Terms and Conditions
Effective June 30, 2021
Fairview Capital is a U.S. federally registered investment adviser. Fairview Capital may only transact business or render personalized investment advice in those states and international jurisdictions where Fairview Capital is registered, has filed notice, or is otherwise excluded or exempted from notice or registration requirements. The purpose of the Site is for information only. Any communications with prospective clients residing in states or international jurisdictions where Fairview Capital is not registered or licensed shall be limited so as to not trigger registration or licensing requirements. Nothing on the Site should be construed as investment advice, which can be provided only in one-on-one communications.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
NO SECURITIES OFFERING OR INVESTMENT ADVICE
The information on the Site is intended to enable investors to understand the nature of Fairview Capital’s investment advisory services. It is not intended as and does not constitute investment advice or legal or tax advice or an offer to sell any securities to any person or a solicitation of any person of any offer to purchase any securities. Investment management services are offered only pursuant to a written investment management agreement, which investors are urged to carefully read and consider in determining whether such agreement is suitable for their individual needs and circumstances. The information made available on the Site should not be construed as Fairview Capital’s endorsement, recommendation or sponsorship of any company or security. There are inherent risks in relying on, using or retrieving any information found on the Site, and Fairview Capital urges you to make sure you understand these risks before relying on, using or retrieving any information on the Site. You should evaluate the information made available through the Site, and you should seek the advice of professionals, as appropriate, to evaluate any opinion, advice, product, service or other information. You agree that Fairview Capital is not liable for any action you take or decision you make in reliance on any information on the Site.
Fairview Capital’s services are designed to integrate with the services provided by our clients’ other financial, legal and tax advisers, not to replace their services. Fairview Capital advises our clients from time to time on non-investment related matters, but clients must rely on their other professional advisers for final approval and/or implementation of non-investment matters.
You acknowledge that any requests for information are unsolicited and any information provided shall neither constitute nor be construed as investment advice by Fairview Capital to you or constitute the formation of an investment advisory relationship, or any other client relationship, between you and Fairview Capital. It is strongly recommended that you seek outside advice from a qualified securities professional. Fairview Capital does not guarantee the suitability or potential value of any particular investment or information source. Fairview Capital may invest or otherwise hold an interest in companies or securities that may be discussed on the Site.
As a condition to your use of the Site, you represent and warrant to, and agree with Fairview Capital that, all of the information that you provide is truthful, accurate and complete.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. DUE TO VARIOUS FACTORS, INCLUDING THE INHERENT POSSIBILITY OF HUMAN AND MECHANICAL ERROR, THE ACCURACY, COMPLETENESS, TIMELINESS AND CORRECT SEQUENCING OF SUCH INFORMATION, SOFTWARE AND SERVICES AND THE RESULTS OBTAINED FROM THEIR USE ARE NOT GUARANTEED BY FAIRVIEW CAPITAL OR ANY PERSONS CREATING OR TRANSMITTING SUCH INFORMATION, SOFTWARE AND SERVICES.
FAIRVIEW CAPITAL OR OUR SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES IN THE CONTENT AND OPERATION OF THE SITE AT ANY TIME WITHOUT NOTICE. THE SITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS OR OTHER REASONS.
FAIRVIEW CAPITAL AND EACH OF OUR SUPPLIERS MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. FAIRVIEW CAPITAL AND EACH OF OUR SUPPLIERS DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THIS EXCLUSION MAY NOT APPLY TO YOU.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR ANY OTHER DAMAGE OR LOSS THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT FROM THE SITE. NONE OF FAIRVIEW CAPITAL OR ANY OF OUR SUPPLIERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OF OR ACCESS TO THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF FAIRVIEW CAPITAL OR ANY OF OUR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THIS LIMITATION MAY NOT APPLY TO YOU.
OWNERSHIP OF CONTENT
NO UNLAWFUL OR PROHIBITED USE
REFERENCES TO PUBLICATIONS AND OTHER COMPANIES
References to any publication or any other company in the Site are for reference and informational purposes only and are not intended to suggest that any of such companies endorse, recommend or approve of the services, analysis or recommendations of Fairview Capital or that Fairview Capital endorses, recommends or approves the services or products of such companies. News stories reflect only the author’s opinion and not necessarily that of Fairview Capital.
LINKS TO THIRD PARTY WEBSITES
The Site may contain hyperlinks to websites operated by parties other than Fairview Capital, which may not have been screened or reviewed by Fairview Capital and which may contain inaccurate, inappropriate or offensive material, products or services. Fairview Capital does not control such websites, and Fairview Capital assumes no responsibility or liability with regard to the accuracy, reliability, legality or decency of such third-party websites, content, products or services. Such hyperlinks are provided for your convenience only. Fairview Capital’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
MODIFICATION AND MONITORING OF WEBSITE
TERMINATION AND CANCELLATION
Fairview Capital reserves the right to modify or terminate the Site and to terminate your access to the Site, without notice at any time and for any reason.
JURISDICTIONAL ISSUES AND APPLICABLE LAW
Unless otherwise specified, Fairview Capital controls and operates the Site from our offices in the State of California, United States of America.
Fairview Capital does not claim that materials in the Site are appropriate or available for use in locations other than California. If you choose to access the Site from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.
Software from the Site is further subject to United States export controls. Software from the Site may not be downloaded or otherwise exported or re-exported outside the United States. By downloading or using such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory outside of the United States.