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Terms and Conditions

This website is for informational purposes only and does not constitute a complete description of our investment services or performance. This website is in no way a solicitation or offer to sell securities or investment advisory services except, where applicable, in states where Birch Creek Capital, LLC (“Birch Creek”) are registered or where an exemption or exclusion from such registration exists. Information throughout this site, whether stock quotes, charts, articles, or any other statement or statements regarding market or other financial information, is obtained from sources which we, and our suppliers believe reliable, but we do not warrant or guarantee the timeliness or accuracy of this information. Nothing on this web-site should be interpreted to state or imply that past results are an indication of future performance. Neither we or our information providers shall be liable for any errors or inaccuracies, regardless of cause, or the lack of timeliness of, or for any delay or interruption in the transmission thereof to the user. THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, AS TO ACCURACY, COMPLETENESS, OR RESULTS OBTAINED FROM ANY INFORMATION POSTED ON THIS OR ANY 'LINKED' WEBSITE.

Birch Creek Capital, LLC is a registered investment adviser with the Pennsylvania Department of Banking and Securities. Birch Creek Capital, LLC is legally empowered to provide investment advisory services to residents of the Commonwealth of Pennsylvania. However, Birch Creek is not legally empowered to provide investment advisory services to residents of any state outside of the Commonwealth of Pennsylvania. The presence of this website on the Internet shall in no way be construed or interpreted to offer to sell investment advisory services to residents of any state outside of the Commonwealth of Pennsylvania.

All reports, emails or documents are confidential and a product of Birch Creek. They are intended solely for the information of the person to which it has been delivered by Birch Creek. The views and opinions expressed in herein are subject to change without notice and Birch Creek is under no obligation to update or keep this information current or accurate. Any commentary does not constitute an offer of securities or the solicitation of an offer to purchase an interest in Birch Creek Credit Value Fund, LP (the "Fund"). Such an offer may only be made by means of the Fund's confidential offering memorandum. All performance and portfolio stratification information has been prepared by Birch Creek and is subject to change. Net Return is calculated net of fees and expenses and is presented as a time-weighted rate of return. Net Return performance figures are preliminary and subject to change. Performance figures are for informational purposes only, are unaudited, and does not constitute investment advice. Past performance is no guarantee of future performance and Birch Creek’s investment strategy involves the risk of loss.

Patriot Act Disclosure

Important information about procedures for opening a new account or establishing a new customer relationship:

To help the U.S. government fight the funding of terrorism and money laundering activities, Federal law requires all U.S. financial institutions to obtain, verify, and record information that identifies each individual or institution that opens an account or establishes a customer relationship with Birch Creek Capital, LLC.

What this means: If you enter into a new customer relationship with Birch Creek, we will ask for your name, address, date of birth (as applicable), and other identification information that will allow us to verify your identity. As appropriate, Birch Creek Capital, LLC may, in its discretion, ask for additional documentation or information. If all required documentation or information is not provided, Birch Creek Capital, LLC, may be unable to open an account or establish a relationship with you.

Business Continuity Plan

Birch Creek Capital, LLC maintains a business continuity plan which summarizes how we plan to respond to unexpected events that could significantly disrupt our business. Since the timing and impact of disasters and disruptions are unpredictable, we will have to be flexible in responding to actual events as they occur. With that in mind, clients are provided annually with a copy of our business continuity plan disclosure document. In addition, you may request a copy of our Business Continuity Summary Plan for Birch Creek Capital, LLC by emailing info[at]birchcreekcapital.com.

Privacy Policy

Maintaining the confidentiality of the personal information of current and prospective investors is a high priority Birch Creek Capital, LLC (“Birch Creek”). This privacy policy explains the manner in which Birch Creek collects, utilizes, and maintains nonpublic personal information about the current and prospective investors in managed accounts or private investment funds (collectively “Managed Accounts”), as required under recently enacted Federal legislation. Information is collected and maintained by Birch Creek in order to fulfill these legal and regulatory requirements. Birch Creek holds all nonpublic information in the strictest of confidence.

Collection of Investor Information

Birch Creek collects personal information about its investors mainly through the following sources: (1) Subscription forms, investor questionnaires, W-9’s and other information provided by the investor in writing, in person, by telephone, electronically or by any other means. This information includes name, address, email address, birth date, nationality, tax identification number, marital status, and financial and investment qualifications; (2) transactions within the Managed Accounts, including account balances, investments and withdrawals; and (3) a visit to Birch Creek Capital, LLC’s website through a contact us form, investor questionnaire or other related request for information forms.

Disclosure of Nonpublic Personal Information

Birch Creek does not sell or rent investor information. Birch Creek does not disclose nonpublic personal information about its investors to nonaffiliated third parties or to affiliated entities, except as permitted by law. For example,

Birch Creek may share nonpublic personal information in the following situations: (1) to service providers in connection with the administration and servicing of the Managed Accounts; which may include attorneys, accountants, auditors, and other professionals. Birch Creek may also share information in connection with the servicing or processing of Managed Accounts transactions; (2) to affiliated companies in order to provide you with ongoing personal advice and assistance with respect to the products and services you have purchased through the Managed Accounts and to introduce you to other products and services that may be of value to you; (3) to respond to a subpoena or court order, judicial process or regulatory authorities; (4) to protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities; and (5) upon consent of an investor to release such information, including authorization to disclose such information to persons acting in a fiduciary or representative capacity on behalf of the investor.

Protection of Investor Information

Birch Creek’s policy is to require that all employees, financial professionals and companies providing services on its behalf keep client information confidential. Birch Creek maintains safeguards that comply with federal standards to protect investor information. Birch Creek restricts access to the personal and account information of investors to those employees who need to know that information in the course of their job responsibilities. Third parties with whom Birch Creek shares investor information in connection with the Managed Accounts must agree to follow appropriate standards of security and confidentiality.

Birch Creek’s privacy policy applies to current, prospective and former investors. Birch Creek may disclose nonpublic personal information about a former and prospective investor to the same extent as for a current investor.

Changes to Privacy Policy

Birch Creek Capital, LLC may make changes to its privacy policy in the future, however, Birch Creek will not make any change affecting you without first sending clients a revised privacy policy describing the change.

Terms and Conditions
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