YOU SHOULD READ THIS LEGAL AND PRIVACY STATEMENT BEFORE USING THIS WEBSITE.

By continuing to access or use this website, you expressly acknowledge and agree to the terms and conditions set forth in this Legal and Privacy Statement. Odeon reserves the right to modify this Legal and Privacy Statement at any time, so you should review these terms and conditions whenever accessing or using this website. By using the website after the posting of modifications to the terms and conditions set forth in this Legal and Privacy Statement, you signify your acceptance of such terms and conditions, as modified. You may not use this website if, at any time, you do not wish to accept the terms and conditions as set forth in this Legal and Privacy Statement.

All information and material including images, text and audio on this website is the property of Odeon Capital Group LLC (“Odeon”) and is subject to copyright. All other trade marks, if any, on this website are the property of their respective owners. You are entitled to view, copy and print any documents from this website but only for your own internal business purposes. You acquire absolutely no rights or licenses in or to the website or the materials contained within the website other than the limited right to use the website in accordance with this Legal and Privacy Statement. Any sale, transmission or redistribution of this website or its content, and any copying, modification or other use of this website or its content for any purposes other than your own internal business purposes, are strictly prohibited. All present and future rights in and to trade secrets, trademarks, service marks, copyrights and other proprietary rights under the laws of any domestic or foreign governmental authority (the “Intellectual Property Rights”) shall at all times be and remain the sole and exclusive property of Odeon as between you and Odeon. Except as specifically permitted by the terms of this Legal and Privacy Statement, you shall not use the Intellectual Property Rights or the website, or any derivations thereof, for any purpose, without Odeon’s prior written approval. You agree to protect the proprietary rights of Odeon and all others having rights in the website and to comply with all reasonable written or electronic requests made by Odeon or its suppliers of content or otherwise (“Suppliers”) to protect their and others’ contractual, statutory and common law rights in the website. You agree to provide Odeon with prompt written notice of any unauthorized access or use of the website by any party or of any claim that the website infringes upon any copyright, trademark or other contractual, statutory or common law rights.

This website is provided solely for information purposes and, with the exception of this Legal and Privacy Statement or as otherwise indicated, is not intended to, and shall not, constitute any offer or acceptance with the respect to any transactions or other matters. Except for this Legal and Privacy Statement, this website shall not create any legal relationship between you and Odeon.

This website and the information and material which it contains are subject to change at any time by Odeon without notice and Odeon reserves the right to suspend, terminate or restrict your access to or use of this website. This website is provided “AS IS” without any warranty of any kind, express or implied, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of the information contained on this website or in respect of any materials or products referred to on this website, or non-infringement. Difficulties in use of this website could involve, among others, failures, delays, malfunction, software erosion, inadvertent disclosure of information provided to Odeon via this website, or hardware damage, which difficulties could be the result of hardware, software or communication link inadequacies or other causes. Such difficulties could lead to possible economic and/or data loss. Odeon does not warrant that the website is compatible with your equipment or that the website is free of errors, viruses or worms. In no event shall Odeon be liable for any damage you may suffer as a result of such destructive features. All warranties, whether express or implied, are hereby excluded to the extent permitted by law.

Odeon and its directors, officers, employees and agents shall, to the extent permitted by law, have no liability, contingent or otherwise, whether caused by the negligence of Odeon, its employees, subcontractors, agents, Suppliers, or otherwise, to you or to third parties for the accuracy, timeliness, completeness, reliability, performance or continued availability of this website or for delays or omissions therein, including, but not limited to, inaccuracies or errors in or omissions from quotes and financial data. Odeon shall have no responsibility to maintain the information or services made available on this website or to supply any corrections or updates in connection with such information or services. IN NO EVENT WILL ODEON, ITS SUPPLIERS, OR ITS THIRD PARTY AGENTS BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFIT, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL OR REPUTATION OR WASTED MANAGEMENT TIME) WHICH MAY BE INCURRED OR EXPERIENCED ON ACCOUNT OF YOUR USING OR RELYING ON THIS WEBSITE OR ANY INFORMATION OR LINKS ON IT , EVEN IF ODEON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Any limitations or restrictions on liability in this Legal and Privacy Statement shall only apply to the extent permitted by applicable law. In no event shall Odeon’s total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you to Odeon, if any, for accessing this website.

Nothing set forth in this website should be construed as a recommendation to purchase or sell any product or instrument or to enter into any transaction, or as a representation that any particular product or instrument is suitable or appropriate for you. Many of the products described in this website involve significant risks and you should not enter into any transactions unless you fully understand all of these risks and have independently determined that the risks are acceptable to you and that the transactions are appropriate for you in light of your objectives, experience, financial and operational resources and other relevant circumstances. Any discussion of risks contained in this website, however, should not be considered to be a disclosure of the risks of particular transactions, or a complete discussion of the risks which are mentioned.

You should not construe any of the material contained in this website as business, financial, investment, hedging, trading, legal, regulatory, tax or accounting advice and you should not make this website the primary basis for any trading decisions. In providing this website and entering into any transactions in the products described in this website, Odeon is acting solely in the capacity of an arm’s length contractual counterparty and not as a financial advisor or a fiduciary. Under no circumstances should Odeon be considered your advisor or fiduciary and, if you require advice with respect to the products identified in this website or any contemplated transactions, you should consult your own business, financial, accounting or legal advisors.

This website may provide links to certain websites sponsored and maintained by Odeon as well as those sponsored or maintained by third parties. Such third party websites are publicly available and Odeon is providing access to such websites through this website solely as a convenience to you. The content of such third party websites, services, goods or advertisements that may be linked to this website is not maintained or controlled by Odeon, and Odeon makes no representations or warranties concerning the content of such websites and the fact that access to such websites is provided does not constitute any endorsement, authorization or sponsorship of such websites or their sponsors by Odeon nor is there any affiliation between Odeon and such sponsors and such sponsors do not endorse, authorize or sponsor this website. Moreover, Odeon is in no way responsible for the availability, content or accuracy of other websites, services or goods that may be linked to, or advertised on, the website and does not make any warranty, express or implied, with respect to the use of the links provided on, or to, the website or guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, goods or advertisements that may be linked to the website. You understand and agree that you will use or rely on such websites solely at your own risk and that Odeon does not grant to you any rights in respect of such websites.
In the course of your use of this website, you may provide, or Odeon may otherwise obtain, information about you or your business activities. By using this website, you expressly consent to Odeon (1) using this information to assess the function and performance of this website, to assess the needs of its customers, to market Odeon’s products and services and for the other purposes set out in this paragraph, and (2) transferring this data to Odeon affiliates throughout the world for the purposes specified in (1) above. Any information which you provide or which Odeon otherwise obtains will be used by Odeon for any and all business purposes. In the event that Information is submitted through your access to the website erroneously, or you later determine that Information should not have been submitted, for any reason, You accept full financial responsibility for such entry. Further, by logging onto to our website on behalf of an entity or corporation, you are agreeing that you have the right and authority to bind that entity or corporation to the obligations and responsibilities incurred by utilizing this website.

You agree, at your own expense, to indemnify, defend and hold harmless Odeon and its employees, representatives, Suppliers and agents, against any claim, suit, action or other proceeding against Odeon, its employees, representatives, Suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding is based on or arises in connection with your use of the website, or any links on the website, including, but not limited to: (i) your use or someone using your computer’s use of the website; (ii) your use or someone using any password you may obtain; (iii) a violation of the terms set forth in this Legal and Privacy Statement by you or anyone using your computer or password; (iv) a claim that any use of the website by you or someone using your computer or password infringes any intellectual property right of any third party, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the website by you or someone using your computer or password; (vi) any misrepresentation or breach of representation or warranty made by you contained herein: or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, and action or proceeding attributable to any such claim.

The terms of this Legal and Privacy Statement shall be governed by, and construed in accordance with, the laws of the State of New York applicable to contracts made and to be fully performed in such State without reference to principles of conflict of laws. The user of this website agrees that by using this web they submit to the jurisdiction of the Supreme Court of the State of New York and the United States District Court for the Southern District of New York for the enforcement of the terms of this Legal and Privacy Statement and any disputes related to same and agrees to service of process by mail.

Important Legal Information

Odeon and its affiliates do not intend the information provided on this site to be distributed to, or used 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 Odeon or its affiliates to any registration requirement within such jurisdiction or country. Neither the information, nor any opinion contained in this site constitutes a solicitation or offer by Odeon or its affiliates to buy or sell any securities, futures, options or other financial instruments or provide any investment advice or service.

Although the information provided to you on this site is obtained or compiled from sources we believe to be reliable, Odeon cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither Odeon, nor any of its affiliates, directors, officers or employees, nor any third party vendor will 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 resulting from the act or omission of any other party involved in making this site or the data contained therein available to you, or from any other cause relating to your access to, inability to access, or use of the site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Odeon or of any vendor providing software or services support.

Business Continuity Plan

Odeon Capital Group LLC has developed a Business Continuity Plan on how we will respond to events that significantly disrupt our business. Since the timing and impact of disasters and disruptions is unpredictable, we will have to be flexible in responding to actual events as they occur. With that in mind, we are providing you with this information on our business continuity plan.

Contacting Us

If after a significant business disruption you cannot contact us as you usually do at 212-257-6970, you should call our alternative number 646-262-1352 or 516-317-4432 or go to our web site at www.odeoncap.com.

For liquidating orders, check/wire transfers, security transfer please call the following:
Pershing LLC
P.O. Box 2065
Jersey City, New Jersey 07303-2065
Phone: (201) 413 3635
Fax: (201) 413 5368

Our Business Continuity Plan

We plan to quickly recover and resume business operations after a significant business disruption and respond by safeguarding our employees and property, making a financial and operational assessment, protecting the firm’s books and records, and allowing our customers to transact business. In short, our business continuity plan is designed to permit our firm to resume operations as quickly as possible, given the scope and severity of the significant business disruption.

Our business continuity plan addresses: data back up and recovery; all mission critical systems; financial and operational assessments; alternative communications with customers, employees, and regulators; alternate physical location of employees; critical supplier, contractor, bank and counter-party impact; regulatory reporting; and assuring our customers prompt access to their funds and securities if we are unable to continue our business.

Our clearing firm, Pershing LLC, backs up our important records in a geographically separate area. While every emergency situation poses unique problems based on external factors, such as time of day and the severity of the disruption, we have been advised by our clearing firm that its objective is to restore its own operations and be able to complete existing transactions and accept new transactions and payments hopefully within a 24-hour time period for an interruption of service and between a 24 to 48 hour time period for a minor disasters as indicated in our clearing firm’s most recent BCP Disclosure. Your orders and requests for funds and securities could be delayed during this “interruption” period.

Varying Disruptions

Significant business disruptions can vary in their scope, such as only our firm, a single building housing our firm, the business district where our firm is located, the city where we are located, or the whole region. Within each of these areas, the severity of the disruption can also vary from minimal to severe. In a disruption to only our firm or a building housing our firm, we will transfer our operations to a local site when needed and expect to recover and resume business within a 24-hour time period. In a disruption affecting our business district, city, or region, we will transfer our operations to a site outside of the affected area, and recover and resume business within a 24-48hour time period. In either situation, we plan to continue our business, transfer operations to our clearing firm if necessary, and notify you through our web site or our customer emergency numbers above as to how to contact us. If the significant business disruption is so severe that it prevents us from remaining in business, we will assure our customer’s prompt access to their funds and securities through our clearing firm.

Important Information About Procedures for Opening a New Account

To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.

What this means for you: When you open an account, we will ask for your name, address, date of birth and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.

For more information

If you have questions about our business continuity planning or would like a copy of our plan, you can contact us at 212-257-6970 or email mvanalstyne@odeoncap.com (revised 1-13)

PRIVACY POLICY NOTICE

The Firm’s Privacy Policy sets forth the manner in which Odeon Capital Group LLC (the “Firm”) may collect, utilize and maintain nonpublic personal information about customers, as required under federal and other applicable law. The Firm is committed to protecting privacy and maintaining the confidentiality and security of an customer’s personal information. As noted above, this Privacy Policy only applies to products and services provided by the Firm to individuals and which are used for personal, family, or household purposes (not business purposes).

Collection of Customer Information

1. The Firm may collect personal information about customers from the following sources:
2. Customer questionnaires and other information provided by the customer in writing, in person, by telephone, electronically or by any other means. This information may include name, address, employment information, and financial and investment qualifications, as applicable;
3. Information about customers from financial institutions and service providers with whom an customer may have authorized to provide such information to the Firm;
4. Transactions in an customer’s account, including account balances, investments, contributions and withdrawals; and
5. Verification services and consumer reporting agencies, including a customer’s creditworthiness or credit history, as applicable.

Disclosure of Nonpublic Personal Information

The Firm does not disclose nonpublic personal information about customers or potential customers to affiliates or nonaffiliated third parties except as permitted by law. For example, the Firm may share nonpublic personal information about customers, without the customer’s consent, with affiliated and nonaffiliated parties in the following situations, among others:

1. In connection with the administration and operations of the Firm and other of the Firm’s products and services, with the Firm’s brokers, attorneys, accountants, auditors, administrators or other service providers;
2. To respond to a subpoena or court order, judicial process or regulatory inquiry;
3. In connection with a proposed or actual sale, merger, or transfer of all or a portion of its business;
4. To protect or defend against fraud, unauthorized transactions (such as money laundering), law suits, claims or other liabilities;
5. To respond to requests for information regarding compliance with anti-money laundering laws;
6. Upon consent of a customer to release such information, including authorization to disclose such information to persons acting in a fiduciary or representative capacity on behalf of the customer; and
7. To assist the Firm in offering affiliated products and services to customers.

As indicated above, the foregoing may include responses to inquiries for purposes of compliance with anti-money laundering and anti-terrorist due diligence, disclosure or reporting requirements. The Firm also may share nonpublic personal information about customers at customer direction or with customer consent.

Former and Prospective Customers

The same Privacy Policy applies to former and prospective customers.

Protection of Subscriber Information

The Firm maintains physical, electronic and procedural safeguards that comply with federal standards to protect customer information. The Firm restricts access to the personal and account information of customers to those employees who need to know that information in the course of their job responsibilities.

Further Information

The Firm reserves the right to change its Privacy Policy at any time. The examples contained within this Policy are illustrations and are not intended to be exclusive. The Firm’s Privacy Policy complies with federal law regarding privacy. Customers may have additional rights under other foreign or domestic laws that may apply. (revised 5-10)