Terms & Conditions
Please read these terms and conditions of use (the "Terms") required by Osterweis Capital Management ("OCM") carefully. By using this website, you signify your acceptance of the Terms. If you do not agree to these Terms, do not use this website. These Terms & Conditions expressly prohibit the framing or presentation of OCM's website content in any way that may create a misimpression or confusion among users with respect to sponsorship or affiliation.
Availability of Products and Services
This site is for informational purposes only by OCM, and is not intended to be a solicitation, offering or recommendation to buy or sell any securities, futures, options or other financial instruments or provide any investment advice or service.
The Osterweis Funds and other products and services described on this website are intended to be made available to
Modification and Monitoring of website
OCM reserves the right, at its discretion, to alter, modify, add, update or remove portions of these Terms at any time. Please review these Terms periodically for changes. Using this website after OCM posts Term changes constitutes your acceptance of the changed Terms. OCM expressly reserves the right to monitor any and all use of this website, and to block access to, or to terminate, this website at any time without prior notice.
Copyrights and Restrictions on Use of Materials
OCM owns and operates this website. All trademarks, service marks, trade names and other intellectual property displayed on this website are proprietary to OCM, except those belonging to other organizations as annotated. Nothing contained on this website should be construed as granting any license or right to use any trademark displayed on this website without OCM's written permission or the written permission of such third party, if any, that may own any trademark displayed on this website.
Other users and websites may not:
- Copy, reproduce, republish, upload, post, transmit or distribute in any way material from OCM's website or any website owned, operated, licensed or controlled by OCM.
- Copy, modify, or display OCM's name, logo, text, or graphic images in any way without OCM's express written authorization.
- Redistribute any of the pages, text, images or other content of OCM's website using "framing" technology without OCM's express written authorization.
- Modify or use the pages, text, images or other content from OCM's website for any other purpose. Doing so violates OCM's copyrights and other proprietary rights.
- However, individuals may, for personal, non-commercial use (1) download materials displayed on OCM's website, provided all copyrights and other proprietary notices respecting those materials are retained, and (2) bookmark or point to any page within OCM's website. No other links to this website are permitted without OCM's express written authorization.
Some pages on this website contain information maintained by third parties. Although the information is believed to be reliable, OCM and its agents do not guarantee the timeliness, accuracy or suitability of such information in any way and anyone who acts on the information does so entirely at their own risk. OCM and its agents are not responsible for the content of any links to off-site pages, nor is it responsible for any websites that may contain links to this website. Any such website will not have been reviewed by OCM or its agents, who shall not be liable for any loss or damage arising from your reliance upon information therein. Following links to any off-site pages or other websites shall be entirely at your own risk. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by OCM of any information contained in any third party web site.
There are no implied or expressed warranties on the materials in this website; OCM provides these materials "as is."
- OCM and its affiliates disclaim, to the fullest extent of the law, all warranties of any kind, whether express or implied, as to any matter whatsoever relating to this service, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Use of OCM's website service is at your own risk.
- OCM and its affiliates intend that the information contained in this service be accurate and reliable; however, errors sometime occur. OCM does not warrant or represent that the materials in this website are correct, complete, accurate or reliable.
- OCM does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this website or the servers that make it available are free from viruses or other harmful components. You (and not OCM) assume the entire cost of all necessary servicing, repair or correction of your property or operations as a result of using this website. You accept at your own risk that the Internet and online communications medium may not perform as intended despite the efforts of OCM, your Internet service provider and you.
- Reference to a fund or security anywhere on this website is not a recommendation to buy, sell or hold that or any other security.
- Nothing contained in this website constitutes investment advice and should be used as the basis of any investment decision.
- If you live in a state or other U.S. jurisdiction that does not permit disclaimers of implied warranties, these disclaimers may not apply to you.
Limitation of Liability
OCM and its affiliates are not liable under any circumstances - including, but not limited to, negligence - for any special or consequential damages that may result from the use of, or the inability to use, the materials on this website, even if OCM or an OCM-authorized representative has been advised of the possibility of such damages.
OCM and its affiliates are not liable for damages or injury, including, but not limited to, damages or injury caused by any performance, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether resulting, in whole or in part, from breach of contract, tortious behavior, negligence or otherwise. If you live in a state that does not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you.
In no event shall OCM's total liability to you for damages, losses and causes of action - whether in contract, tort (including, but not limited to, negligence) or otherwise - exceed the amount paid by you, if any, for accessing OCM's website.
Jurisdictional Issues and Applicable Law
Unless otherwise specified, OCM controls and operates this website from its offices within the State of California, United States of America.
- Except to the extent otherwise stated, OCM does not claim that materials in this website are appropriate or available for use in locations other than California. If you choose to access this website from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.
- Software, if any, from this website is further subject to United States export controls. Software from this website may not be downloaded or otherwise exported or re-exported outside the United States. By downloading or using such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory outside of the United States.
- California state law governs these Terms. If you take legal action relating to these Terms, you agree to file such action only in the Superior Court of the City and County of San Francisco, California, or the United States District Court for the Northern District of California, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.
Either party may terminate this agreement at any time by destroying:
- All materials obtained from any OCM website.
- All related documentation, copies and installations, whether or not made under these Terms.
OCM will terminate this agreement immediately without notice if, in OCM's sole discretion, you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this or any Osterweis website and all copies of those materials, whether or not they were made under these Terms.
Integration and Severability
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.
The preceding Terms represent the entire agreement between OCM and you relating to the subject matter herein.