This Web site is controlled by the Company from its offices within Colorado. The Company complies with all laws of Colorado applicable to this Web site and to the Internet. Visitors who choose to visit this Web site from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with their local laws.
Venue & Jurisdiction
Claims relating to this Web site, to the use of this Web site, and to the information, content, material, goods and services available through this Web site are governed by the laws of Colorado. You hereby unconditionally, voluntarily, and irrevocably consent to submit to the exclusive jurisdiction of Colorado for any litigation concerning this Web site, your use of this Web site and any transactions made through this Web site. You agree not to plead forum non convenience in any such action. You consent to service of process.
Change of Terms
Alteration of Site
The Company may change, suspend or discontinue any feature, aspect, product, goods or service available through this Web site at any time. The Company may alter the availability of any feature of this Web site or service related to any feature of this Web site at any time.
The Company may add, remove or modify any content of this Web site, including that of third parties, at any time.
Limitation on Usage
The Company may limit your access to any part of this Web site without notice to you. The Company may terminate your use of its Web site at any time.
Visitor On-line Conduct
You agree to use this Web site only for lawful purposes.
You agree to use this Web site only for its intended purposes.
The Company reserves the right to restrict or prohibit any conduct involving this Web site that it deems to be inappropriate.
- You agree not to disrupt this Web site.
- You agree not to alter or modify any part of this Web site.
- You agree not to interfere with or compromise the security of this Web site, or any computers, servers, accounts, networks, data, software and/or hardware associated with this Web site.
- You agree not to disrupt or interfere with any other visitor’s use of this Web site.
- You agree not to attempt to obtain access to any portion of this Web site, any computer, server, account, network, software or hardware associated with the Web site, from which you are restricted.
- You agree that you are solely responsible for any actions you undertake while visiting this Web site and that you will comply with all applicable local, state, national, federal and international laws and regulations applicable to this Web site and the Internet, including United States copyright and export regulations.
- You warrant that all information you provide to gain access to the services provided by this Web site is accurate and truthful.
Links To and From Other Web Pages
Copyright, Trademark and Intellectual Property
All information, content and material (“CONTENT”) made available by the Company through this Web site is owned by or licensed to the Company or one or more of its affiliates. The Company and its licensors retain all rights in this CONTENT.
All CONTENT, including, but not limited to the Web site design, text, drawings, photographs, graphics, sound recordings and video recordings are protected by copyrights owned by the Company or its licensors. The CONTENT and any and all such copyrighted material may not be modified, copied, distributed, downloaded, displayed, e-mailed, transmitted or sold in any form or by any means, in whole or in part, without the prior written consent of the respective copyright owner.
The Company grants you permission to display, copy, distribute, print and/or download, the CONTENT on this Web site for your personal, non-commercial use only. If you display, copy, distribute, print and/or download the CONTENT on this Web site then you may not modify that CONTENT and you must retain all copyright and other proprietary notices contained in the CONTENT.
The permission granted herein terminates automatically if you breach these terms or conditions. Upon termination of the permission, you must immediately destroy any CONTENT you displayed, copied, distributed, printed and/or downloaded.
Equity Advisor Solutions and http://www.equityadvisorsolutions.com are registered trademarks, trademarks, trade names, service marks, or otherwise protected property of the Company and may not be used, copied or imitated without the prior written consent of the Company.
The Company’s intellectual property may not be used in connection with any service or product that is not the Company’s. The Company’s intellectual property may not be used in any manner that is likely to cause confusion among consumers or in any manner that disparages the Company. Other trademarks, trade names, product names, company names, service marks and otherwise protected property displayed on this Web site are the property of their respective owners and are subject to the terms and conditions applied by those owners to their intellectual property.
The compilation of the CONTENT on this Web site is the exclusive property of the Company and is protected by U.S. and International Copyright Law.
You may not mirror any CONTENT contained in this Web site on any other Web site or server.
Digital Millennium Copyright Act, Transmission of Third Party Content
You may not upload, post or otherwise distribute on this Web site anything protected by copyright or other proprietary rights unless the owner of the applicable copyright or proprietary right has given you express authorization for such uploading, posting or distribution on the Web.
Anything for which permission has been granted to upload, post or otherwise distribute must contain the notice “Copyright, YEAR, Equity Advisor Solutions used by express permission.”
The unauthorized use, uploading, posting, and /or distribution of CONTENT protected by copyright or other proprietary rights is illegal and potentially subjects the malfeasant to civil penalties and criminal prosecution.
The Company, its affiliates, officers directors, employees, agents or any such similarly situated persons or entities are not liable for damages resulting from any infringement resulting from your actions involving copyrighted or proprietary right protected material.
The Company, pursuant to the Digital Millennium Copyright Act, designates Sean Gultig as its copyright agent to receive complaints and notices of suspected copyright infringements. Sean Gultig can be reached via e-mail at [email protected] or by mail at Equity Advisor Solutions, 1700 Broadway, Suite 2120, Denver, Colorado 80290.
You are prohibited from uploading, posting or otherwise distributing on this Web site any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane CONTENT that could produce any civil or criminal liability for either yourself or for the Company, its affiliates, officers, directors, employees, agents or any such similarly situated persons or entities.
Ownership of Third Party Content
The Company may display CONTENT supplied by visitors and other third parties on its Web site. The Company has no editorial control over this CONTENT. The content supplied by visitors and other third parties belongs to the respective owners of that content.
THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ANY SUCH SIMILARLY SITUATED PERSONS OR ENTITIES (“WE”) DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.
WE DO NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.
We shall not, under any circumstances, be liable for any liability, loss, damages or harm caused by you or anyone else’s reliance on CONTENT available on this Web site that is the property of visitors or third parties. You are solely responsible for evaluating and acting on any CONTENT available on this Web site.
Copyright Violation Notification
If you have a good faith belief that your copyright has been infringed by any CONTENT on this Web site, then please notify the Company’s copyright agent: Sean Gultig, who can be reached via e-mail at [email protected] or by mail at Equity Advisor Solutions, 1700 Broadway, Suite 2120, Denver, Colorado 80290. Please provide, in writing, the following information to Mr. Gultig: a statement that you have a good faith belief that your copyright has been infringed and that the disputed use was not authorized by either the copyright owner, the agent of the copyright owner or by operation of law (i.e., fair use); a description of the copyrighted work that you believe has been infringed; a description of the location of the allegedly infringing material; your name, address, telephone number and e-mail address; a statement, made under penalty of perjury, that your notice of copyright infringement is accurate and that you are either the copyright owner or are a person authorized to act on behalf of the copyright owner.
Your notice of copyright infringement must contain either the electronic or physical signature of either the copyright owner or a person authorized to act on behalf of the copyright owner.
THIS WEB SITE IS PROVIDED “AS-IS” AND “AS-AVAILABLE.” THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THIS WEB SITE, THE CONTENT, GOODS AND/OR SERVICES AVAILABLE ON OR THROUGH THIS WEB SITE.
YOU AGREE TO VISIT THIS WEB SITE SOLELY AT YOUR OWN RISK. YOU AGREE THAT YOUR USE OF THIS WEB SITE, AND ANY CONTENT, GOODS AND/OR SERVICES AVAILABLE THROUGH THIS WEB SITE IS SOLELY AT YOUR OWN RISK. WE DO NOT WARRANT OR GUARANTEE THAT THIS WEB SITE WILL BE AVAILABLE AT ALL TIMES OR THAT A VISITOR’S USE WILL BE CONTINUOUS AND/OR ERROR FREE.
WE DO NOT MAKE ANY WARRANTIES THAT THE CONTENT, GOODS AND/OR SERVICES AVAILABLE THROUGH THIS WEB SITE ARE ACCURATE, RELIABLE OR CURRENT.
WE MAKE NO WARRANTY CONCERNING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE OR ANY CONTENT, GOODS AND/OR SERVICES AVAILABLE THROUGH THIS WEB SITE.
THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM, TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF MERCHANTABILITY.
LIMITATION OF LIABILITY
NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THIS WEB SITE.
NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THIS WEB SITE SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THIS WEB SITE, RESULTING FROM ACTS INCLUDING BUT NOT LIMITED TO ACTS OF GOD, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, UNAUTHORIZED ACCESS, THE COMPANY’S NEGLIGENCE OR YOUR OWN ERRORS AND/OR OMISSIONS, AND ANY OTHER CAUSE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH THIS WEB SITE.
IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGES IS PROHIBITED, THE COMPANY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION.
No Joint Venture
This Agreement provides only for the use of this Web site. This Agreement shall not be construed as a teaming, joint venture, or other such arrangement, unless the parties expressly and explicitly execute a written agreement to that effect.
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company and its affiliates, officers, directors, employees, representatives and agents from any liability, damages, losses, costs, or expenses that the Company may incur as a result of your use of this Web site and/or your use of the CONTENT, goods and/or services available though this Web site. You further agree to defend, indemnify and hold harmless the Company and its affiliates, officers, directors, employees, representatives and agents from any liability, damages, losses, costs or expenses that the Company may incur as a result of your providing inaccurate or untruthful information to gain access to the service provided through this Web site.