Centric Advisors, LLC, its subsidiaries and affiliates (collectively, “Centric”), requires all visitors to this website and the sites owned and operated by Centric on the World Wide Web (the “Website”) to adhere to the following terms and conditions.
As used herein, the terms “You” and “Your” shall mean You, individually, and each other party on whose behalf You may use the Website at any time. All references to “We”, “Us” or “Our” shall refer to Centric. The Website is operated by Centric.
Usage and Proprietary Rights
All right, title and interest in this Website and the Content is the exclusive property of Centric except as otherwise expressly stated. We grant You, for the term of this TOU, a personal, limited, non-exclusive, revocable (at any time), non-transferable and non-sublicensable license to access the Website and the Content subject to the TOU. You have no ownership rights in the Content, which is owned by Us or Our licensors, and are protected under copyright, trademark and other intellectual property laws, and other applicable laws. You receive no copyright or any other intellectual property right in or to the Content, except as provided above. You may use the Content only for Your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any Content, including, but not limited to, any information, software, products or services obtained from the Website, except for the purposes expressly provided herein, without Our prior written approval. You acknowledge that We may provide certain portions of the Content under license from Third Party Providers, and You agree to comply with any additional restrictions on Your usage that We may communicate to You from time-to-time, or that are otherwise the subject of an agreement between You and such licensors. We retain exclusive control over the Content, and reserve the right, at any time and in Our sole discretion, without prior notice to You, to (a) change, suspend or discontinue all or a portion of the Content; (b) impose limits on, restrict or terminate Your access to all or a portion of the Content; or (c) terminate Your license at any time and for any reason. You further agree that We may monitor Your use of the Content.
Unauthorized use of the Website, Content, or Our systems, including, but not limited to, unauthorized entry into Our systems, misuse of passwords, or misuse of any other information, is strictly prohibited. Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized persons attempting to access these areas of the Website may be subject to prosecution. You may not use the Website or the Content in any manner that could damage, disable, overburden, or impair any CENTRIC website or service or interfere with any other party’s use and enjoyment of the Website or the content. You shall not take any action, nor permit any person to take any action to harm or disrupt the operations of this Website or to intercept any system, data or personal information from Our Website, or to circumvent the security systems of this Website. Centric prohibits caching, unauthorized hypertext links to the Website, and the framing of any Content available on the Website. We reserve the right to disable any unauthorized links or frames and specifically disclaim any responsibility for the Content available on any other websites linked to Our Website.
Restrictions On Use
All trademarks, service marks, slogans, logos, trade dress and other identifiers (“Marks”) displayed on the Website are the property of Centric, or of other parties. Unless otherwise specified, Website Content cannot be copied, modified, reproduced, broadcasted, paraphrased, or distributed in any way. All such content and information is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights and licenses held by Centric. All Website Content is to be used by you for private, noncommercial use only. You may not remove the name or logo of Centric from any of the materials, unless written permission is granted by Centric.
Certain sections of our Website may contain separate terms and conditions, which are in addition to these TOU. You should read those additional terms and conditions carefully. By accessing such sections or pages, you agree to be bound by those terms and conditions. In the event of a conflict, those additional terms and conditions will govern your Use of those sections or pages. You may be asked to execute supplemental agreements, in paper or electronic form, before You are permitted to access or use certain features or functionality within the Website (each, a “Supplemental Agreement”). In the case of Supplemental Agreements presented to You online, You authorize Us to rely upon “checks” or “click” in designated locations that are attributable to Your Password as Your consent to the terms of such Supplemental Agreements. This TOU is in addition to any Supplemental Agreement and is not intended to supersede or modify any such Supplemental Agreement.
Dated and Forward-Looking Information
Our Website or any downloadable materials may contain some forward-looking statements. Certain words, including, without limitation, the words “believe,” “anticipate,” “expect,” “will,” or similar words can be used to identify these statements. Any dated information is published as of its date only. Dated and forward-looking statements speak only as of the date on which they are made. Users of Our Website should beware that Centric is not obliged to update or revise these dated forward-looking statements and, thus, should not rely on the accuracy or validity of these statements. Such information should not be relied upon for the purpose of making any investment decision without the direct guidance of a properly credentialed investment advisor.
No Investement Advice
Centric does not provide any investment advice on our Website. Materials and information published or available via our Website are for noncommercial, general informational purposes only. Seek and receive investment advice only as provided in a direct manner from a properly credentialed investment advisor.
We may make available to You through the Website a broad range of financial information that we obtain from our agents, vendors or partners (“Third Party Providers”). This may include financial market data, quotes, news, analyst opinions and research reports (collectively, “Market Information”). We do not endorse or approve the Market Information, and we make it available to you only as a convenience. Centric and our Third-Party Providers do not (a) guarantee the accuracy, timeliness, completeness or correct sequencing of the Market Information; or (b) warrant any results from your use or reliance on the Market Information. Market Information may quickly become unreliable for various reasons including, for example, changes in economic circumstances. Neither Us nor the Third-Party Providers are obligated to update any information or opinions contained in any Market Information, and we may discontinue offering Market Information at any time without notice. You agree that neither Centric nor the Third-Party Providers will be liable in any way for the termination, interruption, delay or inaccuracy of any Market Information. You will not redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized by CENTRIC to receive it. If you are a securities broker, dealer, banker or investment advisor, You agree not to use the Market Information provided by Us for any purpose related to your business.
Third Party Links
Certain links may let you leave Our Website. The linked websites are not under the control of Centric and We are not responsible for the content of any linked website or any link contained in a linked website, or any changes or updates to such websites. We are providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement, investigation, verification or monitoring by Us of such third party website.
Change to Terms and Conditions
Representations and Warranties
You represent and warrant, each time You access the Website or use the Content, that (a) You have agreed to be bound by the terms of this TOU; (b) You shall only use the Website and the Content in accordance with this TOU, any applicable Supplemental Agreement and applicable law; and (c) if You are accessing the Services on behalf of another party, You assume all fiduciary, regulatory and other requirements and duties that may apply to Your relationship to such party.
Disclaimer of Warranties
The Services on this Website are provided on an “as is,” “where is” and “Where available” basis. ALTHOUGH CENTRIC TRIES TO PROVIDE ACCURATE AND TIMELY INFORMATION ON ITS WEBSITE, THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS. CENTRIC RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANYTIME AND WITHOUT NOTICE. NEITHER WE NOR ANY THIRD PARTY PROVIDER THAT CONTRIBUTES IN ANY MANNER TO THE CONTENT MAKES ANY REPRESENTATION OR WARRANTY WHATSOEVER, INCLUDING WARRANTIES (A) WITH RESPECT TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE CONTENT; OR (B) THAT THE CONTENT SHALL BE UNINTERRUPTED OR ERROR FREE, FURTHER, WE AND ANY THIRD PARTY PROVIDER THAT CONTRIBUTES IN ANY MANNER TO THE CONTENT DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE RELATING TO THE CONTENT. YOU ASSUME THE ENTIRE RISK TO THE USE OF THE WEBSITE AND THE CONTENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CENTRIC, OR ITS AFFILIATES, SUBSIDIARIES OR CONTROLLING ENTITIES OR THEIR THIRD PARTY PROVIDERS, CONTRACTORS OR TECHNOLOGY OR CONTENT PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES (THE “CENTRIC PARTIES”), HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY COSTS, LIABILITIES OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE CONTENT, INCONVENIENCE OR DELAY), CONSEQUENTIAL OR PUNITIVE (TOGETHER “COSTS”), ARISING OUT OF, OR IN CONNECTION WITH THIS TOU OR THE PERFORMANCE OR BREACH OF THIS TOU, YOUR OR ANY OTHER PERSON’S USE OF, OR INABILITY TO ACCESS THE CONTENT, OR FOR ANY INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICE MADE AVAILABLE TO YOU VIA THE WEBSITE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON STATUTE OR ARISING IN CONTRACT, INDEMNITY, WARRANTY, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), REGARDLESS OF WHETHER ANY CENTRIC PARTY KNOWS OR HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF CENTRIC OR ANY THIRD PARTY PROVIDER OF SOFTWARE OR SERVICES. THIS LIMITATION OF LIABILITY IS IN ADDITION TO ANY OTHER LIMITATION PROVIDED IN ANY APPLICABLE ACCOUNT SERVICE, SUPPLEMENTAL AGREEMENT OR ANY OTHER AGREEMENT.
This limitation of liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure.
Your Indemnification Obligations
You agree to indemnify and hold Centric, and its directors, officers, employees, and agents harmless from and against all claims and expenses, including attorney’s fees, arising out of the use of the Website, or its Content, by You.
Governing Law; Interpretation, Section Headings
This TOA shall be governed by and construed and enforced in accordance with the laws of the State of Texas, without regard to its choice of law provisions. The section headings contained herein are for purposes of convenience only and shall not be deemed to constitute a part of this Agreement or to affect the meaning or interpretation of this Agreement in any way. You acknowledge that any violation of the terms of this TOU, or misuse of the Website or the content, or infringement of any Mark may cause Centric irreparable harm, the amount of which may be difficult to ascertain, and therefore, You agree that Centric shall have the right to apply to a court of competent jurisdiction for an order enjoining any such further misappropriation and for the such other relief as Centric deems appropriate. This right of Centric is to be in addition to the remedies otherwise available to Centric.
Waiver of Trial by Jury
EACH PARTY, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR OTHER LEGAL PROCEEDING AGAINST THE OTHER FOR ANY DISPUTE OR CONTROVERSY BETWEEN THE PARTIES ARISING OUT OF OR RELATING TO THIS WEBSITE, THE CONTENT, OR THE USE THEREOF. THIS WAIVER APPLIES TO ANY ACTION OR LEGAL PROCEEDING WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE.
Third Party Beneficiaries
To the extent the Content contains data or information provided by Third Party Providers or are otherwise contributed to by Third Party Providers, such third-Party Providers shall be considered third party beneficiaries of this TOU.
You may not assign, sublicense, delegate, subcontract or otherwise transfer Your rights, duties and obligations under this TOU to a third party without Our express written consent. Any instrument purporting to make an assignment or other transfer in violation of this provision shall be null and void. Any forbearance or delay on the part of either party hereto in enforcing any provision of this TOU or any of its rights hereunder shall not be construed as a waiver of such provision or of a right to enforce same for such occurrence or any future occurrence.
This TOU, together with any and all Supplemental Agreements, constitute the entire agreement between You and Centric with respect to Your use or access of the Website or the Content.
Should any provision of this TOA be held unenforceable or invalid under the laws of the United States of America or the State of Texas or under any other applicable laws of any other jurisdiction, then the parties hereto agree that such provision shall be deemed modified for purposes of the performance of this TOA in such jurisdiction to the extent necessary to render such provision lawful and enforceable, or if such a modification is not possible without materially altering the intention of the parties hereto, then such provision shall be severed from this TOA for purposes of the performance of this TOA in such jurisdiction. The validity of the remaining provisions of this TOA shall not be affected by any such modification or severance.
Any cause of action with respect to the Website or the content must be commenced by You within one year after the claim or cause of action arises. The rights and remedies of the parties hereunder are cumulative and are in addition to, and not in lieu of, all rights and remedies available at law and in equity.
Commitment to Privacy