USER AGREEMENT

Please read these terms carefully before using this site. By using this site, you agree to these terms. If you reject the Disclosure and User Agreement, you should not use this website.

Disclosure and User Agreement

1. Introduction

The content, advertising and financial market information accessible through this website, including but not limited to all design, text, audio, images and financial analysis and research and other financial market data (the “Information”) is provided by Sullivan & Serwitz Investment Advisors, Inc., a California corporation, its affiliates, licensors and various third-party companies, and their respective officers, directors, members, managers, partners, employees, affiliates and agents (collectively “S&S”). By reviewing or using the Information, you represent and warrant that (a) you have the authority to enter into this Disclosure and User Agreement (this “Agreement”) and create a binding contractual obligation, (b) you understand and intend this Agreement to be the legal equivalent of a signed, written contract equally binding, and (c) you will use the Information in a manner consistent with applicable laws and regulations in accordance with the terms and conditions of this Agreement, as the same may be amended by S&S online or otherwise from time to time.

The information provided by S&S is for information purposes only and should not be used or construed as investment advice or as legal or tax advice to you or any solicitation to provide such advice, or as an offer to sell, solicitation of an offer to buy or any endorsement, recommendation or sponsorship of any company or security by S&S. You acknowledge that any requests for information are unsolicited and shall neither constitute nor be construed as investment advice by S&S to you or constitute the formation of an investment advisory relationship, or any other client relationship. S&S does not guarantee the suitability or potential value of any particular investment or information source. S&S may invest or otherwise hold an interest in companies or securities discussed on this website. No information should be interpreted to state or imply that past results are an indication of future performance.

2. Modification and Monitoring of Website

S&S reserves the right, at our discretion, to change, modify, add or remove portions of these terms at any time without notice to you. We suggest that you check these terms periodically for changes. The terms can be accessed from the link at the bottom of our website pages. If you use this website after we post changes to the terms, you accept the changed terms. S&S expressly reserves the right to monitor any and all use of this website. Use of this Website may be monitored, tracked and recorded. You expressly consent to such monitoring, tracking and recording.

3. Limits on Use

The Information is the exclusive property of S&S and is protected by applicable copyright and trademark law and other proprietary rights. Unauthorized use of the Information is prohibited. You agree not to copy, reproduce, download, retransmit, disseminate, sell, rent, sublicense, distribute, publish, perform, broadcast, display, circulate or commercially exploit the Information in any manner, or alter, store for subsequent use, decompile, disassemble, reverse engineer, or otherwise use the Information in whole or in part without the express written consent of S&S. Any rights not expressly granted herein are reserved by S&S. You may not link other websites to this website without the express written permission of S&S. You may download one temporary copy of the Information into one single computer’s memory solely for your own personal non-commercial use and not for distribution, provided that all relevant copyright, trademark and other proprietary notices shall be kept intact. You may not allow others to use your user name or password to access or use this website. You agree to notify S&S immediately if you become aware of any loss or theft of your password or any unauthorized use of your password.

Certain portions of the Information are intended only for the use of current clients of S&S or prospective clients who have been screened by S&S and granted access to those restricted areas. Information obtained from website pages that have limited access should not be shared with persons who have not been specifically granted individual access to the restricted Information.

4. Disclaimers of Warranties and Liability

Due to various factors, including the inherent possibility of human and mechanical error, the accuracy, completeness and timeliness of the information and the results obtained from its use, or correct sequencing of the Information is not guaranteed by S&S or any persons creating or transmitting the Information. News stories reflect only the author’s opinion and not that of S&S.

YOUR USE OF THE INFORMATION IS AT YOUR SOLE RISK. ALL INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOEVER. IN PARTICULAR BUT WITHOUT LIMITATION, THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, S&S AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT ARISE OUT OF YOUR USE OF OR ACCESS TO THE INFORMATION (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF OPPORTUNITY, TRADING LOSSES AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE INFORMATION), EVEN IF S&S OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, S&S OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO.

You agree to defend, indemnify and hold S&S harmless from and against any and all claims, losses, liability, costs and expense (including, but not limited to, attorneys’ fees and costs) arising from your violation of this Agreement, applicable laws, violation of any proprietary right and any invasion of any privacy rights. This obligation will survive the termination of this Agreement.

This site has links to other (third-party) internet sites which have not necessarily been screened or reviewed by S&S and which may contain inaccurate, inappropriate or offensive material, products or services and the existence of external links does not constitute an endorsement by S&S of the linked website. S&S assumes no responsibility or liability with regard to the accuracy, reliability, legality or decency of such third-party sites, content, products or services. S&S and any person creating or transmitting the Information shall not be liable for any infection by viruses of or damage to any computer that results from your use of, access to or downloading of the Information. If you are dissatisfied with the Information, products or services offered at this site or with the terms and conditions of this Agreement, your sole and exclusive remedy is to discontinue use of and access to this site and the Information.

5. Submissions to this Site

Except with respect to personal client information, (a) any information, ideas, suggestions, communications or the like sent to S&S through this Website are and will be treated as non-confidential and non-proprietary, and (b) you acknowledge and agree that S&S is entitled to use, reproduce, disclose, publish, post, broadcast and/or otherwise distribute or use any information submitted or posted by you for any purpose and in any medium whatsoever, now known or hereafter developed, without restriction, compensation or attribution to the person sending or posting the submission. You represent and warrant the accuracy and originality of any submission communicated by you to S&S and agree to indemnify and hold S&S harmless from any claims or damages arising out of its accuracy, appropriateness and legality.
You understand that the internet is not completely secure. S&S has taken reasonable steps to secure the information you may submit through the Website; however, S&S does not guarantee the security of those submissions.

6. Termination and Cancellation

S&S reserves the right to modify or terminate this site or any of these terms, and to terminate your access to this site, without notice at any time.

7. Trademarks

All trade names, trademarks, service marks and other product and service names and logos displayed herein are the proprietary marks and names of their respective owners, are protected by applicable copyright and trademark laws and may not be used by you without express authorization. This website is not owned, sponsored, approved by or otherwise affiliated with any other entity named herein.

8. Jurisdictional Issues and Applicable Law

Unless otherwise specified, S&S controls and operates this site from its offices within the State of California, United States of America.

• S&S does not claim that materials in this site are appropriate or available for use in locations other than California. If you choose to access this site from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.
• Software from this site is further subject to United States export controls. Software from this site may not be downloaded or otherwise exported or re-exported outside the United States. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory outside
of the United States.

The laws of the State of California govern these terms. If you take legal action relating to these terms, you agree to file such action only in the Superior Court of the State of California in the City and County of Santa Clara, or the United States District Court for the Northern District of California, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any action relating to these terms or the website.

9. General

Should any provision of this Agreement or portion thereof be held illegal or unenforceable by an appropriate jurisdiction, such provision shall be limited or severed and the remainder of the Agreement shall continue in full force and effect. Neither the rights nor the obligations arising under this Agreement are assignable or transferable by you and any such attempted assignment or transfer shall be void and without effect.

The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.

This Agreement constitutes the entire Agreement between the parties with respect to the Information and this website and supercedes all prior or contemporaneous negotiations, correspondence, understandings and agreements, whether electronic, oral or written, between the parties with respect to this website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.