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AGREEMENT TO TERMS OF USE
Please read the following terms and conditions ("Terms
of Use") before using the Insight Capital Research and
Management, Inc. (the "Firm") website (the "Site").
Your access to and use of the Site is subject to these Terms
of Use and all applicable laws and regulations. The Terms of
Use constitute a legal agreement between you and the Firm. The
Site is available only to, and may only be used by, individuals
who can form legally binding contracts under applicable law.
Without limiting the foregoing, the Site is not available to
children (persons under the age of 18). By accessing and using
the Site, you accept, without qualification, these Terms of
Use. If you do not approve and accept these Terms of Use without
qualification, you should exit the Site immediately. |
PERSONAL AND NON-COMMERCIAL USE LIMITATION
The Site is for your personal and non-commercial use, and the
Firm grants you a non-exclusive, non-transferable and limited
personal license to access and use the Site, conditioned on
your continued compliance with these Terms of Use. You may not
modify, copy (except as set forth below), distribute, transmit,
display, perform, reproduce, publish, license, create derivative
works from, transfer, or sell any information, products or services
obtained from the Site. You may not link other websites to the
Site without the prior written permission of the Firm. You may
print one hardcopy of the information and download one temporary
copy of the information into one single computer's memory solely
for your own personal, non-commercial use and not for distribution,
provided that all relevant copyright, trademark and other proprietary
notices are kept intact. You may not allow others to use your
user name or password to access or use any part of the Site.
If your password has been compromised for any reason, you should
contact the Firm immediately for a new password. If you provide
your password to any third party, you will be solely responsible
for any actions taken by such third party using your password.
All information on the non-public (i.e., password-restricted)
areas of the Site is confidential and private and may not be
disclosed or distributed by you to any other person for any
purpose and is made available solely for your personal use in
connection with your investment activities. You are prohibited
from using the Site to advertise or perform any commercial solicitation.
You also are prohibited from using any robot, spider, scraper
or other automated means to access the Site for any purpose
without the prior written permission of the Firm. You may not
take any action that imposes, or may impose, in our sole discretion,
an unreasonable or disproportionately large load on our infrastructure,
interfere or attempt to interfere with the proper working of
the Site or any activities conducted on the Site, or bypass
any measures we may use to prevent or restrict access to the
Site. Any rights not expressly granted herein are reserved. |
NO SECURITIES OFFERING OR INVESTMENT ADVICE
The funds advised by the Firm are not offered through the Site.
An offer regarding any such fund may be made only after you
have received a Confidential Offering Circular or Private Offering
Memorandum concerning that fund and have had the opportunity
to discuss all matters concerning any prospective investment
that you desire. The Site does not provide all information material
to an investor's decision to invest in any such fund, including,
but not limited to, risk factors. For more information, please
refer to a fund's Confidential Offering Circular or Private
Offering Memorandum and read it carefully before you invest.
The information on the Site is intended to enable investors
to understand the nature of the Firm's financial advisory services.
It is not intended as and does not constitute investment advice
or legal or tax advice or an offer to sell any securities to
any person or a solicitation of any person of any offer to purchase
any securities. The information in the Site should not be construed
as any endorsement, recommendation or sponsorship of any company
or security by the Firm. There are inherent risks in relying
on, using or retrieving any information found on the Site, and
the Firm urges you to make sure you understand these risks before
relying on, using or retrieving any information on the Site.
You should evaluate the information made available through the
Site, and you should seek the advice of professionals, as appropriate,
to evaluate any opinion, advice, product, service or other information.
The Firm's services are designed to integrate with the services
provided by its clients' other financial, legal and tax advisers,
not to replace their services. The Firm advises its clients
from time to time on non-investment related matters, but clients
must rely on their other professional advisers for final approval
and/or implementation of non-investment matters.
You acknowledge that any requests for information are unsolicited
and any information provided shall neither constitute nor be
construed as investment advice by the Firm 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.
The Firm does not guarantee the suitability or potential value
of any particular investment or information source. The Firm
may invest or otherwise hold an interest in companies or securities
that may be discussed on the Site.
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PAST PERFORMANCE IS NOT COMPARABLE
The performance data presented in the Site reflect the reinvestment
of dividends and other earnings, and net figures reflect the
deduction of expenses, management fees and incentive fees and
allocations.
The Firm believes that the performance shown in the Site was
generated with an investment philosophy and methodology similar
to that described herein. Future investments, however, will
be made under different economic conditions and in different
securities and may be made using different investment strategies
than were used during the times discussed herein. Furthermore,
the performance discussed herein reflects investment of limited
funds for a limited period of time and does not reflect performance
in different economic or market cycles. It should not be assumed
that any fund advised by the Firm will experience returns, if
any, comparable to those described herein. Past performance
is not indicative of future returns. The performance results
have not been compiled, reviewed or audited by an independent
accountant.
The Firm believes that the comparison of each strategy to any
single market index is inappropriate. These indices are provided
for comparative purposes, but only as examples of general market
performance. Unlike these indices, each strategy may contain
various types of securities, margin trading and securities of
smaller capitalization companies than those reflected in these
indices, and may not be as diversified as these indices. Due
to the differences between the composition of a strategy's portfolio
and these indices, the Firm cautions potential investors that
no such index is directly comparable to any strategy.
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TRUTHFUL INFORMATION
As a condition to your use of the Site, you represent and warrant
to, and agree with the Firm that, all of the information that
you provide shall be truthful, accurate and complete. |
DISCLAIMERS AND LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE AND SERVICES PUBLISHED ON THIS WEBSITE
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. DUE TO VARIOUS
FACTORS, INCLUDING THE INHERENT POSSIBILITY OF HUMAN AND MECHANICAL
ERROR, THE ACCURACY, COMPLETENESS, TIMELINESS AND CORRECT SEQUENCING
OF SUCH INFORMATION, SOFTWARE AND SERVICES AND THE RESULTS OBTAINED
FROM THEIR USE ARE NOT GUARANTEED BY THE FIRM OR ANY PERSONS
CREATING OR TRANSMITTING SUCH INFORMATION, SOFTWARE AND SERVICES.
THE FIRM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE CONTENT AND OPERATION OF THE SITE AT ANY
TIME WITHOUT NOTICE. THE SITE MAY BE TEMPORARILY UNAVAILABLE
FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS
INTERRUPTIONS OR OTHER REASONS.
THE FIRM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS
AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND. THE FIRM AND/OR
ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS
AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT AND AVAILABILITY. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR ANY
OTHER DAMAGE OR LOSS THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT
FROM THE SITE. IN NO EVENT SHALL THE FIRM AND/OR ITS SUPPLIERS
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED
WITH OR RELATING TO THE USE OF OR ACCESS TO THIS WEBSITE OR
WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH
THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY
OR OTHERWISE, EVEN IF THE FIRM OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
THE FIRM AND ANY PERSON CREATING OR TRANSMITTING THE INFORMATION
ON THE SITE 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 SUCH INFORMATION. IF YOU ARE DISSATISFIED
WITH THE INFORMATION, PRODUCTS OR SERVICES OFFERED AT THE SITE
OR WITH THE TERMS AND CONDITIONS OF THESE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF AND ACCESS
TO THE SITE.
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OWNERSHIP OF CONTENT
The Site and all of its content, including but not limited to
all text, graphics, charts, audio, logos, images, data compilations,
icons, code and software ("Content"), are the property
of the Firm and are protected by U.S. and international copyright
laws, with all rights reserved unless otherwise noted. All trademarks,
service marks, trade names and other product and service names
and logos displayed on the Site are proprietary to the Firm,
including all registered and unregistered trademarks and service
marks of the Firm. If the Site includes any trademarks, service
marks, trade names or logos of any third parties, such items
are the proprietary marks and names of their respective owners,
and are protected by applicable trademark and intellectual property
laws. Your use of any Content, whether owned by the Firm or
any third party, without the express written permission of the
Firm, is strictly prohibited except as otherwise expressly permitted
in these Terms of Use. Without limiting the foregoing, you are
prohibited from using any of the Firm's copyrighted material
or trademarks for any purpose, including, but not limited to,
use as metatags, links or otherwise on any website, without
the prior written permission of the Firm.
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PRIVACY
To the extent that the Firm collects any information from users
of the Site, the collection and use of such information is governed
by the Website Privacy Policy of the Firm, which you should
read prior to providing any information to the Firm |
NO UNLAWFUL OR PROHIBITED USE
As a condition to your use of the Site, you represent and warrant
to, and agree with, the Firm that you will not use the Site
for any purpose that is unlawful or prohibited by these Terms
of Use. |
REFERENCES TO PUBLICATIONS AND OTHER COMPANIES
References to any publication or any other company in the Site
are for reference and informational purposes only and are not
intended to suggest that any of such companies endorse, recommend
or approve of the services, analysis or recommendations of the
Firm or that the Firm endorses, recommends or approves the services
or products of such companies. News stories reflect only the
author's opinion and not necessarily that of the Firm. |
LINKS TO THIRD PARTY WEBSITES
The Site may contain hyperlinks to websites operated by parties
other than the Firm, which may not have been screened or reviewed
by the Firm and which may contain inaccurate, inappropriate
or offensive material, products or services. The Firm does not
control such websites, and the Firm assumes no responsibility
or liability with regard to the accuracy, reliability, legality
or decency of such third-party websites, content, products or
services. Such hyperlinks are provided for your convenience
only. The Firm's inclusion of hyperlinks to such websites does
not imply any endorsement of the material on such websites or
any association with their operators.
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MODIFICATION AND MONITORING OF WEBSITE
The Firm reserves the right, at its discretion, to change, modify,
add or remove portions of these Terms of Use at any time without
notice to you. We suggest that you check these Terms of Use
periodically for changes. If you use the Site after we post
changes to these Terms of Use, you accept the changed Terms
of Use. The Firm expressly reserves the right to monitor any
and all use of the Site. |
TERMINATION AND CANCELLATION
The Firm reserves the right to modify or terminate the Site
and to terminate your access to the Site, without notice at
any time and for any reason. |
INDEMNITY
You agree, at your own expense, to indemnify, defend and hold
harmless the Firm, its parents, subsidiaries and affiliates,
and their officers, partners, managers, members, employees,
agents, distributors and licensees, from and against any judgments,
losses, deficiencies, damages, liabilities, costs, claims, demands,
suits, and expenses (including, without limitation, reasonable
attorneys' fees and expenses) incurred in, arising out of or
in any way related to your breach of these Terms of Use or the
Privacy Policy, your use of the Site or any product or service
related thereto, or any of your other acts or omissions.
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JURISDICTIONAL ISSUES AND APPLICABLE LAW
Unless otherwise specified, the Firm controls and operates the
Site from its offices within the State of California, United
States of America.
• The Firm does not claim that
materials in the Site are appropriate or available for use in
locations other than California. If you choose to access the
Site from other locations, you do so on your own initiative,
and you are responsible for compliance with any applicable local
laws.
• Software from the Site is further subject to United
States export controls. Software from the Site may not be downloaded
or otherwise exported or reexported outside the United States.
By downloading or using such software, you represent and warrant
that you are not located in, under the control of, or a national
or resident of any country or territory outside of the United
States.
These Terms of Use are governed by the laws of the State of
California, without regard to its choice of law provisions.
You hereby consent to the exclusive and personal jurisdiction
and venue of courts in Contra Costa County, California, which
shall have exclusive jurisdiction over any and all disputes
arising out of or relating to these Terms of Use, the use of
the Site or any product or service related thereto. Use of the
Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions, including
without limitation this paragraph.
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GENERAL
You agree that no joint venture, partnership, employment or
agency relationship exists between you and the Firm as a result
of these Terms of Use or use of the Site.
The Firm's performance of these Terms of Use is subject to existing
laws and legal process, and nothing contained in these Terms
of Use is in derogation of the Firm's right to comply with law
enforcement requests or requirements relating to your use of
the Site or information provided to or gathered by the Firm
with respect to such use.
If any part of these Terms of Use is determined to be invalid
or unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision
shall be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision
and the remainder of these Terms of Use shall continue in effect.
By reviewing or using the information on the Site after accessing
the Site, you represent and warrant that (a) you have the authority
to enter into these Terms of Use and create a binding contractual
obligation, (b) you understand and intend these Terms of Use
to be the legal equivalent of a signed, written contract equally
binding, and (c) you will use the information on the Site in
a manner consistent with applicable laws and regulations in
accordance with these Terms of Use, as the same may be amended
by the Firm online or otherwise from time to time. A printed
version of these Terms of Use and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings
based on or relating to these Terms of Use to the same extent
and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
These Terms of Use constitute the entire agreement between the
user and the Firm with respect to the Site and they supersede
all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and the Firm with
respect to the Site.
You agree to be bound by any agreement or consent you transmit
to or through the Site via any media or electronic device, including
internet, telephone and wireless devices. You agree that when
you click on any "I Agree" or "I Consent"
or other similarly worded "button" or entry field
with your mouse, keystroke or other device, your agreement shall
be legally binding and enforceable and a legal equivalent of
your handwritten signature.
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