This Terms of Use Agreement (“Terms”) states the terms and conditions under which you may use this website and all products, services, content, tools and information available through the website. Please read the Terms carefully. By accessing, browsing and/or using this website, you acknowledge that you have read, understood and agree to be legally bound by the Terms.
These Terms are in addition to any other agreements between you and us, including any customer or account agreements and any other agreements that govern your use of our or any third party’s products, services, content, tools and information available on this website.
Your use of this website is governed by the version of the Terms in effect on the date this website is accessed by you. We reserve the right to modify, add or remove any portion of the website or these Terms at any time, without notice. If you access or use the website after any modification to the Terms has been posted, you will be deemed to have agreed to the modified Terms. We reserve the right to monitor the use of the website.
Disclaimer
Nothing contained on this website constitutes tax, legal, insurance or investment advice. Neither the information, nor any opinion, contained on this website constitutes a solicitation or offer by us or our affiliates to buy or sell any securities, futures, options or other financial instruments, nor shall any such security be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. Decisions based on information contained on this website are your sole responsibility. In exchange for using this website, you agree to defend, indemnify and hold Altrius Capital Management, Inc. (hereinafter “Altrius”) and their respective officers, directors, trustees, employees, affiliates, agents, licensors and suppliers harmless against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) resulting from or arising out of your use of this website or its contents, any use of this website or its contents through the use of your USERNAME and PASSWORD and/or PIN (as such terms are defined below), from your violation of these Terms or from any decisions that you make based on information contained in this website.
The information and services provided on this website are provided “AS IS” and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, including, but not limited to, any warranty of non-infringement of third-party rights and any implied warranties of merchantability and fitness for a particular purpose. We do not warrant, either expressly or impliedly, the accuracy or completeness of the information, text, graphics, links or other items contained on this website and do not warrant that the functions contained in this website will be uninterrupted or error-free, that defects will be corrected, or that the website will be free of viruses or other harmful components. We expressly disclaim all liability for errors and omissions in the materials on this website and for the use or interpretation by others of information contained on the website.
Reasonable precautions have been taken to ensure that the website content, including account information and pricing data, are complete and accurate. However, due to the nature of information delivery technology and the necessity of using multiple data sources, including third party content, we are unable to assure the accuracy of the data you access through this website. Website content is presented only as of the date published or indicated and may be superseded by subsequent market events or other reasons. We have no duty to update this website or any website content. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM ANY ACTIONS OR INVESTMENT DECISIONS TAKEN BY YOU BASED ON THE ACCURACY OF THE DATA PRESENTED THROUGH THIS SITE.
You agree that you are responsible for the means you use to access the website and understand that your hardware, software, the Internet, your Internet Service Provider, and other third parties involved in connecting you to our website may not perform as intended or desired. We also disclaim responsibility for damages third parties may cause to you through the use of this website, whether intentional or unintentional. For example, you understand that hackers could breach our security procedures, and that we will not be responsible for any related damages.
Trademarks, Copyrights and other Intellectual Property
The content contained on this website is owned or licensed by Altrius and its third-party information providers and is protected by applicable copyrights, trademarks, service marks, and/or other intellectual property rights. Such content is solely for your personal, non-commercial use. Accordingly, you may not copy, distribute, modify, post, frame or deep link this website, including any text, graphics, video, audio, software code, user interface design or logos. You may download material displayed on this website for your personal use provided you also retain all copyright and other proprietary notices contained in the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this website for public or commercial purposes, including all text, images, audio, and video, without our written permission. Contact us for additional information. Modification or use of the materials for any other purpose violates our intellectual property rights.
All trademarks, service marks, trade names, and logos displayed on this website are proprietary to Altrius and/or their respective owners. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the written permission of Altrius or such other third party that may own the trademark displayed on this website. Your use of the trademarks displayed on this website, except as provided herein, is strictly prohibited.
The use of the images displayed on this website by you, or anyone else authorized by you, is prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, and the laws of privacy and publicity, and communications, as well as other regulations and statutes. If you download any information from this website, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information.
Links to Other Websites
We may establish links between this website and one or more websites operated by third parties. We have no control over any such other websites, the contents therein or the products/services offered. The existence of any such links shall not constitute an endorsement of, or representation or warranty by us regarding such websites, the contents of the websites, the products or services of the websites or the operators of the websites. Your access to and use of such linked websites is governed by the terms of use and privacy policies of those sites, and shall be at your own risk. We disclaim responsibility for the privacy policies and customer information practices of third-party internet websites hyperlinked from our website.
Links to Altrius from Other Websites
You shall not display hyperlinks on your websites to any website owned or operated by Altrius or any of its affiliates. If you desire to display on your website a hyperlink to our website, you must enter into a written agreement with us governing such display. Access to any Altrius website does not authorize you to use any of our names, logos, trademarks or copyrighted material, and you agree not to do so without our express written consent. Requests to display hyperlinks on your websites to Altrius’ websites should be submitted here.
Transmissions to and From this Website
Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from this website may not be secure. Communications to Altrius, particularly those containing confidential information, may be sent by mail to: Altrius, P.O. Box 12687, New Bern, NC 28561 Attn: Chief Operating Officer. Should you provide unsolicited ideas, or material of any kind (“Communications”) and we use it to develop or market products, services, content, tools or information, you agree that we can do so without compensating you. By providing us with such Communications, you represent to us that you own all rights to it.
You, thus, hereby grant Altrius a perpetual, worldwide, royalty-free, irrevocable license to edit, reproduce, disclose, transmit, publish, broadcast, or post your Communications either on the Site or elsewhere with no liability or obligation to you. Altrius is free to use any ideas, concepts, know-how, or techniques obtained in your unsolicited Communications for any purpose including, but not limited to, developing and marketing products. Unless we state otherwise on the website or in our Privacy Policy, any Communications that you email or otherwise transmit through the Site can be treated by us as non-confidential and nonproprietary.
Privacy Policy
Please review our Privacy Policy, which is a part of this Agreement and hereby incorporated by reference, to learn about our information collection practices and the measures we take to preserve the privacy and security of your information.
Jurisdiction and Governing Law
The information provided on this website is not intended for distribution to, or use 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 Altrius or its affiliates to any registration requirement within such jurisdiction or country. This website and each investment product and service referred to on this website is intended for U.S. residents only. This website will not be considered a solicitation for or offering of any investment product or service to any person in any jurisdiction where such solicitation or offering would be illegal. If you choose to access this website from any location outside the State of North Carolina, you do so on your own initiative and risk, and are responsible for compliance with all applicable law.
The laws of the State of North Carolina govern these Terms without regard to conflict of law provisions. If you take legal action relating to these Terms, you agree to file such action only in the Court of Craven County, North Carolina or the United States District Court for the Eastern District of North Carolina, and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any action with Altrius or with any of its affiliates referenced in this website.
Limitation of Liability
ALTRIUS AND ITS RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, TRUSTEES, EMPLOYEES AND AGENTS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THIS WEBSITE), EVEN IF ALTRIUS CAPITAL MANAGEMENT, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE OR ANOTHER LINKED WEBSITE.
IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR IF YOU ACCESS THE WEBSITE SOLELY THROUGH AN ARRANGEMENT WITH YOUR EMPLOYER OR PLAN SPONSOR, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL ALTRIUS’ TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO ALTRIUS, IF ANY, FOR ACCESSING THIS WEBSITE.
Prohibited Uses
Except as otherwise stated in these Terms or as expressly authorized by Altrius in writing, you may not: (1) use this website in any manner that could damage or overburden any Altrius server, or any network connected to any Altrius server, as all servers have limited capacity and are used by many people; (2) use this website in any manner that would interfere with another partys use of the website; (3) include the term “Altrius Capital Management, Inc.”, “Altrius” or any Altrius trademark or executive’s name, or any variation of the foregoing, as a meta-tag, hidden textual element;(4) use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy this website or the reports, data, information, content, software, products services, or other materials on, generated by or obtained from this website, whether through links or otherwise (collectively, “Materials”), without Altrius’ permission, provided that generally available third-party web browsers may be used without such permission; or (5) use this website or the Materials in any manner that could create an impression of affiliation, sponsorship or endorsement by Altrius.
Password Security and Notification
Certain parts of the website 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 website, or to any other protected materials or information, through any means not intentionally made available by Altrius for your specific use. If you have a USERNAME and PASSWORD and/or Personal Identification Number (“PIN”) for access to non-public areas of the website, you are solely responsible for all activities that occur in connection with your USERNAME and PASSWORD and/or PIN. Accordingly, you should take all reasonable steps to protect the confidentiality of your USERNAME and PASSWORD and/or PIN. Notify Altrius Capital Management, Inc. immediately if you become aware of any disclosure, loss, theft or unauthorized use of your USERNAME and PASSWORD and/or PIN.
Termination
Altrius may terminate your access to the website for any reason, without prior notice.
Waiver
No waiver by Altrius of any right under 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 provision 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.
Headings
Headings are inserted for convenience of reference only and do not constitute a part of the terms and conditions of use.