The following terms and conditions of use (“terms and conditions”) govern your use of, and access to, The Independent Financial Group (IFG) website. By accessing, using, printing or downloading anything from this Website, you agree to use the Website in accordance with, and be bound by, the terms and conditions stated below. You may use and access this Website only in accordance with such terms and conditions.
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. This Website is made available to all persons who agree to be bound by the terms and conditions set forth herein. If you do not agree with such terms and conditions, you must exit this Website immediately and may not use or access the Website or print or download anything from it. IFG reserves the right to modify or discontinue, temporarily or permanently, all or any portion of this Website with or without notice. You agree that IFG will not be liable to you or to any third party for any such modification, suspension or discontinuance.
No Offer, Investment Advice or Performance Guarantees. This Website is for
informational and educational purposes only. Despite the efforts of IFG to provide useful and accurate information, errors may occur. Neither the information nor any opinion expressed on this Website constitutes an offer by IFG to buy or sell any securities or financial instruments, or to provide any investment advice or service, nor should any information or opinion on this Website be construed as legal or investment recommendations or endorsements coming from IFG. In exchange for using this Website, you agree not to hold IFG liable for any possible claim for any damages arising from any decision you make based on such information. Before you act on information you have found on this Website, you should confirm any facts that are important to your decision. You alone will need to evaluate the merits and risks associated with the use of this Website. The services, securities and financial instruments described on this Website may not be available to or suitable for you, and not all strategies are appropriate at all times. The value and income of any of the securities or financial instruments mentioned on this Website can fall as well as rise, and an investor may get back less than he or she invested. Foreign-currency denominated securities and financial instruments are subject to fluctuations in exchange rates that could have a positive or adverse affect on the value, price or income of such securities and financial instruments. Past performance is not necessarily a guide to future performance. Independent advice should be sought in all cases.
Tax Consequences. Any investment products and services that may be mentioned on this Website may have tax consequences. It is important to bear in mind that IFG does not provide tax advice. The levels and bases of taxation can change. Your tax affairs are your own responsibility and you should consult your own attorneys or other tax advisors in order to understand the tax consequences of any investment products and services mentioned on this Website.
Links to Third Party Websites. This Website may contain links to other third party websites, including links to the websites of companies that provide related information, products and services. IFG does not control such linked websites and is not responsible for the content of them or any link contained within them. These links are solely for the convenience of visitors to this Website, and the inclusion of such links does not necessarily imply an affiliation, sponsorship or endorsement. IFG makes no representations whatsoever
regarding such third party websites. You should review the privacy policies of other websites carefully before providing any information to such websites. IFG is not responsible for the content or availability of third party websites, and shall not be responsible or liable for any information, opinions, advice, products, or services available on or through such third party websites. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
Links to this Website. We ask that you notify us in advance of your intention to link to the public portion of this Website by emailing us at info@indfin.com. You may not (i) display this Website in frames, or (ii) display any of the content found on this Website via inline links, without express written permission from an authorized representative of IFG.
Trademark and Service Mark Information. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark or service mark displayed on the Website without the written permission of IFG or such third party that may own the trademarks or service marks displayed on this Website. Your use of the trademarks or service marks displayed on this Website, or any other content on the Website, except as provided herein, is strictly prohibited. Images displayed on this Website are either the property of, or used with permission by, IFG. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted under these terms and conditions. Any unauthorized use of the images may violate copyright laws, trademark laws, service mark laws, the laws of privacy and publicity, or other regulations and statutes. No mark of IFG may be used in any manner that is likely to cause confusion among consumers or in any manner disparages, harms or discredits IFG.
Responsible Behavior. In addition to the obligations set forth above, you agree not to
access or use this Website to:
- reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of this Website, use of this Website, or access to this Website;
- 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 content transmitted on this Website;
- make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- make available any content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
- make available any content that is unlawful, harmful, threatening, tortious, defamatory, obscene, invasive of another’s privacy, or otherwise objectionable;
- make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- make available any material that contains software 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;
- interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to this Website; or
- violate any applicable local, state, national or international laws or regulations.
Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR OWN AND SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” And “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PIA NOR ANY OF IT AFFILIATES OR SUBSIDIARIES MAKES ANY WARRANTY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, NON-INFRINGEMENT, ACCURACY, ADEQUACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THIS WEBSITE. THERE IS NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIS WEBSITE. IFG MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES IFG MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE. IFG MAKES NO COMMITMENT TO UPDATE ANY INFORMATION ON THIS WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification. You agree to indemnify, defend and hold harmless IFG, its affiliates, officers, directors, members, managers, employees, consultants, shareholders, independent contractors, parents, subsidiaries, licensors and agents, from and against any and all claims, actions, demands, liability, damages and/or costs (including, but not limited to, reasonable legal and accounting fees), resulting or allegedly resulting from your use of this Website or your breach or threatened breach of any of the terms and conditions described herein, or from your violation of any applicable law, including your infringement or violation of any intellectual property or other right of a third party.
Limitation of Liability. YOU UNDERSTAND THAT UNDER NO CIRCUMSTANCES WILL IFG
OR ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES,
CONSULTANTS, SHAREHOLDERS, INDEPENDENT CONTRACTORS, PARENTS, SUBSIDIARIES, LICENSORS AND AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOSSES OR EXPENSES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY, ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, ANY PORTION OF THIS WEBSITE, EVEN IF IFG OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT ANYTHING DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL AND/OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Applicable Laws. The validity and enforcement of these terms and conditions and the relationship between you and us relating to your use of this Website shall be governed by, and construed in accordance with, the laws of the state of California, without regard to any conflict of laws provisions that would require the application of the laws of a different jurisdiction. If any part of these terms and conditions is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and
enforceability of any remaining provisions. In the event of any dispute between you and IFG in connection with this Website, you agree to submit to the exclusive and personal jurisdiction of the state and federal courts located in Ventura, California for any dispute, claim or action arising out of or related to your use of this Website or these terms and conditions of use, and you hereby waive any objections to the jurisdiction or venue of such courts. IFG makes no representation that this Website is appropriate or available for use in other locations, and forbids access to the Website from locations where the content may be illegal or is otherwise prohibited.
Assignments. You may not assign or delegate any right or duty under these terms of use or related to this Website without the prior written consent of an authorized officer of IFG. Any attempted assignment or delegation without such consent will be null and void from the beginning and without further effect. IFG may assign any right or duty under these terms of use or related to this Website with or without notice to you. Subject to the foregoing, these terms of use will be binding upon and will inure to the benefit of you and us, and each of our respective representatives, heirs, administrators, successors and permitted assigns. Waiver. No duty or breach of these terms and conditions of use may be waived by any act, omission or knowledge by IFG, except by an instrument in writing expressly waiving the duty or breach and signed by an authorized representative of IFG. Any waiver (express or implied) by us of any duty or breach will no constitute a waiver of any other or subsequent duty or breach.
Entire Agreement. These terms of use constitute the entire agreement between you and IFG with regard to your access to and use of this Website, and supersede all prior and contemporaneous negotiations, statements and agreements, whether written or oral, relating to the subject matter hereof, except that, in the case of any IFG client, this Agreement does not supersede any Investment Advisory Agreement or Service Agreement. To the extent the provisions of any Investment Advisory Agreement or Service Agreement conflicts with these terms and conditions of use, the provisions of the Investment Advisory
Agreement or Service Agreement will control. In the event any provision of these terms of use is judicially determined to be invalid or unenforceable, such provision will be changed and interpreted t accomplish the objectives of such provision to the greatest extent permitted under applicable law, and the remaining provisions will continue in full force and effect.
