Terms and Conditions

Terms of Use

 

Last updated: April 1, 2020

 

Welcome!  This website is operated by Ascensus Group, LLC and/or its affiliated companies (collectively “Ascensus”, “us”, “we”, or “our”).  Your use of this website (the “Service”) is subject to these Terms of Use (the “Terms”). 

 

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms.  By accessing or using the Service you agree to be bound by these Terms.  These Terms apply to all visitors, customers, users and others who wish to access or use the Service. 

Relation to other Agreements

If you have an account with Ascensus, your customer relationship with Ascensus is also governed by your account agreements.  If there is any conflict between these Terms and your account agreement(s), then your account agreement(s) will govern. 

Service Rights and Restrictions on Use

Ascensus grants you a limited, revocable, nonexclusive, nontransferable license to view, store, bookmark, download, and print the pages within the Service solely for your personal, informational, and noncommercial use. You are responsible for obtaining and maintaining all equipment, services, and other materials that you need to access the Service. Ascensus reserves all rights not expressly granted in these Terms.  Except as otherwise stated in these Terms, or as expressly authorized by Ascensus in writing, you may not (nor enable others to):

  • Modify, copy, screen capture, distribute, forward, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any reports, data, information, content, software, RSS (Really Simple Syndication) podcast feeds, products, services, or other materials on, generated by or obtained from the Service, whether through links or otherwise (collectively, the “Materials”);

 

  • Redeliver any page, text, image, or Materials on this Service using “framing” or other technology;

 

  • Engage in any conduct that could damage, disable, or overburden (i) this Service; (ii) any Materials or services provided through this Service; or (iii) any systems, networks, servers, or accounts related to this Service, including without limitation, using devices or software that provide repeated automated access to this Service, other than those made generally available by Ascensus;

 

  • Prove, scan, or test the vulnerability of any Materials, services, systems, networks, servers, or accounts related to this Service or attempt to gain unauthorized access to Materials, services, systems, networks, servers, or accounts circumventing any access-limiting, user authentication or security device of any Materials, services, systems, networks, servers, or accounts related to the Services;

 

  • Modify, copy, obscure, remove, or display Ascensus’ name, logo, trademarks, text, notices, or images without Ascensus’ express written permission.  To obtain such permission, you may email us at trademarks@ascensus.com; or

 

  • Include the terms “Ascensus,” or any Ascensus trademark or executive’s name, or any variation of the foregoing, as a meta-tag, hidden textual element, or any other indicator that creates an impression of affiliation, sponsorship, or endorsement by Ascensus.

User Content and License Grant

You agree that you are solely responsible for all information, data, content, text, photographs, graphics, images, videos, messages, comments, quotations, files, documents, and any other materials that you submit, upload, post, email, transmit, or otherwise, make available via the Service (“User Content”). By submitting, uploading, posting, emailing, or transmitting User Content to the Service, you represent and warrant that either you own all right, title, and interest in and to the User Content or have express permission from the owner to copy and use such User Content for all purposes related to the Service.  Ascensus does not control and is not responsible for the User Content uploaded via the Service, and Ascensus neither guarantees the accuracy, quality, or appropriateness of nor endorses any User Content submitted to the Service.

 

You agree not to use the Service to:

  • Submit, upload, post, email, transmit, or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, menacing, harassing, tortious, defamatory, vulgar, pornographic, obscene, offensive, blasphemous, libelous, unlawful, invasive of another’s privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable;

 

  • Submit, upload, post, email, transmit, or otherwise make available any User Content that personally attacks or is derogatory toward Ascensus as an entity, Ascensus employees, or any Ascensus products or services;

 

  • Harm minors in any way, including, but not limited to, submitting, uploading, posting, emailing, transmitting, or otherwise making available content that violates child pornography laws, child sexual exploitation laws, or laws prohibiting the depiction of minors engaged in sexual conduct;

 

  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

 

  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service;

 

  • Submit, upload, post, email, transmit, or otherwise make available any User Content that infringes, violates, or misappropriates any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right or any moral right of any party;

 

  • Submit, upload, post, email, transmit, or otherwise make available any personal information or specific account details about yourself or any person or entity;

 

  • Submit, upload, post, email, transmit, or otherwise make available any advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;

 

  • Submit, upload, post, email, transmit, or otherwise make available any materials that contain viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or

 

  • Intentionally or unintentionally violate any applicable local, state, national, or international laws, rules, regulations, decrees, acts, orders, directives, legislation, bills, or statutes.

You grant Ascensus and its directors, officers, employees, agents, licensors, and vendors a perpetual, worldwide, irrevocable, nonexclusive, fully-paid up, royalty-free, sublicensable and transferable right and license to use, store, modify, adapt, translate, publish, display, broadcast, perform, disclose, distribute, sell, reproduce, and create derivative works from any User Content, in whole or in part, in any medium or technology throughout the world, including any inventions, concepts, techniques, know-how, ideas, or expressions of ideas arising out of or based on the User Content, for any purpose in Ascensus’ sole discretion, without the requirements of any permission from or compensation or notice, and without liability, to you or any third party.  Ascensus shall exclusively own all right, title, and interest in and to any derivative works or inventions created by or on behalf of Ascensus that incorporate or otherwise make use of any User Content, without the requirement of any permission from or compensation or notice, and without liability, to you or any third party.

 

Except to the extent set forth in our Privacy Policy, none of the User Content that you submit, upload, post, email, or transmit or otherwise make available via the Service shall be subject to any confidentiality obligations by Ascensus and its directors, officers, employees, agents, licensors, and vendors.  Except as required by law, Ascensus shall not be liable in any way for any User Content or for the use or disclosure of any User Content.

 

You acknowledge that Ascensus and/or its vendors may or may not (but are not obligated to) monitor User Content, but that Ascensus shall have the right in its sole discretion to monitor, post, move, refuse, or remove any User Content, in whole or in part, for any reason whatsoever, without notice and without liability.

 

Accounts

When you create an account with us, you guarantee that the information you provide is accurate, complete, and current at all times.  Please be aware, inaccurate, incomplete, or obsolete information may result in a degradation of the Service or, in Ascensus’ reasonable discretion, a suspension of your account on the Service.

 

Certain parts of the Service may be protected by passwords or require a login.   Further, for authentication purposes, Ascensus may provide you with security codes to enable you to access the Service, and certain features on the Service may require you to answer a designated security question.  You agree to provide Ascensus with current, complete, and accurate information about you as prompted by the applicable registration process and agree to regularly update this information to maintain its completeness and accuracy.  You agree to use the Service to access only those accounts on which you are authorized to act, and you agree to use your own user names, logins, passwords, and security questions and answers when accessing accounts on which you are authorized to act.  You agree that the phone number you provide to receive security codes is registered in your name.  You further agree not to obtain or attempt to obtain unauthorized access to such parts of or features on the Service, or to any other protected materials or information, through any means not intentionally made available to you by Ascensus.

 

You are responsible for maintaining the confidentiality of your account information, user names, logins, passwords, and security questions, including but not limited to the restriction of access to your computer and/or account.  You agree to accept responsibility for any and all your, or your agents’, activities, actions or inactions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.  Ascensus will not be liable for any loss or damage arising from your failure to comply with this paragraph. 

 

You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization.  You may not use as a username any name that is offensive, vulgar or obscene.

Data, Information, and Content

The materials on this Service are for information, education, and noncommercial purposes only.  Although Ascensus may provide data, information, and content relating to investment approaches and opportunities to buy or sell securities or funds, you should not construe any such information or other content available through this Service as regulatory, legal or tax advice. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any materials on the Service before making any decisions based on such materials.  In exchange for using such materials, you agree not to hold Ascensus or its third-party information providers liable for any possible claim for damages arising from any decision you make based on the materials made available to you through this Service.  By providing access to other websites, neither Ascensus nor any of its affiliates is recommending the purchase or sale of the stock issued by any company, nor are they endorsing services provided by any website’s sponsoring organization.

 

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Ascensus its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Ascensus.

Copyright Policy

We respect the intellectual property rights of others. It is therefore our policy to respond to any claim alleging that content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to trademarks@ascensus.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "Notice and Procedure for Copyright Infringement Claims". 

 

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith Infringement claims.

Notice and Procedure If You Suspect a Copyright Infringement Claim

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our designated agent (via the email above) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;

 

  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

 

  • identification of the URL or other specific location on the Service where the material that you claim is infringing is located;

 

  • your address, telephone number, and email address;

 

  • statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

 

  • statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Trademarks and Patents

All trademarks, service marks, and logos appearing on this Service are the exclusive property of their respective owners including, but not limited to:

  • Financial Finesse is a trademark of Financial Finesse, Inc.

 

  • Google Chrome is a trademark of Google, Inc.

 

  • Safari is a trademark of Apple, Inc.

 

  • Morningstar is a trademark of Morningstar, Inc.

 

  • Firefox is a trademark of Mozilla Foundation

 

  • Microsoft Edge and Microsoft Internet Explorer are trademarks of Microsoft Corporation.

Links to Other Web Services

Our Service may contain links to third-party websites or services that are not owned or controlled by Ascensus.  Ascensus has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

 

You acknowledge and agree that Ascensus shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

 

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including, but not limited to a breach of these Terms.

 

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Ascensus and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (i) your use and/or access of the Service; (ii) use and/or access by any person using your account and/or login credentials; or (iii) a breach of these Terms.

Limitation of Liability

In no event shall Ascensus nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third-party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

 

Ascensus does not warrant that (i) the Service will function uninterrupted, secure or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Domestic Use

The Service is controlled and operated within the United States.  The Service is intended solely for U.S. residents within states that have Ascensus products or services.  The Service shall not be considered a solicitation for or offering of any product or service to any person in any jurisdiction where such product or service is not available, or would be illegal. 

Governing Law

These Terms shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States, without regard to its conflict of law provisions.

Integration and Severability

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.  These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will notify you through a notice on our website(s) prior to implementation. What constitutes a material change will be determined at our sole discretion.

 

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at privacy@ascensus.com.

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