No Individualized Investment Advice; Not a Solicitation or Offer to Sell or Buy Securities

THIS WEBSITE (“THE SITE”) DOES NOT CONTAIN INVESTMENT ADVICE THAT IS INDIVIDUALIZED FOR THE NEEDS, GOALS OR OBJECTIVES OF ANY PERSON; DOES NOT CLAIM ANY INVESTMENT OR INVESTMENT STRATEGY WILL PROVE PROFITABLE; AND DOES NOT OFFER OR SOLICIT THE PURCHASE OR SALE OF ANY SECURITY.

The peterlazaroff.com website (including all of its webpages, collectively, the “Site”) is published by Lazaroff, LLC (“Lazaroff”). The Site does not: (1) provide advice on the suitability of any investment or investment strategy for any person; (2) does not claim any investment or investment strategy will prove profitable; and (3) does not offer or solicit the purchase or sale of any security.

Because this Site does not consider the specific needs or circumstances of any person, it does not consider individual legal, tax, accounting, or other significant issues that would be important regarding the needs or circumstances for any person. Please consult your legal, tax, and financial professionals with respect to your particular needs and circumstances. Securities prices fluctuate and may lose value. Results of an investment made today may differ substantially from historical results due to changing economic or market conditions, or other factors that are not presented on the Site. Past performance is no guarantee of future results. Always seek the advice of an investment professional before making any investment decision.

Undisclosed Conflicts; Positions Inconsistent with Views Expressed

The articles, webpages, and other information published on this Site (collectively referred to as the “Site Content”) is authored and created, variously, by Lazaroff, its directors, officers, employees, agents, consultants or third-party content providers (collectively, the “Content Providers”). Site Content constitutes the opinion solely of the Content Creator who created it. None of the Site Content constitutes a recommendation to buy or sell any particular security or portfolio of securities, or engage in any securities transaction or investment strategy, or that any security, portfolio, transaction, or strategy is suitable for any specific person.

Each user of the Site understands that: none of the Content Creators is aware of the Personal Information about any particular user; and none of the Content Creators will advise a specific user concerning the advisability, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the information contained in the Site may be deemed to be investment advice, such information is always impersonal and not tailored to the investment needs of any specific person.

From time to time, one or more Content Creator may hold positions or interests in securities mentioned in the Site Content that they may trade for their own account(s), including based on the information presented in the Site. A Content Creator may take positions in a security that are inconsistent with the views the Content Creator (or the views of the Content Creator’s employer, employee, or agent) expressed in Site Content; provided, Content Creators are prohibited from posting Site Content for the purpose of illegal manipulation of the price of a security.

Conflicts of interest may exist in connection with Site Content authored by a Content Creator, and such conflicts of interest may be disclosed on the Site, in these Terms of Use, or elsewhere through third-party websites and their respective materials. Use of the Site constitutes an acknowledgement and acceptance of conflicts of interest that may be deemed to exist, and that a user has read, understood, and is hereby providing its informed consent to such conflicts of interest by such user’s continued use of the Site.

There is no representation that Lazaroff (or its member, employee, or any agent) is licensed or registered with any federal or state securities regulatory agency as an investment adviser; it is Lazaroff’s view that it is not an investment adviser, as defined under federal and state statutes, or is entitled to an exclusion from such registration.

However, certain personnel of Lazaroff are employees, officers, or are otherwise affiliated with BrightPlan LLC (“BrightPlan”) and Plancorp LLC (“Plancorp”), both of which are SEC-registered investment advisers. Specifically, Peter Lazaroff is the Co-Chief Investment Officer of BrightPlan and Plancorp. To the extent the Site or its related Site Content describes, refers to, or otherwise links to the respective websites of BrightPlan and/or Plancorp, users acknowledge, understand and agree that such descriptions, references and links are provided for informational purposes only for the convenience of users. Users are under no obligation to engage BrightPlan or Plancorp in any capacity whatsoever, and should independently review the applicable websites, disclosure documents, and other applicable materials of BrightPlan and Plancorp gain a fulsome understanding of the services provided and fees charged by BrightPlan and Plancorp. To the extent a user voluntarily submits Personal Information to BrightPlan or Plancorp through the Site, such Personal Information will be collected and used by BrightPlan or Plancorp pursuant to their independent and respective Terms of Use and Privacy Notices. 

Investing in any securities discussed in the Site may be risky and speculative. The companies may have limited operating histories, little available public information, and the stocks they issue may be volatile and illiquid. Trading in such securities can result in immediate and substantial losses of the capital invested. Users of the Site should only invest capital they can afford to lose, and not capital required for other purposes, such as retirement savings, student loans, mortgages or education.

Disclaimer

None of the Content Providers shall be responsible for any errors or omissions in the Site Content. All Site Content is provided on a “when made,” “as is,” and “as available” basis, without any warranties of any kind, either express or implied. Site Content speaks as of various dates that is usually (but not always) indicated on the particular webpages, articles, or other items of Site Content (but which is sometimes not specifically stated). Although none of the Content Providers is currently aware of material errors in the Site Content created by such party (or created by another of the Content Providers, of which they have not notified Lazaroff), none of them guarantees the accuracy, completeness, reliability, quality, or availability of the Site Content they prepared. Each of the Content Providers disclaims any responsibility to update or correct any of the Site Content, or to advise any person of any material errors discovered in, changes in, updates to, or revisions of any Site Content.

The Content Providers make no warranties or representations and disclaim all express, implied and statutory warranties of any kind to the user and any third party, including, but not limited to, any warranties of accuracy, timeliness, completeness, merchantability, non-infringement and fitness for any particular purpose. Except for claims that cannot be excluded by the applicable law, none of the Content Providers shall have any liability, including but not limited to, tort, contract or any other liability to user or any third-party arising as a result of use of or access to this Site. The Content Providers make no warranty that:

• The Site will meet any person’s requirements;
• Use of the Site will be uninterrupted, timely, secure, or free of viruses, errors, omissions, or other harmful components;
• The results that may be obtained from the use of this site will be free of errors;
• The quality of any information or other materials obtained through the Site will meet any person’s expectations;
• Any errors or omissions on the Site will be corrected, even if known;
• The data and materials presented or displayed on this site are correct, complete, accurate, or reliable.

None of the Content Providers shall be liable to any user or any third party for lost profits or lost opportunity, direct, indirect, special, consequential, incidental or punitive damages whatsoever, even if Lazaroff, its affiliates or third-party providers have been advised of the possibility of such damages.

Some jurisdictions do not allow for the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you, or there may be applicable laws which supersede the above. Any clause of this disclaimer declared invalid by the appropriate authority in each jurisdiction shall be deemed severable and shall not affect the validity or enforceability of the remainder of this disclaimer.

Limitation on Liability

IN NO EVENT WILL LAZAROFF, THE CONTENT CREATORS, OR THEIR RESPECTIVE AFFILIATES OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Lazaroff, the Content Creators, and their respective affiliates, licensors and service providers, and their and their respective members, officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

Governing Law, Venue, and Jurisdiction

These Terms of Use, including without limitation, the Disclaimer, and any dispute, disagreement, or issue of construction or interpretation arising hereunder, whether relating to its validity, or the rights or obligations of Lazaroff, any other Content Provider, or any user or any third party shall be governed or interpreted according to the laws of the State of Missouri. Any action, suit or proceeding, whether in law or equity, arising out of, under or in connection with these Terms of Use or any user’s or any third party’s rights or obligations shall be brought and determined in the appropriate federal or state court in the State of Missouri  and in no other forum. Each Content Provider and user of the Site hereby irrevocably and unconditionally submits to the personal jurisdiction of such courts and agrees to take any and all future action necessary to submit to the jurisdiction of such courts in any such suit, action or proceeding arising out of or relating to these Terms of Use.

Lazaroff reserves the right to amend any of these Terms of Use in its sole discretion at any time without notice. Any changes to these Terms of Use will become effective when we post the revised Terms of Use on the Site. Your use of the Site following these changes means that you accept the revised Terms of Use.

Waiver and Severability

No waiver of by Lazaroff of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Lazaroff to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Use of Links

This Site contains links to various third-party websites. Links to non-Lazaroff websites are provided for convenience only and are accessed at the user’s own risk. Should the user leave this Site via a link contained on this Site, the user does so at its own risk. Lazaroff is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such site, whether actual, alleged, consequential or punitive. The content to which this Site links will not have been developed, checked for accuracy, or subject to the review process used for content on this Site. Lazaroff is not responsible for the collection, use or security of information by companies or organizations outside of Lazaroff that are linked to this Site. The information available on those websites has been produced by unaffiliated third parties and Lazaroff does not guarantee its timeliness, sequence, accuracy, adequacy or completeness and make no warranties with respect to results to be obtained from its use. Any opinions or recommendations expressed therein are solely those of the third-party providers and are not the opinions or recommendations of Lazaroff. Lazaroff DOES NOT ENDORSE third-party products, services or information expressed or implied by any information, material or content referred to or included on, or linked from or to this Site. Under no circumstances should the information be construed as an offer to sell or solicitation of an offer to buy a particular security. Users are encouraged to read the privacy policies of websites reached through the use of links from this Site.

LAZAROFF IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE INFORMATION, ANY PRODUCTS OR SERVICES, OR ANY MALWARE OR VIRUSES, CONTAINED ON, OFFERED, ACCESSED, OR RECEIVED THROUGH ANY THIRD-PARTY WEBSITE WHICH EITHER MAY BE ACCESSED THROUGH A LINK ON THIS SITE, OR WHICH ALLOWED YOU TO ACCESS THIS SITE THROUGH A LINK ON SUCH THIRD-PARTY SITE.

Copyright Notices

The works of authorship contained in the Site, including but not limited to all design, text, sound recordings, and images are owned, except as otherwise expressly stated, by Lazaroff, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, uploaded, posted, framed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Lazaroff’s prior written consent, except to the extent that such use constitutes “fair use” under the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then only with prominent notices of Lazaroff’s proprietary rights. Additionally, you may keep one temporary copy in a single computer’s memory and one unaltered permanent copy to be used for your personal and non-commercial use, and you must retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post any content for public or commercial purposes. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content.

You may link to the Site, provided that (a) the appearance, position and other aspects of the link do not damage or dilute the goodwill associated with Lazaroff’s name and trademarks, (b) the link and/or website that is being linked does not violate Lazaroff’s or any third party’s intellectual property rights, (c) no aspect of the link, including the appearance and position of the link, create the appearance that an entity is associated with or sponsored by Lazaroff when association or sponsorship does not exist, and (d) the link, when activated by a user, displays the Site web page in its entirety and not within a “frame” on the linked website. Lazaroff reserves the right to revoke its consent to the link at any time in its sole discretion without prior notice.

Online Privacy Policies

Safeguarding personal and financial information is increasingly challenging. That’s why we make it a priority and provide you with access to the information you need to protect yourself and to help keep your information secure. Lazaroff has adopted Privacy Policies which are found in its Online Privacy Notice. Please refer to the Online Privacy Notice for important information about how the information we collect about the users of the Site, through the use of “cookies” and other technologies, and how we use that information.

Last updated May 14, 2020