Terms of Use

Last Updated September 1, 2015

We ask that you read these website terms of use (“Terms of Use”) carefully before continuing to use this website, located at www.bosinvest.com and including all publicly-accessible subpages (this “Website”). Bingham, Osborn & Scarborough, LLC doing business as BOS (“BOS,” “we” or “us”) provides this Website for public use only on the terms and conditions set forth herein.

Your use of this Website indicates that you have read and agree with these Terms of Use. If you do not agree to these Terms of Use, please discontinue use of this Website. By continuing to use this Website, you consent to these Terms of Use.

Please note that use of the non-public portions of our website (i.e. BOS Compass) is governed by the BOS Compass Terms of Use posted on BOS Compass. Moreover, if you are a client of BOS, your client engagement letter governs your general relationship with BOS.

Privacy and Data Security

Your use of this Website is also subject to the Website Privacy Policy at the following link: http://www.bosinvest.com/privacy/, which is incorporated herein by this reference.

We may gather statistics regarding use of this Website and use them for internal planning, BOS marketing, or other business purposes, but we will not sell or otherwise provide usage statistics to any other party for their own marketing or other purposes.

Copyright

The material on this Website (including attached or linked publications or other material), including the images and their arrangement and all text, individually and as a compilation, data and any other content on this Website (collectively “Content”) is Copyright © 2000 through 2015, as indicated, by Bingham, Osborn & Scarborough, LLC. All rights are reserved. You may not copy the Content, and you may not upload, post, publish, transmit or distribute it in any way (whether electronically or otherwise) or create other works based on it, without our prior written consent. Title to and all intellectual property rights in the Content belong to BOS and its affiliates or licensors.

Third Party Information Providers

Certain Content on BOS Compass is provided to BOS from third parties (“Third Party Providers” and such information, “Third Party Information”). Third Party Information may be embedded in other information or Content and is subject to the general Terms of Use herein. BOS believes the Third Party Information to be reliable, but BOS cannot guarantee and does not independently verify the accuracy of such information.

Service Marks

“Bingham, Osborn & Scarborough,” “We Manage The Money You Want to Keep,” “Your Financial Future. Our Discipline,” and “Invest with Vision” are all service marks or trademarks of BOS. BOS may also have service mark or trademark rights in logos or other marks contained in this Website. In addition, the look and feel of this Website constitute the service marks, trademarks and/or trade dress of BOS and, except as expressly provided herein, may not be copied, imitated or used, in whole or in part, without the prior written permission of BOS. Other trademarks, service marks and logos used on this Website may be the trademarks, service marks or logos of Third Party Providers or other owners. You may not use or display service marks, trademarks or logos found on this Website without the prior written consent of BOS or the owner of such mark.

General Disclaimer

The information and Content on this Website is for informational purposes, and should not be construed as investment advice or relied on as a recommendation to take any action.

Warranty And Other Disclaimers

This Website, including any information or Content contained within it or any site-related service, is provided “AS IS” and “AS AVAILABLE,” with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of fitness for a particular purpose, title and non-infringement, and quality of information. BOS makes no warranty that this Website and/or any Content therein will meet your requirements, or will be uninterrupted, timely, secure, current, accurate, complete or error-free, and you assume total responsibility and risk for your use of this Website. BOS expressly disclaims all liability for errors or omissions in, or the misuse or misinterpretation of, any information contained in this Website. BOS may change information or Content contained on this Website at any time but has no commitment to update such information or Content on any specific schedule.

Investment Disclaimers

The Content is for informational purposes only and is not intended to be used as a general guide to investing or financial planning, or as a source of any specific recommendations, and makes no implied or express recommendations concerning the manner in which any individual’s investments or assets should or would be handled, as appropriate strategies depend upon each individual’s specific objectives. It is the responsibility of any person or persons in possession of this material to inform himself or herself of, and to seek appropriate advice regarding, any investment or financial planning decisions, legal requirements, and taxation regulations which might be relevant to the topics of and information available on this Website, or the purchase, subscription, holding, exchange, redemption, or disposal or any investments.

The portfolio risk management process includes an effort to monitor and manage risk, but does not imply low risk. Past performance is not indicative of future results, which may vary. The value of investments and the income derived from investments can go down as well as up. Future returns are not guaranteed, and inherent in any investment is the potential for loss.

Opinions expressed on this Website are current opinions, which are not reliable as fact, as of the date appearing in this Website only and are subject to change. In addition, it is possible that this Website could include typographical or other inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to this Website by third parties. The Content is provided on the basis that the responsibility for assessing its accuracy, completeness and relevance rests wholly with you and is not guaranteed by BOS.

The Content does not constitute a solicitation in any jurisdiction in which such a solicitation is unlawful or to any person to whom it is unlawful. Moreover, the Content neither constitutes an offer to enter into an investment agreement with the recipient nor an invitation to respond by making an offer to enter into an investment agreement.

Markets and Market Data

Included in this Website may be market information provided by Third Party Providers (“Market Information”). This Market Information could include financial market data, quotes, news, analyst opinions, and research reports. Market Information is Content subject to the entirety of these Terms of Use. In addition and without limiting anything in these Terms of Use, we want to emphasize certain cautions and limitations with respect to the Market Information. BOS does not endorse or approve the Market Information, and we make it available to you only as a service and convenience. You are cautioned not to rely on Market Information in making any investment decisions. BOS and our Third Party Providers do not (1) guarantee the accuracy, timeliness, completeness or correct sequencing of the Market Information, or (2) warrant any results from your use or reliance on the Market Information. Market Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither BOS nor the Third Party Providers are obligated to update any information or opinions contained in any Market Information, and we may discontinue offering Market Information at any time without notice. Neither BOS nor the Third Party Providers will be liable in any way for the termination, interruption, delay, or inaccuracy of any Market Information. You may not redistribute or facilitate the redistribution of Market Information, nor may you provide access to Market Information to anyone who is not authorized by BOS to receive Market Information. If you are a securities broker, dealer, banker, or investment advisor, you may not use the Market Information provided by BOS for any purpose related to your business.

MSCI Data

Neither MSCI nor any other party involved in or related to compiling, computing or creating the MSCI data makes any express or implied warranties or representations with respect to such data (or the results to be obtained by the use thereof), and all such parties hereby expressly disclaim all warranties of originality, accuracy, completeness, merchantability or fitness for a particular purpose with respect to any of such data. Without limiting any of the foregoing, in no event shall MSCI, any of its affiliates or any third party involved in or related to compiling, computing or creating the data have any liability for any direct, indirect, special, punitive, consequential or any other damages (including lost profits) even if notified of the possibility of such damages. No further distribution or dissemination of the MSCI data is permitted without MSCI’s express written consent.

Limitation of Liability

You expressly understand and agree that neither BOS, the Third Party Providers, nor their respective owners, agents or affiliates, shall be liable for any direct, indirect, incidental, special, consequential, exemplary, punitive or other damages, including without limitation damages for loss of profits, goodwill, use, data loss, or other losses (even if BOS has been advised of the possibility of such damages) resulting from: (i) your use or inability to use this Website or reliance on the Content without verifying its accuracy, (ii) any link provided in connection with this Website, (iii) any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, worm, trojan horse or similar matter, or any system failure, (iv) any unauthorized user or hacker gaining access to or damaging data, or (v) any other matter related to your use of this Website. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not fully apply to you, but shall apply to the full extent allowed under applicable law.

Indemnification

You agree to defend, indemnify and hold BOS and our officers, employees, members, agents and affiliates, harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys’ fees) arising from your violation of these Terms of Use or any misuse of this Website. This obligation will survive the termination of these Terms of Use.

Links to Third-Party Sites

Certain hyperlinks to third-party websites are provided on this Website as a convenience to the user. If you opt to hyperlink to any such websites, you do so entirely at your own risk as they are third-party websites. We are not responsible for the content, update, or accuracy of those sites, and a link to a third-party site or third-party content does not imply BOS’s endorsement, adoption or sponsorship of, or affiliation with, such third-party site or content. BOS accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, third-party sites or content. When you leave this Website, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data-gathering practices, of any third-party site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Choice of Law; Jurisdiction

These Terms of Use will be governed by and be interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law. The state or federal courts located in the City and County of San Francisco, California, shall have exclusive jurisdiction over any cause of action arising out of or related to the content or use of this Website.

Severability

If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be (1) deemed severable and will not affect the validity and enforceability of any remaining provisions, and (2) reformed by the court and enforced to the full extent lawful, valid and enforceable.

Changes to this Website and Content; Unavailability; Internet Risks

We may make changes to, or suspend or discontinue, any aspect of this Website at any time, including the availability of any site feature, database, Content, or related services.

BOS may also impose limits on certain features or restrict access to parts or all of this Website without notice or liability. BOS reserves the right to make this Website unavailable or to take it down without notice as may be required or desired to make modifications or for any other reason.

Portions of this Website utilize Internet connectivity to transmit and receive web pages, Content and data. While we take security measures as described above, the Internet is not a secure medium or environment, and therefore all use of the Internet, including in connection with this Website and Content, is solely at your own risk. Any software, information, content, or material of any kind downloaded or otherwise obtained through the use of this Website is obtained at your own discretion and risk, and you shall be solely responsible for any damage to any computer or loss of data that results from such download or use of the Content or access to this Website. BOS is not responsible for any viruses, spam or other actions or results that may occur as a result of your use of the Internet, the Content or this Website.

Changes to Terms of Use

BOS reserves the right to change or modify any of these Terms of Use, our Website Privacy Policy, or any other agreement relating to this Website, at any time, by posting the new agreement or policies or a notice of and link to the new agreement or policies, to this Website. Any such modifications shall become effective immediately upon the posting thereof. You are responsible for regularly reviewing this Website to keep yourself apprised of any changes. Your continued use of this Website will be deemed to be acceptance of any changes to these Terms of Use or any other posted policies or agreements.