Introduction: Agreement
Mainstay Capital Management, LLC welcomes you to its Membership Web Site (the "Site"). By accessing this Site, you agree to these terms and conditions that govern your use of the content within our Site (the "Agreement"). If you do not agree to these terms and conditions, please do not access this Site.
We may from time to time change the terms and conditions that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. We may change, move, delete portions of, or may add to, our Site from time to time. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages on this Site.
This Agreement takes effect when you access the Site. You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor).
Copyright
Copyright © Mainstay Capital Management. All Rights Reserved.
This site is continuously updated and revised. Except as specifically permitted herein, no portion of the Materials (as defined below) posted on this Site, including but not limited to editorial and pictorial content, may be reproduced in any form or by any means without prior written permission from Mainstay Capital Management. Contact us toll-free at (866) 444-6246 to obtain such permission.
General Use Parameters and Restrictions
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, audio clips, video clips, news articles, documents, products, software, services and written and other materials that are part of this Site (collectively, the "Materials") are copyrights, trademarks, trade dress and/or other intellectual properties owned by, controlled by or licensed to Mainstay Capital Management or third parties (other than Mainstay Capital Management, "Third-Party Providers"). Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Mainstay Capital Management or the Third-Party Provider. No part of the Site, including logos, graphics, sounds, images, layout or design may reproduced or retransmitted in any way, or by any means, without the prior express written permission of Mainstay Capital Management. You also may not, without Mainstay Capital Management's prior express written permission, "mirror" any Material contained on this Site on any other server. Any use of these Materials on any other Web site or networked computer environment for any purpose is prohibited.
Permission is granted to display, copy, distribute and download Mainstay Capital Management's Materials on this Site provided that: (1) both the copyright notice which appears on this Site and this permission notice appear in the Materials, (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any of the Materials are made. This permission terminates automatically without notice if you breach any of this Site's terms or conditions. Upon termination, you will immediately destroy any downloaded and printed Materials.
Any unauthorized use of any Materials contained on this Site may violate copyright, trademark, and other laws, including but not limited to laws of privacy and publicity, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Important Disclosure
This Site and the Materials herein are provided on an "as is" basis. Mainstay Capital Management makes no representations or warranties, either express or implied, of any kind with respect to this Site or its contents.
All material presented is compiled from sources believed reliable, but the accuracy and completeness, and the opinions based thereon, are not guaranteed. Mainstay Capital Management’s opinion of the financial markets, general investment strategy, or particular investments or recommendations to clients may change at any time. The particular investments mentioned do not represent all of the securities bought, sold, or recommended for advisory clients and recommendations may change at any time. It should not be assumed that investments in any mutual funds or other securities mentioned were or will be profitable. Also, it should not be assumed that investments or recommendations made in the future will be profitable or will equal the performance of the investments mentioned. The opinions expressed in this report do not constitute a buy or sell recommendation. A list of Mainstay's recommendations for the prior year period is available upon written request. Before investing in any mutual fund, an investor should read its prospectus and Statement of Additional Information carefully. Mainstay Capital Management does not render, nor is responsible for, legal or accounting advice.
This website provides in certain places information obtained from outside sources or other website addresses or links. The outside information, or any other website information or links, including market and price information, and any other information from outside sources, contains information maintained or provided by institutions or organizations that are independent from Mainstay Capital Management, LLC. Our firm does not approve, recommend or have any control over these unaffiliated entities. Our firm cannot guarantee or assume any responsibility for the accuracy or completeness of any information provided by any outside organization or entity. We recommend that a person independently review or verify any information provided by any outside source available on our website before acting on such information.
Indemnity
Except as specifically stated on this Site, neither Mainstay Capital Management nor any of its officers, employees, or other representatives will be liable for damages arising out of or in connection with the use of this Site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. You agree to defend, indemnify and hold harmless Mainstay Capital Management and its officers, employees, and affiliates from and against any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your or related to your use of the Site or your breach of any of the foregoing agreements, representations, and warranties.
No Endorsements
No endorsement of any third-party products or services is expressed or implied by any information, material or content referred to or included on, or linked from or to this Site, nor does the inclusion of such links imply that Mainstay Capital Management endorses or accepts any responsibility for the content or uses of such linked Web sites.
Privacy Policy for Online Membership Applicants
Mainstay Capital Management is committed to respecting your privacy and recognizes your need for appropriate protection and management of personally identifiable information that you may share with Mainstay Capital Management to gain access to the Site.
Mainstay Capital Management will use the personal information provided by applicants for access to our Site for the purposes of processing the applicants' membership request. We will also use this information to send further communications from Mainstay Capital Management to members such as, but not limited to, our occasional research reports, market updates, and announcements.
You will have the option not to provide the information, and in the future you will be able to "opt out" of certain uses of the information. We will respect all unsubscribe requests. If you choose not to provide the information we request, you can still visit Mainstay Capital Management's general website, but you may be unable to access certain secure pages used for reporting, accessing, and sending other information on the Site.
Mainstay Capital Management is not responsible for the content or privacy practices of third-party Web sites to which this Site may link or may be linked.
We will only disclose personal information when required to do so, to government agencies, other regulatory bodies, and law enforcement officials.
Your Account
To access the Site, you must create a Mainstay Capital Management Membership Account associated with a valid e-mail address. You are responsible for all activities that occur under your account and, except to the extent caused by our breach of this Agreement, we are not responsible for unauthorized access to your account. You will contact us immediately if you believe an unauthorized third party may be using your account or if your account information is lost or stolen.
Termination
This Agreement is effective unless and until terminated by either you or Mainstay Capital Management. You may terminate this Agreement at any time. Mainstay Capital Management also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Mainstay Capital Management's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Mainstay Capital Management, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.