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Website Terms of Use

Last Updated October 19, 2020

These website terms of use (“Terms of Use”) are entered into by and between you and Bingham, Osborn & Scarborough, LLC doing business as B|O|S (“B|O|S,” “we,” “us” or “our”). These Terms of Use govern your access to and use of this website, located at www.bosinvest.com, and including all publicly-accessible subpages (this “Website”). We ask that you read these Terms of Use carefully before continuing to use this Website. B|O|S provides this Website only on the terms and conditions set forth herein.

By using this Website, you agree that you have read and understand these Terms of Use and that you accept, consent to and agree to be bound by and abide by these Terms of Use and our Website Privacy Policy. If you do not agree to these Terms of Use, please do not use this Website.

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

Privacy and Data Security

Your use of this Website is also subject to our Website Privacy Policy (including any other terms or policies referenced therein) located at: https://www.bosinvest.com/privacy/, which is incorporated into these Terms of Use by this reference.

Changes to Terms of Use

B|O|S reserves the right to change or modify 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 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 after such new or modified terms have been posted will be deemed to be your acceptance of any changes to these Terms of Use or any other posted policies or agreements.

Copyright

The material on this Website (including any 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 © 1985 through 2020, as indicated, by Bingham, Osborn & Scarborough, LLC.  All rights are reserved. These Terms of Use permit you to use the Website for your personal, non-commercial use only.  In addition, 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 or other proprietary rights in the Content belong to B|O|S and its affiliates, licensors or other providers of such material, as applicable.

Third Party Information Providers

Certain content on B|O|S Compass is provided to B|O|S from third parties, such as account custodians, mutual funds and investment companies, vendors, indices or other information providers (“Third Party Providers” and such content, “Third Party Information”).  Third Party Information may be embedded in other information or Content and is subject to these Terms of Use.  B|O|S believes the Third Party Information to be reliable, but B|O|S cannot guarantee and does not independently verify the accuracy of such information.  Accordingly, B|O|S makes no representations or warranties of any kind, either express or implied, with respect to any Third Party Information.

Service Marks

“Bingham, Osborn & Scarborough” and “Investing with Vision” are service marks or trademarks of B|O|S (whether or not such marks are federally-registered).   B|O|S 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 B|O|S  and, except as expressly provided herein, may not be copied, imitated or used, in whole or in part, without the prior written permission of B|O|S.  Other trademarks, service marks and logos used on this Website may be the trademarks, service marks or logos of Third Party Providers, our licensors or other owners.  You may not use or display service marks, trademarks or logos found on this Website without the prior written consent of B|O|S or the relevant owner of such mark.

Prohibited Uses

You agree to use this Website only for lawful purposes and in accordance with these Terms of Use.  You agree not to use this Website:

  • In any way that violates applicable federal, state, local or other laws and regulations.
  • To impersonate B|O|S, or any of its employees or users.
  • To engage in any conduct that restricts or inhibits anyone’s use of this Website or which, as determined by us, may harm B|O|S or the users of our Website, or expose them to liability.
  • In any manner that is reasonably likely to disable, overburden, damage, impair or interfere with the proper working of this Website.

You also agree not to:

  • Monitor or copy any of the Content for any purpose, which is not expressly authorized in these Terms of Use without our prior written consent.
  • Introduce any viruses, trojan horses, worms, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to the Website or attempt to interfere with the proper working of the Website.

General Disclaimer

The information and Content on this Website is intended solely for informational purposes, and should not be construed as investment advice, relied upon as a recommendation to take any action, or construed as an endorsement of any investment strategy. Moreover, the information and Content on this Website is not a replacement for any individualized investment advice. Any reliance you place on such information, including, without limitation, any decision to take any action (or to refrain from taking any action) based on the information and Content on this Website, is strictly at your own risk.

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 express or implied, including, but not limited to, the implied warranties of fitness for a particular purpose, title and non-infringement, and quality of information.  B|O|S makes no warranty that this Website and/or any Content therein will meet your requirements, or will be uninterrupted, timely, secure, current, accurate, up-to-date, complete or error-free, and you assume total responsibility and risk for your use of this Website. B|O|S provides no guarantee against the possibility of deletion, misdelivery or failure to store communications or other data.  B|O|S expressly disclaims all liability for errors or omissions in, or the misuse or misinterpretation of, any information contained in this Website. B|O|S may change or update information or Content contained on this Website at any time but has no commitment or obligation to update such information or Content at any time or on any specified schedule.   The foregoing does not affect any warranties that cannot be excluded, disclaimed or limited under applicable law.

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.

The opinions expressed on this Website are current opinions, as of the date they are posted only.  Such opinions are not reliable as fact and are subject to change, but B|O|S has no obligation to update such opinions.  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 with the understanding that you are solely responsible for assessing the accuracy, completeness and relevance of the Content.

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

This Website may include market information provided by Third Party Providers (“Market Information”). Such Market Information may include financial market data, quotes, news, analyst opinions, and research reports.  If provided, 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.  B|O|S 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. B|O|S 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 B|O|S 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. You agree that neither B|O|S nor the Third Party Providers will be liable in any way for the termination, interruption, delay, or inaccuracy of any Market Information. You will not redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized by B|O|S to receive Market Information. If you are a securities broker, dealer, banker, or investment advisor, you agree not to use the Market Information provided by B|O|S for any purpose related to your business or for any other commercial purpose.

MSCI Data

This Website may also include data provided by MSCI Inc. (“MSCI”). 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 B|O|S , the Third Party Providers, nor their respective owners, officers, employees, 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 B|O|S or such Third Party Provider 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, (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 fullest extent allowed under applicable law.

Indemnification

You agree to defend, indemnify and hold B|O|S  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 understand, acknowledge and agree that you do so entirely at your own risk as they are third-party websites.  We are not responsible, and make no representation or warranty of any kind, for the content, update, or accuracy of those sites, and a link to a third-party site or third-party content does not imply B|O|S’s endorsement, adoption or sponsorship of, or affiliation with, such third-party site or content. B|O|S 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 (including by clicking on any hyperlinks to third-party websites included on this Website), you understand, acknowledge and agree that these Terms of Use shall not apply to your use of, access to, or activity on any third-party sites. You should review all applicable terms and policies, including privacy and data 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 held by a court or other government entity of competent jurisdiction to be unlawful, void, or unenforceable for any reason, that part will be (1) deemed severable and will not affect the validity and enforceability of any remaining provisions, and (2) reformed by such court or entity and enforced to the fullest extent lawful, valid and enforceable.

Waiver

No waiver by B|O|S of any term or condition in these Terms of Use shall be deemed to be a further or continuing waiver of such term or condition, or a waiver of any other term or condition.  In addition, any failure of B|O|S to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Changes to this Website and Content; Unavailability; Internet Risks

We reserve the right to make changes to, suspend, discontinue or withdraw, any aspect of this Website, including the availability of any site feature, database, Content, other materials or any related services, at any time in our sole discretion and without notice. We will not be liable if for any reason all or any part of this Website or the Content is unavailable at any time.

B|O|S may also impose limits on certain features or restrict access to parts or all of this Website without notice or liability.  B|O|S 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.  B|O|S 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.

Contact Us

Please feel free to contact us at https://www.bosinvest.com/contact-us/ if you have any questions or comments regarding your use of the Website.