Pacific Global Investment Management Company Website Terms and Conditions of Use
This website is provided by Pacific Global Investment Management Company (“PGIMC” or “we” or “us”) and is intended for residents of the United States only. If you choose to access this website from locations outside of the United States, you do so at your own initiative and risk, and are responsible for compliance with all applicable laws. This website is for informational purposes only; nothing on this website should be considered a solicitation to buy, or an offer to sell, or a recommendation for any security, or an offer of investment advice, or as an offer to provide any other service to any person or entity where such offer or solicitation would be unlawful under the securities laws of such jurisdiction.
The following terms and conditions of use of the PGIMC website (“Terms of Use”) govern your rights and liabilities regarding your use of the website including all updates, enhancements and related materials provided to you on this site (collectively, the “Website”). These Terms of Use are in addition to (and do not limit) any other agreements you may have with PGIMC.
Your use of the Website indicates your acceptance of these Terms of Use. If you do not agree to these Terms of Use, you may not use the Website or access materials made available through the Website. PGMIC may update and change these Terms of Use from time to time without notice to you. You are responsible for reviewing these Terms of Use when using the Website, and PGIMC is relying upon your agreement to the Terms of Use, as amended, when providing the Website.
Website Use
By accepting these Terms of Use, PGIMC grants you a limited, nonexclusive, license to display and otherwise use portions of the Website (“Website Content”), solely for your own private, non-commercial informational purposes only, and to print pages from the Website only in connection with that use. Nothing contained in these Terms of Use or the Website itself shall be construed so as to grant to your or to any third party any title or interest in, or any license or right to use or reproduce, any image, text, software, code, trademark, logo or service mark contained on the Website. You may access the Website when it is available for such purposes, pursuant to the foregoing restrictions and the other Terms of Use, and acknowledge that the Website will be unavailable at scheduled and unscheduled times.
The information set forth in the materials available through the Website have been obtained or derived from sources believed by PGIMC to be reliable. However, PGIMC does not make any representation or warranty, express or implied, as to the information’s accuracy or completeness, nor does PGIMC recommend that such information serve as the basis for any investment decision. Any reliance on the information provided herein is solely at the user’s own risk. Additionally, while PGIMC makes every effort that Website Content is accurate as of the date published, PGIMC does not warrant that the Website Content will remain accurate, complete, or current following publication. PGIMC may make changes to the Website Content at any time without notice to you. PGIMC makes no representation or warranty to, or otherwise commits to, update the materials.
You understand that PGIMC has not reviewed any of the third party websites that may be linked to the Website, and is not responsible for their content. PGIMC is not responsible for the privacy practices of such other websites. Access to any off-site pages or other websites is at your own risk. PGIMC’s inclusion of links to other web sites does not imply any endorsement of the material located on or linked to by such web sites.
PGIMC Logo Use Policy. The use of PGIMC logos or creating hyperlinks to our website is prohibited without specific written authorization.
Copyright and Trademark
All trademarks and service marks on this website belong to PGIMC (including all enhancements, modifications, revisions, updates, supplements, interim works and derivative works thereto, any related technical know-how and all copyright, patent and other intellectual property rights therein), except for third party trademarks or service marks which are the property of their respective owners. You acknowledge that this website is protected by applicable copyrights, trademarks and other intellectual property laws. Any use of such proprietary material other than as permitted herein is expressly prohibited without the prior written permission of PGIMC and/or the relevant rights holder. No permission is granted to copy, distribute, modify, post or frame-in the website, including any text, graphics, video, audio, software code, user interface design or logos from the website.
You may not include our corporate name or any of our trademarks or otherwise create an impression of a relationship or endorsement between any other party and us or our affiliates.
Additional product and service names and logos used and displayed on this website may be trademarks or service marks owned by others. Nothing on this website should be construed as granting any license or right to use any trademark or service mark displayed on this website without the prior written permission in each instance of PGIMC and/or the owner(s) of such other trademarks.
You may not use the website in any manner that would interfere with any other party’s use of the website. You are prohibited from any use of the website that would give rise to liability or otherwise violate any applicable laws or regulations. You may not publicly perform, publicly display, transmit, publish, participate in the sale or transfer of, modify, or create derivative works based on anything available through the website, in whole or in part. You are not authorized to store electronically any significant portion of any part of the website. No reverse engineering, linking, framing, or modification of any part of this website is allowed without our written approval. Any modification or unauthorized use is a violation of our copyrights and other proprietary rights.
We reserve the right, but do not have the obligation, to access, archive and/or monitor any use of this website. By using the website, you accept our right to access, archive and/or monitor usage to ensure service quality; to evaluate the website; or for any other reason. You agree that our monitoring activities will not entitle you to any cause of action or other right with respect to our monitoring of your website usage. You further agree that in no event will PGIMC be liable for any damages incurred by you as a result of our monitoring. Please refer to our Privacy Policy for more information regarding your right to privacy.
No Warranty
THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “WITH ALL FAULTS” BASIS. YOU ASSUME THE ENTIRE RISK IN USING THE WEBSITE AND ANY THIRD-PARTY SOFTWARE. PGIMC MAKES NO, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS AND WARRANTIES THAT THE WEBSITE AND/OR ANY THIRD-PARTY SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED, OR THAT ANY NONCONFORMITIES CAN OR WILL BE CORRECTED. PGIMC HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES REGARDING OR RELATING TO THE WEBSITE AND/OR ANY AND ALL THIRD PARTY SOFTWARE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY REPRESENTATION OR WARRANTY OF TITLE AND NON-INFRINGEMENT. IN ADDITION, YOU EXPRESSLY AGREE THAT ACCESS TO THE WEBSITE MAYBE LIMITED OR UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS, OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. PGIMC MAKES NO WARRANTIES REGARDING MATERIALS PROVIDED BY ANY THIRD PARTY LICENSORS OR HOSTS, PARTNERS, ARRANGEMENTS WITH THIRD PARTIES, OR USE OF THIRD PARTY SITES, SYSTEMS OR SERVICES.
THE CONTENT PROVIDED THROUGH THE WEBSITE (INCLUDING VIA ANY LINKS ON THIS WEBSITE) MAY BE PROVIDED BY THIRD PARTY CONTENT PROVIDERS AND USERS. PGIMC IS NOT A PUBLISHER OF SUCH CONTENT AND HAS NO EDITORIAL CONTROL OVER IT. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS OR OTHER INFORMATION GIVEN OR PROVIDED BY THIRD PARTIES ARE THOSE OF THE RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH CONTENT AND NOT OF PGIMC. YOU USE SUCH CONTENT ONLY AT YOUR OWN RISK. IN ADDITION, THE CONTENT ON THIS WEBSITE IS PRESENTED ONLY AS OF THE DATE/TIME PUBLISHED OR INDICATED, AND MAY BE SUPERSEDED BY SUBSEQUENT EVENTS OR FOR OTHER REASONS.
Limitation of Liability
IN NO EVENT WILL PGIMC, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, PRINCIPALS, AGENTS OR EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE WEBSITE OR WITH ANY DELAY IN USING THE WEBSITE, OR (II) ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE WEBSITE, OR (III) OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, IN ANY CASE, WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF PGIMC, ITS AFFILIATES OR ANY OF THEIR OFFICERS, DIRECTORS, PRINCIPALS, AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
System Use and Security
You are responsible for your connectivity. You agree that you are responsible for the means you use to access the website and understand that your hardware, software, the Internet, your Internet Service Provider, and other third parties involved in connecting you to our website may not perform as intended or desired and may even be interrupted.
The Internet is not a secure network. You assume sole responsibility for the security and integrity of your Internet service and wireless connections, hardware, and all data and information transmitted to, from, or through the Website. PGIMC may change the Website host or other providers at any time, and you shall cooperate with such change (including without limitation with any related changes such as using a new website address for access).
The website is generally intended to be viewed by a conventional web browser with a screen resolution of 1280 by 1024 pixels or greater. Although you may use other means to access the website, be aware that the website may not appear accurately through other access methods, and you use them only at your own risk. You are responsible for the settings on your browser to ensure that you are receiving the most recent data.
Cautions about future or “forward-looking” statements. Speculation or stated beliefs about future events, such as market and economic conditions, company or security performance, upcoming product offerings or other projections are “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995 and involve risks and uncertainties. General business, market, economic and political conditions could cause actual results to differ materially from what we presently anticipate or project.
Indemnification
By using this website, you agree to hold the PGIMC Parties and their third party providers harmless from any and all claims, losses, liabilities and expenses (including but not limited to attorneys’ fees) arising from or related to any use of the website.
Miscellaneous
These Terms of Use, the terms of PGIMC’s privacy policy, and, as applicable, the terms of any other agreement between you and PGIMC, are the exclusive agreement between PGIMC and you regarding its subject matter. This agreement and your use of the Website shall be governed by and construed in accordance with the laws of the state of California, without giving effect to conflicts of law provisions. Any suit or proceeding by you arising under or relating to this agreement shall be brought only in a state or federal court sitting in Los Angeles County, California. You hereby expressly acknowledge the jurisdiction and proper venue of the foregoing courts in any action or proceeding related hereto. If any provision of these Terms of Use is declared invalid or unenforceable, the remaining provisions of these Terms of Use shall remain in full force and effect. PGIMC may freely assign or transfer this agreement at any time.
Authority
You agree that you have the legal right and ability to agree to these Terms of Use for yourself and, if applicable, the entity you represent, and that you will use the Website in a manner consistent with these Terms of Use. You agree that you are financially responsible for your use of the Website as well as for the use of the Website by others through you, including any employees, agents or contractors. Your administrator identified in your registration information has the legal right and ability to communicate for you and legally bind you with regard to matters related to the Website.
