Website Terms and Conditions

 

Please read this information carefully before using the website (“Site”) made available through St. Louis Financial Planners, Inc. (“STLFP”).  By accessing the Site, you agree to be bound by the following terms and conditions (“Terms”), as well as the specific terms, conditions, and legal disclaimers governing the use of the Site and services made available through the Site.  STLFP may change these Terms anytime and STLFP will notify you of the changes by posting the revised Terms on the Site.  By continuing to use the Site after notice of such changes, you will be deemed to have accepted the revised Terms.

 

THE FOLLOWING APPLIES TO ALL USERS OF THE SITE:

 

1. ACCESS TO THE SERVICES.

 

(a) The Site is intended for use by U.S. residents only.  The Site is not intended for distribution to, or use by, any person or entity in any jurisdiction in which such distribution or use would be contrary to law or regulation or which would subject STLFP to any registration requirement within such jurisdiction.

 

(b) The Site is restricted to certain employees and registered investment advisers, beneficial owners of STLFP accounts, and other authorized persons to whom STLFP has issued a password.  Certain products and services on the Site are available only to those users who meet certain eligibility requirements.

 

(c) STLFP hereby grants you a nonexclusive, nontransferable license to accept and use the Site.  The Site is available through the World Wide Web protocol of the Internet, and allows you to obtain information concerning your account(s) with STLFP, including quotations and other information (some of which may be provided by third parties).  You agree not to assign, sublicense, or otherwise convey or transfer your rights under these Terms to another person or entity without specific written permission from STLFP.

 

(d) The content of this Site is protected by applicable copyright laws.  You agree not to copy, distribute, modify, post or frame any text, graphics, video, audio, software code, or user interface design or logos without specific written permission from STLFP.

 

(e) Without specific written permission from STLFP otherwise, you agree that:

 

(i) You shall be the only authorized user of the Site under these Terms,

 

(ii) Data, information, and services accessible through the Site may be displayed, reformatted and printed for your personal, noncommercial use only,

 

(iii) You will keep confidential and not cause or permit such data, information or services to be published, broadcast, retransmitted, reproduced, commercially exploited or otherwise re-disseminated, and

 

(iv) You will not to create any derivative works (including databases) based on the Site or any data, information or services contained therein.

 

(f) You understand that all the terms and conditions of your Advisory Agreement with STLFP, your account agreement(s) with STLFP, and any and all applicable prospectus information control the operation of your STLFP portfolio hereunder and those terms and conditions are incorporated herein by reference.

 

(g) For your convenience, STLFP provides aggregated information about accounts held at financial institutions pursuant to arrangements with the financial institutions holding the accounts.  Information for any account is as of the most recent successfully completed refresh and may not be accurate.  STLFP has not verified and is not responsible for the accuracy of this information, including valuation information.  You should not rely on this information when making investment decisions or placing transactions. Investments held by financial institutions are not in the custody of STLFP, nor are they covered by SIPC or other insurance provided through STLFP.  STLFP may not endorse or recommend the services of any other financial institution listed and whose services may be accessed through links on this page.  These other financial institutions are solely responsible for services they provide.  STLFP is not responsible or liable for errors or delays in this information or actions you take in reliance on it, or for damages or costs arising out of or connected with your using the services of other financial institutions.

 

(h) The Site contains third party information, including financial market data and news, research reports, and securities price quotations.  STLFP provides this information solely as a convenience to you.  Although this third party information is provided by sources STLFP believes to be reliable, STLFP has not verified this information and does not represent that it is accurate, current, or complete and it should not be relied on as such.  The fact that STLFP may provide links to certain websites does not constitute an endorsement or recommendation by us of the website or its sponsors.  These sites are maintained by third parties over whom STLFP exercises no control.  Accordingly, STLFP expressly disclaims any representations with respect to the content of these sites, including any representations concerning the site sponsors and/or the suitability or appropriateness of the products and services described therein.

 

2. PASSWORDS AND SECURITY.

 

(a) Your use of the Site requires your receipt from STLFP of a unique identification number (“ID”) and associated password (“Password”) issued by STLFP.  You hereby agree to maintain your ID and Password in strict confidence.  STLFP may at all times rely upon and act in accordance with any instructions or inquiries, whether written, oral, electronic, or otherwise.  All instructions communicated to us using your ID and Password will be considered to have been sent by you.  Due to the nature of the Internet, the limited security mechanisms associated with the Site and the inherent limitations of such mechanisms, STLFP cannot ensure the privacy, security or authenticity of your communications with the Site.  Accordingly, you must assess whether the use of the Site or the Internet is adequately secure to meet your particular needs.

 

(b) The use and storage of any information, including without limitation, the ID, the Password, portfolio information, transaction activity, account balances, and any other information available on your personal computer, is at your own risk and is your sole responsibility.

 

(c) You are responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required for accessing and using the Site and for all communications service fees and charges (such as online service provider charges) incurred by you in accessing the Site.

 

(d) You acknowledge that your use of the Site may involve the transmission to you or to your authorized agent (i.e., a registered investment adviser) of information that may be considered personal financial information, including but not limited to account balances, position balances, and the identity and number of shares that have been traded.  You acknowledge that STLFP cannot assure the security of electronic transmission of such information over the Internet.  You consent to the transmission by electronic means of information relating to your account through the Site, such consent shall be effective at all times that you use the Site.

 

(e) Because of inherent limitations on Internet e-mail (such as reliability of delivery, timeliness, and security), you agree that you will not use e-mail to place any instruction or order relating to your Account.  Due to security risks, you should also not send any personal identifying information, such as account numbers, passwords, or social security numbers via Internet e-mail.

3. AS A CONDITION OF BEING APPROVED TO USE THE SITE YOU REPRESENT AND AGREE THAT THE FOLLOWING STATEMENTS ARE AND WILL CONTINUE TO BE TRUE FOR SO LONG AS YOU HAVE ACCESS TO THE SITE:

 

(a) You will not use or distribute any information or market data that you access through the Site that is provided by a national securities exchange or association in connection with any professional or commercial activities, and you agree to notify STLFP if you intend to do so, and, if such retransmission rights can be obtained, to pay any additional charges in connection therewith.

 

(b) You will use the information that you access through the Site solely in connection with your account with STLFP and not in connection with your trade or business activities.

 

(c) You understand that each participating national securities exchange or association asserts a proprietary interest in all of the market data it furnishes to the parties that disseminate the data.  You also understand that neither any participating national securities exchange or association nor any supplier of market data guarantees the timeliness, sequence, accuracy or completeness of market data or any other market information or messages disseminated by any party.  No disseminating party shall be liable in any way, and you agree to indemnify and hold harmless each such party, for (a) any inaccuracy, error or delay in, or omission of (i) any such data, information or message or (ii) the transmission or delivery of any such data, information or message, or (b) any loss or damage arising from or occasioned by (i) any such inaccuracy, error, delay or omission, (ii) nonperformance, or (iii) interruption of any such data, information or message, due either to any act or omission not constituting gross negligence or willful misconduct by any disseminating party or to any “force majeure” (i.e., flood, extraordinary weather conditions, terrorist attacks, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government telecommunications or power failure, equipment or software malfunction) or any other cause beyond the reasonable control of any disseminating party.

 

(d) The Site includes facts, analysis and recommendations of certain persons and entities.  STLFP does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse these analyses or recommendations, give investment advice, or advocate the purchase or sale of any security through this Site.

 

(e) Although STLFP makes available to you information through this Site (which may or may not assist you in your investment decisions), neither STLFP nor its agents provide tax or legal advice or advice regarding the suitability, profitability, or appropriateness for you of any specific security, investment or financial product or investment strategy you procure through the Site.  The information made available through the Site is not personalized or in any way tailored to reflect your personal financial circumstances or investment objectives, or those of the beneficial owner of the account, and the securities, investment and financial sites and investment strategies discussed may not be suitable for you or the beneficial owner of the account.

 

As provided in Sections (f) and (g) below, you understand that STLFP will not be liable for lost profits, trading losses, or other damages resulting from the delay or loss of use of the Site, defective or unavailable market data, erroneous or duplicate transactions.

 

(f) THE SITE MAY CONTAIN TECHNICAL AND OTHER ERRORS AND LIMITATIONS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, SECURITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SITE AND ALL INFORMATION MADE AVAILABLE THROUGH THE SITE.  THE ENTIRE RISK, AS TO RESULTS AND PERFORMANCE OF THE SITE, IS ASSUMED BY YOU.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  YOU MAY HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.

 

(g) UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL STLFP, ITS LICENSORS OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS OR BENEFITS ARISING OUT OF THE USE, RESULTS OF USE, OR INABILITY TO USE THE SITE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMIT MAY NOT APPLY TO YOU.

 

(h) You acknowledge that the STLFP and its Licensors and others are relying on your acceptance of these Terms and their receiving the benefit of the provisions set forth in these Terms.   Accordingly, you will indemnify STLFP, its affiliates and their respective directors, officers, employees and agents, from an against any an all claims, losses, liabilities, damages, costs and expenses arising out of or relating to: (1) your breach of these Terms; (2) your violation of any applicable law, rule, or regulation in connection with its use of the Site; and (3) any third party claims arising out of or in connection with your use of or inability to use the Site.

 

(i) You agree that the Site may be discontinued in whole or in part, at any time, and may be modified, changed or limited, in whole or in part, at any time and from time to time.  Also, you agree that STLFP may immediately terminate its services to you if you breach these Terms or if you jeopardized the proper and efficient operation of its services.  Any unauthorized use of the Site, whatsoever, shall result in termination of access to the Site.  In the event of termination, STLFP will immediately notify you in writing.  Your access to the Site will cease as of the effective date of termination.  Termination of your account with STLFP shall be deemed a cancellation of site access.

 

(j) You agree that these Terms shall be governed by the laws of Missouri excluding its conflicts of law provisions.

 

(k) These Terms are the complete and exclusive statement of obligations and responsibilities of  STLFP and the Licensors to you and supersedes any other agreement or understanding, whether written or oral, by or on behalf of relating to the provision and use of the Site.

 

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