Legal

LIMITATION TO CERTAIN U.S. RESIDENTS

This Website is intended for use by residents of the United States only and only in those states in which SYNDICATED CAPITAL, INC. may lawfully transact business. Nothing included within this website can be construed to be in any way any offer or sale of securities, or a solicitation of any offer or sale of securities in those jurisdictions where SYNDICATED CAPITAL, INC. may not lawfully transact business. Investors outside of the United States are governed by different regulations and laws that have not been included in this site. Therefore, SYNDICATED CAPITAL, INC. may request proof of citizenship from persons accessing this site.

DISCLAIMER OF WARRANTY

All information on this Website is provided “AS IS” without warranty of any kind. SYNDICATED CAPITAL, INC. makes no representations, guarantees or warranties, either express or implied, as to the accuracy, completeness or timeliness of the information contained on this Website and expressly disclaims any warranties of merchantability or fitness for a particular purpose and disclaims any obligation to update or correct any information contained in this Website that may become inaccurate or dated.

LIMITATION OF LIABILITY

By accessing this Website, you assume all of the risk associated with using it. SYNDICATED CAPITAL, INC. is not liable for any losses or harm to you and/or any third parties as a result of visiting this Website and/or the use of information obtained on this site, including but not limited to, personal or business financial losses, damage to computer hardware, software, or destruction of data due to a virus. In no event will SYNDICATED CAPITAL, INC., its affiliates, officers, directors, employees, agents or successors be liable to you for damages of any kind, including, but not limited to, direct, special, indirect, consequential, or incidental damages arising from your use of this Website even if you notify SYNDICATED CAPITAL, INC. of such possibility.

ELECTRONIC COMMUNICATION

When using this site, you agree not to use E-mail to send messages to SYNDICATED CAPITAL, INC. giving instructions about your account, including, but not limited to, any order to buy or sell any security, contract or financial instrument of any kind, to transfer funds or to transmit any other time-sensitive instructions. SYNDICATED CAPITAL, INC. will not be liable for any act or failure to act based on an E-mail message that you have sent to SYNDICATED CAPITAL, INC. You agree to assume sole responsibility for any action taken in good faith by SYNDICATED CAPITAL, INC. based upon any E-mail message received by SYNDICATED CAPITAL, INC. from you. WARNING: All E-mail sent to or from this Website address will be received or otherwise recorded by the SYNDICATED CAPITAL, INC. corporate E-mail system and is subject to archival, monitoring or review by, and/or disclosure to, someone other than the recipient.

LINKED SITES

SYNDICATED CAPITAL, INC. may from time-to-time provide “hypertext links” and/or “hyperlinks” on its website for your convenience but it has not reviewed these linked sites for accuracy of contents and makes no warranty nor assumes any responsibility for the content or use of a linked site. Your use of a linked site is at your own peril, and SYNDICATED CAPITAL, INC. assumes no responsibility or liability for any losses or adverse consequences resulting from your and/or a third party’s use of a linked site.

PRIVACY

You are asked to provide personal information at certain locations on this Website. Although you are not required to provide such personal information, if you voluntarily do so, you agree that this personal information may be disclosed to SYNDICATED CAPITAL, INC. employees for legitimate business reasons as well as to government agencies in connection with SYNDICATED CAPITAL, INC.’s regulatory and legal obligations of disclosure. Although SYNDICATED CAPITAL, INC. will make reasonable efforts to keep information obtained through your accessing this Website confidential, SYNDICATED CAPITAL, INC. can neither guarantee the security nor the confidentiality of the information that you provide since the Internet is in the public domain.

COPYRIGHT

The information contained on this Website is protected by a copyright. If you download any information from this site, you agree that you will not copy it or remove or conceal the copyright on such information. Other brand and product names which appear on this site are the trademarks/service marks of their respective owners.

By accessing the SYNDICATED CAPITAL, INC. Website, you agree to the following additional terms and conditions:

  1. SERVICES PROVIDED

    SYNDICATED CAPITAL, INC. provides electronic access to certain services and information (“Services”) to you through its website. The Services include, but are not necessarily limited to, the provision of information (“Information”) through the Site by means of a contractual relationship with an unaffiliated Internet service provider. SYNDICATED CAPITAL, INC. may cancel or change the Services or registration requirements at any time upon printed or electronic notice to you. Your use of the Services following the posting or notice of any changes will constitute acceptance of any such changes.

  2. USE CODES

    As part of the registration process, you may be asked to select a user name and password. The user name and password are for your personal use only. You shall at all times maintain the confidentiality of the user name and password and shall not disclose them to any third party. You shall be fully responsible for all statements made and acts or omissions that occur while your user name and password are being used. SYNDICATED CAPITAL, INC. shall not be responsible for any breach of security caused by your failure to maintain the confidentiality of the user name or password. You shall notify your Registered Representative at SYNDICATED CAPITAL, INC. immediately in the event of loss, theft, disclosure or unauthorized use of your user name or password. SYNDICATED CAPITAL, INC. may terminate your access to the Services in connection with unauthorized use of your user name or password or at any time without prior notice.

  3. RECORDING
    You acknowledge and consent to the tape recording or any form of electronic recording by SYNDICATED CAPITAL, INC. for its uses and purposes of any communication, information or data used or input in connection with your use of the Services, whether electronic or otherwise.
  4. ELECTRONIC COMMUNICATION

    If you communicate electronically by sending an E-mail message to SYNDICATED CAPITAL, INC., you shall not use E-mail for the transmission of orders to purchase or sell a security or to transfer funds or securities, or to transmit any personal credit information (including credit card numbers), to give notice of a change of address, or to give any time-sensitive instruction or any instruction affecting any account(s) at SYNDICATED CAPITAL, INC. SYNDICATED CAPITAL, INC. shall have no liability for any actions taken or any omissions to act as a result of any E-mail message sent to SYNDICATED CAPITAL, INC.

  5. PROPERTY RIGHTS IN INFORMATION AND SERVICES; SUITABILITY AND COMPLIANCE WITH LAW
    1. The Services and any Information associated with the Services are for personal, non-commercial use only. You may download the Information to your computer or other electronic data processing equipment and print out a hard copy for personal reference and use by you only. You shall never remove any copyright or other notices contained on any such Information.
    2. You acknowledge that the Services and the Information are the property of SYNDICATED CAPITAL, INC. and are protected by applicable copyright, patent, trademark or other intellectual property law. Except as expressly authorized herein, you shall not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate, or commercially exploit any of such Information or any of the Services provided in any manner (including electronic, print or other media now known or hereafter developed) without the prior written consent of SYNDICATED CAPITAL, INC. You shall not use the Information or Services for any unlawful purpose. You shall comply with any request made by SYNDICATED CAPITAL, INC. for the purpose of protecting rights in the Information and Services.
    3. Although the Information includes material about the investment process generally as well as research commentary relating to specific securities, SYNDICATED CAPITAL, INC. does not intend to provide investment advice through the Site, does not represent that any such securities are suitable for you or for any particular person and does not through this Site recommend the purchase, sale or holding of any securities mentioned in the Information. Such Information shall not be deemed to be a solicitation of a transaction by SYNDICATED CAPITAL, INC. or any other person. The Information contained on the Site reflects the authors’ analysis as of the published date. The accuracy, completeness or timeliness of such Information cannot be guaranteed and is subject to change. Further, the price for any security contained in any section of the Site may differ from the then-current price for that security. SYNDICATED CAPITAL, INC. shall have no obligation to update the Information to reflect circumstances that may occ ur after the earlier of the date first appearing on the Site or the date contained on the Information. Neither the Services nor any of the Information is intended to be used as tax or legal advice. You shall consult with your tax and legal advisors for such advice and shall not rely on any Information at the Site.
    4. In the event any of the Services or any links included on the Site provide access to any World Wide Web site or Internet location or source of information of any company, organization or person other than SYNDICATED CAPITAL, INC., or to any other Internet location, you acknowledge and agree that SYNDICATED CAPITAL, INC. shall not be responsible for any information or other links found at any such World Wide Web site or Internet location or source of information, or for your use of such information. Such links, if any, are provided only as a convenience and not as a result of any endorsement of the site or its contents by SYNDICATED CAPITAL, INC. There are inherent risks in the use of any software or information found on the Internet, all of which risks are assumed fully by you by making any use of the Services.
    5. Transmission or use of any material in violation of this Agreement, or any applicable law, rule or regulation (whether of the United States or other countries), or the rights of any third party is prohibited. This includes, but is not limited to, copyrighted material, material which is defamatory, threatening, obscene, lewd or indecent, material protected by trademark, trade secret or patent laws, or material that results in an invasion of privacy.
  6. WARRANTIES AND LIMITATION OF LIABILITY REGARDING THE SERVICES DESCRIBED HEREIN
    1. THE ACCURACY, COMPLETENESS, SEQUENCE OR TIMELINESS OF THE INFORMATION CANNOT BE GUARANTEED. SYNDICATED CAPITAL, INC. AND ITS AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS SHALL NOT HAVE ANY RESPONSIBILITY FOR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES YOU MAY INCUR FOR ANY RELIANCE BY YOU ON INFORMATION CONTAINED IN THE SYNDICATED CAPITAL, INC. SITE OR FOR THE RELIABILITY, ACCURACY, COMPLETENESS, SEQUENCE OR TIMELINESS THEREOF, OR FOR ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY PART OF THE INFORMATION OR SERVICES, OR FOR ANY UNAUTHORIZED USE OF E-MAIL OR ANY OTHER SERVICES.
    2. ANY SECURITIES PRICE QUOTATIONS PROVIDED AS PART OF THE SERVICES MAY BE DELAYED AND MAY NOT REFLECT THE PRICES AT WHICH THE QUOTED SECURITIES MAY BE BOUGHT OR SOLD AT THAT TIME. NO DECISIONS TO BUY OR SELL SECURITIES SHOULD BE MADE BASED ON SUCH QUOTATIONS OR ON ANY OTHER INFORMATION ACCESSED ON OR THROUGH THE SITE. SYNDICATED CAPITAL, INC. MAY MODIFY OR DISCONTINUE THE AVAILABILITY OF THE SERVICES TO ANY PERSON AT ANY TIME. YOU AGREE NOT TO ASSERT ANY CLAIM AGAINST SYNDICATED CAPITAL, INC. OR ANY OF ITS AFFILIATES FOR ANY DAMAGES ARISING FROM YOUR USE OF ANY OTHER SERVICES OR FROM ANY DISCONTINUATION OR MODIFICATION OF ALL OR PART OF THE SERVICES OR INFORMATION.
    3. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SYNDICATED CAPITAL, INC. AND ITS AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS HEREBY EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ERROR-FREE AND UNINTERRUPTED SERVICES. SYNDICATED CAPITAL, INC. DOES NOT WARRANT, GUARANTY, OR MAKE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, OR ASSUME ANY LIABILITY REGARDING (i) THE USE OR THE RESULTS OF THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY FINANCIAL RESULTS BASED ON USE OF THE SERVICES OR INFORMATION OR ANY DELAY OR LOSS OF USE OF THE SERVICES, OR (ii) SYSTEM PERFORMANCE AND EFFECTS ON OR DAMAGES TO SOFTWARE AND HARDWARE IN CONNECTION WITH ANY USE OF THE SITE, SERVICES, AND INFORMATION.
    4. IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT SYNDICATED CAPITAL, INC. SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY THE TRANSMISSION, THROUGH THE SERVICES OR INFORMATION, OF A COMPUTER VIRUS, OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OF THE SERVICES OR ANY SOFTWARE, HARDWARE, DATA OR PROPERTY OF YOURS OR ANY OTHER PERSON.
    5. IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, SYNDICATED CAPITAL, INC. MAKES NO REPRESENTATION OR WARRANTY AND ASSUMES NO LIABILITY REGARDING THE QUALITY, SAFETY, ACCURACY, OR SUITABILITY OF ANY INFORMATION OR SOFTWARE FOUND ON ANY WORLD WIDE WEB OR INTERNET SITE NOT UNDER SYNDICATED CAPITAL, INC.’S CONTROL, INCLUDING, BUT NOT LIMITED TO, ANY SITE THAT MAY BE ACCESSED THROUGH A LINK AVAILABLE ON THE SYNDICATED CAPITAL, INC. SITE.
    6. SYNDICATED CAPITAL, INC. AND ITS AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES INCURRED BY YOU OR BY ANY PERSON UTILIZING YOUR USER NAME AND PASSWORD RELATED IN ANY WAY TO USE OF THE SERVICES AND INFORMATION OR FOR LOSSES CAUSED BY THE NEGLIGENCE, ACTIONS OR FAILURE TO ACT OF ANY THIRD PERSON OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (REGARDLESS OF WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE), OR FOR ANY LOSS THAT RESULTS FROM A CAUSE OVER WHICH SYNDICATED CAPITAL, INC. OR ANY OTHER SUCH ENTITY DOES NOT HAVE CONTROL, INCLUDING, BUT NOT LIMITED TO, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT, UNAUTHORIZED ACCESS, STRIKES, FAILURES OF COMMON CARRIER OR UTILITY SYSTEMS, SEVERE WEATHER, OR OTHER CAUSES BEYOND SYNDICATED CAPITAL, INC.’S CONTROL.
  7. CONFIDENTIALITY

    You acknowledge that information created, input or developed in connection with the use of the Services can be accessed through the Internet and that there can be no assurance that such information, any Information provided through the Services, or any communication through E-mail will remain secure. SYNDICATED CAPITAL, INC. may disclose such information to its employees, representatives, officers, agents, contractors and affiliates, as well as governmental entities (a) for any purpose related to the conduct of SYNDICATED CAPITAL, INC.’s business or to the offering, providing or maintaining of the Services, (b) to comply with applicable rules, orders, subpoenas or other legal process, or in order to give information to any regulatory authority, government agency or official requesting such information, or (c) for any other legitimate business purpose.

  8. GOVERNING LAW
    This Agreement and all the terms herein shall be governed by and construed in accordance with the laws of the State of California without giving effect to principles of conflicts of law. Resale and/or any commercial redistribution of the Services or Information are not permitted. Your rights and obligations under this Agreement may not be assigned without the prior written permission of SYNDICATED CAPITAL, INC.

    SYNDICATED CAPITAL, INC. may modify this Agreement at any time upon written notice or posting to the Site. If you use the Services (or any of them) after such notification of changes in the Agreement, you shall be bound by all such changes. Should any term or provision of this Agreement be deemed or held to be invalid or unenforceable, the remaining terms and provisions shall continue in full force and effect.

    SYNDICATED CAPITAL, INC.’s failure to insist at any time upon strict compliance with any term of this Agreement, or any delay or failure on SYNDICATED CAPITAL, INC.’s part to exercise any power or right given to SYNDICATED CAPITAL, INC. in this Agreement, or a continued course of such conduct on SYNDICATED CAPITAL, INC.’s part, or any combination of the foregoing shall at no time operate as a waiver of such power or right, nor shall any single or partial exercise preclude any other future exercise. All rights and remedies of SYNDICATED CAPITAL, INC. in this Agreement are cumulative and not exclusive of any other rights or remedies which SYNDICATED CAPITAL, INC. otherwise has at law or equity.

  9. INDEMNIFICATION

    You hereby agree to indemnify and hold harmless SYNDICATED CAPITAL, INC. and all of its directors, officers, employees, control persons, vendors, contractors, licensors and agents from and against any and all claims, losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees and costs) arising out of or related to your breach of agreements, representations and warranties contained in this Agreement or the use of the Services or Information under your user name or password (i) in violation of this Agreement, (ii) in violation of any rights of SYNDICATED CAPITAL, INC. or any other person indemnified hereunder, including (but not limited to) copyright, patent, trade secret, trademark, or other intellectual property rights and publicity and privacy rights, or (iii) in violation of any applicable law, rule or regulation, or (iv) in violation of your agreement to maintain the security of your user name and password in accordance with the Agreement. This indemnification shall be binding upon you and your executors, heirs, successors and assigns

  10. LINKED SITES

    You may access additional information through the accompanying links, subject to these conditions: Such information was not prepared by SYNDICATED CAPITAL, INC. and is not subject to the control of SYNDICATED CAPITAL, INC. SYNDICATED CAPITAL, INC. shall have no liability for any loss or damage resulting in any manner from such information or from any access to, or use of, such information, whether as to its accuracy, timeliness, currency, sequence, display, usefulness, completeness, suitability for any purpose or otherwise, including (but not limited to) any losses arising from any investment transaction made on the basis of any such information.

MARGIN DISCLOSURE STATEMENT

Your brokerage firm is furnishing this document to you to provide some basic facts about purchasing securities on margin, and to alert you to the risks involved with trading securities in a margin account. Before trading stocks in a margin account, you should carefully review the margin agreement provided by your firm. Consult your firm regarding any questions or concerns you may have with your margin accounts. When you purchase securities, you may pay for the securities in full or you may borrow part of the purchase price from your brokerage firm. If you choose to borrow funds from your firm, you will open a margin account with the firm. The securities purchased are the firm’s collateral for the loan to you. If the securities in your account decline in value, so does the value of the collateral supporting your loan, and, as a result, the firm can take action, such as issue a margin call and/or sell securities or other assets in any of your accounts held with the member, in order to maintain the required equity in the account.

It is important that you fully understand the risks involved in trading securities on margin. These risks include the following:

  • You can lose more funds than you deposit in the margin account. A decline in the value of securities that are purchased on margin may require you to provide additional funds to the firm that has made the loan to avoid the forced sale of those securities or other securities or assets in your account(s).
  • The firm can force the sale of securities or other assets in your account(s). If the equity in your account falls below the maintenance margin requirements, or the firm’s higher “house” requirements, the firm can sell the securities or other assets in any of your account held at the firm to cover the margin deficiency. You also will be responsible for any short fall in the account after such a sale.
  • The firm can sell your securities or other assets without contacting you. Some investors mistakenly believe that a firm must contact them for a margin call to be valid, and that the firm cannot liquidate securities or other assets in their accounts to meet the call unless the firm has contacted them first. This is not the case. Most firms will attempt to notify their customers of margin calls, but they are not required to do so. However, even if a firm has contacted a customer and provided a specific date by which the customer can meet a margin call, the firm can still take necessary steps to protect its financial interests, including immediately selling the securities without notice to the customer.
  • You are not entitled to choose which securities or other assets in your account(s) are liquidated or sold to meet a margin call. Because the securities are collateral for the margin loan, the firm has the right to decide which security to sell in order to protect its interests.
  • The firm can increase its “house” maintenance margin requirements at any time and is not required to provide you advance written notice. These changes in firm policy often take effect immediately and may result in the issuance of a maintenance margin call. Your failure to satisfy the call may cause the member to liquidate or sell securities in your account(s).
  • You are not entitled to an extension of time on a margin call. While an extension of time to meet margin requirements may be available to customers under certain conditions, a customer does not have a right to the extension.

DAY-TRADING RISK DISCLOSURE STATEMENT

You should consider the following points before engaging in a day-trading strategy. For purposes of this notice, a “day-trading strategy” means an overall trading strategy characterized by the regular transmission by a customer of intra-day orders to effect both purchase and sale transactions in the same security or securities.

Day trading can be extremely risky. Day trading generally is not appropriate for someone of limited resources and limited investment or trading experience and low risk tolerance. You should be prepared to lose all of the funds that you use for day trading. In particular, you should not fund day-trading activities with retirement savings, student loans, second mortgages, emergency funds, funds set aside for purposes such as education or home ownership, or funds required to meet your living expenses. Further, certain evidence indicates that an investment of less than $50,000 will significantly impair the ability of a day trader to make a profit. Of course, an investment of $50,000 or more will in no way guarantee success.

Be cautious of claims of large profits from day trading. You should be wary of advertisements or other statements that emphasize the potential for large profits in day trading. Day trading can also lead to large and immediate financial losses. Day trading requires knowledge of securities markets. Day trading requires in-depth knowledge of the securities markets and trading techniques and strategies. In attempting to profit through day trading, you must compete with professional, licensed traders employed by securities firms. You should have appropriate experience before engaging in day trading.

Day trading requires knowledge of a firm’s operations. You should be familiar with a securities firm’s business practices, including the operation of the firm’s order execution systems and procedures. Under certain market conditions, you may find it difficult or impossible to liquidate a position quickly at a reasonable price. This can occur, for example, when the market for a stock suddenly drops, or if trading is halted due to recent news events or unusual trading activity. The more volatile a stock is, the greater the likelihood that problems may be encountered in executing a transaction. In addition to normal market risks, you may experience losses due to system failures.

Day trading will generate substantial commissions, even if the per trade cost is low. Day trading involves aggressive trading, and generally you will pay commissions on each trade. The total daily commissions that you pay on your trades will add to your losses or significantly reduce your earnings. For instance, assuming that a trade costs $16 and an average of 29 transactions are conducted per day, an investor would need to generate an annual profit of $111,360 just to cover commission expenses.

Day trading on margin or short selling may result in losses beyond your initial investment. When you day trade with funds borrowed from a firm or someone else, you can lose more than the funds you originally placed at risk. A decline in the value of the securities that are purchased may require you to provide additional funds to the firm to avoid the forced sale of those securities or other securities in your account. Short selling as part of your day-trading strategy also may lead to extraordinary losses, because you may have to purchase a stock at a very high price in order to cover a short position.

Potential Registration Requirements. Persons providing investment advice for others or managing securities accounts for others may need to register as either an “Investment Advisor” under the Investment Advisors Act of 1940 or as a “Broker” or “Dealer” under the Securities Exchange Act of 1934. Such activities may also trigger state registration requirements.