About Us

Terms Of Use

These Terms of Use constitute a legally binding agreement between Sound Mark Partners, LLC and its affiliates (together, “Sound Mark,” “our,” “us,” “we” or “company”) and you, the user of https://www.soundmarkpartners.com, including any subdomain thereof (the “Site”). By accessing the Site, you acknowledge that you have read and agree to these Terms of Use. These Terms of Use govern your use of the Site. Please read these Terms of Use carefully. If you do not agree with any of the terms and conditions contained herein, please do not access the Site.

Sound Mark reserves the right to amend these Terms of Use in its sole discretion. Sound Mark will post any changes to these Terms of Use on the Site, and changes are effective immediately upon posting. Your continued use of the Site after any such changes constitutes your acceptance of the new terms and conditions. You should consult the “Terms of Use” bar on the Site each time you visit the Site.

The Site is offered and available to users who are 18 years of age or older. By using the Site, you represent and warrant that you are of legal age to form a binding contract with Sound Mark. If you do not meet all of these requirements, you must not access or use the Site. By accessing the Site, you consent to transact business with us online and electronically.

Purpose of the Site; Not Investment Advice; No Recommendations

The information presented on or through the Site is made available solely for informational purposes in relation to Sound Mark and its current and potential investments and other business ventures. Sound Mark does not warrant the accuracy, completeness or usefulness of any information on the Site. Any reliance you place on such information is strictly at your own risk. Sound Mark disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. Sound Mark is registered with the U.S. Securities and Exchange Commission as an investment adviser, which does not imply a certain level or skill or training.

The Site is not intended to provide legal, business, tax, accounting, investment or other advice. You agree not to construe any of the Content (as defined below) provided in connection with the Site as legal, business, tax, accounting, investment, financial or other advice. You agree that the Content provided in connection with the Site does not, and shall not be deemed to, constitute an offer to sell, or a solicitation to any person to buy, any security or similar investment. You understand that none of the Content constitutes a recommendation that you or any other person purchase, sell or hold any security, company, investment product or similar investment, or that you should pursue any investment strategy, and the Content is not to be relied upon for the purpose of making investment or other decisions.

Regulatory Disclosures

The Content provided on or through the Site may include information regarding past and/or present investments managed by Sound Mark, its affiliates and/or its personnel. It should not be assumed that investments made in the future will be comparable in quality or performance to the investments described herein. Further, references to past and present investments should not be construed as a recommendation of any particular investment or security. Information relating to any current or prior investments have been included for illustrative purposes only and have been selected in order to provide examples of the types of investments managed by Sound Mark. Current and previous investments listed on the Site are not to be considered a complete list of all investments historically managed by Sound Mark. The investments listed should not be assumed to have been profitable. Any past performance information on the Site is not necessarily indicative, or a guarantee, of future results.

Certain information contained on the Site constitutes “forward-looking statements.” All forward-looking statements represent only the intent and belief of Sound Mark as of the date such statements were made. None of Sound Mark or any of its affiliates (i) assumes any responsibility for the accuracy and completeness of any forward-looking statements or (ii) undertakes any obligation to disseminate any updates or revisions to any forward-looking statement contained on the Site to reflect any change in their expectation with regard thereto or any change in events, conditions or circumstances on which any such statement is based. Due to various risks and uncertainties, actual events or results may differ materially from those reflected or contemplated in such forward-looking statements.

Privacy Policies

In addition to these Terms of Use, your use of and access to the Site is also subject to our Website Privacy Policy (the “Privacy Policy”), which is incorporated by reference herein, as applicable. Our Privacy Policy contains additional terms relating to our potential collection, use and disclosure of your personal information, as applicable. You agree that you have read, agreed to and understand our Privacy Policy, as applicable.

User Accounts

If you choose, or are provided with, a user name, password or any other piece of information as part of Sound Mark’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your user name, password or other security information. You agree to notify Sound Mark immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Sound Mark has the right to disable any user at any time in Sound Mark’s sole discretion for any or no reason, including if, in Sound Mark’s opinion, such user has violated any provision of these Terms of Use.

Prohibited Conduct

You agree that you are responsible for your own conduct while using the Site and for any consequences thereof. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. You agree to use the Site only for purposes that are legal, proper and in accordance with these Terms and any applicable law, rules or regulations. By way of example, and not as limitation, you agree that you may not:

• use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use of the Site;
• attempt to gain unauthorized access to the Site or the computer systems or networks connected to the Site through hacking, password mining or any other means;
• create user accounts by automated means or under false or fraudulent pretenses;
• utilize any data provided on the Site (including third-party provided data) for purposes other than evaluating Sound Mark investment opportunities;
• transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature; defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; email or transmit any inappropriate, defamatory, infringing, obscene, or unlawful content;
• run Maillist, Listserv, or any form of auto-responder or “spam” on the Site;
• use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site, including to engage in the practices of “screen scraping,” “database scraping,” retrieving or indexing any portion of the Site, collecting information about its users for any unauthorized purpose or any other activity with the purpose of obtaining content or other information;
• interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
• download any file posted that you know, or reasonably should know, cannot be legally distributed in such manner;
• impersonate another person or entity;
• remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
• use the Site for any illegal or unauthorized purpose (including, without limitation, in violation of any United States federal and state securities or blue sky laws or regulations, securities exchange or self-regulatory organization’s rules or regulations, or equivalent laws or regulations in foreign jurisdictions);
• use the Site for any commercial purpose whatsoever other than for your personal use.

Ownership

The trade names, trademarks, service marks, trade dress, logos and other indicia of source (collectively, “Marks”) found on the Site and any and all information and content available through the Site (including strategies, policies, business plans, research, concepts and other information (collectively, the “Content”)) are proprietary to Sound Mark or its licensors and are protected by intellectual property rights and unfair competition and other laws. You may not use any Mark or Content without the express written permission of the owner (whether Sound Mark or otherwise), and nothing contained in these Terms of Use or anywhere on the Site shall be construed as granting any license or right to use any Mark or Content.

Third-Party Links

From time to time, Sound Mark may provide links from the Site to websites operated by third parties. Sound Mark’s decision to do so is in no way an endorsement of these sites. Sound Mark does not monitor, edit or control such third-party sites and is not responsible in any way for the suitability of their content or for the quality of the products or services offered therein. Your choice to follow links to such websites is at your sole risk. When you click on a link to another website, you will be leaving the Site. If you have any questions regarding a linked site, please direct them to the administrator of the relevant site. Sound Mark reserves the right to terminate any link at any time.

Disclaimer of Warranties

THE SITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND, TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, ARE PROVIDED WITHOUT WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY SOUND MARK, EITHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. SOUND MARK FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SITE OR CONTENT WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED UNDER LAW.

Limitation of Liability

SOUND MARK DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE SITE OR THE CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, SOUND MARK IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON (1) THE SITE OR THE CONTENT, INCLUDING ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE CONTENT OR ANY FEATURE OF THE SITE, OR (2) YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE.

UNDER NO CIRCUMSTANCES WILL SOUND MARK BE LIABLE FOR ANY DAMAGES OR LOSSES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR ANY OTHER DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF ANY SERVICE OR CONTENT, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE OF ANY KIND), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF THE DAMAGES OR IF THE DAMAGES COULD HAVE BEEN FORESEEN.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnity

You agree that you will be solely responsible for, and that you will defend, indemnify and hold Sound Mark, subsidiaries and other affiliates and each of their respective officers, directors, agents, employees and representatives harmless from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your violation of these Terms of Use or otherwise resulting from your use of the Site. Sound Mark reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify Sound Mark for all liabilities, losses or damages. You agree to provide Sound Mark with whatever cooperation it reasonably requests.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED, UNLESS OTHERWISE REQUIRED BY LAW.

Miscellaneous

You may not assign or otherwise transfer these Terms of Use or your rights or obligations under it without Sound Mark’s prior written consent, and any attempted assignment or other transfer in violation of this provision shall be null and void. Sound Mark may assign these Terms of Use or any rights under these Terms of Use without your consent and without notice. Nothing in these Terms of Use may be used to construe you and Sound Mark as joint venturers, co-employers, partners or agents of each other, and neither you nor Sound Mark has the power to obligate or bind the other in any way whatsoever. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of these Terms of Use shall nonetheless remain in full force and effect. The failure of Sound Mark at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Connecticut without regard to its conflict of law rules. The Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in this Terms of Use. Unless otherwise agreed in writing by you and us, any controversy, claim, action, or dispute arising out of or relating to these Terms of Use, or any alleged breach thereof shall be resolved solely and exclusively by a binding arbitration process administered by the American Arbitration Association (“AAA”). The arbitration hearing shall take place in the State of Connecticut and be conducted in accordance with the AAA’s Commercial Arbitration Rules, with the following exceptions if in conflict: (a) one arbitrator who is a retired judge shall be agreed to by the parties, or if the parties cannot agree, then each side shall submit a list of three names, and the arbitrator shall be chosen by AAA; and (b) each party to the arbitration will pay one-half of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator. The arbitrator shall award to the prevailing party, if any, its costs, expenses, expert witness fees, arbitration fees paid, and attorneys’ fees reasonably incurred in connection with the arbitration. Such arbitration must be commenced within one (1) year after the claim or cause of action arises. Notwithstanding the foregoing, either Sound Mark or you may apply to any court of competent jurisdiction for injunctive relief without breach of this arbitration provision. You irrevocably consent to the jurisdiction of any state or federal court sitting in the State of Connecticut. The terms and conditions set forth in these Terms of Use and any agreements included or referred to in these Terms of Use constitute the final, complete and exclusive agreement with respect to the Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

Headings and captions throughout these Terms of Use are for convenience only and should not be considered part of these Terms of Use. The word “including” means “including without limitation.”

If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Site, please contact us by utilizing the “Contact” link at the top of our Site.

Website Privacy Policy

OUR COMMITMENT TO PRIVACY

Your privacy is important to Sound Mark Partners, LLC and its affiliates (together, “Sound Mark,” “our,” “us,” “we” or “company”). To better protect your privacy, we are providing information explaining our online information practices.

This Website Privacy Policy (this “Privacy Policy”) describes how we gather and use information for visitors of this website. Please read this Privacy Policy carefully. If you do not agree with any of the terms and conditions contained herein, please do not access or otherwise use this website.

This Privacy Policy constitutes a legally binding agreement between Sound Mark and you, the user of this website. By entering and using this website, you acknowledge your acceptance of, and agree to be bound by, the Privacy Policy stated herein, our Terms of Use and all additional terms incorporated by reference herein. If you do not agree to this Privacy Policy, please do not access or use this website.

We do not target our website or services to data subjects in the European Union or the UK, or otherwise monitor the behavior of data subjects in the European Union or the UK (in each case, with the meaning of the EU General Data Protection Regulation 2016/679 and the UK Data Protection Act 2018), and on this basis we do not consider such laws to apply to any personal data submitted by individuals located in the UK or the European Union. Additionally, we are not subject to the requirements of the California Consumer Privacy Act of 2018 based on our current scope of operations and gross annual revenue.

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, Sound Mark’s server collects general data pertaining to users, including the length of time spent on this website, the pages accessed while visiting the website, pages visited immediately before and after the website, and Internet Protocol (IP) addresses. Sound Mark generally does not, however, collect any personally identifiable information such as names, home addresses or e-mail addresses from users of this website, unless a user submits such information to us via our “Contact” page or discloses this information in the “Investor Login” portal.

To the extent that you provide us with any personally identifiable information through or in connection with this website, we may use such information for Sound Mark’s business purposes, but will not disclose any personally identifiable information about you to anyone, except as permitted or required by law or regulation and to service providers. In providing personally identifiable information to Sound Mark, you consent to Sound Mark’s use of such personally identifiable information for the purposes described in this Privacy Policy. You may access any personally identifiable information we have about you by contacting us through the “Contact” page of this website.

Unfortunately, the transmission of information and data via the Internet is not completely secure. Although we make an effort to protect your personal data, we cannot guarantee the security of any information or data transmitted to or through our website; any transmission of information or data by you to or through this website is at your sole risk.

CAPACITY

You represent to Sound Mark that you have the authority to visit this website according to the Terms of Use. This website is only intended for individuals who are at least 18 years of age. We do not knowingly encourage or solicit visitors to this website who are under the age of 18 or knowingly collect personal information from anyone under the age of 18 without parental consent. If we learn we have collected or received personal information from an individual under the age of 18, we will delete that information.

COOKIES

Information regarding how you access this website (e.g., browser type, access times and Internet Protocol (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. 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 our Privacy Policy regularly. If we decide to change our 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 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 means that you accept 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.

THIRD-PARTY WEBSITES

This Privacy Policy addresses only the use and disclosure of information that we collect. Our Site may provide links to third-party websites. Please note that Sound Mark does not control or endorse the content in, or policies for, such third-party websites. Any information collected by such third-party websites is not subject to this Privacy Policy, so please read any applicable privacy policies for such third-party websites before using such websites.

MISCELLANEOUS

The provisions in our Terms of Use are hereby incorporated by reference.

This Privacy Policy is intended to cover the collection of information from residents of the United States. This website and the services upon which the website is hosted are located in the United States. For users outside the United States, if you submit personal information using this website, your personal information will be transferred to and stored in the United States. This transfer to the United States is necessary due to the location of Sound Mark and the hosting of this website. By visiting this website and submitting your personal information, you acknowledge that such transfer is necessary in order to: (i) provide you with access to contents of this website; or (ii) provide you with any services in connection with this website. Regardless of where your personal information is collected from or transferred to, it will be treated in accordance with this Privacy Policy. Please note that there are possible risks involved in your personal information being transferred to the United States because the data protection regime may be different to that of your home country. If you do not wish your personal information to be transferred to the United States, please refrain from using this website.

CONTACT US

If you have any questions or concerns about this Privacy Policy, please contact us through the use of this website’s “Contact” page here.