Access to the FirstSouthwest Web site defined below is provided by FirstSouthwest. For purposes of this agreement, FirstSouthwest shall mean First Southwest Company and its affiliates, and their officers, directors, partners, agents, advisors and employees. The “web site” shall mean the Web site of FirstSouthwest available to the general public and located at www.firstsw.com and select other domains.
MONITORING BY FIRSTSOUTHWEST. Your use of the products and services on the Web site may be monitored by FirstSouthwest, and the resultant information may be used by FirstSouthwest for its internal business purposes or in accordance with the rules of any applicable regulatory or self-regulatory organization.
NO WARRANTIES MADE AS TO CONTENT; NO RESPONSIBILITIES TO UPDATE. FIRSTSOUTHWEST MAKES NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING THIS SERVICE. THE SERVICES PROVIDED BY US AND OUR THIRD PARTY PROVIDERS ARE ON AN “AS IS” BASIS AT YOUR SOLE RISK. FIRSTSOUTHWEST EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING ANY WARRANTY FOR THE USE OR THE RESULTS OF THE USE OF THE SERVICES WITH RESPECT TO THEIR CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY.
Neither FirstSouthwest nor any of its third party providers shall have any responsibility to maintain the data and services made available on this Web site or to supply any corrections, updates, or releases in connection therewith. Availability of data and services are subject to change without notice.
NO LIABILITY FOR CONTENT; NO LIABILITY ARISING FROM USE. FirstSouthwest shall have no liability, contingent or otherwise, to you or to third parties, or any responsibility whatsoever, for the failure of any connection or communication service to provide or maintain your access to this service, or for any interruption or disruption of such access or any erroneous communication between FirstSouthwest and you, regardless of whether the connection or communication services are provided by FirstSouthwest or a third party service provider. FirstSouthwest shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or delays, omissions, or interruptions in the delivery of the data and services available on this Web site or for any other aspect of the performance of this service or for any failure or delay in the execution of any transactions through this service. In no event will FirstSouthwest be liable for any special, indirect, incidental, or consequential damages which may be incurred or experienced as a result of you using the data or services made available on this Web site, even if FirstSouthwest has been advised of the possibility of such damages. FirstSouthwest will have no responsibility to inform you of any difficulties experienced by FirstSouthwest or third parties with respect to the use of the services or to take any action in connection therewith.
NO WARRANTIES MADE AS TO SECURITY. FirstSouthwest makes no warranty whatsoever to you, express or implied, regarding the security of the site, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through this service.
SYSTEM OUTAGES, SLOWDOWNS, AND CAPACITY LIMITATIONS/DELAYS IN ORDER ROUTING, EXECUTIONS, AND TRADE REPORTS. As a result of high internet traffic, transmission problems, systems capacity limitations, and other problems, you may, at times, experience difficulty accessing the Web site or communicating with FirstSouthwest through the Internet or other electronic and wireless services. Any computer system or other electronic device, whether it is yours, an Internet service provider’s or FirstSouthwest’s, can experience unanticipated outages or slowdowns or have capacity limitations.
CONTENT NOT TO BE CONSTRUED AS A SOLICITATION OR RECOMMENDATION. This material has been prepared for informational purposes only without regard to any particular user’s investment objectives, financial situation, or means, and FirstSouthwest is not soliciting any action based upon it. This material is not to be construed as a recommendation; or an offer to buy or sell; or the solicitation of an offer to buy or sell any security, financial product, or instrument; or to participate in any particular trading strategy in any jurisdiction in which such an offer or solicitation, or trading strategy would be illegal. Certain transactions, including those involving options, give rise to substantial risk and are not suitable for all investors. Although this material is based upon information that FirstSouthwest considers reliable and endeavors to keep current, FirstSouthwest has not verified this information and does not represent that this material is accurate, current, or complete and it should not be relied upon as such.
NO DETERMINATION OF SUITABILITY HAS BEEN MADE; NOT ALL RISKS ARE DISCLOSED; PRIVATE ADVISORS SHOULD BE CONSULTED. The fact that FirstSouthwest has made the data and services provided on this Web site available to you constitutes neither a recommendation that you enter into a particular transaction nor a representation that any product described on this Web site is suitable or appropriate for you. Many of the products described on this Web site involve significant risks, and you should not enter into any transactions unless you have fully understood all such risks and have independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or a complete discussion of the risks that are mentioned. You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult your business advisor, attorney, and tax and accounting advisors concerning any contemplated transactions.
NO REPRESENTATIONS MADE AS TO OTHER SITES OR LINKS. This service may provide links to certain Internet sites (the “Sites”) sponsored and maintained by third parties. FirstSouthwest is providing such links solely as a convenience to you. Accordingly, FirstSouthwest makes no representations concerning the content of the Sites. The fact that FirstSouthwest has provided a link to the Site does not constitute an endorsement, authorization, sponsorship, or affiliation by FirstSouthwest with respect to the Site, its owners, or its providers. FirstSouthwest has not tested any information, software, or products found on any of the Sites and therefore does not make any representations with respect thereto, including any representations regarding the content or sponsors of the Site, or the suitability or appropriateness of the products or transactions described therein.
TRADEMARK NOTICES. “FirstSouthwest,” “FirstSouthwest, A Plains Capital Company,” and the buffalo design symbol used on this Web site to identify FirstSouthwest services are trademarks and service marks of First Southwest Company and its affiliates. Other featured words or symbols used on this Web site to identify other parties’ goods and services may be trademarks or service marks of those other parties.
LEGAL ENTITY DISCLOSURE. FirstSouthwest is the marketing name for First Southwest Company and its affiliates. Financial advisory and other investment banking activities are performed by First Southwest Company, member of FINRA and SIPC. Investment advisory activities are performed by First Southwest Asset Management, Inc. and FSW Advisory Services, Inc. Leasing activities are performed by First Southwest Leasing Company. For more information, please refer to First Southwest Company’s Form BD and First Southwest Asset Management, Inc. and FSW Advisory Services, Inc.’s respective Forms ADV, Part II or other relevant disclosure documents.