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MARKET INFORMATION
We may make available to you certain financial information that we obtain
from third party service providers. This may include financial market data,
quotes, news, analyst opinions, and research reports. Collectively, we refer
to this as "Market Information." Briarcliff Capital does not
endorse or approve Market Information, and we make it available to you only
as a service and convenience. Briarcliff Capital and our third party service
providers do not (1) guarantee the accuracy, timeliness, completeness or
correct sequencing of Market Information, or (2) warrant any results from
your use or reliance on Market Information. Market Information may quickly
become unreliable for various reasons including, for example, changes in
market conditions or economic circumstances. Neither Briarcliff Capital nor
the third party service providers are obligated to update any information or
opinions contained in any Market Information, and we may discontinue offering
Market Information at any time without notice. You agree that neither
Briarcliff Capital nor the third party service providers will be liable to
you in any way for the termination, interruption, delay, or inaccuracy of any
Market Information. You will not redistribute or facilitate the
redistribution of Market Information, nor will you provide access to Market
Information to anyone who is not authorized by Briarcliff Capital to receive
Market Information. If you are a securities broker, dealer, banker, or
investment advisor, you agree not to use Market Information provided by
Briarcliff Capital for any purpose related to your business.
NO INVESTMENT ADVICE OR RECOMMENDATIONS
The content of this website (including Market Information) are for
information, education, and entertainment purposes only. Although Briarcliff
Capital may provide information relating to investment approaches and
opportunities to buy or sell securities, you should not construe any Market
Information, features, tools or other content available through this
website as legal, tax, investment, financial or other advice. Nothing
contained in this web site constitutes a solicitation, recommendation, endorsement,
or offer by Briarcliff Capital or a third party service provider to buy or
sell any securities or other financial instruments.
You alone assume the sole responsibility of evaluating the merits and risks
associated with the use of any Briarcliff Capital service before making any
decisions based on Market Information or content contained in this website.
In exchange for using Briarcliff Capital services, you agree not to hold
Briarcliff Capital or any third party service provider liable for any
possible claim for damages arising from any decision you make based on
information made available to you through any Briarcliff Capital service.
DISCLOSURE OF POTENTIAL RELATIONSHIPS
Briarcliff Capital and/or its employees or directors as well as its affiliates,
consultants and third party service providers may have clients with positions
in securities or companies referenced in this website or in Market Information and may, as
principal or agent, buy from or sell to customers. From time to time,
Briarcliff Capital may perform investment banking or other services for, or
solicit such services from, companies mentioned in this website or in Market Information. From
time to time, Briarcliff Capital or a third party service provider may be
unable to provide Market Information with respect to certain companies with
which Briarcliff Capital or the third party service provider or their
affiliates have certain business relationships.
SECURITY OF DATA TRANSMISSIONS AND STORAGE
Electronic (including wired and wireless) communications through this website
may not be encrypted. You acknowledge that there is a risk that data,
including e-mail, electronic and wireless communications and personal data,
may be accessed by unauthorized third parties when communicated between you
and Briarcliff Capital or between you and other parties.
HYPERLINKS
Briarcliff Capital may make available links from a Briarcliff Capital service
to other, third party sites or electronic services providers that are not
affiliated with Briarcliff Capital. Briarcliff Capital does not control these
other sites or services, and Briarcliff Capital makes no
representations or endorsements whatsoever concerning those sites or
services. The fact that Briarcliff Capital has provided a link to a site is
not an endorsement, authorization, sponsorship, or affiliation with respect
to such site, its owners, or its providers. There are risks in using any
information, software, service or product found on the Internet, and
Briarcliff Capital cautions you to make sure you understand these risks before
retrieving, using, relying upon, or purchasing anything via the Internet. You
agree that under no circumstances will you hold Briarcliff Capital liable for
any loss or damage caused by use of or reliance on any content, goods or
services available on other sites.
DISCLAIMERS OF WARRANTIES
ALTHOUGH BRIARCLIFF CAPITAL TRIES TO PROVIDE ACCURATE AND TIMELY INFORMATION
THROUGH ITS BRIARCLIFF CAPITAL SERVICES, THERE MAY BE INADVERTENT TECHNICAL
OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS. BRIARCLIFF CAPITAL RESERVES
THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANY TIME, WITHOUT NOTICE. THE
INFORMATION PROVIDED THROUGH THE BRIARCLIFF CAPITAL SERVICES IS PROVIDED
"AS IS" AND "AS AVAILABLE." BRIARCLIFF CAPITAL DOES
NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION,
TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THIS WEBSITE. BRIARCLIFF CAPITAL PROVIDES NO GUARANTEE AGAINST THE POSSIBILITY OF
DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED
SETTINGS, OR OTHER DATA. BRIARCLIFF CAPITAL EXPRESSLY DISCLAIMS ALL LIABILITY
FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY
INFORMATION CONTAINED IN THIS WEBSITE. BRIARCLIFF CAPITAL
MAY CHANGE INFORMATION CONTAINED IN THIS WEBSITE AT ANY
TIME AND MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED IN THIS WEBSITE. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE
BRIARCLIFF CAPITAL SERVICES.
FURTHER, BRIARCLIFF CAPITAL MAKES NO WARRANTIES REGARDING THE BRIARCLIFF
CAPITAL SERVICES. BRIARCLIFF CAPITAL AND ITS AFFILIATES AND AGENTS (INCLUDING
THIRD PARTY SERVICE PROVIDERS) DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,
SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS
WHICH VARY FROM STATE TO STATE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU
ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
BRIARCLIFF CAPITAL OR THROUGH OR FROM THIS WEBSITE WILL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY AND INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD BRIARCLIFF CAPITAL AND ITS AFFILIATES,
AGENTS, EMPLOYEES, AND LICENSORS (INCLUDING THE THIRD PARTY SERVICE
PROVIDERS) HARMLESS FROM ANY CLAIM, DEMAND, LOSS, COSTS OR EXPENSE, INCLUDING
ATTORNEYS FEES, MADE BY ANY PERSON ARISING OUT OF YOUR VIOLATION OF THIS
AGREEMENT, STATE OR FEDERAL SECURITIES LAWS OR REGULATIONS, OR ANY OTHER
PERSONS RIGHTS, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF ANY COPYRIGHT OR
VIOLATION OF ANY PROPRIETARY OR PRIVACY RIGHT.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL
BRIARCLIFF CAPITAL OR ITS AFFILIATES, AGENTS, EMPLOYEES, OR LICENSORS
(INCLUDING THIRD PARTY SERVICE PROVIDERS) BE LIABLE FOR ANY DAMAGES OF ANY
KIND THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY BRIARCLIFF
CAPITAL SERVICE, EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL BRIARCLIFF CAPITAL OR ITS THIRD PARTY SERVICE PROVIDERS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TORT, CONTRACT OR ANY OTHER
LIABILITY ARISING IN CONNECTION WITH THE USE OF A BRIARCLIFF CAPITAL SERVICE,
OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED BY BRIARCLIFF CAPITAL.
BRIARCLIFF CAPITAL AND ITS THIRD PARTY SERVICE PROVIDERS WILL UNDER NO
CIRCUMSTANCES BE LIABLE TO YOU AND/OR ANY THIRD PARTY, REGARDLESS OF THE FORM
OF ACTION, FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR
PUNITIVE DAMAGES WHATSOEVER, EVEN IF BRIARCLIFF CAPITAL OR ITS THIRD PARTY
SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THIS WEBSITE; (ii) THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY
USER DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS; (iii) THE COST OF
GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO, THROUGH OR FROM THIS WEBSITE;
(iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v)
STATEMENTS OR CONDUCT OF ANYONE ON THIS WEBSITE; (vi) THE
USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF
ANY THIRD PARTY, EVEN IF THE THIRD PARTY HAS BEEN ADVISED PREVIOUSLY OF THE
POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE
BRIARCLIFF CAPITAL SERVICES. YOU AGREE THAT YOU WILL NOT IN ANY WAY
HOLD BRIARCLIFF CAPITAL RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE
ACTS OR OMISSIONS OF, THIRD PARTIES (INCLUDING THIRD PARTY SERVICE PROVIDERS)
IN CONNECTION WITH THE BRIARCLIFF CAPITAL SERVICES.
Because some states prohibit the limitation of liability for consequential or
incidental damages, in such states the limitation of liability only with
respect to consequential or incidental damages] may not apply to you, and the
respective liability of Briarcliff Capital and its third party service
providers, employees, distributors and agents is limited to the greatest
extent allowable under applicable law in those states.
In the event that a court or arbitration panel, as the case may be, should
hold that the limitations of liabilities or remedies available as set forth
herein, or any portions thereof, are unenforceable for any reason, or that
any of your remedies herein fail then you expressly agree that under no
circumstances will the total, aggregate liability of Briarcliff Capital and
its third party service providers, employees, distributors, agents or
affiliates, to you or any party claiming by or through you for any cause
whatsoever exceed $100 (U.S.), regardless of the form of action and whether
in contract, statute, tort or otherwise.
RESTRICTIONS ON USE
Except as otherwise permitted by Briarcliff Capital, no materials from this
website or any site owned, operated, licensed or controlled by Briarcliff
Capital may be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way. You may download material displayed
on this website for non-commercial, personal use. If you do so, you agree to
retain all copyright and other proprietary notices contained on the
materials. You may not use, distribute, modify, transmit, or post the content
of this website for public or commercial purposes, including any text, images,
audio, or video without Briarcliff Capital’s written permission.
TRADEMARKS AND COPYRIGHTS
The material available through this website is owned by Briarcliff Capital or
its affiliates or agents (including the third party service providers)
and are protected by United States copyright laws and international treaty
provisions. All content, trademarks, services marks, trade names, logos, and
icons are proprietary to Briarcliff Capital or its affiliates, licensors or
agents (including the third party service providers). Other third-party
products and brand names may be trademarks or registered trademarks of their
respective owners, and may not be affiliated with Briarcliff Capital. Nothing
contained in this website should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any trademark displayed
on this website without the written permission of Briarcliff Capital or such
third party that may own the trademarks displayed. Your use of the trademarks
displayed on this website, or any other content in the Briarcliff Capital
services, except as provided herein, is strictly prohibited.
Images displayed on this website are either the property of, or used with
permission by, Briarcliff Capital. Any unauthorized use of the images may
violate copyright laws, trademark laws, the laws of privacy and publicity, or
other regulations and statutes.
©2003
Briarcliff Capital Corporation. All rights reserved. Member SIPC/NASD
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