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Terms and Conditions to Use of AMG's Web site
Please read the following terms and conditions of use carefully before using
this Web site. By using this Web site, you acknowledge that you have read these
terms and conditions of use, that you understand them, and that you accept and
agree to be bound by them. If you do not accept and agree to these terms and
conditions of use, promptly exit this Web site. AMG may, at any time and at its
sole discretion, revise these terms and conditions by updating this posting.
Therefore, you should periodically visit this page to review the current terms
and conditions.
AMG believes that the information on this Web site has come from reliable
sources, but it cannot assure its completeness or suitability for any purpose.
The information contained within AMG's Web site is current only as of the date
of the most recent update, or if no update information has been provided, the
date of issuance, but AMG does not represent or endorse the accuracy or
reliability of any material on this Web site. Users are strongly encouraged to
check the dates of issuance and most recent updates of any information
contained within, or linked to, AMG's Web site. For the most current publicly
filed information on AMG, please reference AMG's public filings with the
Securities and Exchange Commission (SEC) at
http://www.sec.gov. AMG cannot guarantee that the material on this Web
site has not been affected by technical malfunctions or unauthorized tampering.
The materials on this Web site are subject to change without notice.
THIS WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND
INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEB SITE, IS PROVIDED ON
AN "AS IS, AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST
EXTENT PERMISSIBLE BY LAW, AMG AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THIS WEB SITE, FOR ANY
PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF
SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THIS
WEB SITE OR ANY LINKED SITE. FURTHER, AMG AND ITS AFFILIATES DISCLAIM ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AMG AND ITS AFFILIATES DO
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE OR ANY MATERIALS OR
CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE
IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AMG AND ITS AFFILIATES SHALL
NOT BE LIABLE FOR THE USE OF THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, THE
CONTENT AND ANY ERRORS CONTAINED THEREIN.
AMG and its Affiliates are not responsible for any damages whatsoever, and in
particular, AMG and its Affiliates shall not be responsible for direct,
indirect, special, punitive, incidental, or consequential damages, or damages
for lost profits, loss of revenue, loss of use, lost data, lost opportunity, or
any other commercial or other damages, arising out of or related to the use,
reliance on, inability to use, performance, or non-performance of the
information, data or merchandise that appears on, or is linked or related in
any way to this Web site, whether such damages arise from contract, negligence,
tort, or otherwise, even if AMG or any of its Affiliates have been advised of
the possibility of such damages. IF YOU ARE DISSATISFIED WITH THIS WEB SITE,
YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE THE USE THEREOF.
AMG is not in the business of providing investment advice and shall have no
liability whatsoever for any investment decisions or the results of any
investments made by a user of this Web site. Nothing contained in this site
constitutes investment advice. Neither the information, nor any opinion
contained in this site constitutes a solicitation or offer by AMG or its
Affiliates to buy or sell any securities, futures, options or other financial
instruments, or offer investment advisory services, nor shall any such security
be offered or sold or investment advisory service offered to any person in any
jurisdiction in which such offer, solicitation, purchase, or sale would be
unlawful under the laws of such jurisdiction. Decisions based on information
contained in AMG's site are the sole responsibility of the visitor.
You represent, warrant, and covenant that: (a) you shall not upload, post or
transmit to or distribute or otherwise publish through this Web site any
materials which (i) restrict or inhibit any other user from using and enjoying
this Web site, (ii) are unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, offensive, pornographic, profane, sexually explicit or
indecent, (iii) constitute or encourage conduct that would constitute a
criminal offense, give rise to civil liability or otherwise violate law, (iv)
violate, plagiarize or infringe the fights of third parties including, without
limitation, copyright, trademark, patent, rights of privacy or publicity or any
other proprietary right, (v) contain a virus or other harmful component, (vi)
contain any information, software or other material of a commercial nature,
(vii) contain advertising of any kind or (viii) constitute or contain false or
misleading indications of origin or statements of fact; and (b) that you are at
least eighteen (18) years old.
You hereby agree to indemnify, defend and hold AMG, its Affiliates and all of
its and their officers, directors, partners, members, owners, agents,
employees, information providers, affiliates, licensors and licensees
(collectively, the "Indemnified Parties") harmless from and against any and all
liability and costs incurred by the Indemnified Parties in connection with any
claim arising out of any breach by you of these terms and conditions of use or
any of the representations, warranties and covenants made by you herein,
including, without limitation, attorneys' fees and costs. You shall cooperate
as fully as reasonably required or requested in the defense of any claim. AMG
reserves the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you and you shall
not in any event settle any matter without the written consent of AMG.
Certain statements on this Web site may constitute forward-looking statements
within the meaning of the federal securities laws. Such statements should be
considered in light of the risks and uncertainties associated with AMG and its
Affiliates, including changes in the asset management industry, securities or
financial markets or in general economic conditions, the availability of equity
and debt financing, competition for acquisitions of interests in investment
management firms, and other risks detailed from time to time in AMG's filings
with the SEC. Reference is hereby made to the "Cautionary Statements" set forth
in AMG's Annual Report on Form 10-K, as filed with the SEC from time to time.
AMG's most recent Annual Report on Form 10-K is available on the SEC's Web site
(at the link listed above). You are encouraged to review these Cautionary
Statements carefully.
Electronic mail submitted to this site should be considered neither secure nor
confidential. AMG makes no representation whatsoever concerning the security or
confidentiality of your electronic messages and specifically makes no
representation that any electronic messages submitted through this Web site
will be received by AMG. Furthermore, any communications or material you
transmit to AMG's Web site by electronic mail or otherwise, including, but not
limited to, data, questions, comments, or suggestions will be treated as
nonconfidential and nonproprietary and will become the property of AMG. Such
communications or materials may be used for any purpose, including, but not
limited to, reproduction, disclosure, transmission, publication, broadcast and
posting. Further, AMG may monitor your use of the Web site, and AMG reserves
the right to use any ideas, concepts, know-how, or techniques contained in any
electronic communication you send to this Web site for any purpose whatsoever.
You hereby waive all rights to any claim against AMG for any alleged or actual
infringements of any proprietary rights, rights of privacy and publicity, moral
rights, and rights of attribution in connection with such communications.
AMG does not and cannot review all materials posted to the Web site by users,
and AMG is not responsible for any such materials posted by users.
Nevertheless, AMG reserves the right at all times to disclose any information
as necessary to satisfy any law, regulation or government request, or to edit,
refuse to post or to remove any information or materials, in whole or in part,
that in AMG's sole discretion are objectionable or in violation of these terms
and conditions of use.
This Web site, and all of its contents, is protected by copyright as a
collective work and/or compilation, pursuant to U.S. copyright laws,
international conventions and other copyright laws. All rights not granted to
you herein are expressly reserved by AMG. Other than as expressly provided in
these terms and conditions of use, your use of this Web site does not create a
license or any other rights in trademarks, service marks, copyrights, patents,
trade secrets or any other intellectual property or proprietary rights of AMG
or any of its Affiliates. The content of this Web site (the "Content") is only
for your personal, non-commercial use. All materials contained on this Web site
are protected by copyright, and are owned or controlled by AMG, its Affiliates
or the party credited as the provider of the Content (if any). You will abide
by any and all additional copyright notices, information, or restrictions
contained in any Content on this Web site. You may download and make one copy
of the Content and other downloadable items displayed on this Web site for
personal, non-commercial use only, provided that you maintain all copyright and
other notices contained in such Content. Copying or storing of any Content for
other than personal, non-commercial use is expressly prohibited without the
prior written consent of AMG or the copyright holder identified in the
individual Content's copyright notice. You may not use, publish, display,
disclose, rent, lease, modify, loan, distribute, transmit, reuse, repost any of
the Content or create derivative works based on the Content, the Web site or
any part thereof.
"Affiliated Managers Group" is a service mark registered with the United States
Patent and Trademark Office. The names of the Affiliates of AMG and their funds
and products are service marks and/or trademarks of the respective firms. The
trade and service marks and trade dress of AMG and its Affiliates may not be
used in connection with any product or service not owned or explicitly
sanctioned by AMG or its Affiliates, in any manner that is likely to cause
confusion among customers, or in any manner that disparages or discredits AMG
or its Affiliates. Any trade and service marks not owned by AMG or its
Affiliates that appear on this site are the property of their respective
owners, who may or may not be affiliated with, connected to or endorsed by AMG
or its Affiliates.
Links to third-party Web sites through so-called "hyperlinks" are provided by
AMG as a convenience. AMG does not control these sites and is not responsible
for the content, update or accuracy of these sites. AMG does not endorse or
make any representations about the companies, products, or materials accessible
through these hyperlinks, or the security of such Web sites. If you opt to
hyperlink to other Web sites accessible through AMG's Web site, you do so
entirely at your own risk. Further, no representation or warranty is provided
for any software that you may download from a link from this Web site.
THE AGREEMENT FORMED BY YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE
(AS EVIDENCED BY YOUR USE OF THIS WEB SITE) SHALL BE GOVERNED BY AND CONSTRUED
IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, WITHOUT
REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY
ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN AN
APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE COMMONWEALTH OF
MASSACHUSETTS.
You acknowledge that you are aware that by using this Web site you may be
subject to security and privacy exploitations, including, eavesdropping,
sniffing, spoofing, hacking, breaking passwords, harassment, exposure to
objectionable material, posturing, or other security or privacy hazards. YOU
ACKNOWLEDGE AND AGREE THAT ANY CONTENT OR SOFTWARE DOWNLOADED OR OTHERWISE
OBTAINED FROM AMG AND ITS AFFILIATES IS DONE AT YOUR OWN RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGES WHATSOEVER ARISING FROM THE DOWNLOAD OR
OTHER ACQUISITION OF SUCH CONTENT OR SOFTWARE. AMG AND ITS AFFILIATES WILL NOT
BE RESPONSIBLE IF ANY SOFTWARE OR CONTENT INFECTS OR CONTAMINATES A USER'S
SYSTEM OR INFORMATION.
These terms and conditions of use, as modified from time to time, constitute
the entire agreement between AMG and you with respect to your use of this Web
site. Any cause of action you may have with respect to your use of this Web
site must be commenced within one (1) year after the claim or cause of action
arises. If for any reason a court of competent jurisdiction finds any provision
of these terms and conditions of use, or portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent permissible so as to
effect the intent of these terms and conditions of use, and the remainder of
the terms and conditions of use shall continue in full force and effect.
Copyright © 2009 Affiliated Managers Group, Inc. All Rights Reserved.
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