Terms of use and Disclaimer – swisspartners Advisors Ltd.

TERMS OF USE AND DISCLAIMER

NOTICE: By using this site, you agree to the following terms and conditions of use (“Terms”) and to be bound by them without limitation or qualification. swisspartners Advisors Ltd. (“swisspartners Advisors”) reserves the right to change, modify, add or remove portions of these Terms at anytime. You are bound by any such changes and should therefore periodically visit this page to view the then current Terms by which you are bound. Your continued use of this site constitutes agreement to all such changes. Nothing contained in this site constitutes investment, accounting, tax or legal advice or a recommendation to buy, or sell any security or other investment, management product or service or pursue any investment strategy. If you do not agree to these Terms, do not access this site.

Information Only – No Advice

swisspartners Advisors makes no warranties or representations as to the completeness, accuracy, timeliness or validity of this site. This site has been prepared solely for the purpose of providing information about swisspartners Advisors and the products and services it offers. The information contained herein was obtained from sources believed to be reliable. Although swisspartners Advisors uses reasonable efforts to include accurate and up to date information on this site, errors and omissions sometimes occur and this information may be incomplete, inaccurate and out of date. swisspartners Advisors makes no commitment and disclaims any duty to update or correct any information at this site. swisspartners Advisors is not liable for any action you may take or decision you may make in reliance on any information on this site. Such actions and decisions are your sole responsibility. Access to this site or transmission of information from this site does not create and receipt of such information does not constitute an agency or client relationship.

Although the site may include investment-related information, nothing on the site is a recommendation that you purchase, sell, subscribe or hold, or a solicitation of a purchase or sale of any security, futures, options, other financial instruments or other investment, that you pursue any investment style or strategy or buy any other product or service. swisspartners Advisors does not give any advice or make any representations through this site as to whether any security, investment, strategy, product or service is suitable to you or will be profitable. The information at this site does not take into consideration your specific investment objectives, financial situation or particular needs, or of any other particular person. Nothing on the site is intended to be, and you should not consider anything on the site to be, investment, accounting, tax or legal advice. If you would like investment, accounting, tax or legal advice, you should consult with your own financial advisors, accountants or attorneys regarding your individual circumstances and needs.

Past Performance

The past performance of any investment, investment strategy or investment style is not indicative of future performance. The value and income of any securities or financial instruments can go up as well as down. The market value of securities or financial instruments may be affected by changes in economic, financial or political factors, time to maturity, market conditions and volatility, or the credit quality of any issuer or reference issuer. Foreign currency rates may have a positive or adverse effect on the value, price or income of any security or related investment. Many factors may affect the value of a financial instrument, and accordingly, investors effectively assume all risk and some or all of the amount invested may be lost.

No Warranties

swisspartners Advisors disclaims all warranties with respect to the site and the information at the site that the law allows it to disclaim. The site, including all information, is provided “as is” and “as available”. swisspartners Advisors disclaims all representations and warranties, express or implied, of any kind with respect to the site and the information at the site including warranties of:

  • Merchantability,
  • Fitness for a particular purpose and
  • Non-infringement of intellectual property and proprietary rights.

Without limiting this general disclaimer, swisspartners Advisors does not warrant the availability, accuracy, completeness, timeliness, functionality, reliability, sequencing or speed of delivery of the site or the information at the site. swisspartners Advisors’ liability with respect to the site and the information at the site is limited to the maximum extent permitted by law. In no event will swisspartners Advisors or any of its affiliates, agents or employees be liable for any indirect, direct, incidental, special, punitive or consequential damages however caused arising out of the site, the information at the site, or the inability to use the site. Liability is limited even if swisspartners Advisors has been advised of the possibility of the damages that you suffer or if any remedy you have fails of its essential purpose. This disclaimer of liability applies but is not limited to any and all damages or injury, including those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorized access to, alteration of or use of any asset, whether for breach of contract, tortious behavior, negligence or under any other cause of action.

swisspartners Advisors does not guarantee continuous, uninterrupted or secure access to this site.

Restrictions on Use of Materials

Unless otherwise expressly noted, all information and materials, including but not limited to, images, illustrations, designs, icons, photographs, video clips, tools, data, products, services, and written and other materials that are part of this site are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by swisspartners Advisors, its affiliates and/or third parties. No material from this site may be copied, modified, reproduced, republished, uploaded, reposted, transmitted or distributed or otherwise commercially exploited in any way without the written consent of swisspartners Advisors. However, you may download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only, provided that you keep intact and properly display all copyright and other proprietary notices or legends contained on or printed from the site. You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of this site. swisspartners Advisors will not treat users of this site as its clients or agents by virtue of their accessing this site. You may not violate or attempt to violate the security of this site.

Jurisdictional Issues

This site is not directed to, or intended for distribution to or use by, any person or entity that is a citizen or resident of, or located in, any locality, state, country or other jurisdiction where such distribution, publication, availability or use would be contrary to law or regulation or which would subject swisspartners Advisors to any registration or other requirement within such jurisdiction or country. Unless otherwise specified, the materials in or accessible through this site are directed at residents of the United States, its territories, possessions, and protectorates. swisspartners Advisors makes no representation that materials in or accessible through this site are appropriate or available for use in other locations or that access to them where their content is located is not illegal or prohibited. Those who choose to access this site from other locations do so on their own initiatives and are responsible for establishing the legality, usability and correctness of any information or materials under any or all jurisdictions and the compliance of that information or materials with local laws, if and to the extent local laws are applicable. swisspartners Advisors reserves the right to limit access to this site to any person, geographic region or jurisdiction.

Links to Other Sites and Services

If you access any third party site through this site or otherwise, you do so at your own risk. Any links from or to other sites are provided merely for the convenience of the users of this site and the inclusion of these links does not imply an affiliation, endorsement, representation, approval or warranty by swisspartners Advisors with respect to any such linked sites or the content, products or services contained or accessible through, or the operators of, such sites. swisspartners Advisors does not review or monitor any sites linked from and to this site. Accordingly, swisspartners Advisors cannot be held responsible for the information, materials, products or services obtained on or from such other sites, nor will swisspartners Advisors be liable in any respect whatsoever for any damages arising from your access to such sites.

Waiver

No waiver by swisspartners Advisors of any right under or term or provision of these Terms will be deemed a waiver of any other right, term, or provision of these Terms at that time or a waiver of that or any other right, term or provision of these Terms at any other time.

Forward-Looking Statements

This site may contain forward-looking statements that reflect swisspartners Advisors’ current views with respect to, among other things, future events and financial performance. Any forward-looking statements contained on this site are based upon our historical performance and on our current plans, estimates and expectations. The inclusion of this forward-looking information should not be regarded as a representation by swisspartners Advisors or any other person that the future plans, estimates or expectations contemplated by swisspartners Advisors will be achieved. Such forward-looking statements are subject to various risks and uncertainties and assumptions relating to our operations, financial results, financial condition, business prospects, growth strategy and liquidity. International investments are subject to additional risks such as currency fluctuations, political instability and the potential for illiquid markets. If one or more of these or other risks or uncertainties materialize, or if the underlying assumptions prove to be incorrect, the actual results may vary materially from those indicated in these statements. These factors should not be construed as exhaustive. swisspartners Advisors does not undertake any obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.

Choice of Law and Consent to Jurisdiction

These terms and your use of this site shall be governed by Swiss law without regard to its conflicts of laws principles. Any legal action or proceeding related to this site shall be brought exclusively in a court of competent jurisdiction sitting in Zurich, Switzerland.

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The Terms constitutes the entire agreement between swisspartners Advisors and you with respect to this site and it supersedes all prior or contemporaneous communications, agreements and understandings between swisspartners Advisors and you with respect to the subject matter thereof.

Online Privacy Policy

This privacy statement describes how swisspartners Advisors Ltd. (“swisspartners Advisors”) uses and protects personal information it collects from individuals who use this site. Material changes to this privacy policy will be posted here. Your continued use of this site after any changes are posted will be considered acceptance of those changes.

In order to see our Privacy Notice please click here.

Your Personal Information

swisspartners Advisors generally records certain usage information, such as the number and frequency of visitors to this site. This information may include the sites that you access immediately before and after your visit to this site, the internet browser you are using, and your IP address. If swisspartners Advisors uses such data at all, it will be on an aggregate basis, and swisspartners Advisors will not disclose to third parties any information that could be used to identify you personally.

In order to obtain access to certain services provided via this site and request certain information regarding swisspartners Advisors via this site, you may be required to provide personally identifiable information such as your name, postal address, e-mail address, telephone number, facsimile number and investor status. You can choose not to provide this information, but then you might not be able to gain access to such information and services.

Security

swisspartners Advisors shall exercise commercially reasonable efforts to maintain the confidentiality of all information provided in connection with your use of this site. However, swisspartners Advisors cannot guarantee the security of your personally identifiable information.

Use of Personal Information

We do not release any personally identifiable information about you to advertisers or other third parties. However, we may at times disclose such information to our employees, representatives, officers, agents or affiliates, as well as any governmental entity, in the conduct of our business, to comply with applicable rules, orders, subpoenas or other legal processes, or in order to provide information to any government agent or official requesting such information, or as otherwise permitted by law. The personal information we collect from you on this site may be protected by other laws and regulations governing privacy not described in this privacy statement.

We may use personally identifiable information we collect about you when you visit and browse our site in many ways. Although we do not sell your personal information to third parties, we may use or share certain personally identifiable information we collect about you when you visit and browse our site as part of our normal business operations (such as fulfilling your requests for information), or to send you administrative communications about your interactions with us or about features of our site.

Sometimes we hire companies to help deliver products or services and there is a need to share your information with that company. Sometimes we also work with other companies who help either gather your information or communicate with you. Except as separately permitted by the guidelines of this Online Privacy Policy, these companies are allowed to gather, receive, and use your information only for the purposes described in this paragraph or as required by law.

Finally, we will disclose personal information when we believe in good faith that such disclosures (a) are required or permitted by law, including, for example, to comply with a court order, subpoena, investigation or similar proceeding or (b) will help to enforce our Terms of Use and (c) protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liabilities.

Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. («Google»). 
Google Analytics uses «cookies», which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States. On behalf of the website provider Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to the website provider. 
Google will not associate your IP address with any other data held by Google. 
You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this website.

Third-Party Sites

This site may link to other Internet sites controlled by third parties not affiliated with swisspartners Advisors. These sites may have privacy statements that differ from this privacy statement. You should review the privacy statement of any third party site you access from this site. Please be aware that swisspartners Advisors is not responsible for the security, content or privacy policies of such other sites.

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