1. INTRODUCTION
Highland Financial Partners, L.P. along with its affiliates and service providers,
including PFPC (collectively referred to herein as “Highland Capital” “we” or “us”)
provide the information on this web site (the “website”) as a service to our customers
and other visitors to be used for informational purposes only. This Agreement on
the Terms and Conditions of Use (this “Agreement”) describes the terms and conditions
under which Highland Financial Partners, L.P. and its affiliates (“Highland Capital”
or “we” and “us”), will permit persons who visit this website (the “website”) to
use the site and the services that we make available on or through it (the “Services”),
including, without limitation, (1) persons who are authorized to use specified secure
areas of this site (“Authorized Users”) and (2) other persons who visit the website
but who are not authorized to use such secure areas (Authorized Users and other
visitors collectively referred to as “you”). Please read this Agreement carefully
and refer to it as often as necessary. This Agreement provides all of the applicable
Highland Capital requirements and comprise the entire agreement between you and
Highland Capital with respect to the website and the Services.
2. ACCEPTANCE OF TERMS THROUGH USE; ACKNOWLEDGEMENTS AND DISCLOSURES
By using the website, you signify your agreement to all terms, conditions, disclosures
and notices contained or referenced in this Agreement. If you do not agree to this
Agreement, you are not permitted to use the website. Highland Capital reserves the
right, at its discretion, to update or revise this Agreement. Please check this
Agreement periodically for changes.
Your continued use of the website following the posting of any changes to this Agreement
constitutes acceptance of those changes. You acknowledge that the information, materials,
products and Services on this website are subject to change. Not all products and
Services are available in all geographic areas. Your eligibility for particular
products and Services is subject to determination by and the approval of Highland
Capital.
You acknowledge that investment products and Services available through Highland
Capital (i) are not FDIC-insured, (ii) are not deposits or obligations of, or guaranteed
by, any bank, and (iii) involve investment risks, including: Performance can be
volatile, and an investor could lose a substantial amount of his or her investment.
Our strategies may use leverage. The investor does not retain any trading authority
over assets placed with us. None of our strategies is intended, by itself, to provide
an investor with an investment program that is diversified or otherwise tailored
to suit any investor’s overall investment needs. An investor’s account may not be
liquid or transferable. Fees and expenses may offset trading profits. We may be
subject to certain conflicts of interest.
You understand that the information contained herein does not constitute a distribution,
an offer to sell or the solicitation of an offer to buy any securities in any jurisdiction
in which such distribution or offer is not authorized. In particular, the information
herein is not for distribution and does not constitute an offer to sell or the solicitation
of any offer to buy any securities in the United States (“US”) to or for the benefit
of any US person (being residents of the US or partnerships or corporations organized
under the laws of the US).
While the material on this website is often about investments, none of it is offered
as investment advice. For members of the public, this means that neither the receipt
nor the distribution of information though this website constitutes the formation
of an investment advisory relationship, or any similar client relationship. No information
in this website constitutes investment, legal, tax or other advice nor is it to
be relied upon in making an investment decision. Subscriptions for shares or units
in any Highland Capital portfolios, funds or other investment products will only
be made on the basis of the current relevant prospectus, offering circular or other
offering document. Any broker, agent, investment advisor, financial planner or other
financial intermediary using this website remains solely responsible for protecting
the interests of its clients in connection with any communication via this website.
The Highland Capital website may contain performance and other data. Unless otherwise
specified (i) all figures are estimated and unaudited, (ii) net results reflect
the net realized and unrealized returns after deduction of all operational expenses
(including brokerage commissions), management fees and incentive compensation, and
(iii) performance data assume reinvestment of all distributions. Actual returns
will vary from one client to the next. Past performance is not necessarily indicative
of future results and investors risk loss of their investment. Investors should
seek financial advice regarding the appropriateness of making any investments discussed
in this website and should understand that statements regarding future prospects
may not be realized. Investors should note that income from such investments may
fluctuate and that the value of each investment may rise or fall. Accordingly, investors
may receive back less than originally invested. Past performance is not necessary
a guide to future performance.
This website may contain forward-looking statements on our current expectations
and projections about future events. Statements that are predicative in nature,
that depend upon or refer to future events or conditions or that include words such
as “expects,” “anticipates,” “intends,” “plans,” “believes,” “estimates,” “thinks,”
and similar expressions are forward-looking statements. These statements involve
known and unknown risks, uncertainties and other factors that may cause our actual
results and performance to be materially different from any future results or performance
expressed or implied by these forward-looking statements. These factors include,
among other things, those matters discussed as “Risk Factors,” in our materials,
as well as (1) general economic and business conditions; (2) new governmental regulations
and changes in, or the failure to comply with existing governmental regulation,
(3) legislative proposals that impact our industry or the way we do business, (4)
competition, and (5) our ability to attract and retain qualified personnel.
Although we believe that these statements are based upon reasonable assumptions,
we can give no assurance that our goals will be achieved. Given these uncertainties,
prospective clients are cautioned not to place undue reliance on these forward-looking
statements. We assume no obligation to update or revise any forward-looking statements
contained on the Highland Capital web site or provide reasons why actual results
may differ.
3. USER CONDUCT
If you are an Authorized User, your user name and password will be your identity
for purposes of interacting with the website. You will use your password solely
in accordance with this Agreement and notify Highland Capital if you learn of or
suspect any loss, theft or unauthorized use of your password.
You agree not to use the website for any unlawful purpose. You agree not to attempt
to gain access to any area of the website and any information for which you have
not previously received authorization in writing. You also acknowledge and agree
that Highland Capital has put into place security measures designed to prevent unauthorized
access to the information of other Authorized Users, and should you gain access
to any information for which you have not received prior authorization, you will
not view, download, print, harvest or collect, or attempt to view, download, print,
harvest or collect, any such information. You also agree that you will not upload
or attempt to upload any content (including text, communications, software, images,
sounds, data, or other information) that contains software viruses or any other
computer code, files, or programs that are designed or intended to disrupt, damage,
or limit the functioning of any software, hardware, or telecommunications equipment
or to damage or obtain unauthorized access to any data or other information of any
third party.
You acknowledge and agree that, although Highland Capital has implemented and uses
its best efforts to maintain security measures designed to prevent the unauthorized
access by visitors and other Authorized Users to the information that you are authorized
to access and use, no security measures are available that can be 100% guaranteed
to prevent such unauthorized access. Highland Capital therefore does not warrant
that such security measures will prevent such unauthorized access in each and every
instance.
You further agree that you will not harvest or collect, or attempt to harvest or
collect, information about other Authorized Users and other visitors to the website
or use such information for the purpose of transmitting or facilitating transmission
of unsolicited bulk electronic mail or communications.
4. THIRD PARTY SITES
The website may link you to other sites on the Internet. These sites may contain
information or material that some people may find inappropriate or offensive. These
other sites are not under the control of Highland Capital, and you acknowledge that
Highland Capital is not responsible for the accuracy, copyright compliance, legality,
decency, or any other aspect of the content of such sites. The inclusion of such
a link does not imply endorsement of the site by Highland Capital or any association
with its operators.
5. PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials available on the website
are protected by copyrights, trademarks, service marks, patents, trade secrets,
or other proprietary rights and laws. Except as may be expressly authorized by Highland
Capital under a separate written agreement, you agree not to sell, license, rent,
modify, distribute, copy, reproduce, transmit, publicly display, publicly perform,
publish, adapt, edit, or create derivative works from such materials or content.
Notwithstanding the foregoing sentence, and unless Highland Capital grants you broader
rights under such separate written agreement, you are granted a limited license
to print or download one copy of the materials or content on the Website on any
single computer for your personal, non-commercial use, provided you keep intact
all copyright and other proprietary notices; subject, however, to any express terms
and conditions displayed with such materials or content. Systematic retrieval of
data or other content from the website to create or compile, directly or indirectly,
a collection, compilation, database or directory without written permission from
Highland Capital is prohibited. In addition, use of the content or materials for
any purpose not expressly permitted in this Agreement is prohibited. Except as expressly
provided above, all rights are reserved.
As discussed above, reproduction, copying, or redistribution for commercial purposes
of any materials or design elements on the website is strictly prohibited without
the express written permission of Highland Capital or as provided in a separate
written agreement with Highland Capital. Among other things, except to the extent
required for the limited purpose of reviewing material on the website, electronic
reproduction, adaptation, distribution, performance or display is prohibited. Use
of any of Highland Capital's trademarks as metatags on other websites also is strictly
prohibited. You may not display this website in frames (or any of the content or
materials via in-line links) without our express written permission. Permission
to use certain content or materials in a manner prohibited by this Section 5 is
granted only when certain limited criteria are met.
6. PRIVACY POLICY
Highland Capital uses the personally identifiable information that it gathers primarily
to communicate with you and, generally, it does not share this information with
third parties. Set forth below in this section 6 is our Privacy Policy which is
applicable to your use of the website and communications with Highland Capital.
We are required by federal regulations to adopt certain procedures designed to maintain
and secure the non-public personal information of its clients from inappropriate
disclosure to third parties. The following Privacy Policy is designed to meet the
standards set forth in the federal regulations and is applicable to your use of
the website.
We are committed to keeping personal information collected from potential, current
and former clients confidential and secure. The proper handling of personal information
is one of our highest priorities. We never sell information relating to our clients
to any outside third parties.
Client Information
We collect and keep only information that is necessary for us to provide the services
requested by our clients and to administer clients' business with us.
We may collect non-public personal information from clients or potential clients:
- From clients when they complete an application or other form, as well as through
written and electronic correspondence and telephone contacts. This includes information
such as name, address, social security number, assets, income, net worth, copies
of financial documents and other information deemed necessary to evaluate the client's
financial needs.
- As a result of transactions with the Company, its affiliates if any, or others.
This could include transactions completed with the Company or information received
from outside vendors to complete transactions or to effect financial goals.
Sharing Information
We only share the non-public personal information of our clients with non-affiliated
companies or individuals (i) as permitted by law and as required to provide services
to our clients, such as with representatives within our firm, securities clearing
firms, mutual fund companies, insurance companies and other financial services providers,
or (ii) to comply with legal or regulatory requirements. We may also disclose non-public
personal information to another financial services provider in connection with the
transfer of an account to such financial services provider. Further, in the normal
course of our business, we may disclose information we collect about clients to
companies or individuals that contract with us to perform servicing functions such
as:
- Recordkeeping
- Computer-related services
- Good faith disclosure to regulators who have regulatory authority over the company.
Companies hired to provide support services are not allowed to use personal information
for their own purposes and are contractually obligated to maintain strict confidentiality.
We limit use of personal information to the performance of the specific service
requested.
We do not provide personally identifiable information to mailing list vendors or
solicitors for any purpose. When we provide personal information to service providers,
we require these providers to agree to safeguard such information, to use the information
only for the intended purpose and to abide by applicable law.
Internet Access
We intend to provide a website on the Internet. Any information gathered through
our website will be treated in accordance with this Privacy Policy.
Employee Access to Information
Only employees with a valid business reason have access to clients' personal information.
These employees are educated on the importance of maintaining the confidentiality
and security of this information. They are required to abide by our information
handling practices.
Protection of Information
We maintain security standards to protect clients' information, whether written,
spoken, or electronic. We update and check our systems to ensure the protection
and integrity of information.
Maintaining Accurate Information
Our goal is to maintain accurate, up to date client records in accordance with industry
standards. We have procedures in place to keep information current and complete,
including timely correction of inaccurate information.
E-Mail
Should clients send us questions and comments via e-mail, we will share the client's
correspondence only with those employees or agents most capable of addressing the
client's questions and concerns.
We will retain all written communication until we have done our very best to provide
the client with a complete and satisfactory response. Ultimately, we will either
discard the communication or archive it according to the requirements under applicable
securities laws.
Please note that, unless expressly advised otherwise, our e-mail facilities do not
provide a means for completely secure and private communications between us and
our clients. Although every attempt will be made to keep client information confidential,
from a technical standpoint, there is still a risk. For that reason, please do not
use e-mail to communicate information to the us that is considered to be confidential.
If the client wishes, communications with us may be conducted via telephone or by
facsimile. Additional security is available to clients if they equip their Internet
browser with 128-bit “secure socket layer” encryption, which provides more secure
transmissions.
Disclosure of our Privacy Policy
We recognize and respect the privacy concerns of our potential, current and former
clients. We are committed to safeguarding this information. As a member of the financial
services industry, we are providing this Privacy Policy for informational purposes
to clients and employees and will distribute and update it as required by law. It
is also available upon request.
7. DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE WEBSITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR
YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. HIGHLAND CAPITAL AND ITS LICENSORS
DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE
WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS
WILL BE CORRECTED; THAT UNAUTHORIZED ACCESS TO OR MISAPPROPRIATION OF THE CONTENT
WILL NOT OCCUR; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF THE WEBSITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT
PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL HIGHLAND CAPITAL, ITS SUBSIDIARIES, OR ITS LICENSORS
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE, OR THE UNAUTHORIZED
ACCESS TO OR THE MISAPPROPRIATION OF ANY CONTENT MADE AVAILABLE ON OR THROUGH THE
WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HIGHLAND CAPITAL
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, HIGHLAND
CAPITAL'S LIABILITY IN SUCH JURISDICTIONS WILL BE LIMITED TO THE EXTENT PERMITTED
BY LAW.
9. INDEMNIFICATION
Upon a request by Highland Capital, you agree to defend, indemnify, and hold harmless
Highland Capital, its subsidiaries and other affiliated companies, and the employees,
contractors, officers, and directors of each of them from all liabilities, claims,
and expenses, including attorney's fees, that arise from your use or misuse of the
Website. Highland Capital reserves the right, at it own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you, in
which event you will cooperate with Highland Capital in asserting any available
defenses.
10. INTERNATIONAL USE
Highland Capital makes no representation that materials on the website are appropriate
or available for use in locations outside the United States, and accessing them
from territories where their contents are illegal is prohibited. Those who choose
to access the website from other locations do so on their own initiative and are
responsible for compliance with local laws.
11. CHOICE OF LAW AND FORUM
This Agreement will be governed by and construed in accordance with the laws of
the State of Texas, excluding its conflicts of law rules. You expressly agree that
the exclusive jurisdiction for any claim or action arising out of or relating to
this Agreement or your use of the website will be filed only in the state or federal
courts located in the State of Texas, and you further agree and submit to the exercise
of personal jurisdiction of such courts for the purpose of litigating any such claim
or action.
12. DISPUTE RESOLUTION
All disputes arising out of or relating to this Agreement or your use of the website
(“Disputes”) will be settled by final and binding arbitration conducted in Dallas,
Texas, by a neutral arbitrator, in accordance with this Agreement and the then-current
commercial arbitration rules of the American Arbitration Association. Each party
will bear its own expenses, except that the prevailing party may recover the filing
costs and the expenses of the arbitrator from the other party. Any award of the
arbitrator will be in writing and will state the reasons for the award. Judgment
upon an award may be entered in any court having competent jurisdiction. The arbitrator
will not have the power to order pre-hearing discovery of documents or the taking
of depositions, but may compel attendance of witnesses and the production of documents
at the hearing. The parties, their representatives and participants and the arbitrator
will hold the existence, content and result of the arbitration in confidence, except
to the limited extent necessary to enforce a final settlement agreement or to obtain
or enforce a judgment on an arbitration decision and award. Any Disputes relating
to your failure to pay billed charges for the Services are exempt from the requirement
of binding arbitration. You agree that Highland Capital will be entitled to obtain
preliminary injunctive relief to enforce any of the terms of this Agreement against
you pending a final determination in arbitration.
13. SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this Agreement under which you are authorized
to use the Services (as such obligations are set forth in Section 1), constitutes
the entire agreement between you and Highland Capital with respect to the website
and the Services, and supersedes all other prior or contemporaneous communications
and proposals (whether oral, written, or electronic) between you and Highland Capital
with respect to the website and the Services. If any part of this Agreement is held
invalid or unenforceable, that portion will be construed in a manner consistent
with applicable law to reflect, as nearly as possible, the original intentions of
the parties, and the remaining portions will remain in full force and effect.
14. TERMINATION
Highland Capital reserves the right, in its sole discretion, to terminate your access
to all or part of the Website, with or without notice.
Last Updated: August 23, 2007
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