Terms of use

Last Updated: November 12, 2020

This website (the “Site”), is provided by Translink Capital and its affiliates (“Translink,” “we,” “our,” or “us”) to the person accessing the Site (“you,” or “your”).

1. You Agree to These Terms by Using the Site

Your access to, and use of, the Site is subject to these Translink Capital Website Terms of Use (“Terms of Use”) and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use.  Translink may, at any time and without notice, modify these Terms of Use.  If we modify these Terms of Use, we will post the revised Terms of Use on the Site. Your continued use of the Site constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms of Use. You may not modify these Terms of Use except in a writing signed by Translink. These Terms of Use and our Privacy Policy constitute the entire agreement between you and us and govern your use of the Site, and supersede any and all prior agreements, written or oral, between you and us regarding the Site (including, without limitation, any prior versions of these Terms of Use. THESE TERMS OF USE CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 6) AND LIMIT OUR LIABILITY (SECTION 8). If you do not agree and accept, without limitation or qualification, these Terms of Use, you must exit the Site immediately.

2. Permitted Use of the Site

The information and materials on the Site are provided for general informational purposes. The materials on the Site do not constitute an offer or solicitation to buy or sell any security, a recommendation that you purchase or sell any security, or that you pursue any investments. Nothing on the Site is or should constitute any investment, accounting, tax, or legal advice. Translink is not registered as an investment advisor under the Investment Advisers Act of 1940. Past results of Translink’s pooled investment vehicles, investments, or investment strategies are not necessarily indicative of future results. You may use the Site solely for the purpose of learning about Translink services or products. You shall not use, modify, reproduce, display, perform, or distribute the text, graphics, downloads, Trademarks, videos, audio, or images or any other content on the Site for any commercial, non-personal purpose without Translink’s written permission. You shall not interfere with or attempt to interfere with the proper functioning of the Site or use the Site in any way not expressly permitted by these Terms of Use. You shall not attempt to harm the Site, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Site, or interfering or attempting to interfere with use of the Site by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the Site. You shall not make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store or use any content, account information, descriptions, or images. You shall not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site. Any unauthorized use of the Site terminates the licenses granted by us to you pursuant to these Terms of Use. You should assume that everything you see or read on this Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms of Use or in the text on the Site without Translink’s written permission. We do not represent or warrant that any information on the Site does not infringe or violate the intellectual property rights or other proprietary rights of any third party.

3. Notice; Electronic Communications

When you visit the Site or send e-mails to Translink, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

4. Privacy

Translink’s Privacy Policy is incorporated and made part of these Terms of Use. You hereby agree to such Privacy Policy. Any personal data (for example, your name, address, telephone number or e-mail address) that you transmit to the Site by electronic mail or otherwise will be used by Translink in accordance with the Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary.

5. Disclaimer – Warranty

THE SITE, ITS CONTENT, MATERIALS, SERVICES AND PRODUCTS ON THE SITE ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TRANSLINK HEREBY DISCLAIMS ALL WARRANTIES AND INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Translink does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. Translink does not make any warranties or representations regarding the use of the materials on the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. No advice or information, whether oral or written, obtained by you from us or through or from the Site will create any warranty not expressly stated in these Terms of Use. Translink does not make any warranties or representations regarding the security of your personal information. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

6. Indemnification

You agree to indemnify, defend, and hold harmless Translink and its affiliates, and their respective officers, directors, employees, agents, licensors and partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from or arising out of any violation of these Terms of Use by you or any other person accessing the Site using your Internet account.

7. Limitations of Liability


8. Third-Party Links

In an attempt to provide increased value to our visitors, Translink may link to sites operated by third parties (“Linked Sites”). Translink has no control over Linked Sites, all of which may have separate privacy and data collection practices, independent of Translink. Linked Sites are only for your convenience and therefore you access them at your own risk. The availability of any Linked Site is not an endorsement of the content, or any products or services available on such sites, or an endorsement of any Linked Site’s owners, or its providers. You acknowledge and agree that you access these Linked Sites at your own risk. Any interactions or business dealings with advertisers or third parties other than Translink found on or through our Site are solely between you and such advertiser or other third party. Without limiting the foregoing, Translink will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such Linked Site and Translink expressly disclaims any responsibility for such sites. Translink does not endorse the content, or any products or services available, on such sites.

Nonetheless, Translink seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).

9. Trademarks

The trademarks, tradenames, logos, service marks (“Trademarks”) on the Site are registered trademarks of Translink and third parties. You may not use any Trademarks on the Site without our written consent on any product or service, except our own. You may not link to the Site without our prior written consent.

10. Copyright

The Site is owned and operated by Translink. Copyright © 2020, Translink Capital. ALL RIGHTS RESERVED. All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Translink or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Translink and protected by United States and international copyright laws. All software used on the Site is the property of Translink or its software suppliers and protected by United States and international copyright laws. You may not upload, post, reproduce, perform, or distribute in any way any content without obtaining permission of the owner of the copyright, trademark or other proprietary right. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.

11. Export Control

Software and other materials downloaded or otherwise made available from the Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. Translink does not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Control Laws.

12. Law and Jurisdiction

These Terms of Use and your use of the Site are governed by the laws of the State of California, without regard to or application of its conflict of law provisions or your state or country of residence. All disputes under these Terms of Use or related to your use of the Site or our services will be settled through BINDING ARBITRATION, except that you or Translink may exert claims in small claims court if the claim qualifies. Any arbitration will take place in Santa Clara County, California, and administered by one arbitrator by the American Arbitration Association ("AAA") under the AAA's then-current Consumer Arbitration Rules, which can be found at www.adr.org or by calling 1-800-778-7879. The arbitrator has the authority to decide all issues of arbitrability, and there is no judge or jury in arbitration. YOU AND TRANSLINK FURTHER AGREE THAT EACH OF YOU MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. To begin an arbitration process, please send us a letter requesting arbitration and describing your claim to info@translinkcapital.com. Notwithstanding any provision in these Terms of Use to the contrary, if the class-action waiver in this provision is deemed invalid or unenforceable, or if an arbitration is allowed to proceed on a class basis, then neither you nor Translink is entitled to arbitrate the dispute. This arbitration provision is subject to the Federal Arbitration Act. The arbitrator's award shall be binding on you and Translink and may be entered in any court of competent jurisdiction.. Notwithstanding the foregoing, we will at all times have the right to commence proceedings in any other court of our choice with the appropriate jurisdiction for interim injunctive relief. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Site must be brought within one year from the date on which such claim or action arose or accrued.

13. Assignment

Translink may assign its rights and duties under these Terms of Use to any party at any time without notice to you. You may not assign or otherwise transfer the Terms of Use or any right granted hereunder. Any assignment in violation of this section will be null and void.

14. Questions and Feedback

We welcome your questions, comments, and concerns about the Site. Please send us any and all feedback pertaining to the Site to info@translinkcapital.com. If you choose to submit questions, comments, ideas, feedback or the like, you hereby grant us a perpetual, irrevocable, royalty-free, fully paid-up, worldwide right and license to use such questions, comments, ideas, feedback or the like and you agree that we are free to use them for any purpose without any restriction or compensation to you. Our use of such information may include but is not limited to developing, manufacturing and marketing products. By accepting your submission, Translink does not give up any rights to use similar or related feedback, ideas, concepts, know-how, techniques or other information previously known to us, or developed by our employees, or obtained from sources other than you.

15. General

We may terminate your access, or suspend any user’s access to all or part of the Site, without notice, and at any time. Any express waiver or failure to exercise promptly any right under the Terms of Use will not create a continuing waiver or any expectation of non-enforcement. If any provision of these Terms of Use is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms of use will remain in full force and effect. Translink reserves the right at all times to disclose any information as Translink deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Translink’s sole discretion. You agree that Translink may provide notice to you via email, regular mail, or posting notices or links to notices on our Site. A printed version of these Terms of Use and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.