Please Read These Terms Carefully Before Using This Site

Transcription

1 Legal Notices Please Read These Terms Carefully Before Using This Site Important Disclosure Information South Georgia Capital, LLC doing business as SGC Investment Management ("SGC") is an SEC registered investment advisor located in Naperville, IL with additional offices in Scottsdale, Arizona. SGC and its representatives are in compliance with the current filing requirements imposed upon the SEC registered investment advisors by those states in which SGC maintains clients. SGC may only transact business in those states in which it is registered, or qualifies for an exemption or exclusion from registration requirements. SGC's web site is limited to the dissemination of general information pertaining to its advisory services, together with access to additional investment- related information, publications, and links. Accordingly, the publication of SGC's web site on the Internet should not be construed by any consumer and/or prospective client as SGC's solicitation to effect, or attempt to effect transactions in securities, or the rendering of personalized investment advice for compensation, over the internet. Any subsequent, direct communication by SGC with a prospective client shall be conducted by a representative that is either registered or qualifies for an exemption or exclusion from registration in the state where the prospective client resides. For information pertaining to the registration status of SGC, please contact the SEC or the state securities regulators for those states in which SGC maintains a notice filing. A copy of SGCs current written disclosure statement discussing SGC's business operations, services, and fees is available from SGC upon written request. SGC does not make any representations or warranties as to the accuracy, timeliness, suitability, completeness, or relevance of any information prepared by any unaffiliated third party, whether linked to SGC's web site or incorporated herein, and takes no responsibility therefore. All such information is provided solely for convenience purposes only and all users thereof should be guided accordingly. Please remember that different types of investments involve varying degrees of risk, and there can be no assurance that the future performance of any specific investment or investment strategy (including those undertaken or recommended by SGC), will be profitable or equal any historical performance level(s). Certain portions of SGCs web site (i.e. newsletters, articles, commentaries, etc.) may contain a discussion of, and/or provide access to, SGC's (and those of other investment and non- investment professionals) positions and/or recommendations as of a specific prior date. Due to various factors, including changing market conditions, such discussion may no longer be reflective of current position(s) and/or recommendation(s). Moreover, no client or prospective client should assume that any such discussion serves as the receipt of, or a substitute for, personalized advice from SGC or from any other investment professional. SGC is neither an attorney nor an accountant, and no portion of the web site content should be interpreted as legal, accounting, or tax advice. Rankings and/or recognition by unaffiliated rating services and/or publications should not be construed by a client or perspective client as a guarantee the he/she will experience a certain level of results if SGC is engaged, or continues to be engaged, to provide investment advisory services, nor should it be construed as a current or past endorsement of SGC by any of its clients. Rankings should be published by magazines, and others, generally base their selections exclusively on information prepared and/or submitted by the recognized adviser. Each client and prospective client agrees, as a condition precedent to his/her/its access to SGC's web site, to release and hold harmless SGC, its officers, directors, owners, employees, and agents from any and all adverse consequences resulting from any of his/her/its actions and/or omissions which are independent of his/her/its receipt of personalized individual advice from SGC. SGC Investment Management (SGC) provides this web site (the "Site"), subject to the following Terms and Conditions of Use, which may be updated by us from time to time without notice. This Site provides you with

2 certain services, including but not limited to, access to information about the products and services offered by SGC, and may provide you with information regarding other financial and consumer services and products offered by its affiliates ("Affiliates") and other third party providers ("Providers"). Use of this Site and the services are subject to the Terms and Conditions of Use and all applicable laws. Certain areas within this Site may be subject to additional or different terms and conditions of use, which are posted in those areas. Not all of the services and materials described on this Site are available for use in all investor classes. By using the Site, you agree to abide by all of the terms and conditions set forth in this notice. Unless stated otherwise, any new services and materials added to this Site also will be covered by these Terms and Conditions of Use. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS WEB SITE OR ANY INFORMATION CONTAINED ON THIS WEB SITE. YOUR ACCESS AND USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW. Limited License Subject to the terms and conditions set forth in this Agreement, SGC grants you a non- exclusive, non- transferable, limited right to access, use and display this Site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. SGC authorizes you to view and download the information ("Materials") at this Site only for your individual use. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose (other than for your own benefit); and 3) you must not transfer the Materials to any other person. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. No Offer THE INFORMATION ON THIS SITE IS NOT AN OFFER BY OR ON BEHALF OF SGC OR ITS AFFILIATES TO SELL OR SOLICIT AN OFFER TO BUY ANY SECURITY PRODUCT. No Professional Advice The information available on the Site is intended to be a general information resource regarding the matters covered, but is not offered as legal, accounting, tax or other financial advice, and is not tailored to a customer's specific circumstances. ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS SITE SHOULD BE EVALUATED IN CONSULTATION WITH A LEGAL, ACCOUNTING, TAX, INVESTMENT OR OTHER FINANCIAL SPECIALIST. The investments, investment strategies, and investment philosophies discussed or presented on the Websites each involve their own unique risk factors or considerations; these risk factors are not discussed on the Websites. Visitors should consult with a licensed, qualified investment professional, and/or research the risks involved, before investing: THE COMPANY ACCEPTS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE USE OF ANY OF THE MATERIAL ON THE WEBSITES, OR AS A RESULT OF MARKET RISKS. INVEST AT YOUR OWN RISK.

3 Copyrights/Trademarks This Site, including all Materials, is copyrighted and protected by worldwide copyright, trademark and intellectual property laws and treaty provisions. You agree to comply with all such laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, SGC does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information. SGC and the SGC logo are service marks/trademarks of South Georgia Capital, LLC doing business as SGC Investment Management (SGC). You understand that SGC, contributors, contributors' firms, and/or Affiliates, and/or immediate family members of the preceding individuals, groups, or firms, may hold positions in investments discussed or presented on the Site. You understand that investing in any of the investments discussed or presented on the Site may mean that one or more of the preceding individuals, groups, or firms also has an active position in that investment at the same time. DISCLAIMER YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (1) YOUR USE OF THIS SITE AND THE SERVICES AND MATERIALS PROVIDED AT THE SITE ARE AT YOUR SOLE RISK, AND (2) THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. SGC, ITS AFFILIATES AND THE PROVIDERS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON THE MATERIAL OR ANY OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. SGC, ITS AFFILIATES AND THE PROVIDERS (AS TO THEIR MATERIALS ONLY) RESERVE THE RIGHT, IN THEIR SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. WE USE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE INFORMATION. WE RESERVE THE RIGHT, HOWEVER, TO MAKE CORRECTIONS AND/OR CHANGES SHOULD THIS INFORMATION PROVE TO BE INACCURATE. SGC, ITS AFFILIATES AND THE PROVIDERS (AS TO THEIR MATERIALS ONLY) MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. THIS SITE, THE SERVICES, INFORMATION AND MATERIALS ON THE SITE AS WELL AS ANY SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS," "WHERE IS," AND "WHERE AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES. THEREFORE SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU, IN WHICH EVENT IN SUCH JURISDICTION THE FOREGOING SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW. YOU ACKNOWLEDGE THAT NEITHER SGC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THE SITE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICES AND THE SITE. SGC DOES NOT ENDORSE PRODUCTS OR SERVICES APPEARING ON LINKED SITES OR PURCHASED VIA LINKED SITES. (THIS DOES NOT AFFECT ANY MANUFACTURER'S WARRANTIES THAT THE PROVIDERS OF THE LINKED SITES OTHERWISE OFFER.) EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU

4 AGREE THAT SGC IS NOT RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SGC WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION OR USE OF THE SERVICES, THE SITE, ANY ON- LINE SERVICES OR INTERNET BROWSER SOFTWARE, INCLUDING LIABILITY ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM. Limitation of Liability YOU UNDERSTAND AND AGREE THAT SGC, ITS AFFILIATES AND THE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES, COSTS OR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM: (i) YOUR USE OF OR INABILITY TO USE THE SITE, THE SERVICES, OR MATERIALS, OR (ii) OBTAINING SUBSTITUTE PRODUCTS AND/OR SERVICES, OR (iii) THE USE OF ANY DATA, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM TRANSACTIONS ENTERED INTO THROUGH THE SITE, OR (iv) ANY STATEMENT OR CONDUCT OF ANY THIRD PARTY, OR (v) ANY OTHER MATTER RELATED TO THE SITE, THE SERVICES OR MATERIALS. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU, IN WHICH EVENT IN SUCH JURISDICTION THE FOREGOING SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW. YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION OF YOUR PROPERTY OR OPERATIONS, INCLUDING WITHOUT LIMITATION YOUR COMPUTER, NETWORK, SOFTWARE OR ANY DEVICE, REQUIRED AS A RESULT OF OR RELATED TO USING THIS SITE. IN NO EVENT SHALL SGC'S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND - WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE - EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. Third Party Sites As a convenience to you, SGC and its Affiliates may provide, on this Site, links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk, subject to that site's terms and conditions of use and privacy policy that may be different from those of this Site. It is your responsibility to take all protective measures to guard against viruses or other destructive elements you may encounter on these sites. SGC and its Affiliates make no warranty or representation regarding, and do not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that SGC, its Affiliates or this Site sponsors, endorses, is affiliated or associated with, or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of SGC or any of its affiliates or subsidiaries. External Links to the Site All link to the Site must be approved in writing by SGC, except that SGC consents to links in which: (i) the link is a text- only link containing only the name "SGC", (ii) the link "points" only to and not to deeper pages: (iii) the link, when activated by a user, displays that page full- screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by SGC nor be such as to damage or dilute the goodwill associated with the name and service marks/trademarks of SGC or its Affiliates. Performance Trust reserves the right to revoke this consent

5 to link at any time in its sole discretion. Viruses There is always the possibility of unknowingly acquiring computer viruses on the Internet and thus we want to warn you about infections or viral contamination on your system. It is your responsibility to scan any and all downloaded materials received from the Internet. SGC and its Affiliates are not responsible or liable for any damage caused by viruses or related hazards, whether or not that virus or hazard resulted from a visit to this Site. You, and not SGC or its Affiliates, assume the entire cost of all necessary servicing, repair, or correction related to computer viruses. Information Provided By You In order to use certain Services on this Site, you may have to register. You agree to provide true, accurate and current information about yourself as prompted by the registration and application forms on this Site. If any information you provide is untrue, inaccurate, incomplete or not current, or if SGC or any Affiliate has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, SGC, in its sole discretion, has the right to suspend or terminate your access to the Site. Further, you agree that SGC will not be liable to you or any third party if SGC terminates your access to the Site, and the Services or Materials thereon, for any reason. Except for the information you submit during the registration process or during the use of any other service offered through this Site (the "Permitted Information"), SGC and its Affiliates do not want you to, and you should not, send any confidential or proprietary information to SGC or its Affiliates via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to SGC or its Affiliates other than the Permitted Information will not be considered confidential or proprietary. By providing any such information or materials to SGC or its Affiliates, you grant to SGC and its Affiliates an unrestricted, irrevocable, worldwide, royalty- free license to use, reproduce, display, publicly perform, transmit, distribute and sub- license to others such information and materials, and you further agree that SGC and its Affiliates are free to use, and allow others to use, any ideas, concepts or know- how that you or individuals acting on your behalf provide to SGC or its Affiliates. You further recognize that SGC and its Affiliates do not want you to, and you warrant that you shall not, provide any information or materials to SGC or its Affiliates that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another. SGC and its Affiliates will use the Permitted Information in accordance with the privacy policy posted on this Site. Notices Notices from SGC and its Affiliates to you regarding your use of the Site, the Services and Materials will be made by e- mail or regular mail, in the sole discretion of SGC or the applicable Affiliate, unless otherwise required by law or contract. General Terms SGC reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions of Use in whole or in part, at any time without notice; you should periodically revisit this Site to review the current terms and conditions by which you are bound. Changes in these Terms and Conditions of Use will be effective when posted. Your continued use of the Site, the Services and Materials after any changes to these Terms and Conditions of Use are posted will be considered acceptance of the changes. SGC and its Affiliates may terminate, change, suspend or discontinue any aspect of the Site, including the

6 availability of any features of the Site, at any time without notice. SGC and its Affiliates may also impose limits on certain features and services or restrict your access to all or parts of the Site without notice or liability. SGC and its Affiliates may terminate the authorization, rights and license given above. The Terms and Conditions of Use constitute the entire agreement between SGC, its Affiliates and you in connection with your use of this Site, the Services and the Materials. Any cause of action you may have with respect to your use of this Site, the Services or the Materials must be commenced within one (1) year after the claim or cause of action arises. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms and Conditions of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions of Use, and the remainder of the Terms and Conditions of Use shall continue in full force and effect. In the event of termination, the disclaimers and limitations of liabilities set forth in the Terms and Conditions of Use will survive. The Terms and Conditions of Use will be deemed to include all other notices, policies, disclaimers and other terms contained in this Site and in other contracts that you may have executed with SGC and its Affiliates. International Users and Choice of Law This Site is controlled, operated and administered by SGC from its offices within the United States of America. SGC and its Affiliates make no representation that materials at this Site are appropriate or available for use at other locations outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of U.S. export laws and regulations. If you access this Site from a location outside the United States, you are responsible for compliance with all local laws. Governing Law These Terms and Conditions of Use shall be governed by the laws of the State of Illinois and State of Delaware, United States of America, without giving effect to its conflict of laws provisions. Requirement of Written Agreement The purchase or sale of securities between SGC, its Affiliates and their customers are governed by written policies or contracts. The terms of these policies or contracts are binding on the parties. No other representation, whether made in person, online, electronically (including, but not limited to, representations on this Site), in writing, or by graphic or verbal communication may alter the terms of those policies or contracts. Legal Notice The material on the Site is for informational purposes only and it covers a variety of topics on financial products and services. Although some of the information involves tax, legal, accounting or similar issues, neither SGC or Affiliates offering the products or services nor their agents or affiliates are in the business of offering such advice. In addition, advice on such matters must fit your particular circumstances. Consequently, we strongly encourage you to consult with your own professional advisors to examine the legal, tax, accounting or investment aspects of any information presented on the Site and how they may affect your particular situation.

7 THIS SITE IS NOT INTENDED FOR DISTRIBUTION TO, OR USE BY, ANY PERSON OR ENTITY IN ANY COUNTRY OR JURISDICTION WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO LOCAL LAW OR REGULATION. BY OFFERING THIS SITE AND INFORMATION, OR ANY PRODUCTS OR SERVICES VIA THIS SITE, NO DISTRIBUTION OR SOLICITATION IS MADE BY SGC OR ITS AFFILIATES TO ANY PERSON TO USE THIS SITE, OR SUCH INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THIS SITE AND SUCH INFORMATION, PRODUCTS AND SERVICES IS PROHIBITED BY LAW. The products and services described on the Site: are available only to consumers in the United States of America unless otherwise specifically noted; may not be available in all states of the USA; and are subject to all applicable laws and regulations. Forward- Looking Statements Certain statements contained herein are statements of future expectations and other forward- looking statements that are based on management's current view and assumptions and involve known and unknown risks and uncertainties that could cause actual results, performance or events to differ materially from those expressed or implied in such statements. Actual results, performance or events may differ materially from those in such statements due to, without limitation (i) general economic conditions, including in particular economic conditions in SGC s core markets, (ii) performance of financial markets, including emerging markets, (iii) the frequency and severity of insured loss events, (iv) mortality and morbidity levels and trends, (v) persistency levels, (vi) interest rate levels, (vii) currency exchange rates, including the Euro - U.S. dollar exchange rate, (viii) increasing levels of competition, (ix) changes in laws and regulations, including monetary convergence and the European Monetary Union, (x) changes in the policies of central banks and/or foreign governments, and (xi) general competitive factors, in each case on a global, regional and/or national basis. SGC does not undertake any obligation to correct or update any forward- looking statements on this Site.