These Terms and Conditions of Use (the “Agreement”) apply to you when you view, access or otherwise use the web site (“Site”) located at http://turkcapllc.com. The Site is owned by Turk Capital, LLC (“Company”).  By accessing, browsing and/or otherwise using this Site and its content, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations.  If you do not agree to all of these terms and conditions, you may not access, browse and/or use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law.

1. No Investment Advice.  No content published on the site is a recommendation to buy or sell any investment or a suggestion that any trading strategy is suitable for any specific person.  To the extent any of the content published on the Site may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.  As a user/visitor to the Site you agree to hold the Company harmless for any loss that may occur due to an investment or other transaction you may enter into due (partly or entirely) to information found on the Site.
   
   
2. Privacy. Your use of the Site constitutes your consent to the Company’s privacy policy posted from time to time on the Site.
   
   
3. From time to time the Company or its principal(s) may have a position in the indices or any other investments published on the Site.
   
   
4. Performance Information.  Performance information provided on this Site with respect to the SP500 is an unmanaged, market capitalization-weighted index published by Standard & Poor’s Corporation of returns on the common stocks of 500 large companies selected by Standard & Poor’s Index Committee whose shares are publicly traded in the U.S.  It assumes reinvestment of dividends and does not reflect deduction of any fees or expenses.  Although the SP 500 futures contracts traded by the Company are strongly correlated to the SP500 Index, the futures contracts are only guaranteed to be equal to the index upon expiration date, and any oscillation between a futures contract and the index is the difference of market “sentiment” between the futures contract and the index, and the two may not be perfectly correlated.  The Company does not make any representation or warranty, express or implied, as to the accuracy or completeness of the index performance nor any other performance published on the Site.  You are further advised that past results are not necessarily indicative of future results.
   
   
5. License and Use Restrictions. By accessing the Site, the Company grants you a non-exclusive, non-transferable, limited license to access the Site, which may consist of paid content and third party content, services and functions (collectively “Features”) that may change from time to time.  The license includes the right to download and temporarily store insubstantial portions of Data (“Downloaded Data”) to a storage device under your exclusive control solely for your use and excerpt from such Downloaded Data in the regular course of your research.  Subject to the foregoing usage restrictions, you may create printouts of Data for personal use and for distribution to another party if such third parties agree not to further distribute the printouts. Except as otherwise provided on the Site, all right, title and interest in this Site belong to the Company.  Except as expressly provided herein, nothing on the Site shall be construed as conferring any license or right under copyright, trademark, or other intellectual property rights.
   
   
6. Copyright Notice. All Site materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of the Company, or by the original creator of the material.  Permission is granted to display, copy, distribute, and download the materials on this Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on this Site for commercial use without prior written approval of the Company. You may not “mirror” any material contained on this Site on any other server without prior written permission from the Company. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
   
   
7. Hyperlinks.  You are granted a limited, nonexclusive right to create a “hypertext” link to this Site provided that such link is to the entry page of this Site and does not portray the Company or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any Company trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without the Company’s express written consent.  Any links to third party sites on this Site are provided solely as convenience to you. If you use these links, you will leave this Site.  The Company may not have reviewed all of these third party sites and does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof.  The Company does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party sites.
   
   
8. Modification of Terms and Conditions of Use. The Company reserves the right to revise these Terms and Conditions of Use at any time by updating this posting. Your continued use of the Site constitutes your agreement to comply with such revisions, so you should visit this page from time to time.
   
   
9. Email May Not Be Used to Provide Notice. Communications made through the Contact tab shall in no way be deemed to constitute legal notice to the Company or any of its officers, employees, agents or representatives, such as where notice to the Company is required by contract, or any federal, state or local laws, rules or regulations.
   
   
10. Disclaimer; Limitation of Damages.  The Company expressly disclaims all liability for any viruses or other contamination of your computer system or other device used to access this Site as a result of your use of this Site, and expressly disclaims all liability for actions taken or not taken based on any or all of the contents of this Site. THE SITE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.  USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.
    
    
11. Transmissions.  Any material, information or idea you transmit to this Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by the Company or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products.
    
    
12. Applicable Laws; Venue. If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The Company’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.  This Agreement may be assigned in whole or in part by the Company. This Agreement may not be assigned in any manner by you without the express, prior written permission of the Company. This Agreement shall be governed by and construed in accordance with the laws of the state of New Jersey notwithstanding any conflict of laws provisions. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the courts of state of New Jersey, Union County or in the next closest federal court (the “New Jersey Courts”) for any litigation arising out of or relating to these Terms and Conditions, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the New Jersey Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the New Jersey Courts represent the exclusive jurisdiction for all disputes relating to this Agreement.