Ladenburg Thalmann & Co. Inc. (Ladenburg) is a member of the New York Stock
Exchange, Inc. and other principal exchanges and a registered U.S.
Broker-Dealer. Ladenburg uses National Financial Services
LLC, a wholly owned subsidiary of Fidelity
Investments, to
clear transactions for itself and its customers on a fully disclosed basis. By using this
site you agree to certain terms and conditions, which Ladenburg may modify. You
acknowledge that, except for insured Certificates of Deposit, investment and insurance
products referenced on this Site are not FDIC-insured, not bank-guaranteed and may lose
value. This Site is for informational purposes only and does not constitute an offer to
sell or a solicitation of an offer to purchase any security which may be referenced
herein. Offers can only be made where lawful under applicable law. Member
SIPC.
Detailed below are the terms and conditions of our website (the Site):
This Site is for informational purposes only, and is not an offer by Ladenburg Thalmann
& Co. Inc. (Ladenburg) to sell you any security referred to on the Site.
Any passwords and codes assigned to you are for your personal use only. You are
responsible if they are lost, stolen or misused, and you must notify us immediately if any
of these events happen.
You may not use the E-mail function to enter an order to buy or sell a security, to send
us time-sensitive instructions, or to give us personal credit information or an address
change.
This Site is for your personal use only and its contents are protected by applicable
copyright, patent and trademark laws.
Ladenburg is not agreeing to nor required to update any information available on the
Site. Therefore, that information may not reflect events occurring after the date of
publication.
Ladenburg is not responsible for any delays or errors in any information or services you
use on the Site or for systems performance or damages to your computer or software, as a
result of using the Site.
Ladenburg has taken certain steps to provide a secure environment for your personal
information on the Site. However, due to the nature of the Internet, Ladenburg cannot
guarantee the confidentiality of such information.
Ladenburg may discontinue or change, at any time, any of the services available through
Ladenburg.com. Ladenburg may cancel or amend the terms and conditions at any time.
Whether or not you actually read these Terms and Conditions, your continued use of this
Site will be deemed as acceptance of them.
WARRANTIES AND LIMITATION OF LIABILITY REGARDING THE SERVICES
THE ACCURACY, COMPLETENESS, SEQUENCE OR TIMELINESS OF THE INFORMATION ON THE SITE CANNOT
BE GUARANTEED. LADENBURG AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT HAVE ANY
RESPONSIBILITY FOR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES YOU MAY
INCUR FOR ANY RELIANCE BY YOU ON INFORMATION OR FOR THE RELIABILITY, ACCURACY,
COMPLETENESS, SEQUENCE OR TIMELINESS THEREOF, OR FOR ANY DELAYS OR ERRORS IN THE
TRANSMISSION OR DELIVERY OF ANY PART OF THE INFORMATION OR SERVICES, OR FOR ANY
UNAUTHORIZED USE BY YOU OF E-MAIL.
YOU UNDERSTAND THAT ANY QUOTATIONS PROVIDED AS PART OF THE SERVICES MAY BE DELAYED AND
MAY NOT REFLECT THE PRICES AT WHICH THE QUOTED SECURITIES MAY BE BOUGHT OR SOLD. YOU
SHOULD NOT MAKE ANY DECISIONS TO BUY OR SELL SECURITIES BASED ON SUCH QUOTATIONS OR ON ANY
OTHER INFORMATION ACCESSED ON OR THROUGH THE SITE. YOU UNDERSTAND THAT LADENBURG DOES NOT
GUARANTEE THAT IT WILL CONTINUE TO MAKE THE INFORMATION AND SERVICES AVAILABLE TO YOU,
WHETHER BY THE SAME METHODS CURRENTLY USED OR OTHERWISE. YOU AGREE NOT TO HOLD LADENBURG
LIABLE FOR ANY DAMAGES ARISING FROM A DISCONTINUATION OR MODIFICATION OF ALL OR PART OF
THE SERVICES OR INFORMATION.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, LADENBURG AND ITS AFFILIATES, AGENTS AND LICENSORS
HEREBY EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT
LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
ERROR-FREE AND UNINTERRUPTED SERVICES. LADENBURG DOES NOT WARRANTY, GUARANTY, OR MAKE ANY
REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, OR ASSUME ANY LIABILITY TO
YOU REGARDING (i) THE USE OR THE RESULTS OF THE USE OF THE SERVICES, INCLUDING WITHOUT
LIMITATION ANY FINANCIAL RESULTS BASED ON USE OF THE SERVICES OR INFORMATION OR ANY DELAY
OR LOSS OF USE OF THE SERVICES OR, (ii) SYSTEM PERFORMANCE AND EFFECTS ON OR DAMAGES TO
SOFTWARE AND HARDWARE IN CONNECTION WITH ANY USE OF THE SITE, SERVICES, AND INFORMATION.
IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, LADENBURG SHALL NOT BE LIABLE FOR ANY
HARM CAUSED BY THE TRANSMISSION, THROUGH THE SERVICES OR INFORMATION, OF A COMPUTER VIRUS,
OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, MODIFY, DELETE,
DAMAGE, CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR OTHERWISE IMPEDE IN ANY MANNER THE
OPERATION OF THE SERVICES OR ANY OF YOUR SOFTWARE, HARDWARE, DATE OR PROPERTY.
IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, LADENBURG MAKES NO REPRESENTATION AND
ASSUMES NO LIABILITY REGARDING THE QUALITY, SAFETY, ACCURACY, OR SUITABILITY OF ANY
INFORMATION OR SOFTWARE FOUND ON ANY OTHER SITE NOT UNDER LADENBURGS CONTROL.
LADENBURG AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE FOR ANY LOSSES OR
DAMAGES INCURRED BY YOU RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND INFORMATION.
EXCEPT AS OTHERWISE PROVIDED BY LAW, LADENBURG SHALL HAVE NO LIABILITY FOR LOSSES CAUSED
BY THE NEGLIGENCE, ACTIONS OR FAILURE TO ACT OF THE PROVIDER OR ANY THIRD PARTY PROVIDER,
AND TO THE EXTENT PERMITTED BY LAW, NEITHER LADENBURG NOR THE PROVIDER OR ANY THIRD PARTY
PROVIDER SHALL BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (REGARDLESS OF WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE), OR FOR ANY LOSS
THAT RESULTS FROM A CAUSE OVER WHICH LADENBURG OR ANY OTHER SUCH ENTITY DOES NOT HAVE
CONTROL, INCLUDING BUT NOT LIMITED TO FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT,
UNAUTHORIZED ACCESS, STRIKES, FAILURES OF COMMON CARRIER OR UTILITY SYSTEMS, SEVERE
WEATHER, OR OTHER CAUSES COMMONLY KNOWN AS ACTS OF GOD.
GOVERNING LAW. Except for statutes of limitation applicable to claims, all the
terms herein shall be governed by and construed in accordance with the laws of the State
of New York without giving effect to principles of conflicts of law. The statute of
limitation applicable to any claim shall be that which would be applied by the courts of
the state in which you reside.
MISCELLANEOUS.
These Terms and Conditions represent the complete and exclusive statement of the
understanding between you and Ladenburg regarding your rights to access and use the
Services and Information on the Site, and supersedes all prior and contemporaneous
agreements and representations regarding such subject matter. Except as herein provided,
no waiver, modification or amendment of any provision of these Terms and Conditions shall
be effective against Ladenburg unless the same is in writing and signed by an authorized
official of Ladenburg. Ladenburg may modify these terms and conditions at any time upon
written notice or posting to the Site. You agree that if you use the Services after such
notification of changes, you will be bound by all such changes. At the time of such
modification, you will have the opportunity to reject such modification, which rejection
shall constitute a termination of your rights to access and use the Site, Services and
Information. Should any term or provision of these Terms and Conditions be deemed or held
to be invalid or unenforceable, the remaining terms and provisions shall continue in full
force and effect.
Ladenburgs failure to insist at any time upon strict compliance with any term of
these Terms and Conditions or any delay or failure on Ladenburgs part to exercise
any power or right given to Ladenburg, or a continued course of such conduct on
Ladenburgs part shall at no time operate as a waiver of such power or right, nor
shall any single or partial exercise preclude any other future exercise. All rights and
remedies given to Ladenburg are cumulative and not exclusive of any other rights or
remedies which Ladenburg otherwise has at law or equity.
INDEMNIFICATION. You hereby indemnify and hold harmless Ladenburg (and its directors,
officers, employees, control persons, vendors, licensors and agents), the Provider and any
third party provider from and against any and all claims, losses, liabilities, damages,
costs and expenses (including reasonable attorneys fees and costs) arising out of or
related to your breach of your agreements, representations and warranties contained herein
or your use of the Services or Information (i) in violation of these Terms and Conditions,
(ii) in violation of any rights of Ladenburg, the Provider and any third party Information
provider, including copyright, patent, trade secret, trademark, or other intellectual
property rights and publicity and privacy rights, or (iii) in violation of any applicable
law, rule or regulation, or (iv) your failure to maintain the security of your User Codes
as applicable. This indemnification shall be binding upon you and your executors, heirs,
successors and assigns.