LEGAL DISCLAIMER
Terms and Conditions of Use
(Last Update—May 2, 2012)
THIS AGREEMENT GOVERNS YOUR USE OF THE WEBSITE
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE.
Acceptance of Terms of Use. This website (the “Website”) is maintained by Grand Slam Asset Management, LLC (“Grand Slam” or “us” or “we”). These Terms of Use (“Agreement”) state the terms and conditions under which you may use the website located at www.GSlamCap.com and all Content (as defined below) and services available therein (the “Site”). Please read this Agreement carefully. The Site contains various information in the form of data, text, graphics, news, reports and other materials relating to Grand Slam (collectively, the “Content”). By accessing, browsing and/or using the Site you acknowledge that you have read, understood and agree to be legally bound by this Agreement.
We reserve the right to amend this Agreement at any time and from time to time, without notice. If you use the Site after the amended Agreement has been posted, you will be deemed to have agreed to the amended Agreement. You are responsible for determining if there have been any changes to these Terms and Conditions since your last use of the Website and may refer to the “last changed” date shown above for that purpose.
Use Restrictions. This Website is only for your personal use. The information and materials provided on this Website are solely for informational purposes. Other uses are not permitted unless you receive Grand Slam’s prior written approval.
You may view, download and print information and materials on this Site for personal and internal business use, provided that all hard copies contain all copyright and other applicable notices. You may not reproduce, modify, copy, alter in any way, distribute, sell, resell, transmit, re-post, transfer, license, assign or publish any information obtained from this Site. You may not use this Site at any time for any purpose that is unlawful or prohibited and you shall comply with any applicable local, state, federal or international laws or regulations when using this Site. As long as you comply with these Terms and Conditions of Use, Grand Slam grants you a non-exclusive, non-transferable, limited right to enter, display and use this Website.
You are expressly prohibited from (i) using any robot, spider, other automatic device or manual process to monitor, “mine” or copy the web pages on the Site, (ii) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site, (iii) taking any action that imposes an unreasonable or disproportionately large load on our infrastructure, (iv) accessing data not intended for your use or logging into a server or account which you are not authorized to access, (v) attempting to probe, scan or test the vulnerability of a system or network or to breach the Website’s security or authentication measures without proper authorization; or (vi) sending unsolicited e-mail (other than email to us regarding the Website or the services identified on the Website) promoting and/or advertising products or services of any kind (all of the foregoing, the “Security Rules”).
Attempts to violate, or violations of, system or network security or the Security Rules may result in civil or criminal liability. Grand Slam will investigate occurrences which may involve any such attempts or violations, may report them to law enforcement agencies, and may cooperate with law enforcement agencies in prosecuting users who are involved in such violations or attempted violations.
Intellectual Property Rights in the Site. You acknowledge that the Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of Grand Slam or its licensors. You shall comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content.
The materials and content on the Website, including text, graphics, logos, button icons, images, audio or video clips, data compilations and software, as well as their selection and arrangement, are protected by copyright and/or other intellectual property laws, including laws of the United States and other countries, treaties and international conventions, and are the property of Grand Slam or its licensors. Any unauthorized use of the materials or content available on the Website may violate such laws. Grand Slam does not grant any express or implied right or license under any copyright or other intellectual property in any material or content on the Website, except as authorized in these Terms and Conditions. You may print, download and store copies of material on the Website for your own personal, non-commercial use. You may not charge anyone for use of the material and you may not publish or otherwise distribute the material to others. You may not modify the material in any way without the prior written consent of Grand Slam or the copyright owner.
All trademarks, logos, tag lines, service marks and trade dress displayed on the Site are trademarks belonging to us, our affiliated entities, or our licensors (collectively the “Trademarks”). The foregoing intellectual property is protected by the trademark laws and other intellectual property laws of the United States and other countries, and by international treaties and conventions. Elements of the Website, including, but not limited to the “look” and “feel” of the Website, are protected by trade dress and other laws and may not be copied or imitated in whole or in part. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks displayed on the Site, without our prior written permission in each instance. All goodwill generated from the use of the Trademarks will inure to the benefit of us, our affiliated entities or our licensors, as the case may be.
Copyright Complaints. If you believe the Site contains Content that infringes your copyright, please contact us.
Linking and Framing. We prohibit the use of any links to the Site from any other websites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of the Site with any other website. The Site may periodically provide links to third-party websites. These Terms of Use govern only the Site and not any such third-party websites. Our decision to link to a third-party website is for your convenience only, and is not an endorsement of the content or services in that linked third-party website. If you decide to access linked third-party websites, you do so at your own risk and Grand Slam disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any linked website. You should direct any concerns regarding any third-party websites, including privacy policies associated with such websites, to the administrator of the applicable third-party website.
No Responsibility for Connectivity. You are responsible for the means you use to access the Site and all costs associated therewith. We are not responsible for the performance of your hardware, software, the Internet, your Internet service provider and other third parties involved in connecting you to the Site.
Disclaimer of Warranty. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS ASSUMED SOLELY BY YOU. WE DO NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES AND WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE SITE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL WE, OR ANY OF OUR AFFILIATED ENTITIES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “GRAND SLAM PARTIES”), BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE SITE AND THE INFORMATION OBTAINED THROUGH THE SITE. IN NO EVENT SHALL ANY OF THE GRAND SLAM PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS OF USE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY.
No Offers or Reliance; No Investment or Financial Advice. Grand Slam is a registered investment adviser under the Investment Advisers Act of 1940, as amended. Such registration does not imply that the Securities and Exchange Commission has endorsed or approved the qualifications of Grand Slam and its respective representatives to provide the advisory and management services described in the Site, or any level of skill or training. A copy of Grand Slam’s current written disclosure statement discussing Grand Slam’s business operations, services and fees is available from Grand Slam upon written request. Additional information about us also is available on the SEC’s website at www.adviserinfo.sec.gov.
Users of the Site should note that no information on the Site should be construed as investment or financial advice. The Site is limited to the dissemination of general information pertaining to Grand Slam’s advisory services, together with access to additional investment-related information, publications and links. Accordingly, the publication of the Site on the Internet should not be construed by any consumer and/or prospective client/investor as Grand Slam’s solicitation to effect, or attempt to effect, transactions in securities, or the rendering of personalized investment advice for compensation, over the Internet.
Grand Slam is neither an attorney nor an accountant, and no portion of the Site content should be interpreted as legal, accounting or tax advice. To the extent that past performance is available through the Site, past performance is not indicative of future results, and no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
No material available through the Site shall be used or considered as an offer to sell or a solicitation of any offer to buy the securities or services of any of our affiliated entities. Offers can be made only where lawful under, and in compliance with, applicable law.
Please remember that different types of investments involve varying degrees of risk, and there can be no assurance that the future performance of any specific investment or investment strategy (including those undertaken or recommended by Grand Slam), will be profitable or equal any historical performance level(s).
Investments discussed on the Site, if any, may not be suitable for all investors. Investors should make their own investment decisions based upon their own financial objectives and financial resources, and should obtain independent investment and tax advice before deciding to invest.
No Inside Information; No Guaranteed Results. Grand Slam obtains information from a wide variety of publicly-available sources. Grand Slam does not have, nor does it claim to have, sources of inside or private information. The recommendations developed by Grand Slam in connection with its services are based upon the professional judgment of Grand Slam and Grand Slam cannot and does not guarantee the results of any recommendations.
Forward-Looking Statements. The Site contains certain “forward-looking statements,” which may be identified by the use of such words as “believe,” “expect,” “anticipate,” “should,” “planned,” “estimated,” “potential” and other similar terms. Examples of forward-looking statements include, without limitation, estimates with respect to financial condition, results of operations and the success or lack of success of Grand Slam’s investment process or strategy. All are subject to various factors, including, without limitation, general and local economic conditions, changing levels of competition within certain industries and markets, changes in interest rates, changes in legislation or regulation, and other economic, competitive, governmental, regulatory and technological factors affecting Grand Slam’s operations that could cause actual results to differ materially from projected results.
Rankings and Rating Services. Rankings and/or recognition by unaffiliated rating services and/or publications should not be construed by a client/investor or prospective client/investor as a guarantee that he/she will experience a certain level of results if Grand Slam is engaged, or continues to be engaged, to provide investment advisory services, nor should it be construed as a current or past endorsement of Grand Slam by any of its clients/investors. Rankings published by magazines, and others, generally base their selections exclusively on information prepared and/or submitted by the recognized adviser. Moreover, with regard to all performance information contained on the Site, directly or indirectly, if any, users should note that past results are not indicative of future results.
Privacy. Our policies with respect to the collection and use of information collected through the Site can be found in our Privacy Policy, which is hereby incorporated by reference in its entirety.
Right to Change or Restrict Use or Content on this Website. We reserve the right, in our sole discretion, to restrict, suspend or terminate these Terms of Use and your access to all or any part of the Site, at any time, for any reason, without prior notice or liability. We also reserve the right to add, change, suspend, remove or discontinue all or any part of the Content or functionality available on the Site at any time, for any reason, without prior notice or liability.
Electronic Communications and Contracting. By assenting to these Terms of Use, you agree that a printed version of these Terms of Use and all other agreements entered into by you on the Site in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Sign-In Name and Password Policy. Certain areas of the Site may require you to register prior to being granted access. During the registration process, we will assign to you a unique user name (“Username”) and a password (“Password’). Each Username and Password can be used by only one user. You are solely responsible for the confidentiality and use of your Username and Password, as well as for any use, misuse or communications entered through the Site using your Username and Password. You shall notify us immediately if you become aware of any loss, theft or unauthorized use of your Username and Password, and we reserve the right to delete or change one or both of them at any time and for any reason.
Accessing the Password-Protected Area. By accessing the password-protected area of the Site, you agree to immediately contact us if there is any change in your status as an “accredited investor” under Regulation D promulgated under Securities Act of 1933. For individuals such changes may include, for example, a registered user’s net worth declining below $1,000,000, an expectation that income for the next twelve months may total less than $200,000, or an expectation that the registered user’s combined income with his or her spouse may total less than $300,000 in the next twelve months. All registered users, including individuals and entities, should communicate with their legal advisors if they believe that their status as an accredited investor has changed.
Transmitted Material. Internet transmissions are never completely private or secure. You understand that any message or information you send to Gram Slam through this Website may be read or intercepted by others unless there is a special notice that a particular message is encrypted (sent in code). Sending a message to Grand Slam does not cause Grand Slam to have any special responsibility to you.
Electronic Delivery. We may deliver electronically account statements, offering and organizational documents, notices (including privacy notices), letters to clients/investors, audited and unaudited financial statements including annual audited financial statements, regulatory communications (including Form ADV Part 2A and Part 2B) and other information, documents, data and records related to a client’s/investor's investment or a potential client’s/investor’s potential investment (collectively “Account Communications”). Electronic communications typically entail e-mail delivery or postings in password-protected areas of the Site. We use the e-mail address provided to us by the client/investor. If a client’s/investor’s e-mail address previously provided to us changes, the client/investor must affirmatively notify us in writing of the change. A client/investor may revoke or restrict the client’s/investor’s consent to electronic delivery of Account Communications at any time by notifying us, in writing, of the client’s/investor’s intention to do so. Unless otherwise notified, we may continue to provide Account Communications electronically. We are not liable for any interception by any third party of Account Communications. In addition, although we do not charge additional amounts for electronic delivery, clients/investors may incur charges from their internet service provider or other third parties in connection with the delivery and receipt of Account Communications delivered electronically. There are also risks associated with electronic delivery of Account Communications, including the risk of system outages or interruptions, which risks may, among other things, inhibit or delay the client’s/investor’s receipt of Account Communications.
Miscellaneous. In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. The sections of these Terms of Use entitled Limitation of Liability and Miscellaneous shall survive the termination of these Terms of Use. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, USA, except with regard to its conflicts or choice of law rules. These Terms of Use contain the entire agreement between Grand Slam and you concerning the Site and supersedes all existing agreements and all other oral, written or other communication between Grand Slam and you concerning the Site. You shall comply with all laws, rules and regulations that are now or hereinafter promulgated by any government authority or agency that govern or apply to the operation and use of the Site. Without limiting the generality of the foregoing, you shall comply with such restrictions and not export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national, or international law or regulation. All rights not expressly granted herein are reserved by us.
