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THESE TERMS OF USE GOVERN YOUR USE OF THIS SITE AND ALL CONTENT AND SERVICES AVAILABLE VIA THIS SITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS SITE.
The Site (as defined below) is available only for individuals aged 16 years or older. If you are 16 or older, but under the age of majority in your jurisdiction, you should review this Agreement (as defined below) with your parent or guardian to make sure that you and your parent or guardian understand it.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
We reserve the right, in our sole and absolute discretion, to deny you access to the Site or any portion thereof, without notice and without reason.
These Terms of Use, which incorporate the terms of our Privacy Policy (collectively, this “Agreement”), state the terms and conditions under which you may access and use the website located at satovsky.com and all Content (as defined below) and services available therein (the “Site”). Please read this Agreement carefully. The Site contains various information in the form of data, text, graphics, news, reports, and other materials relating to Satovsky Asset Management, LLC (“SAM”, “we”, “us,” or “our”), as well as third-party content (collectively, the “Content”). By accessing, browsing, and/or using the Site (including any services that may be available through the Site), you acknowledge that you have read, understood, and agree to be legally bound by this Agreement. We reserve the right to amend this Agreement at any time and from time to time. If you use the Site after the amended Agreement has been posted, you will be deemed to have agreed to the amended Agreement.
By accessing and/or using the Site, you hereby agree to comply with the following guidelines:
We reserve the right, in our sole and absolute discretion, to deny you (or any device) access to the Site, or any portion thereof, without notice.
As described in our Privacy Policy, certain areas of the Site require you to register prior to being granted access. During the registration process, these third-party sites 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.
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 hereafter 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.
We prohibit the use of any links to the Site from any other web sites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of the Site with any other web site. As noted in our Privacy Policy, the Site may periodically provide links to third-party websites. This Agreement governs only the Site and not any such third-party websites. Our decision to link to a third-party website is not an endorsement of the content or services in that linked third-party web site. If you decide to access linked third-party websites, you do so at your own risk. You should direct any concerns regarding any third-party websites to the administrator of the applicable third-party website.
If you believe the Site contains Content that infringes your copyright, please see our Copyright Infringement Notification Procedures set forth 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, our recommendation, endorsement, or approval of the advertiser or its services. 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 the right, but not the obligation, to use your name and other identifying information in connection with such Unsolicited Information.
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, or other third parties involved in connecting you to the Site.
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.
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 or its representatives to provide the advisory and management services described in the Site. Furthermore, SAM may transact business only 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 or its 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 levels.
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.
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.
Certain portions of the Site (e.g., newsletters, articles, blogs, 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/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.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS, UNDER NO CIRCUMSTANCES WILL WE, OR ANY OF OUR AFFILIATED ENTITIES, SUBSIDIARIES, OR ITS OR THEIR MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “SAM PARTIES”), BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE AND THE INFORMATION OBTAINED THROUGH THE SITE. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS, IN NO EVENT SHALL ANY OF THE SAM PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
You shall indemnify and hold harmless the SAM Parties for any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your misuse of the Site or any violation of this Agreement.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site, at any time and for any reason (or no reason) without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.
By assenting to this Agreement, you agree that a printed version of this Agreement and all other agreements entered into by you on the Site in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of these Terms of Use entitled Intellectual Property Rights in the Site, Unsolicited Information, Disclaimer of Warranties, No Inside Information; No Guaranteed Results, Forward-Looking Statements, No Offers or Reliance; No Investment or Financial Advice, Positions and Recommendations, Rankings and Rating Services, Limitation of Liability, Indemnification, and Miscellaneous shall survive the termination of this Agreement. This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, USA, without regard to its conflict of laws provisions. The parties hereby consent and agree to the exclusive jurisdiction of the state and federal courts located in the State of New York, Borough of Manhattan for all suits, actions, or proceedings directly or indirectly arising out of or relating to this Agreement, and waive any and all objections to such courts, including, but not limited to, objections based on improper venue or inconvenient forum, and each party hereby irrevocably submits to the exclusive jurisdiction of such courts in any suits, actions, or proceedings arising out of or relating to this Agreement. This Agreement contains the entire agreement between SAM and you concerning the Site and supersedes all existing agreements and all other oral, written, or other communication between SAM and you concerning the Site. You shall comply with all laws, rules, and regulations that are now or hereinafter promulgated by any government authority or agency that govern or apply to the operation and use of the Site. Without limiting the generality of the foregoing, you shall comply with such restrictions and not export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability, or otherwise violate any applicable local, state, national, or international law or regulation. All rights not expressly granted herein are reserved by us.
If you believe that any Content violates your or a third party’s copyright, please notify SAM by providing the following information to the copyright agent identified below.
Satovsky Asset Management, LLC
232 Madison Avenue, Suite 400
New York, NY 10016
Phone: 212.584.1900
Fax: 212.584.1901
Email: [email protected]
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