Pellegrino, LLC

Terms of Use

Introduction

Welcome to the website of Pellegrino, LLC (“Site”). By accessing, browsing or using the Site, you acknowledge that you have read, understood and agree to be legally bound by these Terms of Use (“Terms”) and applicable laws and regulations. Pellegrino, LLC (“us”, “we” or “our”) reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms at any time. The continued use of this Site following posting of changes will mean that you accept and agree to those changes. If you do not agree with these Terms, please do not use this Site.

About Pellegrino, LLC

Pellegrino, LLC is a limited liability business law firm located in Wenonah, New Jersey dedicated to the investment management industry and practitioners throughout the United States. The firm’s scope of legal advice includes assisting investment advisers and money managers, investment companies, independent directors and trustees, and members of the service provider community throughout the industry. Our attorney, Mr. Michael Pellegrino, applies major law firm and administrative experience plus business acumen to provide clients with cost-effective, on-point legal counsel focusing on concrete business solutions. Please feel free to contact us directly at 4 East Cherry Street, Wenonah, N.J. 08090, telephone 856-292-8331 or direct fax 856-504-0202 for additional information or to set up a consultation.

Acceptance of Terms

You agree to be bound by and to use the Site subject to these terms and conditions of use (“Terms of Use”). You represent and warrant that (i) you are at least 18 years old; and (ii) you have all necessary legal authority, power and capacity to accept these Terms on behalf of yourself or any legal entity you represent. If you do not qualify, do not make a reservation, nor use the Site.

Modifications to these Terms of Use

Pellegrino, LLC (the “Company”) may at any time rewrite, modify or update these Terms at its sole discretion. Such changes will be effective immediately when posted on the Site. Your continued use of the Site after any changes are posted will constitute your acceptance of the Terms as modified.

Legal Disclaimer

The contents and material on this Site are for informational purposes only and are not, nor are they intended to be, legal advice or to create an attorney-client relationship between you and Pellegrino, LLC. You should not act or rely on any information contained in this Site without first consulting with an attorney specifically about your circumstances. Use of this Site and/or transmission, receipt or processing of any such information will not create or constitute an attorney-client relationship. Pellegrino, LLC expressly disclaims all liability with respect to actions taken or not taken based on any or all the contents of this Site.

Scope of Services

Pellegrino, LLC (the “Firm”) offers legal counsel and representation to investment advisers, money managers, investment companies as well as independent directors and trustees of investment companies and vendors in the financial services industry. The Firm’s services include advice with respect to contract negotiation and drafting, regulatory and compliance related guidance as well as assistance with a broad array of covered investment products. Descriptions of the Firm’s services are set forth in the Site. Content provided throughout the Site is not an offer, or attempt to solicit an offer, to provide legal services in any state where such provision of services would be unlawful.

User Obligations

By visiting this Site, you agree to restrict your use of the Site to those purposes that are legal in nature and that are not prohibited under these Terms. You agree not to:

  • Use the Site for any purpose that is unlawful or prohibited by any federal, state or local law or regulation.
  • Impersonate or attempt to impersonate another person or entity, or misrepresent your affiliation with any person or entity.
  • Transmit or procure the sending of any advertising, promotional material or solicitation without our prior written consent.
  • Interfere with and disrupt the operation of the Site, servers or networks connected to the Site, or that are accessible through the Site.
  • Attempt to gain unauthorized access to any portion of the Site or feature of the Site, or any other systems or networks connected to the Site or its servers.

Intellectual Property Rights

All content on this Site, including but not limited to text, graphics, logos, images, audio and video materials, and software, is owned by Pellegrino, LLC or its content suppliers and is safeguarded by U.S. and international copyright, trademark, patent, and other intellectual property laws. Reproduction, distribution, modification, display, performance, publication, licensing, creation of derivative works from, transfer, or sale of any information or material, in whole or in part, obtained through the Site is prohibited without the express written permission of Pellegrino, LLC.

Limited License and Site Access

Pellegrino, LLC hereby grants a limited, non-exclusive, non-transferable, and revocable license for individuals to access and utilize the Site strictly for personal or internal business purposes, contingent upon adherence to these Terms. It is important to note that this license expressly excludes any resale or commercial utilization of the Site or its content; any collection or utilization of product or service listings, descriptions, or prices; any derivative use of the Site or its content; as well as any employment of data mining, robots, or other analogous data gathering and extraction tools.

No Attorney-Client Relationship

Pellegrino, LLC does not enter into an attorney-client relationship with you by your use of this Site or by your further communication with Pellegrino, LLC through this Site or through e-mail, unless and until an engagement letter has been signed by you and Pellegrino, LLC memorializing the creation of this attorney-client relationship. You should not transmit confidential, privileged or sensitive information to Pellegrino, LLC through this Site or otherwise, unless you have been authorized to do so as a current client or have been given specific consent in advance to do so.

Confidentiality and Privacy

Pellegrino, LLC is sincerely concerned about protecting your privacy and the secure dissemination of your information. You should review our Privacy Policy for an understanding of what kind of information is collected, how it is used, and how we try to safeguard your personal information. While Pellegrino, LLC treats as confidential communications submitted via the Site, Pellegrino, LLC cannot guarantee the efficacy and/or security of electronic transmissions. All information submitted or transmitted via the Site shall be done at your own risk.

Third Parties, Links and Advertisers

Some links contained within this Site may direct you out of the Site. Pellegrino, LLC is not responsible for and has no control over the content, privacy policies, or practices of any third-party sites to which this Site may link. If you access a non-Pellegrino site, you do so entirely at your own risk. We urge you to review all information provided concerning the terms and conditions and the privacy policy of each such website.

Disclaimer of Warranties

THE SITE AND ANY MATERIAL, INFORMATION, PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, PELLEGRINO, LLC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PELLEGRINO, LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE, ANY MATERIALS OR ACCESSIBLE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.

Limitations of Liability

IN NO EVENT WILL PELLEGRINO, LLC OR ITS ASSOCIATES, SUPPLIERS, EMPLOYEES, CONSULTANTS OR OTHER AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS ON THE SITE EVEN IF PELLEGRINO, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY PART OF IT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE CESSATION OF YOUR USE.

Indemnification

You agree to defend, indemnify, and hold harmless Pellegrino, LLC, along with its partners, employees, consultants, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including but not limited to attorneys’ fees) that arise out of or are connected to:

  • Your use and access of the Site;
  • Your violation of any provision of these Terms of Use;
  • Your violation of any third-party right, including, without limitation, any copyright, property, or privacy right.

User Submissions

Any information, responses, feedback or materials you submit to the Site, for example by email, will be deemed to be non-confidential and non-proprietary, except where explicitly stated otherwise in writing by Pellegrino, LLC. In respect to any materials you submit, you grant Pellegrino, LLC a non-exclusive, worldwide, royalty-free, perpetual, irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such materials in any media.

Prohibited Conduct

In addition to other restrictions imposed by these Terms, you agree not to:

  • Use the Site for any purpose that is unlawful or prohibited by these Terms;
  • Attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site;
  • Upload or transmit any viruses, worms, or other code of a destructive nature;
  • Collect or harvest any personally identifiable information, including account names, from the Site;
  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.

Claims of Copyright Infringement

If you believe that your work is included in this Site and is being used in a manner that constitutes copyright infringement, please provide Pellegrino, LLC with:

  • A description of the copyrighted work that you claim to be infringing;
  • A description of where the material that you claim to be infringing is located on the Site;
  • Your address, telephone number and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  • A statement by you made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • Your electronic or physical signature.

Notices should be sent to: Pellegrino, LLC 4 East Cherry Street Wenonah, N.J. 08090.

Termination

WITHOUT LIMITING THE FOREGOING, Pellegrino, LLC may terminate, suspend or discontinue your access to all or part of the Site, without notice or refund, for any reason, including without limitation, breach of these Terms of Use. Upon termination, your right to use the Site will immediately cease. The provisions of these Terms which by their nature should survive termination shall survive, including but not limited to the intellectual property provisions, disclaimers, indemnity and limitations of liability.

Governing Law and Jurisdiction

These terms of use of the Site and your use of the Site are governed by, and construed in accordance with, the laws of the State of New Jersey without any regard to its (or any other) jurisdiction’s principles on conflicts of laws. Any action at law or in equity arising under or relating to these terms and conditions or the Site shall be filed only in the United States District Court for the District of New Jersey or the courts of the State of New Jersey located in Gloucester County, New Jersey, and you hereby consent to the personal jurisdiction and venue thereof.

International Use

Pellegrino, LLC makes no representation that materials on the Site are appropriate or available for use outside of the United States. As you make the decision to access the Site from or in territories that prohibit its content, you do so at your own risk and are responsible for compliance with applicable local laws.

Severability

Any provision of these Terms of Use deemed to be unlawful, void, or unenforceable for any reason shall be severable from these Terms and is not intended to affect nor shall affect the validity and/or enforceability of any remaining provisions hereunder.

Waiver

Nothing contained herein shall operate as a waiver of any term or condition set forth in these Terms of Use, either expressly or by implication. The failure of Pellegrino, LLC to assert any right or provision under these Terms of Use shall not operate as a waiver of such right or provision.

Entire Agreement

These Terms of Use, the Privacy Policy and other legal notices and agreements that you may from time to time see posted by Pellegrino, LLC on the Site constitute the entire agreement between you and Pellegrino, LLC with respect to the Site and your use of it, superseding any prior agreement (oral or written) between you and Pellegrino, LLC with respect to your use of the Site.

Additional Disclaimers

Nothing contained in this Site is intended to and does not in any way constitute a guarantee, warranty, or prediction regarding a particular legal outcome. Results obtained on behalf of one client will be different from the results obtained on behalf of other clients. Every matter is different and must be evaluated and handled on its own merits. Pellegrino, LLC does not warrant that the Site, any part of the Site, or any content, service, or feature of the Site will be error-free, uninterrupted, or that defects will be corrected.

No Solicitation, Offer or Legal Advice

The information that you may obtain at the Site is not intended to be, nor does it constitute legal advice or an offer of legal representation. You should not send any confidential information to us until such time that you have had an opportunity to speak with an attorney and receive permission to send such information. Pellegrino, LLC is expressly excluded from any liability relating to actions taken or not taken based on any or all of the contents of the Site.

Professionalism & Advertising

This Site may be deemed to be attorney advertising in some jurisdictions. Prior results do not guarantee a similar or any particular result. Nothing contained in any statements, testimonials, and endorsements within the Site should be construed as a guarantee, warranty or prediction regarding the outcome of your legal matter. Pellegrino, LLC does not seek to represent any client based upon their review of any portion of the Site. Pellegrino, LLC seeks to comply with all rules of professional conduct and other applicable laws governing legal advertising.

Privacy of Minors

The Site is not intended for children under 13 and Pellegrino, LLC does not knowingly collect personal information from children under 13. If you are under 13 do not use or provide any information on this Site. If Pellegrino, LLC learns that personal information from a child under 13 has been collected Pellegrino, LLC will take reasonable steps to delete such information.

Contact Information

If you have questions about the Terms of Use, the Site or Pellegrino, LLC’s service, please contact us at:

Address: 4 East Cherry Street, Wenonah, N.J. 08090
Telephone: 856-292-8331
Fax: 856-504-0202

Potential clients are invited to call Pellegrino, LLC for an initial consultation to discuss Pellegrino, LLC’s service and your legal needs in the investment management industry.
Additional information with respect to Michael Pellegrino’s background and experience is available upon request.

Notice and Procedure for Making Claims of Intellectual Property Infringement

If you believe that any intellectual property rights held by you have been violated by content or materials posted on the Site, please send a written communication to Pellegrino, LLC as described in the “Copyright Infringement Claims” section. The necessary information should be provided in sufficient detail to enable us to locate the alleged infringing material and, if applicable, your contact information so that we can respond appropriately.

Accessibility

Pellegrino, LLC (d/b/a CaseScope) is committed to making this Web site accessible to the widest possible audience, regardless of technology or ability. If you experience any accessibility problems with any part of our Site, please contact us so that we may remedy the problem and facilitate your use of our Site as quickly as possible.

Changes to the Site

Pellegrino, LLC reserves the right, in our sole discretion and for any reason, to: (i) change or discontinue all or any aspect of the Site; (ii) limit, restrict or otherwise discontinue access to the Site or any part thereof at any time; and (iii) remove or modify any feature or content on the Site at any time. In no event will Pellegrino, LLC be liable if for any reason all or any portion of the Site is unavailable at any time or for any period.

Assignment

You may not assign or transfer any of your rights or obligations under these Terms of Use without Pellegrino, LLC’s prior written consent. Pellegrino, LLC may assign its rights and obligations under these Terms of Use at any time and from time to time without having to give you notice.

Headings

The headings in these Terms of Use are for convenience only and have no legal or contractual effect.

Electronic Communications

By using the Site or communicating with Pellegrino, LLC electronically, you consent to receive communications from us electronically. We may communicate with you by email, by posting notices on the Site, or by such other means as we determine. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.

Feedback and Suggestions

While we appreciate and welcome your comments and suggestions about our Site and services, we are not responsible for reviewing or implementing ideas or proposals submitted to us on an unsolicited basis. Any submissions received will be treated as non-confidential and Pellegrino, LLC may use such submissions without restriction or compensation to you.

Links to Our Site

You have permission to link to the Site’s home page, so long as you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. We reserve the right to withdraw linking permission without notice.

Service-Specific Terms

Certain services or features made available to you through the Site by Pellegrino, LLC may be subject to additional terms and conditions. In the event of any conflict between these Terms of Use and the terms and conditions applicable to a specific service, the service-specific terms will govern your use of such service or feature.

Interpreting these Terms

To the extent that there is a conflict between these Terms of Use and any other terms, policies or notices posted on the Site, these Terms of Use will govern. No ambiguities herein may be construed against the drafter.

Acknowledgment

By using this Site, you represent and warrant that you have read, understood, and agree to be bound by these Terms of Use. You further agree that, except where otherwise expressly provided in the Terms, these Terms shall constitute the entire agreement between you and Pellegrino, LLC relating to your use of this Site.