Terms and Conditions

Effective Date: DEC 20, 2021

Your access to and use of the FirstEagle.com Web site (this "Site"), which is owned and operated by First Eagle Investment Management, LLC, shall be governed by the following terms and conditions of usage ("Terms of Usage"). PLEASE READ THESE TERMS OF USAGE CAREFULLY BEFORE USING THIS SITE. NOTE THAT THESE TERMS OF USAGE CONTAIN A CLASS ACTION WAIVER PROVISION THAT REQUIRES THE PARTIES TO RESOLVE ALL DISPUTES ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES RELATING TO THE OPERATION OR USE OF THE SITE.

By clicking “I Accept”, or by accessing or using our Site, you agree to the Terms of Usage. If you do not agree to all of these Terms of Usage, including the class action waiver described below, you may not access or use the Site.

We reserve the right to change our Terms of Usage at any time. Any changes that we make will become a part of our agreement with you when they are posted to our Site. Your continued use of our Site will constitute your agreement to the changes we have made. If we make material changes, we will post the amended Terms of Usage to our Site and update the “Effective Date” date above. We may also notify you by sending an email notification to the address associated with your account (if you have an account) or providing notice through our Site. Revisions are effective and binding when posted on the Site. The last date these Terms of Usage were revised is set forth at the top of these Terms of Usage.
 

Purpose

This Site is provided solely for the purpose of providing information about First Eagle Investment Management, LLC and its affiliates, including, without limitation, FEF Distributors, LLC, First Eagle Alternative Credit, LLC and First Eagle Separate Account Management, LLC (collectively, the "FEIM Group Companies"), and to provide customers of the FEIM Group Companies with access to information regarding their accounts.

The information provided on this Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the FEIM Group Companies to any registration requirement within such jurisdiction or country.

The FEIM Group Companies are not utilizing this Site to provide investment or other advice to you or any other party, and no information or material at this Site is to be relied upon for the purpose of making or communicating investment or other decisions.

Neither the information nor any opinion contained on this Site constitutes investment advice or a solicitation by the FEIM Group Companies for the purchase or sale of any securities, futures, options or other financial instruments or to provide any investment advice or service.

IF YOU ARE IN ANY DOUBT AS TO WHETHER THIS SITE CAN BE LAWFULLY USED BY YOU DO NOT USE THIS SITE.

The information on this Site has been compiled from both internal and external sources. The FEIM Allied Companies use reasonable efforts to make sure that the information appearing on this Site is accurate and up-to-date.

However, the FEIM Allied Companies do not represent or warrant that the information contained herein is accurate or complete.

Privacy Policy

The information on this Site has been compiled from both internal and external sources. The FEIM Group Companies use reasonable efforts to make sure that the information appearing on this Site is accurate and up-to-date. 

However, the FEIM Group Companies do not represent or warrant that the information contained herein is accurate or complete.

Structure & Links

This Site may contain hyper-links, which allow you to click-through to pages on third party sites (Linked Sites).

If you click-through to any Linked Site, either directly or indirectly through this Site, you acknowledge and agree that you shall be subject to the terms and conditions of usage and privacy policies applicable to such Linked Site.

Linked Site Disclaimer

The FEIM Group Companies provide links to the Linked Sites only as a convenience and without any obligation on the part of the FEIM Group Companies to review such Linked Sites or liability arising out of your use thereof.

The fact that you may click-through to Linked Sites does not mean that the FEIM Group Companies endorse or guarantee such Linked Sites, the Linked Sites' sponsors or the Linked Sites' content. Any and all content to which you link, either directly or indirectly, from this Site will not have been developed, reviewed or monitored by the FEIM Group Companies, and the FEIM Group Companies cannot and do not guarantee or make any representation or warranty, either express or implied, as to the accuracy, validity, sequence, timeliness, completeness or continued availability of any such content.

Appropriate Use of Site

You agree to use the Site in accordance with all applicable laws and to be solely responsible for your conduct while accessing or using our Site. In addition, without limitation, you will not, directly or indirectly, do any of the following while using or accessing the Site:

  • Use or attempt to use another user’s account without authorization from that user and the FEIM Group Companies.
  • Copy, reproduce, sell, rent, lease, distribute, transfer, modify or make derivative works from the Site or any Site Content.
  • Remove, alter or tamper with any copyright, trademark or other proprietary rights or legal notices contained in any Site Content obtained from the Site.
  • Decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive any proprietary software code or information associated with the Site.
  • Use the Site in any manner that could interfere in any way with the operation of the Site or any server, network or system associated with the Site, including by: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the Site or any server, network or system associated with the Site; breaching or circumventing firewall, encryption, security or authentication routines; accessing data not intended for you, or accessing another's account that you are not expressly authorized to access.
  • Use any automated program, tool or process (including web crawlers, robots, bots, spiders, and automated scripts) to access the Site or any server, network or system associated with the Site, or to extract, collect, harvest or gather Site Content or information from the Site.
  • Frame or otherwise create a browser or border environment around any page or content of the Site, or deep-link to any internal page or area of the Site.
  • Make any other use of the Site that violates these Terms of Usage or any applicable law.

Posted Guidelines

In addition to these Terms of Usage, when using this Site, you shall be subject to and agree to follow any posted guidelines or rules, which may be posted on this Site from time to time.

Passwords

The password protected areas of this Site, and the information contained on or through this Site may be accessed only by persons who have been authorized by an FEIM Group Company to use such areas pursuant to these Terms of Usage and solely based on written representations and warranties such persons have given to an FEIM Group Company. The password assigned to you is for your use only and you are solely responsible for the safekeeping of your password.

You are responsible if your password is lost, stolen or misused and you must notify us immediately if any of these events happen. You will be responsible for all activity attributable to your password including for any adverse regulatory or other consequences for the FEIM Group Companies or any of their other customers arising as a result of any unauthorized use of your password.

Right to Terminate User Access

The FEIM Group Companies reserve the right to limit, restrict and terminate your access to, and use of, this Site at any time, in whole or in part, in its sole discretion and without notice.

Disclaimer of Warranty and Limitation of Liability

THE SITE AND ALL SITE CONTENT PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. YOUR USE OF THIS SITE AND ANY SITE CONTENT CONTAINED THEREIN, OR ANY LINKED SITE IS ENTIRELY AT YOUR OWN RISK. ALTHOUGH THE INFORMATION ON THIS SITE IS OBTAINED OR COMPILED FROM SOURCES THE FEIM GROUP COMPANIES BELIEVE TO BE RELIABLE, FEIM GROUP COMPANIES CANNOT AND DO NOT GUARANTEE OR MAKE ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY, VALIDITY, SEQUENCE, TIMELINESS, COMPLETENESS OR CONTINUED AVAILABILITY OF ANY INFORMATION OR DATA MADE AVAILABLE ON THIS SITE OR ON ANY LINKED SITE. IN NO EVENT SHALL ANY OF THE FEIM GROUP COMPANIES BE LIABLE FOR ANY DECISION MADE OR ACTION OR INACTION TAKEN BY YOU IN RELIANCE ON ANY INFORMATION OR DATA ON THIS SITE OR ON ANY LINKED SITE. THE FEIM GROUP COMPANIES FURTHER EXPLICITLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE FEIM GROUP COMPANIES, SUPPLIERS OF THIRD-PARTY CONTENT AND ANY OTHER THIRD PARTY WORKING WITH THE FEIM GROUP COMPANIES SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGES OR LOSS (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND ANY AND ALL OTHER FORMS OF DAMAGES OR LOSSES REGARDLESS OF THE FORM OF THE ACTION OR THE BASIS OF THE CLAIM) CAUSED OR ALLEGED TO BE CAUSED IN CONNECTION WITH YOUR USE OF THIS SITE WHETHER OR NOT FORESEEABLE, EVEN IF THE FEIM GROUP COMPANIES, SUPPLIERS OF THIRD-PARTY CONTENT OR OTHER THIRD PARTIES WORKING WITH THE FEIM GROUP COMPANIES IN CONNECTION WITH THIS SITE HAVE BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE REMEDY AGAINST THE FEIM GROUP COMPANIES FOR ANY DISSATISFACTION OR DISPUTE ARISING OUT OF THE SITE OR ANY SITE CONTENT PROVIDED THEREIN IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Computer Viruses

The FEIM Group Companies are not responsible for any computer virus or related problems which may be attributable to this Site.

Internet Security

You understand and agree that the FEIM Group Companies utilize a variety of electronic networks, including the Internet, to transport data and communications. Complete confidentiality and security is not yet possible over the Internet and the transmission of any data on any electronic network may be subject to delay, interruption, interception, blackout or inaccuracy. The FEIM Group Companies advise you that the Internet is not a secure medium and privacy cannot be ensured. You agree that neither the FEIM Group Companies nor any third party working with the FEIM Group Companies in connection with this Site shall be responsible for any kind of loss or damage caused by any such event or by communications line failure, interception by third parties, unauthorized access, theft, systems failure, service interruption, or other occurrence beyond their control, or from any other cause relating to your access to, inability to access or use of this Site, whether or not the circumstances giving rise to such cause may have been within the control of the FEIM Group Companies or any third party working with the FEIM Group Companies in connection with this Site.

Encryption

The FEIM Group Companies may use encryption technology to protect certain transmissions of data to/from this Site, but e-mail and other communications, unless otherwise noted on this Site, are not encrypted to/from this Site. Therefore, you should not send any personal or identifying information, such as account numbers, credit card numbers, Social Security numbers, passwords, etc., to the FEIM Group Companies via e-mail. Your use of e-mail or other electronic communication means you acknowledge that you have no expectation of privacy with respect to the information delivered thereby and that the FEIM Group Companies will not be responsible for any loss or damage that could result from interception by third parties of any information so sent.

Reservation of Rights

Site Content

All content and information contained within this Site or delivered to you in connection with your use of this Site (including all text, graphics, audio, video, icons, software code and trade secrets, as well as the overall organization, design, look, feel and appearance of this Site) (collectively, the "Site Content") is protected under applicable patent, copyright, trademark and other intellectual property laws (collectively, "Proprietary Rights"), both as individual works and as a compilation. The FEIM Group Companies do not waive any of their Proprietary Rights in this Site or in any Site Content, and the availability of any Site Content shall not, under any circumstance, constitute a transfer of any Proprietary Rights of the FEIM Group Companies or any of their licensors to any user or any other third party.

Printing and Downloading

If you download any information from this Site for your personal non-commercial use, you agree that you will not remove or obscure any copyright or other notices contained in any such information. You may not copy, republish, redistribute, transmit, participate in the transmission of, create derivatives of, alter, edit or exploit in any manner any material from this Site, including by storage on retrieval systems, without the express written permission of the FEIM Group Companies.

Miscellaneous

Entire Agreement

These Terms of Usage constitute the entire agreement of the parties hereto with respect to the subject matter hereof and supersede all prior agreements and undertakings, both written and oral, between the parties with respect to the subject matter hereof.

Severability

If any term or other provision of these Terms of Usage is invalid, illegal or incapable of being enforced by any law or public policy, all other terms and provisions of these Terms of Usage shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party.

Release

To the fullest extent permitted by applicable law, you release the FEIM Group Companies from responsibility, liability, claims, demands, and/or damages of every kind and nature, in any way arising out of or related to the operation, or your use, of the Site or any Site Content that in any way arise out of or related to the acts or omissions of third parties (“Third Party Disputes”). If you are a California resident, you hereby waive any rights you may have arising out of these Terms of Usage under California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her would have materially affected his or her settlement with the debtor or released party.” You also waive any rights you may have with respect to Third Party Disputes under any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Indemnification

You hereby agree, at your own expense, to indemnify, defend and hold the FEIM Group Companies and their officers, directors, members, principals, investors, agents and employees (the “FEIM Parties”) harmless from and against any and all liability costs incurred by these parties in connection with any claim arising out of any breach by you of these Terms of Usage or any of the representations, warranties and covenants made by you herein, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required or requested in the defense of any such claim. The FEIM Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the FEIM Parties.

Governing Law Forum

These Terms of Usage shall be governed in all respects by the laws of the State of New York, without giving effect to principles of conflicts of law, and any litigation arising out of or connected in any way with these Terms of Usage shall take place on an individual basis in a State or Federal court of competent jurisdiction in New York County, State of New York. Notwithstanding the foregoing, however, you and the FEIM Group Companies agree that the FEIM Group Companies may commence and maintain an action or proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction. If any provision of these Terms of Usage is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Usage remain in full force and effect.

Waiver of Jury Trial

YOU AND THE FEIM PARTIES WAIVE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY ACTIONS OR PROCEEDINGS DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER, OR IN CONNECTION WITH, THESE TERMS OF USAGE.

Waiver of Right to Pursue Class Action Claims

YOU AND THE FEIM PARTIES AGREE THAT EACH MAY BRING CLAIMS OR OTHERWISE RESOLVE ANY DISPUTES AGAINST THE OTHER PARTY ONLY ON AN INDIVIDUAL BASIS, AND WAIVE ANY RIGHT TO PURSUE ANY CLAIMS AS A PLAINTIFF OF CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. FURTHER, YOU AND THE FEIM GROUP COMPANIES AGREE THAT ANY DISPUTE WILL NOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF YOU OR ANY OTHER INDIVIDUAL OR GROUP OF INDIVIDUALS.

Contact Us

If you have a question or comment regarding these Terms of Usage, please contact us via email or at the address below: