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Pearl & Fisher Investments ("P&F") makes this Web site (the "Site"), and the information, data, documents, communications, downloads, graphics, images, files and other materials made available or enabled via the site by P&F (collectively, "Materials").
1. Acceptance of Terms. By accessing or using this Site in any way, you agree to and are bound by the terms and conditions set forth in this document and in any changes thereto that P&F may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.
2. Changes. P&F may change the Terms of Use and other guidelines and rules posted on the Site from time to time at its sole discretion. Your continued access or use of the Site constitutes your acceptance of the changes.
3. Securities Disclaimer. You understand that no content published on the Site constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that P&F and its affiliates will not advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. Past results are not necessarily indicative of future performance. P&F does not guarantee any specific outcome or profit, and you should be aware of the real risk of loss in following any strategy or investments discussed on the Site. To the extent any of the content published on the Site may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person. You understand and agree that, from time to time, the owners or contributors or their affiliates may provide opinions about securities in which they have a position, and that they may trade for their own account.
4. Privacy Policy. P&F will use data you submit, such as your name and e-mail address, for Site services such as to send you a free newsletter if you submit your information and register for that purpose. You have the right to access and correct your personal information and privacy preferences at any time by e-mailing P&F at [e-mail alias]. Please be aware that in order to improve the Site and provide more convenient, relevant experiences to our visitors, the Site might log the IP address of the computer from which you access the Site and use "cookies" and similar devices to track your activities. Your browser must be configured to accept cookies and similar devices to use certain aspects of the Site. P&F does not share your information with other parties except as may be required by law, but we cannot guarantee the security of our servers or the transmission of information over the Internet.
5. Intellectual Property Rights. This Site and the Materials, including their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"), and any unauthorized use of the Site and Materials may violate such laws and the Terms of Use. Except as expressly provided herein, P&F and its suppliers do not grant any express or implied rights to use the Site or Materials. The trademarks, logos and service marks ("Marks") displayed on this Site are the property of P&F or other third parties. You are not permitted to use the Marks without the prior written consent of P&F or such third party that may own the Marks. P&F and the P&F logo are trademarks of P&F.
6. Links to other sites. The Site or Materials may include links that will take you to other sites outside of the Site ("Linked Sites"). The Linked Sites are provided by P&F to you as a convenience. P&F is not responsible for the contents of any Linked Site and the inclusion of the links does not imply any endorsement by P&F of any Linked Site.
7. Disclaimer of Warranties. THE SITE AND MATERIALS, ARE PROVIDED BY P&F UNDER THESE TERMS OF USE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, P&F MAKES NO WARRANTY THAT (i) THE SITE OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE SITE OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITE OR MATERIALS WILL BE CORRECTED.
THIS SITE AND MATERIALS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. P&F MAY MAKE CHANGES TO THE SITE AND MATERIALS, INCLUDING OPINIONS CONTAINED THEREIN, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE AND MATERIALS MAY BE OUT OF DATE, AND P&F MAKES NO COMMITMENT TO UPDATE THE SITE AND MATERIALS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
8. Limitation of Liability. IN NO EVENT SHALL P&F, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF P&F HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (1) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE SITE OR MATERIALS; (2) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE OR MATERIALS; (3) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (4) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, USER MATERIALS OR OTHER DATA; (5) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (6) ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE; OR (9) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
9. Indemnification. You agree to indemnify and hold P&F and its officers, partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your access to or use of the Site or Materials (including any use by your employees, contractors or agents); (b) your connection to the Site or Materials; (c) your violation of the Terms of Use; (d) your violation of any rights of any third party; (e) your access to or use of Linked Sites and your connections thereto; or (f) any dealings between you and any third parties advertising or promoting via the Site or Materials.
10. Termination. P&F may terminate or deny your access to or use of the Site or Materials for any reason in its sole discretion. If you breach any of the Terms of Use, your authorization to access or use automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.
11. Miscellaneous. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by P&F.
The Site is controlled, operated and administered by P&F from its offices within Germany. P&F makes no representation that the Site or Materials are appropriate or available for use at other locations outside Germany, and access to the Site from territories where the Site or Materials are illegal is prohibited. If you access the Site from a location outside Germany, you are responsible for compliance with all local laws. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of Germany, without regard to the conflicts of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of competent jurisdiction in Munich / Germany with respect to such matters.
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