Web Site Terms of Use

Fiduciary Asset Management Inc. and Piper Jaffray Companies collectively own and operate this Site

This Web site (this “Site”) is collectively owned and operated by Fiduciary Asset Management, LLC (“FAMCO”) and Piper Jaffray Companies (“Piper Jaffray”). Piper Jaffray is a U.S. holding company for entities and subsidiaries engaged in client-based middle market investment banking, institutional brokerage, and investment and asset management including FAMCO, Piper Jaffray LTD, a U.K. firm authorized and regulated by the Financial Services Authority (FSA) for the conduct of designated investment business; and Piper Jaffray Asia Holdings Limited (collectively, the “Affiliates”). Piper Jaffray operates this Site for its own benefit and for the benefit of its wholly-owned subsidiary, FAMCO, an SEC registered investment adviser. As used in these Terms of Use (“Terms of Use”), the terms “we,” us,” and “our” refer collectively to Piper Jaffray and its Affiliates including FAMCO.

You and your company agree to be bound by these Terms of Use

As used in these Terms of Use, the word “you” refers to you individually and, if you are using the Site on behalf of your company, your company.

These Terms of Use govern your and your company’s use of this Site and the information, products and services provided through this Site. These Terms of Use constitute a legally binding contract between us and you and, if you are accessing this Site on behalf of a business (“your company”), between us and your company.

By accessing or using this Site for your own personal use, you are agreeing to be legally bound by these Terms of Use. By accessing or using this Site on behalf of your company, you are agreeing, on behalf of yourself and your company, that you and your company will be legally bound by these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE YOU MAY NOT USE AND MUST EXIT FROM THIS SITE. IF YOU DO NOT HAVE AUTHORITY TO LEGALLY BIND YOUR COMPANY, OR DO NOT AGREE THAT YOUR COMPANY WILL BE BOUND BY THESE TERMS OF USE, YOU MAY NOT USE THIS SITE ON BEHALF OF YOUR COMPANY.

Effective date of these Terms of Use

These Terms of Use are effective as of June 1, 2008.

These Terms of Use may change from time to time

We are continually adding features and functionality to this Site. Because of these changes, changes in the law, or changes in technology, we may need to revise these Terms of Use from time to time. Accordingly, we reserve the right to update or modify these Terms of Use, at any time and without prior notice, by posting the revised version of these Terms of Use on this Site. These changes will be effective as of the date we post the revised version on this Site. Your use of this Site following any such change constitutes your agreement (and, if you are using this Site on behalf of your company, your company’s agreement) to be bound by the revised Terms of Use.

To alert you to changes in these Terms of Use, we will provide a notice at the top of these Terms of Use for at least 30 days after the new effective date and highlight the changes so that you can locate them easily. Unless the change is a minor change (such as a change in our contact information) or a non-substantive change (such as the correction of a typographical error).

You may access the current version of these Terms of Use at any time by clicking on the link marked "Terms of Use" at the bottom of each page of this Site.

These Terms of Use may be supplemented by additional disclosures and notices

These Terms of Use may be supplemented or amended by specific disclosures and notices posted describing the products or services to which they relate.

These Terms of Use may be supplemented by click-through agreements

These Terms of Use may be supplemented or amended by “click-through” agreements. For example, when you register to use a password-protected area of this Site, you may be asked to agree (by clicking on a word or checking a box) to special terms governing your and your company’s use of that area of this Site. In the event of a conflict between these Terms of Use and any click-through agreements, the terms and conditions of the click-through agreement shall govern, but only with respect to the subject matter of the click-through agreement.

Password protected areas of this Site

Certain areas of this Site may be password protected. You are responsible for maintaining the confidentiality of your password. We have the right to assume that anyone accessing the password protected areas of this Site using a password assigned to you has the right to do so. You and your company will be solely responsible for the activities of anyone accessing this Site using a password assigned to you, even if the individual is not, in fact, authorized by you. You agree that you will immediately notify us of any known or suspected unauthorized use of your password or any other breach of security and will change your password if you believe your password may have been compromised or used without authorization. You and your company (if any) shall defend, indemnify and hold Piper Jaffray and its Affiliates from and against any and all losses, injuries, claims, liabilities, damages, fines, penalties, costs and expenses (collectively, “Claims”) arising out of any use or misuse of this Site, including its Content, through your password; provided that (a) we notify you and your company promptly in writing of any such Claims (provided that our failure to do so will not relieve you or your company of your or its obligations hereunder if the defense of the Claim is not prejudiced by the delay); (b) you and your company shall have the right to control any negotiations or defense; and (c) we provide such assistance as you or your company may reasonably request at your or your company’s sole cost and expense.

Privacy Pledge

FAMCO’s Privacy Pledge describes our privacy commitment to you. It describes the personal information we collect and how we use, share and safeguard that information. FAMCO’s Privacy Pledge is incorporated into and is an integral part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to our collection, use and disclosure of your personal information in accordance with FAMCO’s privacy pledge.

Disclaimer of Warranties

THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PIPER JAFFRAY, ITS AFFILIATES, AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS AND SOURCES, DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THIS SITE, INCLUDING ITS CONTENT, AND ANY PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PIPER JAFFRAY, ITS AFFILIATES, AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS AND SOURCES, DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF THIS SITE; (D) THAT THE CONTENT OR OTHER INFORMATION ON THIS SITE IS TIMELY, CURRENT, ACCURATE, COMPLETE, RELEVANT OR RELIABLE; (E) THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR, AND (F) REGARDING THE RESULTS TO BE OBTAINED FROM USING THIS SITE, INCLUDING ITS CONTENT, OR PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE. YOU AND YOUR COMPANY USE THIS SITE, INCLUDING ITS CONTENT, AND THE PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE AT YOUR OWN RISK.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL PIPER JAFFRAY, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, OR SOURCES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS, HAVE ANY RESPONSIBILITY OF ANY KIND OR BE LIABLE TO YOU, YOUR COMPANY, OR TO ANY THIRD PARTY FOR ANY LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF OR IN CONNECTION WITH THIS SITE, INCLUDING (A) THE USE OF OR INABILITY TO USE THIS SITE (INCLUDING ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, WORM OR OTHER MALICIOUS COMPUTER CODE, OR LINE OR SYSTEM FAILURE), (B) ANY CONTENT PROVIDED THROUGH THIS SITE, OR (C) ANY PRODUCTS OR SERVICES PROVIDED THROUGH THIS SITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES, INJURIES, CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES OF ANY KIND WHATSOEVER (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, SAVINGS OR PROFITS); WHETHER THE CLAIM IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY OR BASED ON ANY OTHER LEGAL THEORY; EVEN IF AN AUTHORIZED REPRESENTATIVE OF PIPER JAFFRAY, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS OR SOURCES, HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF PIPER JAFFRAY, ITS AFFILIATES, AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS AND SOURCES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO ALL OR PART OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Right to modify, shut down, or deny access to this Site

PIPER JAFFRAY RESERVES THE RIGHT TO MODIFY THE CONTENT, FEATURES AND FUNCTIONALITY OF THIS SITE, TO SHUT DOWN THIS SITE, AND TO LIMIT OR DENY ACCESS TO THIS SITE AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTICE, AND WILL NOT BE LIABLE IN ANY WAY TO YOU, YOUR COMPANY OR ANY THIRD PARTY FOR POSSIBLE CONSEQUENCES OF SUCH ACTIONS.

Not an offer to buy or sell any financial instruments or provide any investment advice or service

Neither the information, nor any opinion, nor any other Content on this Site constitutes a solicitation or offer by Piper Jaffray or its Affiliates to buy or sell any securities, futures, options or other financial instruments or provide any investment advice or services.

Customer notice pursuant to the US Patriot Act

In an effort to aid the government in its fight against funding of terrorism and money laundering activities, Piper Jaffray and FAMCO will obtain, verify and record information that identifies each person who opens an account. Specifically, Piper Jaffray and FAMCO are required to collect the following information:

  • Name of account owner
  • Date of birth (if an individual)
  • Address (street)
    • Identification number
    • U.S. citizen: TIN or social security number
    • Non-U.S. citizen: TIN; passport number and country of issuance; alien identification card number; or government-issued identification showing nationality, residence and a photograph
  • You may also need to show your driver’s license or other identifying documents.
  • A corporation, partnership, trust or other legal entity may need to provide other information such as its principal place of business, local office, employer identification number, certified articles of incorporation, government-issued business license, a partnership agreement or a trust agreement.

We may be required to disclose this information pursuant to applicable laws, rules or regulations, but it will otherwise be retained in confidence and disclosed only as set forth in our Privacy Pledge.

Cost Containment

FAMCO offers cost containment in the field of fund investment and investment portfolio construction.

Non-U.S. residents

This Site is published in the United States. It is only directed at and approved for distribution to and use by: (a) residents of the United States and (b) residents of other countries only as allowed by the laws of the applicable jurisdiction. Financial services provided by Piper Jaffray and its Affiliates are available only to such persons. Other persons should not rely or act upon any such information on this Site. We reserve the right to require proof of residence from any user accessing this Site and requesting information.

Trademarks

All of the trademarks and service marks used or displayed on this Site, including the “look and feel” of this Site (collectively, the “Marks”), are registered or unregistered trademarks of Piper Jaffray, its Affiliates including FAMCO or other third parties, all of whom reserve all rights in their Marks. Nothing on this Site may be construed as granting any license or right to use any of the Marks displayed on this Site without the prior express written permission of Piper Jaffray or the owner of the Mark. In particular, you may not use any Mark displayed on this Site without the prior written approval of Piper Jaffray or the owner of the Mark.

Copyrights

This Site, including the software and code that comprise and operate this Site and all of the content of this Site, including all of the text, images, photographs, illustrations, graphics, audio clips, and video clips and other materials posted on this Site, all pages and screens, and all related metadata (collectively, the “Content”) are protected under U.S. and international copyright and other intellectual property laws and treaties. All rights in the Site, including the Content of this Site, including all worldwide copyrights, are owned by Piper Jaffray, its Affiliates, their licensors, and other third parties, each of whom reserves all of its rights. The entire Content of this Site is copyrighted as a collective work under U.S. and international copyright laws and treaties, and Piper Jaffray owns and reserves all rights in the copyright in the selection, coordination, arrangement and enhancement of the Content of this Site.

You may download selected Content displayed on this Site for your own personal use or for your company’s internal business use, provided (a) you do not remove or modify any copyright, trademark, or other proprietary notices or any disclosures; (b) you agree to any terms, conditions, and notices accompanying the Content; and (c) you comply with all copyright and other intellectual property laws. This limited, revocable, non-transferable privilege to use the Content in no way constitutes a transfer of any right, title or interest in the Content you download. You may not under any circumstances (a) modify the Content or use or exploit it for any commercial purpose (except for your company’s internal business use); (b) decompile, reverse engineer, or disassemble the any part of this Site, including its Content; or (c) upload, post or use any Content on any other Web site or any networked computer environment.

No part of this Site, including the Content, may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, displayed or performed publicly, modified or used to create derivative works, or exploited or used in any manner or form except as expressly provided above (or as expressly specified on this Site) without first obtaining written permission from Piper Jaffray or the rights holder.

Third-Party Content

Some of the information available through this Site are provided to Piper Jaffray or its Affiliates including FAMCO by third parties. These third-party materials are provided for your interest and convenience only. Piper Jaffray and its Affiliates do not endorse these materials or the vendors who supply them, nor do we warrant or represent that these materials are current, accurate, complete, relevant or reliable. It is your responsibility to evaluate the currency, accuracy, completeness, relevance and reliability of all information obtained or provided through this Site. You use these third-party materials at your own risk.

Unsolicited Ideas

We welcome your comments and feedback regarding this Site and our products and services, including your ideas for new products and services (your “Comments”). All such Comments will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. By submitting Comments, you assign to Piper Jaffray, free of charge, all of your right, title and interest in all copyrights and other intellectual property rights in your Comments and all related know-how. We will be entitled to use, make, reproduce, disclose, distribute, perform publicly, display publicly, create derivative works of, and reduce to practice any Comments submitted to us, for any purposes whatsoever, without restriction and without compensating you in any way.

Links to Other Piper Jaffray Sites

This Site may contain links to other Web sites operated by Piper Jaffray or its Affiliates (“Piper Jaffray Site(s)”). These other Piper Jaffray Sites are separate and distinct Web sites. Each serves a different purpose. Each other Piper Jaffray Site is therefore governed by its own terms of use. You are responsible for reviewing the terms of use posted on each Piper Jaffray Site you visit.

Links to Sites Operated by Third Parties

This Site may provide links to Web sites operated by third parties. We are not responsible for examining or evaluating, and we do not endorse or warrant the information, programs, products, services or other offerings of any of these businesses or individuals nor the currency, accuracy, completeness, relevance or reliability of the content of their Web sites. We do not assume any responsibility or liability with respect to these third-party Web sites. If you decide to use a link on this Site to access any third-party Web site, you do so at your own risk. Before you use any Web site you should review the applicable terms of use and policies.

Interpretation

As used in these Terms of Use, the term “including” means “including, but not limited to.”

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Piper Jaffray or one of its Affiliates including FAMCO of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.

Governing Law, Jurisdiction and Venue

The Piper Jaffray headquarters are located in Minneapolis, MN U.S.A. These Terms of Use shall be governed under the laws of the State of Minnesota without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use shall be venued exclusively in state or federal court in Hennepin County, MN. You and your company hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

Entire Agreement

These Terms of Use, as supplemented or amended by the disclosures and notices posted on this Site and any click-through agreements, (a) contain the entire understanding and agreement between you and your company (if any) and Piper Jaffray and its Affiliates including FAMCO with respect to your and your company’s use of this Site, and (b) supersede all previous communications, negotiations and agreements, whether oral, written, or electronic, between you and Piper Jaffray and its Affiliates with respect to this Site and your and your company’s use of this Site.

Questions regarding these Terms of Use

If you have questions regarding these Terms of Use, please contact us.