TERMS OF USE

PLEASE READ THROUGH THESE TERMS OF USE CAREFULLY.
By using this Web site (this “Web Site”) you are deemed to have entered into an agreement (this “Agreement”) with Cutler Capital Management, LLC to be bound by the terms set forth below. Cutler Capital Management, LLC reserves the right, at its sole discretion, to revise, modify, add or delete portions of these terms at any time. Notification of changes in this Agreement will be posted on the Web Site.

TRANSMISSION OF THE INFORMATION CONTAINED HEREIN IS NOT INTENDED TO CREATE AND RECEIPT DOES NOT CONSTITUTE A CLIENT RELATIONSHIP WITH CUTLER CAPITAL MANAGEMENT, LLC. ANY OPINIONS EXPRESSED IN THIS SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE AND CUTLER CAPITAL MANAGEMENT, LLC IS NOT UNDER ANY OBLIGATION TO UPDATE OR KEEP CURRENT THE INFORMATION CONTAINED HEREIN. CUTLER CAPITAL MANAGEMENT, LLC ACCEPTS NO LIABILITY WHATSOEVER FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE USE OF ALL OR ANY PART OF THIS MATERIAL.

NOT FINANCIAL ADVICE
The material on this Web Site has no regard to the specific investment objectives, financial situation, or particular needs of any visitor. It is published solely for informational purposes and is not to be construed as a solicitation nor does it constitute advice, investment or otherwise. References made to third parties are based on information obtained from sources believed to be reliable but are not guaranteed as being accurate. Visitors should not regard it as a substitute for the exercise of their own judgment. Our comments are an expression of opinion. While we believe our statements to be true, they always depend on the reliability of our own credible sources. We recommend that you consult with a licensed, qualified investment advisor before making any investment decisions.

USE OF PROPRIETARY INFORMATION
The Web Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Web Site are only for your personal, non-commercial use. All materials contained on the Web Site are protected by copyright, and are owned or controlled by Cutler Capital Management, LLC or the party credited as the provider of the content. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on the Web Site. You may download and make one (1) copy of the content and other downloadable items displayed on this Web Site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Cutler Capital Management, LLC or the copyright holder identified in the individual contents copyright notice.

NO WARRANTY OR GUARANTEE IMPLIED
THE INFORMATION AVAILABLE IN THIS WEB SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CUTLER CAPITAL MANAGEMENT, LLC MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THIS WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THIS WEB SITE OR ANY LINKED SITE. FURTHER, CUTLER CAPITAL MANAGEMENT, LLC DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUTLER CAPITAL MANAGEMENT, LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CUTLER CAPITAL MANAGEMENT, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION IN THIS WEB SITE.

LIMITATION OF LIABILITY
IN NO EVENT WILL CUTLER CAPITAL MANAGEMENT, LLC, ITS MEMBERS, OFFICERS, EMPLOYEES OR THEIR AFFILIATES BE LIABLE FOR INDIRECT, DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PAIN AND SUFFERING, EMOTIONAL DISTRESS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS WEB SITE, OR OTHER PECUNIARY LOSS) ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF (OR FAILURE TO USE) OR RELIANCE ON THE INFORMATION CONTAINED WITHIN, OR AS A RESULT OF THE RISKS INHERENT IN THE STOCK MARKET, EVEN IF CUTLER CAPITAL MANAGEMENT, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION
You agree to defend, indemnify and hold Cutler Capital Management, LLC, its members, officers, employees and their affiliates harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys’ fees) arising from your violation of this Agreement, state or federal securities laws or regulations, or any third party’s rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. You shall cooperate as fully as reasonably required in the defense of any claim. Cutler Capital Management, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Cutler Capital Management, LLC. This obligation will survive the termination of this Agreement.

IMPORTANT CONSUMER INFORMATION
1. An investment advisor or investment advisor representative may only transact business in a particular state after licensure or satisfying qualifications, requirements of that state, or only if they are excluded or exempted from the state’s investment advisor or investment advisor representative requirements, as the case may be.

2. Follow-up, individualized responses to consumers in a particular state by an investment adviser or investment advisor representative that involve either the effecting or attempting to effect transactions in securities or the rendering of personalized investment advice for compensation, as the case may be, shall not be made without first complying with the state’s investment advisor, or investment advisor representative requirements, or pursuant to an applicable state exemption or exclusion.

3. For information concerning the licensure status or disciplinary history of an investment advisor or investment advisor representative, a consumer should contact his or her state securities law administrator.

CONFIDENTIALITY
You acknowledge that transmission to and from this Web Site are not confidential and your communications may be read or intercepted by others. Persons contacting Cutler Capital Management, LLC through this Web Site should not send sensitive, privileged, or confidential information. You acknowledge that by submitting communications to Cutler Capital Management, LLC, no confidential, fiduciary, contractual or other relationship is created between you and Cutler Capital Management, LLC other than pursuant to this Agreement.

PRIVACY STATEMENT
Contact information obtained from this site is used only within our Company and is not for public knowledge. This site keeps user email addresses private. They are never disclosed or sold to outside sources. We highly recommend the use of a 128-bit key browser for optimum privacy and security. Please contact Cutler Capital Management, LLC for a complete copy of our Privacy Notice.

ENTIRE AGREEMENT
This Agreement sets forth the entire agreement between the parties with regard to the subject matter hereof. No other agreements, representations, or warranties have been made by either party to the other with respect to the subject matter of this Agreement, except as referenced herein.

GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflicts of laws provisions, sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be an appropriate state or federal court located in the Commonwealth of Massachusetts. Any cause of action you may have with respect to your use of this Web Site must be commenced within one (1) year after the claim or cause of action arises.

NO PARTNERSHIP
Nothing contained herein shall be deemed to establish a partnership, joint venture, association, or employment relationship between the parties.

WAIVER
The failure by Cutler Capital Management, LLC to enforce any provision of this Agreement shall not constitute a waiver of any provision or right.

SEVERABILITY
If any of the provisions of this Agreement are found or deemed by a court to be invalid or unenforceable, they shall be severable from the remainder of this Agreement and shall not cause the invalidity or unenforceability of the remainder of this Agreement.

CONTACT
If you have any questions about these Terms of Use, you can contact Cutler Capital Management, LLC, 306 Main Street, 2nd Floor, Worcester, MA 01608-1518