Terms & Disclaimer

Your access to and use of the HYPERLINK “http://commerceadvisorsllc.com/”www.commerceadvisorsllc.com Web site (this “Site”), which is owned and operated by Commerce Advisors, LLC (“CA”), is governed by the following terms and conditions of usage (“Terms of Use”). Do not use this Site if you do not agree to be bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, you must not use this Site. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

Section 1 – PURPOSE

1.1 Purpose. This Site is provided solely for the purpose of providing information about CA and its activities. The information provided on this Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject CA to any registration requirement within such jurisdiction or country. CA IS NOT UTILIZING THIS SITE TO PROVIDE INVESTMENT OR OTHER ADVICE TO YOU OR ANY OTHER PARTY, AND NO INFORMATION OR MATERIAL AT THIS SITE IS TO BE RELIED UPON FOR THE PURPOSE OF MAKING OR COMMUNICATING INVESTMENT OR OTHER DECISIONS. NEITHER THE INFORMATION NOR ANY OPINION CONTAINED ON THIS SITE CONSTITUTES INVESTMENT ADVICE OR A SOLICITATION BY TITAN FOR THE PURCHASE OR SALE OF ANY SECURITIES, FUTURES, OPTIONS OR OTHER FINANCIAL INSTRUMENTS OR TO PROVIDE ANY INVESTMENT ADVICE OR SERVICE.

IF YOU ARE IN ANY DOUBT AS TO WHETHER THIS SITE CAN BE LAWFULLY USED BY YOU DO NOT USE THIS SITE.

The information on this Site has been compiled from both internal and external sources. CA uses reasonable efforts to make sure that the information appearing on this Site is accurate and up-to-date. However, CA does not represent or warrant that the information contained herein is accurate or complete.

1.2 Posted Guidelines. In addition to these Terms of Use, when using this Site, you will be subject to and agree to follow any posted guidelines or rules, which may be posted on this Site from time to time.

1.3 Passwords. The password protected areas of this Site, and the information contained on or through this Site, may be accessed only by persons who have been authorized by CA to use such areas pursuant to these Terms of Use and solely based on written representations and warranties or other information such persons have given to CA. The password assigned to you is for your use only and you are solely responsible for the safekeeping of your password. You are responsible if your password is lost, stolen or misused and you must notify CA immediately if any of these events happen. You will be responsible for all activity attributable to your password including for any adverse regulatory or other consequences for CA or any of its other customers arising as a result of any unauthorized use of your password. YOUR FAILURE TO COMPLY WITH THESE REQUIREMENTS MAY HAVE SERIOUS REGULATORY CONSEQUENCES FOR CA AND THEREFORE FOR YOU.

1.6 Right to Terminate User Access. CA reserves the right to limit, restrict and terminate your access to, and use of, this Site at any time, in whole or in part, in its sole discretion and without notice.

Section 2 – DISCLAIMER OF WARRANTY AND LIMTATION OF LIABILITY

2.1 Information “As Is” and “As Available”. THE INFORMATION PROVIDED ON OR THROUGH THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. ALTHOUGH THE INFORMATION ON THIS SITE IS OBTAINED OR COMPILED FROM SOURCES CA BELIEVES TO BE RELIABLE, CA CANNOT AND DOES NOT GUARANTEE OR MAKE ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY, VALIDITY, SEQUENCE, TIMELINESS, COMPLETENESS OR CONTINUED AVAILABILITY OF ANY INFORMATION OR DATA MADE AVAILABLE ON THIS SITE. IN NO EVENT WILL CA BE LIABLE FOR ANY DECISION MADE OR ACTION OR INACTION TAKEN BY YOU IN RELIANCE ON ANY INFORMATION OR DATA ON THIS SITE. CA FURTHER EXPLICITLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CA, SUPPLIERS OF THIRD-PARTY CONTENT AND ANY OTHER THIRD PARTY WORKING WITH TITAN, WILL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGES OR LOSS (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND ANY AND ALL OTHER FORMS OF DAMAGES OR LOSSES REGARDLESS OF THE FORM OF THE ACTION OR THE BASIS OF THE CLAIM) CAUSED OR ALLEGED TO BE CAUSED IN CONNECTION WITH YOUR USE OF THIS SITE WHETHER OR NOT FORESEEABLE, EVEN IF CA, SUPPLIERS OF THIRD-PARTY content OR OTHER THIRD PARTIES WORKING WITH TITAN IN CONNECTION WITH THIS SITE, HAVE BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.

2.2 Computer Viruses. CA is not responsible for any computer virus or related problems that may be attributable to this Site.

2.3 Internet Security. You understand and agree that CA utilizes a variety of electronic networks, including the Internet, to transport data and communications. Complete confidentiality and security is not yet possible over the Internet and the transmission of any data on any electronic network may be subject to delay, interruption, interception, blackout or inaccuracy. CA advises you that the Internet is not a secure medium and privacy cannot be ensured. You agree that neither CA nor any third party working with CA in connection with this Site will be responsible for any kind of loss or damage caused by any such event or by communications line failure, interception by third parties, unauthorized access, theft, systems failure, service interruption, or other occurrence beyond their control, or from any other cause relating to your access to, inability to access or use of this Site, whether or not the circumstances giving rise to such cause may have been within the control of CA or any third party working with CA in connection with this Site.

2.4 Encryption. CA may use encryption technology to protect certain transmissions of data to/from this Site, but e-mail and other communications, unless otherwise noted on this Site, are not encrypted to/from this Site. Therefore, you should not send any personal or identifying information, such as account numbers, credit card numbers, Social Security numbers, passwords, etc., to CA via e-mail. Your use of e-mail or other electronic communication means you acknowledge that you have no expectation of privacy with respect to the information delivered thereby and that CA will not be responsible for any loss or damage that could result from interception by third parties of any information so sent.

2.5 Cookies. In order to provide better service or to address security hazards, CA may occasionally use a “cookie.” A cookie is a small piece of information that a Web site stores on your computer and can later retrieve. When you access this Site, CA’s Web servers may place persistent cookies on your computer in order to recognize you as an authorized user, recognize your user id and password, track your acceptance of disclaimers or facilitate your use of this Site. Although you can set up your Web browser to inform you when cookies are set or to prevent cookies from being set, this may affect the functionality of this Site. By using this Site you agree that CA may download certain information to your computer or other access device.

Section 3 – RESERVATION OF RIGHTS

3.1 Site Content. All content and information contained within this Site or delivered to you in connection with your use of this Site (including all text, graphics, audio, video, icons, software code and trade secrets, as well as the overall organization, design, look, feel and appearance of this Site) (collectively, the “Site Content”) is protected under applicable patent, copyright, trademark and other intellectual property laws (collectively, “Proprietary Rights”), both as individual works and as a compilation. CA does not waive any of its Proprietary Rights in this Site or in any Site Content, and the availability of any Site Content will not, under any circumstance, constitute a transfer of any Proprietary Rights of CA or any of its licensors to any user or any other third party.

3.2 Printing and Downloading. If you download any information from this Site for your personal non-commercial use, you agree that you will not remove or obscure any copyright or other notices contained in any such information. You may not copy, republish, redistribute, transmit, participate in the transmission of, create derivatives of, alter, edit or exploit in any manner any material from this Site, including by storage on retrieval systems, without the express written permission of CA.

Section 4 – MISCELLANEOUS

4.1 Entire Agreement. These Terms of Use constitute the entire agreement of the parties hereto with respect to the subject matter hereof and supersede all prior agreements and undertakings, both written and oral, between the parties with respect to the subject matter hereof.

4.2 Severability. If any term or other provision of these Terms of Use is invalid, illegal or incapable of being enforced by any law or public policy, all other terms and provisions of these Terms of Use will nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party.

4.3 Governing Law; Forum. These Terms of Use will be governed in all respects by the laws of New York.

4.4 Waiver of Jury Trial. YOU WAIVE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY ACTIONS OR PROCEEDINGS DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER, OR IN CONNECTION WITH, THESE TERMS OF USE.

4.5 An investment advisor or investment advisor representative may only transact business in a particular state after licensure or satisfying qualifications, requirements of that state, or only if they are excluded or exempted from the state’s investment advisor or investment advisor representative requirements, as the case may be.

4.6 Follow-up, individualized responses to consumers in a particular state by an investment adviser or investment advisor representative that involve either the effecting or attempting to effect transactions in securities or the rendering of personalized investment advice for compensation, as the case may be, shall not be made without first complying with the state’s investment advisor, or investment advisor representative requirements, or pursuant to an applicable state exemption or exclusion.

4.7 For information concerning the licensure status or disciplinary history of an investment advisor or investment advisor representative, a consumer should contact his or her state securities law administrator.

Commerce – CA 2013 – Terms & Disclaimer

Commerce Advisors ADV

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