The services provided by GuardVest on and through this Site include the following: (i) analysis, reports, tools, and solutions to help investors and investment advisors to review their investment portfolios and obtain performance reviews and summaries; (ii) provision of an online forum to share information and content regarding investments and investment services and tools; and (iii) other investment management services (collectively, the “GuardVest Services”). As a component of the GuardVest Services, we may send alert notifications to you from time to time. Such alerts may include notifications of change of passwords, unauthorized access to your account, and/or other information related to your engagement of GuardVest. While you may opt-out of such alerts, we recommend that you keep the alert notice option activated for your own protection.
The Site is not intended to be used by anyone under the age of 18 or anyone under the legal age to form a binding contract in his or her jurisdiction, and GuardVest does not knowingly solicit information from any such person. If you are under the age of 18, you are not permitted to use this Site.
Your Permitted Use of the Site
This Site is intended to provide information and solutions related to the GuardVest Services and nothing herein shall constitute specific advisement with respect to any investment product, investment services, funds, securities, or investment managers. Further, this Site and the information contained herein shall not be construed as any offer to sell or solicitation to buy any securities or related financial instruments in any jurisdiction. You, by accessing and using this Site, are using the information and materials at your own risk and shall comply with all applicable laws and regulations.
Subject to these Terms of Service, you may use the site to obtain GuardVest Services, including downloading and using any reports, analysis, and other materials provided by GuardVest. Further, to interact with certain features on the Site, including participating in the web-based communications forum (“Forum”), you must create a public profile (“Public Profile”) through which you may provide certain information, comment, and other content (“User Content”). In providing such User Content, you are solely responsible for the accuracy of your Public Profile and all such use of the Forum is at your own risk. If you include any personal information in your Public Profile or Form, such information shall be deemed public.
You acknowledge that GuardVest does not control your User Content or other content posted by other customers and/or third parties. GuardVest does guarantee the accuracy, integrity or quality of such content. You understand that you shall not post any User Content, which is false, misleading, fraudulent, offensive, indecent and/or objectionable. The User Content also shall not include any materials or information, which infringes, violates, or otherwise misappropriates third party rights, including intellectual property rights. You are responsible for complying with all laws applicable to your User Content and you shall not use the Forum or provide any User Content to harass, threaten, disparage, or otherwise create any hostile environment for others, including solicitations and/or spam content. GuardVest shall not be responsible for any claims or liabilities arising from your creation and/or use of the Public Profile or provision of User Content. Further GuardVest reserves the right, at any time for any reason, in its sole discretion, to modify, use, amend, remove, or delete any User Content without any notice or liability to the poster. In case of any claims of copyright violation, GuardVest follows the policies set forth in accordance with the Digital Millennium Copyright Act or DMCA (www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of GuardVest’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is: Steve Scanlon, 6117 Morningside Ave., Dallas, Texas.
You are expressly authorizing and licensing GuardVest to use all such Personal Information to provide you with the requested services, including accessing your personal investment accounts as held and/or managed by third party institutions. You can choose not to provide this information and are not obligated to provide us with any such information, but that may affect your ability to obtain certain information or gain access to the requested pages/services on this Site. In addition, we may collect your IP address, your company name, browser-related information, cookies, or other information that we can obtain using technology within the Site. GuardVest will not sell or distribute such information to third parties; however, we may use such information for our internal business purposes, including sending you additional information and notices about GuardVest’s business and other services. Further, this process may utilize “cookies”, which allow the Site to recognize prior visitors or use other methods to track visitor usage. You can choose to deactivate this function; however, doing so may result in decreased efficiency in your use of the Site.
To ensure that your Personal Information is adequately safeguarded, GuardVest has implemented reasonable measures to protect such information from unauthorized access. Please be aware though that, despite our efforts, no security measures are perfect or impenetrable and it is possible that your Personal Information may be accessed without your permission. Therefore, any submission of Personal Information to GuardVest is at your own risk.
Any collection of credit card or other payment information, including processing of payments made by you electronically through the Site, is handled by a third party processer. It is your responsibility to review the applicable policy regarding the processing of such information and payment.
Use of Your Personal Information
Although your Personal Information will not be sold to third parties, GuardVest may use or share such information as a part of our normal business operations, e.g., processing your requests for information, reports, analysis, transactions, service, or to prepare investor disclosure materials, or to send you administrative communications either about your interactions with us or about features of the Site. Specifically, GuardVest may maintain (i) personal information you submit in connection with creating and updating your profile; (ii) information you submit on or through the Forum; (iii) browser and other usage-related information, such as IP address, requesting URL, referring URL; and (iv) and cookies. In addition, GuardVest may also share your information with third parties when you engage in certain activities on the Site that are sponsored by third parties, such as purchasing products or services offered by a third party, or electing to receive information or communications from a third party. In addition, GuardVest may take any personal information that have been collected and use it generically for demographic studies or other purposes, either by combining it with information about other individuals (aggregating your information with information about other individuals), or by removing personally-identifiable characteristics (e.g., your name). Given the nature of this information, GuardVest expressly reserves the right to use and/or share this information with third parties.
This Site may contain links to other websites and/or other third party content. This is provided solely for your convenience, and GuardVest does make any representations or warranties with respect to such third party websites and/or information. If you decide to access the linked third party website, you do so at your own risk. GuardVest is not be responsible for any information, materials or services obtained on or from such other websites and will not be liable in any respect for any damages arising from your access of such websites. The inclusion of these links does not imply any endorsement, representation or warranty by GuardVest with respect to any such website or the content or services contained through such websites. Furthermore, you agree not to link any websites to this Site without the express prior written consent of GuardVest.
Disclaimers and Limitation of Liability
GuardVest makes no warranties or representations as to the accuracy of this Site or any information or materials provided herein. Under no circumstances will GuardVest, its officers, directors, managers, employees, contractors, or any party involved in creating, producing, or delivering the Site be liable to you or any third party for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on this Site, even if a GuardVest authorized representative has been advised of the possibility of such damages. Further, GuardVest will not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, images, video, or audio from this Site.
THE SITE AND ALL OF ITS CONTENTS ARE MADE AVAILABLE “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, OR ACCURACY, SECURITY OF INFORMATION, OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND EXPRESSLY DISCLAIMED. GUARDVEST MAKES NO WARRANTY THAT THE SITE WILL MEET ANY USER’S REQUIREMENTS. USERS OF THE SITE ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY AND PERFORMANCE OF THE SITE AND ITS CONTENTS AND ACKNOWLEDGE THAT THE SITE AND ITS CONTENTS MAY BE REVISED, ALTERED AND CHANGED FROM TIME TO TIME IN THE SOLE DISCRETION OF GUARDVEST. GUARDVEST DOES NOT REPRESENT OR WARRANT THAT ANY SITE CONTENT WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY SITE REFERRED OR LINKED TO HEREIN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
GUARDVEST ASSUMES NO LIABILITY FOR LOSS OR DAMAGE RESULTING FROM ANY USE OF OR RELIANCE UPON THE SITE OR ITS CONTENTS. IN NO EVENT WILL GUARDVEST BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR CLAIMS (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE SITE, ITS CONTENTS, THE USE THEREOF, THE INABILITY TO USE THE SITE, OR THE USE OF THE GUARDVEST SERVICES ON OR THROUGH THE SITE, EVEN IF GUARDVEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
You agree that any dispute with GuardVest concerning this Site, including any claims arising out of, relating to or in connection with the Terms of Service, shall be resolved exclusively through binding arbitration conducted under the Arbitration Rules and Procedures. The arbitration hearing shall be held in Dallas, Texas. Disputes shall not be resolved in any other forum or venue. You agree that the arbitrator shall apply the substantive law of the State of Texas. Any award rendered by the arbitrator shall be final and binding, and judgment may be entered on it in any court of competent jurisdiction as provided by law.