SMITH CAPITAL INVESTORS
TERMS OF USE
Last Updated: May 18, 2018
The following terms and conditions (the “Terms of Use”) constitute a binding agreement between you and Smith Capital Investors, LLC (“Smith Capital,” “we,” or “us”) with respect to your use of Smithcapitalinvestors.com (the “Site”), and the services available on the Site (collectively, the “Services”), including any Content (as defined in Section 2 below). By accessing or using the SERVICES in any manner, you (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE, and (B) affirm that you are at least 18 years of age (or have reached the age of majority in the jurisdiction where you reside). IF YOU DO NOT AGREE TO THESE TERMS OF USE OR OUR PRIVACY POLICY, DO NOT USE THE SERVICES.
1. Changes to Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. The date these Terms of Use were last updated is set forth at the top of this page. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes.
2. Scope of and Restrictions on Use. Subject to these Terms of Use, Smith Capital grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Services (collectively, the “Content”). Except as otherwise provided in these Terms of Use, the Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose, without the express written permission of Smith Capital. You agree not to:
- – collect information from the Services using an automated software tool or manually on a mass basis;
- – use automated means to access the Services, or gain unauthorized access to the Services or to any account or computer system connected to the Services;
- – obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you;
- – “flood” the Services with requests or otherwise overburden, disrupt, or harm the Services or our systems;
- – restrict or inhibit other users from accessing or using the Services;
- – modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or in the Content; or
- – access or use the Services or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.
3. The Services (including the Content) are owned by Smith Capital and, as applicable, its licensors, and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Site are registered and unregistered marks of Smith Capital and, as applicable, its licensors. You acknowledge and agree that, as between you and Smith Capital, Smith Capital is and shall remain the sole owner of the Services and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.
- – Please do not submit any ideas or information to us through the Site that you consider confidential and/or proprietary. Except with respect to your personal information as expressly provided for in our Privacy Policy, all comments, suggestions, ideas, drawings, concepts, or other information or materials disclosed or offered to us by you via the Services or in response to solicitations on the Site shall be deemed to be non-confidential and non-proprietary.
4. Electronic Communications. The communications between you and Smith Capital via the Services use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. Privacy Policy. You acknowledge and agree that all information collected by Smith Capital is subject to our Privacy Policy.
6. Change and Suspension.
6.1. Changes to the Services. Smith Capital reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Services or any portion thereof (including any Content) at any time. You agree that Smith Capital will not be liable to you or to any third party for any such change, suspension, or discontinuance.
6.2. Suspension/Termination of Access. Smith Capital has the right to deny access to, and to suspend or terminate your access to, the Services or to any features or portions thereof, at any time and for any reason, including if you violate these Terms of Use.
7. Disclaimer; Limitation of Liability.
7.1. Disclaimer of Warranties. THE SERVICES AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND SMITH CAPITAL HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER SMITH CAPITAL NOR ANY PERSON ASSOCIATED WITH SMITH CAPITAL MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR ANY CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER SMITH CAPITAL NOR ANYONE ASSOCIATED WITH SMITH CAPITAL REPRESENTS OR WARRANTS THAT THE SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES, CONTENT, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
7.2. Limitation of Liability.to the fullest extent permitted by law, IN NO EVENT WILL Smith Capital OR its OFFICERS, directors, employees, agents, licensors, OR service providers BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, LOST REVENUE, PROFITS, BUSINESS OR DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE. USE OF THE SERVICES IS AT YOUR SOLE RISK.
7.3. Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section 7 may not apply to you.
8. Indemnification. You agree to indemnify, defend, and hold Smith Capital and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Services and/or any Content, or any violation of these Terms of Use or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action.
9. Securities Products. None of the information made available on the Site constitutes a recommendation, solicitation or offer by Smith Capital or its affiliates to buy or sell any securities, futures, options or other financial instruments or provide any investment advice or service. The information provided on the Site has been prepared without reference to any particular user’s investment requirements or financial situation. Certain transactions give rise to substantial risk and are not suitable for all investors. Prior to the execution of any transaction by you involving information you received from the Site, you should consult your business advisor, attorney and tax and accounting advisors with respect to the price, suitability, value, risk or other aspects of any stock, mutual fund, security or other investment. Pricing and other information generated through the use of data or services made available on the Site may not reflect actual prices or values that would be available in the market at the time provided or at the time that a user may want to purchase or sell a particular security or other instrument. The information and services provided on the Site are not provided to and may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization or where Smith Capital is not authorized to provide such information or services. Some products and services described on the Site may not be available in all jurisdictions or to all clients.
10. Third Party Materials. The Services may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, “Third Party Materials”). You acknowledge and agree that Smith Capital is not responsible for any Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. Smith Capital does not assume and will not have any liability to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them at your own risk and subject to such third parties’ terms and conditions.
11. Miscellaneous.
11.1. Geographic Restrictions. Smith Capital is based in the State of Colorado in the United States. We make no claims that the Services or the Content are accessible or appropriate outside of the United States. Access to and use of the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
11.2. Governing Law; Jurisdiction. These Terms of Use shall be governed by and construed in accordance with the laws of the state of Colorado, without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall be in an appropriate state or federal court located in the County of Denver, State of Colorado and the parties unconditionally waive their respective rights to a jury trial.
11.3. Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Use will continue in full force and effect.
11.4. Entire Agreement. These Terms of Use, including our Privacy Policy, constitute the entire agreement between you and Smith Capital with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
12. Questions. If you have any questions about the Services or these Terms of Use, please email us at info@smithcapitalinvestors.com
Smith Capital Investors, LLC
SMITH CAPITAL INVESTORS
PRIVACY POLICY
Last Updated: May 18, 2018
Smith Capital Investors, LLC (“Smith Capital,” “we,” or “us”) respects your privacy. This Privacy Policy describes the types of information we may collect from you when you visit Smithcapitalinvestors.com or use our other products and services that include an authorized link to this Privacy Policy (collectively, the “Services”), how we use the information we collect, with whom we share it, how we protect it, and the choices we offer you regarding our collection and use of such information.
1. Information We Collect
We may collect personal information about you, meaning information that can uniquely identify you, from various sources, such as:
- Directly from you when you use the Services, such as when you request information, access certain features or content, or otherwise communicate with us; and
- Our service providers, business partners, and other third parties.
The personal information we may collect about you may include, without limitation contact information, such as name, postal address, email address, and phone number.
When you use the Services, we may also collect certain information by automated means, such as cookies. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. The information we may collect by automated means may include, without limitation, information about the device used to access the Services, the timing of such access, and the actions taken when using the Services. To the extent that we pair this information with your personal information, we will treat it in accordance with this Privacy Policy.
2. How We Respond to “Do Not Track” Signals
Your web browser may let you choose your preference as to whether you want to allow the collection of information about your online activities over time and across different websites or online services. We honor the preferences you may have set in your web browser regarding such collection of your information.
3. How We Use the Information We Collect
We may use the information we obtain about you to:
- Process your requests for information and/or services;
- Send you information or materials you request;
- Respond to your questions and comments and provide customer support;
- Communicate with you about our products, services, offers, and promotions;
- Operate, evaluate, and improve our business and the products and services we offer;
- Analyze and enhance our marketing communications and strategies;
- Analyze trends and statistics regarding use of the Services;
- Protect against and prevent fraud, unauthorized transactions, claims, and other liabilities, and manage risk exposure, including by identifying potential hackers and other unauthorized users;
- Enforce our Terms of Use and other agreements; and
- Comply with applicable legal requirements and industry standards.
We may combine the information we collect with publicly available information and information we receive from our affiliated entities, business partners, and other third parties. We may use that combined information to enhance and personalize your experience with us, to communicate with you about products, services, and events that may be of interest to you, for promotional purposes, and for other purposes described in this Privacy Policy.
We also may use the information we obtain about you in other ways for which we provide specific notice at the time of collection.
4. Disclosure of Information
We may disclose aggregated information about our users, and information that does not identify any individual user, without restriction. We may disclose personal information about you:
- To contractors, service providers, and other third parties we use to support our business;
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
- To enforce or apply our Terms of Use and other agreements;
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Smith Capital, users of the Services, or others; and
- With your consent.
We also reserve the right to transfer your personal information to a buyer or other transferee in the event of a merger, divestiture, restructuring, reorganization, dissolution, sale, or other transfer of some or all of our assets. Should such a sale, merger, or transfer occur, we will use reasonable efforts to require the transferee to use your personal information in a manner that is consistent with our Privacy Policy.
5. Data Security
We have implemented measures intended to protect your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Please note that the electronic transmission of information is not completely secure. We cannot guarantee that the security measures we have in place to safeguard personal information will never be defeated or fail, or that such measures will always be sufficient or effective. Any transmission of personal information is at your own risk.
6. Your Choices
We offer you the following choices about the information we collect from you and how we communicate with you:
Cookies
Many web browsers allow you to manage your preferences. You can set your browser to refuse cookies or delete certain cookies. Unless you have adjusted your browser setting so that it will reject cookies, our system will issue cookies when you access or use our online services. In the event you refuse to accept cookies by adjusting your browser setting, some or all areas of our online services may not function properly or may not be accessible.
Promotional Communications
If you do not want us to use your contact information to promote our products or services, you can opt out by sending us an email stating your request to info@smithcapitalinvestors.com. Additionally, if you have received a promotional email from us, you can also opt out of receiving future promotional emails from us by following the unsubscribe instructions contained in such email.
7. Accessing and Changing Your Information
You may send us an email at info@smithcapitalinvestors.com to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
8. Children Under the Age of 13
The Services are not directed to, and Smith Capital does not knowingly collect or solicit personal information from, children under the age of 13. If we learn we have collected or received personal information from a child under the age of 13, we will delete that information. If you believe we might have any information from or about a child under the age of 13, please contact us at info@smithcapitalinvestors.com.
9. Changes to our Privacy Policy
Smith Capital reserves the right to update or change this Privacy Policy at any time. If we make a material change to our Privacy Policy, we will provide notice to you (by posting on our website) that our privacy practices have changed and will provide a link to the new policy. In the event we make a material change to how we use your personal information, we will provide you with an opportunity to opt out of such new or different use. The date this Privacy Policy was last updated is at the top of this page. We encourage you to review this Privacy Policy periodically to check for any updates or changes.
10. Data Transfers
Our Services are controlled, operated and administered by Smith Capital Stanley from its offices in the United States. This Privacy Policy is provided in accordance with and subject to applicable U.S. law. If you decide to access our Services from a location outside the United States, you hereby agree that your use of the Services is subject to this Privacy Policy and your personal information will be transferred or processed in the United States, which may have different data protection laws than those in the country where you reside.
11. Contact Us
If you have any questions about this Privacy Policy or our information practices, please email us at info@smithcapitalinvestors.com.
Smith Capital Investors, LLC
