The following are
Money Manager Review's ("MMR") terms and conditions for use of all Money
Manager Review services, including without limitation subscription services,
consulting services and manager tracking services (individually and collectively
referred to as the "Service"). Please read them carefully. The Service
is provided to persons who are at least 18 years old. YOUR USE OF THE
SERVICE CONSTITUTES ACCEPTANCE OF THE TOS. The Service is conditioned
on your acceptance without modification of the terms, conditions, and
notices contained herein.
1. SUBSCRIBER ACCOUNTS,
PASSWORDS, AND SECURITY
Persons or entities
wishing to subscribe to MMR's online database must:
- provide us with current, complete and accurate information as prompted
by the Subscription Form;
- specify the duration
of the subscription, the number of persons who will use the subscription,
and the nature of the use (ie whether the subscriber or subscribers
are acting in the capacity of individual investor, institution, professional
broker/consultant, money manager, or other entity);
- read, acknowledge
and agree to the TOS; and
- complete the
subscription process by submitting payment.
Once payment has been
received, each subscriber will be assigned a password and an account,
accessible via the World Wide Web (the "Web"). An account is activated
on the day that its corresponding password is issued. Counting forward
from the activation date, the account will expire at the end of the term
contracted for, unless the account is renewed, canceled or terminated
prior to expiration. Each subscriber is entirely responsible for:
- providing for his or her own access to the Web as outlined below;
- maintaining the confidentiality of his/her password and account;
- ensuring that the password and account are used only by the person
or persons specified in the Subscription Form and only for the type
of use contracted for; and
- any and all activities that occur under the account.
to notify MMR immediately of any unauthorized use of their accounts or
any other breach of security.
2. MANAGER TRACKING
To be included in
MMR's investment manager database ("tracked by MMR"), a money manager
- attest to being registered in accordance with the Investment Advisors
Act of 1940, as amended;
- present a performance track record of at least one year; and
- send MMR a complete marketing package, including a Form ADV.
When the manager's
materials are received and reviewed, the manager will be issued an account
and password. To complete the tracking process, the manager must then
log in and provide us with current, complete, truthful and accurate information
as prompted by all Manager and Product Registration Forms. The manager
must also log in from time to time as prompted by MMR to submit new information
and correct existing information.
A manager's request to be tracked by MMR constitutes that manager's consent
to allow MMR to publish, disseminate, analyze, sell access to, and/or
otherwise commercially use all information submitted by the manager as
MMR sees fit.
You acknowledge and
agree that MMR is in no way responsible for determining whether any persons
and/or entities requesting to be tracked by MMR are in fact registered
investment advisors and/or persons qualified and authorized to act on
behalf of any particular registered investment advisor. You acknowledge
and agree that MMR does not independently verify or check performance
numbers. You understand the antifraud provisions of the Uniform Securities
Act and the Investment Advisers Act of 1940, as amended. All manager submissions
are subject to MMR's editorial approval and MMR reserves the right to
edit, refuse to post, and/or remove any information or materials, in whole
or in part, that, in its sole discretion, are unacceptable, undesirable,
inappropriate or in violation of the TOS. MMR may refuse to track any
manager, and/or terminate any tracked manager's account or accounts, without
notice, for any reason whatsoever.
3. USER CONDUCT
As a condition of
your use of the Service, you agree that you will not use the Service in
any way that is unlawful or prohibited by these terms, conditions, and
notices. Any unauthorized commercial use of the Service, or the resale
of its services, is expressly prohibited. You agree to abide by all applicable
local, state, national and international laws and regulations and are
solely responsible for all acts or omissions that occur under your account
or password. By way of example, and not as a limitation, you agree not
- Use the Service in connection with junk e-mail, spamming or any
duplicative or unsolicited messages (commercial or otherwise), solicitations,
or investment opportunities or schemes;
- Interfere with another individual's or entity's use of the Service;
- Use the Service in any way that is unlawful, fraudulent, defamatory,
libelous, harassing, abusive, obscene, threatening, or otherwise objectionable;
- Post, publish, reproduce, distribute, or in any way exploit any
aspect of the Service for commercial purposes (other than as expressly
permitted by MMR);
- Interfere with or disrupt networks connected to the Service or
violate the regulations, policies or procedures of such networks;
- Attempt to gain unauthorized access to the Service, other accounts,
computer systems or networks connected to the Service, through password
mining or any other means;
- Violate any applicable laws or regulations.
Tracked managers specifically
acknowledge and agree that they will not misreport, exaggerate, or otherwise
misrepresent performance figures or any other information in connection
with the Service. MMR has no obligation to monitor the Service or any
user's use thereof or retain the content of any user session. However,
MMR reserves the right at all times to monitor, review, retain and/or
disclose any information as necessary to satisfy any applicable law, regulation,
legal process or governmental request.
Users wishing to cancel
their accounts should notify MMR. One-month subscriptions are not refundable.
When a prepaid subscription of one-year or longer duration is cancelled,
MMR will charge the monthly rate for subscription services already provided
and refund the remainder, if any. MMR reserves the right to terminate
any subscriber's or manager's access to any part or all of the Service
at any time, with or without cause or notice, effective immediately, for
any reason whatsoever, including but not limited to the unauthorized use
of your account(s) and/or password(s) or violation of the TOS. In the
event of such a termination, MMR shall have no liability to you, provided,
however, that if a subscription is terminated without cause MMR will refund
the pro rata portion of subscription fees paid and not used. MMR shall
have no obligation to maintain any content associated with a terminated
or expired account.
The performance data,
news, biographies, research, and any other information accessible via
the Service (the "Information") has been obtained from sources believed
to be reliable, and it is our policy to strive for the greatest possible
accuracy, but MMR cannot and does not guarantee completeness or accuracy.
You specifically acknowledge and agree that MMR relies on the self-reporting
of investment managers themselves, that MMR has not independently verified
performance numbers, and that MMR has not performed due diligence on tracked
managers. You specifically acknowledge and agree that MMR makes no claims
to accuracy on the part of either the managers or MMR; that there may
be delays, omissions or inaccuracies in the Information; and that the
Information may become unreliable because of subsequent market or economic
circumstances. Before committing funds with any manager, investors should
always conduct a careful background check. MMR has been prepared solely
for informative purposes, and does not constitute a recommendation for
any investment advisors or their services. It does not purport to be a
complete description of investment advisers' performance, investment advisers'
services or investment advisers' descriptions referred to. Any and all
expressions of opinion are subject to change without notice.
MMR cannot and does
not in any way warrant or represent that use of the investment advisers
herein will have any effect on investment performance. You acknowledge
and agree that you are responsible for determining the nature, potential
value and suitability for yourself of any particular investment or investment
strategy, and that your investments are at your sole risk. You acknowledge
and agree that past performance is not a guarantee of future results.
Neither the Service nor the Information constitutes a solicitation or
an offer to sell securities or advisory services. Such an offer an only
be made in states where a manager is registered. Neither the Service nor
any of the Information is intended as legal or tax advice.
6. DATA TRANSMISSION
All users of the Service
are entirely responsible for providing for their own access to the Web,
paying any service fees associated with such access and providing all
equipment and software (including a computer, modem and browser) necessary
to achieve a connection to the Web. MMR takes reasonable and appropriate
measures, including data encryption, to ensure that your personal information
is not disclosed to any outside parties. However, the Web is an open system
and MMR cannot and does not guarantee that the personal information entered
by users of the Service will not be intercepted by others and decrypted.
7. DATA STORAGE
The amount of
data storage space per user is currently unlimited. However, MMR
reserves the right to limit subscriber and/or manager storage space
at any time without notice. You agree that MMR is not responsible
or liable for the deletion or failure to store specified Watch List
managers, manager performance numbers or any other information.
It is MMR's policy to respect the privacy of all users of the Service.
MMR will not monitor, edit, or disclose any personal information
about subscribers or their use of the Service, including its contents,
to any outside parties without prior permission unless MMR has a
good faith belief that such action is necessary to:
1. conform to legal requirements or comply with legal process;
2. protect and defend the rights or property of MMR;
3. enforce the TOS; or
4. act to protect the interests of its subscribers or others.
MMR does provide certain user information in aggregate form to third
parties, including its advertisers, for demographic purposes, or
provide services related to management consulting or investment
for account authorization and other purposes. For more information,
MMR may be stored outside of the country in which you reside. You
agree that MMR may access your account, including its contents,
as stated above or to respond to service or technical issues.
is listed below. Please check back periodically, since the policy
may be revised from time to time.
1) Subscribers' personal information
MMR collects personal information from subscribers. This information
is used to process payments, to provide user-appropriate services
(since certain features are designed specifically for individuals,
institutions or brokers), and to contact subscribers when necessary.
Subscriber information is held in strict confidence. Subscribers'
personal particulars are never sold to outside parties. Personal
information is not released to outside parties except under extraordinary
circumstances, such as when MMR believes in good faith that the
law requires it.
Any time we ask for a credit card number, we transmit that credit
card number in an encrypted format, using industry-standard, Secure
Socket Layer encryption. Other, extensive security measures are
in place to protect against the loss, alteration, or misuse of subscriber
MMR may report aggregate subscriber information to advertisers.
In such cases, advertisers are never granted access to individual
account information. Also, from time to time, MMR or its associates
may notify subscribers of new products or services which may be
of interest to them or, to notify subscribers relating services
related to management consulting or investment management alternatives.
3) Other user information
When you visit MMR's Web site and submit any of our online forms,
personal information is gathered about you. Also, if you contact
MMR, we may keep a record of that correspondence. Personal information
gathered in this way is not released or sold to outside parties.
However, from time to time, MMR or its associates may use this information
to notify you of products or services which may be of interest to
you. Any such notifications will always include contact information
that you can use to:
" request not to receive future communications, or to change
and modify information previously provided.
If you wish not to be contacted
by MMR or its associates, please email us at email@example.com
and type REMOVE at the subject heading of the email.
TO THIRD PARTY SITES
THE LINKS INCLUDED
WITHIN THE SERVICE MAY LET YOU LEAVE THE SERVICE FOR OTHER WEB SITES
("LINKED SITES"). THE LINKED SITES ARE NOT UNDER THE CONTROL OF
MMR AND MMR IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE
OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES
TO SUCH SITES. MMR IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER
FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. MMR IS PROVIDING
THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY
LINK DOES NOT IMPLY ENDORSEMENT BY MMR OF THE SITE OR ANY ASSOCIATION
WITH THEIR OPERATORS.
IN PROMOTIONS OF ADVERTISERS
with advertisers on the Service or participation in promotions,
including the delivery of and the payment for goods and services,
and any other terms, conditions, warranties or representations associated
with such dealings or promotions, are solely between you and the
advertiser or other third party. MMR shall not be responsible or
liable for any part of any such dealings or promotions.
MMR AND/OR ITS
RESPECTIVE EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR
CONTENT OR SERVICE PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE
FOR ANY PURPOSE. MMR DOES NOT REPRESENT OR WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE IS PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND. MMR AND/OR ITS RESPECTIVE
EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR
SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. MMR IS IN NO WAY WHATSOEVER RESPONSIBLE
FOR ANY LOSS OR LIABILITY INCURRED IN CONNECTION WITH INVESTMENTS
MADE OR OTHER ACTION(S) TAKEN OR NOT TAKEN BY USERS OF THE SERVICE
AND/OR ASSOCIATED PARTIES. IN NO EVENT SHALL MMR AND/OR ANY OF ITS
EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR
SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE SERVICE OR RELATED WEB SITES, WITH THE DELAY
OR INABILITY TO USE THE SERVICE OR RELATED WEB SITES, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE
ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MMR OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
states do not allow the exclusion or limitation of liability for
consequential or incidental damages, the above limitation may not
apply to you. In such states, the respective liability of MMR and/or
its employees, agents, successors, assigns, affiliates, and content
or service providers, is limited to the greatest extent permitted
by such state law. By using the Service, including and applets,
software, and content contained therein, you agree that use of the
Service is entirely at your own risk. You specifically agree that
MMR shall not be responsible for unauthorized access to or alteration
of your transmissions or data, any material or data sent or received
or not sent or received, or any transactions entered into through
the Service. You specifically agree that MMR is not responsible
for any content sent using and/or included in the Service by any
third party. MMR and/or its respective employees, agents, successors,
assigns, affiliates, or content or service providers may make improvements
and/or changes in the Service at any time.
You agree to
indemnify and hold MMR, its parents, subsidiaries, affiliates, officers
and employees, harmless from any claim, demand, or damage, including
reasonable attorneys' fees, asserted by any third party due to or
arising out of your use of or conduct on the Service.
RIGHTS TO CONTENT
that content, including but not limited to text, software, music,
sound, photographs, video, graphics or other material contained
in either sponsor advertisements or electronically distributed,
commercially produced information presented to you by the Service,
by MMR, or MMR's Advertisers or other content providers, is protected
by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. You may use a desktop printer or photocopier to
make copies of this content subject to all terms and conditions
outlined in MMR's Reprints policy,
including the provision that you keep all copyright and other proprietary
notices intact. You may not modify, copy, reproduce, republish,
upload, post, transmit, or distribute in any way content available
through the Service and its associated Web sites, including code
and software, without MMR's express permission.
free to make links pointing to MMR's non-subscription Web pages.
However, the contents of MMR are confidential and proprietary and
may not be used, revealed, reproduced, mirrored, referred to, in
whole or in combination with any other service, in any manner, shape
or form in any written or other communication with any third party
or by making MMR data of any portion thereof available to any third
party, without the express written consent of MMR. All contents
of the Service are: Copyright © 1999 Money Manager Review,
12620 DuPont Road Sebastopol, CA 95472. All rights reserved.
"Money Manager Review", "MoneyManagerReview.com", and/or other MMR
products and services referenced herein are either trademarks or
registered trademarks of MMR. The MMR logo shows a detail of the
Supreme Court building. It appears courtesy of Bulent Atalay (1982)
and is trademarked by MMR. The names of actual companies and products
mentioned herein may be the trademarks of their respective owners.
The sample companies, organizations, products, people and events
depicted by the Service are fictitious. No association with any
real company, organization, product, person, or event is intended
or should be inferred.
TO TERMS OF SERVICE AND/OR POLICIES
the right to change the TOS or policies regarding the use of the
Service at any time and to notify you by posting an updated version
of the TOS on this Web site. You are responsible for regularly reviewing
the TOS. Continued use of the Service after any such changes shall
constitute your consent to such changes.
Money Manager Review (MMR)
has a solicitors agreement with Smith Barney (SB) . This agreement
provides for the referral of our customers and contacts to SB in
exchange for a referral fee. In no event does the fee shared between
SB and MMR affect the cost of any services provided by MMR and or
SB to the customer.
MMR also maintains an independent investment advisory relationship
with Charles Schwab (CS) and Co. This relationship takes advantage
of CSs competitive brokerage rates and accounting and trading
services. In every instance, MMR explains in detail the various
services provided by SB and or CS. The client makes the final determination
as to which financial institutions they wish to domicile their accounts.
The prospective client may direct MMR not to provide SB and/or CS
with any information prior to the client entering into any relationship
For Texas residents, investment advisory services are offered by
the companys legal name Peter Crawford Walker. MMRs
investment advisory services are not available to Pennsylvania residents.
MMRs investment advisory services are not available to Pennsylvania
It is the express
will of the parties that this agreement and all related documents
have been drawn up in English.
This agreement is
governed by the laws of the State of California, and the United States
of America. Use of the Service is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and
MMR as a result of this agreement or use of the Service. MMR's performance
of this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of MMR's right to comply
with governmental, court and law enforcement requests or requirements
relating to your use of the Service or information provided to or gathered
by MMR with respect to such use. If any part of this agreement is determined
to be invalid or unenforceable pursuant to applicable law including, but
not limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement
shall continue in effect. The failure of MMR to exercise or enforce any
right or provision of the TOS shall not constitute a waiver of such right
or provision. The section titles in the TOS are solely used for the convenience
of the parties and have no legal or contractual significance.
Unless otherwise specified
herein, this agreement constitutes the entire agreement between the user
and MMR with respect to the Service (excluding the use of any software
which may be subject to an end-user license agreement) and it supersedes
all prior or contemporaneous communications and proposals, whether electronic,
oral or written, between the user and MMR with respect to the Service.
A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based
upon or relating to this agreement to the same extent and subject to the
same conditions as other business documents and records originally generated
and maintained in printed form. You agree that, when in the future you
click on an "I agree," "I consent" or other similarly worded "button"
or entry field with your mouse, keystroke or other computer device, your
agreement or consent will be legally binding and enforceable and the legal
equivalent of your handwritten signature. You and MMR agree that any cause
of action arising out of or related to this Service must commence within
one (1) year after the cause of action arose; otherwise, such cause of
action is permanently barred.
Any rights not expressly
granted herein are reserved.