Please read these terms and conditions carefully. By accessing this web site and any pages hereof, you are indicating that you have read, acknowledge, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access this web site. SMH Capital (“SMH”) reserves the right to change these Terms of Use, which you are responsible for regularly reviewing and your continued use of this web site constitutes agreement to all such changes. As used herein, SMH Capital and SMH mean SMH Capital Inc. and its affiliates.

General Information

This web site is comprised of various web sites operated by SMH Capital Inc. (collectively, the "web site"). Certain sections of or pages on this web site may contain separate terms and conditions, which are in addition to these Terms of Use. You should read those additional terms and conditions carefully. By accessing such sections or pages, you agree to be bound by those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern your use of those sections or pages.

Unauthorized use of SMH Capital ’s web site and systems, including, but not limited to, unauthorized entry into SMH Capital 's systems, misuse of passwords, or misuse of any other information, is strictly prohibited. You may not use this web site in any manner that could damage, disable, overburden, or impair any SMH Capital site or service or interfere with any other party's use and enjoyment of any SMH Capital site or service. You may not attempt to gain unauthorized access to any SMH Capital site or service, computer systems or networks connected to any SMH Capital site or service, through hacking, password mining, or any other means. You agree that you will not engage in any activities related to this web site that are contrary to applicable laws or regulations.

SMH Capital reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve, or correct the information, materials, and descriptions on this web site and to suspend and/or deny access to this web site for scheduled or unscheduled maintenance, upgrades, improvements, or corrections. The information and materials on this web site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and SMH Capital does not undertake any obligation or responsibility to update or amend any such information. SMH Capital may discontinue or change any product or service described in or offered on this web site at any time.

Disclaimer of Warranty and Limitation of Liability

The information, products and services on this web site are provided on an "AS IS," "WHERE IS," and "WHERE AVAILABLE" basis. SMH Capital does not warrant the information or services provided herein or your use of this web site generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability, or fitness for a particular purpose. SMH Capital will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via this web site. Although the information provided to you on this web site is obtained or compiled from sources we believe to be reliable, SMH Capital 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 SMH Capital , 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 web site, or resulting from the act or omission of any other party involved in making this web site, the data contained herein or the products or services offered on this web site available to you, or from any other cause relating to your access to, inability to access, or use of the web site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of SMH Capital or of any vendor providing software or services. In no event will SMH Capital or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, consequential, or incidental damages or any other damages of any kind even if SMH Capital or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses, which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone, or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems, or any force majeure. SMH Capital cannot and does not guarantee continuous, uninterrupted, or secure access to the web site.

Proprietary Rights

All right, title, and interest in this web site and any content contained herein is the exclusive property of SMH Capital , except as otherwise stated. Unless otherwise specified, this web site is for your personal and non-commercial use only and you may print, copy, and download any information or portion of this web site for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products, or services obtained from this web site, except for the purposes expressly provided herein, without SMH Capital 's prior written approval. If you copy or download any information or software from this web site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.

SMH Capital , the SMH logo, and other SMH Capital trademarks and service marks referenced herein are trademarks and service marks of SMH Capital . The names of other companies and third-party products or services mentioned herein may be the trademarks or service marks of their respective owners. You are prohibited from using any marks for any purpose including, but not limited to use as metatags on other pages or sites on the Internet without the written permission of SMH Capital or such third party, which may own the marks.

Pursuant to Section 512(c)(2) of the Copyright Act, SMH Capital designates the following agent to receive notifications of claimed infringement: John T. Unger, SMH Capital , 1600 Travis, Suite 3100, Houston, Texas 77002; fax: (713) 220-5182.

Use of Links

This web site contains links to third party web sites. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification, or monitoring by SMH Capital of any information contained in any third party web site. In no event shall SMH Capital be responsible for the information contained on that site or your use of or inability to use such site. You should also be aware that the terms and conditions of such site and the site's privacy policy may be different from those applicable to your use of this web site.

Restrictions on Use; No Offer of Securities Products

This web site is provided for informational purposes only and is not directed at, or intended for distribution to, or use by, any person or entity who is a citizen or resident of or located in any jurisdiction (a) where such distribution, publication, availability, or use would be contrary to applicable laws, rules, or regulation of any governmental authority or regulatory, self-regulatory organization, or clearing organization, (b) where SMH Capital is not authorized to provide information or service, or (c) which would subject SMH Capital to any registration or licensing requirement within such jurisdiction. Some products and services described in this web site may not be available in all jurisdictions or to all clients. SMH Capital is a U.S. registered broker dealer and is a member of and regulated by the National Association of Securities Dealers Inc.

The material on this web site has been prepared for informational purposes only. None of the information contained in this web site constitutes a recommendation, solicitation, or offer by SMH Capital or its affiliates to buy or sell any securities, futures, options, or other financial instruments or provide any investment advice or service. The information contained in this web site has been prepared without reference to any particular user's investment requirements or financial situation. Certain transactions give rise to substantial risk and are not suitable for all investors.

SMH Capital will not treat users of this web site as its clients by virtue of them accessing it. Prior to the execution of any transaction by you involving information you received from this web site, you should consult your business advisor, attorney, and tax and accounting advisors with respect to the price, suitability, value, risk, or other aspects of any stock, mutual fund, security, or other investment. Pricing and other information generated through the use of data or services made available herein may not reflect actual prices or values that would be available in the market at the time provided or at the time that the user may want to purchase or sell a particular security or other instrument.

Privacy Policy

See the SMH Capital Privacy Policy for information relating to the collection and use of your personal information.

SMH Capital uses certain technology on its web sites to collect information from visitors and may compile aggregate statistical information about how visitors use our web sites, including information relating to the frequency of visits, the average length of visits, which pages are viewed during a visit, and the effectiveness of advertising on our web sites. SMH Capital may use this information to improve the web site content and performance. No individually identifiable information is collected for this purpose and SMH Capital does not monitor individual visitor behavior.

In addition, for users of non-public areas of our web sites, "session cookies" allow SMH Capital to recognize your computer each time you return and verify your registration or password information during a particular session so that you do not have to input such information multiple times as you navigate those areas. For information about how specific SMH Capital areas may use session cookies, please review the applicable terms of use and privacy policies specific to each area.

Most web browser software allows you to modify your preferences to be notified when a cookie is set, or to reject all cookies. If you choose to reject our cookies, some areas of our web sites may not function properly.

Choice of Law

These Terms of Use shall be governed by and construed in accordance with the laws of the state of New York, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall be in an appropriate state or federal court located in the County of Harris, State of Texas and the parties unconditionally waive their respective rights to a jury trial. 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. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. These Terms of Use constitute the entire agreement between SMH Capital and you with respect to this site and it supersedes all prior or contemporaneous communications, agreements and understandings between SMH Capital and you with respect to the subject matter hereof. SMH Capital . A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings.

© Copyright 2006 – SMH Capital Group Inc. – All rights reserved