Terms and Conditions

Last updated: March 24, 2023

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Country refers to: New York, United States

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Markin Asset Management, at 411 Theodore Fremd Avenue, Suite 206S, Rye, NY 10580 United States.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and Markin Asset Management regarding the use of this Website.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available on this Website.

  • Website refers to Markin Asset Management, accessible at www.markinfunds.com

  • You means the individual accessing or using this Website, or the company, or other legal entity on behalf of which such individual is accessing or using this Website, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Website and the agreement that operates between You and Markin Asset Management. These Terms and Conditions set out the rights and obligations of all visitors regarding the use of this Website.

Your access to and use of the Website is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Website.

By accessing or using the Website You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Website.

Your access to and use of the Website is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use this Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Website.

Intellectual Property

The Website and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of Markin Asset Management.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks may not be used in connection with any product or service without the prior written consent of Markin Asset Management.

Links to Other Websites

This website may contain links to third-party web sites or services that are not owned or controlled by Markin Asset Management.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Website will cease immediately.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Markin Asset Management be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of this Terms), even if the Company has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

This Website is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Markin Asset Management provides no warranty or undertaking, and makes no representation of any kind that the Website will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; or (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of New York (United States), excluding its conflicts of law rules, shall govern this Terms and Your use of the Website. Your use of the Website may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Website, You agree to first try to resolve the dispute informally by contacting Markin Asset Management.

For European Union (EU) Visitors

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are a resident in.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions are made available to You on our Website in English. You agree that this original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Website after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: