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Terms and Conditions


This site www.guggenheimpartners.com (“Site”) is owned and operated by Guggenheim Capital, LLC, which, along with its affiliates, does business under the name, Guggenheim Partners (collectively, “Guggenheim”). Guggenheim is a holding company that, through its affiliates provides investment management, investment banking, capital markets services, insurance and investment advisory solutions for institutions, corporations, governments and agencies, investment advisors, family offices and individuals. You may use this site only if you agree, without modification, to these Terms and Conditions of use (“Terms”). Please read the Terms carefully before continuing. If you do not agree to these Terms, you must leave the Site.

By accessing this site you signify your understanding and acceptance of our Terms. You may use your browser to download or print out a copy of these Terms for you records

The information provided on this site or in any communication containing a link to this site 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 that would subject Guggenheim to any registration requirement within such jurisdiction or country. Neither this information nor any opinion contained on this site constitutes a solicitation, recommendation or offer by Guggenheim to buy or sell any securities, options or other financial instruments or provide any investment advice or service. Except as expressly authorized herein you may not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate, or commercially exploit any information on this site.

 

Disclaimer of Warranty and Limitation of Liability

The information on this site is provided “as is.” Guggenheim does not warrant the accuracy of the information provided herein, or on any site accessed from this site through a hypertext link, either expressly or impliedly, for any particular purpose and expressly disclaims any warranties of merchantability or fitness for a particular purpose. Guggenheim shall not be responsible for any loss or damage that results from interception by third parties of any information made available to you via this site. Although the information provided to you on this site is obtained or compiled from sources we believe to be reliable, Guggenheim cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. GUGGENHEIM ALSO MAKES NO GUARANTEE AS TO THE ACCURACY, VALIDITY, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION ON ANY SITE TO WHICH YOU GAIN ACCESS THROUGH A HYPERTEXT OR OTHER LINK FROM THIS SITE.

Neither Guggenheim nor any of its directors, members, officers or employees, or any third party vendor, 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 site, or that results from the act or omission of any other party involved in making or maintaining this site or the data contained herein available to you, or from any other cause relating to your access to, inability to access, or use of the site or any materials included on this site, whether or not the circumstances giving rise to such cause may have been within the control of Guggenheim or of any vendor providing software or services support. Guggenheim and its directors, members, officers, employees, and third party vendors also shall have no liability or responsibility of any kind for any loss or damage that you incur as a result of any information contained on any Web pages or site maintained by any third party that you access through a hypertext link or the client log-in screen of this site. In no event shall Guggenheim or any such parties be liable to you for any direct, special, indirect, consequential, or incidental damages or any other damages of any kind even if Guggenheim or any other party has been advised of the possibility thereof.

 

Linked Sites

You may access from this site, by means of the client log-in screen, Web pages hosted by Guggenheim Partners ("Guggenheim") that provide you with information concerning your account and investments, as well as other Web sites hosted by third parties. Should you leave this site via the client login screen or another link contained herein, you do so at your own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by Guggenheim. Guggenheim is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided by Guggenheim or any other third party on external Web pages or sites, whether such damages or losses are actual, alleged, consequential or punitive. Links to third party hosted Web sites shall not constitute an endorsement of, or representation or warranty by Guggenheim regarding the content, products, services or the operators of such Web sites. Your access to and use of such linked Web sites is governed by the terms of use and privacy policies of those sites, and shall be at your own risk. Guggenheim disclaims responsibility for the privacy policies and customer information practices of third-party internet Web sites hyperlinked from our Web site.”

 

Copyright or Other Notices

All copyrights and intellectual property rights to Materials on the Site belong to or are licensed to Guggenheim. If you download any information or software from this site, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information.

 

Jurisdiction, Governing Law and Severability

Users of this Web site shall be bound by all applicable Federal laws of the United States of America and the laws of the State of New York.

The appropriate New York Federal or State court shall have exclusive jurisdiction for any action or dispute arising out of this agreement or website. If any of these Terms is held invalid or unenforceable, that part will be deemed modified as necessary to make it effective, and the remaining provisions of these Terms will remain in effect.

 

Investment Performance

Your account statements may contain performance information. You should be aware that past performance is not necessarily indicative of future results. The value of investments may fall as well as rise and investors may not get back the amounts invested.

 

Modification of Site

Guggenheim reserves the right, at its discretion, to change these Terms and the contents of this site at any time and without notice. We suggest that you review these Terms periodically for changes. The Terms can be accessed from links on the home page and other pages of the site. If you use this site after we post changes to these Terms, you accept the changed terms. Guggenheim may also offer other services from time to time that are governed by different terms and conditions.

 

Monitoring of Site

Guggenheim expressly reserves the right to monitor any and all use of this site. Guggenheim is under no obligation to do so and assumes no responsibility or liability arising from the use of this site.

 

Privacy and Security

For information on how Guggenheim uses and protects the personal information you may provide on this site, please click on the link to “Privacy Policy” to access explanations of Guggenheim’s Internet privacy policy and security measures. You may not use this site to collect or harvest personal information about other persons or otherwise use the site in a manner that is inconsistent with their privacy or personal data protection rights.

 

Indemnification

As a condition of use of this Site, you agree to indemnify Guggenheim from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable attorneys' fees) arising from your use of this Site, including without limitations any claims alleging facts that if true would constitute a breach by you of these Terms and Conditions.

 

Security and Confidentiality of User IDs

The user identification and password (hereinafter together referred to as “User ID”) that have been provided to you by Guggenheim are for your exclusive use only. By accepting your User ID you agree to protect the confidentiality and security of your User ID and of the site and its contents and that such information will only be communicated within your organization to properly authorized employees and agents, where applicable. Guggenheim is not responsible for any damages or losses resulting from any breach of security caused by your failure to maintain the confidentiality of your User ID. You agree to notify Guggenheim immediately in the event of loss or theft of any or all of your User ID, or if you believe the confidentiality of any or all of your User ID has been compromised in any way, or in the event of your learning about a possible or actual unauthorized use of your User ID. Guggenheim reserves the right to suspend or terminate your access to the site at any time, without prior notice.

Guggenheim Partners, LLC Online Terms and Conditions Statement: Last updated July 2011




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