This website is provided as a service and for informational purposes only, by E. S. Barr & Company (“E. S. Barr & Company” or “we”), a registered investment adviser.
ACCEPTANCE OF THE TERMS OF USE
By using this website, you agree, without limitation or qualification, to the following terms of use and legal information pertaining to both this website and any material on this website. Please read these terms carefully before using this website. These terms are a binding contract between you and E. S. Barr & Company. E. S. Barr & Company reserves the right, at its discretion, to amend, change, modify, add, or remove portions of these terms at any time and without notice by updating this posting.
We suggest that you check these terms periodically for changes. The terms can be accessed from the link at the bottom of our website pages. This website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. If you use this website after we post amendments to these terms, you accept the amended terms.
If you do not agree to these terms, do not use this website.
All materials on this site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
If you have entered into an agreement with E. S. Barr & Company, your client relationship with E. S. Barr & Company is governed by such agreement in addition to the terms of this website. In the event of any conflict between the terms on this website and your agreement with E. S. Barr & Company, the agreement shall govern and control.
DISCLAIMER
While E. S. Barr & Company seeks to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors for which we apologize. The information provided on this website, including information and materials contained in the text, graphics, software, links and other items are provided “as is”; “as available” and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, E. S. Barr & Company disclaims all warranties of any kind, implied, express or statutory, including, but not limited to, implied warranties of merchantability, warranties of fitness for a particular purpose and warranties of non-infringement. E. S. Barr & Company does not warrant, either expressly or impliedly, the accuracy, adequacy, completeness, reliability, timeliness or availability of the information, text, graphics, links or other items contained on this website, and expressly disclaims liability for errors or omissions in the website. The contents of this website are subject to change without notice. Further, E. S. Barr & Company assumes no responsibility for, and makes no warranties that, functions contained at this website will be uninterrupted or error-free, that defects will be corrected, or that the website or the server that makes it available will be free of viruses or other harmful components. Please note that some jurisdictions do not allow the exclusion of certain warranties, so some or all of the above exclusions may not apply to you.
The information provided on this website is provided for informational purposes only. This website is not intended to provide any tax, legal, insurance or investment advice, and nothing on this website should be construed as a recommendation by us or any third party to acquire or dispose of any investment or security or to engage in any investment strategy or transaction. No information contained on this website constitutes an offer, or a solicitation to buy, any security or an offer to provide any specific investment management or advisory services. Nothing on this website shall be considered a solicitation to buy or an offer to sell a security, or any other product or service, to any person in any jurisdiction where such solicitation, offer, purchase or sale would be unlawful under the laws of such jurisdiction.
LIABILITY AND INDEMNITY
E. S. Barr & Company expressly disclaims all liability for errors and omissions in these materials and for the use or interpretation by others of information contained on the website. E. S. Barr & Company will not be responsible for any loss or damage that could result from interception by third parties of any information made available to you via this website. Neither E. S. Barr & Company, nor any of its officers or employees, nor any third party vendor retained by E. S. Barr & Company will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this website, or resulting from the act or omission of any other party involved in making this website or the data contained therein available to you, or from any other cause relating to your access to, inability to access, or use of the website or these materials, whether or not the circumstances giving rise to such cause may have been within the control of E. S. Barr & Company or of any vendor providing software or support services for this website. In no event will E. S. Barr & Company, its affiliates or any such parties be liable to you for any direct, special, indirect, consequential, incidental damages or any other damages of any kind, even if E. S. Barr & Company or any other party has been advised of the possibility thereof.
Decisions based on information contained on this website are the sole responsibility of the visitor, and in exchange for using this website, the visitor agrees to hold E.S. Barr & Company harmless against any claims for damages arising from any decisions that the visitor makes based on such information. The visitor also agrees to hold E.S. Barr & Company harmless for any claims for damages that arise from the visitor’s improper access to or use of this website, or any violation of the terms of use of this website. In no event will E.S. Barr & Company be liable for any damages, or for repairs or corrections that must be performed, to or on your computer, person or other property, including, without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the website or use thereof or the inability by any party to use such website, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if E. S. Barr & Company, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
RESTRICTIONS ON USE OF MATERIALS
This website is owned and operated by E.S. Barr & Company. Permission is granted to display and navigate around this website solely for personal, non-commercial use. Any commercial or public use of this website or any portion hereof is strictly prohibited. Except as otherwise permitted in writing by E. S. Barr & Company, no text, graphics, video, audio, software code, user interface design, logos or any other content of this website may be used, modified, framed, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on this website for non-commercial, personal use only if you preserve and retain all copyright and other proprietary notices contained on the materials.
E.S. Barr & Company neither warrants nor represents that your use of materials displayed on this website or links will not infringe rights of the third parties not owned by or affiliated with E.S. Barr & Company.
SEC MATERIALS
Certain information provided on or through this website may have been filed with the Securities and Exchange Commission (“SEC”) (such materials being referred to as “SEC Materials”). E. S. Barr & Company does not assume any duty of disclosure beyond that which is imposed by law. The SEC Materials should be read in conjunction with an entity’s periodic and other reports filed with the SEC, including the disclosures therein of certain factors which may affect an entity’s future performance. Statements contained in the SEC Materials are intended to be read in conjunction with and in the context of the complete SEC Materials in which they appear, rather than as stand-alone statements.
Certain statements included in both the SEC Materials and other public disclosures contained on this website are “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements are subject to risks, uncertainties, and other factors which could cause actual results to differ materially from future results expressed or implied by such forward-looking statements. The most significant of such factors include, but are not limited to, the following: the performance of financial markets, the investment performance of sponsored investment products and separately managed accounts, general economic conditions, future acquisitions, competitive conditions, and government regulations, including changes in tax rates. E. S. Barr & Company cautions readers to carefully consider such factors. Further, such forward-looking statements speak only as of the date on which such statements are made; E. S. Barr & Company undertakes no obligation to update any forward-looking statements to reflect events or circumstances after the date of such statements.
SUBMISSIONS
Electronic Mail (email) submitted to this website should be considered neither secure nor confidential. E. S. Barr & Company makes no representation whatsoever concerning the security or confidentiality of your email messages and specifically makes no representation that any email message submitted through this website will be received by E. S. Barr & Company.
Any communications or material you transmit to this website by electronic mail or otherwise, including data, questions, comments, or suggestions will be treated as non-confidential and nonproprietary and will become the property of E. S. Barr & Company or its affiliates. Such communications or material shall be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, E. S. Barr & Company is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this website for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.
TRADEMARKS AND COPYRIGHTS
E. S. Barr & Company owns and operates this website. All trademarks, service marks, trade names, and logos displayed on this website are proprietary to E.S. Barr & Company or its affiliates, except as explicitly noted below under Ownership of Other Materials. Nothing contained on the 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 E. S. Barr & Company or such third party that may own the trademarks displayed on this website. Your use of the trademarks displayed on this website, except as provided herein, is strictly prohibited.
Images, screens, information, related software and other proprietary property displayed on this website are either the property of, or used with permission by, E. S. Barr & Company. The use of these images, screens, information, related software and other proprietary property by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If you download any information or software 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. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from this website.
LINKED WEBSITES
This website may provide links to other websites for your convenience in locating related information and services. Unless otherwise indicated, E.S. Barr & Company does not maintain these other websites and has no control over the organizations that maintain the websites or the information, products or services that these organizations provide. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by E. S. Barr & Company. Your linking to any off-site pages or other websites is at your own risk. Although we believe that the information from these organizations is reliable, E. S. Barr & Company cannot guarantee its completeness or suitability for any purpose and does not recommend or endorse these organizations or their products or services in any way. E. S. Barr & Company shall have no liability for any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content. E. S. Barr & Company makes no representations whatsoever about the opinions of any third party appearing on a linked website, neither regularly monitors nor has control over the contents of such websites, and does not endorse, and disclaims all responsibility for, the content of such statements or websites.
APPLICABLE LAW AND VENUE
This website (excluding linked websites) is controlled by E. S. Barr & Company from its offices within the Commonwealth of Kentucky, United States of America. By accessing this website, both you and E. S. Barr & Company agree that the statutes and laws of the Commonwealth of Kentucky, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this website. If you take legal action relating to these terms, you agree to file such action only in applicable state or federal court in Kentucky, and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any such action.
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. The preceding terms of use represent the entire agreement between E. S. Barr & Company and the user relating to the subject matter herein.