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TERMS OF USE POLICY

Last Updated May 17, 2010

This Terms of Use Policy (this “Policy”) controls your access to and use of www.argentcapital.com and all forms of information hosted thereunder, whether as part of the primary domain, any subdomain, or any other designation thereof, including text, pictures, animation, video and sound recording, software programs, and any other content that may now or shall hereinafter be present thereon (the “Website”), and binds you, your heirs, devisees, beneficiaries, executors, successors and assigns (“you”) and shall inure to the benefit of Argent Capital Management LLC (“Argent”) and its successors and assigns.  By accessing, browsing or utilizing this Website you are accepting without limitation or qualification, this Policy of Argent as stated herein, and acknowledge that any other agreement between you and Argent Capital® concerning the subject matter herein is superseded by this Policy and of no force or effect.  If you visit the Website you accept these conditions. If you do not consent to this Policy, you should not utilize the Website in any manner whatsoever.  If you have questions regarding this Policy, or feel that Argent is not abiding by this Policy, please contact us at dtope@argentcapital.com or by calling (314) 725-6000.

Terms of Use

General

All material on the Website is information of a general nature and does not address the circumstances of any particular individual or entity, nor is it intended to provide tax, legal, investment or insurance advice.  Nothing on the Website constitutes professional and/or financial advice, nor does any information on the Website constitute a comprehensive or complete statement of the matters discussed or the law relating thereto.  No action should be taken or omitted to be taken in reliance upon information on this site.  Advice from a suitably qualified professional should always be sought in relation to any particular matter or circumstance.

Nothing on the Website constitutes or forms a part of any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities, nor should it or any part of it form the basis of, or be relied upon in any connection with any contract or commitment whatsoever.

References on the Website to specific company securities should not be construed as investment advice.  The information provided in the Website should not be considered a recommendation to purchase or sell any particular security. You should not assume that investments in any securities were or will be profitable. A list of stocks recommended by Argent in the past year is available upon request.

References on the Website to performance results reflect historical performance, net of investment advisory fees and deducting for certain transaction costs, and assume reinvestment of dividends and income plus capital appreciation.  References to performance results are supplied as supplemental information to the composite disclosures that appear elsewhere on the Website.  Past performance is no guarantee of future results.


Access

You may access and use the Website solely to view information about the products and services offered by Argent for your personal, informational, and noncommercial use or as expressly authorized by Argent. You agree not to access or use the Website for any other purpose including, without limitation, any purpose that is prohibited by this Policy or that is otherwise unlawful. You further agree to comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Website. Argent may, in its sole discretion, terminate or suspend your access to, and/or use of, the Website, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to access the Website is terminated, you will not thereafter access, or attempt to access, the Website, directly or indirectly, and (b) if your authorization to access the Website is suspended, you will not thereafter access, or attempt to access, the Website, directly or indirectly, until your suspension is removed and we give you express notice thereof.


Privacy

We do not collect any personal information from anyone who is merely visiting or browsing our website.  However, personal information may be obtained from visitors who choose to send us e-mail messages with inquiries regarding Argent and its products and services.

As part of our business, we may collect non-public personal information about Argent’s clients.  We generally have an obligation to maintain the confidentiality of that information pursuant to regulatory requirements and have a privacy policy in place that describes our information collection and sharing practices and the measures we take to preserve the privacy and security of such non-public information. The treatment of personally identifiable information that Argent collects when you are on the Website and when you use or purchase any goods or services provided by Argent is subject to and governed by our Privacy Notice. Please note that you are not deemed to be our client for purposes of the privacy policy merely by accessing and/or browsing this website.

 

Electronic Communications

When you visit the Website or send e-mails to Argent, you are communicating with Argent electronically.  In so doing, you consent to receive communications from Argent electronically, whether by e-mail or by posting notices on the Website.  By accessing the Website and/or utilizing any of its features, you thereby agree and acknowledge that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

Risk; Limitation of Liability

Your use of and browsing of the Website is at your own risk.  Neither Argent nor any other party involved in creating, producing or delivering this website is liable for any direct, indirect, incidental, consequential, special, punitive or other damages whatsoever arising out of your access to or use of, this website even if Argent has been advised of the possibility of such damages.  Without limiting the foregoing, YOU EXPRESSLY UNDERSTAND AND AGREE THAT (A) THE WEBSITE AND ALL THE CONTENTS THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, (B) ARGENT, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, (C) ARGENT MAKES NO WARRANTIES ABOUT THE ACCURACY, INTEGRITY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE OR ANY ADVICE, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS WEBSITE, (D) ARGENT DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE WEBSITE OR THE CONTENTS THEREOF RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ARGENT IS NOT RESPONSIBLE FOR THOSE COSTS.

Argent also assumes no responsibility and shall not be liable for any damage to or viruses that may infect your computer equipment or other property, or for any loss or corruption of data on account of your access to, use of or browsing of the Website.  In no event shall Argent’s total liability to you for all damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you to Argent, whether or not any such amounts are actually paid, for accessing the Website or any of the content thereon.


Links to Other Sites

The Website may feature various links to HTML, scripts, graphics, images, video and audio, databases or other media assets, websites, content, or other files not hosted or operated by Argent (each, a “Third Party Site”), and all such links are provided solely as a convenience to you.  Argent has not reviewed any Third Party Site and does not control and is not responsible for any Third Party Site or its content.  Notwithstanding any content on the Website indicative of the contrary, Argent makes no endorsement of or representation about any Third Party Site, or any information, software, or other products or materials found there, or any results that may be obtained from using them.  If you decide to access any Third Party Site linked to in the Website, you do so entirely at your own risk.  Argent assumes no responsibility for the privacy, terms of use or other policies of any Third Party Site.  Argent recommends that you review any Third Party Site’s privacy policies before submitting any information.  Argent assumes no responsibility and shall not be liable for any damage to or viruses that may infect your computer equipment or other property, or for any loss or corruption of data resulting from any Third Party Site navigated to or accessed from links hosted on or contained in the Website.

Argent does not guarantee that you will receive an alert when you leave the Website, and it is your responsibility to determine when you have left the Website.


Links to www.argentcapital.com

Anyone linking to the Website must comply with all applicable laws, the following guidelines and this Policy.  A Third Party Site may link to the Website, but may not replicate any content contained therein.  In addition, any Third Party Site that links to the Website may not:

  • create a border or browser environment around Website content,
  • imply that Argent is endorsing it or its products,
  • misrepresent its relationship with Argent,
  • present false information about Argent, its products or services,
  • use the Argent logo or name or phrase without prior written permission from Argent, or
  • contain illegal content, or content that could be construed as distasteful, offensive or controversial and should only contain content that is appropriate for all age groups.


Trademarks / Copyright

The Argent name and logo are trademarks of Argent.  Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on the Website without the express written permission of Argent.  Your misuse of the trademarked name or logo of Argent, or any menus, labels, or other content of the Website, is strictly prohibited.  You are also advised that Argent will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.  Argent reserves all rights pertaining to the Website.

You should assume that everything you see, read or access on the Website is copyrighted and owned by Argent unless otherwise noted, and may not be used except as provided in this Policy without the express written permission of Argent.

All images, designs, icons, logos, photographs and other materials that appear or are accessible on the Website (“Website Materials”) are copyrights, trademarks and trade dress and/or other intellectual properties owned, controlled and/or licensed by Argent.  The use of Website Materials by you or anyone else authorized by you is prohibited unless specifically permitted by this Policy.  In addition to violating this Policy, any unauthorized use of such images may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.


Acceptance of Terms of Use Policy

In case of any inconsistency between this English language Terms of Use Policy and its translation into another language, this English language document controls.

Governing Law and Jurisdiction

Argent operates the Website within the United States of America, and this Policy is governed by the laws of the United States of America and the State of Missouri, without giving effect to the conflict of law provisions thereof and expressly excluding any application of the United Nations Convention on Contracts for the International Sale of Goods.  You agree that any legal action arising from or relating in any way to the Website will be brought exclusively in the Federal or State courts located in St. Louis, Missouri, and you irrevocably agree to submit to the jurisdiction of such courts.  Further, you agree to indemnify, defend and hold harmless Argent and its agents and affiliates against any claim, liability, expense or damages arising from or relating to your use of the Website.  If any provision of this Policy shall be deemed unlawful, void, or for any other reason unenforceable, then that provision shall be deemed severable from the remainder of the Policy and shall not affect the validity and enforceability of any remaining provisions.

Changes in this Policy

Argent reserves the right to change, amend, adjust, add to or delete from this Policy as stated here from time to time, as necessary and without notice.  Argent advises that you check the Website frequently to obtain updates, and you expressly agree to be bound by any such updates.