Use and Acceptance
This website (the “Site”) along with any tools and/or services offered and/or provided by Private Capital Management, LLC ( “PCM” or “we” or “our”) through our Site, are offered to you conditioned upon your acceptance without modification of these Terms and Conditions. By accessing our Site, you agree to be bound by the Terms and Conditions below. Please read these Terms and Conditions carefully. If you do not agree to these Terms and Conditions, you may not use our Site.
Modification
We may change these Terms and Conditions from time to time without notice to you. You should review these Terms and Conditions each time you use our Site to make sure you agree to them. By using our Site after changes have been made to these Terms and Conditions, you are agreeing to accept and comply with those changes.
Use of Information and Materials
The information and materials contained in the pages on our Site, and the terms, conditions, content, products, services and descriptions that appear on the Site, are subject to change. Unauthorized use of the Site, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited. Your eligibility for a particular product or service is subject to our final determination.
We reserve the right to prohibit access to anyone whom we determine are violating these Terms and Conditions, restricting or inhibiting any other user from enjoying the Site, or whose conduct we reasonably determine may constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
Copyrights, Trademarks and Other Intellectual Property
The Site may contain copyrighted works and trademarks and other proprietary material owned by PCM or our third party content providers. You may use the information available from our Site for informational purposes only. You may download copyrighted materials for your personal or internal business purposes only. The availability of third party data from or through the Site is not to be used as a substitute for a license or services agreement directly with the relevant third party content provider. Except as stated above, you may not copy, reproduce, publish, post, transmit, display, store, sublicense, transfer or distribute material or images from the Site without our express written permission or that of our content providers, as applicable (“Permission”). You may not modify, alter, revise, paraphrase, omit, or change any material or images on or from the Site without Permission. You may not create derivative works, whether based in whole or in part upon the information on the Site or any portion thereof without Permission. You may not modify, amend, reduce the size of or in any way obscure any warning, notice, liability limitation, or other license provision in material or images on or from the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right in and to our trademarks or copyrighted material. You may not use any of our trademarks as a link to the Site except pursuant to a written trademark license agreement.
Independent Provider Links
Our Site may contain links to websites controlled or offered by third parties (non-affiliates of PCM). PCM hereby disclaims liability for any information, materials, products or services posted or offered at any third party websites linked to this Site. By providing a link to a third party website, PCM does not endorse or recommend any products or services offered or information contained on those websites, nor is PCM liable for any failure of products or services offered or advertised on those websites. In the event you choose to use the services available at a linked website, you agree to read and adhere to the policies and terms of use applicable to that website. Your participation in any linked website, including payment for and the delivery of goods or services, is based solely on the agreement, if any, between you and the third party website provider. Such a third party may have a privacy policy different from that of PCM and the third party website may provide less security than our Site.
No Warranties
The information and materials contained within or available through our Site, including text, graphics, links or other items, are provided “as is” or “as available”. PCM does not warrant the accuracy, adequacy or completeness of this information and materials and PCM expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose, accuracy of information content, information access and order execution and freedom from computer virus, is given in conjunction with the Site or available information and materials.
Limited Liabilty
By accessing our Site, you agree to waive all claims against PCM and all third party content providers arising from or regarding the Site. You agree that in no event shall PCM or any vendor be liable for any damages, including any incidental, consequential, special, direct or indirect damages, losses or expenses arising in connection with this Site or any linked third party website, or use thereof or inability to use, by any party that results from any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if PCM, or its representative thereof, is advised of the possibility of such damages, losses or expenses, except as limited by applicable law.
Our entire liability and your exclusive remedy for any dispute or claim related to these Terms and Conditions, the Site or the privacy policy is your cessation of the use of our Site and all related services. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. We cannot and will not assume any liability for unauthorized or fraudulent use of the Site.
Indemnification
You agree to indemnify and hold harmless PCM and our third party content providers which provide content for the Site (either through links or otherwise), from any loss, including reasonable attorneys’ fees, related to any claim, whether made by you or any third party, arising from content you submit, post to or transmit through the Site, your use or misuse of the Site, your connection to the Site, your violation of these Terms and Conditions, any harm you cause to another user or any form of inaccuracy, delay, error or omission relating to any service, product, information or materials provided through or available on the Site. Your obligations under this section will survive your termination of access to or use of the Site, or nonuse of any service, information or material.
Additional Terms
Certain sections or pages on our Site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
Our Commitment to Your Privacy
Please note that since we cannot control information on other Internet sites, we are not responsible for the content of sites linked from the Site.
Disclosure
Private Capital Management, LLC is registered as investment advisor with the Securities and Exchange Commission (SEC). This does not imply a certain level of skill or training. Individuals and firms may only transact business in a jurisdiction after satisfying its licensing and qualification requirements, or after being excluded or exempted.
The materials contained in this website have been obtained, derived and prepared based on information from public and private sources that Private Capital Management believes to be reliable. However, no representation, warranty or undertaking, stated or implied, is given as to the accuracy or completeness of the information contained herein, and Private Capital Management expressly disclaims any liability for the accuracy and completeness of information contained in this website. Private Capital Management maintains the right to delete or modify information on this website without prior notice, and information contained herein is subject to change without notice.
This site has been designed for general informational and educational purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any security or strategy referenced on the site. Such offers can only be made where lawful under applicable law. Private Capital Management does not intend to provide investment advice through this site and does not represent that the securities or services discussed are suitable for any investor. Any subsequent, direct communication by Private Capital Management with a prospective client shall be conducted by a representative that is either registered or qualifies for an exemption or exclusion from registration in the state where the prospective client resides.
Investors are advised not to rely on any information contained in the site in the process of making a fully informed investment decision. Private Capital Management does not, and this site does not intend to, render business, tax or legal advice. Each prospective client should consult his/her own attorney, business advisor and tax advisor as to legal, business, tax and related matters concerning the information contained herein. Each client and prospective client agrees, as a condition precedent to accessing Private Capital Management’s website, to release and hold harmless Private Capital Management, its officers, directors, employees and agents from any and all adverse consequences resulting from any of his/her/its actions and/or omissions which are independent of his/her/its receipt of personalized individual advice from Private Capital Management.
The information, opinions and views contained herein have not been tailored to the investment objectives of any one individual, are current only as of the date when posted and may be subject to change at any time without prior notice. Private Capital Management does not have any obligation to provide revised opinions in the event of changed circumstances. Nothing contained in this website should be construed as investment advice.
Any ideas or strategies discussed in the website should not be undertaken by any individual without prior consultation with a financial professional for the purpose of assessing whether the ideas or strategies that are discussed are suitable based on your own personal financial objectives, needs and risk tolerance. Private Capital Management expressly disclaims any liability or loss incurred by any person who acts on the information, ideas or strategies discussed herein.
At certain places on our website, we may provide access or ‘links’ to other internet websites sponsored and maintained by third parties. Private Capital Management is providing such links solely as a convenience. Private Capital Management makes no representations concerning the content of the websites. These sites contain information that has been created, published, maintained or otherwise posted by institutions or organizations independent of Private Capital Management. Private Capital Management does not endorse, approve, certify or control these websites and does not assume responsibility for the accuracy, completeness or timeliness of the information located there. Visitors to these websites should not use or rely on the information contained therein until consulting with an independent finance professional. Private Capital Management does not necessarily endorse or recommend any commercial product or service described at these websites.
Past performance does not guarantee future returns and should not be taken as an indication or guarantee of future performance, and no representation or warranty, express or implied, is made regarding future performance. Therefore, no current or prospective client should assume that future performance of any specific investment, investment strategy (including the investments and/or investment strategies recommended by Private Capital Management) or product/strategy referenced to directly or indirectly by Private Capital Management on its website, or indirectly via a link to an unaffiliated third party website, will be profitable or equal the corresponding indicated performance level(s). Different types of investments involve varying degrees of risk, and there can be no assurance that any specific investment will either be suitable or profitable for a client or prospective client’s investment portfolio. Investing entails risks, including possible loss of principal. The price of, value of and income from securities or financial instruments can fall as well as rise.
Clients utilizing this website for the purpose of accessing documents posted to a web portal do so with the understanding that accessing such information through the portal should be done only through secure channels and on non-public machines. Private Capital Management cannot be responsible for criminal activities of others, specifically those that may access client information through the use of a client’s password or other credentials.
Clients are strongly encouraged to compare the information found through the portal with any information received directly from their account custodian.