Terms and Conditions of Use

BY ACCESSING THIS WEBSITE AND ANY MATERIALS PRESENTED HEREIN, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE FOLLOWING TERMS AND CONDITIONS WITH RESPECT TO THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU ARE NOT PERMITTED OR AUTHORIZED TO USE OR ACCESS THIS WEBSITE. YOUR BREACH OF ANY PROVISION OF THESE TERMS AND CONDITIONS OF USE WILL AUTOMATICALLY, WITHOUT THE REQUIREMENT OF NOTICE OR OTHER ACTION, REVOKE AND TERMINATE YOUR RIGHT TO ACCESS THIS WEBSITE.

LEAR INVESTMENT MANAGEMENT, LLC (“LIM”, “WE,” “US”, “OUR”) RESERVES THE RIGHT TO LIMIT OR DENY ACCESS TO THIS WEBSITE TO ANY PERSON, GEOGRAPHIC REGION OR JURISDICTION AT ANY TIME IN OUR SOLE DISCRETION. IN ADDITION, WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO CHANGE, MODIFY, AND OR REMOVE PORTIONS OF THE TERMS AND CONDITIONS OF USE AT ANY TIME WITHOUT PRIOR NOTICE.

No Offer or Reliance

The information presented in this Website is provided for general informational purposes only and this Website does not constitute an offer, solicitation or recommendation to sell or an offer to buy any securities, investment products or investment advisory services. Offers can only be made where lawful under, and in compliance with, applicable law. The information in this Website is not intended to provide, and should not be relied upon for, accounting, legal, tax advice or investment recommendations. Each user is encouraged to consult with its own tax, legal, accounting, financial and/or other advisors regarding the information and matters contained in this Website. We do not represent that any securities, transactions, financial instruments, products or services discussed on this Website are suitable or appropriate for all clients or investors or available for sale or use in all jurisdictions. Decisions based on information contained on this Website are the sole responsibility of the user.

PAST PERFORMANCE IS NOT NECESSARILY A RELIABLE INDICATOR OF FUTURE PERFORMANCE. INVESTMENTS ARE SUBJECT TO A WIDE VARIETY OF RISKS AND CONSIDERATIONS, INCLUDING THE RISK OF LOSS.

Ownership of Content

All text, images, illustrations, designs, icons, information, data, services, graphics, sounds, software code and other content (the “Content”) on the Website are the property of LIM or others and are protected by copyright and other laws. They may only be used for the personal education of visitors to the Website and they may not be placed in the public domain. You may not reproduce, modify, create derivative works from, redistribute, publish or otherwise use by electronic or any other means any of the Content without our prior written consent.

Trademarks

LIM’s logo on the Website is a service mark of LIM and it may not be used or displayed without the prior written consent of LIM. All other trademarks, service marks and company names and logos appearing on the Website are the property of their respective owners.

Monitoring by LIM

Your use of the products and services on this Website may be monitored by LIM, and that the resultant information may be used by LIM for its internal business purposes or in accordance with the laws and/or rules of any applicable regulatory or self-regulatory organization.

Indemnification

As a condition to your use of the Website, you agree to indemnify and hold LIM and its affiliates harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees), as incurred, arising from your use of the Website or related services or from your violation of these Terms and Conditions of Use.

Disclaimer of Warranties

THIS WEBSITE AND THE INFORMATION SET FORTH HEREIN ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR OTHERWISE. CERTAIN OF THE INFORMATION SET FORTH IN THIS WEBSITE IS BASED UPON INFORMATION FROM VARIOUS SOURCES BELIEVED BY LIM TO BE RELIABLE. LIM HAS NOT INDEPENDENTLY VERIFIED ANY SUCH INFORMATION AND SHALL NOT HAVE ANY LIABILITY ASSOCIATED WITH THE INACCURACY OR INADEQUACY THEREOF. LIM EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT), WITH RESPECT TO THE USE OF OR THE RESULT OF THE USE OF (A) THIS WEBSITE OR (B) ANY INFORMATION OR MATERIALS AVAILABLE ON THIS WEBSITE OTHER THAN AS EXPRESSLY SET FORTH IN SUCH INFORMATION OR MATERIALS, INCLUDING WITHOUT LIMITATION THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR RELIABILITY OF SUCH INFORMATION OR MATERIALS.

 

Limitation of Liability

LIM AND ITS AFFILIATES, OFFICERS, AGENTS, PARTNERS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, RESULTING FROM THE USE OF OR THE INABILITY TO USE THIS WEBSITE AND SERVICES OR ANY DELAY IN USING THIS WEBSITE OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS ON LIABILITY APPLY EVEN IF LIM OR ANY OF ITS OFFICERS, PRINCIPALS, MANAGERS, MEMBERS, AGENTS, EMPLOYEES OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, THE SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

Website Security

You may not violate or attempt to violate the security of this Website. Tampering with any portion of this Website, providing untruthful or inaccurate information, misrepresenting your identity, or conducting fraudulent activities on this Website, whether or not through the use of agents, is prohibited and constitutes a breach of these Terms and Conditions of Use.

Privacy Policy

Please review LIM’s Privacy Policy, which is incorporated herein by reference, to learn about the information we collect from you, how we use that information and the measures we take to preserve the privacy and security of your information. By accessing and using this Website, you hereby authorize us to make available any information you provide to us, including personally identifiable information, to the third party that hosts this Website to the extent reasonably necessary to facilitate the use and operation of this Website.

Governing Law

These Terms and Conditions of Use will be governed by and construed in accordance with the laws of the State of Texas, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to any use of the Website shall be filed only in the state or federal courts located in Dallas County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Contact

For more information please contact Lear Investment Management at (214) 445-5900 or holly@learim.com.