Terms of Use

This Terms of Use Agreement ("Terms") states the terms and conditions under which you may use this website and all products, services, content, tools and information available through the website. By accessing, browsing and/or using this website, you acknowledge that you have read, understood and agree to be legally bound by the Terms.

These Terms are in addition to any other agreements between you and us, including any customer or account agreements and any other agreements that govern your use of our or any third party's products, services, content, tools and information available on this website.

Your use of this website is governed by the version of the Terms in effect on the date this website is accessed by you. We reserve the right to modify, add or remove any portion of the website or these Terms at any time, without notice. If you access or use the website after any modification to the Terms has been posted, you will be deemed to have agreed to the modified Terms. We reserve the right to monitor the use the website.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE.

Important Disclosure

Leavitt Capital Management, Inc. ("Leavitt") is registered with the Securities and Exchange Commission as an investment adviser.  This website is limited to the dissemination of general information pertaining to its advisory services, together with access to additional investment-related information, publications, and links. Accordingly, the publication of this website should not be construed by you as Leavitt’s solicitation to effect, or attempt to effect transactions in securities, or the rendering of investment advice.

Certain portions of this website, including newsletters, articles and commentaries, may contain a discussion of, and/or provide access to, Leavitt’s (and those of other investment and non-investment professionals) positions and/or recommendations as of a specific prior date. Due to various factors, including changing market conditions, such discussion may no longer be reflective of current position(s) and/or recommendation(s). Moreover, you should not assume that any such discussion serves as the receipt of, or a substitute for, personalized advice from Leavitt, or from any other investment professional.

Rankings and/or recognition by unaffiliated rating services and/or publications should not be construed by you as a guarantee that you will experience a certain level of results if Leavitt is engaged, or continues to be engaged, to provide investment advisory services, nor should it be construed as a current or past endorsement of Leavitt by any of its clients. Rankings published by magazines, and others, generally base their selections exclusively on information prepared and/or submitted by the recognized adviser.

Disclaimer

Nothing contained on this website constitutes tax, legal, insurance or investment advice. Neither the information, nor any opinion, contained on this website constitutes a solicitation or offer by us or our affiliates to buy or sell any securities, futures, options or other financial instruments, nor shall any such security be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. Decisions based on information contained on this website are your sole responsibility. In exchange for using this website, you agree to defend, indemnify and hold Leavitt and its officers, directors, trustees, employees, affiliates, agents, licensors and suppliers harmless against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) resulting from or arising out of your use of this website or its contents, from your violation of these Terms or from any decisions that you make based on information contained in this website.

The information and services provided on this website are provided "AS IS" and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, including, but not limited to, any warranty of non-infringement of third-party rights and any implied warranties of merchantability and fitness for a particular purpose. We do not warrant, either expressly or impliedly, the accuracy or completeness of the information, text, graphics, links or other items contained on this website and do not warrant that the functions contained in this website will be uninterrupted or error-free, that defects will be corrected, or that the website will be free of viruses or other harmful components. We expressly disclaim all liability for errors and omissions in the materials on this website and for the use or interpretation by others of information contained on the website.

Leavitt assumes no responsibility and makes no warranties, that this website will be error-free, that defects will be corrected, or that this website or the server that makes it available will be free of viruses or other harmful components. Leavitt shall not be liable for any damages caused by, viruses that may infect, or services, repairs or corrections that must be performed, on your computer or other property on account of your accessing or use of this website. The content of this website is intended for informational, educational and research purposes only. Accordingly, Leavitt does not recommend, solicit or offer any investment through this website and Leavitt shall not be liable for any investment decisions, advice, loss of profits, costs or any other indirect damages relating to the suitability, adequacy, validity, accuracy, timeliness, delay, completeness or use of any information on this website.

With respect to any performance data presented on this website, you should note that past performance is not an indication, and is not a guarantee, of future performance. Unauthorized use of any material contained on this website may violate copyright laws, trademark laws, trade secret laws, the laws of privacy, and other regulations and statutes.

Reasonable precautions have been taken to ensure that the website content are complete and accurate. However, due to the nature of information delivery technology and the necessity of using multiple data sources, including third party content, we are unable to assure the accuracy of the data you access through this website. Website content is presented only as of the date published or indicated and may be superseded by subsequent market events or other reasons. We have no duty to update this website or any website content. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM ANY ACTIONS OR INVESTMENT DECISIONS TAKEN BY YOU BASED ON THE ACCURACY OF THE DATA PRESENTED THROUGH THIS WEBSITE.

You agree that you are responsible for the means you use to access the website and understand that your hardware, software, the Internet, your Internet Service Provider, and other third parties involved in connecting you to our website may not perform as intended or desired. We also disclaim responsibility for damages third parties may cause to you through the use of this website, whether intentional or unintentional. For example, you understand that hackers could breach our security procedures, and that we will not be responsible for any related damages.

Trademarks, Copyrights and other Intellectual Property

The content contained on this website is owned or licensed by Leavitt and its third-party information providers and is protected by applicable copyrights, trademarks, service marks, and/or other intellectual property rights. Such content is solely for your personal, non-commercial use. Accordingly, you may not copy, distribute, modify, post, frame or deep link this website, including any text, graphics, video, audio, software code, user interface design or logos. You may download material displayed on this website for your personal use provided you also retain all copyright and other proprietary notices contained in the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this website for public or commercial purposes, including all text, images, audio, and video, without our written permission.  Contact us for additional information. Modification or use of the materials for any other purpose violates our intellectual property rights.

All trademarks, service marks, trade names, and logos displayed on this website are proprietary to Leavitt and/or their respective owners. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the written permission of Leavitt or such other third party that may own the trademark displayed on this website. Your use of the trademarks displayed on this website, except as provided herein, is strictly prohibited.

The use of the images displayed on this website by you, or anyone else authorized by you, is prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, and the laws of privacy and publicity, and communications, as well as other regulations and statutes. If you download any information from this website, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information.

Links to Other Websites

We may establish links between this website and one or more websites operated by third parties. We have no control over any such other websites, the contents therein or the products/services offered. The existence of any such links shall not constitute an endorsement of, or representation or warranty by us regarding, such websites, the contents of the websites, the products or services of the websites or the operators of the websites. Your access to and use of such linked websites is governed by the terms of use and privacy policies of those sites, and shall be at your own risk. We disclaim responsibility for the privacy policies and customer information practices of third-party internet websites hyperlinked from our website.

Links to Leavitt from Other Websites

You shall not display hyperlinks on your websites to any website owned or operated by Leavitt or any of its affiliates. If you desire to display on your website a hyperlink to our website, you must enter into a written agreement with us governing such display. Access to any Leavitt website does not authorize you to use any of our names, logos, trademarks or copyrighted material, and you agree not to do so without our express written consent. Requests to display hyperlinks on your websites to Leavitt websites should be submitted here.

Transmissions to and From this Website

Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from this website may not be secure. Communications to Leavitt, particularly those containing confidential information, may be sent by mail to: Leavitt Capital Management, Inc., 3000 Dundee Road, Suite 101, Northbrook, Illinois 60062-2424. Should you provide unsolicited ideas, or material of any kind ("Communications") and we use it to develop or market products, services, content, tools or information, you agree that we can do so without compensating you. By providing us with such Communications, you represent to us that you own all rights to it.

You, thus, hereby grant Leavitt a perpetual, worldwide, royalty-free, irrevocable license to edit, reproduce, disclose, transmit, publish, broadcast or post your Communications either on this website or elsewhere with no liability or obligation to you. Leavitt is free to use any ideas, concepts, know-how or techniques obtained in your unsolicited Communications for any purpose including, but not limited to, developing and marketing products. Unless we state otherwise on the website or in our Privacy Policy, any Communications that you email or otherwise transmit through this website can be treated by us as non-confidential and nonproprietary.

Privacy Policy

Please review our Privacy Policy, which is a part of this Agreement and hereby incorporated by reference, to learn about our information collection practices and the measures we take to preserve the privacy and security of your information.

Jurisdiction and Governing Law

The information provided on this website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Leavitt or its affiliates to any registration requirement within such jurisdiction or country. This website and each investment product and service referred to on this website is intended for U.S. residents only. This website will not be considered a solicitation for or offering of any investment product or service to any person in any jurisdiction where such solicitation or offering would be illegal. If you choose to access this website from any location outside the State of Illinois, you do so on your own initiative and risk, and are responsible for compliance with all applicable law.

The laws of the State of Illinois govern these Terms without regard to conflict of law provisions. If you take legal action relating to these Terms, you agree to file such action only in the Circuit Court of Cook County, Illinois, or the United States District Court for the Northern District of Illinois, and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any action with Leavitt, its affiliates or with any funds referenced in this website.

Limitation of Liability

LEAVITT AND ITS AFFILIATES, OFFICERS, DIRECTORS, TRUSTEES, EMPLOYEES AND AGENTS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THIS WEBSITE), EVEN IF LEAVITT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE OR ANOTHER LINKED WEBSITE.

IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR IF YOU ACCESS THE WEBSITE SOLELY THROUGH AN ARRANGEMENT WITH YOUR EMPLOYER OR PLAN SPONSOR, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL LEAVITT'S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO LEAVITT, IF ANY, FOR ACCESSING THIS WEBSITE.

Prohibited Uses

Except as otherwise stated in these Terms or as expressly authorized by Leavitt in writing, you may not: (1) use this website in any manner that could damage or overburden any Leavitt server, or any network connected to any Leavitt server, as all servers have limited capacity and are used by many people; (2) use this website in any manner that would interfere with another party’s use of the website; (3) include the term "Leavitt Capital Management, Inc." or any Leavitt Capital Management, Inc. trademark or executive's name, or any variation of the foregoing, as a meta-tag or hidden textual element; (4) use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy this website or the reports, data, information, content, software, products services, or other materials on, generated by or obtained from this website, whether through links or otherwise (collectively, "Materials"), without Leavitt’s permission, provided that generally available third-party web browsers may be used without such permission; or (5) use this website or the Materials in any manner that could create an impression of affiliation, sponsorship or endorsement by Leavitt.

Termination

Leavitt may terminate your access to the website for any reason, without prior notice.

Waiver

No waiver by Leavitt of any right under or term or provision of these Terms will be deemed a waiver of any other right, term, or provision of these Terms at the time of such waiver or a waiver of that or any other right, term, or provision of these Terms at any other time.

Integration and Severability

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.