Visitors to the Site are subject to our data collection and usage policies. When you access or use our Site and web-based applications, you acknowledge that you have read this Policy, understand the contents of this Policy, and agree to the terms of this Policy. Your use of our Site and any dispute over privacy is subject to this Policy. This Policy applies to Personal Information (as defined below) we obtain from you through our websites, products, services, and web-based applications (collectively, the “Services”)
Follow one of the links below to jump to the listed section of this Policy:
Information We Obtain and How We Use It.
The following are examples of the type of Personal Information that may be collected through your interactions with our Site: your first and last name, physical address, telephone number, e-mail address, and/or information concerning your income for purposes of qualifying as an accredited investor. Your interaction with our Site will determine the specific type of information collected.
In order to provide you with the most personalized service and attention, and to accommodate certain requests, we request Personal Information about you in certain circumstances and collect certain non-personal information automatically. Here are ways you may provide the information and the types of information you may submit.
Personal Information You Submit to Us.
We collect Personal Information that you volunteer to us when you fill in information on forms or send us an email to request information about us. In most cases, an asterisk (*) indicates the required information on our forms. You may choose to provide additional information within fields that are not required. We may use the information you submit to respond to your inquiry, ask you a question about your inquiry, provide announcements about our company, or conduct surveys.
You should be aware that the Site may contain links to other websites, and we are not responsible for the content or privacy practices of such third party sites or their operators.
Data We Obtain by Automated Means.
Cookies are small text files that websites send to your computer or other Internet-connected devices to identify your browser uniquely or to store information or settings in your browser. These cookies are used to recognize repeat visitors, permit access to and use of websites, and allow websites to track usage behavior and compile data that will allow content improvements and targeted advertising. Your browser may tell you when you receive certain types of cookies and how to restrict or disable certain cookies. Information of this nature collected by us shall be used for statistical purposes only. Please note that without cookies, you may not be able to use all of the features our Site. Non-cookie-based tokens, or encoded URL-based identifiers that track e-mail click-thru activity or time-sensitive password reset keys, will work in scenarios where cookies are disabled or a session has not been initiated.
Our web servers may log information such as your operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone where your device is located. The web server logs may also record information such as the address of the web page that referred you to our Site and the IP address of the device you use to connect to the Internet. Our web server logs may also log information about your interaction with the Site, such as which pages of our Site you visit. To control which web servers collect information by automated means, we may place tags called “web beacons”―small files that link web pages to particular web servers and their cookies. We may also collect information from your browser, such as your browsing history, and use it in conjunction with data gathered from forms and e-mails to help us understand and respond to your needs.
To learn how to opt out of Google Analytics, visit: https://tools.google.com/dlpage/gaoptout.
We use information collected online through cookies, non-cookie-based tokens, web beacons, and other automated means for many purposes, such as customizing and enhancing your experience on our Site, facilitating the use of our Site, collecting statistics about your visits to our Site, and understanding how our visitors browse our Site. We also use the information to help diagnose technical and service problems, administer our Site, and identify visitors to our Site consistent with this Policy. We use clickstream data to determine how much time our visitors spend on the web pages of our Site, how our visitors navigate through our Site, and how we may enhance our Site to meet our visitors’ needs.
“Do Not Track” Signals.
You should be aware that some websites do keep track of your browsing activities when they serve you content, which enables them to tailor content that they present to you. Your browser may allow you to transmit a Do Not Track (“DNT”) signal to websites and online services you visit. Like many other websites and online services, our Site does not currently process or respond to DNT signals from your browser or other mechanisms that enable choice. Personal information about our visitors’ online activities over time and across third-party websites may be collected by us, our affiliates, and our service providers.
Social Media Widgets.
Our Site includes social media functions, such as the Facebook and LinkedIn widgets. These widgets may collect information about which pages visitors visit on our Site and the IP address of the device visitors use to connect to the Internet. The widgets may also set a cookie to ensure the features are functioning properly. Social media functions and widgets are hosted by either a third party or directly on the Site. Your interactions with the social media functions and widgets located on the Site are governed by the privacy policies of the companies that provide them. If you use any of the social media functions or widgets on our Site, we strongly suggest you review the privacy policies of the companies that provide those functions and features.
For our Site visitors who are LinkedIn members and who visit our Site from LinkedIn, our Site may use tracking pixels―transparent graphic images placed on webpages. These tracking pixels, in combination with cookies, collect information contained within your LinkedIn profile as well as your access of and interaction with the web pages that contain the pixels.
Other Uses of Information.
We do not sell, rent, or lease your personal information to third parties.
We reserve the right to use or disclose any information without notice or consent for the following purposes: as needed to satisfy any law, regulation, or other authorized request; to conduct investigations of consumer complaints or possible breaches of law or contract; to protect the integrity of our Site and our property; to protect the safety of our visitors or others; to fulfill your requests; or to cooperate in any legal investigation.
Security of Your Personal Information.
We incorporate standard industry practices internally and with our service providers that we believe suits the degree of sensitivity of the information involved to maintain the security of your Personal Information and to avoid its disclosure except as described in this Policy.
Although we have implemented systems and procedures to secure the data maintained by us, security during Internet transmissions can never be assured. Our policy is to limit access to Personal Information to our employees or agents with a specific need to access or retrieve this information. We store data on multiple service systems in controlled environments. To maintain security, we conduct internal reviews of our security measures on a regular basis. Remember, however, that any Personal Information you post on the internet is available to anyone.
This Site is not intended for the use of children under thirteen (13) years of age, and Napali Capital does not knowingly collect or accept personally identifiable information from children under thirteen (13) years of age.
Resolution of Disputes.
Agreement to Arbitrate. By using this Site, you are hereby agreeing to the following:
(a) Arbitration is final and binding on the parties. All parties to this Policy are giving up the right to sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed.
(b) The parties waive their right to seek remedies in court, including the right to a jury trial. Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited.
(c) Pre-arbitration discovery is generally more limited than and different from court proceedings. The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings.
(d) The arbitrators’ award is not required to include factual findings or legal reasoning and any party’s right to appeal or seek modification of rulings of the arbitrators is strictly limited. The arbitrators do not have to explain the reason(s) for their award.
(e) The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court.
(f) The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this Policy.
Arbitration Process. If a dispute, controversy or claim, of any kind and every kind or type, whether based on contract, tort, statute, regulations, or otherwise, arising out of, or connected with, or relating in any way to this Policy, or the relationship of the parties, or the obligations of the parties, or the operations carried out under this Policy, including without limitation, any dispute as to the existence, validity, construction, interpretation, negotiation, performance, non-performance, breach, termination, or enforceability of this Policy, or the breach thereof, including claims involving Napali Capital, its managers, and the officers, employees, contractors, consultants and affiliates of the managers including, but not limited to Thomas Black, M.D., Timothy Black and Abel Sng (any one of which constituting the “Dispute” ), and if the Dispute cannot be settled through direct discussions (in the opinion of any party), the parties agree to first endeavor to settle the Dispute in an amicable manner by mediation under the Commercial Mediation Rules of the American Arbitration Association (“AAA” ), before resorting to arbitration. If the Dispute is not settled by mediation within thirty (30) days of written request for mediation by any party to AAA, then and thereafter any unresolved Dispute, including the arbitrability of any unresolved Dispute, shall be settled by arbitration administered by the AAA in accordance with the then current Commercial Arbitration with the award being final and binding. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any provisional remedy which would be available from a court of law shall be available from the arbitrator(s) to the parties to this Policy pending arbitration. Civil discovery shall be permitted for the production of documents and taking of depositions. The arbitrator(s) shall be guided but not controlled by the Texas Rules of Civil Procedure in allowing discovery and all issues regarding compliance with discovery requests shall be decided by the arbitrator(s). The arbitrator(s) may impose sanctions and take other actions with regard to the parties that the arbitrator(s) deem appropriate to the same extent that a judge could pursuant to the Texas Rules of Civil Procedure. The Federal Arbitration Act shall govern all arbitration proceedings under this Policy. This Policy shall in all other respects be governed and interpreted by the laws of the State of Texas, including its statutes of limitation but excluding any conflicts or choice of law rule or principles that might otherwise refer construction or interpretation of this Policy to the substantive law of another jurisdiction. The arbitration shall be conducted in Tarrant County, Texas, by one neutral arbitrator chosen by AAA according to its Commercial Arbitration Rules. Neither party nor the arbitrator(s) may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties. All fees and expenses of the arbitration shall be borne by the parties equally who shall make deposits as requested by AAA of each party’s share of the deposits requested. Failure or refusal by a party to pay its share of the requested deposits shall constitute a waiver by the non-paying party of its rights to be heard, present evidence, cross-examine witnesses, and assert counterclaims in the arbitration. Informing the arbitrator(s) of a party’s failure to pay its share of the requested deposits for the purpose of implementing this waiver provision shall not be deemed to affect the arbitrator’s impartiality, neutrality, independence, or ability to proceed with the arbitration. However, each party shall bear the expense of its own counsel, experts, witnesses, and preparation and presentation of proofs. This Policy to arbitrate shall survive the termination or repudiation of this Policy. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NO PARTY MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER PARTNERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
Opt-Out & Unsubscribe.
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. You may opt-out of receiving any or all communications from Napali Capital by contacting us here:
– Web page: www.napalicap.com/contactus
– Email: firstname.lastname@example.org
– Phone: 214-676-0562
How to Contact Us.
We welcome your questions or comments about this Policy. If you believe that Napali Capital has not adhered to this Policy, please contact us using one of the methods below.
Write Us At:
950 E. State Highway 114, Suite 160
Southlake, Texas 76092
Email Us At: email@example.com
Call Us At: 214-676-0562
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