“Contents” include any images, text, illustrations, charts, data, designs, icons, photographs, programs, music clips, downloads, video clips, graphics, user interfaces, visual interfaces, information, forms, documents, web application and other content present on or available to you from the Site. “Web Application” means any computer application that is accessible to you via a web browser over a network.
Limited Right to Use
The Firm grants you a limited right to use the Site. Your right to use the Site is subject to your agreement to abide by these Terms in their entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site. At any time and for any reason the Firm may revoke your right to use all or any portion of the Site.
You may not reproduce, retransmit, disseminate, sell, publish, broadcast, nor shall any of the Contents be used in connection with creating, promoting, trading, or marketing financial instruments or products without the express written consent of the Firm.
Copyright and Proprietary rights in marks, logos and Contents
All service marks and logos located on the Site are owned by the Firm unless otherwise indicated. All Contents are the Firm’s property, unless otherwise noted. All Contents are protected by United States copyright laws and all other applicable laws. Removal or reproduction, by any means, of any Contents, logo, trademark, service mark, or the name of the Firm or its affiliates, is expressly prohibited without the prior written consent of the Firm.
Updates to the Site
The Firm reserves the right to make changes to the Site and these Terms at any time without prior notice to you. For this reason, each time you use the Site, you should visit and review the then-current Terms that apply to your use of the Site.
Prohibited Uses and Terms
Except as otherwise stated in these Terms or as expressly authorized by the Firm in writing, you may not:
- Use the Site in any manner that could damage or overburden the Firm’s server, or any network connected to the Firm’s server, as all servers have limited capacity and are used by many people;
- Use the Site in any manner that would interfere with another party’s use of the Site;
- Include the term “PeakStone Wealth Management,” or any name of the Firm’s executive, or any variation of the foregoing, as a meta-tag, hidden textual element;
- Use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy the Site or its Content without the Firm’s permission, provided that generally available third-party web browsers may be used without such permission; or
- Use the Site or the Contents in any manner that could create impression of affiliation, sponsorship or endorsement by the Firm.
Password Security and Notification
Certain parts of the Site are protected by passwords or require a login and are restricted to authorized users only. You may not obtain unauthorized access to such parts of the Site, or to any other protected Contents or information, through any means not intentionally made available by the Firm for your specific use. If you have a Password for access to non-public areas of the Site, you are solely responsible for all activities that occur in connection with your Password. Accordingly, you should take all reasonable steps to protect the confidentiality of your Password. Notify the Firm immediately if you become aware of any disclosure, loss, theft or unauthorized use of your Password.
Privacy, Comments and Other Disclosures
Email and Marketing
Visitors to our Site who fill out an online form, sign up for our newsletter, fill out our contact us form are at the same time granting the Firm 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 using the unsubscribe link provided in such email messages or responding to the email with “Unsubscribe” in the subject line.
Links to Other Websites
Blogs and Social Networks
Certain areas within the Site may allow you to participate in blog discussions and other forms of social networking. These blogs and social networks are accessible to other users, and any information posted in such areas can be read, collected, shared, or otherwise used by other users who access the Site. You are solely responsible for any information you choose to submit in these forums.
Limitation of Liability
The Firm and its associates will not be liable to you or anyone else for any damages of any kind, including, but not limited to, direct, consequential, incidental, special or indirect damages (including but not limited to lost profits, trading losses or damages that result from use or loss of use of the Site), even if the Firm has been advised of the possibility of such damages or losses, including, without limitation, from the use or attempted use of this Site or another linked website.
If you live in a state that does not allow the limitation or exclusion of liability or incidental or consequential damages some or all of these limitations and exclusions may not apply to you.
Representation and Warranties
You represent and warrant that: (i) you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to these Terms (ii) you have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of these Terms; and (iii) you will not delete any Content.
Effect on Other Agreements
Nothing contained in these Terms are intended to modify or amend any other written agreement you may have with the Firm (including without limitation any advisory agreement) (“Other Agreements”) if any, that may currently be in effect. In the event of any inconsistency between these Terms and any Other Agreements, the Other Agreements will govern. Some pages within the Site contain supplemental terms and conditions and additional disclosure and disclaimers, which are in addition to these Terms. In the event of a conflict, the supplemental terms and conditions and additional disclosures and disclaimers will govern for those sections or pages.
Headings used in these Terms are for reference purposes only and in no way define or limit the scope of the section. The laws of the state of Colorado govern these Terms without regard to conflict of law provisions. Any claim related to any dispute arising as a result of the Site or under these Terms will be made before a court of competent jurisdiction located in Colorado. If any provision of these Terms is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable. The failure of the Firm to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit the Firm’s rights with respect to such breach or any subsequent breaches.
The Firm may terminate your access to the Site for any reason, without prior notice.
No waiver by the Firm of any right or term or provision of these Terms will be deemed a waiver of any other right, term, or provision of these Terms at the time of such waiver or a waiver of that or any other right, term, or provision of these Terms at any other time.
Integration and Severability
If any provisions of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.
The preceding Terms represent the entire agreement between the Firm and the user relating to the subject matter herein.