Terms and Conditions of Use

Read the following terms and conditions carefully before continuing.  By using this site, you signify acceptance of our Terms and Conditions of Use (the �Agreement�).  If you do not agree to these terms, do not use this site.


Material presented on this website is for informational purposes only and should neither be considered investment advice nor a solicitation to buy or sell securities.  Jerrmar Capital Management, Inc. (�Jerrmar Capital Management� and/or �we� and/or �us�) only transacts business in states where it is properly registered, or excluded or exempted from registration requirements.


For more information on our company you may request a FORM ADV Part II to be sent to you at no charge to you.  To request a FORM ADV Part II, you may contact us by telephone: (248) 269-9222; by email: info@jerrmarcapital.com; or by regular mail:


Jerrmar Capital Management, Inc.
50 West Big Beaver Road, Suite 225
Troy, MI 48084

 

1.    Modification and Monitoring of Web Site

Jerrmar Capital Management reserves the right, at our discretion, to change, modify, add or remove portions of these terms at any time.  We suggest that you check these terms periodically for changes.  If you use this website after we post changes to the terms, you accept the changed terms.  Jerrmar Capital Management expressly reserves the right to monitor any and all use of this website.

 

2.    Privacy Policy

Jerrmar Capital Management considers privacy to be a fundamental right of our clients and Website users, and we take seriously our obligation to safeguard your sensitive and confidential information.

    a.    Client Information: As we work together, you often share personal and financial information.  We use that information to provide our products and services to you, and to assist you in achieving your financial goals.  We promise to protect the security, privacy and use of your personal and financial information, including account and transaction details.  On occasion, laws and regulations may require us to provide information about you and your transactions to government agencies or regulators.  In addition, federal and state laws give people involved in lawsuits or other legal proceedings the right to obtain records and information from us.  We share only the information that we are required or authorized to share.

    b.    Web User Information:  We may gather and save generic statistics, strictly for our own use, about the number of people who visit our site, the pages most often viewed, and the like.  Any information you choose to provide us (for example, by filling out a survey or sending us e-mail) is used to develop and deliver services and products you requested.  We will not sell or provide any information from any of our surveys, e-mail lists, or electronic forms to any third party.  No sales person will call you unless you specifically request it.

We will continuously assess ourselves to ensure that customer privacy is respected.  If you have any questions or concerns about privacy and confidentiality, you may contact us by telephone:  (248) 269-9222; by email: info@jerrmarcapital.com; or by regular mail:  Jerrmar Capital Management, Inc.,  755 West Big Beaver Road, Suite 117, Troy, MI  48084

 

3.    Third-Party Content

Jerrmar Capital Management is in no way responsible for the content of any site owned by a third party that may be linked to our website via hyperlink, whether such hyperlink is provided by Jerrmar Capital Management or by a third party.  No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which Jerrmar Capital Management may link, including information on the site regarding Jerrmar Capital Management, and Jerrmar Capital Management takes no responsibility therefor.  Jerrmar Capital Management does not endorse services provided by any website�s sponsoring organization.

 

4.    Disclaimers

a.    Past performance may not be indicative of future results.  Therefore, no current or prospective client should assume that the future performance of any specific investment, investment strategy (including the investments and/or investment strategies recommended by Jerrmar Capital Management), or product made reference to directly or indirectly on this website, or indirectly via link to any unaffiliated third-party website, will be profitable or equal to corresponding indicated performance levels.

b.    Different types of investments involve varying degrees of risk, and there can be no assurance that any specific investment will either be suitable or profitable for a client�s investment portfolio.  No client or prospective client should assume that any information presented and/or made available on this website serves as the receipt of, or a substitute for, personalized individual advice from the adviser or any other investment professional.

c.    There are no implied or expressed warranties on the materials in this site; the materials are provided �AS IS.�

d.    Jerrmar Capital Management intends that the information contained in this website be accurate and reliable; however, errors sometimes occur.  Jerrmar Capital Management does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the servers that make it available are free from viruses or other harmful components.

e.    Jerrmar Capital Management does not warrant or represent that the materials in this site are correct, accurate, or reliable.  You (and not Jerrmar Capital Management) assume the entire cost of all necessary servicing, repair, or correction of your property or operations as a result of using this website.

f.    Reference to products anywhere on this website is not a recommendation to buy, sell, or hold that or any other product.

g.    If you live in a state that does not allow disclaimers of implied warranties, our disclaimer may not apply to you.

 

5.    Limitations of Liability

Jerrmar Capital Management is not liable under any circumstances - including but not limited to negligence - for any special, consequential or incidental damages that may result from the use of, or the inability to use, the materials on this site, even if Jerrmar Capital Management has been advised of the possibility of such damages.

Jerrmar Capital Management is not liable for damages or injury, including but not limited to damages or injury caused by any performance, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether resulting, in whole or in part, from breach of contract, tortious behavior, negligence, or otherwise.  If you live in a state that does not allow the limitation or exclusion of liability for incidental, special or consequential damages, the above limitation or exclusion may not apply to you.

In no event shall Jerrmar Capital Management�s total liability to you for damages, losses, and causes of action - whether in contract, tort (including, but not limited to, negligence), or otherwise - exceed the amount paid by you, if any, for accessing Jerrmar Capital Management�s site.

 

6.    Termination

Jerrmar Capital Management will terminate this Agreement immediately without notice if, in Jerrmar Capital Management's sole discretion, you fail to comply with any term or provision of this Agreement.  Upon termination, you must destroy all materials obtained from this website and all copies of those materials, whether or not they were made under these terms.

 

7.    Integration and Severability

If any provision of these terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of the remaining provisions.

The preceding terms and conditions of use represent the entire agreement between Jerrmar Capital Management and the user relating to the subject matter herein.

 

8.    Governing Law

This Agreement shall be construed in accordance with the laws of the State of Michigan excluding its conflict of law provisions.

 

9.    Exclusive Jurisdiction

You and Jerrmar Capital Management agree that the exclusive jurisdiction for the institution and maintenance of any action for judicial relief shall be in either the State courts sitting in Oakland County, Michigan or the United States District Court for the Eastern District of Michigan.  Jerrmar Capital Management and you hereby waive any claim that such court does not have personal jurisdiction over it or is an inconvenient forum.

 

10.    Alternative Dispute Resolution

    a.    Mandatory Non-binding Mediation.  Jerrmar Capital Management and you agree to attempt in good faith to resolve any dispute arising out of this Agreement.  Jerrmar Capital Management and you agree that the following procedure must be followed before the institution and maintenance of an action for judicial relief, except that either party may immediately seek judicial relief in the event of the other party�s breach of its obligations regarding confidential information or proprietary rights.


    In the event of a dispute between Jerrmar Capital Management and you arising out of the contents of this Agreement, you agree that the dispute shall be submitted to non-binding mediation in accordance with the then current Model Procedure and/or Rules for Mediation of Disputes of the CPR Institute for Dispute Resolution and Jerrmar Capital Management and you agree to bear equally the cost of the mediator and the CPR fees.  Either Jerrmar Capital Management or you may initiate mediation by written request to the other party.  Jerrmar Capital Management and you agree that submission of any such dispute to mediation is a condition precedent for invoking the jurisdiction of any court over the subject matter of their dispute.  Jerrmar Capital Management and you agree that such mediation shall be conducted in the State of Michigan by mutually agreed upon mediators.


    If Jerrmar Capital Management and you have not resolved the matter within ninety (90) days after receipt of the notice of the dispute, either Jerrmar Capital Management or you may institute and maintain legal proceedings in accordance with the applicable provisions set forth in this Agreement.


    b.    Confidentiality.  The mediation and all proceedings, discovery and the mediation result shall be treated as confidential information.  The parties, their witnesses, their counsel, and the mediator(s) shall sign appropriate non-disclosure agreements and shall not disclose any information obtained during the course of the mediation to any person or entity who or that is not a party to the mediation unless required by law.  Attendance at the mediation shall be limited to the mediator(s), the parties, their counsel, and those called as witnesses, if any.

 

11.    Waiver of Jury Trial

JERRMAR CAPITAL MANAGEMENT AND YOU ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT, BUT ONE THAT MAY BE WAIVED.  AFTER CONSULTING (OR HAVING HAD THE OPPORTUNITY TO CONSULT) WITH COUNSEL OF THEIR CHOICE, KNOWINGLY AND VOLUNTARILY, AND FOR THEIR MUTUAL BENEFIT, JERRMAR CAPITAL MANAGEMENT AND YOU WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION REGARDING THE PERFORMANCE OR ENFORCEMENT OF, OR IN ANY WAY RELATED TO THIS AGREEMENT.