The web site located at www.churchillam.com ("Web Site") owned by Churchill Asset Management LLC (collectively "Churchill," "we," "our,", "us") is referred to herein collectively as the "Web Site." Please read these terms and conditions of use ("Terms") carefully before using the Web Site or any of the information or services provided by Churchill in connection with the Web Site. By using the Web Site, you acknowledge that you have read and understood these Terms and accept and agree to be legally bound by them. If you do not accept and agree to these Terms, you are not an authorized user of the Web Site or any of the information or services provided by Churchill in connection with the Web Site and should promptly terminate all use thereof. The term Web Site includes any other web site owned, operated, licensed, or controlled by Churchill. The terms "you" and "your" mean you and any entity you may represent in connection with the use of the Web Site. These Terms are in addition to any other agreements between you and Churchill, including any customer or account agreements, and any other agreements that govern your use of information, content, tools, products and services available on and through the Web Site. You may use your browser to download or print a copy of these Terms for your records.
These Terms were last updated on September 2, 2025.
Churchill reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms at any time. We suggest that you check these Terms periodically for changes. The Terms can be accessed from a link at the bottom of the pages of the Web Site. Any changes, modifications, additions to, or deletions from these Terms shall be effective immediately upon posting on the Web Site. You acknowledge that, by using the Web Site after we post changes to these Terms, you accept and agree to be legally bound by these Terms as changed. Churchill may also from time to time offer other services that are governed by different terms and conditions.
No Offer or Advice
The Web Site and its content are provided for informational and educational purposes only. Nothing on the Web Site constitutes a recommendation, solicitation or offer by Churchill to sell or buy any security or investment product or service. The Web Site does not, and it is not intended to, provide any financial, investment, retirement planning, insurance, legal, accounting or tax advice. You are solely responsible for determining whether any investment, investment strategy, security or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. The Web Site should not be used or relied upon by you as a substitute for independent research or professional tax, financial or legal advice. You should seek such professional tax, financial or legal advice for your specific situation. You acknowledge that your requests for information in connection with the Web Site are unsolicited.
Before acquiring the shares of any investment fund by purchase or exchange, it is your responsibility to read the fund's prospectus or offering materials. For more information on any fund, contact your registered representative (financial professional) or download a prospectus by clicking on the applicable link appearing throughout the Web Site. Prospectuses contain more complete information on advisory fees, distribution charges, and other expenses, and should be read carefully before investing or sending money. Past performance does not guarantee future results. Please remember that there is no assurance that the objective of any fund will be achieved. Please also note that investment return and principal value will fluctuate. All investments involve risks and may lose value. An investment in a fund or other investment product is not a bank deposit and is not insured or guaranteed by the Federal Deposit Insurance Corporation or any other government agency.
Jurisdiction
Unless otherwise specified, Churchill controls, operates and services the Web Site from its offices within the United States. The services and products described and information provided through the Web Site are directed to and are intended to be made available only to persons in the United States and are 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 which would subject Churchill or any of its investment products or services to any registration requirement within such jurisdiction or country. Persons who access the Web Site do so on their own initiative, and are responsible for compliance with applicable local laws and regulations.
Access to Web Site and Content
Churchill reserves the right, in its sole discretion, to withdraw access to or modify any of the information, tools, content or services provided in connection with the Web Site (the "Content") at any time without providing notice to you. All Content is presented as of the date published or indicated, and may become inaccurate as a result of subsequent market events or for other reasons. Although Churchill makes every attempt to provide accurate and timely Content, Churchill does not guarantee or ensure the accuracy, completeness, currency or authenticity of any Content or functionality, or transmission of any Content from the Web Site to you. Furthermore, you are solely responsible for making sure that you are receiving up-to-date Content from the Web Site, including, but not limited to, by properly using the "Update Content" function on while you are connected to the internet or by appropriately setting cache settings on your web browser. Churchill may withdraw access to or modify any of the investment products and services described on the Web Site at any time without providing notice to you.
Trademarks, Copyrights and other Intellectual Property
All Content is owned or licensed by Churchill and its third-party information providers and is protected by applicable copyrights, trademarks, service marks and/or other intellectual property rights. All Content is solely for your personal, non-commercial use or that of your clients. Accordingly, you may not copy, reproduce, modify, sell, reuse, republish, post, frame, deep link, transmit, display, distribute or use for any commercial or unlawful purpose any Content, including, without limitation, any text, images, video, audio, code, user interface design or logos on the Web Site, without Churchill's express prior written permission. If permitted by the Web Site, you may download Content for your personal use or that of your clients so long as you retain all copyright and other proprietary notices set forth in the Content. Please note that, notwithstanding the foregoing, if you have access to Content that is marked for use by financial professionals only, then you are not permitted to disclose such Content to your clients and your clients are not permitted to use such Content in any way. Any unauthorized use of Content violates the intellectual property rights of Churchill and may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
All trademarks, service marks, trade names, and logos ("Marks") displayed on the Web Site are proprietary to Churchill and/or any respective third-party owners. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on the Web Site without the express prior written permission of Churchill or such other third-party owner. Your use of the Marks displayed on the Web Site, except as provided herein, is strictly prohibited.
Prohibited Uses
Any use or attempted use of the Web Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) that could interfere with any other party's use and enjoyment of the Web Site, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Churchill to be made accessible to a user by hacking or any other means, or (vi) to obtain or attempt to obtain any materials or information through any means not intentionally made available by Churchill, or (vii) for any use other than the purpose for which it was intended, is prohibited.
In addition, users and visitors of the Web Site may not, without Churchill's express prior written permission:
- copy, reproduce, republish, upload, post, transmit, or distribute in any way Content in any manner inconsistent with the purposes for which it is offered by Churchill to its customers, prospective customers or members of the general public;
- copy, modify, or display Churchill's name or logo, or any text, graphic images, or other Content;
- redeliver any of the pages, text, images, or other Content using "framing" technology;
- use devices (including software) that are designed to provide repeated automated access to the Web Site other than those made generally available by Churchill;
- deep link or employ software or any automatic device, technology or algorithm, to "crawl," "scrape," search or monitor the Web Site, provided that generally available third-party web browsers may be used without Churchill's authorization;
- include "Churchill" or any other Churchill trademark, the name of any Churchill personnel, or any variation of any of the foregoing, as a metatag, hidden textual element, or any other indicator that may create a false or misleading impression of affiliation, sponsorship, or endorsement between any user and/or site and Churchill;
- collect or store personal data about other users of the Web Site;
- upload, email or otherwise transmit to the Web Site any material that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software or hardware of file communications equipment that is owned, leased or used by Churchill;
- resell or provide commercial use of the Web Site or the Content, or create any derivative use of the Web Site or the content therein;
- make use of any data mining, robots, or similar data gathering and extraction tools; or
- reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit for any commercial purpose the Web Site.
Churchill reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user's access and/or account. Churchill may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Churchill Privacy Notice, Churchill reserves the right at all times to disclose any information as Churchill deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Churchill's sole discretion.
Links to Churchill's Website from Other Websites
You shall not display hyperlinks on your websites to any website owned or operated by Churchill, including the Web Site. If you desire to display on your website a hyperlink to the Web Site, you must enter into a written agreement with Churchill governing such display. To submit a request to display hyperlinks on your websites to the Web Site, please contact us.
Transmissions to and From this Website
Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from the Web Site may not be secure or confidential. Churchill makes no representation whatsoever concerning the security or confidentiality of your electronic communications and specifically makes no representation that any electronic communications transmitted to the Web Site will be received by Churchill. Communications to Churchill, particularly those containing confidential information, may be sent by mail to: Churchill Asset Management LLC, 375 Park Ave, 9th Floor, New York, NY, 10022. Subject to our Privacy Notice, any electronic communications you transmit to the Web Site, including, but not limited to, data, questions, comments or suggestions, will be treated by Churchill as nonconfidential and nonproprietary. Any such communications, including any ideas, concepts, know-how, or techniques contained therein, may be used by Churchill for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. You hereby waive all rights to any claim against Churchill for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with electronic communications you transmit to the Web Site.
Email and Marketing
Financial professionals who complete the registration process to access information on the Web Site that is restricted to financial professionals are at the same time granting Churchill permission to send them e-mail messages for marketing and general communication purposes at the e-mail address they have provided. This service may be discontinued at any time by responding to the email with "Unsubscribe" in the subject line or by using the Contact Us feature on the Web Site to notify us of your desire not to receive such communications.
Connection Requirements; Passwords and Security
To ensure a high level of confidentiality and security, Churchill maintains physical, electronic and procedural safeguards that meet or exceed federal standards. However, you are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use the Web Site, and Churchill reserves the right to change the access configuration of the Web Site at any time without prior notice. Please note that wireless networks and Wi-Fi network speeds vary by provider and geographic location. We are not responsible for limitations of such services used to access the Web Site.
To access password-protected content on the Web Site, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your login credentials and for any and all activities that occur while logged in or accessing personal account information through the third-party links provided on the Web Site. You will be logged out of certain secure portions of the Web Site after a period of inactivity, at which time you will be required to re-enter your credentials to access secure information. You agree to (a) immediately notify Churchill of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. CHURCHILL WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. HOWEVER, YOU COULD BE HELD LIABLE FOR LOSSES INCURRED BY CHURCHILLOR ANOTHER PARTY DUE TO SOMEONE ELSE USING YOUR ACCOUNT OR PASSWORD. YOU MAY NOT USE ANYONE ELSE'S ACCOUNT AT ANY TIME.
Privacy
For information on how Churchill uses and protects the personal information you may provide in and to the Web Site, please read Churchill's Privacy Notice. Churchill will gather personal information when you complete the Web Site registration form, subscribe to weekly commentary or other marketing collateral or order literature from the Web Site. We also collect general tracking information through our Web Site, such as which pages are viewed at which times, automatically through our web server software. The tracking information is used to give us a summary view of how our Web Site is used. Currently, we track IP addresses of our users on the Web Site in order to provide us with information that will improve our services and help us analyze the data to determine customer interest.
Our Use of Cookies and Other Automatic Data Collection Tools
As you navigate through and interact with the Web Site, we may automatically collect certain information through cookies, web beacons and other tracking technologies, including information about your equipment and usage. This information may include details of your visit to the Web Site, including traffic data, location data, logs and other communication data and the resources that you access and use on the Web Site, the websites that you access immediately before and after your visit to the Web Site, and information about your computer or other device and internet connection, including but not limited to your IP address, operating system and browser type. We do not collect personal information automatically, but we may tie information that we do collect automatically to personal information about you that we collect from other sources or that you provide to us.
The technologies we use for automatic data collection may include:
- Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you access or use the Web Site. You may refuse to accept browser cookies by activating the appropriate setting on your browser. Please note that if you refuse to accept browser cookies, your access to or use of certain portions of the Web Site may be limited.
- Flash Cookies. Certain features of the Web Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on the Web Site. Flash cookies are not managed by the same browser settings used for browser cookies. Please note that your access to or use of certain portions of the Web Site may be limited as a result of any change to such settings.
- Web Beacons. Pages of the Web Site may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We use the information we collect automatically to operate and improve the Web Site. For example, such information enables us to estimate our audience size and usage patterns, customize the Web Site according to your individual preferences and recognize you when you return to the Web Site. We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose the presence of a cookie to third parties in order to advertise our services. For example, we may ask advertisers to display ads promoting our services on other websites based on the presence of a cookie. We may also contract with third-party advertising networks that use cookies, web beacons or other tracking technologies to collect certain non-personal information about your activities on the Web Site and on third-party websites to provide you with targeted advertising based upon your interests. We may also use cookies delivered by third parties to track the performance of our advertisements.
Contents of the Web Site — DISCLAIMER
THE MATERIALS IN AND ON THE WEB SITE (INCLUDING ANY GRAPHICS) AND ANY MATERIALS MADE AVAILABLE THROUGH THE WEB SITE ARE SUBJECT TO APPLICABLE STATUTES AND REGULATIONS, AND ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CHURCHILL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CHURCHILL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE CONTENT COULD BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER ITS RESPECTIVE DATE. CHURCHILL UNDERTAKES NO OBLIGATION TO MAINTAIN THE CURRENCY OF SUCH INFORMATION.
CHURCHILL MAY ESTABLISH HYPERTEXT LINKS BETWEEN THE WEB SITE AND ONE OR MORE WEBSITES OPERATED BY UNAFFILIATED THIRD PARTIES. CHURCHILL HAS NO CONTROL OVER ANY SUCH LINKED WEBSITES AND IS NOT RESPONSIBLE FOR THE CONTENTS THEREOF OR THE PRODUCTS AND SERVICES DESCRIBED THEREIN. CHURCHILL IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. CHURCHILLPROVIDES THESE LINKS TO YOU ONLY AS A CONVENIENCE. THE EXISTENCE OF ANY SUCH LINKS SHALL NOT CONSTITUTE AN ENDORSEMENT OF, OR REPRESENTATION OR WARRANTY BY CHURCHILL REGARDING, SUCH LINKED WEBSITES, THE CONTENTS THEREOF, THE PRODUCTS AND SERVICES DESCRIBED THEREIN OR THE OPERATORS THEREOF. CHURCHILL SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE INCURRED BY YOU IN CONNECTION WITH YOUR ACCESS TO OR USE OF SUCH LINKED WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY SUCH LOSS OR DAMAGE RESULTING FROM ANY HARMFUL COMPONENTS OF OR INACCURACIES IN THE CONTENT OF SUCH LINKED WEBSITES. YOUR ACCESS TO AND USE OF SUCH LINKED WEBSITES IS GOVERNED BY THE TERMS AND CONDITIONS OF USE AND PRIVACY POLICIES APPLICABLE TO SUCH LINKED WEBSITES, AND SHALL BE AT YOUR OWN RISK. CHURCHILL DISCLAIMS ALL RESPONSIBILITY FOR THE PRIVACY POLICIES AND CUSTOMER INFORMATION PRACTICES OF SUCH LINKED WEBSITES.
Operation of the Web Site — DISCLAIMER
CHURCHILL ENDEAVORS TO MAINTAIN THE WEB SITE AND THEIR OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THE WEB SITE OR ITS OPERATION. AS TO THE OPERATION OF THE WEB SITE, CHURCHILL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CHURCHILL MAKES NO WARRANTY THAT (I) THE OPERATION OF THE WEB SITE WILL MEET THE USER'S REQUIREMENTS; (II) ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FREE OF ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THE WEB SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL CHURCHILL OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES ARISING FROM YOUR USE OR ATTEMPTED USE OF, OR INABILITY TO USE, THE WEB SITE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR TRADING LOSSES), EVEN IF SUCH DAMAGES ARE REASONABLY FORESEEABLE OR CHURCHILL OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. FOR THE AVOIDANCE OF DOUBT, CHURCHILL AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR ARISING FROM OR IN CONNECTION WITH:
- ANY ERROR OR OMISSION IN THE WEB SITE OR THE CONTENT AND FOR THE USE OR INTERPRETATION THEREOF BY OTHERS;
- ANY DELAY, TERMINATION, FAILURE, DEFECT, OR INTERRUPTION IN THE TRANSMISSION OF THE WEB SITE OR ANY CONTENT;
- ANY TERMINATION OR INTERRUPTION OF YOUR ACCESS TO THE WEB SITE OR ANY CONTENT;
- YOUR RELIANCE ON OR USE OF THE WEB SITE OR ANY CONTENT;
- ANY ELECTRONIC REQUESTS, ORDERS, OR INSTRUCTIONS YOU SEND, OR THE INTERCEPTION BY THIRD PARTIES OF ANY ELECTRONIC REQUESTS, ORDERS, OR INSTRUCTIONS YOU SEND;
- ANY HARM CAUSED BY THE TRANSMISSION, THROUGH ACCESS OF THE WEB SITE, OF A COMPUTER VIRUS, OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, DELETE, DAMAGE, DISABLE, DISRUPT OR OTHERWISE IMPEDE THE OPERATION OF THE WEB SITE OR OF YOUR SOFTWARE, HARDWARE, DATA OR OTHER PROPERTY;
- ANY ACT OR OMISSION OF CHURCHILL IN MAKING THE WEB SITE OR ANY CONTENT AVAILABLE TO YOU; OR
- ANY OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE WEB SITE OR ANY OF THE CONTENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF CHURCHILL OR WITHIN THE CONTROL OF ANY OTHER PARTY PROVIDING SOFTWARE OR SERVICES SUPPORT FOR THE WEB SITE.
Limitations
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL CHURCHILL'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 IN THE AGGREGATE THE AMOUNT PAID BY YOU TO CHURCHILL, IF ANY, FOR YOUR ACCESS TO THE WEB SITE.
Indemnification
As a condition of, and in exchange for, using the Web Site, you agree to defend, indemnify and hold Churchill and its directors, officers, employees, and agents harmless from and against any and all claims, actions, losses, liabilities, damages, costs and expenses (including but not limited to reasonable attorneys' fees) that may, at any time, arise out of or relate to your authorized, unauthorized, lawful or unlawful use of the Web Site and/or the Content, your breach of the Terms, as may be modified from time to time in Churchill's sole discretion, your inability to access the Web Site and/or any Content, the use of any linked web sites, your reliance on any errors or omissions in the Web Site and/or the Content, or the propagation and/or contraction of any computer virus in connection with your use of the Web Site and/or the Content.
Notices
Any notices to you from Churchill regarding the Web Site or these Terms will be posted on the Web Site or made by e-mail or regular mail. When you visit the Web Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Web Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.
Governing Law
These Terms shall be governed and construed under the laws of the State of New York without regard to its conflict of law principles, regardless of whether you reside in New York or transact business with Churchill in New York or elsewhere. If you take legal action relating to these Terms or your use of the Web Site or the Content, you agree to file such action only in the New York State Supreme Court located in New York, NY, or the United States District Court for the Southern District of New York, and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any action relating to these Terms or your use of the Web Site or the Content.
Waiver
No waiver by Churchill of any right under or term or provision of these Terms will be deemed a waiver of any other right, term, or provision of these Terms at that time or a waiver of that or any other right, term, or provision of these Terms at any other time.
Severability
Whenever possible, each provision of these Terms will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these Terms is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other provision of these Terms in any manner or the effectiveness, validity and enforceability of such provision in any other jurisdiction.
Entire Agreement
These Terms represent the entire agreement between you and Churchill relating to the subject matter hereof.
No Partnership or Agency
Neither these Terms, nor any content, materials or features of the Web Site create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.