privacy laws. Any terms defined in the CCPA and/or the CPRA have the same meaning when used in this notice.

Categories of Personal Information that We Collect

During our communication with you via texts, calls, emails we might collect the below mentioned categories of personal information. This information might also be collected if you visit our website. Note that the categories listed below are defined by California state law. Inclusion of a category in the list below indicates only that, depending on the services we provide you, we may collect some information within that category. It does not necessarily mean that we collect all information listed in a particular category.

Category	Description	Examples
A.)	Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
B.)	Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
C.)	Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
D.)	Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
E.)	Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
F.)	Geolocation data.	Physical location or movements.
G.)	Professional or employment- related information.	Current or past job history or performance evaluations.
H.)	Inferences drawn from other personal information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Note: This is not an exhaustive list. Please see more details here –

California Consumer Privacy Act (CCPA) | State of California – Department of Justice – Office of the Attorney General

How We Use the Information We Collect

We may use the information we collect from you to:

provide services to you;
bill/invoice you;
complete corporate transactions;
manage any accounts that you may have with us;
validate your identity;
send personalized marketing messages via email, post and telephone to you. Where required by applicable law, we will send these messages with your consent, and you have the right to opt out of receiving marketing by contacting us;
serve relevant advertising on our site and third-party sites related to our products and services which are personalized to your interests;
provide you with notice of product releases, special events, trainings, promotions or other matters relevant to you;
respond to your inquiries;
improve the services you receive from us;
solicit your feedback;
prevent you from having to re-enter personal information about you on future visits to our websites or subsequent use of our applications;
process your payments and purchases;
operate, evaluate and improve our business (including developing new products and services; enhancing and improving our services; managing our communications; performing data analytics; and performing accounting, auditing and other internal functions);
provide technical support/ answer your questions via Zoom calls;
detect and prevent fraud and other unauthorized activity and enforce our terms of use; and
comply with applicable legal requirements, relevant industry standards and our policies.
- comply with applicable legal requirements, relevant industry standards and our policies.

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

How Long We Keep Personal Information

At a minimum, we will keep personal information about you for as long as we have a relationship with you, for example as long as you are a customer (and for a reasonable period thereafter). When determining how long to retain personal information after we no longer have a relationship with you, we take into account how long our customers usually want to continue hearing from us, our legal and regulatory obligations the expectations of regulators, as well as the length of time information is needed for internal audit purposes and to exercise or defend our legal rights.

Retention in case of queries – We may retain your personal information for a reasonable period in case of follow up queries from you.

Retention in case of claims – We may retain your personal information for the period in which you might legally bring claims against us (this means we will retain it in line with relevant limitation periods, which are applicable to your jurisdiction)

Retention in accordance with legal and regulatory requirements – We will consider whether we need to retain your personal information after the period of retention in the case of queries or claims because of a legal or regulatory requirement.

Retention permitted under applicable law – We will continue to retain personal information where necessary to provide our services to you and the retention of such personal information is necessary for the purposes of pursuing our legitimate interests or where it is necessary for public interest purposes.

We review our retention periods for Personal Information on a regular basis, and all data is retained in compliance with applicable data protection law. We will only permanently retain certain basic Personal Information, for limited purposes. This is in relation to retaining basic contact details, to keep a record that you were a customer, in case you return in future, or where you have asked us not to contact you again.

Your Rights

Subject to our regulatory and legal obligations, you may be entitled to certain rights, which can include:

You may opt out of the sale of personal information—however, for purposes of California law, we do not sell your personal information to third parties, nor do we intend to, as those terms are defined by California privacy law. In addition, we have contracts with our service providers to prohibit any sale of the personal information we provide them; but if you have any concerns that our third parties might be selling your information, please contact us.

Where our use of your personal information requires consent, you may withdraw this consent at any time;

You may request access to your personal information we hold about you and obtain information about how we process it. Depending on the applicable privacy laws, you may be entitled to request the categories and specific pieces of personal information that we have collected about you, the categories of sources from which the personal information was collected, the purposes of collecting the personal information, the categories of third parties we have shared the personal information with, and the categories of personal information that have been shared with third parties for a business purpose;

You may update, correct or amend the personal information we hold about you if it is wrong;

You may ask us to change, restrict or stop the way in which we communicate with you or process personal information about you;

You may ask us to delete your personal information;

You have rights in relation to automated decision making, including profiling which has a legal effect, or which causes a significant effect;

You may ask us to move, copy or transfer your personal information;

You may object to our processing of your personal information; and

You may opt out of the sale of personal information—however, for purposes of California law, we do not sell your personal information to third parties, nor do we intend to, as those terms are defined by California privacy law. In addition, we have contracts with our service providers to prohibit any sale of the personal information we provide them; but if you have any concerns that our third parties might be selling your information, please contact us.

Investment Disclaimer

The Website and the information contained herein do not constitute and should not be construed as an offering of advisory services or an offer to sell or solicitation to buy any securities or related financial instruments in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction. Although the Website includes information regarding specific investment strategies and the investment process generally, you should not consider anything you find on the Website to be an individualized recommendation to buy, sell, hold or otherwise pursue or invest in any specific investment or investment style.

Nothing on the Website is intended to be, and you should not consider anything on the Website to be, accounting, tax or legal advice. If you would like investment, tax, or legal advice, you should consult with your own financial advisers, accountants or attorneys regarding your individual circumstances and needs.

NO WARRANTY

THE CONTENT AND INFORMATION CONTAINED IN THE WEBSITE AND PAGES THEREOF, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS, AND THE WEBSITE AND PAGES THEREOF ARE PROVIDED “AS IS” AND “AS AVAILABLE”. P&A DOES NOT MAKE ANY WARRANTY AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS CONTENT AND INFORMATION, AND THE WEBSITE AND PAGES THEREOF AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS CONTENT AND INFORMATION AND THE WEBSITE AND PAGES THEREOF. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, SUITABILITY, ACCURACY, VALIDITY, TIMELINESS, COMPLETENESS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, AVAILABILITY AND SECURITY IS GIVEN IN CONJUNCTION WITH THE CONTENT AND INFORMATION AND THE WEBSITE AND PAGES THEREOF.

Limitation of Liability

Under no circumstances shall P&A or any party involved in creating, producing, or delivering the Website be liable for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on the Website, even if a P&A authorized representative has been advised of the possibility of such damages. Applicable law may not allow the above limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

P&A also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video, or audio from the Website.

Indemnification

You agree to defend, indemnify and hold harmless P&A and its affiliates and their respective principals, directors, members, officers, employees, agents, suppliers, service providers, vendors and customers against any losses, damages, claims, liabilities and costs (including reasonable attorneys’ fees) to the extent resulting from or arising out of any unauthorized or otherwise inappropriate use of any of the content or information on the Website in whole or part.

Linked Websites

The Website may contain links to other websites. P&A does not review or monitor any websites linked from or to the Website and will not be responsible for the content of any such linked websites. If you decide to access a linked website, you do so at your own risk. P&A is not responsible for the information, materials or services obtained on or from such other websites and will not be liable in any respect for any damages arising from your access of such websites. Any such links are provided merely for the convenience of the users of the Website and the inclusion of the links does not imply any endorsement, representation or warranty by P&A with respect to any such websites or the content or services contained through such websites. Furthermore, you agree not to link any of your websites or any third party website to the Website without the express prior written consent of P&A.

Termination

These Terms & Conditions are effective until terminated by P&A. However, you may terminate the Terms & Conditions at any time by destroying all information and materials obtained by you or on your behalf from the Website and all associated documentation, copies, and installations whether made under these Terms & Conditions or otherwise. Such termination by you will not be effective until P&A, in its sole discretion, determines that you have complied with any term or condition stated herein. Upon termination of these Terms & Conditions, you must destroy all information and materials obtained by you or on your behalf from the Website and all associated documentation, copies, and installation whether made under these Terms & Conditions or otherwise. Your liability and indemnification obligations, and where applicable, confidentiality obligations, shall survive the termination of these Terms & Conditions.

Waiver

No waiver by P&A of any right under or term or provision of these Terms & Conditions will be deemed a waiver of any other right, term or provision of these Terms & Conditions at that time or waiver of that or any other right, term or provision of these Terms & Conditions at any other time.

Governing Law and Forum; Severability

The laws of the State of New York govern these Terms & Conditions. You hereby agree that any dispute relating to these Terms & Conditions shall be resolved solely in the state or federal courts located in New York City, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such dispute or action. You agree to waive trial by jury in such action.

If a court of competent jurisdiction deems any provision of these Terms & Conditions invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

Other Terms

These Terms & Conditions constitutes the entire understanding, and supersedes all other understandings, between you and P&A concerning the subject matter hereof. Certain sections of the Website may include additional Terms & Conditions that govern use of those sections. You will be bound by those additional Terms & Conditions, and they will be considered part of these Terms & Conditions. P&A may assign these Terms & Conditions in whole or in part at any time without your consent. You may not assign these Terms & Conditions or delegate any of your obligations hereunder. Any purported assignment of these Terms & Conditions in violation hereof is void.

Contact Information

To ask questions or comment about these Terms & Conditions, contact the Chief Compliance Officer of P&A Capital Advisors, Inc. at dzuckerman@peyalex.com, P&A Capital Advisors, Inc., 500 Fifth Avenue, Suite 5120, New York, NY 10110 or (212) 764-6455.