Terms and Conditions

 

Please read these Terms and Conditions thoroughly as they contain important information about your legal rights in connection with the use of the electronic communications systems available through Goldner Hawn Johnson & Morrison Incorporated and Goldner Hawn LP (collectively “Goldner Hawn”), and their affiliated private funds Trailhead Fund, Goldner Hawn Fund VII, L.P., and Goldner Hawn Fund VIII, L.P. (Private Funds).  These Terms and Conditions regard your accounts, investments and services with or provided by Goldner Hawn and their affiliated Private Funds (collectively, “we”, “us”, and “our”) and certain disclosures and documents regarding those accounts, investments and services accessible, either currently or in the future, through a personal computer, our website, a third party website service provider contracted by Goldner Hawn, electronic mail to your e-mail address, or other electronic means.  These include, but are not limited to, the following account or services disclosures and information:  Schedules K-1 and other tax information relating to your investments, Privacy Notices, account holdings and statements; investment advisory disclosures and other services for which information or disclosures are required to be provided pursuant to the Internal Revenue Code and Regulations, Gramm Leach Bliley Act, federal or state securities laws and any other applicable law.  The words, “I”, “you” or “your” mean each investor in the Private Funds or service user identified on the investment account or subscription agreement for any Private Fund.

 

(1)  Confidential and Not for Public Distribution

 

This information is confidential, proprietary and is intended for your use only.  This information is not to be reproduced or re-circulated.  This information is not intended for public use or distribution.  By consenting to these Terms and Conditions, you agree to maintain the confidentiality of the information.  

To the extent you have asked to have access to the Goldner Hawn Fund VIII dataroom, you are advised that it includes financial information and reports and other historical information regarding financial performance, other investment metrics and/or investment processes of Goldner Hawn (the “Example Materials”).  Any such Example Materials are provided as a courtesy, as samples, e.g., of the reporting provided to current investors or of materials used in Goldner Hawn’s investment due diligence, underwriting, investment committee and monitoring processes. These documents are not intended, and must not be used, for any other purpose.  They do not constitute a solicitation with respect to any Private Fund or an offer of investment advisory services, and were not prepared for any prospective investor.  To the extent that such Example Materials contain references to the historical performance of a Private Fund or any investment thereof, investors must consider the information therein only in the broader context of the other information prepared by Goldner Hawn, and particularly subject to the gross, net and other performance disclosures and data contained in the “Advertisements” (within the meaning of Rule 206(4)-1 of the Investment Advisers Act of 1940, as amended) in this dataroom, namely the Memorandum, the Due Diligence Questionnaire and the Pitchbook.

 

(2)  Legal Rights

 

Certain laws and regulations require us to provide specific information to you in writing, which means you have the right to receive that information on paper.  We may provide such information to you electronically if we first provide you with adequate notice of these Terms and Conditions disclosing your rights with respect to such electronic communications and obtain your consent to receive the information electronically.  Your consent will also apply to any other person named on your investment account or service agreement subject to applicable law.  You must consent to these terms and conditions in order to access and use the electronic services available through a third party website service provider contracted by Goldner Hawn.  We may still provide paper communications to you, however, we need to know that you are willing to receive communications electronically that we may otherwise be required to provide to you on paper and that you have the hardware and software needed to access this information.  Please note that you have the right to withdraw your consent at any time by following the procedures outlined within these Terms and Conditions and to elect to receive the information only in paper form. (See Section 5 below regarding withdrawal of consent).

 

(3)  Types of Communications You Will Receive or Will Be Accessible to You

 

By consenting to these Terms and Conditions you understand and agree that we may provide to you in electronic format certain information you can access through the use of a third party website service provider contracted by Goldner Hawn regarding your accounts and services by entering your assigned login information provided to you at registration.  The information available to you will include, but not be limited to, agreements, tax information, disclosures, and other information and communications regarding your investments and the services we provide (Communications).  This consent shall apply to all future Communications unless you revoke your consent.  Such Communications may include, but are not limited to:

 

(4)  Types of Communications You Will Receive on Paper

 

We may determine, in our sole discretion, that we are required to deliver certain Communications in paper form under applicable law or that you should receive such Communications in paper rather than electronic form.  Such communications shall be mailed to the primary address we have on file for you in our books and records or otherwise delivered as required or permitted by law or governing agreement.  It is your obligation to provide us with updated contact information in order for us to provide you with timely Communications.  Please provide updated information to us at the addresses listed in Section 5 below.

 

(5)  Hardware and Software Requirements

 

ShareFile is accessible by any computer with a supported web browser and an Internet connection. In order to utilize all features and functions of the ShareFile web application, we recommend the following browser types.

Officially Supported Internet Browsers for ShareFile:

Microsoft Edge  - Latest Version. Due to a Known Microsoft Issue, CIFS connectors cannot be accessed from the Microsoft Edge browser when utilizing NetScaler for authentication. Important: ShareFile password reset uses the reCAPTCHA tool for verification. reCAPTCHA is not supported by Microsoft Edge. See ShareFile No Password Reset in Microsoft Edge for more information.

Mozilla FireFox- Latest Version

Google Chrome- Latest Version

Apple Safari - Version 10 or newer. Due to issues displaying certain folders and menus, the ShareFile web application may not be accessible via Safari in Private Browsing mode.

Internet Explorer - Starting June 15, 2022, the Internet Explorer 11 desktop application will no longer be supported. Citrix ShareFile customers are advised to utilize a supported browser before that date. For more information,

You must be able to receive e-mail and have provided us with a valid e-mail address. You must have or have access to a computer and operating system that can support these functions and software, and that permits you to either save files on a storage device for later reference or is connected to a printer that will print out information displayed on your Internet browser. 

 

(6) How to Withdraw Your Consent

 

You may withdraw your consent by e-mailing us at reporting@goldnerhawn.com or writing to us at the following address:

 

Goldner Hawn

Attn: Investor Reporting

90 South 7th Street, Suite 3700

Minneapolis, MN  55402

 

If you withdraw your consent for electronic receipt of Schedule K-1 we will cease providing to you electronically Schedule K-1. If you withdraw your consent for all Communications we will cease providing to you electronically (including by e-mail) all Communications. Your withdrawal will take effect on the date it is received by us and we will confirm your withdrawal in writing to your address in our books and records. Any withdrawal of consent does not apply to a statement that was furnished electronically to you prior to the date on which the withdrawal of consent takes effect. If you have previously declined to consent to electronic-only delivery of Schedule K-1, such declination will continue to be valid, is not over-ridden by accepting these Terms and Conditions, and there is no need to provide an additional notice.

 

To consent to these terms and Conditions please check the box next to Goldner Hawn Terms and Conditions on the login page. If you do not accept the Terms and Conditions, you will not be permitted to access the information through the third party website, nor will we be able to provide you with electronic delivery of Communications by e-mail.