Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website (the “Website”), you acknowledge that you have read these terms and conditions of use and you agree to be bound by them without limitation or qualification. If you do not agree to these terms and conditions of use, you do not have our consent and should exit the Website immediately. Fridson Investment Advisors, LLC (“FIA”) and its affiliates (together with FIA, “us”, “we” or “our”) reserves the right, at our discretion, to change, modify, add or remove portions of these terms at any time. Therefore, we suggest that you review these terms periodically for changes. By using our Website after we have posted changes to these terms and conditions of use, you are agreeing to be bound by these terms as amended.

Disclaimer

NOTHING CONTAINED IN THE SITE CONSTITUTES INVESTMENT, LEGAL OR TAX ADVICE. NEITHER THE INFORMATION, NOR ANY OPINION CONTAINED IN THE SITE CONSTITUTES A SOLICITATION OR OFFER BY FIA, ANY OF ITS AFFILIATES OR ANY FUND OR OTHER ENTITY MANAGED DIRECTLY OR INDIRECTLY BY ANY OF THE FOREGOING, TO BUY OR SELL ANY SECURITIES, FUTURES, OPTIONS OR OTHER FINANCIAL INSTRUMENTS. DECISIONS BASED ON INFORMATION CONTAINED ON THE SITE ARE THE SOLE RESPONSIBILITY OF THE VISITOR, AND AS CONSIDERATION FOR ACCESS TO THE SITE, YOU AGREE TO HOLD FIA AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY CLAIMS WHATSOEVER AND OF ANY NATURE FOR DAMAGES ARISING FROM ANY DECISIONS THAT YOU MAKE BASED ON SUCH INFORMATION.

THE MATERIALS IN THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND (EITHER EXPRESS OR IMPLIED). TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FIA AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Restrictions on Use of Materials

Unless otherwise expressly noted, all information and materials, including, without limitation, images, illustrations, designs, icons, photographs, video clips, and written and other materials, that are part of the Website are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by FIA and/or its affiliates. No material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way; provided, however, that you may download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact and properly display all copyright and other proprietary notices. You may not distribute, modify, transmit, reuse, repost, or use the content of the Website, including, without limitation, any text, images, audio and video, for public or commercial purposes without FIA’s written permission. Modification or use of the information or materials for any other purpose will violate the copyright and/or intellectual property rights of FIA and/or its affiliates. Neither FIA nor any of its affiliates will treat users of this Website as its clients by virtue of their accessing this Website.

Jurisdictional Issues

Unless otherwise specified, the materials in or accessible through the Website are directed at residents of the United States, its territories, possessions, and protectorates. The Website is controlled and operated by FIA from its offices within the State of New York, United States of America. Neither FIA nor any of its affiliates makes any representation that materials in or accessible through the Website are appropriate or available for use in other locations or that access to them where their content is located is not illegal and prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable. You may not use or export the information or materials in violation of U.S. export laws and regulations. The information provided in or accessible through the Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject FIA and/or its affiliates to any registration or other requirement within such jurisdiction or country.

Transmissions to and from the Website

Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the www.FIAinv.com domain name or made via this site may not be secure. Communications to FIA, particularly those containing confidential information, should be sent by mail to: Fridson Investment Advisors, LLC, 200 Park Avenue, 45th Floor, New York, NY 10166. FIA and its affiliates will be free to use, for any purpose, without and compensation due or payable to you, any ideas, concepts, know-how or techniques provided by a Website user to FIA through the Website.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FIA AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY WHATSOEVER FOR ERRORS AND OMISSIONS IN ANY INFORMATION OR MATERIALS, AND FOR ANY USE OR INTERPRETATION BY OTHERS OF ANY INFORMATION OR MATERIALS, CONTAINED IN OR ACCESSIBLE THROUGH THE SITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FIA OR ANY OF ITS AFFILIATES BE LIABLE IN ANY RESPECT WHATSOEVER FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE INFORMATION AND MATERIALS IN OR ACCESSIBLE THROUGH THE SITE, EVEN IF FIA OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING, AND IN ADDITION TO THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY (IF ANY) OF FIA AND ITS AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

Links to Other Web Sites and Services

FIA does not review or monitor any websites linked from or to the Website and none of them is or will be responsible for the content of any such linked websites. Your following links from or to such websites is at your sole risk. Accordingly, neither FIA nor any of its affiliates can be held responsible for the information, materials, products or services obtained on or from such other websites, nor will any of them be liable in any respect whatsoever for any damages arising from your access to such websites. Any links from or to other websites are provided merely for the convenience of the users of the Website and the inclusion of these links does not imply an endorsement, representation or warranty by FIA or any of its affiliates with respect to any such linked websites or the content, products or services contained or accessible through, or the operators of, such websites. In addition, you agree not to link any of your websites or any third-party website to the Website without the express prior written consent of FIA. FIA reserves the right, at any time, for any reason not prohibited by law, to deny permission to anyone to link a website from or to the Website.

Waiver

No waiver by FIA or any of its affiliates of any right under or term or provision of these terms and conditions will be deemed a waiver of any other right, term or provision of these terms and conditions at that time or a waiver of that or any other right, term or provision of these terms and conditions at any other time.

Governing Law and Consent to Jurisdiction

THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK. YOU AGREE THAT ANY DISPUTE OR ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL BE COMMENCED ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN NEW YORK COUNTY, NEW YORK AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF ANY SUCH DISPUTE OR ACTION.

Copyright And Trademark

All material presented on this Website, unless specifically indicated otherwise, is under copyright to FIA. The material is freely downloadable for browsing purposes only. None of the material, nor its content, nor any copy of it, may be altered in any way, transmitted to, copied or distributed to any other party, without the prior express written permission of FIA. All trademarks, service marks, trade names and logos used on this site are trademarks or service marks or registered trademarks or service marks of FIA or one of its affiliates or other entities. Nothing contained in this Website should be construed as granting by use, implication, estoppel or otherwise, any license or right to use any trademark displayed on this Website without the express consent of FIA. FIA neither warrants nor represents that use of materials displayed on this Website will not infringe rights of third parties not owned by or affiliated with FIA.

Other

If any provision of these terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. The preceding terms and conditions represent the entire agreement between FIA and its affiliates, on the one hand, and you, on the other, relating to the subject matter hereof.