TERMS OF USE

By accessing this website, (the “Site”) you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Site. The materials contained in this Site are protected by applicable copyright and trademark and other intellectual property or proprietary rights laws of the United States and foreign countries.

We may revise and update these Terms of Use from time to time in our sole discretion. Your continued use of this Site following the posting of revised Terms of Use means that you accept and agree to the changes.

The information provided on the awalkerco.com website (“AW&C,” “Site,” “this site,” “we,” “us” or “our”) is provided “AS IS” and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Site does not warrant, either expressly or impliedly, the accuracy or completeness of the information, text, graphics, links or other items contained on this Site and we expressly disclaim all liability for errors and omissions in these materials and for the use or interpretation by others of information contained on the Site.

We will not be responsible for any loss or damage that could result from interception by third parties of any information made available to you via this Site. Neither A.Walker & Company, nor any of its affiliates, directors, officers or employees, nor any third party vendor retained by us will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Site, or resulting from the act or omission of any other party involved in making this Site or the data contained therein available to you, or from any other cause relating to your access to, inability to access, or use of the Site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of us or of any vendor providing software or support services for this Site.

In no event will we, our affiliates or any such parties be liable to you for any direct, special, indirect, consequential, incidental damages or any other damages of any kind even if we or any other party have been advised of the possibility thereof.

Nothing contained in this Site constitutes investment advice. Neither the information, nor any opinion contained in this Site constitutes a solicitation, recommendations or offer by us or our affiliates to buy or sell any securities, futures, options or other financial instruments, nor shall any such security be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction.

Decisions based on information contained on this Site are the sole responsibility of the visitor, and in exchange for using this Site, the visitor agrees to hold us harmless against any claims for damages arising from any decisions that the visitor makes based on such information.

Notwithstanding these provisions, you are not entitled to access the Site if doing so would involve a breach of law by you or us in any country. It is your responsibility to be aware of the relevant laws and regulations.

Parts of this website are accessible to all users and other parts of the Site are restricted to our  retail or institutional clients and consultants who register on the website. These Terms of Use apply to all users.

Our Terms and Conditions

This website is owned and operated by A.Walker & Company. Except as otherwise permitted by us, no materials from this Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download material displayed on this Site only provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this Site for public or commercial purposes, including the text, images, audio and video without our written permission. Modification or use of the materials for any other purpose violates our intellectual property rights.

The registered and unregistered trademarks, logos and service marks (collectively, the “Trademarks”) displayed on the Site, including the A.Walker & Company logo, the “A” favicon, and other marks that refer to our name and company are trademarks of A. Walker & Company, its licensors or third parties, except as explicitly noted.

We neither warrant nor represent that your use of materials displayed on this Site will not infringe rights of third parties not owned by or affiliated with us. Nothing contained on the website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on this website without the written permission of A.Walker & Company or the owner of the trademark.

Images displayed on this website are either the property of, or used with permission by, A. Walker & Company. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If you download any information from this Site, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information.

You are hereby advised that A. Walker & Company will aggressively enforce its intellectual property rights, including pursuing all remedies available under civil and criminal law.

The information on this Site is provided for informational purposes only. While AW&C seeks to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. AW&C does not represent that the material on this website is accurate, current or complete and it should not be relied upon as such. We reserve the right to make changes, deletions and corrections at any time without notice.

To the fullest extent permissible pursuant to applicable law, AW&C disclaims all warranties, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. AW&C does not warrant, either expressly or implicitly, the accuracy or completeness of the information, text, graphics, links or other items on this Site and AW&C expressly disclaims all liability for errors and omissions in these materials and for the use or interpretation by others of information on the Site. AW&C will not be responsible for any loss or damage that could result from interception by third parties of any information made available via this Site.

Neither AW&C, nor any of its affiliates, directors, officers or employees, nor any third-party vendor retained by AW&C will be liable or have any responsibility of any kind for any loss or damage incurred in the event of any failure or interruption of this Site, or resulting from the act or omission of any other party involved in making this Site or the data contained therein, or from any other cause relating to access to, inability to access, or use of the Site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of AW&C or of any vendor providing software or support services for this Site.

Nothing on this website constitutes investment advice. Neither the information, nor any opinion contained in this Site constitutes a solicitation or offer by AW&C or its affiliates to buy or sell any securities, futures, options or other financial instruments, nor shall any such security be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase or sale would be unlawful under the securities laws of such jurisdiction.

This website also does not constitute, and should not be considered to be, tax advice. Depending on each country and local jurisdiction, tax rules are complicated and their impact on a particular individual may differ depending on the individual’s specific circumstances. Investors should consult with their legal or tax advisor regarding their specific situations.

Decisions based on information on this website are the sole responsibility of the visitor, and in exchange for using this website, the visitor agrees to hold AW&C harmless against any claims for damages arising from any decisions that the visitor makes based on such information.

The website places an anonymous “cookie”-a small computer file-on your computer while you are using the website. These cookies allow us to understand how many individuals visit the Site, how frequently they return and what information they view most often.

These cookies do not reveal your identity to us or provide us with personally identifiable information about your use of the Site. You can delete the cookie from your computer by clearing the cache on your browser or by adjusting the settings on your browser to either not collect cookies and site data or by choosing to clear cookies and site data after each Internet session.

Website e-mail messages sent by AW&C include an encrypted file containing your contact information. If you choose to visit the Site by clicking on a link in the e-mail, the Site places a personal cookie on your computer, allowing us to collect personally identifiable information about your use of the Site.

We use this information to understand how our website and website e-mail is used, including the number, frequency and duration of your visits to each page as well as your path of navigation. This information is held in an online database, which is accessible only to certain technical employees and vendors of AW&C. Information about individual user traffic is held for up to six months and is not shared with any third parties. Please refer to our Privacy Policy, which explains how the information you provide is used and protected.

If you choose to register to use the Site, you agree (a) to provide true, accurate, current and complete information about yourself when prompted by our registration form or any other form we ask you to complete at any time, and (b) to maintain and update promptly any personal information on the Site so as to keep it true, accurate, current and complete.

If you register, no one other than you is authorized to use your username or password. You must keep your username and password confidential and take all reasonable precautions to prevent unauthorized use thereof. If you suspect anyone else has used or is using your username or password, you must notify us immediately.

When you register for the website and when you are logged in, a personal cookie is placed on your personal computer. The cookie contains an encrypted version of your login information, which allows the Site to identify you. These cookies allow us to:

• Verify your identity for access to privileged information;
• Confirm that you have accepted these Terms of Use; and
• Understand how you and other registrants use the website and web e-mail.

The cookie collects personally identifiable information about how you use the website and website e-mail, including number, frequency and duration of your visits to each page as well as your path of navigation. This information is held in an AW&C database, which is accessible only to employees of AW&C. Information about individual user traffic is held for up to six months and is not shared with any third parties. Please refer to our Privacy Policy, which explains the information you provide us is used and protected.

Retaining the cookie on your personal computer after leaving the Site allows you to bypass these Terms of Use and access privileged information, when available, without logging back in. You can delete the cookie from your computer by clicking the “Log Out” button in the navigation bar when you leave the Site. When you return, you will be asked to re-enter your username and password, and a new cookie will be established on your computer or mobile device.

AW&C reserves the right to terminate your access to the Site at will and without notice, in whole or in part at any time. In the event of a termination, AW&C shall have no liability to you and no refund for any pre-paid amounts will be given.

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Site, or to restricted areas of the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack our Site via a denial-of-service or distributed denial-of-service attack or take any action with similar effect.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.

E-mail submitted to this Site should be considered neither secure nor confidential. AW&C makes no representation whatsoever concerning the security or confidentiality of your e-mail messages and specifically makes no representation that any e-mail message submitted through this Site will be received by AW&C.

Any communications or material you transmit to this website by electronic mail or otherwise, including data, questions, comments or suggestions, will be treated as nonconfidential and nonproprietary and will become the property of AW&C or its affiliates. Such communications or material shall be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, AW&C is free to use any ideas, concepts, know-how or techniques contained in any communication you send to this website for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.

The information contained on the blog section of this Site may be provided by parties unrelated to AW&C and the opinions expressed are not necessarily those of AW&C. We neither warrant nor represent that the content of this blog is accurate or reliable.

Users of this blog are solely responsible for their interactions with, and information provided to, other users. AW&C is not involved in, a party to, or responsible for any communications, interactions or transactions, regardless of medium conveyed, between you and any user of this Site, or any disputes arising therefrom. AW&C will not be liable for any damages arising from your reliance on the content of this blog, or the use or misuse, by any third party, of personal confidential information that you voluntarily disclose on this blog.

Should you leave this Site via a link contained herein, and view content that is not provided by AW&C, you do so at your own risk. The content to which you link will not have been developed, checked for accuracy or otherwise reviewed by AW&C. We are not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such site, whether actual, alleged, consequential or punitive. AW&C makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content.

This website is controlled and operated by AW&C from its offices within the State of New York, United States of America. AW&C makes no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials on this Site in violation of US export laws and regulations.

The laws of the State of New York govern these terms and conditions. If you take legal action relating to these terms and conditions, you agree to file such action only in the New York State Supreme Court, or the United States District Court for the Southern District of New York, and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any such action.

Adobe^®, Acrobat^®, Acrobat^® Reader, and the Acrobat logo are trademarks of Adobe Systems Incorporated. Microsoft^® and Internet Explorer are trademarks of Microsoft Corporation. Standard & Poor’s^®, S&P^®, Standard & Poor’s 500, S&P 500^®, are trademarks of The McGraw-Hill Companies, Inc.

At AW&C, protecting the privacy and confidentiality of our clients’ personal information is a priority. We understand that you may have entrusted us with your private financial information, and we do everything possible to maintain that trust. The following sets forth details of our approach to ensuring the confidentiality of your personal information.

• We never sell client lists or information about our clients (or former clients) to anyone.
• In the normal course of business we collect information about our clients from the following sources: (1) account documentation, including applications or other forms (which may include information such as the client’s name, address, social security number, assets, and income) and (2) information about our clients’ transactions with us (such as account balances and account activity).
• We have strict policies and procedures to safeguard personal information about our clients (or former clients) which include (1) restricting access and (2) maintaining physical, electronic, and procedural safeguards that comply with federal standards for protecting such information.
• To be able to serve our clients and to provide financial products efficiently and accurately, it is sometimes necessary to share information with companies that perform administrative services for us or on our behalf. These companies are required to use this information only for the services for which we hired them, and are not permitted to use or share this information for any other purpose.

Software downloaded from or accessed through this Site is further subject to the United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Order. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Past performance is not necessarily a guide to future returns and no representation or warranty, express or implied, is made regarding future performance. The value of investments and any return from them can go down as well as up. You may not get back the amount originally invested. Some investments discussed on this Site may have a high level of volatility. High-volatility investments may experience sudden and large falls in their value, causing losses when that investment is realized. Those losses may equal your original investment. Indeed, in the case of some investments, the potential losses may exceed the amount of initial investment and, in such circumstances you may be required to pay more money to support those losses.

Income yields from investments may fluctuate and, in consequence, initial capital paid to make the investment may be used as part of that income yield. Some investments may not be readily realizable and it may be difficult to sell or realize those investments. Similarly, it may prove difficult for you to obtain reliable information about the value or risks to which such an investment is exposed.

If any provision of these terms is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of the remaining provisions. The preceding terms and conditions of use represent the entire agreement between AW&C and the user relating to the subject matter herein.

 

Additional Terms

Certain information provided through this Site has been filed with the United States Securities and Exchange Commission (“SEC”) (such materials being referred to as “SEC Materials”). AW&C does not assume any duty of disclosure beyond that which is imposed by law, and expressly disclaim any duty to update any information set forth in the SEC Materials. The SEC Materials should be read in conjunction with AW&C’s periodic reports filed with the SEC, including the disclosures therein of certain factors which may affect AW&C’s future performance. Individual statements appearing in the SEC Materials are intended to be read in conjunction with and in the context of the complete SEC Materials in which they appear, rather than as stand-alone statements.

Certain statements included in both the SEC Materials and other public disclosures of AW&C contained on this Site are “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements are subject to risks, uncertainties and other factors which could cause actual results to differ materially from future results expressed or implied by such forward-looking statements. The most significant of such factors include, but are not limited to, the following: the performance of financial markets, the investment performance of AW&C’s sponsored investment products and separately managed accounts, general economic conditions, future acquisitions, competitive conditions, and government regulations, including changes in tax rates. AW&C cautions readers to carefully consider such factors. Further, such forward-looking statements speak only as of the date on which such statements are made; AW&C undertakes no obligation to update any forward-looking statements to reflect events or circumstances after the date of such statements.

When appropriate, certain research reports on this website are filed with the Financial Industry Regulatory Authority for evaluation. To obtain copies of these evaluations (i.e., Review Letters), please send your request to: A. Walker & Company, c/o Legal and Compliance Department, 375 Park Avenue, New York, NY 10152, USA.