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Important Legal Information
Before investing in any fund, consider the fund’s investment objectives,
risks, charges and expenses, as disclosed in the fund’s prospectus or
offering memorandum, and use the services of a registered investment broker.
Read the offering documents carefully.
TERMS OF USE
The Terms of Use were last modified in September 2007.
Read Before Continuing – Your Acceptance of Terms of Use
Brookshire is pleased to provide you with the products, services, content,
tools, and information on this website (the "Website”). Your use
of the Website is subject to the following Terms of Use ("Terms").
These Terms are a binding contract between you and Brookshire Raw Materials
Management, LLC ("Brookshire"). By using or accessing the Website,
you accept and agree to be bound by these Terms. Your use of the Website is
governed by the version of the Terms in effect on the date the Website is accessed
by you. Brookshire may modify these Terms at any time and without prior notice.
You should review the most current version of this document by visiting this
Website and clicking on the “Terms of Use” hyperlink located at
the bottom of the page. These Terms are in addition to any other agreements
in writing between you and Brookshire, including any customer or account agreements,
and any other agreements that govern your use of products, services, content,
tools, and information available on the Website.
Use of Website
The Website is intended only for your personal, non-commercial use, unless
you and Brookshire have agreed otherwise in writing.
This Site is for U.S. Residents Only
The Website is intended to be made available only to United States residents,
and the information on the Website is only for such persons. Nothing on the
Website shall be considered a solicitation to buy or an offer to sell a security,
or any other product or service in the U.S. or elsewhere.
No Investment Recommendations or Personal Advice
The Website is not intended to provide investment, tax or legal advice. Unless
otherwise specified, you are solely responsible for determining whether any
investment, security or strategy, or any other product or service, is appropriate
or suitable for you based on your investment objectives and personal and financial
situation. You should consult an attorney, a tax professional and a registered
investment broker regarding your specific investment, tax and legal situation.
Disclosure Document
For more information on any of our funds offered in your State, contact your
broker and download a prospectus or private placement memorandum (“Disclosure
Document”) which contains important information about the fund's investment
goals, sales charges, expenses and risk considerations. Please read the Disclosure
Document carefully and review it with your professional advisers before you
invest.
Fund Performance
Investment return and principal value for our Funds will fluctuate with market
conditions, and you may have a gain or loss when you sell your units. Past
performance does not guarantee future results. Mutual funds,
annuities and other investment products are not FDIC insured; are not deposits
or obligations of, or guaranteed by, any financial institution; and are subject
to risks, including possible loss of the principal amount invested.
Investment Risks
All investment funds are subject to certain risks. Generally, investments offering
potential for higher returns are accompanied by a higher degree of risk.
The specific investment risks that each particular fund may be subject to are
discussed in each fund's Disclosure Document.
Copyright Policy and Claims Procedure
We reserve the right to remove from our Site, any content that is alleged to
infringe someone's copyright. If you reasonably believe that your copyrighted
work is accessible on this Site in a way that constitutes copyright infringement,
please contact us and provide Brookshire with the following information:
1) A physical or electronic signature of a person authorized to act on behalf
of the owner of the copyright allegedly infringed; 2) A description of the
copyrighted work that you claim has been infringed, or, if multiple copyrighted
works are the subject of a single notice, a representative list of such works;
3) Identification of the allegedly infringing material, and a description
of where that material is located on the Website; 4) A statement by you,
made under penalty of perjury, that: i) you in good faith belief that use
of the disputed material in the manner complained of is not authorized by
the copyright owner, its agent, or the law; and ii) that the information
you provide in your notice is accurate and that you are the owner of the
allegedly infringed copyright, or that you are authorized to act on behalf
of the copyright owner; 5) Your address, telephone number, and email address;
Brookshire Linking and Logo Use Policies
Use of Brookshire logos or creating hyperlinks to our website is prohibited
unless authorized by us in writing. Further, unless you and Brookshire have
expressly agreed in writing otherwise, links from another web site to a Website
must resolve to the top-level homepage of this Website. In order to avoid
confusion if you do link from another web site to a Brookshire top-level
homepage, your web site, and the link itself, may not suggest that Brookshire
endorses, sponsors or is affiliated with any non-Brookshire web site, entity,
service or product, and may not make use of any Brookshire trademarks or
service marks other than those contained within the text of the link.
Timeliness of Content
All content on the Website is presented only as of the date published or indicated,
and may be superseded by subsequent market events or for other reasons. In
addition, you are responsible for setting the cache settings on your browser
to ensure you are receiving the most recent data.
Third Party Content and Sites
The Website include general news and information, commentary, interactive
tools, quotes, research reports and data concerning the financial markets,
securities and other subjects. Some of this content is supplied by persons,
companies or other third parties that are not affiliated with Brookshire ("Third
Party Content"). Third Party Content is available through framed areas
or through hyperlinks to third party web sites, and its source is clearly and
prominently identified.
Although Third Party Content may be framed-in on the Website or available
through a link to a third-party site, Brookshire does not prepare, edit, or
endorse Third Party Content. Use of Third Party Content is made
at your own risk.
Disclaimer of Warranties
Brookshire does not make any express or implied warranties about the Website,
including but not limited to implied warranties of merchantability, fitness
for a particular purpose, or non-infringement. Brookshire does not guarantee
Website accuracy, timeliness, completeness or usefulness, and is not responsible
or liable for any content, advertising, products, or other materials on or
available from third party sites. The Website is made available
to you "as is" and "as available" and Brookshire does not
warrant that any defects or inaccuracies will be corrected. Use of the
Website is made at your own risk.
Brookshire does not warrant that the Website will meet your needs, or that
it will be uninterrupted, timely, secure or error-free. Brookshire also makes
no warranty that the results obtained from the use of the Website will be accurate
or reliable, or that the quality of any products, services, information, or
other material purchased or obtained by you through the Website will meet your
expectations. This provision may not apply to participants in certain employer-sponsored
workplace savings plans.
Limitation of Liability
Brookshire will not be liable to you or anyone else for any consequential,
incidental, special or indirect damages (including but not limited to lost
profits, trading losses or damages that result from use or loss of use of the
Website or Third Party Content, inconvenience or delay). This is true even
if Brookshire has been advised of the possibility of such damages or losses.
Brookshire will not be liable to you or anyone else for any loss resulting
from a cause over which such Brookshire does not have direct control. This
includes failure of electronic or mechanical equipment or communications lines
(including telephone, cable and internet), unauthorized access, viruses, theft,
operator errors, severe or extraordinary weather (including flood, earthquake,
or other act of God), fire, war, insurrection, terrorist act, riot, labor dispute
and other labor problems, accident, emergency or action of government.
If you live in a State that does not allow the limitation or exclusion of
liability or incidental or consequential damages, or if you access the Website
solely through an arrangement with your employer or plan sponsor, some or all
of these limitations and exclusions may not apply to you.
Indemnification
As a condition of your use of the Website, you agree to indemnify and hold
Brookshire and its third party providers harmless from and against any and
all claims, losses, liability, costs and expenses (including but not limited
to attorneys' fees) arising from your use of the Website, or from your violation
of these Terms. This provision may not apply to participants in certain employer-sponsored
workplace savings plans.
Changes to Website
Unless otherwise agreed, Brookshire may discontinue or modify the Website
at any time without prior notice to you.
Unsolicited communications
We welcome your feedback about this Site and may use it to improve the Site.
Should you provide unsolicited ideas, or material of any kind ("Communications")
and we use it to develop or market products, services, content, tools or information,
you agree that we can do so without compensating you. By providing us with
such Communications, you represent to us that you own all rights to it.
Usage monitoring
We reserve the right, but do not have the obligation, to access, archive,
or monitor any use of this Site, or your use of this Site and your Communications.
By using the Site, you accept our right to access, archive, or monitor usage
to ensure service quality, or to evaluate the Site, the security of the Site,
compliance with these Terms of Use, or for any other reason. You agree that
our monitoring activities will not entitle you to any cause of action or other
right with respect to the manner in which we monitor your Site usage and enforce,
or fail to enforce, these Terms of Use. You further agree that in no event
will Brookshire be liable for any damages incurred by you as a result
of our usage monitoring
Governing Law
Unless otherwise agreed, these Terms and their enforcement are governed by the
laws of the State of Delaware, without regard to conflicts of law, and shall
inure to the benefit of Brookshire's successors and assigns, whether by merger,
consolidation, or otherwise. This provision may not apply to participants in
certain employer-sponsored workplace savings plans.
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