Menlo Advisors LLC

Description

AGREEMENT BETWEEN USER AND MENLO ADVISORS LLC (“Menlo Advisors”) The Menlo Advisors Web Site is comprised of various Web pages operated by Menlo Advisors. The Menlo Advisors Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Menlo Advisors Web Site constitutes your agreement to all such terms, conditions, and notices. MODIFICATION OF THESE TERMS OF USE Menlo Advisors reserves the right to change the terms, conditions, and notices under which the Menlo Advisors Web Site is offered, including but not limited to the charges associated with the use of the Menlo Advisors Web Site. LINKS TO THIRD PARTY SITES The Menlo Advisors Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Menlo Advisors and Menlo Advisors is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Menlo Advisors is not responsible for webcasting or any other form of transmission received from any Linked Site. Menlo Advisors is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Menlo Advisors of the site or any association with its operators. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of the Menlo Advisors Web Site, you warrant to Menlo Advisors that you will not use the Menlo Advisors Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Menlo Advisors Web Site in any manner which could damage, disable, overburden, or impair the Menlo Advisors Web Site or interfere with any other party's use and enjoyment of the Menlo Advisors Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Menlo Advisors Web Sites. USE OF COMMUNICATION SERVICES The Menlo Advisors Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: Menlo Advisors has no obligation to monitor the Communication Services. However, Menlo Advisors reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Menlo Advisors reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Menlo Advisors reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Menlo Advisors' sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Menlo Advisors does not control or endorse the content, messages or information found in any Communication Service and, therefore, Menlo Advisors specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Menlo Advisors spokespersons, and their views do not necessarily reflect those of Menlo Advisors. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials. MATERIALS PROVIDED TO MENLO ADVISORS OR POSTED AT ANY MENLO ADVISORS WEB SITE Menlo Advisors does not claim ownership of the materials you provide to Menlo Advisors (including feedback and suggestions) or post, upload, input or submit to any Menlo Advisors Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Menlo Advisors, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Menlo Advisors is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Menlo Advisors' sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. DISCLAIMERS AND LIMITATION OF LIABILITY This site is for informational purposes only and may not constitute a complete description of all investment services or performance. This site is in no way a solicitation or offer to sell securities or investment advisory services except, where applicable, in states where we are registered or where an exemption or exclusion from such registration exists. Information throughout this site, whether stock quotes, charts, articles, or any other statement or statements regarding market or other financial information, is obtained from sources which we and our suppliers believe reliable, but Menlo Advisors does not warrant or guarantee the timeliness or accuracy of this information. Nothing in this site should be interpreted to state or imply that past results are an indication of future performance. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MENLO ADVISORS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MENLO ADVISORS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MENLO ADVISORS WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE MENLO ADVISORS WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. MENLO ADVISORS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE MENLO ADVISORS WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MENLO ADVISORS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MENLO ADVISORS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MENLO ADVISORS WEB SITE, WITH THE DELAY OR INABILITY TO USE THE MENLO ADVISORS WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MENLO ADVISORS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MENLO ADVISORS WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MENLO ADVISORS 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. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MENLO ADVISORS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MENLO ADVISORS WEB SITE. SERVICE CONTACT: info@menloadvisors.com TERMINATION/ACCESS RESTRICTION Menlo Advisors reserves the right, in its sole discretion, to terminate your access to the Menlo Advisors Web Site and the related services or any portion thereof at any time, without notice. GENERAL: To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A., without application of conflicts of law provisions and you hereby consent to the exclusive jurisdiction and venue of courts in and for the County of San Mateo, State of California, U.S.A. in all disputes arising out of or relating to the use of the Menlo Advisors Web Site. Use of the Menlo Advisors Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Menlo Advisors as a result of this agreement or use of the Menlo Advisors Web Site. Menlo Advisors' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Menlo Advisors' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Menlo Advisors Web Site or information provided to or gathered by Menlo Advisors with respect to such use. If any part of this agreement 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 will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Menlo Advisors with respect to the Menlo Advisors Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Menlo Advisors with respect to the Menlo Advisors Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents drawn up in English. COPYRIGHT AND TRADEMARK NOTICES: All contents of the Menlo Advisors Web Site are: Copyright

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