BROWSER AGREEMENT
THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES. PLEASE READ IT CAREFULLY.
Scope of Agreement: Under this Agreement ("Agreement"), PCG Asset Management, LLC ("PCG AM", "PCG Asset Management", and "we", "our" or "us") through the website, www.pcgam.com. (the "Site"), makes available certain on-line financial information and services (the "Service") to non-registered and non-authorized users as well as registered users with passwords ("you", "your" or "browser"). Your use of the Service constitutes your acknowledgment of and assent to be bound by this Agreement. The term "use" means the use and availability of, access to, transmission to or from, or any exchange of information or communication in connection with or arising from the Service.
Entire Agreement: This is the entire agreement between you and us, superseding prior agreements regarding its subject matter. Whenever new products or services become available, your use of them will be under this Agreement unless we notify you otherwise. You must comply with any additional terms, which apply to third-party content, software or other services. We may change this Agreement at any time and we will notify you of changes by virtue of a posting on our website. Changes will take effect 30 days after we so post notice ("effective date"). You can read a current copy of this Agreement at any time by selecting the link on our website. If any change is not acceptable, you must discontinue your use immediately; using the Service after the effective date means you accept the changes.
General Use: The information accessible on and via the Site is the property of PCG AM and/or third parties, and is protected by copyright and other intellectual property and proprietary rights. Without limiting the foregoing or expanding any of your rights hereunder, you agree that you will not publish, broadcast, retransmit, reproduce, commercially exploit, create any derivative of or otherwise disseminate such information, the Site or any portion of the Site. You may not use the Service or Site to transmit, distribute or store material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property right of another or violate the privacy, publicity or other personal right of another, or (c) that is defamatory, obscene, threatening, abusive or hateful. You are prohibited from violating or attempting to violate the security of the Service.
Passwords and Security: You may not access any password-protected portion of the Site unless you received a password from and are authorized by PCG AM. You are solely responsible for any use of or action taken under your password on the Site. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party (other than your qualified legal, tax or financial adviser). You accept full responsibility for all activity conducted through your account and agree to and hereby release PCG AM from any and all liability concerning such activity. You agree to notify PCG AM immediately of any actual or suspected loss, theft or unauthorized use of your password. PCG AM has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. PCG AM will take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons or entities.
Rights and Responsibilities: The Service presents information, data, content, news, reports, programs, and other materials and services, communications, transmissions and other items, tangible or intangible, which are referred to as "Materials." Materials can be furnished, made available and/or accessible from one party to another and they can be perceived either directly or with the aid of a machine, program or device and can be owned by us, provided through an arrangement we have with others or which may be accessed through use of the Service. You have no rights in or to the Material and you will not use any Materials, except as permitted under this Agreement. You will not violate our rights, the rights of any third party, or any laws and regulations. Unless we give you written permission, you may only use and access, download, and copy our Material (and print out one copy) for your personal use, keeping all our copyright and other notices on the Material. You may not do or allow anyone else to do anything with the Material, which is not specifically permitted in this Agreement. You agree to comply with all notices and requirements accompanying third-party Material.
You may not, nor may you allow others to, directly or indirectly, upload, distribute, transmit, communicate, link to, publish or access any material or information through, using, or otherwise in connection with the Service, that: (a) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable, or offensive, discriminatory or abusive; (b) violates any law or regulation or the rights of others; (c) causes duress, distress or discomfort to another; or (d) infringes any intellectual property, proprietary rights or confidentiality obligations of others. You are solely responsible and liable for any such activity or conduct. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, completeness, currentness or usefulness of any Material in connection with your browsing. Although we do not pre-screen, we reserve the unconditional right to remove Material we consider harmful, offensive, in violation of law, regulation or any agreement.
You also may not, nor may you allow others to, directly or indirectly: (a) attempt to or actually disrupt, impair or interfere with, alter or modify the Service or any Material; (b) act in a way that affects or reflects negatively on us, the Service, or any other party; (c) transmit or communicate any advertising, promotion or solicitation; or (d) collect or attempt to collect any information of others, including passwords, account or other information.
Information About You: "Personal information" means any information relating to your use of the Service which specifically identifies you. We may store and use your personal information for our own internal purposes and we reserve the right to access, monitor and retrieve password-protected information for compliance with this Agreement. We will not disclose your personal information, except as described in this Agreement, nor will we disclose information to others that would connect your user name with your actual name unless we are compelled by law. In our sole discretion, we still reserve the right to make exceptions, whenever we believe an emergency, illegal activity or some other reasonable basis exists for notifying or providing such information to the appropriate authorities.
Investigation and Disclosure of Information: PCG AM has the right, but not the obligation, to monitor any activity and content associated with the Site. PCG AM may investigate any complaint or reported violation of its policies and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspending or terminating your use of all or any portion of the Site and denying you access to all or any portion of the Site. PCG AM also reserves the right to report any activity that it suspects may violate any law or regulation to appropriate law enforcement officials, regulators, or other persons or entities. In order to cooperate with governmental requests, to protect PCG AM's systems and Users, to ensure the integrity and operation of PCG AM's Site, business or systems, or otherwise to comply with the law and legal process, PCG AM may access and disclose any information it considers necessary or appropriate.
Ownership: The Site, its content and any and all intellectual property rights pertaining thereto including but not limited to copyrights, patents, trademarks and service marks are owned by PCG AM or third parties, and all right, title and interest therein and thereto shall remain the property of PCG AM and/or its licensors, successors or other third parties. You agree not to remove any copyright, trademark or other proprietary notice or legend contained on the Site or its content (or printed copies thereof). PCG AM and other names and indicia of PCG AM's products and/or services referenced herein are exclusive trademarks and service marks of PCG. Other product and company names and trademarks appearing in the Site are the trademarks of their respective owners.
Termination: PCG AM reserves the right to reject your registration or suspend or Terminate your access to and use of all or any portion of the Site at any time and for any reason, in its sole discretion. The User Agreement will continue to apply to your past use of the Site in the form in which it then existed at the time of the subject use. Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to PCG.
Limited Liability and Warranty: You are entirely liable for activities conducted by you or anyone else in connection with your browsing and use of the Service. We do not warrant the accuracy, completeness, currentness or other characteristics of any Material available on or through our Service. We will not be liable for any loss or injury resulting directly or indirectly from our Service, whether or not caused in whole or in part by our negligence or by contingencies beyond our control. Neither we, nor our suppliers, are responsible or liable, directly or indirectly, for any loss or damage caused by use of or reliance on or inability to use or access any of our Services, Material, content, information, goods or services.
YOUR ACCESS TO AND USE OF OUR SERVICE, ARE AT YOUR SOLE RISK AND ARE PROVIDED "AS IS." AND "AS AVAILABLE. " THE SERVICE IS FOR YOUR PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICE OR OTHERWISE, IS REPLACEMENT OF DEFECTIVE GOODS OR REPERFORMANCE OF DEFECTIVE SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR OUR SERVICE. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.
Indemnification: You agree to defend, indemnify and hold us, our employees, agents, officers, directors, agents, contractors, suppliers and other representatives harmless from and against all liabilities, damages, claims, actions, costs and expenses (including attorneys' fees), in connection with or arising from your breach of this Agreement and/or your use of the Service. We may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any claim or action and then your corresponding indemnification obligation will end.
Governing Law and Interpretation: If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portions shall not be affected. The laws of the State of California govern this Agreement and your browsing and use of our Service. You must comply with all laws, regulations, obligations and restrictions, which apply to you. You agree that the courts of the State of California have exclusive jurisdiction for any claim, action or dispute under this Agreement. You also agree and expressly consent to the exercise of personal jurisdiction in the State of California. No failure or delay in enforcing any term, exercising any option or requiring performance, shall be a waiver of that or any other right.
No Advice, Offers or Solicitations: You acknowledge that the information contained on the Site is not and should not be construed as legal, tax, accounting or investment advice (including any advice concerning the suitability or profitability of any security or investment). You acknowledge that the information contained on the Site (unless explicitly stated otherwise) is not and should not be construed as an offer or solicitation of any kind to buy or sell any securities or other financial instruments. USERS SHOULD CONSULT WITH, AND SEEK PROFESSIONAL ADVICE FROM, THEIR OWN ATTORNEYS, ACCOUNTANTS AND FINANCIAL ADVISERS WITH RESPECT TO THEIR INDIVIDUAL CIRCUMSTANCES AND NEEDS.
No Recommendations of Individual Securities: You acknowledge that the information contained on the Site is not and should not be construed as advice or recommendations regarding individual securities including advice or recommendations concerning the suitability of, and investment strategies for, individual securities. Research, analysis, news and other information made available electronically do not constitute individualized recommendations to buy, sell or otherwise invest in a particular security.
Past Performance: Past performance is no indication of future performance, and nothing on this website should be interpreted to state or imply otherwise.
Third Party Links: The Site may contain hyperlinks (or "links") to Internet websites of, and advertisements for, third persons and entities, including affiliates of PCG. PCG AM provides such links solely as a convenience to its Users. PCG AM does not maintain and is not responsible or liable for any off-Site web pages accessible from or linked to the Site or any products, services or information contained, offered or promoted therein. Your use of links to any third person or entity site via the Site is at your own sole risk. You agree that the terms, conditions and agreements governing the third person or entity sites shall apply to you when accessing such sites via a link from this Site, and you agree to abide by such agreements. Links to off-Site web pages do not necessarily constitute third person or entity endorsement, sponsorship or affiliation of, with or by PCG AM and should not be construed as such. All opinions, recommendations, views, news, information and other content contained in any third person or entity sites are solely those of the third persons or entities, and PCG AM disclaims all responsibility and liability for such content.
Joint Venture: Nothing in this Browser Agreement shall constitute or create a joint venture, partnership, or any other similar arrangement between you and PCG. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Browser Agreement.
Assignability: This Browser Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. PCG AM may assign this Browser Agreement in whole or in part at any time without your consent. You may not assign this Browser Agreement or delegate any of your obligations hereunder. Any purported assignment of this Browser Agreement in violation of its terms shall be void.
Notice to PCG AM: Any notice to PCG AM that is required or permitted by this Browser Agreement shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to info@pcgfunds.com.
No Waiver of Rights: No failure of either party to enforce any of its rights under this Browser Agreement will act as a waiver of such rights.
Enforceability: If any portion of any provision of this Browser Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of this Browser Agreement shall remain in full force and effect.
Headings: Headings used in this Browser Agreement are for convenience only. They do not constitute part of this User Agreement.
Additional Notices & Disclaimers
The services and products described on this website are intended to be made only to persons qualified to receive such services and products, and the information on this website is only for such persons. Nothing on this website shall be considered a solicitation to buy or an offer to sell a security.
Copyright Notices
Copyright 2006, PCG Asset Management, LLC. All Rights Reserved. Unless otherwise specified, this service and its content are owned by PCG Asset Management, LLC and/or its affiliates and are protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries. [Certain materials are used by permission of their respective owners.]
The materials provided in this service, including graphic images, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written permission, except that you may download, display, or print one copy of the materials on any single computer solely for your personal, non-commercial, home use, provided that you keep intact all copyright, trademark, and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of PCG Asset Management's copyrights and other proprietary rights. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark, or other proprietary interest of PCG Asset Management.
Information and Research
Research is provided to you subject to the following terms. You understand that your use of this website constitutes your consent to and agreement to abide by these terms. You understand that PCG Asset Management may have opinions from time to time with regard to any or all of the information listed herein and that those opinions may be different than those obtained by using or stated in parts of this service.
You further understand that PCG Asset Management will not advise you concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter and that no mention of a particular security in this service constitutes a recommendation to buy, sell, or hold that or any other security.
You agree that at all times or from time to time, PCG Asset Management and/or its employees may hold positions in the securities listed or otherwise mentioned in this service. You understand that PCG Asset Management and/or its employees may trade for their own account and consequently, that at the time of any transaction that you make, PCG Asset Management and its employees may have a position in such securities.
You understand that performance data is supplied by sources believed to be reliable, that the calculations herein are made using such data, and that such calculations are not guaranteed by these sources, PCG Asset Management, or any other person or entity, and may not be complete.
Disclaimers and Limitations
PCG Asset Management intends that the information contained in this service be accurate and reliable; however, errors sometimes occur. THIS SERVICE IS PROVIDED "AS IS." PCG ASSET MANAGEMENT DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS SERVICE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. USE OF THIS SERVICE IS AT YOUR OWN RISK. PCG ASSET MANAGEMENT IS NOT LIABLE FOR DAMAGES OR INJURY, INCLUDING WITHOUT LIMITATION, DAMAGES OR INJURY CAUSED BY ANY PERFORMANCE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION, WHETHER RESULTING, IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of other services or sites to which these screens link, and PCG Asset Management take no responsibility therefore. A link to a service or site outside of PCG Asset Management is not an endorsement of the service or site, its content, or its sponsoring organization. By providing access to other websites, PCG Asset Management is not recommending the purchase or sale of the securities issued by nor is it an endorsement of services provided by its sponsoring organization.
All financial advising is conducted based on signed written agreements between PCG Asset Management and its customers, and the terms of those agreements are binding on the parties. No other representation, whether made in person, online, electronically, in written, graphical, or verbal communication, may alter the terms of those agreements except that your use of this service constitutes your agreement to the additional terms and conditions applicable to such use. By using www.pcgam.com, you accept at your own risk that the Internet and online communications medium may not perform as intended despite the efforts of PCG Asset Management, your Internet service provider and you. Reference to a fund or security included anywhere in this service is not a recommendation to buy, sell, or hold that, or any other security.
You understand and acknowledge that PCG Asset Management has not advised you concerning the nature, potential value or suitability of any particular security, portfolio of securities, transaction or investment strategy.
You further understand that the materials provided are for informational purposes only and any references to specific securities contained therein do not constitute recommendations to buy or sell. Any investment you make will be based solely on your own evaluation of your financial circumstances and investment objectives.
You are required to observe all other provisions and to observe all other limitations provided in this service from time to time. PCG Asset Management may make improvements and/or changes in the products and/or services described in this service, including the terms and conditions of your use of this service, without liability. PCG Asset Management expressly reserves the right to monitor any and all use of this service.
Additional Information
PCG Asset Management, LLC is a SEC registered investment advisor. You may find a current copy of PCG AM's Part II Form ADV at www.adviserinfo.sec.gov or please click here for a copy.