Last Updated 07/31/2019

These Terms of Use and Privacy Policy (together, the “Terms”) apply to your access and use of the Lindsay Goldberg website located at https://www.lindsaygoldbergllc.com (the “Site”).  “Lindsay Goldberg” includes Goldberg Lindsay & Co. LLC and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents.

By using or accessing the Site you agree to these Terms, as updated from time to time in accordance with Section 10 below.

  1. Access and Conduct.  By accessing the Site you confirm that:
    1. You are at least eighteen (18) years of age;
    2. You will not use the Site for any illegal purpose, or in violation of any local, state, national, or international law;
    3. You will not interfere in any way with security-related features of the Site; and
    4. You will not access, monitor or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without Lindsay Goldberg’s express written permission.
  2. Third Party Content.  The Site may contain links to third party websites and services.  Lindsay Goldberg provides such links as a convenience, and does not control or endorse these websites and services.  You acknowledge and agree that Lindsay Goldberg has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services.
  3. Intellectual Property.  You acknowledge and agree that this Site is protected by applicable copyright and other intellectual property laws, and no materials from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission.  All trademarks and service marks on the Site belong to Lindsay Goldberg, except third-party trademarks or service marks, which are the property of their respective owners. 
  4. Termination.  If you violate these Terms, your permission to use the Site will automatically terminate.  In addition, Lindsay Goldberg in its sole discretion may suspend or terminate some or all of your access to the Site at any time, with or without notice to you.
  5. Disclaimers of Warranties.  The Site provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied.  Although Lindsay Goldberg seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Site, and there may at times be inadvertent technical or factual errors or inaccuracies.  Lindsay Goldberg specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade.  You assume all risk for any/all damages that may result from your use of or access to the Site.  Lindsay Goldberg does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Site. 
  6. Privacy Notice.  This Section 6 applies solely to information collected on the Site and is not intended to fully describe the privacy policies of Lindsay Goldberg.  It describes the information that we gather from you, how we use and disclose your information, and the steps we take to protect your information.  By using the Site, you consent to the privacy practices described in these Terms.


Personal Information

Generally, you can visit the Site without telling us who you are or revealing any Personal Information (when we use the term “Personal Information,” we mean information that can be associated with a specific person and can be used to identify that person, such as name, e-mail address, mailing address, mobile phone number, age, gender, date of birth, as well as additional sensitive information such as your social security number, financial information, financial account information, and other similar types of information).


The information that we collect:

  • Cookies Information

When you use the Site, we may send one or more cookies (which are small text files containing a string of alphanumeric characters) to your computer or mobile device, to help analyze our web page flow, customize our content, measure promotional effectiveness, and promote trust and safety.  You are always free to decline our cookies if your browser permits, although doing so may interfere with your ability to use the Site or certain features of the Site.  We may also use Google Analytics or a similar service that uses cookies to help us analyze how users use the Site.

  • Automatically Collected Information

When you visit the Site, we may automatically receive and record certain information from your computer, web browser and/or mobile device, including your IP address or other device address or ID, web browser and/or device type, hardware and software settings and configurations, the web pages or sites that you visit just before or just after visiting the Site, the pages you view on the Site, your actions on the Site, and the dates and times that you visit, access, or use the Site.  When you use the Site on a mobile device, we may also collect the physical location of your device by, for example, using satellite, cell phone tower or wireless local area network signals. 


How we use the information we collect:

  • We use non-identifying information about your use of the Site to understand and analyze the usages trends and preferences of our users, to improve the Site, and to improve fraud detection and information security.
  • We may use Cookies Information and Automatically Collected Information to: (i) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Site; (ii) provide customized content and information; (iii) monitor and analyze the effectiveness of the Site; and (iv) monitor aggregate site usage metrics such as total number of visitors and pages viewed.
  • We retain information as long as it is reasonably necessary and relevant for our operations, and/or to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, or enforce our Terms or other agreements.


When we disclose information:

  • We may disclose your information if required to do so by law or in the good-faith belief that such action is necessary to take precautions against liability; to protect Lindsay Goldberg from fraudulent, abusive, or unlawful uses or activity; to protect the security or integrity of the Site; to investigate and defend ourselves against any third party claims or allegations; to assist government enforcement agencies; or to comply with state and federal laws, in response to a court order, judicial or other government subpoena, or warrant.
  • We work with third party service providers to provide website development, hosting, data storage, maintenance, and other services for us.  To the extent it is necessary for these third party service providers to complete their contractual obligations to us, these third parties may have access to or process your information.
  • In the event Lindsay Goldberg were to be engaged in or contemplating a divestiture, merger, consolidation, or asset sale, or in the unlikely event of a bankruptcy, Lindsay Goldberg may transfer or assign the information that we have collected from users.


Do Not Track Disclosures:

Third parties such as advertising networks, analytics providers, and widget providers may collect information about your online activities over time and across different websites when you access or use our Services.  Currently, various browsers offer a “Do Not Track” option, but there is no standard for how Do Not Track should work on commercial websites.  Due to lack of such standards, the Site does not respond to Do Not Track consumer browser settings. 


Visitors from Outside the United States:

This Site is controlled and operated by Lindsay Goldberg in the United States.  If you choose to access the Site from outside the United States, you acknowledge that you will be transferring your information, possibly including Personal Information, outside of those regions to the United States for storage and processing, as necessary to provide to you the services available through the Site.  Where required, we comply with applicable legal frameworks relating to the collection, storage, use, and transfer of Personal Information.


Accessing Your Information:

Depending on the jurisdiction in which you reside, you may have the right to access, correct, delete, or restrict use of certain Personal Information; you may also have the right to request that we refrain from processing your Personal Information.  For inquiries about your Personal Information, please contact us at privacy@lindsaygoldbergllc.com. While Lindsay Goldberg will use commercially reasonable efforts to accommodate your request, we also reserve the right to impose certain restrictions and requirements on such requests, if allowed or required by applicable laws.  Please note that it may take some time to process your request, consistent with applicable law.

  • Indemnification.  You agree that you will be personally responsible for your use of the Site, and you agree to defend, indemnify, and hold harmless Lindsay Goldberg from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party.  Lindsay Goldberg reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
  • Limitation of Liability.  By accessing this Site and/or providing us with Personal Information and other data, you expressly and unconditionally release and hold us harmless from any and all liability for any injuries, loss, or damage of any kind arising from or in connection with the use and/or misuse of such information.  In addition, while we take efforts to ensure the proper and appropriate use of data by our service providers that may receive your information from us, we are not responsible for any injuries, loss, or damage of any kind arising from or in connection with the use and/or misuse of your information caused by those service providers.  In no event will Lindsay Goldberg be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not Lindsay Goldberg has been informed of the possibility of such damage.  Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances.  Accordingly, some of the above limitations may not apply to you.
  • Modification of the Site.  Lindsay Goldberg reserves the right to modify or discontinue, temporarily or permanently, some or all of the Site at any time without any notice or further obligation to you.  You agree that Lindsay Goldberg will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Site.
  • Modification of the Terms.  Lindsay Goldberg reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Site.  Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms.  We will notify you about significant changes in the way we treat your information by placing a prominent notice on the Site; such material modifications are effective 30 calendar days after our initial notification.  Otherwise, we will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to the Site.  Your continued use of the Site following notice will be deemed acceptance of any modifications to the Terms.
  • Governing Law.  These Terms, all questions concerning the construction, interpretation and validity of these Terms, the rights and obligations of you and Lindsay Goldberg, all claims or causes of action that may be based upon, arise out of or related to these Terms (whether arising in contract, tort or otherwise) and the execution or performance of these Terms (including, without limitation, any claim or cause of action based upon or arising out of or related to any representation or warranty made in or in connection with these Terms or as an inducement to enter into these Terms) shall be governed by and construed and enforced in accordance with the laws of the State of New York, but not including the choice of law rules thereof. To the fullest extent permitted by law, in the event of any dispute arising out of relating to these Terms (whether arising in contract, tort or otherwise), or the execution or performance of these Terms (including, without limitation, any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with these Terms or as an inducement to enter these Terms), you and Lindsay Goldberg hereby submit (unless otherwise agreed to by you and Lindsay Goldberg) to the exclusive jurisdiction of the federal and state courts of the State of New York.
  • General. 
    • Entire Agreement.  These Terms constitute the entire and exclusive understanding and agreement between you and Lindsay Goldberg regarding your use of and access to the Site, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties.
    • No Waiver.  The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.  
    • Paragraph Headers.  Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.  
    • Severability.  In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.