DISCLAIMER OF WARRANTY
All information on this Website is provided “AS IS” without warranty of any kind. SANDERS MORRIS HARRIS LLC makes no presentations, guarantees or warranties, either express or implied, as to the accuracy, completeness or timeliness of the information contained on this Website and expressly disclaims any warranties of merchantability or fitness for a particular purpose and disclaims any obligation to update or correct any information contained in this Website that may become inaccurate or dated.
LIMITATION OF LIABILITY
By accessing this Website, you assume all of the risk associated with using it. SANDERS MORRIS HARRIS LLC is not liable for any losses or harm to you and/or any third parties as a result of visiting this Website and/or the use of information obtained on this site, including but not limited to, personal or business financial losses, damage to computer hardware, software, or destruction of data due to a virus. In no event will SANDERS MORRIS HARRIS LLC, its affiliates, officers, directors, employees, agents, contractors, suppliers, licensors or successors be liable to you for damages of any kind, including, but not limited to, direct, special, indirect, consequential, or incidental damages arising from your use of this Website even if you notify SANDERS MORRIS HARRIS LLC of such possibility.
When using this site, you agree not to use E-mail to send messages to SANDERS MORRIS HARRIS LLC giving instructions about your account, including, but not limited to, any order to buy or sell any security, contract or financial instrument of any kind, to transfer funds or to transmit any other time-sensitive instructions. SANDERS MORRIS HARRIS LLC will not be liable for any act or failure to act based on an E-mail message that you have sent to SANDERS MORRIS HARRIS LLC You agree to assume sole responsibility for any action taken in good faith by SANDERS MORRIS HARRIS LLC based upon any E-mail message received by SANDERS MORRIS HARRIS LLC from you. WARNING: All E-mail sent to or from this Website address will be received or otherwise recorded by the SANDERS MORRIS HARRIS LLC corporate E-mail system and is subject to archival, monitoring or review by, and/or disclosure to, someone other than the recipient.
SANDERS MORRIS HARRIS LLC may from time-to-time provide “hypertext links” and/or “hyperlinks” on its website for your convenience but it has not reviewed these linked sites for accuracy of contents and makes no warranty nor assumes any responsibility for the content or use of a linked site. Your use of a linked site is at your own peril, and SANDERS MORRIS HARRIS LLC assumes no responsibility or liability for any losses or adverse consequences resulting from your and/or a third party’s use of a linked site.
LIMITATION TO U.S. RESIDENTS
This Website is intended for use by residents of the United States only. Investors outside of the United States are governed by different regulations and laws that have not been included in this site. Therefore, SANDERS MORRIS HARRIS LLC may request proof of citizenship from persons accessing this site.
The information contained on this Website is protected by a copyright. If you download any information from this site, you agree that you will not copy it or re-distribute it to any other person or persons or remove or conceal the copyright on such information.
Additionally, The Dow Jones Indexes (sm), to the extent available on this site, are compiled, calculated and distributed by Dow Jones & Company, Inc. and have been licensed for use. All content of The Dow Jones Indexes (sm) is owned and copyrighted by Dow Jones & Company, Inc.
TRADEMARK/SERVICE MARK NOTICES
Sanders Morris, Sanders Morris Harris and Investment in Common are registered trademarks/service marks or protected intellectual property of SANDERS MORRIS HARRIS LLC or its affiliates.
Other brand and product names which appear on this site are the trademarks/service marks of their respective owners:
NYSE is a registered trademark of the New York Stock Exchange.
DOW JONES is a service mark of Dow Jones & Company, Inc.
SIPC is a registered trademark of the Securities Investor Protection Corporation.
VISA is a registered trademark of VISA International.
Microsoft VB Script, Windows, Microsoft SQL and Microsoft are registered service/trademarks of Microsoft Corporation.
FINRA, CRD, BrokerCheck, ADF, PROCTOR and FINRA Investor Education Foundation are registered service/trademarks of FINRA. FINRA, FINRA Investor Education Foundation, IARD, TRACE, CRCP, TRF, Trade Reporting Facility, OTC, OTCBB and Over-the-counter are service/trademarks of FINRA.
FINRA is a trademark of the Financial Industry Regulatory Authority, Inc.
Adobe and Acrobat Reader are registered trademarks of Adobe Systems Inc.
IPIX is a registered Service/Trademark of Interactive Pictures Corp.
All other trademarks/service marks cited here are the property of their respective owners and may not be used without written permission. Featured logos are service/trademarks of their respective owners and may not be used without written permission.
Participation by Issuers/ Conduit Borrowers in Municipal Auction Rate Securities
Certain Municipal Issuers or Conduit Borrowers have determined to participate in the auction of their own auction rate securities pursuant to recent guidance from the U.S. Securities & Exchange Commission. These Issuers/Conduit Borrowers are required to provide a notice of their intent to participate in the auction and the interest rate and amounts that they will bid for and certain other detailed bidding information. The Issuer/Conduit Borrower’s interests are different from any other bondholder in that they want the lowest possible interest rate. This information will be available to you atwww.dacbond.com.
By accessing the SANDERS MORRIS HARRIS LLC Website, you agree to the following additional terms and conditions:
1) SERVICES PROVIDED
SANDERS MORRIS HARRIS LLC provides electronic access to certain services and information (“Services”) to you through its website. The Services include, but are not necessarily limited to, the provision of information (“Information”) through the Site. SANDERS MORRIS HARRIS LLC may cancel or change the Services or registration requirements at any time upon printed or electronic notice to you. Your use of the Services following the posting or notice of any changes will constitute acceptance of any such changes.
2) USE CODES
As part of the registration process, you may be asked to select a user name and password. The user name and password are for your personal use only. You shall at all times maintain the confidentiality of the user name and password and shall not disclose them to any third party. You shall be fully responsible for all statements made and acts or omissions that occur while your user name and password are being used. SANDERS MORRIS HARRIS LLC shall not be responsible for any breach of security caused by your failure to maintain the confidentiality of the user name or password. You shall notify your Registered Representative at SANDERS MORRIS HARRIS LLC immediately in the event of loss, theft, disclosure or unauthorized use of your user name or password. SANDERS MORRIS HARRIS LLC may terminate your access to the Services in connection with unauthorized use of your user name or password or at any time without prior notice.
You acknowledge and consent to the tape recording or any form of electronic recording by SANDERS MORRIS HARRIS LLC for its uses and purposes of any communication, information or data used or input in connection with your use of the Services, whether electronic or otherwise.
4) ELECTRONIC COMMUNICATION
If you communicate electronically by sending an E-mail message to SANDERS MORRIS HARRIS LLC, you shall not use E-mail for the transmission of orders to purchase or sell a security or to transfer funds or securities, or to transmit any personal credit information (including credit card numbers), to give notice of a change of address, or to give any time-sensitive instruction or any instruction affecting any account(s) at SANDERS MORRIS HARRIS LLC SANDERS MORRIS HARRIS LLC shall have no liability for any actions taken or any omissions to act as a result of any E-mail message sent to SANDERS MORRIS HARRIS LLC.
5) PROPERTY RIGHTS IN INFORMATION AND SERVICES; SUITABILITY AND COMPLIANCE WITH LAW
a) The Services and any Information associated with the Services are for personal, non-commercial use only. You may download the Information to your computer or other electronic data processing equipment and print out a hard copy for personal reference and use by you only. You shall never remove any copyright or other notices contained on any such Information.
b) You acknowledge that the Services and the Information are the property of SANDERS MORRIS HARRIS LLC or of third-parties that have supplied or licensed information to SANDERS MORRIS HARRIS LLC and are protected by applicable copyright, patent, trademark or other intellectual property law. Except as expressly authorized herein, you shall not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate, or commercially exploit any of such Information or any of the Services provided in any manner (including electronic, print or other media now known or hereafter developed) without the prior written consent of SANDERS MORRIS HARRIS LLC You shall not use the Information or Services for any unlawful purpose. You shall comply with any request made by SANDERS MORRIS HARRIS LLC for the purpose of protecting rights in the Information and Services.
c) Although the Information includes material about the investment process generally as well as research commentary relating to specific securities, SANDERS MORRIS HARRIS LLC does not intend to provide investment advice through the Site, does not represent that any such securities are suitable for you or for any particular person and does not through this Site recommend the purchase, sale or holding of any securities mentioned in the Information. Any rating assigned by SANDERS MORRIS HARRIS LLC to any security represents SANDERS MORRIS HARRIS LLC’s analysis as of the date of the rating assignment of the likely future performance of the security, and does not constitute a recommendation or guaranty of any kind regarding the actual subsequent market performance of such security. You shall make an independent evaluation of the investment merits and suitability of any such securities for your particular situation. Such Information shall not be deemed to be a solicitation of a transaction by SANDERS MORRIS HARRIS LLC or any other person.
The research analyses included in the Information contained on the Site reflects the authors’ analyses as of the date written. The accuracy, completeness or timeliness of any Information contained on the site cannot be guaranteed and is subject to change. Further, the price for any security contained in any section of the Site may differ from the then-current price for that security. SANDERS MORRIS HARRIS LLC shall have no obligation to update the Information to reflect circumstances that may occur after the earlier of the date first appearing on the Site or the date contained on the Information. Neither the Services nor any of the Information is intended to be used as tax or legal advice. You shall consult with your tax and legal advisors for such advice and shall not rely on any Information at the Site.
d) In the event any of the Services or any links included on the Site provide access to any World Wide Web site or Internet location or provide information obtained from any company, organization or person other than SANDERS MORRIS HARRIS LLC, or any access to any other Internet location, you acknowledge and agree that SANDERS MORRIS HARRIS LLC shall not be responsible for any such information or for any information found in or at any such World Wide Web site or Internet location or source of information, or for your use of such information. Such information and links, if any, are provided only as a convenience and not as a result of any endorsement of the site or its contents by SANDERS MORRIS HARRIS LLC There are inherent risks in the use of any software or information found on the Internet, all of which risks are assumed fully by you by making any use of the Services.
e) Transmission or use of any material in violation of this Agreement, or any applicable law, rule or regulation (whether of the United States or other countries), or the rights of any third party is prohibited. This includes, but is not limited to, copyrighted material, material which is defamatory, threatening, obscene, lewd or indecent, material protected by trademark, trade secret or patent laws, or material that results in an invasion of privacy.
6) WARRANTIES AND LIMITATION OF LIABILITY REGARDING THE SERVICES
a) THE ACCURACY, COMPLETENESS, SEQUENCE OR TIMELINESS OF THE INFORMATION CANNOT BE GUARANTEED. SANDERS MORRIS HARRIS LLC AND ITS AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS 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 CONTAINED IN THE SANDERS MORRIS HARRIS LLC SITE OR FOR THE RELIABILITY, ACCURACY, COMPLETENESS, SEQUENCE OR TIMELINESS THEREOF, OR FOR ANY DELAYS OR ERRORS IN SUCH INFORMATION OR IN THE TRANSMISSION OR DELIVERY OF ANY PART OF THE INFORMATION OR SERVICES, OR FOR ANY UNAUTHORIZED USE OF E-MAIL OR ANY OTHER SERVICES.
b) ANY SECURITIES PRICE 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 AT THAT TIME. NO DECISIONS TO BUY OR SELL SECURITIES SHOULD BE MADE BASED ON SUCH QUOTATIONS OR ON ANY OTHER INFORMATION ACCESSED ON OR THROUGH THE SITE. SANDERS MORRIS HARRIS LLC MAY MODIFY OR DISCONTINUE THE AVAILABILITY OF THE SERVICES TO ANY PERSON AT ANY TIME. YOU AGREE NOT TO ASSERT ANY CLAIM AGAINST SANDERS MORRIS HARRIS LLC OR ANY OF ITS AFFILIATES, CONTRACTORS, SUPPLIERS OR LICENSORS FOR ANY DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FROM ANY DISCONTINUATION OR MODIFICATION OF ALL OR PART OF THE SERVICES OR INFORMATION.
c) EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SANDERS MORRIS HARRIS LLC AND ITS AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS AND LICENSORS PROVIDE THE INFORMATION “AS IS” AND 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. NEITHER SANDERS MORRIS HARRIS LLC NOR ITS AGENTS, CONTRACTORS, SUPPLIERS OR LICENSORS MAKES ANY DOES NOT WARRANTY, GUARANTY, OR MAKE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, OR ASSUMES ANY LIABILITY WHATSOEVER 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.
d) IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT SANDERS MORRIS HARRIS LLC 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 SOFTWARE, HARDWARE, DATA OR PROPERTY OF YOURS OR ANY OTHER PERSON.
e) IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, SANDERS MORRIS HARRIS LLC MAKES NO REPRESENTATION OR WARRANTY AND ASSUMES NO LIABILITY REGARDING THE QUALITY, SAFETY, ACCURACY, OR SUITABILITY OF ANY INFORMATION OR SOFTWARE FOUND ON ANY WORLD WIDE WEB OR INTERNET SITE NOT UNDER SANDERS MORRIS HARRIS LLC’S CONTROL, INCLUDING, BUT NOT LIMITED TO, ANY SITE THAT MAY BE ACCESSED THROUGH A LINK AVAILABLE ON THE SANDERS MORRIS HARRIS LLC SITE.
f) SANDERS MORRIS HARRIS LLC AND ITS AFFILIATES, AGENTS, SUPPLIERS, CONTRACTORS AND LICENSORS SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES INCURRED BY YOU OR BY ANY PERSON UTILIZING YOUR USER NAME AND PASSWORD RELATED IN ANY WAY TO USE OF THE SERVICES AND INFORMATION OR FOR LOSSES CAUSED BY THE NEGLIGENCE, ACTIONS OR FAILURE TO ACT OF ANY THIRD PERSON OR 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 SANDERS MORRIS HARRIS LLC 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 BEYOND THEIR SANDERS MORRIS HARRIS LLC’S CONTROL.
You acknowledge that information created, input or developed in connection with the use of the Services can be accessed through the Internet and that there can be no assurance that such information, any Information provided through the Services, or any communication through E-mail will remain secure. SANDERS MORRIS HARRIS LLC may disclose such information to its employees, representatives, officers, agents, contractors and affiliates, as well as governmental entities (a) for any purpose related to the conduct of SANDERS MORRIS HARRIS LLC’s business or to the offering, providing or maintaining of the Services, (b) to comply with applicable rules, orders, subpoenas or other legal process, or in order to give information to any regulatory authority, government agency or official requesting such information, or (c) for any other legitimate business purpose.
8) GOVERNING LAW
This Agreement and all the terms herein shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to principles of conflicts of law.
Resale and/or any commercial redistribution of the Services or Information is not permitted. Your rights and obligations under this Agreement may not be assigned without the prior written permission of SANDERS MORRIS HARRIS LLC.
SANDERS MORRIS HARRIS LLC may modify this Agreement at any time upon written notice or posting to the Site. If you use the Services (or any of them) after such notification of changes in the Agreement, you shall be bound by all such changes. Should any term or provision of this Agreement be deemed or held to be invalid or unenforceable, the remaining terms and provisions shall continue in full force and effect.
SANDERS MORRIS HARRIS LLC’s failure to insist at any time upon strict compliance with any term of this Agreement, or any delay or failure on SANDERS MORRIS HARRIS LLC’s part to exercise any power or right given to SANDERS MORRIS HARRIS LLC in this Agreement, or a continued course of such conduct on SANDERS MORRIS HARRIS LLC’s part, or any combination of the foregoing 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 of SANDERS MORRIS HARRIS LLC in this Agreement are cumulative and not exclusive of any other rights or remedies which SANDERS MORRIS HARRIS LLC otherwise has at law or equity.
You hereby agree to indemnify and hold harmless SANDERS MORRIS HARRIS LLC and all of its directors, officers, employees, control persons, vendors, contractors, suppliers, licensors and agents from and against any and all claims, losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees and costs) arising out of or related to your breach of agreements, representations and warranties contained in this Agreement or the use of the Services or Information under your user name or password (i) in violation of this Agreement, (ii) in violation of any rights of SANDERS MORRIS HARRIS LLC or any other person indemnified hereunder, including (but not limited to) 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) in violation of your agreement to maintain the security of your user name and password in accordance with the Agreement. This indemnification shall be binding upon you and your executors, heirs, successors and assigns.
10) LINKED SITES
You may access additional information through the accompanying links, subject to these conditions: Such information was not prepared by SANDERS MORRIS HARRIS LLC and is not subject to the control of SANDERS MORRIS HARRIS LLC SANDERS MORRIS HARRIS LLC shall have no liability for any loss or damage resulting in any manner from such information or from any access to, or use of, such information, whether as to its accuracy, timeliness, currency, sequence, display, usefulness, completeness, suitability for any purpose or otherwise, including (but not limited to) any losses arising from any investment transaction made on the basis of any such information.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
Quicken is a registered trademark of Intuit Inc., which is not associated or related to SANDERS MORRIS HARRIS LLC Sanders Morris is making this service available as a convenience to you. It is not your official account statement or tax reporting document. For those purposes, please refer to your statements and tax forms that are mailed to you from us.
All information downloaded from our site is provided “AS IS” without warranty of any kind. SANDERS MORRIS HARRIS LLC makes no representations, guarantees or warranties, either express or implied, as to the accuracy, completeness or timeliness of the information and expressly disclaims any warranties of merchantability or fitness for a particular purpose and disclaims any obligation to update or correct any information that may become inaccurate or dated.
By downloading this information, you assume all of the risk associated with using it. SANDERS MORRIS HARRIS LLC is not liable for any losses or harm to you and/or any third parties as a result of use of information downloaded including but not limited to, personal or business financial losses, damage to computer hardware, software, or destruction of data due to a virus. In no event will SANDERS MORRIS HARRIS LLC, its affiliates, officers, directors, employees, agents, contractors, suppliers, licensors or successors be liable to you for damages of any kind, including, but not limited to, direct, special, indirect, consequential, or incidental damages arising from your use of this information even if you notify SANDERS MORRIS HARRIS LLC of such possibility.
SANDERS MORRIS HARRIS LLC (“Sanders Morris”) is furnishing this document to you to provide some basic facts about purchasing securities on margin, and to alert you to the risks involved with trading securities in a margin account. Before trading stocks in a margin account, you should carefully review the margin agreement provided by Sanders Morris. Contact your financial consultant regarding any questions or concerns you may have with your margin account(s).
When you purchase securities, you may pay for the securities in full or you may borrow part of the purchase price from Sanders Morris if permitted by laws, regulations and Sanders Morris. If you choose to borrow funds, you will open a margin account with Sanders Morris. The securities purchased are Sanders Morris’ collateral for the loan to you. If the securities in your account decline in value, so does the value of the collateral supporting your loan, and, as a result, Sanders Morris or its clearance agent can take action, such as issue a margin call and/or sell securities or other assets in any of your accounts held with Sanders Morris’ clearance agent, in order to maintain the required equity in the account.
It is important that you fully understand the risks involved in trading securities on margin. These risks include the following:
You can lose more funds than you deposit in a margin account. A decline in the value of securities that are purchased on margin may require you to provide additional funds to Sanders Morris to avoid the forced sale of those securities or other securities or assets in your account(s).
Sanders Morris or its clearance agent can force the sale of securities or other assets in your account(s). If the equity in your account falls below the maintenance margin requirements or Sanders Morris’ higher “house” requirements, Sanders Morris can sell the securities or other assets in any of your accounts held at Sanders Morris to cover the margin deficiency. You also will be responsible for any short fall in the account after such sale.
Sanders Morris or its clearance agent can sell your securities or other assets without contacting you. Some investors mistakenly believe that Sanders Morris must contact them for a margin call to be valid, and that Sanders Morris cannot liquidate securities or other assets in their accounts to meet the call unless Sanders Morris has contacted them first. This is not the case. Sanders Morris will attempt to notify its customers of margin calls, but we are not required to do so. However, even if Sanders Morris has contacted a customer and provided a specific date by which the customer can meet a margin call, Sanders Morris can still take necessary steps to protect its financial interests, including immediately selling the securities without notice to the customer.
You are not entitled to choose which securities or other assets in your account(s) are liquidated or sold to meet a margin call. Because the securities are collateral for the margin loan, Sanders Morris or its clearance agent has the right to decide which security to sell in order to protect its interests.
Sanders Morris can increase its “house” maintenance margin requirements at any time and is not required to provide you advance written notice. These changes in Sanders Morris’ policy often take effect immediately and may result in the issuance of a maintenance margin call. Your failure to satisfy the call may cause Sanders Morris to liquidate or sell securities in your account(s).
You are not entitled to an extension of time on a margin call. While an extension of time to meet margin requirements may be available to customers under certain conditions, a customer does not have a right to the extension.