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Conditions of Use & Privacy Policy Welcome to www.nashcapital.com ("Nash Capital Management" or "NCM"). Nash Capital Management and its affiliates provide their services to you subject to the following conditions. If you visit Nash Capital Management, you accept these conditions. Please read them carefully. In addition, when you use any current or future Nash Capital Management service or visit any of Nash Capital Management’s affiliates, whether or not included in the Nash Capital Management web site, you also will be subject to the guidelines and conditions applicable to such service or business. Nash Capital Management is a Registered Investment Advisor in the State of New York. It provides fee-only portfolio management services. Opinions expressed are solely those of Nash money manager, Jon O. Nash. All information contained in this website is believed to be accurate. Any information provided by links from this website is believed to be from reliable sources, but we make no representation as to its accuracy or completeness. Nash Capital Management is not responsible for damages incurred as a result of visits to other websites. Nash Capital Management does not provide personal financial advice via this web site. The purpose of this site is limited to the sharing of general information regarding our services. The presence of this site shall not be construed or interpreted as a solicitation to sell, or offer to sell, investment advisory services to residents of any state in which Nash Capital Management lacks authority. Part II of the SEC’s Form ADV, which details the background, business activities and practices of the firm as well as its usual fees is provided to each of our investors. PRIVACY 1. Collection of Personal Information from Site Visitors When you invest with NCM you share nonpublic personal information with us. We take your privacy very seriously. As a registered investment advisor we provide services that involve compiling sensitive information. We collect only the information necessary to provide customers with those services. We only share this information with select business partners associated with the delivery of these services. To ensure the security and confidentiality of your personal information, NCM and its affiliates maintain various physical, electronic and procedural safeguards. We limit access to personal information to only those who need to know in order to provide investment management services to you. We conduct periodic reviews of our computer systems to ensure security. Nash Capital Management automatically collects and/or tracks
(1) the home server domain names, e-mail addresses, type of client computer,
and type of Web browser of visitors to Nash Capital Management’s
Web site, (2) the e-mail addresses of visitors that communicate with Nash
Capital Management via e-mail, and (3) information knowingly provided
by the visitor to Nash Capital Management. When a visitor performs a search on Nash Capital Management’s search engine, Nash Capital Management records information identifying the visitor or linking the visitor to the search performed. As necessary to provide service, Nash Capital Management does record limited information for every search request and uses that information to solve technical problems with the service and to calculate overall usage statistics. 2. Use of Personal Data Collected Personal data collected by Nash Capital Management will be used by Nash Capital Management for editorial and feedback purposes, for marketing and promotional purposes, for statistical analysis of users’ behavior, for product development, for content improvement, to inform advertisers as to how many visitors have seen or clicked on their advertisements, and to customize content and layout of Nash Capital Management’s site. Data on visitors’ home servers is aggregated for internal review and then discarded. Names, postal and e-mail addresses, and phone numbers collected may be added to Nash Capital Management’s databases and used for future calls and mailings regarding site updates, new products and services, upcoming events, and status of orders placed online. 3. Disclosure of Personal Data to Third Parties To the extent practicable, Nash Capital Management will notify visitors before posting collected data on Nash Capital Management’s Web site, or sharing, renting, selling, or otherwise disclosing data to third parties. Any third party to which Nash Capital Management shares, rents, sells, or otherwise discloses personal data will be carefully pre-screened by Nash Capital Management, determined by Nash Capital Management to be reputable, and will use the personal data for marketing products and services which Nash Capital Management determines, in its sole judgment, that visitors might find of interest. Nash Capital Management will disclose to third parties information that is publicly available. 4. Opt-Out Right Visitors may opt out of having their personal information collected by Nash Capital Management, used by Nash Capital Management for secondary purposes, disclosed to third parties, or used by Nash Capital Management or third parties to send promotional correspondences to the visitor, by contacting Nash Capital Management via postal mail, e-mail, or telephone, or by checking the appropriate box on the online form. 5. Access to and Ability to Correct Personal Data Upon request via postal mail, e-mail, or phone, Nash Capital Management will provide to visitors a summary of any personal information retained by the Nash Capital Management regarding the visitor. Visitors may modify, correct, change, or update their personal record or cause their personal record to be removed from Nash Capital Management’s database. Nash Capital Management will send personal records to the e-mail address on file for the visitor name associated with it. 6. Collection of Personal Data from Children Nash Capital Management will not knowingly collect or post information from children under the age of eighteen (children) without their parent’s or guardian’s consent. Nash Capital Management does not knowingly provide any personally identifying information collected from children, regardless of its source, to any third party for any purpose whatsoever. No information collected from children is knowingly used for any marketing or promotional purposes whatsoever, either inside or outside Nash Capital Management. Nash Capital Management encourages parents and guardians to spend time online with their children and to participate in the interactive activities offered on the sites. 7. Nash Capital Management’s Right to Contact User Nash Capital Management reserves the right to contact site visitors regarding order status and changes to the subscriber agreement, privacy policy, or any other policies or agreements relevant to site visitors. 8. Nash Capital Management’s Right to Change Privacy Policy Nash Capital Management reserves the right to change this policy at any time by notifying visitors of the existence and location of the new or revised privacy policy. Nash Capital Management will provide such notice clear and conspicuously on its web page to alert users of any major revisions. ELECTRONIC COMMUNICATIONS When you visit Nash Capital Management or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. COPYRIGHT All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Nash Capital Management or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Nash Capital Management and protected by U.S. and international copyright laws. All software used on this site is the property of Nash Capital Management or its software suppliers and protected by United States and international copyright laws. TRADEMARKS All of the graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Nash Capital Management or its subsidiaries and partners ("TRADEMARKS"). TRADEMARKS may not be used in connection with any product or service that is not Nash Capital Management's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Nash Capital Management and its partners. All other trademarks not owned by Nash Capital Management or its subsidiaries and partners that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Nash Capital Management or its subsidiaries and partners. LICENSE AND SITE ACCESS Nash Capital Management grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Nash Capital Management. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Nash Capital Management. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Nash Capital Management and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Nash Capital Management's name or trademarks without the express written consent of Nash Capital Management. Any unauthorized use terminates the permission or license granted by Nash Capital Management. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Nash Capital Management so long as the link does not portray Nash Capital Management, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Nash Capital Management logo or other proprietary graphic or trademark as part of the link without express written permission. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY NASH CAPITAL MANAGEMENT ON AN
"AS IS" AND "AS AVAILABLE" BASIS. NASH CAPITAL MANAGEMENT
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS
OR PRODUCTS INCLUDED OR MENTIONED ON THIS SITE. YOU EXPRESSLY AGREE THAT
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. APPLICABLE LAW By visiting Nash Capital Management, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Nash Capital Management or its affiliates. DISPUTES Any dispute against Nash Capital Management relating in any way to your visit to Nash Capital Management or to comments posted on Nash Capital Management shall be submitted to confidential arbitration in Rochester, New York, except that, to the extent you have in any manner violated or threatened to violate Nash Capital Management's intellectual property rights, Nash Capital Management may seek injunctive or other appropriate relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. SITE POLICIES, MODIFICATION, AND SEVERABILITY Nash Capital Management reserves the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. OUR ADDRESS Nash Capital Management may be contacted at the following
address: © 2004 Nash Capital Management
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