Terms & Conditions

 

Last updated January 13, 2016

The www.chickasawcap.com website (the “Website”) is a service of Chickasaw Capital Management, LLC (“CCM,” “us” or “we”). These www.chickasawcap.com Terms & Conditions and any additional terms or conditions that we post on the Website from time-to-time (“Terms”) set forth the terms and conditions under which you may enter and use the Website. As used herein CCM means CCM and its affiliates.

Please read the Terms carefully. By entering or using the Website, you agree to the Terms. If you do not agree to the Terms (without modification), you are not authorized to view or use the Website.

CCM reserves the right to modify or change the Terms at any time without prior notice to you. Such modification or change shall be effective upon posting on the Website. If CCM revises the Terms, it will also revise the “Last Updated” date at the top of this page. The most current version of the Terms can be reviewed by clicking on the "Terms & Conditions " hypertext link located at the bottom of CCM’s web pages. Your continued entry to and/or use of the Website after CCM posts any revised Terms constitutes your agreement to any such revised Terms.

Disclaimer: This material should not be construed as an offer to sell or the solicitation of an offer to buy any security in any jurisdiction where such an offer or solicitation would be illegal. We are not soliciting any action based on this material, nor are we making any recommendation. This material is general information. It does not take into account the particular investment objectives, financial situations, or needs of individual clients. Before acting on any advice or recommendation in this material, you should consider whether it is suitable for your particular circumstances and, if necessary, seek professional advice. Securities or financial instruments mentioned in the Website may not be suitable or appropriate for all investors or in all geographical areas.

Nothing contained on this Website constitutes tax, legal, insurance or investment advice. In exchange for using this Website, the visitor agrees to indemnify and hold CCM, its officers, directors, employees, affiliates, agents, licensors and suppliers harmless against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your violation of these Terms.

THE INFORMATION AND SERVICES PROVIDED ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CCM DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CCM DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THIS WEBSITE AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CCM EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS AND OMISSIONS IN THE MATERIALS ON THIS WEBSITE AND FOR THE USE OR INTERPRETATION BY OTHERS OF INFORMATION CONTAINED ON THE WEBSITE AND FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUS, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OUR CONTROL UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER WE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR OTHERWISE.

 

General Use and Restrictions

Use of Website. Conditioned upon, and subject to, your strict compliance with the Terms, CCM grants you a personal, non-exclusive, non-transferable, limited license to enter and use the Website to view information. You agree not to enter or use the Website for any purpose that is prohibited by these Terms or is otherwise unlawful. You further agree to comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Website. CCM may, in its sole discretion, terminate or suspend your entry to, and/or use of, the Website, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to enter the Website is terminated, you will not thereafter enter, or attempt to enter, the Website, directly or indirectly, and (b) if your authorization to enter the Website is suspended, you will not thereafter enter, or attempt to enter, the Website, directly or indirectly, until your suspension is removed and CCM gives you express notice thereof.

Information Provided. If you provide any information to us, you agree to provide only true, accurate, current and complete information.

Use of Content. You may print or copy any information displayed or transmitted on the Website (collectively, “Content”) that you are authorized to access, solely for informational and non-commercial, personal use; provided that you (a) do not remove any title, trademark, copyright and/or restricted rights notices contained on such Content, and (b) strictly comply with the provisions of the Terms.

Restrictions. Except as provided in above, you may not (and you agree that you will not) reproduce, alter, modify, create derivative works, or publicly display any Content without first receiving CCM’s express written permission. You further agree not to, without first obtaining CCM’s express written permission, (a) use any of its trademarks as metatags on other web sites, (b) use the Website in any manner that is illegal or impairs the operation of the Website or its availability or usage by others, and/or (c) display any part of the Website in frames (or any Content via in-line links). You further agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, and not to insert any code or product or manipulate the Website in any way that affects the user’s experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Website. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Website except for customary search engines used in accordance with automated instructions directed to search engines and available on the Website.

 

Trademarks, Copyrights and Other Intellectual Property

Except for Content that is in the public domain, the Website and all original Content, as well as the selection and arrangement of the Content, is owned by (or licensed to) CCM or its suppliers and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied or imitated in whole or in part except as expressly provided herein. Except as otherwise expressly provided in the Terms, all rights in and to the Website and Content are expressly reserved by CCM.

Trademarks and logos on the Site are trademarks of CCM, and, except as expressly provided in these Terms, may not be copied, imitated or used, in whole or in part, without CCM’s prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of CCM or its licensors and may not be copied, imitated, or used, in whole or in part, without CCM’s prior written permission.

Links to Other Websites: CCM may provide hyperlinks to other web sites and Internet resources operated by parties other than CCM. CCM has no control over such sites and resources or their privacy policies. Other web sites and internet resources may have a privacy policy or security practice different from this Website so it is important to read the policies of those sites when you use them. Such hyperlinks are provided for your reference and convenience only. The inclusion of hyperlinks to such web sites does not imply any sponsorship, affiliation, warranty (express or implied), verification, monitoring or endorsement of the material on such web sites or with their operators.

Links to CCM From Other Websites: Subject to the further provisions of this Section, CCM must pre-approve links to the Website from other web sites. If CCM demands that you not link to the Website, or any portion of the Website, you agree that you will not, directly or indirectly, link to the Website or such portion of the Website as directed in our demand, at any time after such demand is made.

Transmissions to and From This Website: Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from this Website may not be secure. Communications to CCM, particularly those containing confidential information, may be sent by mail to: Chickasaw Capital Management, 6075 Poplar Avenue, Suite 720, Memphis, TN 38119.

You acknowledge and agree that CCM has granted you limited access to the specific files pertaining to the CCM Funds ("Approved Files"), and you agree not to attempt to access computer files other than the Approved Files.

Jurisdiction: The information provided on this Website 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 CCM or its affiliates to any registration requirement within such jurisdiction or country. Each investment product and service referred to on this Website is intended only for U.S. residents. This Website should not be considered a solicitation to buy or an offer to sell shares of the MainGate MLP Fund in any jurisdiction where such solicitation or offering would be unlawful under the securities laws of such jurisdiction. See also the “Disclaimer” above.

Timeliness of Content: All content on this 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.

Unauthorized Use of Content: You hereby agree to indemnify and hold harmless CCM and its affiliates, officers, members, directors, employees, shareholders, information providers, suppliers and licensees (collectively, "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorney’s fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) your unauthorized entry and/or unauthorized use of the Website, and/or (b) any breach, or alleged breach, of any of the Terms by you.

Waiver: No waiver by CCM 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 the time of such waiver or a waiver of that or any other right, term, or provision of these Terms at any other time.

Integration, Severability and Governing Law: 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 represent the entire agreement between CCM and the user relating to the user’s use of and access to this Website. These Terms shall be subject to any other agreements you have entered into with CCM. Your access to and use of the Website, and the terms of this disclaimer are governed by Tennessee law. Any action against CCM arising from or relating to your access to and/or use of the Website and the provisions of these Terms must be brought by you in state or federal court located in the State of Tennessee, County of Shelby. You consent to the jurisdiction and venue of the state and federal courts located within the State of Tennessee, County of Shelby for the adjudication of all claims by CCM against you arising from or relating to your access to and use of the Website and the provisions of these Terms.