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Wyndham Global Partners’ Terms of Use and Privacy Policy

TERMS OF USE

Restrictions on Use and No Advice

The confidential material contained in this Website is intended only for financially sophisticated investors and is solely for their private use. The material contained in this Website does not constitute any offer or sale or any form of general solicitation or general advertising of interests in Wyndham’s funds described in this Website. Such funds rely on private placement exemptions to registration under the Securities Act of 1933, as amended (or the securities laws of any states) and have not been registered as investment companies under the Investment Company Act of 1940. Wyndham is not registered as an investment adviser under the Investment Adviser Act of 1940.

Username and Password

Certain areas of this Website are password-protected and are only available for use by Wyndham’s clients, or other authorized persons. These portions of the Website are intended solely for those individuals and entities that have been authorized access. Those users who have been granted access to such portions of the Website are required to acknowledge, by clicking on the “I Agree” button, that they have read and agreed to this Terms of Use and Privacy Policy statement. Such users further acknowledge and agree that they are strictly prohibited from sharing or disclosing their username or password with any third parties.

Ownership of Content

All text, images, graphics, sounds and software code (“Content”) on the Website are copyrighted property of Wyndham or others. They may only be used for the personal education of visitors to the Website and they may not be placed in the public domain. You may not reproduce, redistribute, publish or otherwise use by electronic or any other means any of the Content without Wyndham’s prior written consent.

Trademarks

WYNDHAM, EXECUTIVE TEAM NETWORK, ETN and other marks indicated on the Website are trademarks or service marks of Wyndham or its affiliates. They may not be used or displayed without the prior written consent of Wyndham. All other trademarks, service marks and company names and logos appearing on the Website are the property of their respective owners.

Non-United States Visitors

Given the global nature of the Internet, the Website may be accessed by visitors residing outside of the United States. We make no representations or warranties that the Website is appropriate or available for use in countries outside of the United States or complies with the laws applicable in those countries. Visitors who choose to access the Website from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.

Disclaimer of Warranties

You expressly acknowledge and agree that:
(a) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WYNDHAM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
(b) WYNDHAM DOES NOT WARRANT OR REPRESENT THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY INFORMATION, SERVICES OR OTHER MATERIAL OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS, (v) THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (vi) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR OBTAINING OF ANY SUCH MATERIAL. YOU (AND NOT WYNDHAM OR ANY OF ITS AFFILIATED COMPANIES OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE OR ANY OF THE SERVICES AVAILABLE ON THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

Limitation of Liability

Wyndham and its affiliates, officers, agents, partners and employees shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use this Website and services or resulting from any information or services obtained or messages received or transactions entered into through the Website or resulting from unauthorized access to or alteration of your transmissions of data, including, but not limited to, damages for loss of profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
If you are dissatisfied with any portion of this Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this Website.

Applicable Law

This Terms of Use and Privacy Policy statement will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to any use of this Website will be filed only in the state or federal courts located in New York County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Links to Third Party Websites