Limited License to Use the Site
Spring Mountain grants you a limited, nonexclusive license to display and otherwise use portions of the Site solely for your own private informational purposes only, and to print pages from the Site only in connection with that use. You may not modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Site.
No Offer of Securities
Under no circumstances should any material in the Site be used or considered as an offer to sell or a solicitation of an offer to buy any interest in Spring Mountain or any of its affiliates, or any other security or product. The Site does not constitute any form of invitation or inducement by Spring Mountain or its affiliates to engage in any type of investment or other activity nor does it constitute any form of investment advice.
Franklin Management No-Action Letter Disclosures
The securities listed on the website include all fund holdings, not based on performance, and is neither an offer to sell nor a solicitation of an offer to purchase interests in any SMC Fund (“Fund”) or any other investments on products sponsored or advised by SMC or its affiliates, nor does it constitute an offer or a solicitation to otherwise provide investment advisory services. Such an offer or solicitation may be made only by the current Confidential Offering Documents for the Fund or such other products. Potential investors must read carefully, and in their entirety, all offering documents prepared by SMC relating to an investment for a fuller description of the merits and risks of the investment. This presentation does not constitute a part of said documents, and may not be used as, a recommendation of any security, investment program or vehicle. There is no assurance that any securities discussed herein will remain in the Fund’s portfolio at the time you receive this presentation or that securities sold have not been repurchased. The securities discussed do not represent the Fund’s entire portfolio and in the aggregate may represent only a small percentage of the Fund’s portfolio holdings. It should not be assumed that any of the securities transactions or holdings discussed were or will prove to be profitable, or that the investment recommendations or decisions we make in the future will be profitable or will equal the investment performance of the securities discussed herein.
Portions of the Site are password-protected and are accessible only to users who have been issued passwords by an authorized representative of Spring Mountain. You may not download, view, print, use or otherwise seek to gain access to any material that is held in any parts of the Site that are restricted or password-protected unless you have proper authorization or have been issued a valid password.
In using portions of the Site, you may be asked to provide Spring Mountain with personal information about you. Personal information is any information that can be used to identify or contact a specific individual or company. In providing any information to Spring Mountain in the use of or access to the Site, you warrant that such information is true, accurate and complete in all respects and you agree to promptly notify Spring Mountain of any changes to that information.
While Spring Mountain uses reasonable efforts to update the information contained in the Site, Spring Mountain makes no representations or warranties as to the accuracy, reliability or completeness of any information in the Site. Certain information contained on this Site constitutes “forward-looking statements.” Due to the various risks and uncertainties, actual events or results in the actual performance of Spring Mountain’s strategies may differ materially from those reflected or contemplated in such forward-looking statements. Opinions expressed herein are based on current expectations, estimates, projections, opinions and beliefs of Spring Mountain. Such statements involve known and unknown risks, uncertainties and other factors, and undue reliance should not be placed thereon. Unless specified, any views reflected herein, and any content of the Site, are subject to change without notice.
Materials to be Consulted in Their Entirety
All materials on the 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 or disclosures 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.
Links to and from Third Party Websites
Spring Mountain makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
SPRING MOUNTAIN, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, MEMBERS, PARTNERS, SHAREHOLDERS, AGENTS AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THE SITE. ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND. SPRING MOUNTAIN HEREBY FURTHER DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY. YOUR USE OF THE SITE AND USE OR RELIANCE UPON ANY OF THE MATERIALS ON IT IS SOLELY AT YOUR OWN RISK. SPRING MOUNTAIN FURTHER ASSUMES NO RESPONSIBILITY FOR, AND MAKES NO WARRANTIES THAT, FUNCTIONS CONTAINED AT 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. SPRING MOUNTAIN SHALL NOT BE LIABLE FOR ANY DAMAGES TO, VIRUSES THAT MAY INFECT, OR SERVICES, REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED ON, YOUR COMPUTER ON ACCOUNT OF YOUR ACCESSING THIS SITE.
Limitation of Liability
IN NO EVENT SHALL SPRING MOUNTAIN, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, MEMBERS, PARTNERS, SHAREHOLDERS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE SITE OR WITH ANY DELAY IN USING THE SITE, (II) ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE SITE, OR (III) OTHERWISE ARISING OUT OF THE USE OF THE SITE, IN EACH CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF SPRING MOUNTAIN, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, MEMBERS, PARTNERS, SHAREHOLDERS, AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.