Disclaimer
August 3, 2021
Legal Notices & Disclaimers
The following Legal Notice and Disclaimers apply to persons who access the materials made available at the website (“Website”) maintained by JOHN W. BRISTOL & CO., INC. (“JOHN W. BRISTOL & CO.”). All use of the Website is subject to the Terms of Use that follow.
Jurisdiction Limitations. This Website is intended solely for persons or entities with a qualified status residing in a jurisdiction that JOHN W. BRISTOL & CO. is currently registered (105597.pdf (sec.gov) ).
GDPR Disclosure
The General Data Protection Regulation (known as GDPR) affects how JOHN W. BRISTOL & CO. collects, processes or stores the personal data of anyone located within an EU country. Personal data includes information that can be found on a business card: first name, last name, job title, employer name, work address, work email, work phone number. For an individual client, JOHN W. BRISTOL & CO. also collects nonpublic personal information as part of the account opening process, including the execution of an investment advisory agreement when a social security number, date of birth; home and/or business address; phone number(s); email address(es) are required. Clients’ personal and financial data is not sold to any third party. Nor do is such information shared except when needed to maintain account(s) and process transactions that have been authorized by agreement, and to meet regulatory obligations. This information is collected by JOHN W. BRISTOL & CO.’s administrative and operations teams (“data collectors”), and may be stored in paper files; scanned and saved electronically in JOHN W. BRISTOL & CO.’s shared network; emails are stored in the network and also by the email archiving service, Global Relay for seven years; and personal data is also stored in client information systems (portfolio accounting system and contact information data base). Cybersecurity safeguards are applied to our network including continuous monitoring. Our “data collectors” treat all personal information that is collected as confidential information and JOHN W. BRISTOL & CO. holds itself to high standards in its safekeeping and use. The Chief Compliance Officer also serves as “data controller” and is responsible for the compliance program.
Qualified Status. JOHN W. BRISTOL & CO. provides a commingled fund to certain qualified clients. Qualified status means “qualified purchaser” as defined n the Investment Company Act of 1940, as amended. JOHN W. BRISTOL & CO. must be advised in the event that there is any change in the status of an individual’s or entity’s qualification as a “qualified purchaser.” Participation in JOHN W. BRISTOL & CO.’s commingled fund is made on the basis of the applicable offering documents and information on this site does not constitute an offer to issue or sell, nor solicit an offer to subscribe or purchase, interests in JOHN W. BRISTOL & CO.’s fund. The interests may not be offered in any jurisdiction in which such offer or solicitation is not authorized.
No Recommendation. Nothing in the Website should be construed as a solicitation or offer, or recommendation, to acquire or dispose of any investment or to engage in any other transaction.
Past Performance. PAST PERFORMANCE IS NOT AN INDICATION OF FUTURE PERFORMANCE. The value of investments may fall as well as rise and investors may not get back the amount invested.
Forward-Looking Statements. Statements made on our Website that look forward in time involve risks and uncertainties and are forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Such risks and uncertainties include, without limitation, the adverse effect of a decline in the securities markets or a decline in JOHN W. BRISTOL & CO.’s products’ performance, a general downturn in the economy, competition from other companies, changes in government policy or regulation, inability of JOHN W. BRISTOL & CO. to attract or retain key employees, inability of JOHN W. BRISTOL & CO. to implement its operating strategy and acquisition strategy, inability of JOHN W. BRISTOL & CO. to manage rapid expansion and unforeseen costs and other effects related to legal proceedings or investigations of governmental and self-regulatory organizations. Further, not all securities, products or services described are available in all countries, and nothing on this site constitutes an offer or solicitation of these securities, products or services in any jurisdiction where their offer or sale is not qualified or exempt from registration.
TERMS OF USE
PLEASE READ CAREFULLY BEFORE CONTINUING TO THE FOLLOWING TERMS OF USE, WHICH FORM A BINDING CONTRACT BETWEEN A USER OF THE WEBSITE (“YOU”) AND JOHN W. BRISTOL & CO., INC.
By accessing and using http://www.jwbristol.com (“Website”) maintained by JOHN W. BRISTOL & CO., INC. (“JOHN W. BRISTOL & CO.”), you agree to observe and be bound by the following Terms of Use. These Terms of Use may be modified at any time, and your continued use of the Website shall be deemed acceptance of these Terms of Use, as may be amended from time to time. If you do not agree to these Terms of Use, you should exit and cease all use of the Website immediately.
- Incorporation. These Terms of Use expressly incorporate JOHN W. BRISTOL & CO.’s Privacy Policy and Legal Notices and Disclaimers.
- DISCLAIMER. The Website is designed for information purposes only, and you acknowledge that you are solely responsible for the use of it. While JOHN W. BRISTOL & CO. will take reasonable care that the content on the Website is accurate, complete and up-to-date, JOHN W. BRISTOL & CO. does not guarantee and makes no representation or warranty that the content and/or facilities available or accessible via the Website are accurate, complete or up-to-date or that access to it will be uninterrupted or error-free. Before you rely on information found on the Website, you must verify this information with the appropriate sources.
- Limits on Use. The Website may be accessed and used solely for your personal, noncommercial use only. Access to any password-protected portion of the Website is limited exclusively to the person to whom a login id has been issued by JOHN W. BRISTOL & CO. You will keep your login id and password confidential and not disclose same to any third party. You will notify JOHN W. BRISTOL & CO. immediately of any actual or suspected loss, theft or unauthorized use of your login id or password. All information obtained from the Website will be held in strict confidence and no information will be distributed to clients or potential clients of your firm unless such materials have previously been approved for distribution by your firm under a distribution agreement entered into between your firm and the applicable JOHN W. BRISTOL & CO. fund (“Fund”) and/or JOHN W. BRISTOL & CO.. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell in any way any information, documents, graphics, software or other materials (“Materials”) obtained from the Website, except that you may view the Materials in their present form and you may download on any single computer and print one (1) copy of the Materials for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. The Materials are subject to change without notice. You shall not use or introduce into the Website any device, software, or routine that could damage or interfere with the operation of the Website. You shall not directly or indirectly take any action to interfere with the operation of the Website or engage in any unlawful or infringing activity in connection with your use of the Website, including by way of example and not limitation, using any scraper, robot, spider, or other automated mechanism to access the Website or download material off of the Website. You also may not create a link from a third party website to this Website without the prior written permission of JOHN W. BRISTOL & CO.. JOHN W. BRISTOL & CO. reserves the right to monitor your use of the Website and to monitor your compliance with these Terms of Use. You acknowledge and hereby consent to such monitoring. JOHN W. BRISTOL & CO. reserves the right to suspend or terminate your access to and use of the Website if, in JOHN W. BRISTOL & CO.’s reasonable belief, you have violated any of the terms set forth in these Terms of Use.
- Intellectual Property. The Website, including the Materials, is owned by JOHN W. BRISTOL & CO. or its licensors, and is protected under the copyright, trademark and other intellectual property laws of the United States and other countries as well as by international treaties and conventions. Using, copying, or storing any portion of the Website for other than your personal informational use without our prior written consent or the relevant licensor is expressly prohibited. The logos, services marks and trademarks of JOHN W. BRISTOL & CO. are owned exclusively by us. All other trademarks, product names and company names or logos cited herein are the property of their respective owners. The Website may contain other proprietary notices and copyright information. You agree to abide by all applicable copyright, trademark and other intellectual property laws and with all additional copyright and trademark notices, information, and restrictions contained in any of the Materials.
- Disclaimer of Warranties. The Materials published on the Website may include inaccuracies or typographical errors. The Website and all Materials are provided “as is,” without warranty of any kind, and we hereby disclaim all warranties and conditions with regard to the Website and the Materials, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant or make any representations regarding the use or the results of the use of the Materials or with respect to their correctness, accuracy, reliability, or otherwise. We do not warrant that the Website or any Materials will be provided on an uninterrupted or error-free basis, that defects will be corrected, that the Website or the server that makes it available are free of viruses or other harmful components or relating to any breach of security associated with the transmission of sensitive information through the Website or any linked site. In addition, we make no representation about the suitability of the Materials for any purpose. You (and not JOHN W. BRISTOL & CO.) assume the entire cost and risk of using the Website and the Materials. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
- Limitation of Liability. In no event will we or any of our affiliates, licensors, service providers or any third party be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the Website or with the delay or inability to use the Website, or for the Materials obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, strict liability or otherwise, even if we and/or any such person has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
- Indemnification. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, licensors and service providers harmless from and against any and all liabilities, judgments, fines, damages, settlements and costs (including reasonable attorneys’ fees and disbursements) incurred in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your use of the Website. You will cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
- Cookies. Cookies may be stored on your computer. By registering through this Website you will be consenting to the storage of cookies on your computer.
- Hyperlinks. From time to time the Website may also include links to other websites maintained by third parties not affiliated with us and over which we have no control. These links are provided for your convenience. They do not signify that we endorse such website. We make no warranties or representations of any kind as to the accuracy, currency, or completeness of any content contained in such third party websites and shall have no liability for any damages or injuries of any kind arising from such content or information.
- Modifications. We reserve the right, at our sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time. Please continue to review these Terms of Use whenever accessing or using the Website. Your use of the Website after the posting of changes, modifications, additions or deletions to these Terms of Use will constitute your acceptance of these Terms of Use, as modified.
- Governing Law/Venue. Any dispute, controversy or claim arising out of or related to the Website or these Terms of Use shall be governed by and interpreted under the laws of the State of New York (excluding any rules of law that would lead to the application of the laws of any other jurisdiction). You agree to submit to the jurisdiction of the state and federal courts in New York, New York in respect of litigation arising out of or related to your use of the Website or with respect to these Terms of Use, waiving all affirmative and legal defenses in respect of jurisdiction, forum and venue. If any provision of these Terms of Use is determined to be invalid, superseded, illegal or unenforceable, in whole or in part, the validity, legality or enforceability of any of the remaining provisions or notices shall not in any way be affected or impaired thereby and shall continue in full force and effect.
If you have any questions or comments about our legal statement, please contact us.
Privacy Policy
John W. Bristol & Co. has adopted this policy with recognition that protecting the privacy and security of the personal information we obtain about our customers is an important responsibility. We also know that our customers expect us to service them in an accurate and efficient manner. To do so, we must collect and maintain certain personal information about them. We want our customers to know what information we collect and how we use and safeguard that information.
What Information We Collect
We collect certain nonpublic personal identifying information about our customers (such as their name, address, social security number, etc.) from information that they provide on applications or other forms as well as communications (electronic, telephone, written or in person) with them or their authorized representatives (such as their attorney, accountant, etc.). We also collect information about their brokerage accounts and transactions (such as purchases, sales, account balances, inquiries, etc.).
What Information We Disclose
We do not disclose the nonpublic personal information we collect about our customers to anyone except: (i) in furtherance of our business relationship with them and then only to those persons necessary to effect the transactions and provide the services that they authorize (such as broker-dealers, custodians, independent managers, etc.); (ii) to persons assessing our compliance with industry standards (e.g., professional licensing authorities, etc.); (iii) our attorneys, accountants, and auditors; or (iv) as otherwise provided by law. We are permitted by law to disclose the nonpublic personal information about our customers to other third parties in certain circumstances (such as third parties that perform administrative or marketing services on our behalf or for joint marketing programs). These third parties are prohibited from using or sharing the information for any other purpose. If our customers decide at some point to either terminate our services or become an inactive customer, we will continue to adhere to our privacy policy, as may be amended from time to time.
Security of our Customers’ Information
We restrict access to our customers’ nonpublic personal information to those employees who need to know that information to service their account. We maintain physical, electronic and procedural safeguards that comply with applicable federal or state standards to protect their nonpublic personal information.
Changes to our Privacy Policy or Relationship with our Customers
Our policy about obtaining and disclosing information may change from time to time. We will provide our customers with notice of any material change to this policy before we implement the change.