Satovsky Asset Management, LLC
Last Updated: November 30, 2010
THIS AGREEMENT GOVERNS YOUR USE OF THIS SITE AND ALL CONTENT AND SERVICES AVAILABLE VIA THIS SITE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS SITE.
Use Restrictions. You are expressly prohibited from (i) using any robot, spider, other automatic device, or manual process to monitor, “mine” or copy the web pages on the Site, (ii) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site, and (iii) taking any action that imposes an unreasonable or disproportionately large load on our infrastructure.
Sign-In Name and Password Policy. Certain areas of the Site require you to register prior to being granted access. During the registration process, Black Diamond Performance Reporting™, a provider of web-based, outsourced portfolio management and reporting platforms for independent advisors and wealth managers, will assign to you a unique sign-in name (“Sign-In Name”) and a password (“Password’). Each Sign-In Name and Password can be used by only one user. You are solely responsible for the confidentiality and use of your Sign-In Name and Password, as well as for any use, misuse or communications entered through the Site using your Sign-In Name and Password.
Intellectual Property Rights in the Site. You acknowledge that the Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of SAM or SAM’s licensors. You shall comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.
All trademarks, logos and services marks displayed on the Site are trademarks belonging to us, our affiliated entities, or our licensors (collectively the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site, without our prior written permission in each instance. All goodwill generated from the use of the Trademarks will inure to the benefit of us, our affiliated entities, or our licensors, as the case may be.
Linking and Framing.
If you believe the Site contains Content that infringes your copyright, please see our Copyright Infringement Notification Procedures (link). For your convenience we set forth such procedures below.
We may, in our sole discretion, post the advertisements of third parties on the Site. The display of advertisements on the Site is not intended as, and does not in any manner constitute, a recommendation, endorsement, or approval of the advertiser or its services by us. Your correspondence or any other dealings with advertisers found on the Site are solely between you and such advertiser, and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings.
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to us through the Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information to us through the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliated entities, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliated entities are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information to the Site, you are granting us and our affiliated entities a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
No Responsibility for Connectivity.
You are responsible for the means you use to access the Site and all costs associated therewith. We are not responsible for the performance of your hardware, software, the Internet, your Internet service provider and other third parties involved in connecting you to the Site.
Disclaimer of Warranty.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS ASSUMED SOLELY BY YOU. WE DO NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
No Offers or Reliance; No Investment or Financial Advice. SAM is a registered investment adviser under the Investment Advisers Act of 1940, as amended. Such registration does not imply that the Securities and Exchange Commission (the “SEC”) has endorsed or approved the qualifications of SAM and its respective representatives to provide the advisory and management services described in the Site. Furthermore, SAM may only transact business in those states in which it is registered, or qualifies for an exemption or exclusion from registration requirements. Consequently, this Site may contain information about investment products and services that are not intended for or available to certain investors in certain jurisdictions. For information pertaining to the registration status of SAM, please contact the SEC or the state securities regulators for those states in which SAM maintains a notice filing. A copy of SAM’s current written disclosure statement discussing SAM’s business operations, services, and fees is available from SAM upon written request.
Users of the Site should note that no information on the Site should be construed as investment or financial advice. The Site is limited to the dissemination of general information pertaining to SAM’s advisory services, together with access to additional investment-related information, publications, and links. Accordingly, the publication of the Site on the Internet should not be construed by any consumer and/or prospective client as SAM’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 SAM 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.
We are not utilizing the Site to provide investment or other advice, and no information or material available through the Site is to be relied upon for the purpose of making or communicating investment or other decisions. SAM is neither an attorney nor an accountant, and no portion of the Site content should be interpreted as legal, accounting or tax advice. To the extent that past performance is available through the Site, past performance is not indicative of future results, and no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
No material available through the Site shall be used or considered as an offer to sell or a solicitation of any offer to buy the securities or services of any of our affiliated entities. Offers can only be made where lawful under, and in compliance with, applicable law.
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 SAM), will be profitable or equal any historical performance level(s).
Investments discussed on the Site, if any, may not be suitable for all investors. Investors should make their own investment decisions based upon their own financial objectives and financial resources, and should obtain independent investment and tax advice before deciding to invest.
No Inside Information; No Guaranteed Results. SAM obtains information from a wide variety of publicly available sources. SAM does not have, nor does it claim to have, sources of inside or private information. The recommendations developed by SAM in connection with its services are based upon the professional judgment of SAM and SAM cannot and does not guarantee the results of any recommendations.
The Site contains certain “forward-looking statements,” which may be identified by the use of such words as “believe,” “expect,” “anticipate,” “should,” “planned,” “estimated,” “potential” and other similar terms. Examples of forward-looking statements include, but are not limited to, estimates with respect to financial condition, results of operations, and the success or lack of success of SAM’s investment process or strategy. All are subject to various factors, including, but not limited to general and local economic conditions, changing levels of competition within certain industries and markets, changes in interest rates, changes in legislation or regulation, and other economic, competitive, governmental, regulatory and technological factors affecting SAM’s operations that could cause actual results to differ materially from projected results.
Positions and Recommendations.
Certain portions of the Site (i.e. newsletters, articles, commentaries, etc.) may contain a discussion of, and/or provide access to, SAM’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 SAM, or from any other investment professional.
Rankings and Rating Services.
Rankings and/or recognition by unaffiliated rating services and/or publications should not be construed by a client or prospective client as a guarantee that he/she will experience a certain level of results if SAM is engaged, or continues to be engaged, to provide investment advisory services, nor should it be construed as a current or past endorsement of SAM by any of its clients. Rankings published by magazines, and others, generally base their selections exclusively on information prepared and/or submitted by the recognized adviser. Moreover, with regard to all performance information contained on the Site, directly or indirectly, if any, users should note that past results are not indicative of future results.
Limitation of Liability.
You shall indemnify and hold harmless the SAM Parties for any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site, or any violation of this Agreement.
Electronic Communications and Contracting.
Copyright Infringement Notification Procedures
If you believe that any Content violates yours or a third party’s copyright, please notify SAM by providing the following information to the copyright agent identified below.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
Copyright agent: Jonathan Satovsky