Terms and Conditions of Use


IMPORTANT: Please read the following before accessing and using the Amherst Holdings, LLC (“Amherst”) Web site, www.amherst.com (the “Site,” which shall include any Password-Protected Areas, as defined below).

The following terms and conditions (“Terms”) apply to and govern your use of this Site.  You may use this Site only if you agree, without modification, to these terms and conditions of use (“Terms”).  Please read the Terms carefully before continuing.  You may use your browser to download or print out a copy of these Terms for you records.  BY CHOOSING TO ACCESS AND USE THIS SITE, YOU ARE EXPRESSLY AGREEING TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.

Not an Offer
This Site is designed for informational purposes only and does not constitute a solicitation or offer by Amherst, or its subsidiaries and affiliates, to buy or sell any securities, or other financial instrument, or to provide any investment advice or service.  Offers or solicitations for securities will only be made domestically through Amherst Securities Group, LP, member FINRA and SIPC, in accordance with applicable Federal and state laws.  Nothing in this Site should be construed as investment advice or a recommendation to purchase or sell a particular security.  The information provided on this Site or in any communication containing a link to this Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or that would subject Amherst of any Amherst subsidiary to any registration requirement within such jurisdiction or country.  Except as expressly authorized herein you may not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate, or commercially exploit any information on this Site.

Investment Performance
This Site may contain performance information, including information regarding performance of specific securities or investments.  YOU SHOULD BE AWARE THAT PAST PERFORMANCE IS NOT NECESSARILY INDICATIVE OF FUTURE RESULTS.  THE VALUE OF INVESTMENTS MAY FALL AS WELL AS RISE AND INVESTORS MAY NOT GET BACK THE AMOUNTS INVESTED, INCLUDING ANY PRINCIPAL INVESTED.

Accuracy and Use of Data and Information Provided
Amherst has created this Site incorporating information provided by third party market data sources.  Although Amherst believes this information to be reliable, it cannot be held responsible for inaccuracies in such third party data or the data supplied to the third party by issuers or guarantors.

Neither Amherst nor any Amherst subsidiary, including Amherst Securities Group LP, can make, nor does any such company make, any claim as to the prepayment consistency and/or the future performance of any securities or structures displayed or printed out from this Site.  Any yields, yield spreads and/or average lives displayed on this Site consider prepayment assumptions that may or may not be met.  Changes in payments may significantly affect yield and average life.  If any offerings are listed on this Site, they are offered by Amherst Securities Group LP, member FINRA and SIPC, and are subject to prior sale and price change.

Please contact your representative for information on Collateralized Mortgage Obligations (CMO) and how they react to different market conditions.

All reports published on this Site are for analytical use only and are not intended as an offer or solicitation with respect to the purchase or sale of securities.  The decision of whether to adopt any strategy or to engage in any transaction and the decision of whether any strategy or transaction fits into an appropriate portfolio structure remains the responsibility of the customer and/or its advisors.

Terms Exclusive to Use of this Site
Please note that these Terms exclusively govern your access and use of this Site, but they do not alter or affect the terms or conditions of any other agreement between you and Amherst or any Amherst affiliate.

Password-Protected Areas
If access to any area of this Site is restricted (“Password-Protected Sites”), such access may require the application of additional or special terms and conditions (for example, licensing restrictions to download software).  Such terms and conditions may be accessed through a separate link.  Any user identification and/or password (hereinafter together referred to as “User ID”) that have been provided to you by Amherst to access Password-Protected Areas are for your exclusive use only.  By accepting your User ID you agree to protect the confidentiality and security of your User ID and of the Site and its contents and that such information will only be communicated within your organization to properly authorized employees and agents, where applicable.  Amherst is not responsible for any damages or losses resulting from any breach of security caused by your failure to maintain the confidentiality of your User ID.  You agree to notify Amherst immediately in the event of loss or theft of any or all of your User ID, or if you believe the confidentiality of any or all of your User ID has been compromised in any way, or in the event of your learning about a possible or actual unauthorized use of your User ID.  Amherst reserves the right to suspend or terminate your access to the Site or any Password-Protected Area at any time, without prior notice.

Intellectual Property Notice
Unless otherwise specifically designated, Amherst is the sole owner of all intellectual property rights to this Site and its contents, including but not limited to copyright protection for all content, including the design, layout, graphics, photos, format, and other visual elements of the Site.  All trademarks, service marks, and trade names used herein may only be used by Amherst and its affiliates, subsidiaries, and licensees.  The Site pages and content may be electronically copied or printed in hard copy for internal informational, personal or non-commercial use only, provided that no modifications are made, they are not published in any media, and on each page of every such internal copy, Amherst is acknowledged as the source with a copyright symbol.  You are not granted any license to use the content in other manner.  Any use other than that set forth above, including the non-internal reproduction, modification, copying, display or use of any copyright-protected Amherst symbol or other logo, graphic, photo or image, without the prior written permission of Amherst, is strictly prohibited.

Absent an existing agreement to the contrary, any ideas or information submitted to Amherst or its affiliates through this Site, including e-mail, become the sole property of Amherst and its affiliates upon submission to the extent the person submitting the ideas or information has intellectual property rights over such ideas or information. Amherst will have no obligation of confidentiality or any responsibility for any claims of infringement or misappropriation that may result from any submission.  Personal information submitted will be treated in accordance with our Privacy Statement.

Disclaimer of Warranties and Limitation of Liability
The information on this Site is provided for general information purposes only.  While Amherst strives to provide timely, accurate and complete information, you may discover some inadvertent typographical, technical, factual, or other errors or omissions in the information provided.  Please bring them to our attention at 512.342-3000.  AMHERST MAKES NO GUARANTEES, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, CONCERNING THE SECURITY, TIMELINESS, RELEVANCY, SUFFICIENCY, ACCURACY, RELIABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR COMPLETENESS OF ANY DATA, INFORMATION, OR SERVICES PRESENTED ON THIS SITE. THE INFORMATION AND OTHER CONTENT CONTAINED HEREIN IS PRESENTED ON AN “AS IS, WHERE IS,” BASIS, AND ALL WARRANTIES (EXPRESS OR IMPLIED) ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  AMHERST ALSO MAKES NO GUARANTEE AS TO THE ACCURACY, VALIDITY, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION ON ANY SITE TO WHICH YOU GAIN ACCESS THROUGH A HYPERTEXT OR OTHER LINK FROM THIS SITE.

Amherst and its affiliates and subsidiaries, as well as their respective directors, members, partners, officers or employees, or any third party vendor, will not be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Site, or that results from the act or omission of any other party involved in making or maintaining this Site or the data contained herein available to you, or from any other cause relating to your access to, inability to access, or use of the Site or any materials included on this Site, whether or not the circumstances giving rise to such cause may have been within the control of Amherst or of any vendor providing software or services support.  Amherst and its affiliates and subsidiaries, as well as their respective directors, members, partners, officers, employees, and third party vendors, also shall have no liability or responsibility of any kind for any loss or damage that you incur as a result of any information contained on any Web pages or site maintained by any third party that you access through a direct link, hypertext link or any Password-Protected Area of this Site.  In no event shall Amherst or any such parties be liable to you for any direct, special, indirect, consequential, or incidental damages or any other damages of any kind even if Amherst or any other party has been advised of the possibility thereof.

No Duty to Update and Modification of Terms
The information contained herein is provided as of the “Last Updated” date appearing below or where the information is presented unless otherwise specified.  Amherst and its affiliates assume no duty to update any such information for subsequent changes of any kind.

Amherst reserves the right, at its discretion, to change these Terms and the contents of this Site at any time and without notice.  We suggest that you review these Terms periodically for changes.  If you use this Site after we post changes to these Terms, you accept the changed terms.  Amherst may also offer other services from time to time that are governed by different terms and conditions.

Site Security
We are unable to make any representation or warranty that the content, information, or links in this Site are secure and free of data-processing errors, technical glitches, operational problems, interruptions, errors, bugs, worms, viruses, unauthorized third party access, or any other harmful elements.  YOU REMAIN SOLELY RESPONSIBLE FOR THE SECURITY AND PROTECTION OF YOUR SYSTEMS WHEN USING THIS SITE.  Unauthorized attempts to reproduce, upload, insert, or change any information or image on this Site or cause harm are strictly prohibited and may be punishable under the law, including the Computer Fraud and Abuse Act and the National Information Infrastructure Protection Act.

Outside Links
For your information or convenience, this Site may contain direct links or hyperlinks to Web sites that are maintained by third parties.  When clicking on such a link, you are leaving our Site. Amherst has no control over, does not endorse, and is not liable for, the quality, operation, reliability, compliance with laws, ethics, business practices, or content of such third party Web sites, or for any product or service advertised or provided thereon.  All transactions with such third parties operating said Web sites, including provision of your personal information, are strictly at your own risk.  We expressly disclaim any and all liability arising from your access of such sites and for the content of sites.

If you have any questions or comments about our terms and conditions of use, please contact us at (512) 342-3000.