Legal Disclaimer FINSER GROUP
-
Upload
finser-group -
Category
Documents
-
view
217 -
download
0
Transcript of Legal Disclaimer FINSER GROUP
7/28/2019 Legal Disclaimer FINSER GROUP
http://slidepdf.com/reader/full/legal-disclaimer-finser-group 1/6
FINSERGROUPLEGAL DISCLAIMER
Finser
International
Corporation,
its
subsidiaries
and
affiliates
(collectively,
“FINSER”),
requires
all
visitors to this website and the sites owned and operated by FINSER on the World Wide Web,
(collectively, the “Website”) as well as Emails received, to adhere to the following terms and conditions.
Email messages (including any attachments), contains confidential information intended for a specific
individual and purpose, and is protected by law. If you are not the intended recipient, you should delete
the message. The contents of a message is based on information available to the public and of sources
deemed to be reliable. However, no guarantees can be made about the exactness of the information,
which could be incomplete or condensed. The opinions are of the author on the date it was sent, and
may change without the need of notification. A message is only for information purposes and its
intention is not to offer or to solicit the purchase or sale of any security or investment. A message
cannot be reproduced partially or totally without the written consent of the author.
By accessing and/or using the Website and the information, content, forms, photographs, graphics,
software or other products or services available by or through the Website (the “Content”), you
acknowledge that you have read and agree to be bound by these Terms of Use (the “TOU”), and that, to
the extent applicable, the TOU supplements your existing Client Agreement(s), if any, with FINSER.
Please read the following terms and conditions carefully.
1.Parties. As used herein, the term "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 FINSER. The Website is operated by FINSER Financial, Inc.
2.Usage and Proprietary Rights. All right, title and interest in this Website and the Content is the
exclusive property of FINSER, 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
‐
sublicenseable license to access the Website and the Content subject to this 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 agree that We may monitor Your use of
the Content.
3.Restricted Content. All trademarks, service marks, slogans, logos, trade dress and other identifiers
(“Marks”) displayed on the Website are the property of FINSER, or of other parties. The names of other
7/28/2019 Legal Disclaimer FINSER GROUP
http://slidepdf.com/reader/full/legal-disclaimer-finser-group 2/6
companies and third party products or services mentioned on the Website may be the trademarks or
service marks of their respective owners. The Marks are protected by U.S. and foreign trademark,
common law rights and statutes. You are prohibited from using any Marks for any purpose including,
but not limited to, use on other materials, in presentations, as domain names, or as metatags, without
the express written permission of FINSER or such other party that may own the marks.
4.Copyright Notifications. Pursuant to Section 512(c)(2) of the Copyright Act, FINSER designates the
following agent to receive notifications of claimed infringement: Avila Rodriguez Hernandez Mena &
Ferri LLP, 2525 Ponce de Leon Blvd., Penthouse 1225, Coral Gables, Florida 33134, [email protected].
5.Additional Terms. Certain sections of or 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 “clicks” 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.
6.No Investment Advice or Offers. Nothing in the Website constitutes investment advice, including
FINSER filings with the Securities and Exchange Commission, or recommendations as to the suitability of
any specific product or security. All Content is provided for Your convenience and information only, and
no such Content shall constitute an offer to sell or a solicitation of an offer to buy any security. Prior to
the execution of any transaction by You involving information You received from this Website, You
should consult your financial, business, tax and accounting advisors and your attorney, with respect to
the price, suitability, value, risk or other aspects of any stock, mutual fund, security or other investment.
Pricing and other information generated through the use of data or services made available herein may
not reflect actual prices or values that would be available in the market at the time provided or at the
time that the user may want to purchase or sell a particular security or other instrument. The Content
provided
on
this
Website
are
not
provided
to
and
may
not
be
used
by
any
person
or
entity
in
any
jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations
of any governmental authority or regulatory or self ‐regulatory organization or clearing organization or
where FINSER is not authorized to provide such information or services.
7.Market Information. 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
includes 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. FINSER 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 market conditions or 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 FINSER 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 FINSER 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.
7/28/2019 Legal Disclaimer FINSER GROUP
http://slidepdf.com/reader/full/legal-disclaimer-finser-group 3/6
8.Dated and Forward‐Looking Statements. Certain information on the Website may contain certain
forward‐looking statements, which are subject to risks and uncertainties and speak only as of the date
on which they are made. The words “believe”, “expect”, “anticipate”, “optimistic”, “intend”, “aim”,
“will” or similar expressions are intended to identify forward‐looking statements. You are cautioned not
to place undue reliance on these forward‐looking 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.
We undertake no obligation to update publically or revise any dated or forward‐looking statements.
9.Unauthorized Use. 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 FINSER website or service or interfere with any
other party’s use and enjoyment of the Website or the Content. You shall not introduce, nor permit any
person to introduce into the Website or Content, any code or malicious or hidden mechanisms that
would impair the operation of the Website or Content, or of Our computers, networks, or other devices
or software. FINSER 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 disclaims any responsibility for the Content available on any other websites linked to Our
Website.
10.Third Party Links. Certain links may let you leave the FINSER Website. The linked websites are not
under the control of FINSER 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. FINSER is 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.
11.Change to Terms and Conditions. We reserve the right to add, delete or otherwise modify the TOU
(or any Supplemental Agreements) at any time without notice to You. The most current version of the
TOU can be reviewed by clicking on the “Terms of Use” link located at the bottom of this Website. Any
continued
use
of
the
Website
after
such
additions,
deletions
or
modifications
shall
be
deemed
to
constitute acceptance by you of the additions, deletions or modifications.
12.Representations and Warranties. You represent and warrant, each time You access the Website or
use the Content, that (a) You have the power and authority (including under any applicable investment
restrictions or guidelines and on behalf of any party for whom You are using the Services) to enter into
and perform Your obligations under this TOU and this TOU is Your legal, valid, binding and enforceable
obligation; (b) You have agreed to be bound by the terms of this TOU; (c) You shall only use the Website
and the Content in accordance with this TOU, any applicable Supplemental Agreement and applicable
law; and (d) 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.
13.DISCLAIMER OF WARRANTIES. THE Services on this Website are provided on an “as is,” “Where is”
and “Where available” basis. ALTHOUGH FINSER TRIES TO PROVIDE ACCURATE AND TIMELY
INFORMATION on
its
website,
THERE
MAY
BE
INADVERTENT
TECHNICAL
OR
FACTUAL
INACCURACIES
AND TYPOGRAPHICAL ERRORS. FINSER 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‐
7/28/2019 Legal Disclaimer FINSER GROUP
http://slidepdf.com/reader/full/legal-disclaimer-finser-group 4/6
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.
14.LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FINSER
FINANCIAL, INC. 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 "FINSER 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
FINSER 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
FINSER
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.
15.Your indemnification Obligations. You agree to defend, indemnify and hold FINSER, and its directors,
officers, employees, and agents harmless from and against all claims and expenses, including attorneys’
fees, arising out of the use of the Website, or its Content, by You.
16.Governing Law. This TOU will be governed by Florida law without giving effect to principles of conflict
of
law.
Any
party
bringing
legal
action
or
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, shall bring
the legal action or proceeding (i) in the United States District Court for the Middle District of Florida; or
(ii) in any court of the State of Florida sitting in Miami‐Dade county, if there is no federal subject matter
jurisdiction. You acknowledges that any violation of the terms of this TOU, or misuse of the Website or
the Content, or infringement of any Mark may cause FINSER irreparable harm, the amount of which may
be difficult to ascertain, and therefore You agree that FINSER shall have the right to apply to a court of
competent jurisdiction for an order enjoining any such further misappropriation and for such other relief
as FINSER deems appropriate. This right of FINSER is to be in addition to the remedies otherwise
available to FINSER.
17.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.
18.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 for purposes of Sections 12, 13 and 14.
7/28/2019 Legal Disclaimer FINSER GROUP
http://slidepdf.com/reader/full/legal-disclaimer-finser-group 5/6
19.Assignment; Waiver. 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.
20.Entire Agreement. This TOU, together with any and all Supplemental Agreements and applicable
Account or Client Agreements, constitute the entire agreement between You and Us with respect to
your use or access of the Website or the Content.
21.Severability. If for any reason a court of competent jurisdiction finds any provision of this TOU, or
portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent
permissible so as to affect the intent of this TOU, and the remainder of this TOU shall continue in full
force and effect.
22.Miscellaneous. 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.
23.Commitment to
Privacy.
FINSER
is
committed
to
protecting
confidentiality
of
the
information
furnished to You.
24. PRIVACY NOTICE
Maintaining your trust and confidence is a high priority. That's why we want you to understand how
your privacy is protected. This Privacy Notice is issued by Finser.
In connection with providing you with investment advisory services, we collect nonpublic personal
information about you such as, as applicable, your name in combination with your social security
number, driver’s license number, passport number or other government‐issued identification
number, date
of
birth,
assets,
income,
tax
information,
beneficiary
information,
personal
bank
account information, account numbers for other financial accounts you may hold, and transactional
history. We collect such information from your account application and other forms that you may
deliver to us and from the securities transactions executed in your advisory accounts. This is
information that regulators consider necessary for the proper servicing of your account. We restrict
access to nonpublic personal information about you to only those employees who need to know
that information to provide products and services to you, and we maintain physical, electronic, and
administrative safeguards that comply with federal standards to maintain the security of your
nonpublic personal information.
In order to manage your investment portfolio(s), effect transactions in your advisory account, and to
service your account properly, we may disclose all of the information that we collect, as described
above, to firms that assist us in servicing your account, such as the executing broker/dealer(s), their
clearing broker/dealer(s), and any other custodian you may appoint.
All records containing your nonpublic personal information are kept at our offices and may also be
kept at those companies with whom we associate in order to service your account, including the
executing broker/dealers. These service providers are required to protect the confidentiality of your
information and to use the information only for the purposes for which disclosure to them is made.
Your nonpublic personal information may be shared among the entities described in this Privacy
7/28/2019 Legal Disclaimer FINSER GROUP
http://slidepdf.com/reader/full/legal-disclaimer-finser-group 6/6
Notice, their affiliates, and their non‐affiliates who provide transfer agent services, custody services,
clearing services or other services related to the management and servicing of your account.
We do not share nonpublic personal information about present or former customers to non‐
affiliated third parties other than those identified in this Privacy Notice, except as permitted or
required by law to, for example: effect, administer or enforce a transaction in your account; protect
the security and integrity of our records; protect our rights and property and the rights and property
of others; take precautions against liability; respond to claims that your information violates the
rights and interests of third parties; take actions required by law or to respond to judicial process;
assist with detection, investigation or reporting of actual or potential fraud, misrepresentation or
criminal activity; and provide information to law enforcement agencies or for an investigation on a
matter related to public safety.
If you decide to close your account(s) or become an inactive customer, we will continue to adhere to
the privacy policies and practices set forth above.