Disclosure Information
Mercadien Asset Management, LLC (“Mercadien”) is registered with the U.S. Securities and Exchange Commission (“SEC”) as an Investment Adviser under the U.S. Investment Advisers Act of 1940. Mercadien and its representatives are in compliance with the current filing requirements imposed upon SEC registered investment advisers by those states and/or territories (“states”) in which Mercadien maintains clients. For information pertaining to the registration status of Mercadien, please contact the SEC or the state securities law administrators for those states in which Mercadien maintains a notice filing.
Mercadien enters into a new client relationship only after it provides and obtains certain information. Mercadien will not provide any investment advice or supervision without a fully executed Investment Advisory Agreement. In addition, Mercadien may only transact business in those states or territories in which it is registered and in good standing or qualifies for an exemption from registration requirements or exclusion from the statutory definition of an “investment adviser.” Every prospective Mercadien client is provided with a copy of Mercadien’s written disclosure statement on Form ADV-Part II, including Schedule F thereof, and Privacy Policy. A copy of Mercadien’s current written disclosure statement discussing Mercadien’s business operations, services, and fees is available from Mercadien upon written request. You can also view our most recent Form ADV online by visiting the Investment Adviser Public Disclosure (IAPD) web site at www.sec.gov
The USA PATRIOT Act, passed in response to the events of September 11, 2001, requires certain financial service providers to request specific information from clients. Accordingly, Mercadien acts to verify a potential client’s identity and makes a risk assessment of their financial and business activities.
The information provided on this web site is for informational purposes only and is not intended to solicit clients or provide any investment advice or service. Mercadien makes no representations or warranties as to the accuracy, timeliness, suitability, completeness, or relevance of any information, whether linked from other sites to Mercadien’s web site or incorporated herein, and takes no responsibility therefor. The content of this web site offers general information only about Mercadien and is provided solely for convenience purposes only and all users thereof should be guided accordingly. Mercadien’s web site is limited to the dissemination of general information pertaining to its advisory services, together with access to additional investment-related information, publications, and links. Accordingly, the publication of Mercadien’s web site on the Internet should not be construed by any consumer and/or prospective client as Mercadien’s solicitation to effect, or attempt to effect transactions in securities, or the rendering of personalized investment advice for compensation, over the Internet. Any subsequent, direct communication by Mercadien with a prospective client shall be conducted by a representative that is either registered or qualifies for an exemption from registration or exclusion from the definition of “investment advisor representative” in the state where the prospective client resides. Certain portions of Mercadien’s web site (i.e., newsletters, articles, commentaries, etc.) may contain a discussion of, and/or provide access to, Mercadien’s (and those of other investment and non-investment professionals) investment positions and/or recommendations as of a specific prior date. Due to various factors, including changing market conditions, such discussion may no longer be reflective of current position(s) and/or recommendation(s). Moreover, no client or prospective client should assume that any such discussion serves as the receipt of, or substitute for, personalized advice from Mercadien or from any other investment professional. Mercadien is neither a law firm nor accounting firm, and no portion of the web site content should be interpreted as legal, accounting or tax advice.
At certain places on this site, live “links” to other Internet addresses (whether of affiliated or nonaffiliated persons) may be accessed. Such external Internet addresses contain information created, published, maintained, and otherwise posted by institutions or organizations independent of Mercadien. Mercadien does not endorse, approve, certify, or control these external Internet addresses and does not guarantee or assume responsibility for the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Reference therein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by Mercadien.
Nothing on this web site shall be construed as advice for any particular investment need or investor. All references regarding investment or portfolio returns are based on historical data. One should not assume that this performance will continue in the future as past performance or results are not an indication of future performance or results. Past performance may not be indicative of future results. Therefore, no current or prospective client should assume that future performance of any specific investment, investment strategy (including the investments and/or investment strategies recommended or undertaken by Mercadien) or product made reference to directly or indirectly by Mercadien in its web site, or indirectly via a link to an unaffiliated third party web site, will be profitable or equal the corresponding indicated performance level(s). Different types of investments involve varying degrees of risk, and there can be no assurance that any specific investment will either be suitable or profitable for a client or prospective client’s investment portfolio. Historical performance results for investment indices and/or categories generally do not reflect the deduction of transaction and/or custodial charges, the deduction of an investment management fee, nor the impact of taxes, the incurrence of which would have the effect of decreasing historical performance results.
Included in this material are various “forward-looking statements”, including statements regarding the intent, opinion, belief or current expectations of Mercadien with respect to, among other things, (i) goals and strategies, (ii) new investments, (iii) marketing plans and Mercadien’s target market, (iv) evaluation of the securities markets, industry competition and competitive positions of prospective companies in which to invest, and (v) trends which may be expressed or implied by financial or other information or statements contained herein. Such forward-looking statements are not guarantees of future performance and involve known and unknown risks, uncertainties and other factors that may cause the actual results, performance and outcomes to be materially different from any future results, performance or outcomes expressed or implied by such forward-looking statements.
To the extent that any client or prospective client utilizes any economic calculator or similar device contained within or linked to Mercadien’s web site, the client and/or prospective client acknowledges and understands that the information resulting from the use of any such calculator/device, is not, and should not be construed, in any manner whatsoever, as the receipt of, or a substitute for, personalized individual advice from Mercadien, or from any other investment professional.
As a registered investment adviser, Mercadien is required to adopt and enforce a code of ethics that establishes the standards of conduct expected of all employees and reflects our fiduciary duties. A copy of Mercadien’s Code of Ethics will be provided to any client or prospective client upon request.
Business Continuity Plan	Top
In the event of an internal or external significant business disruption, if telephone service is available, our registered associates will take customer orders or instructions and contact our executing broker-dealer on their behalf. In the event that our offices cannot be reached directly, our clients may contact RBC Dain Rauscher directly at (888) 462-1816. Each client and prospective client agrees, as a condition precedent to his/her/its access to Mercadien’s web site, to release and hold harmless Mercadien, its officers, directors, owners, employees and agents from any and all adverse consequences resulting from any of his/her/its actions and/or omissions which are independent of his/her/its receipt of personalized individual advice from Mercadien.
IMPORTANT CONSUMER INFORMATION - California Disclosure:	Top
A broker/dealer, investment advisor, broker-dealer agent or investment adviser rep 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 broker/dealer, investment adviser, or broker-dealer agent or investment adviser rep requirements, as the case may be; and follow-up, individualized responses to consumers in a particular state by broker/dealer, investment adviser, broker-dealer agent or investment adviser rep 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 broker/dealer, investment adviser, broker-dealer agent or investment adviser rep requirements, or pursuant to an applicable state exemption or exclusion. For information concerning the licensing status or disciplinary history of a broker/dealer, investment adviser, broker-dealer agent or investment adviser rep, a consumer should contact his or her state securities law administrator.
Privacy disclosure statement	Top
The Securities and Exchange Commission adopted Regulation S-P to address our obligation as an investment adviser to protect our clients’ financial privacy. In conducting regular business on behalf of our clients, we have access to certain nonpublic personal information. Mercadien shares nonpublic information solely to service our client accounts (trade settlement, etc.). We do not disclose any nonpublic personal information about our customers or former customers for any other purpose. Mercadien will internally safeguard nonpublic personal information by only allowing access to our employees and to those who need access to such information to service our client accounts. In addition, we will maintain physical, electronic and procedural safeguards that meet all federal standards to guard your nonpublic personal information.
TERMS AND CONDITIONS OF ACCESS TO SITE
Please read these Terms and Conditions carefully. Your navigation through and use of the Mercadien web site constitutes your acceptance of these Terms and Conditions (“Terms”).
Modification and Monitoring of the web site	Top
Mercadien reserves the right, at our 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 the link at the bottom of our web site pages. If you use the Mercadien web site after we post changes to the Terms, you accept the changes. Mercadien reserves the right to monitor any and all use of this web site to enhance the overall experience of its visitors.
No Offer of Securities	Top
The material on this web site does not constitute an offer to sell, or the solicitation of an offer to buy, advisory services or any securities or any interests in any investment funds managed by Mercadien. Offerings of securities are made only by prospectus or private offering memoranda by persons who are registered, or not required to be registered as broker-dealers or agents in the particular jurisdiction. Responses to any inquiry which may involve rendering of personalized investment advice for compensation or effecting or attempting to effect transactions in securities will not be made absent compliance with applicable state and/or federal investment adviser and investment adviser representative registration requirements, or applicable exemptions or exclusions from such requirements. This web site is not intended for distribution to or use by any person in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. The information and products described on this web site are intended to be made available to only persons in the United States.
Trademarks/Service Marks and Copyrights	Top
The content of this web site is protected by applicable copyright laws. Images displayed on this web site are either the property of, or used with permission by, Mercadien. Without specific permission, it is prohibited to copy, distribute, modify, post or frame any text, graphics, video, audio, software code, or user interface design or logos found within this web site. Any unauthorized use of these items may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. All trademarks, service marks, logos, and icons used by Mercadien or any Mercadien affiliated company are proprietary to Mercadien. Nothing contained on the web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade mark or service mark displayed on this web site without the written permission of Mercadien or such third party that may own the trademarks or service marks displayed on this web site. Your use of the trademarks or service marks displayed on this web site, or any other content on this web site, except as provided herein, or any other content on this web site, except as provided herein, is strictly prohibited. Inquiries concerning use of Mercadien trademarks, service marks, trade Pacific Sun Financials, logos, icons, copyrights, or other intellectual property should be addressed to Mercadien, P.O. Box 7648, Princeton, NJ, 08540-7648, USA. Any communications or material you transmit to this web site by electronic mail or otherwise, including data, questions, comment, or suggestions, will not be treated as confidential nor as proprietary and will become the property of Mercadien or its affiliates. Such communications or material shall be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Mercadien is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this web site for any purpose whatsoever, including, but not limited to, developing and marketing products using such information. All trademarks, service marks, and logos used by Mercadien or its subsidiaries are registered trademarks or service marks of Mercadien. We are very protective of our trademarks and service marks. All use of these marks must be with our permission. We will file appropriate legal actions to enjoin the unauthorized use of these marks. Under the law, we may be entitled to collect your profits, our actual damages, and, perhaps, even our attorneys’ fees. We thank you for your cooperation.
Privacy Policy	Top
We use information you provide to us through the web site solely to enhance your experience with the web site. Over time, this information allows us to better design web services to fit your needs. Mercadien does not sell or provide your personal information to outside parties.
Third Party Content	Top
Mercadien is in no way responsible for the content of any web site owned by a third party that may be linked to the web site via hyperlink, whether such hyperlink is provided by Mercadien or a third party.
Disclaimer	Top
ALL INFORMATION AND CONTENT ON THIS WEB SITE ARE, SUBJECT TO APPLICABLE STATUTES AND REGULATIONS, FURNISHED “AS IS” WITHOUT ANY IMPLIED OR EXPRESSED WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Mercadien intends that the information contained on the web site will be accurate and reliable, however, errors sometimes occur. Mercadien does not warrant that the information contained on the web site will be uninterrupted or error-free, that defects will be corrected, or that this web site or the services that make it available are free from viruses or harmful components.
Modification/Integration	Top
We reserve the right to change these Terms, and other information available on the web site, without notice. Your use of the web site following the posting of any revision implies your consent to the policy as revised. These conditions set out the entire agreement between Mercadien and you relating to your use of this web site.