The following terms and conditions (the “Terms and Conditions”) govern your use of electronic communications with Advus Financial Partners, LLC and the use of Advus Partners’ website and any other sites (individually, a “Website” and collectively, “Websites”) maintained by Advus Partners, its service providers, or its affiliates (“Advus”). Use of these Websites constitutes your continued acceptance of these Terms and Conditions. If you do not agree to these terms, please immediately discontinue use of the Website and contact us so that we may terminate your access to the Website. The Terms and Conditions of this Electronic Use Consent may be reasonably updated from time to time without requiring a separate amendment of this agreement. The most current version of the Electronic Use Consent can be located at our Website or provided to you upon request.
WEBSITES The Websites and Content (as defined below) are the property of Advus. When used in these Terms and Conditions, “we” and “our” mean Advus Financial Partners, LLC. When used in these Terms and Conditions, “this site” and “the site” are intended to mean the Websites provided to you in conjunction with your relationship with Advus.
USE OF WIRELESS SERVICES AND MOBILE DEVICES A Website may be accessible by computers linked directly to the internet, as well as through a variety of mobile devices (smartphones, personal digital assistants, tablet computers, etc.) that are connected through wireless internet service. A more limited version of the site has been developed to enable mobile device users to navigate the site and view account and other information more easily. Financial and other transactions may not be supported in the mobile version of the site at this time. Because the mobile site supports only encrypted wireless transmissions not all mobile devices may be compatible or capable of using the mobile version of this site.
If you choose to access a Website using wireless internet service, site access as well as speed of data transmission will be subject to the strength of your wireless service and the geographical coverage of your wireless service provider, factors over which Advus has no control. Wireless transmissions are likely to be slower than service through the Internet, and account transactions may not be received as quickly as they would if placed through your computer or other access channels. It is also possible that a wireless connection can be interrupted when attempting to process a transaction. For these reasons, consider using alternative means to initiate transactions that are time sensitive.
Using wireless service to access a Website may involve the electronic transmission of personal financial information across the networks of your wireless service provider. Your wireless service provider may need to de-encrypt and then re-encrypt your wireless transmission so that it is suitable to be delivered across the Internet. Because there may be a brief moment during which your personal information may not be encrypted, you should only use wireless networks operated by wireless service providers that you trust and such use shall be at your sole risk. For questions regarding how your specific data is protected, you should review the privacy and security practices of your wireless service provider. In addition, your wireless service provider or other third parties may be able to identify your geographical location when you send electronic transmissions. You should check with your wireless service provider regarding its tracking practices. Because wireless devices may be lost or stolen, using such devices carries risks that your personal information may be compromised.
There are steps that you may take to reduce these risks. For example, you should avoid storing passwords or other personal information on your mobile devices to prevent unauthorized use. You should use the security features that come with your device. You should change your passwords on a periodic basis and refuse to share security information or passwords with others. You should avoid “bookmarking” pages that contain personal information and decline requests from sites to store your usernames and passwords. You should log off of the Website when you are finished using it so someone else cannot access your account if the device is lost or left unattended. By accessing a Website, you agree you are solely responsible for taking all necessary precautions to secure the device and any personal information stored on or accessible by that device.
Advus does not operate any wireless network and has no control over the operation of any wireless service provider. We cannot guarantee the privacy or security of wireless data transmissions. You assume all risk when accessing and using any Website and are responsible for safeguarding your personal User Codes and wireless devices. Please refer to our Privacy Policy, the terms of which are incorporated into and made a part of this Electronic Use Consent, for additional information. A link to our Privacy Policy may be found at advuspartners.com.
PROVIDED INFORMATION The information provided on this site is provided to you for informational purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any product that may be referenced on the site. The information about your account available through this website is not the official record of your account. Nothing on this Website should be construed as rendering tax, legal, investment, or accounting advice. For the official record of any account including, but not limited to, realized gains, losses, and portfolio income, please refer to the official custodial statement. The posting of any prospectus or any other information on this Website should not be interpreted as a recommendation or opinion that you should make any purchase or sale or participate in any transaction.
OWNERSHIP AND USE OF CONTENT All of the information and content on this Website, including but not limited to all text, graphics, software applications, video and audio files and photos (“Content”) is the property of Advus, or the property of our suppliers, and may be protected by copyright under both United States and foreign laws, unless otherwise indicated. You acknowledge that some of the Content that may be presented constitutes highly confidential trade secrets protected under applicable law, including without limitation, Florida’s Uniform Trade Secrets Act, Florida Statutes § 688.001 et seq (as may be amended from time to time), and therefore, you agree to maintain the Content in strict confidence and refrain from disclosing any of the Content to any third parties; notwithstanding this restriction, you may share the Content with your outside tax or legal advisor (not employed by Advus) provided: (1) that the information is used solely for your benefit, and not the benefit of any third-party; and (2) your outside personal tax or legal advisor is shown a copy of these Terms and Conditions and he or she agrees to be bound by them.
The Content is intended only for your own personal use and may not be used in connection with professional or business activities. Under no circumstances may the Content, or access to the Content, be sold, bartered, or otherwise given to any third-party without our prior express written permission.
You may make printouts of the Content solely for your own personal records, provided that the printouts retain all copyright, trademark and other proprietary notices. The use of the Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another website, is expressly prohibited without our prior express written permission.
E-MAIL Certain portions of this Website may offer you the ability
to e-mail a message to Advus. In addition, in the normal course
of business, it is anticipated that you and Advus will interact
through e-mail and other forms of electronic communications,
E-mail functionality, if any, is provided to you to facilitate certain communications between you and Advus. However, because these communications are not generally encrypted or secured, Advus will not accept transactional instructions via e-mail. Accordingly, you agree that you will not use e-mail to request, authorize or effect the purchase or sale of any securities or other product or service, to change your address or other account information, to change your User Codes, to transmit personal credit information (including credit card numbers), to send fund transfer instructions, or for any other financial transactions that require formal authorization in accordance with applicable law or policies and procedures of Advus. Any such requests, orders, or instructions that you send to Advus by e-mail will not be accepted or processed. Advus shall have no liability for any loss or damage that arises from e-mail requests, orders or instructions sent in violation of this provision. Moreover, Advus shall have no liability for any loss or damage that results from interception and/or unauthorized use by third parties of any information you send by e-mail, Advus shall have no liability for any loss or damage that results from your email being compromised. In addition, you agree that under no circumstances will you e-mail non-public personal information to us.
HYPERLINKS From time to time, as a convenience for you, we may provide links to third party websites, or permit third parties to link to this Website. Links to or from a third-party site, whether or not provided by Advus, do not imply any affiliation between Advus and the site owner, or an endorsement, approval, or verification by Advus of any content available on such third-party sites. We do not review any of these third-party sites and we are not responsible or liable for the accuracy or completeness of the content on any such third-party sites. By providing access to other websites, Advus is not recommending the purchase or sale of products or services provided by the sponsoring organization of any linked site. Subject to the terms of applicable service or other agreements, we will remove any link from this website upon request from the owner of the linked site.
AVAILABILITY Not all the products or services described on this website are available in all geographic areas of the United States. You may not be eligible for all the described products or services and we reserve the right to determine the eligibility of any user for any product or service. The pages relating to each product or service may provide additional information on the availability of each product or service and may contain terms governing eligibility. Advus reserves the right to limit your access to this site if you breach these Terms and Conditions; you cease to be eligible for products or services described, or for any other reason.
NO WARRANTY The content on this Website (including any graphics) and any materials made available through this Website are subject to applicable statutes and regulations and are provided “as is” and “as available” and without warranties of any kind, either express or implied.
To the fullest extent permissible pursuant to applicable law, Advus disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Advus does not warrant or make any representations regarding the use or the results of the use of the content on this Website in terms of its correctness, accuracy, reliability, or otherwise.
The content on this Website could include technical inaccuracies or typographical errors. This content could become inaccurate as a result of developments occurring after their respective dates. Advus undertakes no obligation to maintain the currency of such information.
Advus endeavors to maintain this Website and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in this Website or its operation. As to the operation of this Website, Advus 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. We make no warranty that (i) the operation of this Website will meet the user’s requirements; (ii) access to this website 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 this Website will be accurate or reliable; (iv) the Website will be compatible with all software and/or hardware; or (v) defects will be corrected. You (and not Advus) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment, software and/or mobile devices as a result of any viruses, loss of data, errors or other problems you may have as a result of visiting this Website.
To the extent that applicable law does not permit the disclaimer of warranties, all content accessible on this Website, or any other website to which we link, and all operations on this Website are warranted only to the minimum amount legally required.
NO LIABILITY by using the Website, you specifically agree that Advus is not and shall not be liable to you or any party for any delay or failure of performance, including technical, hardware or software failures of any kind, and will not be liable to you or any party for any damages or injury or loss, including any direct, special, incidental, consequential or punitive damages, that may result from the use of, or the inability to use, the materials on a website (or any other linked website), whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available on this website (or any other linked website). Advus shall not be liable even if Advus or an Advus authorized representative has been advised of the possibility of such damages or has been negligent. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus or other harmful component.
You agree to indemnify and hold Advus, and its affiliates, employees, officers, directors, agents and representatives, harmless from and against any and all damages, losses, claims or actions of any kind arising out of or in connection with your use of this Website.
CHANGES The Website, Content, and these Terms and Conditions, are subject to change or updating by us at any time without prior notice to you, except as may be required by applicable law.
The changes may include superseding terms and conditions or specific notices. Your continuing use of this Website following any changes about which you are notified constitutes your continued acceptance of the Terms and Conditions, as modified.
GOVERNING LAW AND VENUE The services and products described, and information provided through this Website 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 in any other country or any jurisdiction where such distribution or use would be contrary to law or regulation or that would subject Advus to any registration requirement within such jurisdiction or country. Persons who access this Website do so on their own initiative and are responsible for compliance with applicable laws and regulations. If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The Terms and Conditions may be reformed by a court of law as necessary to give them full effect without violating any applicable public policy.
MISCELLANEOUS PROVISIONS You agree that the provisions contained in these Terms and Conditions are reasonable and supported by adequate consideration, the receipt of which is acknowledged by you. No delay or failure by Advus to exercise any right we have under this agreement shall be treated as a waiver of any other rights we may have under the agreement or law.
COOKIES Your Web browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not. By not accepting cookies, some pages may not fully function, and you may not be able to access certain information on this site.
COPYRIGHT NOTICE This website and the information contained within it is protected by copyright. Reproduction of part or all the website contents in any form is prohibited unless for personal use. Content of this website may not be copied to any other publication (including electronic, hard copy or others). Interior deep linking or framing of this website is prohibited without permission of Advus Financial Partners, LLC.
BY ALL ACCOUNTS
This section applies to those that have “By All Accounts” integration provided through By All Accounts, Inc. and its legal affiliates (“By All Accounts”)
PROVIDE ACCURATE INFORMATION You, the end user, agree to provide true, accurate, current, and complete information about yourself and your accounts maintained at other websites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
PROPRIETARY RIGHTS You are permitted to use content delivered to you through the service, only on the service. You may not copy, reproduce, distribute, or create derivative works from this content.
Further, you agree not to reverse engineer or reverse compile any of the service technology, including but not limited to, any Java applets associated with the service.
CONTENT YOU PROVIDE You are licensing to Advus and its service providers, including By All Accounts, any information, data, passwords, materials and other content (collectively, “Content”) you provide through or to the service.
Advus and By All Accounts may use, modify, display, distribute and create new material using such Content to provide the service to you.
By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any time limit, and without the payment of any fees, Advus and By All Accounts may use the Content for the purposes set out above.
THIRD PARTY ACCOUNTS By using the service, you authorize By All Accounts to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant By All Accounts a limited power of attorney, and you hereby appoint By All Accounts as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capabilities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as full to all intents and purposes as you might or could do in person.
You acknowledge and agree that when By All Accounts accesses and retrieves information from third party sites, By All Accounts is acting as your agent, and not the agent or on behalf of the third party.
You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the service is not endorsed or sponsored by any third-party account providers accessible through the service.
You acknowledge that by using this service, By All Accounts shall have access to your account credentials, including, but not limited to login username and passwords.
You agree that By All Accounts shall always have the right during and after your use of the services to use, sell, license, reproduce, distribute and disclose aggregate, non-personally identifiable data compiled through use of the services and website.
DISCLAIMER OF WARRANTIES You expressly understand and agree that: your use of the service and all information, products, and other content (including that of third parties) included in or accessible from the service is at your sole risk. The service is provided on an “as is” and “as available” basis. By All Accounts and Advus expressly disclaim all warranties of any kind as to the service and all information, products, and other content (including that of third parties) included in or accessible from the service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and noninfringement. By All Accounts and Advus make no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or (v) any errors in the technology will be corrected.
Any material downloaded or otherwise obtained is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from By All Accounts or Advus through of from the service will create any warranty not expressly stated in these terms.
LIMITATION OF LIABILITY You agree that neither Advus, By All Accounts nor any of their respective affiliates, account providers or any of their affiliates will be liable for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if By All Accounts or Advus has been advised of the possibility of such damages, resulting from: (i) the use or the inability to use the Website: (ii) the cost of getting substitute goods and services, (iii) any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the Website: (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of anyone on the service; (vi) the use, inability to use, unauthorized use, performance or non-performance of any third party account provider site, even if the provider has been advised previously of the possibility of such damages; or (vii) any other matter relating to the Service.
The maximum aggregate liability of By All Accounts and Advus to you, or any third party for all claims arising out of or relating to the services, regardless of the form of such claim, shall be the lesser of (i) the actual damages sustained by a party with respect to such claim, or (ii) the amount paid to By All Accounts and Advus for your use of the services during the three (3) month period immediately preceding such claim.
INDEMNIFICATION You agree to protect and fully compensate By All Accounts, Advus and their respective affiliates from any and all third-party claims, liabilities, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from your use of the Website, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
THIRD PARTY BENEFICIARIES You agree that By All Accounts is a third-party beneficiary of the above provisions, with all rights to enforce such provisions as if By All Accounts were a party to this Agreement.