Bespoke Form ADV Part 2 - Bespoke Form CRS

Legal Policy

By using our site (this "Site"), you are agreeing to comply with and be bound by the following terms and conditions. If you do not agree to the following terms and conditions, you may not use this Site. The terms "Bespoke" , "us", "we" or "our" refer to Bespoke Investment Group, LLC. The term "Service" includes, but is not limited to, the text, content, graphics, audio or video produced by Bespoke and appearing on this Site. The terms "you" and "your" refer to the user of the Service or viewer of this Site.

Acceptance of Agreement

By using this Site, you represent to us that you have read and agree to the terms and conditions set forth in this legal statement, which constitutes a legal and binding agreement between you and us (the "Agreement"). This Agreement constitutes the only and entire agreement between you and us, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to your use of the Site and the Service. This Agreement may be amended at any time by us, and from time to time, without any notice to you. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using or viewing this Site or the Service. You also agree to comply with U.S. law regarding the transmission of any information or data obtained from the Site or the Service in accordance with this Agreement. You also agree to not disrupt or interfere with the Site or the Service or use the Site or the Service for illegal purposes.

Copyrights and Trademarks

The works of authorship contained in the Service, including but not limited to all data, design, text, images, charts, audio, video or other data compilations or collective works, and all trademarks, tradenames, service marks and other intellectual property, are owned, except as otherwise expressly stated, by Bespoke or one of our data providers, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without the prior written consent of Bespoke in each instance. This Site and the Service are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the United States. The Site and the Service are also protected as collective works or compilations under U.S. copyright and other laws and treaties. All individual articles, columns, and other elements making up the Site or the Service are also copyrighted works. You agree to abide by all additional copyright notices or restrictions contained in the Site or the Service.

Disclaimer and Limitations of Liability

All information, data and analysis provided by the Site or the Service is for informational and educational purposes only and is not a recommendation to buy or sell a security or basket of securities, including but not limited to equities, options and other derivative products, fixed income products, and ETFs.  The Service is produced without regard to individual levels of sophistication or investment experience, and without regard to the suitability of individuals who may access the Service. You understand and agree that the Service does not constitute a specific recommendation of any particular investment, security, portfolio, transaction, or strategy, nor that any specific course of action is suitable for any specific person.  You understand and agree that no Bespoke analysts or other personnel shall advise you with regard to your investments, and you therefore agree that you shall not attempt to contact Bespoke or any Bespoke personnel seeking personalized investment advice. You further understand and agree that all content in the Service is impersonal and not tailored to any specific investment needs or suitability requirements, including yours.

You understand that performance data is supplied by sources believed to be reliable, that the calculations herein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.  All content on the Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

All information, data and analysis contained in the Site or the Service are provided “AS IS” and without warranty of any kind, either expressed or implied. Bespoke believes all information, data and analysis contained in the Service to be accurate, but does not guarantee its accuracy. Under no circumstances, including, but not limited to, negligence, shall Bespoke, any of Bespoke´s affiliates, employees, or other third party data providers be liable to you for direct, indirect, consequential, incidental, special, punitive or exemplary damages even if an authorized Bespoke representative has been advised specifically of the possibility of such damages, arising from the use of or inability to use the Site or the Service, such as, but not limited to, losses, loss of revenue, anticipated profits or lost business. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Bespoke´s total liability to you for all damages, losses, and causes and action (whether in contract or tort, including but not limited to negligence) exceed the amount paid by you, if any, for accessing this Site or using the Service. All opinions expressed on this Site are subject to change without notice, and you should always obtain current information and perform appropriate due diligence before making trades or investment decisions. Bespoke, any of Bespoke´s affiliates, employees, or other third party data providers may have long or short positions in the securities discussed in the Service and may purchase or sell such securities without notice. Bespoke uses various methods to evaluate investments which may, at times, produce contradictory recommendations with respect to the same securities. When evaluating the results of prior Bespoke recommendations or Bespoke performance rankings, you should also consider that Bespoke may modify the methods it uses to evaluate investment opportunities from time to time. For this and for many other reasons, the performance of Bespoke´s past recommendations or investments is not a guarantee of future results.

The securities mentioned in this Site or in the Service may not be eligible for sale in some states or countries, nor be suitable for all types of investors; their value and income they produce may fluctuate and/or be adversely affected by exchange rates, interest rates or other factors.

Please view Bespoke's Form ADV Part 2 and Form CRS for information regarding Bespoke's advisory services.

Links

The Site may from time to time display links to other websites or resources sponsored by third parties as a convenience to you.  We are not responsible or liable for, and do not endorse, the content or operation of such third-party websites, including but not limited to the advertising, products, services or other materials on or available from such websites or resources. Various third-party websites may provide links to this Site.  We have not reviewed any or all of the third-party websites linked to this Site. We are not responsible for the content of any off-site pages or any other websites linked to this Site. Your linking to this Site, off-site pages or other websites is at your own risk.

Termination of Service

Either you or Bespoke may terminate this Agreement with or without cause at any time and effective immediately. You may terminate the Agreement by discontinuing use of the Service and destroying all materials obtained from the Site or the Service. This Agreement will terminate immediately without notice from Bespoke if you, in Bespoke´s sole discretion, fail to comply with any provision of this Agreement. Upon termination by you or upon notice of termination by Bespoke, you must destroy promptly all materials obtained from the Site or the Service and any copies. The Copyrights and Trademarks and Disclaimer and Limitations of Liability provisions of this Agreement shall survive any termination of this Agreement.

Governing Law

This Agreement and your use of the Site and Service will be governed by the laws of the State of New York, as applied to contracts entered into between New York residents and performed in New York. Any dispute arising out of this Agreement or your use of the Site or the Service will be heard only in the state or federal courts located in Westchester County, New York USA, and you consent and submit to the personal jurisdiction of such courts.

Site Operation

This Site is controlled and operated from the United States of America and we make no representation that any information, data or analysis contained on this Site or in the Service are appropriate for use in other locations. If you use this Site from other locations you are responsible for compliance with applicable local laws.

Pricing and Cancellations

Bespoke reserves the right to change the prices of any products or subscriptions provided by the Service. Unless otherwise specified, all subscriptions to the Service will be automatically renewed when they come up for renewal using the payment information we have on file. Subscriptions may be cancelled at any time and are non-refundable. All payments made to Bespoke are made through a third party service. Bespoke is not liable for any monies lost during the transaction process, non-payment issues or declination of any credit card.

Other

The Site or the Service may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. Although Bespoke makes every reasonable effort to minimize such downtime, Bespoke does not guarantee full availability of the Site or the Service.

Interpretation

If any provision of this Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the Agreement will remain in force.  This Agreement states the entire agreement between you and us relating to use of the Site or the Service.  This Agreement may not be amended except as provided above.

Contact

If you have any questions, concerns or comments, please contact us using this form.

Privacy Policy

The following information discloses the privacy policy of Bespoke Investment Group, LLC (“Bespoke”).

Other websites you may access via Bespoke or any of its affiliates have different privacy policies and are not subject to this privacy policy. We suggest that you read each of their privacy statements to understand how they protect your personal information.

We collect only relevant lawful information about you and our other readers and clients in order to conduct our business in a way to properly service you. Sources of financial and personal information include information (such as your name, address, telephone and fax numbers, email address, etc.) provided by you through contact and request forms as well as oral, written or email communication and limited credit card and bank information obtained from your transactions with us and our affiliates.

Visiting sections of our website does not require supplying any personal information, and any personal information supplied is done so on a strictly voluntary basis. Information used to determine your identity is only information provided by you. When you visit sites in the Bespoke network, our servers may also collect web site usage information and information about your computer, including your computer´s operating system, internet browser type, your computer´s IP address, and if you arrived at one of Bespoke´s sites via another website, the URL of the linking page. Additionally, once you subscribe to the member section of Bespoke’s website,  Bespoke collects information on the sections or pages of Bespoke’s website that you visit in order to improve your membership experience over time.  Bespoke also collects your email preferences for the purpose of sending you the specific reports you wish to receive via email in a timely manner.  Once a Bespoke member, you may also set up “custom portfolios” of stocks, ETFs, or other securities that you wish to monitor in Bespoke’s Trend Analyzer Tool tool, Chart Scanner Tool tool, and other interactive sections of our website.  Bespoke stores such information in order to ensure that the information is updated each time you visit these sections of our website.  Data collected by Bespoke is also used to optimize your experience on Bespoke’s site and to assist in answering questions that you may have about your subscriptions.  BESPOKE DOES NOT SELL YOUR INFORMATION OR USER DATA TO ANYONE.  Bespoke maintains records of all of our present and prior clients including contact info, financial transactions, usernames, and passwords, however, user passwords are encrypted and thus not accessible by Bespoke. Once information is provided to us, such as contact information for subscription services, we may keep such information indefinitely; provided that upon request by a user, Bespoke will delete such user’s data and information.

A “Web Cookie” is a string of information that a website stores on a user’s computer, and that the user’s browser provides to the website each time the user submits a query to the site. We use Web Cookies to track the pages that users visit during each session, both to help us improve users’ experiences and to help us understand how Bespoke’s website is being used. As with other non-Personal Information gathered from users of the site, we analyze in aggregated form information gathered using Web Cookies, so as to help us better understand how the site is being used. We do not attempt to link information gathered using Web Cookies to personal information. USERS WHO DO NOT WISH TO HAVE WEB COOKIES PLACED ON THEIR COMPUTERS SHOULD SET THEIR BROWSERS TO REFUSE WEB COOKIES BEFORE ACCESSING THE SITE, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THE SITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF WEB COOKIES. USERS WHO REFUSE WEB COOKIES ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.

A “Web Beacon” is an object that is embedded in a web page that is usually invisible to the user and allows website operators to check whether a user has viewed a particular web page or an email. We may use Web Beacons on Bespoke’s website and in emails to count users who have visited particular pages, viewed emails, and to deliver services. Web Beacons are not used to access users’ personal information; they are a technique we may use to compile aggregated statistics about site usage. Web Beacons collect only a limited set of information including a Web Cookie number, time and date of a page or email view, and a description of the page or email on which the Web Beacon resides. You may not decline Web Beacons, however, they can be rendered ineffective by declining all Web Cookies or modifying your browser setting to notify you each time a Web Cookie is tendered and permit you to accept or decline Web Cookies on an individual basis.

We do not disclose any nonpublic personal information about our readers or clients (both present and past) to anyone, except as permitted by law. As the law permits, we may share information about you with third parties who customarily provide services for your accounts in the ordinary course of Bespoke’s business, including Bespoke’s server company, subscription-processing company, and email client. This information includes, but is not limited to information provided by you through forms, applications, and oral, written or email communication; and information derived from your transactions with us such as, but not limited to: amount of payment, method of payment, and user name. When any information is provided to third parties, it is only done so on the condition that such third parties keep your information confidential.  We do not sell our subscriber or mailing lists or any data related to these lists to any third parties. If you believe we have shared your information inappropriately, please contact us. We do not otherwise share information about any of our clients, readers, or subscribers with any third party unless we have the consent of that person. We will only divulge information as necessary to comply with state and federal laws and regulations. Whenever possible, a client may choose to not disclose information.

Personal information you submit to Bespoke through our website is secure once it reaches our servers. The information you submit is not secure as it travels from you to our servers. Email communication is often non-secure, however, and clients should be aware of this when providing personal or confidential information in email. We will never require that clients provide any information to us through email communication, and will gladly take any relevant information over the phone or by mail.

We have implemented security policies, rules and technical measures to protect and safeguard the personal information under our control from unauthorized access, improper use or disclosure, unauthorized modification, unlawful destruction or accidental loss.  We store information you provide us on our secure servers, and the information you provide when making a purchase is encrypted. Access to your nonpublic personal information is limited to our employees and service providers with a reason to have such access. All of our employees with access to client information are expected to and held to the utmost standards in respecting the privacy and confidentiality of our clients´ personal information.  While we do our best to protect your personal information, we cannot guaranty or warrant the security of any information you transmit to us, and you do so at your own risk.  In the event that we become aware of any unauthorized access to your personal information, you will be notified in accordance with applicable law.

Clients can have information corrected or changed at any time and as often as necessary by contacting us. Unless otherwise specified, all subscriptions will be automatically renewed using the payment information provided at the time of subscribing.  Please note, however, that Bespoke does not accept or store complete payment information. Such information is processed and stored by Bespoke’s third party subscription processing providers.  Payment information available to Bespoke is limited to the type of credit card used for payment, the last four digits of the card, and the expiration date of such card.  Subscriptions may be cancelled at any time, and are non-refundable. Users may opt out of Bespoke’s services, and request deletion of their data and information, by unsubscribing from Bespoke e-mailing lists, cancelling their Bespoke subscription, and/or contacting Bespoke to request that their information be deleted.  Finally, other contracts for service may be cancelled in accordance with the terms of such contract.

Privacy policy is as of February 11, 2021. Please contact us using this form with questions.