Terms of Service
This Terms of Service (this "Agreement") is made by and between CX WealthDirect, an SEC registered investment adviser and an Indiana Corporation ("CX WealthDirect ") and the individual investment advisory client ("Client"). CX WealthDirect and its representatives are in compliance with the current filing requirements imposed upon SEC registered investment advisers by those states in which CX WealthDirect maintains clients. CX WealthDirect may only transact business in those states in which it is registered, or qualifies for an exemption or exclusion from registration requirements. This Agreement sets forth the general terms and conditions of Client's access to and use of CX WealthDirect’s CX WealthDirect Direct service (the "Service"). Once Client accepts by clicking "I Accept" on the CX WealthDirect Direct site, Client agrees to all of the terms and conditions of this Agreement.
Client acknowledges that, as the Service changes, Client may be required to agree to additional terms and conditions as a condition to continued use of the Service. Client further acknowledges that CX WealthDirect may change the terms and conditions applicable to use of the Service, but CX WealthDirect will obtain Client's agreement to such changed terms and conditions by presenting a revised Terms of Service to Client for acceptance. If Client refuses to accept the revised Terms of Service, CX WealthDirect has the right to immediately terminate Client's access to and use of the Service.
Privilege to Access and Use the Service
During the term of and subject to the terms and conditions of this Agreement, Client may access and use those aspects of the Service intended for access and use by clients (the " CX WealthDirect Direct site "). Client shall not (1) access or use any aspect of the Service other than those certain authorized sections of the CX WealthDirect Direct site; (2) access or use the Service for any purposes other than personal use; or (3) access or use the Service in any unlawful manner or in violation of this Agreement.
Client understands, acknowledges and agrees that:
- CX WealthDirect has authorized Client to access and use the CX WealthDirect Direct site. CX WealthDirect may at any time, in its sole discretion, terminate such authorization.
- The CX WealthDirect Direct site is not a replacement for account statements provided by custodians of Client’s financial accounts. It is important to compare the information on the CX WealthDirect Direct site with the statements Client receives from the custodian(s) for the Client’s account(s).
- CX WealthDirect retains the right to establish practices and/or limits in connection with the Services. • Neither CX WealthDirect nor the CX WealthDirect Direct site provides any advice regarding insurance.
- As between Client and CX WealthDirect, Client is solely responsible for all financial decisions made by Client, whether made in connection with use of the Service or otherwise.
- CX WealthDirect is not a broker-dealer. Client access to brokerage accounts may be made available to the broker-dealer’s website. Any transactions Client initiates in such brokerage accounts are processed through the broker-dealer where the Client’s account is custodied, not CX WealthDirect.
- CX WealthDirect does not guarantee or warrant that any part of the Service is free of viruses or other harmful code. Client must take appropriate precautions, such as use of an anti-virus software package, to protect his or her computer hardware and software.
- Client is responsible for obtaining his or her own hardware, software and services (such as computers, web browsers and Internet access service) necessary to access and use the Service and for payment of all fees involved in obtaining such hardware, software and services.
- Client shall be solely responsible for safeguarding his or her login credentials such as User Name and Password. Client must immediately notify CX WealthDirect if his or her login credentials are compromised. CX WealthDirect has no liability for any loss, claim, or other damages that result from unreported, unauthorized use of Client's log on credentials.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL CX WEALTHDIRECT BE LIABLE FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE CX WEALTHDIRECT DIRECT SITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE IN THE CX WEALTHDIRECT DIRECT SITE OR THE UNAVAILABILITY OF THE CX WEALTHDIRECT DIRECT SITE. CX WEALTHDIRECT SHALL NOT BE LIABLE EVEN IF CX WEALTHDIRECT OR A CX WEALTHDIRECT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS OR OTHER HARMFUL COMPONENT.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL CX WEALTHDIRECT’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT PAID BY YOU FOR ACCESSING THE CX WEALTHDIRECT DIRECT SITE AND $50.00 USD.
You agree to defend, indemnify and hold harmless CX WealthDirect, its members, affiliates and/or partners, and its and their officers, directors, partners, shareholders agents, licensees and employees from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney's fees that may, at any time, arise out of or relate to your authorized, unauthorized, lawful or unlawful use of the CX WealthDirect Direct site or content therein, your breach of the Terms, as may be modified from time to time in CX WealthDirect's sole discretion, your inability to access the CX WealthDirect Direct site, the use of any linked web sites, your reliance on any errors or omissions in the CX WealthDirect Direct site, or the propagation and/or contraction of any computer virus in connection with your use of the CX WealthDirect Direct site and/or the related content.
Other Terms and Conditions
Client may terminate use of the Service at any time by contacting CX WealthDirect. Once Client has terminated use of the Service, Client will have no further access to the Services and all files retained.
CX WealthDirect may modify or discontinue offering the Services at any time, with or without notice, for any reason or no reason.
The Service may provide links to web sites and include embedded videos that are not operated or hosted by CX WealthDirect. CX WealthDirect provides these links and/or videos for Client's convenience and may be removed at any time. CX WealthDirect does not investigate the quality, accuracy or completeness of any content on third party web sites. Client acknowledges and agrees that CX WealthDirect is not responsible or liable for any content, advertising, products or other materials on or available from third party web sites or embedded videos. Client is responsible for familiarizing his or herself with the content of such third party websites and/or embedded videos, including the applicable privacy policies related thereto. For more information on CX WealthDirect’s privacy policies, please see the CX WealthDirect privacy statement.
If any clause or provision set forth in this Agreement is determined to be illegal, invalid or unenforceable under present or future law, then the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions.