Fairway Investment Partners

Disclosure and User Agreement

1. INTRODUCTION

The content, advertising and financial market information accessible through this web site, including but not limited to all design, text, audio, images and financial analysis and research and other financial market data (the Information) is provided by Fairway Group, its affiliates, licensors and various third-party companies, and their respective officers, directors, members, managers, partners, employees, affiliates and agents (collectively Fairway).  Your review or use of this information after accessing the web site constitutes your acceptance of this Disclosure and User Agreement (the Agreement).

The information provided by Fairway is for information purposes only and should not be used or construed as investment advice or as legal or tax advice to you, or as an offer to sell, solicitation of an offer to buy or any endorsement, recommendation or sponsorship of any funds by Fairway.  You acknowledge that any requests for information are unsolicited and shall neither constitute nor be construed as investment advice by Fairway to you or constitute the formation of an investment advisory relationship, or any other client relationship. It is strongly recommended that you seek outside advice from a qualified securities professional.  Fairway does not guaranty the suitability or potential value of any particular investment or information source.  Fairway may invest or otherwise hold an interest in companies or securities discussed on this web site.  No information should be interpreted to state or imply that past results are an indication of future performance.

2. LIMITS ON USE

The Information is the exclusive property of Fairway and is protected by applicable copyright and trademark law and other proprietary rights.  Unauthorized use of the Information is prohibited.  You agree not to copy, reproduce, download, retransmit, disseminate, sell, rent, sublicense, distribute, publish, perform, broadcast, display, circulate or commercially exploit the Information in any manner, or alter, store for subsequent use, decompile, disassemble, reverse engineer, or otherwise use the Information in whole or in part without the express written consent of Fairway.  Any rights not expressly granted herein are reserved by Fairway.  You may not link other web sites to this web site without the express written permission of Fairway.  You may download one temporary copy of the Information into one single computers memory solely for your own personal non-commercial use and not for distribution, provided that all relevant copyright, trademark and other proprietary notices shall be kept intact.  Should Fairway instate a password protection to the site, you will not be permitted to grant others the use of your user name or password to access or use this web site.  You agree to notify Fairway immediately if you become aware of any loss or theft of your password or any unauthorized use of your password.

3. DISCLAIMERS OF WARRANTIES AND LIABILITY

Due to various factors, including the inherent possibility of human and mechanical error, the accuracy, completeness and timeliness of the information and the results obtained from its use, or correct sequencing of the Information is not guaranteed by Fairway or any persons creating or transmitting the Information.  Reports reflect only Fairway’s opinion.

YOUR USE OF THE INFORMATION IS AT YOUR SOLE RISK.  ALL INFORMATION IS PROVIDED AS IS WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOEVER.  IN PARTICULAR BUT WITHOUT LIMITATION, THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Fairway AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT ARISE OUT OF YOUR USE OF OR ACCESS TO THE INFORMATION (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF OPPORTUNITY, TRADING LOSSES AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE INFORMATION), EVEN IF Fairway OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE FULLEST EXTENT PERMITTED BY LAW, Fairway OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO.

This site has links to other (third-party) internet sites which have not necessarily been screened or reviewed by Fairway and which may contain inaccurate, inappropriate or offensive material, products or services and the existence of external links does not constitute an endorsement by Fairway of the linked web site.  Fairway assumes no responsibility or liability with regard to the accuracy, reliability, legality or decency of such third-party sites, content, products or services.  Fairway and any person creating or transmitting the Information shall not be liable for any infection by viruses of or damage to any computer that results from your use of, access to or downloading of the Information.  If you are dissatisfied with the Information, products or services offered at this site or with the terms and conditions of this Agreement, your sole and exclusive remedy is to discontinue use of and access to this site and the Information.

4. SUBMISSIONS TO THIS SITE

Any information, ideas, suggestions, communications or the like sent to Fairway through this Web site are and will be treated as non-confidential and non-proprietary.  You acknowledge and agree that Fairway is entitled to use, reproduce, disclose, publish, post, broadcast and/or otherwise distribute or use any information submitted or posted by you for any purpose and in any medium whatsoever, now known or hereafter developed, without restriction, compensation or attribution to the person sending or posting the submission.  You represent and warrant the accuracy and originality of any submission communicated by you to Fairway and agree to indemnify and hold Fairway harmless from any claims or damages arising out of its accuracy, appropriateness and legality.

5. TERMINATION AND CANCELLATION

Fairway reserves the right to modify or terminate this site or any of these terms, and to terminate your access to this site, without notice at any time.

6. TRADEMARKS

All trade names, trademarks, service marks and other product and service names and logos displayed herein are the proprietary marks and names of their respective owners, are protected by applicable copyright and trademark laws and may not be used by you without express authorization.  This web site is not owned, sponsored, approved by or otherwise affiliated with any other entity named herein.

7. JURISDICTIONAL ISSUES AND APPLICABLE LAW

Fairway controls and operates this site from its offices in Switzerland.

If you choose to access this site, you do so on your own initiative, and you are responsible for compliance with any applicable local laws. This site is not directed to any person in any jurisdiction where (by reason of that person's nationality, residence or otherwise) the publication or availability of this site is prohibited. Persons in respect of whom such prohibitions apply must not access this site.

8. GENERAL

Should any provision of this Agreement or portion thereof be held illegal or unenforceable by an appropriate jurisdiction, such provision shall be limited or severed and the remainder of the Agreement shall continue in full force and effect. Neither the rights nor the obligations arising under this Agreement are assignable or transferable by you and any such attempted assignment or transfer shall be void and without effect.

The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.