Smith Capital Investors Website Terms of Use

Last Updated: January, 2025

1. Acceptance of Terms

These Website Terms of Use (these “Terms”) govern your access to websites and related services operated by or on behalf of Smith Capital Investors, LLC (“SCI” “we” or “us”). These Terms are important and affect your legal rights, so please read them carefully (including the arbitration and class action waiver provisions). Note that Section 14 of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.

By accessing or using Smithcapitalinvestors.com and our various related websites and services (collectively, the “SCI Services”), 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) affirms 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.

By accepting these Terms, you represent that you have the legal authority to do so, and that, if you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms. If you do not agree to every provision of these Terms, you may not, and we do not authorize you to, access or use the SCI Services or any features provided therein.

By accessing or using the SCI Services, you represent and warrant that you have not been previously suspended or removed from the SCI Services or engaged in any activity that could result in suspension or removal from the SCI Services.

You should not construe SCI’s publication of any content found on the SCI Services as an endorsement by SCI of the views expressed therein, or any warranty or guarantee of any strategy, recommendation, treatment or action made by the author of such content.

We may revise these Terms at any time for any reason at our sole discretion and may provide you notice of these changes by any reasonable means, including through the SCI Services. You can determine when we last updated these Terms by referring to the “Last Updated” legend at the top of these Terms. Except to the extent that your express consent to any revised Terms is required under applicable law, by continuing to access, browse or use the SCI Services, you agree to any revised Terms. If you do not agree to any revised Terms, you may not and we do not authorize you to use the SCI Services. We strongly recommend that you periodically visit this page to review these Terms.

2. User Registration

In order to access and use certain areas or features of the SCI Services, you may need to provide certain information and/or answer certain questions.

You agree to (a) provide accurate, current and complete information, (b) maintain and promptly update, as necessary, your information, (c) be responsible for the acts or omissions of any third party who has authority to access or use the SCI Services on your behalf, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the SCI Services. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend and/or terminate your current or future use of the SCI Services.

By providing information and/or answering questions, you also consent to receive electronic communications from SCI (e.g., via email or by posting notices to the SCI Services). You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.

We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

3. Right to Access and Use the SCI Services and Content

Unless otherwise indicated in writing by us, the SCI Services and all content and other materials contained therein, including, without limitation, any SCI service mark or logo and all designs, text, graphics, pictures, information, data, software, other files and the selection and arrangement thereof (collectively, “Content”) are the property of SCI or our licensors or users, as applicable, and are protected by U.S. and international copyright and other laws.

Subject to these Terms, you are hereby granted a limited personal, revocable, non-exclusive, non-transferable, non-sublicensable right to access, view and make personal, non-commercial use of the SCI Services and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the SCI Services or Content under these Terms, or any other rights thereto other than to use the SCI Services in accordance with the rights granted by, and subject to all terms, conditions and restrictions of these Terms.

You do not have any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the SCI Services or Content, (b) distribute, publicly perform or publicly display the SCI Services or any Content, (c) modify or otherwise make any derivative uses of the SCI Services or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the SCI Services or Content, except as expressly permitted by us, (f) use the SCI Services to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (g) interfere with the SCI Services or servers or networks used in connection with the SCI Services; (h) obtain or attempt to obtain access to areas of the SCI Services that are not intended for access by you or restrict or inhibit other users from accessing or using the SCI Services or (i) use the SCI Services or Content other than for their intended purposes.

Any use of the SCI Services or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the right of access and use granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as expressly permitted herein, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright, or other proprietary rights of SCI or any third party, whether by estoppel, implication or otherwise.

You will not remove, alter, or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit any Content.

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the SCI Services (or any features or parts thereof) at any time.

4. Trademarks

The SCI logo, and any other SCI product or service names, trademarks, logos, or other indicia that may appear on the SCI Services (“Marks”) are the property of SCI or its subsidiaries, affiliates or third parties, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Nothing contained in these Terms and/or the SCI Services shall be construed as granting, by implication or otherwise, any license or right to use any such Marks without the prior written permission of SCI or such third party that may own such Marks.

5. Legal Requirements; Privacy Policy

The Privacy Policy describes how we handle the personal information you provide to us when you use the SCI Services. For an explanation of our privacy practices, please visit our Privacy Policy located at https://smithcapitalinvestors.com/firm/.

6. User Content

You are solely responsible and liable for all data, information, and other materials (“User Content”) that you submit, upload, post, e-mail or otherwise transmit (“Transmit”) in connection with the SCI Services. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation, republication) or misuse by any third party of information made public through the SCI Services. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY THEREFOR.

You agree that you will not, and will not permit anyone else to, directly or indirectly: (a) Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable; (b) Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; or (c) forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the SCI Services.

Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the SCI Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the SCI Services at your sole cost and expense.

7. Rights in User Content

We do not claim any ownership interest in User Content. However, by uploading, posting or submitting User Content to the SCI Services or to our pages or feeds on third-party social media platforms (e.g., SCI’s  LinkedIn page), you hereby grant SCI a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes. However, SCI will only share personal information that you provide in accordance with our Privacy Policy.

You agree that SCI may disclose or use any User Content for any purposes permitted under applicable law, including, but not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of SCI, its customers or the public.

8. Feedback

Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about SCI, or the SCI Services (collectively, “Feedback”). Feedback shall become the sole property of SCI. SCI shall own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

9. Third-Party Sites

We have not reviewed all of the websites linked to the SCI Services and are not responsible for the content of any third-party pages, any other websites linked to the SCI Services, or any products or services offered by third parties. Nothing in the SCI Services, including, without limitation, any links to other websites, should be construed as an endorsement by SCI of any products, services or information of any other persons or companies. Your choice to access a link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. SCI reserves the right not to link, or to remove the link, to a particular website at any time.

Any links to third-party websites are provided as a convenience to you and are neither owned nor operated by SCI. We have no control over these linked websites and make no representations or warranties with respect to these linked websites or third-party products or services. Your viewing and use of any third-party websites is at your sole discretion and risk.

10. Indemnification

You shall indemnify, hold harmless, and, at SCI’s option, defend SCI and its affiliates and subsidiaries from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) (“Losses”) incurred by SCI resulting from any third-party claim, suit, action or proceeding relating to or arising from your use of the SCI Services, any User Content, any Feedback you provide, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the SCI Services or any of its features. You further agree that SCI shall have control of the defense or settlement of any third-party claims unless SCI exercises its option to require you to defend SCI. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and SCI.

11.  Securities Products

None of the information made available by SCI Services constitutes a recommendation, solicitation, or offer by SCI 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 SCI Services 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 SCI Services, 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 SCI Services 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 another instrument. The information and services provided on the SCI Services 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 SCI is not authorized to provide such information or services. Some products and services described on the SCI Services may not be available in all jurisdictions.

12. General Disclaimers

THE SCI SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SCI DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SCI SERVICES; (B) CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE SCI SERVICES. SCI HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

SCI DOES NOT REPRESENT OR WARRANT THAT THE SCI SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SCI SERVICES OR THE SERVERS THAT MAKE THE SCI SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. SCI DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SCI SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SCI SERVICES IS AT YOUR SOLE RISK. SCI DOES NOT WARRANT THAT YOUR USE OF THE SCI SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION. SCI SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.

BY ACCESSING OR USING THE SCI SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SCI SERVICES.

13. Limitation of Liability; Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SCI BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SCI SERVICES (INCLUDING, BUT NOT LIMITED TO, USER CONTENT AND LINKS TO THIRD-PARTY WEBSITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM SCI, OR FROM EVENTS BEYOND SCI’S REASONABLE CONTROL, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF SCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF SCI ARISING OUT OF OR IN ANY WAY RELATED TO THE SCI SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE SCI’S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

14. Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH SCI AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

YOU AND SCI AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SCI SERVICES SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES.

Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under these Terms that a court can award under these Terms. You and SCI agree that any in-person arbitral hearing would occur in the United States in the same county and state as your billing address. SCI further agrees that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and SCI are each waiving the right to a trial by jury and/or to participate in a class action. This arbitration provision shall survive termination of these Terms and the termination of your use of the SCI Services. Further, unless both you and SCI agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

15. Class Action Waiver

REGARDLESS OF THE FORUM, YOU AND SCI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16. Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the SCI Services at any time and for any or no reason, and you acknowledge and agree that in such event we shall have no liability or obligation to you.

17. Governing Law and Jurisdiction

SCI operates the SCI Services from the State of Colorado, U.S.A. These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance, and enforcement, shall be governed by the laws of the State of Colorado, U.S.A. including its statutes of limitations, but without reference to conflict or choice of law provisions. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in Colorado shall not apply. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement shall be state and federal courts sitting in County of Denver, State of Colorado, and the parties agree not to raise, and waive, any objections or defenses based upon venue or forum non conveniens with respect to such courts.

18. Notice

All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to SCI at the following contact: info@smithcapitalinvestors.com. Any notices to you may be made via either e-mail or postal mail to the address in SCI’s records or via posting on the SCI Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

Persons with disabilities who need assistance accessing these Terms may contact us as provided for in this Section, and depending on your individual needs, we will grant reasonable requests to furnish these Terms in an alternative format.

19. Severability

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

20. Procedure for Making Claims of Copyright Infringement

If you believe in good faith that any of the content on the SCI Services infringes your copyright, please provide our copyright agent the following written information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the SCI Services; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

SCI’s copyright agent for notice of claims of copyright infringement can be reached as follows:

SCI
Attn: Compliance
compliance@smithcapitalinvestors.com

21. Miscellaneous

The SCI Services are hosted in the United States of America. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer. These Terms constitute the entire agreement between you and SCI relating to your access to and use of the SCI Services. These Terms, and any rights granted hereunder, may not be transferred, or assigned by you without the prior written consent of SCI. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent, or subsequent circumstance, and SCI’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

SCI00577

Smith Capital Investors, LLC Privacy Notice
Last Updated: January 16, 2025

1. Acceptance of Privacy Notice

Welcome to Smith Capital Investors, LLC (“SCI” “we” or “us”) and our Privacy Notice (“Privacy Notice”). This Privacy Notice is important and affects your legal rights, so please read carefully.

By accessing or using https://smithcapitalinvestors.com/ and various related websites and services (collectively, the “SCI Services”), you agree to be bound by this Privacy Notice and all of the terms incorporated herein by reference. By using the SCI Services and/or submitting or collecting any personal data via the SCI Services, you accept and expressly consent and agree to our practices surrounding the collection, use, and sharing of your personal information in accordance with this Privacy Notice. If you do not consent and agree with the terms of this Privacy Notice, you cannot, and we do not authorize you to, access, browse, or use the SCI Services.

2. Information We Collect

2.1 Personal Information We Collect Directly from You

Categories of Non-Public Personal Information We Collect

We receive non-public personal information as described to you at the point of collection, pursuant to your consent, and/or when you voluntarily provide us with personal information, including:

(1) individual information (such as your e-mail address and phone number);
(2) company information (such as your company’s address); and
(3) other identifying information that you voluntarily choose to provide to us, including without limitation personal information in messages you send to us.

We may also collect additional information, which may be personal information, as otherwise described to you at the point of collection or pursuant to your consent.

2.2 Information We Automatically Collect When You Use Our Site

In order to access and use certain areas or features of the SCI Services, you consent to our collection and use of certain information about your use of the SCI Services through the use of tracking technologies or by other passive means. Your consent to our access and use of this “passively collected” information includes, but is not limited to, search engines used, the internet protocol (IP) address used, the length of time spent on the SCI Services, the pages you looked at on the SCI Services, the type of device and/or internet browser you have, the frequency of your visits to the SCI Services, and other relevant statistics (collectively “Traffic Data”).

3. How We Collect Information

We collect information (including personal information and Traffic Data) when you use and interact with the SCI Services, and in some cases from third party sources. Such means of collection include:

When you access, use, or contact us through the SCI Services.
When you voluntarily provide information through the SCI Services.
If you use a location-enabled browser, we may receive information about your location and device.
Through Cookies, Web Beacons, analytics services, and other tracking technologies (collectively, “Tracking Tools”).
When you provide your information as a customer of SCI.

5. How We Use Your Information

We do not engage in automated decision making. We may use information (including information that has been de-identified and/or aggregated) to better understand who uses the SCI Services and how we can deliver a better user experience. We use information, including personal information, to provide the SCI Services and to help improve the SCI Services, to develop new services, and to advertise our services. Specifically, such use may include:

Providing you with the products, services, and information you request.
Corresponding with you.
Providing, maintaining, administering, or expanding the SCI Services, performing business analyses, and for other internal purposes.
Combining information received from third parties or publicly available information with information that we have from or about you and using the combined information for any of the purposes described in this Privacy Notice.

Fulfilling our legal obligations, such as preventing, detecting, and investigating security incidents, fraud, and potentially illegal or prohibited activities.
We also may use the information we obtain about you in other ways for which we provide specific notice at the time of collection.
Enforcing our Privacy Notice and other agreements.

5. How We Share or Disclose Your Information

In certain circumstances, and to perform the SCI Services, we may share certain information about you as described in this section:

We may transfer your personal information to another company in connection with a proposed merger, sale, acquisition or other change of ownership or control by or of SCI (whether in whole or in part). We will make reasonable efforts to notify you before your information becomes subject to different privacy practices.
We also may need to disclose your personal information or any other information we collect about you if we determine in good faith that such disclosure is needed to: (1) comply with or fulfill our obligations under applicable law; (2) protect the rights, property or safety of you, SCI or another party; (3) enforce this Privacy Notice or other agreements with you; or (4) respond to claims that any posting or other content violates third-party rights.

6. 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.

7. Cookies and Traffic Data

We may use tools outlined below to provide the SCI Services, advertise to, and better understand users.

• Cookies: “Cookies” are small computer files transferred to your device that contain information such as user ID, user preferences, lists of pages visited and activities conducted while using the SCI Services. We use Cookies to: (i) improve and tailor the SCI Services, (ii) customize advertisements, (iii) measure performance, (iv) store authentication so re-entering credentials is not required, (v) customize user experiences, and for (vi) analytics and fraud prevention. For more information on Cookies, including how to control your Cookie settings and preferences, visit http://www.allaboutCookies.org. You can also manage Cookies in your web browser (for example, Edge, Explorer, Chrome, Safari). If you choose to change your settings, you may find that certain functions or features of the SCI Services will not work as intended. The follow details the types of Cookies we use and why we use them:

o Absolutely necessary Cookies. These Cookies are essential to enable you to move around a website and use its features. Without these Cookies, services you have asked for, like adding items to an online order, cannot be provided.

o Performance and Preference Cookies. These Cookies collect information about how you use the SCI Services. Information collected includes, the Internet browsers and operating systems used, the domain name of the website previously visited, the number of visits, average duration of visit, and pages viewed. These Cookies do not collect information that personally identifies you and only collect aggregated and anonymous information. Performance Cookies are used to improve the user-friendliness of a website and enhance your experience.

o Functionality Cookies. These Cookies allow the SCI Services to remember choices you make (such as your username, language preference, or the area or region you are in) and provide enhanced, more personal features. These Cookies can also be used to remember changes you have made to text size, fonts, and other customizable parts of the SCI Services. The information these Cookies collect may be anonymized, and they cannot track your browsing activity on other websites.

o Statistics Cookies. These Cookies help website owners to understand how visitors interact with websites by collecting and reporting information anonymously.

o Marketing Cookies. These Cookies are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third party advertisers.

Web Beacons: “Web Beacons” (a.k.a. clear GIFs or pixel tags) are tiny graphic image files embedded in a web page or email that may be used to collect information about the use of the SCI Services. The information collected by Web Beacons allows us to analyze how many people are using the SCI Services, using selected publishers’ websites, or opening emails, and for what purpose.

Web Service Analytics: We may use third-party analytics services in connection with the SCI Services, including, for example, to register mouse clicks, mouse movements, scrolling activity and text typed into the SCI Services. We use the information collected from these services to help make the SCI Services easier to use and as otherwise set forth in Section 5 (How We Use Your Information). These analytics services generally do not collect personal information unless you voluntarily provide it.

Mobile Device Identifiers: As with other Tracking Tools, mobile device identifiers help SCI learn more about our users’ demographics and Internet behaviors in order to personalize and improve the SCI Services. Mobile device identifiers are data stored on mobile devices that may track activities occurring on and through it, as well as the applications installed on it. Mobile device identifiers enable collection of personal information (such as media access control, address, and location) and Traffic Data.

You may be able to reject Cookies and/or mobile device identifiers by activating the appropriate setting on your browser or device. Although you are not required to accept SCI’s Cookies or mobile device identifiers, if you block or reject them, you may not have access to all features available through the SCI Services.

• You may opt out of receiving certain Cookies by visiting the Network Advertising Initiative (NAI) opt out page or the Digital Advertising Alliance (DAA) opt out page, or by installing the DAA’s AppChoice app (for iOS; for Android) on your mobile device. When you use these opt-out features, an “opt-out” Cookie will be placed on your device indicating that you do not want to receive interest-based advertising from NAI or DAA member companies. If you delete Cookies on your device, you may need to opt out again. For information about how to opt out of interest-based advertising on mobile devices, please visit http://www.applicationprivacy.org/expressing-your-behavioral-advertising-choices-on-a-mobile-device. You will need to opt out of each browser and device for which you desire to apply these opt-out features.

8. Storage and Security of Information

Any information you send to us electronically, while using the SCI Services or otherwise interacting with us, may not be secure when it is transmitted to us. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us. We have implemented measures and controls intended to protect your personal information from accidental loss and unauthorized access, use, alteration, and disclosure.

Please be aware, despite our best efforts, no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” Any information you send us through any means is transmitted at your own risk.

9. Purposes for Collection, Use, and Sharing.

We use and disclose the personal information we collect for our commercial purposes, as further described in this Privacy Notice, including for our business purposes with our partners and service providers as follows:

Legal compliance and auditing related to our interactions with you.
Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and exercising our related rights.
Performing and improving our services (by us or our service provider(s)).
Internal operations.
Other one-time or short-term uses.

10. How Long We Retain Your Information

We retain personal information about you for as long as necessary to provide you the SCI Services. In some cases, we retain personal information for longer, if doing so is necessary to comply with our legal obligations, or as otherwise permitted by applicable law. Afterwards, we retain some information in a de-identified and/or aggregated form but not in a way that would identify you personally.

11. Information Provided on Behalf of Children and Others

The SCI Services are not intended for use by children. Individuals under the age of 18 may not use the SCI Services. SCI does not knowingly collect any information from children. If you are under 18, do not attempt to send us any personal information. By accessing, using and/or submitting information through the SCI Services, you represent that you are not younger than 18 and that you have authority to do so.

12. Third Party Web Services

The SCI Services may contain links or content from third party websites. A link or content from a third-party website does not mean we endorse that website, the accuracy of information presented, or the persons or entities associated with that website. If you visit a third-party website, you are subject to the privacy Notice of the applicable third party and we are not responsible for the policies and/or practices of any third party. We encourage you to ask questions before you disclose your information to others.

13.  Your Privacy Choices

We offer you the following choices about the information we collect from you and how we communicate with you:

Promotional Communications

If you do not want us to use your contact information to receive our promotions for 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.

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.

14. Updates and Changes to Privacy Notice

The effective date of this Privacy Notice is set forth at the top of this webpage. We will notify you of any material change by posting notice on this webpage. Your continued use of the SCI Services after the effective date of any amendment to this Privacy Notice constitutes your acceptance of the amended Privacy Notice. We encourage you to periodically review this page for the latest information on our privacy practices. Any amended Privacy Notice supersedes all previous versions. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS PRIVACY NOTICE, YOU MUST STOP USING THE SCI SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES.

15. Contact Us

If you have any questions about this Privacy Notice, please contact us at info@smithcapitalinvestors.com or at:

Name
Attn: Business Operations
Address: 1430 Blake Street, Denver, CO 80202
Email: info@smithcapitalinvestors.com
SCI00570

John Howell

Retired Senior Vice President of Clinic Services Corporation and formerly President & General Manager of Seven-Up Bottling Company of Denver, John brings 48 years of business experience to this consulting role.

He has participated on national advisory boards providing brand and marketing strategies for the Seven-Up Company, The Canada Dry Corporation, The Squirt Company, and Hawaiian Punch (RJR).