You agree with Coldstream Wealth Management, Inc. (“we”,”our”,”us,” as the case may be) as follows:
Our Web Site (the “Site”) was designed to help our advisory clients view information regarding accounts managed by our firm, and to use information, content, messages, products, services, software and databases available through the Site. The Site is available only to advisory clients (referred to as “you”) who agree to the terms and conditions in this Agreement.
If you agree with the terms and conditions of this Agreement, select “I Agree” to acknowledge your consent and intention to be bound by these terms and conditions. By selecting “I Agree,” completing the registration process, obtaining a password, and/or using the Site, (i) you represent and warrant that you have the authority to enter into this Agreement and create a binding contractual obligation, (ii) you indicate that you understand and intend this Agreement to be the legal equivalent of a signed, written contract, and equally binding, and (iii) you represent and warrant that you will use the Site in a manner consistent with applicable laws and regulations and in accordance with the terms and conditions in this Agreement, as the same may be amended by us, online or otherwise, from time to time.
If you do not agree with the terms and conditions in this Agreement, please exit or close this window and notify us immediately.
This Agreement applies to all information, content, messages, products, services, software and databases available through the Site.
(a) Arbitration is final and binding on the parties.
(b) The parties are waiving their right to seek remedies in court, including the right to a jury trial.
(c) Pre-arbitration discovery is generally more limited than and different from court proceedings.
(d) The arbitrators’ award is not required to include factual findings or legal reasoning and any party’s right to appeal or to seek modification of rulings by the arbitrators is strictly limited.
(e) The panel of arbitrators will typically include a minority of arbitrators who were or are affiliated with the securities industry.
You hereby agree to settle by arbitration any controversy between you and us, or our affiliates, or our or their respective officers, directors, employees or agents, including, but not limited to, any Third Party Service Providers, which controversy arises out of this Agreement between you and us or any Third Party Service Providers or which relates to this Agreement, the Electronic Services, and any content or information provided thereon. Such arbitration will be conducted by, and according to the arbitration rules then in effect of, the Financial Industry Regulatory Authority (FINRA), the American Arbitration Association or Judicial Arbitration and Mediation Services (JAMS).
Any arbitration conducted pursuant to this Section will take place in San Francisco, California. Arbitration shall be initiated by filing a statement of claim with one of the organizations specified above. Any award the arbitrator makes will be final, and judgment on it may be entered in any court having jurisdiction. This arbitration agreement shall be enforced and interpreted exclusively in accordance with applicable federal law, including the Federal Arbitration Act. Any costs, fees or taxes involved in enforcing the award shall be fully assessed against and paid by the party resisting enforcement of said award. No person shall bring a putative or certified class action to arbitration, nor seek to enforce any predispute arbitration agreement against any person who has initiated in court a putative class action who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until:
(a) the class certification is denied;
(b) the class is decertified; or
(c) the customer is excluded from the class by the court.
Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein.
19.1 Force Majeure. Neither party shall be liable for any failure or delay in performance under this Agreement which is due to any event beyond the reasonable control of such party, including without limitation, fire, explosion, unavailability of utilities or raw materials, Internet delays and failures, telecommunications failures, unavailability of components, labor difficulties, war, riot, act of God, export control regulation, laws, judgments or government instructions.
19.2 Entire Agreement. This Agreement sets forth the entire agreement between the parties with regard to the subject matter hereof. No other agreements, representations, or warranties have been made by either party to the other with respect to the subject matter of this Agreement, except as referenced herein. This Agreement may be amended only by a written agreement signed by both parties.
19.3 Limitation of Actions. No action, regardless of form, arising out of this Agreement, may be brought by either party more than one (1) year after the cause of action has arisen.
19.4 Relationship of the Parties. The parties agree that we shall perform our duties under this Agreement as an independent contractor. Nothing contained herein shall be deemed to establish a partnership, joint venture, association, or employment relationship between the parties. Personnel employed or retained by us who perform duties related to this Agreement shall remain under our supervision, management, and control.
19.5 Severability. If any of the provisions of this Agreement are found or deemed by a court to be invalid or unenforceable, they shall be severable from the remainder of this Agreement and shall not cause the invalidity or unenforceability of the remainder of this Agreement.
19.6 Waiver. Neither party shall by mere lapse of time without giving notice or taking other action hereunder be deemed to have waived any breach by the other party of any of the provisions of this Agreement. Further, the waiver by either party of a particular breach of this Agreement by the other party shall not be construed as, or constitute, a continuing waiver of such breach, or of other breaches of the same or other provisions of this Agreement.
19.7 Survival. The following provisions shall survive termination or expiration of this Agreement: Sections 3 (Third Party Service Providers), 4 (Financial Market Information; No Warranty: Financial Information), 5 (Research Reports), 8 (Disclaimer of Warranties), 10 (Arbitration), 11 (Securities Professionals May Not Use Research Reports In Their Business), 12 (Limitations of Liability: Limitation of Damages), 13 (No Liability for Events Outside of Entities’ Direct Control), 14 (Use of Proprietary Information), 15 (Access, Passwords, and Security), 17 (Indemnification), and 19 (General).
(a) posting or transmitting unlawful materials, e-mail or information;
(b) posting or transmitting harassing, threatening or abusive materials, e-mail or information;
(c) posting or transmitting defamatory, libelous, slanderous or scandalous materials, e-mail or information;
(d) posting or transmitting obscene, pornographic, profane or otherwise objectionable information of any kind;
(e) posting or transmitting materials, e-mail or information that would constitute an infringement upon the patents, copyrights, trademarks, trade secrets or other intellectual property rights of others;
(f) posting or transmitting materials constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation, the U.S. export control laws and regulations;
(g) posting or transmitting materials that would give rise to liability under the Computer Fraud and Abuse Act;
(h) attempting to “hack” root or user logins on another system, machine, or network;
(i) using the Services in such a way as to impair or otherwise interfere with another User’s use of the services;
(j) including any inappropriate third party advertising; and
(k) using the Services to commit fraud or engage in other misleading or deceptive activities.
Certified Financial Planner Board of Standards Inc. owns the certification marks CFP®, Certified Financial Planner™ and CFP® in the U.S., which it awards to individuals who successfully complete CFP Board’s initial and ongoing certification requirements.
CFA® and Chartered Financial Analyst® are registered trademarks owned by CFA Institute.