Ownership of Site and Trademarks/Lawful Use
Lyell owns and maintains this site. Nothing on this site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any photograph, image, trademark, logo or service mark on the site. No act of downloading or otherwise copying from this site will transfer title to any software or material on this site to you. Anything that you transmit to this site becomes the property of Lyell, may be used by Lyell for any lawful purpose, and is further subject to disclosure as deemed appropriate by Lyell, including to any legal or regulatory authority to which Lyell is subject. Lyell reserves all rights with respect to copyright and trademark ownership of all material on this site, and will enforce such rights to the full extent of the law. This site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products, or services obtained from this site.
No Offer of Securities – Disclosure of Interests
Under no circumstances should any material on this site be used or considered as an offer to sell or a solicitation of any offer to buy an interest in any securities or the rendering of personalized investment advice for compensation. The material on this website does not constitute, and may not be used in connection with, an offer or solicitation by anyone in any jurisdiction in which such offer or solicitation is not permitted by law or in which the person making such offer or solicitation is not qualified to do so or to any person to whom it is unlawful to make such offer or solicitation.
While Lyell uses reasonable efforts to update the information on this site, Lyell makes no representations or warranties as to the accuracy, reliability or completeness of any information on this site. Opinions, advice and any other content on this website, including the terms and conditions of your use of this service, are subject to change without notice or liability.
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Material to be Consulted in its Entirety
All materials on this site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
The materials on this site are provided “as is” without warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law. Lyell further assumes no responsibility for, and makes no warranties that, functions contained on this site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available will be free of viruses or other harmful components. Lyell shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed, on your computer or other property on account of your accessing or use of this site. Lyell does not make any representation or warranties as to the accuracy, timeliness, suitability, completeness or relevance of any information prepared by any unaffiliated third party whether linked to Lyell’s website or incorporated herein. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
Limitation of Liability
IN NO EVENT SHALL LYELL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFIT, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR THE MATERIAL CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE. IN NO EVENT SHALL LYELL TOTAL LIABILITY FOR ANY AND ALL DAMAGES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE USE OF THIS WEBSITE.
Certain laws do not allow limitations or implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
In the event any of the terms or provisions of these terms and conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These terms and conditions shall be subject to any other agreements you have entered into with Lyell.
Global Dealing Restrictions
The materials and services on this website are intended for U.S. persons only. Lyell makes no representation that this website is appropriate for use in all locations, or that transactions, securities, products, instruments or services discussed on this website are available or appropriate for sale or use in all jurisdictions, or by all investors or counter parties. Those who access this website are responsible for compliance with applicable local laws or regulations. No software on this website may be downloaded or otherwise exported in contravention of U.S. Department of Treasury or U.S. Department of Commerce regulation.
These terms and conditions shall be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and entirely to be performed within the State of California without resort to its conflict of law provisions.
Lyell is a registered investment adviser with an office in Menlo Park, CA. Lyell is registered with the U.S. Securities and Exchange Commission (“SEC”). Registration of an investment adviser does not imply any certain level of skill or training. Lyell’s website is limited to the dissemination of generic information pertaining to its advisory business and other general investment-related information and links. All such information is provided solely for convenience purposes only and all users thereof should be guided accordingly.
Past performance is not indicative of future results. Therefore, no current or prospective client should assume that future performance of any specific investment or strategy (including those recommended by Lyell) or product made reference to directly or indirectly by Lyell in its website, or indirectly via a link to an unaffiliated third party website, will be profitable or equal the corresponding indicated performance level(s). 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 or prospective client’s investment portfolio. Historical performance results, investment indices and/or categories generally do not reflect the deduction of transaction fees, the deduction of an investment management fee, nor the impact of taxes, the incurrence of which have the effect of decreasing historical performance results. No client or prospective client should assume that any such discussion serves as receipt of, or a substitute for, personal advice from Lyell or from any other investment professional.
Lyell Perspectives – Economic and Market Commentary Disclaimer
The opinions expressed herein are those of Lyell and are subject to change without notice. Past performance is not a guarantee or indicator of future results. The information contained herein is not investment advice. You should not consider the information and commentary published herein as a recommendation to buy or sell any particular security. You should not assume that any of the securities discussed in the commentary published herein are or will be purchased for your account, or are or will be profitable, or that recommendations we make in the future will be profitable or equal the performance of the securities listed in commentary. Consider the investment objectives, risks, and expenses before investing.