DISCLAIMER
This website is intended for
use by residents of the United States only and
only in those states in which VISTA ASSET MANAGEMENT
LLC may lawfully transact business. Nothing included
within this website can be construed to be in
any way any offer or sale of securities, or a
solicitation of any offer or sale of securities
in those jurisdictions where such offer, sale
or solicitation would be unlawful under the laws
of such jurisdiction. Investors outside of the
United States are governed by different regulations
and laws that have not been included in this web
site. Therefore, VISTA ASSET MANAGEMENT LLC may
request proof of citizenship from persons accessing
this web site.
By accessing the VISTA ASSET
MANAGEMENT LLC website, you agree to the following
additional terms and conditions (this "Agreement"):
| 1. |
SERVICES
PROVIDED |
|
VISTA
ASSET MANAGEMENT LLC provides electronic access
to certain content, tools, services and information
("Services") to you through its
website (the "Site"). The Services
include, but are not necessarily limited to,
the provision of information ("Information")
through the Site by means of a contractual
relationship with an unaffiliated Internet
service provider. VISTA ASSET MANAGEMENT LLC
may cancel or change the Services or the terms
of this Agreement at any time. Your use of
the Services following the posting or notice
of any changes will constitute acceptance
of any such changes. |
| 2. |
USE
CODES |
|
To
access one or more areas of the Site, you
may be asked to select a user name and password.
The user name and password are for your personal
use only. You shall at all times maintain
the confidentiality of the user name and password
and shall not disclose them to any third party.
You shall be fully responsible for all statements
made and acts or omissions that occur while
your user name and password are being used.
VISTA ASSET MANAGEMENT LLC shall not be responsible
for any breach of security caused by your
failure to maintain the confidentiality of
the user name or password. You shall notify
VISTA ASSET MANAGEMENT LLC immediately in
the event of loss, theft, disclosure or unauthorized
use of your user name or password. VISTA ASSET
MANAGEMENT LLC may terminate your access to
the Services in connection with unauthorized
use of your user name or password or at any
time without prior notice |
| 3. |
ELECTRONIC
COMMUNICATION |
|
If
you communicate electronically by sending
an e-mail message to VISTA ASSET MANAGEMENT
LLC, you shall not use e-mail for the transmission
of orders to purchase or sell a security or
to transfer funds or securities, or to transmit
any personal credit information (including
credit card numbers), to give notice of a
change of address, or to give any time-sensitive
instruction or any instruction affecting any
account(s) at VISTA ASSET MANAGEMENT LLC.
VISTA ASSET MANAGEMENT LLC shall have no liability
for any actions taken or any omissions to
act as a result of any e-mail message sent
to VISTA ASSET MANAGEMENT LLC. |
| 4. |
PROPERTY RIGHTS IN INFORMATION AND SERVICES;
SUITABILITY AND COMPLIANCE WITH LAW |
|
a. |
The
Services and any Information associated with
the Services are for personal, non-commercial
use only. You may download the Information
to your computer or other electronic data
processing equipment and print out a hard
copy for personal reference and use by you
only, unless you and VISTA ASSET MANAGEMENT
LLC have agreed otherwise in writing. You
shall never remove any copyright or other
notices contained on any such Information.
|
|
b. |
You acknowledge
that the Services and the Information are
the property of VISTA ASSET MANAGEMENT LLC
and are protected by applicable copyright,
patent, trademark or other intellectual property
law. Except as expressly authorized herein,
you shall not reproduce, transmit, sell, display,
distribute, publish, broadcast, circulate,
modify, disseminate, or commercially exploit
any of such Information or any of the Services
provided in any manner (including electronic,
print or other media now known or hereafter
developed) without the prior written consent
of VISTA ASSET MANAGEMENT LLC. You shall not
use the Information or Services for any unlawful
purpose. You shall comply with any request
made by VISTA ASSET MANAGEMENT LLC for the
purpose of protecting rights in the Information
and Services. |
|
c. |
Although the
Information may include material about the
investment process generally as well as research
commentary relating to specific securities,
VISTA ASSET MANAGEMENT LLC does not intend
to provide investment advice through the Site,
does not represent that any such securities
are suitable for you or for any particular
person and does not through this Site recommend
the purchase, sale or holding of any securities
mentioned in the Information. Such Information
shall not be deemed to be a solicitation of
a transaction by VISTA ASSET MANAGEMENT LLC
or any other person. The Information contained
on the Site reflects the authors' analysis
as of the published date. The accuracy, completeness
or timeliness of such Information cannot be
guaranteed and is subject to change. Further,
the price for any security contained in any
section of the Site may differ from the then-current
price for that security. VISTA ASSET MANAGEMENT
LLC shall have no obligation to update the
Information to reflect circumstances that
may occur after the earlier of the date first
appearing on the Site or the date contained
on the Information. Neither the Services nor
any of the Information is intended to be used
as tax or legal advice. You shall consult
with your tax and legal advisors for such
advice and shall not rely on any Information
at the Site. |
|
d. |
Transmission
or use of any material in violation of this
Agreement, or any applicable law, rule or
regulation (whether of the United States or
other countries), or the rights of any third
party is prohibited. This includes, but is
not limited to, copyrighted material, material
which is defamatory, threatening, obscene,
lewd or indecent, material protected by trademark,
trade secret or patent laws, or material that
results in an invasion of privacy. |
| 5. |
WARRANTIES
AND LIMITATION OF LIABILITY REGARDING THE
SERVICES DESCRIBED HEREIN |
|
a. |
THE ACCURACY,
COMPLETENESS, SEQUENCE OR TIMELINESS OF THE
INFORMATION CANNOT BE GUARANTEED. VISTA ASSET
MANAGEMENT LLC AND ITS AFFILIATES, AGENTS,
CONTRACTORS AND LICENSORS SHALL NOT HAVE ANY
RESPONSIBILITY FOR DIRECT, INDIRECT, CONSEQUENTIAL,
SPECIAL, OR OTHER DAMAGES YOU MAY INCUR FOR
ANY RELIANCE BY YOU ON INFORMATION CONTAINED
IN THE VISTA ASSET MANAGEMENT LLC SITE OR
FOR THE RELIABILITY, ACCURACY, COMPLETENESS,
SEQUENCE OR TIMELINESS THEREOF, OR FOR ANY
DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY
OF ANY PART OF THE INFORMATION OR SERVICES,
OR FOR ANY UNAUTHORIZED USE OF E-MAIL OR ANY
OTHER SERVICES. |
|
b. |
ANY SECURITIES
PRICE QUOTATIONS PROVIDED AS PART OF THE SERVICES
MAY BE DELAYED AND MAY NOT REFLECT THE PRICES
AT WHICH THE QUOTED SECURITIES MAY BE BOUGHT
OR SOLD AT THAT TIME. NO DECISIONS TO BUY
OR SELL SECURITIES SHOULD BE MADE BASED ON
SUCH QUOTATIONS OR ON ANY OTHER INFORMATION
ACCESSED ON OR THROUGH THE SITE. VISTA ASSET
MANAGEMENT LLC MAY MODIFY OR DISCONTINUE THE
AVAILABILITY OF THE SERVICES TO ANY PERSON
AT ANY TIME. YOU AGREE NOT TO ASSERT ANY CLAIM
AGAINST VISTA ASSET MANAGEMENT LLC OR ANY
OF ITS AFFILIATES FOR ANY DAMAGES ARISING
FROM YOUR USE OF ANY OTHER SERVICES OR FROM
ANY DISCONTINUATION OR MODIFICATION OF ALL
OR PART OF THE SERVICES OR INFORMATION. |
| |
c. |
EXCEPT AS
EXPRESSLY SET FORTH IN THIS AGREEMENT, VISTA
ASSET MANAGEMENT LLC AND ITS AFFILIATES, AGENTS,
CONTRACTORS AND LICENSORS HEREBY EXPRESSLY
DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND ERROR-FREE AND UNINTERRUPTED
SERVICES. ALL INFORMATION CONTAINED ON THIS
SITE IS PROVIDED "AS IS" WITHOUT
ANY WARRANTY OF ANY KIND. VISTA ASSET MANAGEMENT
LLC DOES NOT WARRANT, GUARANTY, OR MAKE ANY
REPRESENTATIONS OR WARRANTIES WHATSOEVER,
EXPRESS OR IMPLIED, OR ASSUME ANY LIABILITY
REGARDING (i) THE USE OR THE RESULTS OF THE
USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION
ANY FINANCIAL RESULTS BASED ON USE OF THE
SERVICES OR INFORMATION OR ANY DELAY OR LOSS
OF USE OF THE SERVICES, OR (ii) SYSTEM PERFORMANCE
AND EFFECTS ON OR DAMAGES TO SOFTWARE AND
HARDWARE IN CONNECTION WITH ANY USE OF THE
SITE, SERVICES, AND INFORMATION. |
| |
d. |
IN ADDITION
TO AND WITHOUT LIMITING THE FOREGOING, YOU
AGREE THAT VISTA ASSET MANAGEMENT LLC SHALL
NOT BE LIABLE FOR ANY HARM CAUSED BY THE TRANSMISSION,
THROUGH THE SERVICES OR INFORMATION, OF A
COMPUTER VIRUS, OR OTHER COMPUTER CODE OR
PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS,
MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE,
DISABLE, DISRUPT, OR OTHERWISE IMPEDE IN ANY
MANNER THE OPERATION OF THE SERVICES OR ANY
SOFTWARE, HARDWARE, DATA OR PROPERTY OF YOURS
OR ANY OTHER PERSON. |
| |
e. |
IN ADDITION
TO AND WITHOUT LIMITING THE FOREGOING, VISTA
ASSET MANAGEMENT LLC MAKES NO REPRESENTATION
OR WARRANTY AND ASSUMES NO LIABILITY REGARDING
THE QUALITY, SAFETY, ACCURACY, OR SUITABILITY
OF ANY INFORMATION OR SOFTWARE FOUND ON ANY
WORLD WIDE WEB OR INTERNET SITE NOT UNDER
VISTA ASSET MANAGEMENT LLC'S CONTROL, INCLUDING,
BUT NOT LIMITED TO, ANY SITE THAT MAY BE ACCESSED
THROUGH A LINK AVAILABLE ON THE VISTA ASSET
MANAGEMENT LLC SITE. |
| |
f. |
VISTA ASSET
MANAGEMENT LLC AND ITS AFFILIATES, AGENTS,
CONTRACTORS AND LICENSORS SHALL NOT BE LIABLE
FOR ANY LOSSES OR DAMAGES INCURRED BY YOU
OR BY ANY PERSON UTILIZING YOUR USER NAME
AND PASSWORD RELATED IN ANY WAY TO USE OF
THE SERVICES AND INFORMATION OR FOR LOSSES
CAUSED BY THE NEGLIGENCE, ACTIONS OR FAILURE
TO ACT OF ANY THIRD PERSON OR FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(REGARDLESS OF WHETHER SUCH DAMAGES ARE REASONABLY
FORESEEABLE), OR FOR ANY LOSS THAT RESULTS
FROM A CAUSE OVER WHICH VISTA ASSET MANAGEMENT
LLC OR ANY OTHER SUCH ENTITY DOES NOT HAVE
CONTROL, INCLUDING, BUT NOT LIMITED TO, FAILURE
OF ELECTRONIC OR MECHANICAL EQUIPMENT, UNAUTHORIZED
ACCESS, STRIKES, FAILURES OF COMMON CARRIER
OR UTILITY SYSTEMS, SEVERE WEATHER, OR OTHER
CAUSES BEYOND VISTA ASSET MANAGEMENT LLC'S
CONTROL. |
| 6. |
CONFIDENTIALITY |
|
You
acknowledge that information created, input
or developed in connection with the use of
the Services can be accessed through the Internet
and that there can be no assurance that such
information, any Information provided through
the Services, or any communication through
e-mail will remain secure. VISTA ASSET MANAGEMENT
LLC may disclose such information to its employees,
representatives, officers, agents, contractors
and affiliates, as well as governmental entities
(a) for any purpose related to the conduct
of VISTA ASSET MANAGEMENT LLC's business or
to the offering, providing or maintaining
of the Services, (b) to comply with applicable
rules, orders, subpoenas or other legal process,
or in order to give information to any regulatory
authority, government agency or official requesting
such information, or (c) for any other legitimate
business purpose.
These terms and conditions and their enforcement
are governed by the laws of the State of California,
without regard to conflicts of law principles.
VISTA ASSET MANAGEMENT LLC may modify this
Agreement at any time upon written notice
or posting to the Site. If you use the Services
(or any of them) after such notification
of changes in the Agreement, you shall be
bound by all such changes. Should any term
or provision of this Agreement be deemed
or held to be invalid or unenforceable,
the remaining terms and provisions shall
continue in full force and effect.
VISTA ASSET MANAGEMENT LLC's failure to
insist at any time upon strict compliance
with any term of this Agreement, or any
delay or failure on VISTA ASSET MANAGEMENT
LLC's part to exercise any power or right
given to VISTA ASSET MANAGEMENT LLC in this
Agreement, or a continued course of such
conduct on VISTA ASSET MANAGEMENT LLC's
part, or any combination of the foregoing
shall at no time operate as a waiver of
such power or right, nor shall any single
or partial exercise preclude any other future
exercise. All rights and remedies of VISTA
ASSET MANAGEMENT LLC in this Agreement are
cumulative and not exclusive of any other
rights or remedies which VISTA ASSET MANAGEMENT
LLC otherwise has at law or equity.
|
| 7. |
LINKED
SITES |
|
You
may access additional information through
hyperlinks contained in the Site, subject
to these conditions: |
|
|
Such information was not
prepared by VISTA ASSET MANAGEMENT LLC and
is not subject to the control of VISTA ASSET
MANAGEMENT LLC; and VISTA ASSET MANAGEMENT
LLC shall have no liability for any loss or
damage resulting in any manner from such information
or from any access to, or use of, such information,
whether as to its accuracy, timeliness, currency,
sequence, display, usefulness, completeness,
suitability for any purpose or otherwise,
including (but not limited to) any losses
arising from any investment transaction made
on the basis of any such information. |
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