Ownership of Site & Copyright
The Fitzgerald Financial Partners, LLC web site is owned by Fitzgerald Financial Partners, LLC.
The Fitzgerald Financial Partners, LLC web site and any and all accompanying screens, information, materials, user documentation, user interfaces, images, arrangements of information, related software and other proprietary property of Fitzgerald Financial Partners, LLC or its licensors accessible via the web site (collectively hereafter referred to as the “Web Site”) is and shall remain the exclusive property of Fitzgerald Financial Partners, LLC and its licensors, as the case may be.
All rights to the Web Site remain with Fitzgerald Financial Partners, LLC or its licensors.
This site is for your personal and non-commercial use.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from this site.
Links
Fitzgerald Financial Partners, LLC makes no representations whatsoever about the opinions of any third party appearing on a linked site, neither regularly monitors nor has control over the contents of such sites and does not endorse, and disclaims all responsibility for, the content of such statements or websites.
Web Site Electronic Service Agreement
You agree with Fitzgerald Financial Partners, LLC ("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” below 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, select “Cancel,” and you will exit the Site.
In that case you must promptly return to us all materials in your possession that are associated with the Site.
This Agreement applies to all information, content, messages, products, services, software and databases available through the Site.
1) Electronic Services.
We will provide you with certain Web-based account services (the “Electronic Services”). In using the Electronic Services, you shall at all times comply with our Acceptable Use Policy (“AUP”) set forth below, as may be revised by us from time-to-time.
We will provide you with electronic notice, either by e-mail or Web posting, of the revision.
Your continued use of the Electronic Services shall constitute your acceptance of the revision.
2) License Grant.
Subject to the terms and conditions of this Agreement, we grant you a limited, nontransferable, nonexclusive license to access and use the Electronic Services.
3) Third Party Service Providers.
We use third party service providers, vendors, and licensors to assist (including Performance Technologies, Inc.) in providing the Electronic Services (each, a “Third Party Service Provider”).
You hereby consent and authorize us to delegate the authorizations you provide to us to our Third Party Service Provider(s) as we deem necessary or desirable to provide the Electronic Services to you.
You agree that the terms and conditions of this Agreement, including any of the other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement, inure to the benefit of such Third Party Service Providers and such Third Party Service Providers are deemed to be third party beneficiaries of this Agreement, including any other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement.
You also agree that all references to us within this Agreement and any incorporated terms are also deemed to include, where applicable, our agents, such as the Third Party Service Providers.
Your use of certain services provided by Third Party Service Providers (including, but not limited to, account aggregation services provided by Yodlee.com, Inc.) will require your agreement to certain additional terms and conditions provided by the applicable Third Party Service Providers.
These additional terms and conditions will be made available to you when, and if, you access the third party services.
4) Financial Market Information.
No Warranty: Financial Information.
Our Electronic Services make available certain financial market data, quotes, news, research and opinions (including Research Reports, as defined below) or other financial information (collectively “Information”) that has been independently obtained by certain financial market information services, financial publishers, various securities markets including stock exchanges and their affiliates, investment bankers and other providers (collectively the “Information Providers”) or has been obtained by us. We do not guarantee or certify the accuracy, completeness, timeliness or correct sequencing of the Information made available through us, the Information Providers or any other third party transmitting the Information (the “Information Transmitters”). All such Information is provided “as-is” and “as-available.”
You agree that neither we nor any of the Information Providers or the Information Transmitters shall be liable in any way for the accuracy, completeness, timeliness or correct sequencing of the Information, or for any decision made or action taken by you relying upon the Information. You further agree that neither we nor any of the Information Providers or the Information Transmitters will be liable in any way for the interruption of any data, Information or other aspect of the Electronic Services. You understand that none of the Information (including Research Reports) available through the Electronic Services constitutes a recommendation or solicitation that you should purchase or sell any particular security or use the services of any Third-Party Service Provider, including but not limited to Information Providers and Information Transmitters.
5) Research Reports.
The Electronic Services make available analyst research and opinions (“Research Reports”) that may be prepared by an Information Provider or by various third party investment bankers or other entities providing analysis, research and opinions (“Third Party Research Providers”). We do not endorse or approve Research Reports prepared by Third Party Research Providers and only make such Research Reports available to you as a service and convenience.
We and our Third Party Research Providers do not (1) guarantee the accuracy, timeliness, completeness or correct sequencing of the Research Reports, or (2) warrant any results from your use of the Research Reports. The Research Reports have been prepared as of the date indicated and may become unreliable for various reasons including, for example, changes in market or economic circumstances.
All such Research Reports are provided on an “as-is” and “as-available” basis.
We and each of our Research Providers is not obligated to update any information or opinions contained in any Research Report or to continue to offer Information or Research Reports regarding any company or security. You acknowledge that recommendations in the Research Reports to buy, sell, hold, or otherwise consider particular securities are not, and should not be construed as, recommendations or advice to you designed to meet your particular objectives or financial situation. From time to time, we and our Research Providers may be unable to provide Research Reports with respect to certain companies with which we and/or our Research Providers, or their respective affiliates have certain business relationships.
6) Alerts.
We may, from time to time, send email notices about investment markets or particular securities that we believe will be of interest to you (“Alerts”).
Alerts are subject to certain limitations and requirements that are described here and that may be described at the time you subscribe, or we subscribe for you, to a particular Alert. Your subscription or use of any Alert will serve as an acknowledgement that you have read and understood the applicable limitations and conditions. The information in Alerts may be prepared and delivered by Information Providers. The information may be delayed. Neither we nor any Information Provider guarantee the accuracy, completeness, or timeliness of information available through Alerts. Reliability of your receipt of Alerts and their timeliness will also depend on factors outside of our control, including Internet, E-mail, and pager service availability and transmission capabilities. Alerts are not investment recommendations or advice. Any investment decision you make on the basis of Alerts is your sole responsibility. Alerts are sent through unencrypted e-mail, and neither we nor any Information Provider is liable for any unauthorized use or interception. If you subscribe to Alerts, you acknowledge that you have read and understood this notification.
7) Beta Services.
We may designate certain new functionality or services to be made available in connection with the Electronic Services as “Beta Services.” Such Beta Services will not be ready for use in a production environment.
Because they will be at an early stage of development, operation and use of the Beta Services may be unpredictable and lead to erroneous results.
You acknowledge and agree that: (i) the Beta Services will be experimental and will not have been fully tested; (ii) the Beta Services may not meet your requirements; (iii) the use or operation of the Beta Services may not be uninterrupted or error free; (iv) your use of the Beta Services will be for purposes of evaluating and testing the new functionality and services and providing feedback to us; and (v) you shall inform your employees, staff members, and other users regarding the nature of the Beta Services.
Your use of the Beta Services shall be subject to all of the terms and conditions set forth herein relating to the Electronic Services.
You shall promptly report any errors, defects, or other deficiencies in the Beta Services to us. Notwithstanding any other provision of this agreement, all beta services are provided “as-is” and “as-available”, “without warranties of any kind”. You hereby waive any and all claims, now known or later discovered, that you may have against us and our suppliers/licensors arising out of your use of the Beta Services.
8) Disclaimer of Warranties.
The electronic services are provided “as is” and “as available”, with all faults, and without warranty of any kind. We disclaim all warranties, express and implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, quality of information, and title/non-infringement. Use of the electronic services is at your own risk. We do not warrant that the electronic services will meet your requirement, or that the electronic services are compatible with any particular hardware or software platform, or that the operation of the electronic services will be uninterrupted or error-free, or that defects in the electronic services will be corrected. Furthermore, we do not warrant or make any representation regarding the use or the results of the use of electronic services in terms of their correctness, accuracy, quality, reliability, security, appropriateness for a particular task or application, currentness, or otherwise. No oral or written information or advice given by us or our authorized representatives shall create a warranty or in any way increase the scope of our obligation hereunder. The electronic services may be used to access and transfer information over the internet. You acknowledge and agree that we do not operate or control the internet, and that, (1) viruses, worms, trojan horses, or other undesirable data or software, or (2) unauthorized users (i.e., hackers) may attempt to obtain access to and damage your data, websites, computers, or networks. We shall not be responsible for such activities.
9) Agreement Not To Contact Analyst.
You agree not to contact any individual or analyst who is an author of, or who is named on, any Research Report, or any representative of any Information or Research Provider.
10) Arbitration.
You should know the following with respect to arbitration agreements:
(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 National Association of Securities Dealers, the American Arbitration Association or Judicial Arbitration and Mediation Services (JAMS).
Any arbitration conducted pursuant to this Section will take place in Houston, Texas.
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.
11) Securities Professionals May Not Use Research Reports In Their Business.
If you are a securities broker, dealer or investment banker, by requesting or receiving any Research Reports, you agree not to use any such Research Reports for any purpose related to your business.
12) Limitations of Liability & Limitation of Damages.
We, the third party service providers, the information providers, information transmitters, third party research providers, and any other person involved in transmitting information will not be liable under any circumstances for any consequential, incidental, special or indirect damages even if you advise them of the possibility of such damages.
This includes, but is not limited to, claims for lost profits, trading losses and damages that may result from the use, inconvenience, delay or loss of use of the information or for omissions or inaccuracies in the information. As a condition to accessing or receiving the information or using the electronic services, you expressly agree to waive any claim you may have against us, any information provider, third party service provider, or any other persons involved in transmitting any information we make available to you or in providing the electronic services.
By accessing or receiving information or using the electronic services, you agree that our liability and the liability of the third party service providers, the information providers, the third party research providers, or any other persons involved in transmitting information or providing the electronic services arising out any claim (whether in contract, tort or otherwise) in any way connected with the electronic services or information will not exceed the amount you originally paid for the electronic services relate to your claim.
Some jurisdictions do not allow limitation on how long implied warranties last. The exclusion or limitation of incidental or consequential damages or the exclusion of certain implied warranties so that these disclaimers and limitations may not apply to you. This agreement gives you specific legal rights. You may also have other rights which vary from jurisdiction to jurisdiction.
13) No Liability for Events Outside of Entities’ Direct Control.
We, the Information Providers, Information Transmitters, Third Party Research Providers, Third Party Service Providers, and any other person involved in transmitting Information will not be liable for any loss that results from a cause over which that entity does not have direct control. Such causes include, but are not limited to, (1) the failure of electronic or mechanical equipment or communication lines; (2) telephone or other interconnect problems; (3) bugs, errors, configuration problems or the incompatibility of computer hardware or software; (4) the failure or unavailability of Internet access; (5) problems with Internet service providers or other equipment or services relating to your computer or network; (6) problems with intermediate computer or communications networks or facilities; (7) problems with data transmission facilities or your telephone, cable or wireless service; or (8) unauthorized access, theft, operator errors, severe weather, earthquakes, other natural disasters or labor disputes. We are also not responsible for any damage to your computer, software, modem, telephone, wireless device or other property resulting in any way from your use of the Electronic Services.
14) Use of Proprietary Information.
The Information and other content provided in connection with the Electronic Services are our property or the property of the Information or Third Party Research Providers or their licensers, or the Third Party Service Providers, and are protected by applicable copyright law. You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the Information and other content in any manner without our express written consent or the Information or Third Party Research Providers, the Third Party Service Providers, or any other person with the authority to give such consent. You agree that you will not use the Information and other content for any unlawful purpose. You further agree to comply with all our reasonable written requests intended to protect the Information and Third Party Research Providers’, the Third Party Service Providers’, and our respective rights in the Information and Electronic Services.
You will not remove any proprietary notices (e.g., copyright and trademark notices) from any Information or other content provided in connection with the Electronic Services.
15) Access, Passwords, and Security.
You will be responsible for the confidentiality and use of your access number(s), password(s) and account number(s). You agree not to hold us or Third Party Service Providers liable for any damages of any kind resulting from your decision to disclose your access number(s), password(s), or account number(s) to any third party, including but not limited to entities that aggregate account information or Web site content, or persons who are or claim to be acting as your agent, proxy, or investment manager. You will be responsible for all activities through and under your access number(s), password(s) and account number(s), and any instructions (to the extent applicable) received by us will be deemed to have been received from you. By using the Electronic Services, you agree to take all steps necessary to prevent unauthorized access to your account.
You agree immediately to notify us if you become aware of:
any loss or theft of your access number(s), password(s) and/or account number(s); or Any unauthorized use of any of your access number(s), password(s) and/or account number(s), or of the Electronic Services or any Information.
16) Data Transmission.
You acknowledge that data, including e-mail, electronic communications and personal financial data, may be accessed by unauthorized third parties when communicated between you and us, Information Providers or Information Transmitters, using the Internet, other network communications facilities, telephone or any other electronic means. You agree to use software produced by third parties, including, but not limited to, “browser” software that supports a data security protocol compatible with the protocol used by us. Until we notify you otherwise, you agree to use software that supports the Secure Socket Layer (SSL) protocol or other protocols accepted by us and follow our log-on procedures for Electronic Services that support such protocols. You acknowledge that we are not responsible for notifying you of any upgrades, fixes or enhancements to any such software or for any compromise of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet.
17) Indemnification.
You agree to defend, indemnify and hold us, the Third Party Service Providers, the Information Providers and the Information Transmitters harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys’ fees) arising from your violation of this Agreement, state or federal securities laws or regulations, or any third party’s rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of this Agreement.
18) Our Ability to Terminate Electronic Services.
We reserve the right to terminate your access to the Electronic Services or any portion of them (including without limitation, the Information (including Research Reports)) in its sole discretion, without notice and without limitation, for any reason whatsoever.
We may terminate your access to its Electronic Services for reasons including, but not limited to, the unauthorized use of your account access information, breach of this Agreement, discontinuance of our access to any Information or any other data from any Information Provider or Research Provider or termination of one or more agreements between us and Information Providers, Third Party Service Providers, Third Party Research Providers or Information Transmitters.
We and the Third Party Service Providers, the Information Providers, the Third Party Research Providers and the Information Transmitters shall have no liability to you for terminating your access to the Electronic Services; provided, however, that if our termination is without cause, we will refund the pro rata portion of any fee you may have paid for the portion of the Information and/or Electronic Services not furnished to you as of the date of termination. If this Agreement is terminated, you will cease using the Electronic Services and all products, services, Information and content obtained through the Electronic Services.
19) General.
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 Governing Law and Limitation of Actions.
This Agreement shall be construed according to, and the rights of the parties shall be governed by, the law of the State of California, without reference to its conflict of laws rules. 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).
Acceptable Use Policy
1) General.
For purposes of this Acceptable Use Policy (the “Policy”), “Users” means any user of our Web-based services (“Services”).
As specified below, illegal usage, abusive usage, unacceptable usage, and use of the Services to interfere with other Users’ enjoyment of the Services is unacceptable.
From time-to-time, we may update and/or revise this Policy.
Any such updates and/or revisions shall be posted online.
Continued use of the Services by Users shall indicate their acceptance of the updates and/or revisions.
2) Prohibited Uses.
Prohibited uses of the Services include the following:
(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.
3) Remedies.
Violation of this Policy may result in civil or criminal liability, and we may, in addition to any other remedy that we may have at law or in equity, terminate permission for the User to use the Services or immediately remove the offending material.
In addition, we may investigate incidents that are contrary to this Policy and cooperate with law enforcement organizations, and provide requested information to third parties who have provided notice to us stating that they have been harmed by a User’s failure to abide by this Policy. “The materials herein are intended solely for the recipient of the password and neither the materials nor the password may be transmitted (in any form) to any other person without Fitzgerald Financial Partners, LLC'S consent.”
4) Important Information About Procedures For Opening a New Account. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identified each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents.
Electronic Communication
When using this site, you agree not to use E-mail to send messages to Fitzgerald Financial Partners, LLC giving instructions about your account, including, but not limited to, any order to buy or sell any security, contract or financial instrument of any kind, to transfer funds or to transmit any other time-sensitive instructions. Fitzgerald Financial Partners, LLC will not be liable for any act or failure to act based on an E-mail message that you have sent to Fitzgerald Financial Partners, LLC. You agree to assume sole responsibility for any action taken in good faith by Fitzgerald Financial Partners, LLC, based upon any E-mail message received by Fitzgerald Financial Partners, LLC from you. WARNING: All E-mail sent to or from this Website address will be received or otherwise recorded by the Fitzgerald Financial Partners, LLC corporate E-mail system and is subject to archival, monitoring or review by, and/or disclosure to, someone other than the recipient.
1) Use Codes
As part of the registration process, you may be asked to select a user name and password. The user name and password are for your personal use only. You shall at all times maintain the confidentiality of the user name and password and shall not disclose them to any third party. You shall be fully responsible for all statements made and acts or omissions that occur while your user name and password are being used. Fitzgerald Financial Partners, LLC shall not be responsible for any breach of security caused by your failure to maintain the confidentiality of the user name or password. You shall notify your Registered Investment Advisor Representative at Fitzgerald Financial Partners, LLC, immediately in the event of loss, theft, disclosure or unauthorized use of your user name or password. Fitzgerald Financial Partners, LLC may terminate your access to the Services in connection with unauthorized use of your user name or password or at any time without prior notice.
2) Recording
You acknowledge and consent to the tape recording or any form of electronic recording by Fitzgerald Financial Partners, LLC for its uses and purposes of any communication, information or data used or input in connection with your use of the Services, whether electronic or otherwise.
3) Electronic Communication
If you communicate electronically by sending an E-mail message to Fitzgerald Financial Partners, LLC, you shall not use E-mail for the transmission of orders to purchase or sell a security or to transfer funds or securities, or to transmit any personal credit information (including credit card numbers), to give notice of a change of address, or to give any time-sensitive instruction or any instruction affecting any of your account(s) at Fitzgerald Financial Partners, LLC. Fitzgerald Financial Partners, LLC shall have no liability for any actions taken or any omissions to act as a result of any E-mail message sent to Fitzgerald Financial Partners, LLC.
4) Property rights in information and services, suitability and compliance with the law
a) The Services and any Information associated with the Services are for personal, non-commercial use only. You may download the Information to your computer or other electronic data processing equipment and print out a hard copy for personal reference and use by you only. You shall never remove any copyright or other notices contained on any such Information.
b) You acknowledge that the Services and the Information are the property of Fitzgerald Financial Partners or of third-parties that have supplied or licensed information to Fitzgerald Financial Partners, LLC and are protected by applicable copyright, patent, trademark or other intellectual property law. Except as expressly authorized herein, you shall not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate, or commercially exploit any of such Information or any of the Services provided in any manner (including electronic, print or other media now known or hereafter developed) without the prior written consent of Fitzgerald Financial Partners, LLC. You shall not use the Information or Services for any unlawful purpose. You shall comply with any request made by Fitzgerald Financial Partners, LLC for the purpose of protecting rights in the Information and Services.
c) Although the Information includes material about the investment process generally as well as research commentary relating to specific securities, Fitzgerald Financial Partners, LLC does not intend to provide investment advice through the Web Site, does not represent that any such securities are suitable for you or for any particular person and does not through this Web Site recommend the purchase, sale or holding of any securities mentioned in the Information. Any rating assigned by Fitzgerald Financial Partners, LLC to any security represents Fitzgerald Financial Partners, LLC's analysis as of the date of the rating assignment of the likely future performance of the security, and does not constitute a recommendation or guaranty of any kind regarding the actual subsequent market performance of such security. You shall make an independent evaluation of the investment merits and suitability of any such securities for your particular situation. Such Information shall not be deemed to be a solicitation of a transaction by Fitzgerald Financial Partners, LLC or any other person.
The research analyses included in the Information contained on the Web Site reflects the authors' analyses as of the date written. The accuracy, completeness or timeliness of any Information contained on the site cannot be guaranteed and is subject to change, without further notice. Further, the price for any security contained in any section of the Site may differ from the then-current price for that security. Fitzgerald Financial Partners, LLC shall have no obligation to update the Information to reflect circumstances that may occur after the earlier of the date first appearing on the Web Site or the date contained on the Information. Neither the Services nor any of the Information is intended to be used as tax or legal advice. You shall consult with your tax and legal advisors for such advice and shall not rely on any Information at the Web Site.
d) In the event any of the Services or any links included on the Web Site provide access to any World Wide Web site or Internet location or provide information obtained from any company, organization or person other than Fitzgerald Financial Partners, LLC, or any access to any other Internet location, you acknowledge and agree that Fitzgerald Financial Partners, LLC shall not be responsible for any such information or for any information found in or at any such World Wide Web site or Internet location or source of information, or for your use of such information. Such information and links, if any, are provided only as a convenience and not as a result of any endorsement of the site or its contents by Fitzgerald Financial Partners, LLC. There are inherent risks in the use of any software or information found on the Internet, all of which risks are assumed fully by you by making any use of the Services.
e) Transmission or use of any material in violation of this Agreement, or any applicable law, rule or regulation (whether of the United States or other countries), or the rights of any third party is prohibited. This includes, but is not limited to, copyrighted material, material which is defamatory, threatening, obscene, lewd or indecent, material protected by trademark, trade secret or patent laws, or material that results in an invasion of privacy.
5) Warranties and limitation of liability regarding the services
a) The accuracy, completeness, sequence or timliness of the information cannot be guaranteed. Fitzgerald Financial Partners, LLC and it’s affiliates, agents, contractors, suppliers, licensors shall not have any responsibility for direct, indirect, consequential, special, or other damages you may incur for any reliance by you on information contained in the Fitzgerald Financial Partners, LLC’s web site or for the reliability, accuracy, completeness, sequence or timeliness thereof, or for any delays or errors in such information or in the transmission or delivery of any part of the information or services, or for any unauthorized use of E-mail or any other services.
b) Any securities price quotations provided as part of the services may be delayed and may not reflect the prices at which the quoted securities may be bought or sold at that time. No decision to buy or sell securities should be made based on such quotation or on any information accessed on or through our website. Fitzgerald Financial Partners, LLC may modify or discontinue the availability of any services to any person at any time. You agree not to assert any claim against Fitzgerald Financial Partners, LLC or any of its affiliates, contractors, suppliers or licensors for any damages arising from your use of any of the services or from any discontinuation or modification of all or part of the services or information.
c) Except as expressly set forth in this agreement, Fitzgerald Financial Partners, LLC and it affiliates, agents, contractors, suppliers and licensors provide the information with limitation, “as-is” and hereby expressly disclaim all express and implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, and error-free and uninterrupted services. Neither Fitzgerald Financial Partners, LLLC nor its agents, contractors, suppliers or licensors makes or does not warranty, guaranty, or make any representations or warranties whatsoever, express or implied, or assumes any liability whatsoever regarding, (1) the use of the results or the use of the services, including without limitation any financial results based on the use of the services or information or any delay or loss of use of the services, or (2) system performance and effects on or damages to software and hardware in connection with an use of the site, services, and information.
d) In addition to and without limiting the foregoing, you agree that Fitzgerald Financial Partners, LLC shall not be liable for any harm caused by the transmission through the services or information, of a computer virus, or other computer code or programming device that might be used to access, modify, delete, damage, corrupt, deactivate, disable, disrupt, or otherwise impeded in any manner the operation of the services or any software, hardware, data or property of yours or any other person.
e) In addition to and without limiting the foregoing, Fitzgerald Financial Partners, LLC makes no representation or warranty and assumes no liability regarding the quality, safety, accuracy, or suitability of any information or software found on any world wide web or internet site not under Fitzgerald Financial Partners, LLC;s control. Including, but not limited to, any site that may be accessed through a link available on the Fitzgerald Financial Partners, LLC’s web site.
f) Fitzgerald Financial Partners, LLC and its affiliates, agents, suppliers, contractors and licensors shall not be liable for any losses or damages incurred by you or any person utilizing your user name and password related in any way to use of the services and information or for losses caused by the negligence, actions or failure to act of any third person or for any indirect, special, incidental or consequential damages (Regardless of whether such damages are reasonably foreseeable), or for any loss that results from a cause over which Fitzgerald Financial Partners, LLC or any other such entity does not have control, including, but not limited to, failure of electronic or mechanical equipment, unauthorized access, strikes, failures of common carrier or utility systems, severe weather, or other causes beyond Fitzgerald Financial Partners, LL’s control.
6) Confidentiality
You acknowledge that information created, input or developed in connection with the use of the Services can be accessed through the Internet and that there can be no assurance that such information, any Information provided through the Services, or any communication through E-mail will remain secure. Fitzgerald Financial Partners, LLC may disclose such information to its employees, representatives, officers, agents, contractors and affiliates, as well as governmental entities (a) for any purpose related to the conduct of Fitzgerald Financial Partners, LLC's business or to the offering, providing or maintaining of the Services, (b) to comply with applicable rules, orders, subpoenas or other legal process, or in order to give information to any regulatory authority, government agency or official requesting such information, or (c) for any other legitimate business purpose.
7) Governing Law
This Agreement and all the terms herein shall be governed by and construed in accordance with the laws of the State of Nevada without giving effect to principles of conflicts of law.
Resale and/or any commercial redistribution of the Services or Information is not permitted. Your rights and obligations under this Agreement may not be assigned without the prior written permission from Fitzgerald Financial Partners, LLC.
Fitzgerald Financial Partners, LLC may modify this Agreement at any time upon written notice or posting to the Site. If you use the Services (or any of them) after such notification of changes in the Agreement, you shall be bound by all such changes. Should any term or provision of this Agreement be deemed or held to be invalid or unenforceable, the remaining terms and provisions shall continue in full force and effect.
Fitzgerald Financial Partners, LLC's failure to insist at any time upon strict compliance with any term of this Agreement, or any delay or failure on Fitzgerald Financial Partners, LLC's part to exercise any power or right given to Fitzgerald Financial Partners, LLC in this Agreement, or a continued course of such conduct on Fitzgerald Financial Partners, LLC's part, or any combination of the foregoing shall at no time operate as a waiver of such power or right, nor shall any single or partial exercise preclude any other future exercise. All rights and remedies of Fitzgerald Financial Partners, LLC in this Agreement are cumulative and not exclusive of any other rights or remedies which Fitzgerald Financial Partners, LLC otherwise has at law or equity.
8) Indemnification
You hereby agree to indemnify and hold harmless Fitzgerald Financial Partners, LLC and all of its members, directors, officers, employees, control persons, vendors, contractors, suppliers, licensors and agents from and against any and all claims, losses, liabilities, damages, costs and expenses (including reasonable attorney's fees and costs) arising out of or related to your breach of any agreements, representations and warranties contained in this Agreement or the use of the Services or Information under your user name or password (i) in violation of this Agreement, (ii) in violation of any rights of Fitzgerald Financial Partners, LLC or any other person indemnified hereunder, including (but not limited to) copyright, patent, trade secret, trademark, or other intellectual property rights and publicity and privacy rights, or (iii) in violation of any applicable law, rule or regulation, or (iv) in violation of your agreement to maintain the security of your user name and password in accordance with the Agreement. This indemnification shall be binding upon you and your executors, heirs, successors and assigns.
9) Linked Sites
You may access additional information through the accompanying links, subject to these conditions: Such information was not prepared by Fitzgerald Financial Partners, LLC and is not subject to the control of Fitzgerald Financial Partners, LLC. Fitzgerald Financial Partners, LLC shall have no liability for any loss or damage resulting in any manner from such information or from any access to, or use of, such information, whether as to its accuracy, timeliness, currency, sequence, display, usefulness, completeness, suitability for any purpose or otherwise, including (but not limited to) any losses arising from any investment transaction made on the basis of any such information.
10) Disclaimer of warranty and limitation of liability
TDA is a registered trademark of TDA Ameritrade Inc., which is not associated or related to Fitzgerald Financial Partners, LLC. Fitzgerald Financial Partners, LLC is making this service available as a convenience to you. It is not your official account statement or tax reporting document. For those purposes, please refer to your statements and tax forms that are mailed to you from us or are electronically placed into your online vault.
All information downloaded from your bank or brokerage statements is provided "AS IS" without warranty of any kind. Fitzgerald Financial Partners, LLC makes no representations, guarantees or warranties, either express or implied, as to the accuracy, completeness or timeliness of the information and expressly disclaims any warranties of merchantability or fitness for a particular purpose and disclaims any obligation to update or correct any information that may become inaccurate or dated.
By downloading this information, you assume all of the risk associated with using it. Fitzgerald Financial Partners, LLC is not liable for any losses or harm to you and/or any third parties as a result of use of information downloaded including but not limited to, personal or business financial losses, damage to computer hardware, software, or destruction of data due to a virus. In no event will Fitzgerald Financial Partners, LLC, its affiliates, officers, directors, employees, agents, contractors, suppliers, licensors or successors be liable to you for damages of any kind, including, but not limited to, direct, special, indirect, consequential, or incidental damages arising from your use of this information even if you notify Fitzgerald Financial Partners, LLC of such possibility.
11) Margin Disclosure Statement
Fitzgerald Financial Partners, LLC is furnishing this document to you to provide some basic facts about purchasing securities on margin, and to alert you to the risks involved with trading securities in a margin account. Before trading stocks in a margin account, you should carefully review the margin agreement provided by Fitzgerald Financial Partners, LLC. Contact your financial advisor regarding any questions or concerns you may have with your margin account(s).
When you purchase securities, you may pay for the securities in full or you may borrow part of the purchase price from the custodian. If you choose to borrow funds, you will open a margin account with the custodian. The securities purchased are the custodian's collateral for the loan to you. If the securities in your account decline in value, so does the value of the collateral supporting your loan, and, as a result, the custodian can take action, such as issuing a margin call and/or sell securities or other assets in any of your accounts held with the custodian, in order to maintain the required equity in the account.
It is important that you fully understand the risks involved in trading securities on margin. These risks include the following:
1. You can lose more funds than you deposit in the margin account. A decline in the value of securities that are purchased on margin may require you to provide additional funds to the custodian to avoid the forced sale of those securities or other securities or assets in your account(s).
2. The custodian can force the sale of securities or other assets in your account(s). If the equity in your account falls below the maintenance margin requirements or the custodian's higher "house" requirements, the custodian can sell the securities or other assets in any of your accounts held at the custodian to cover the margin deficiency. You also will be responsible for any short fall in the account after such sale.
3. The custodian can sell your securities or other assets without contacting you. Some investors mistakenly believe that the custodian must contact them for a margin call to be valid, and that the custodian cannot liquidate securities or other assets in their accounts to meet the call unless the custodian has contacted them first. This is not the case. The custodian will attempt to notify its customers of margin calls, but they are not required to do so. However, even if the custodian has contacted a customer and provided a specific date by which the customer can meet a margin call, the custodian can still take necessary steps to protect its financial interests, including immediately selling the securities without notice to the customer.
4. You are not entitled to choose which securities or other assets in your account(s) are liquidated or sold to meet a margin call. Because the securities are collateral for the margin loan, the custodian has the right to decide which security to sell in order to protect its interests.
5. The custodian can increase its "house" maintenance margin requirements at any time and is not required to provide you advance written notice. These changes in the custodian's policy often take effect immediately and may result in the issuance of a maintenance margin call. Your failure to satisfy the call may cause the custodian to liquidate or sell securities in your account(s).
6. You are not entitled to an extension of time on a margin call. While an extension of time to meet margin requirements may be available to customers under certain conditions, a customer does not have a right to the extension.
Fitzgerald Financial Partners, L.L.C. (hereafter referred to as "FFP") is a Registered Investment Advisor in the State of Texas. Fitzgerald Financial Partners, LLC is a fee-only financial advisor and money manager. Opinions expressed are solely those of Michael J. Fitzgerald, CPA/PFS, CFP, President of Fitzgerald Financial Partners. The purpose of this site is limited to the dissemination of general information regarding the products and services offered by Fitzgerald Financial Partners. The presence of this site shall not be construed or interpreted as a solicitation to sell, or offer to sell, investment advisory services to residents of any state in which Fitzgerald Financial Partners lacks authority. All information contained in this website is believed to be accurate. Any information provided by links from our website is believed to be from reliable sources but we make no representations as to its accuracy or completeness. Fitzgerald Financial Partners is not responsible for damages incurred as a result of visits to other websites.
Fitzgerald Financial Partners, LLC is an state registered investment advisor firm, registered with the State of Texas and is located in Houston, Texas. Fitzgerald Financial Partners, LLC and its investment advisor representatives are in compliance with the current filing requirements imposed upon state registered investment advisers by those states in which Fitzgerald Financial Partners, LLC maintains clients. Fitzgerald Financial Partners, LLC may only transact business in those states in which it is registered, or qualifies for an exemption or exclusion from registration requirements. Any subsequent, direct communication by Fitzgerald Financial Partners, LLC with a prospective client shall be conducted by a representative that is either registered or qualifies for an exemption or exclusion from registration in the state where the prospective client resides. For information pertaining to the registration status of Fitzgerald Financial Partners, LLC, please contact the State of Texas Securities Board or the state securities regulators for those states in which Fitzgerald Financial Partners, LLC maintains a notice filing. A copy of Fitzgerald Financial Partners, LLC 's current written disclosure statement discussing Fitzgerald Financial Partners, LLC's business operations, services, and fees is available from Fitzgerald Financial Partners, LLC upon written request.
Please remember that different types of investments involve varying degrees of risk, and there can be no assurance that the future performance of any specific investment or investment strategy (including those undertaken or recommended by Fitzgerald Financial Partners, LLC), will be profitable or even equal to any historical performance levels.
Moreover, no client or prospective client should assume that any such discussion serves as the receipt of, or a substitute for, personalized advice from Fitzgerald Financial Partners, LLC, or from any other investment professional. Fitzgerald Financial Partners, LLC is neither an attorney/law firm nor an certified public accounting firm, and no portion of the web site content should be interpreted as legal, accounting or tax advice.
The Fitzgerald Financial Partners, LLC web site is owned by Fitzgerald Financial Partners, LLC.
The Fitzgerald Financial Partners, LLC web site and any and all accompanying screens, information, materials, user documentation, user interfaces, images, arrangements of information, related software and other proprietary property of Fitzgerald Financial Partners, LLC or its licensors accessible via the web site (collectively hereafter referred to as the “Web Site”) is and shall remain the exclusive property of Fitzgerald Financial Partners, LLC and its licensors, as the case may be.
All rights to the Web Site remain with Fitzgerald Financial Partners, LLC or its licensors.
This site is for your personal and non-commercial use.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from this site.
Links
Fitzgerald Financial Partners, LLC makes no representations whatsoever about the opinions of any third party appearing on a linked site, neither regularly monitors nor has control over the contents of such sites and does not endorse, and disclaims all responsibility for, the content of such statements or websites.
Web Site Electronic Service Agreement
You agree with Fitzgerald Financial Partners, LLC ("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” below 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, select “Cancel,” and you will exit the Site.
In that case you must promptly return to us all materials in your possession that are associated with the Site.
This Agreement applies to all information, content, messages, products, services, software and databases available through the Site.
1) Electronic Services.
We will provide you with certain Web-based account services (the “Electronic Services”). In using the Electronic Services, you shall at all times comply with our Acceptable Use Policy (“AUP”) set forth below, as may be revised by us from time-to-time.
We will provide you with electronic notice, either by e-mail or Web posting, of the revision.
Your continued use of the Electronic Services shall constitute your acceptance of the revision.
2) License Grant.
Subject to the terms and conditions of this Agreement, we grant you a limited, nontransferable, nonexclusive license to access and use the Electronic Services.
3) Third Party Service Providers.
We use third party service providers, vendors, and licensors to assist (including Performance Technologies, Inc.) in providing the Electronic Services (each, a “Third Party Service Provider”).
You hereby consent and authorize us to delegate the authorizations you provide to us to our Third Party Service Provider(s) as we deem necessary or desirable to provide the Electronic Services to you.
You agree that the terms and conditions of this Agreement, including any of the other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement, inure to the benefit of such Third Party Service Providers and such Third Party Service Providers are deemed to be third party beneficiaries of this Agreement, including any other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement.
You also agree that all references to us within this Agreement and any incorporated terms are also deemed to include, where applicable, our agents, such as the Third Party Service Providers.
Your use of certain services provided by Third Party Service Providers (including, but not limited to, account aggregation services provided by Yodlee.com, Inc.) will require your agreement to certain additional terms and conditions provided by the applicable Third Party Service Providers.
These additional terms and conditions will be made available to you when, and if, you access the third party services.
4) Financial Market Information.
No Warranty: Financial Information.
Our Electronic Services make available certain financial market data, quotes, news, research and opinions (including Research Reports, as defined below) or other financial information (collectively “Information”) that has been independently obtained by certain financial market information services, financial publishers, various securities markets including stock exchanges and their affiliates, investment bankers and other providers (collectively the “Information Providers”) or has been obtained by us. We do not guarantee or certify the accuracy, completeness, timeliness or correct sequencing of the Information made available through us, the Information Providers or any other third party transmitting the Information (the “Information Transmitters”). All such Information is provided “as-is” and “as-available.”
You agree that neither we nor any of the Information Providers or the Information Transmitters shall be liable in any way for the accuracy, completeness, timeliness or correct sequencing of the Information, or for any decision made or action taken by you relying upon the Information. You further agree that neither we nor any of the Information Providers or the Information Transmitters will be liable in any way for the interruption of any data, Information or other aspect of the Electronic Services. You understand that none of the Information (including Research Reports) available through the Electronic Services constitutes a recommendation or solicitation that you should purchase or sell any particular security or use the services of any Third-Party Service Provider, including but not limited to Information Providers and Information Transmitters.
5) Research Reports.
The Electronic Services make available analyst research and opinions (“Research Reports”) that may be prepared by an Information Provider or by various third party investment bankers or other entities providing analysis, research and opinions (“Third Party Research Providers”). We do not endorse or approve Research Reports prepared by Third Party Research Providers and only make such Research Reports available to you as a service and convenience.
We and our Third Party Research Providers do not (1) guarantee the accuracy, timeliness, completeness or correct sequencing of the Research Reports, or (2) warrant any results from your use of the Research Reports. The Research Reports have been prepared as of the date indicated and may become unreliable for various reasons including, for example, changes in market or economic circumstances.
All such Research Reports are provided on an “as-is” and “as-available” basis.
We and each of our Research Providers is not obligated to update any information or opinions contained in any Research Report or to continue to offer Information or Research Reports regarding any company or security. You acknowledge that recommendations in the Research Reports to buy, sell, hold, or otherwise consider particular securities are not, and should not be construed as, recommendations or advice to you designed to meet your particular objectives or financial situation. From time to time, we and our Research Providers may be unable to provide Research Reports with respect to certain companies with which we and/or our Research Providers, or their respective affiliates have certain business relationships.
6) Alerts.
We may, from time to time, send email notices about investment markets or particular securities that we believe will be of interest to you (“Alerts”).
Alerts are subject to certain limitations and requirements that are described here and that may be described at the time you subscribe, or we subscribe for you, to a particular Alert. Your subscription or use of any Alert will serve as an acknowledgement that you have read and understood the applicable limitations and conditions. The information in Alerts may be prepared and delivered by Information Providers. The information may be delayed. Neither we nor any Information Provider guarantee the accuracy, completeness, or timeliness of information available through Alerts. Reliability of your receipt of Alerts and their timeliness will also depend on factors outside of our control, including Internet, E-mail, and pager service availability and transmission capabilities. Alerts are not investment recommendations or advice. Any investment decision you make on the basis of Alerts is your sole responsibility. Alerts are sent through unencrypted e-mail, and neither we nor any Information Provider is liable for any unauthorized use or interception. If you subscribe to Alerts, you acknowledge that you have read and understood this notification.
7) Beta Services.
We may designate certain new functionality or services to be made available in connection with the Electronic Services as “Beta Services.” Such Beta Services will not be ready for use in a production environment.
Because they will be at an early stage of development, operation and use of the Beta Services may be unpredictable and lead to erroneous results.
You acknowledge and agree that: (i) the Beta Services will be experimental and will not have been fully tested; (ii) the Beta Services may not meet your requirements; (iii) the use or operation of the Beta Services may not be uninterrupted or error free; (iv) your use of the Beta Services will be for purposes of evaluating and testing the new functionality and services and providing feedback to us; and (v) you shall inform your employees, staff members, and other users regarding the nature of the Beta Services.
Your use of the Beta Services shall be subject to all of the terms and conditions set forth herein relating to the Electronic Services.
You shall promptly report any errors, defects, or other deficiencies in the Beta Services to us. Notwithstanding any other provision of this agreement, all beta services are provided “as-is” and “as-available”, “without warranties of any kind”. You hereby waive any and all claims, now known or later discovered, that you may have against us and our suppliers/licensors arising out of your use of the Beta Services.
8) Disclaimer of Warranties.
The electronic services are provided “as is” and “as available”, with all faults, and without warranty of any kind. We disclaim all warranties, express and implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, quality of information, and title/non-infringement. Use of the electronic services is at your own risk. We do not warrant that the electronic services will meet your requirement, or that the electronic services are compatible with any particular hardware or software platform, or that the operation of the electronic services will be uninterrupted or error-free, or that defects in the electronic services will be corrected. Furthermore, we do not warrant or make any representation regarding the use or the results of the use of electronic services in terms of their correctness, accuracy, quality, reliability, security, appropriateness for a particular task or application, currentness, or otherwise. No oral or written information or advice given by us or our authorized representatives shall create a warranty or in any way increase the scope of our obligation hereunder. The electronic services may be used to access and transfer information over the internet. You acknowledge and agree that we do not operate or control the internet, and that, (1) viruses, worms, trojan horses, or other undesirable data or software, or (2) unauthorized users (i.e., hackers) may attempt to obtain access to and damage your data, websites, computers, or networks. We shall not be responsible for such activities.
9) Agreement Not To Contact Analyst.
You agree not to contact any individual or analyst who is an author of, or who is named on, any Research Report, or any representative of any Information or Research Provider.
10) Arbitration.
You should know the following with respect to arbitration agreements:
(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 National Association of Securities Dealers, the American Arbitration Association or Judicial Arbitration and Mediation Services (JAMS).
Any arbitration conducted pursuant to this Section will take place in Houston, Texas.
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.
11) Securities Professionals May Not Use Research Reports In Their Business.
If you are a securities broker, dealer or investment banker, by requesting or receiving any Research Reports, you agree not to use any such Research Reports for any purpose related to your business.
12) Limitations of Liability & Limitation of Damages.
We, the third party service providers, the information providers, information transmitters, third party research providers, and any other person involved in transmitting information will not be liable under any circumstances for any consequential, incidental, special or indirect damages even if you advise them of the possibility of such damages.
This includes, but is not limited to, claims for lost profits, trading losses and damages that may result from the use, inconvenience, delay or loss of use of the information or for omissions or inaccuracies in the information. As a condition to accessing or receiving the information or using the electronic services, you expressly agree to waive any claim you may have against us, any information provider, third party service provider, or any other persons involved in transmitting any information we make available to you or in providing the electronic services.
By accessing or receiving information or using the electronic services, you agree that our liability and the liability of the third party service providers, the information providers, the third party research providers, or any other persons involved in transmitting information or providing the electronic services arising out any claim (whether in contract, tort or otherwise) in any way connected with the electronic services or information will not exceed the amount you originally paid for the electronic services relate to your claim.
Some jurisdictions do not allow limitation on how long implied warranties last. The exclusion or limitation of incidental or consequential damages or the exclusion of certain implied warranties so that these disclaimers and limitations may not apply to you. This agreement gives you specific legal rights. You may also have other rights which vary from jurisdiction to jurisdiction.
13) No Liability for Events Outside of Entities’ Direct Control.
We, the Information Providers, Information Transmitters, Third Party Research Providers, Third Party Service Providers, and any other person involved in transmitting Information will not be liable for any loss that results from a cause over which that entity does not have direct control. Such causes include, but are not limited to, (1) the failure of electronic or mechanical equipment or communication lines; (2) telephone or other interconnect problems; (3) bugs, errors, configuration problems or the incompatibility of computer hardware or software; (4) the failure or unavailability of Internet access; (5) problems with Internet service providers or other equipment or services relating to your computer or network; (6) problems with intermediate computer or communications networks or facilities; (7) problems with data transmission facilities or your telephone, cable or wireless service; or (8) unauthorized access, theft, operator errors, severe weather, earthquakes, other natural disasters or labor disputes. We are also not responsible for any damage to your computer, software, modem, telephone, wireless device or other property resulting in any way from your use of the Electronic Services.
14) Use of Proprietary Information.
The Information and other content provided in connection with the Electronic Services are our property or the property of the Information or Third Party Research Providers or their licensers, or the Third Party Service Providers, and are protected by applicable copyright law. You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the Information and other content in any manner without our express written consent or the Information or Third Party Research Providers, the Third Party Service Providers, or any other person with the authority to give such consent. You agree that you will not use the Information and other content for any unlawful purpose. You further agree to comply with all our reasonable written requests intended to protect the Information and Third Party Research Providers’, the Third Party Service Providers’, and our respective rights in the Information and Electronic Services.
You will not remove any proprietary notices (e.g., copyright and trademark notices) from any Information or other content provided in connection with the Electronic Services.
15) Access, Passwords, and Security.
You will be responsible for the confidentiality and use of your access number(s), password(s) and account number(s). You agree not to hold us or Third Party Service Providers liable for any damages of any kind resulting from your decision to disclose your access number(s), password(s), or account number(s) to any third party, including but not limited to entities that aggregate account information or Web site content, or persons who are or claim to be acting as your agent, proxy, or investment manager. You will be responsible for all activities through and under your access number(s), password(s) and account number(s), and any instructions (to the extent applicable) received by us will be deemed to have been received from you. By using the Electronic Services, you agree to take all steps necessary to prevent unauthorized access to your account.
You agree immediately to notify us if you become aware of:
any loss or theft of your access number(s), password(s) and/or account number(s); or Any unauthorized use of any of your access number(s), password(s) and/or account number(s), or of the Electronic Services or any Information.
16) Data Transmission.
You acknowledge that data, including e-mail, electronic communications and personal financial data, may be accessed by unauthorized third parties when communicated between you and us, Information Providers or Information Transmitters, using the Internet, other network communications facilities, telephone or any other electronic means. You agree to use software produced by third parties, including, but not limited to, “browser” software that supports a data security protocol compatible with the protocol used by us. Until we notify you otherwise, you agree to use software that supports the Secure Socket Layer (SSL) protocol or other protocols accepted by us and follow our log-on procedures for Electronic Services that support such protocols. You acknowledge that we are not responsible for notifying you of any upgrades, fixes or enhancements to any such software or for any compromise of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet.
17) Indemnification.
You agree to defend, indemnify and hold us, the Third Party Service Providers, the Information Providers and the Information Transmitters harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys’ fees) arising from your violation of this Agreement, state or federal securities laws or regulations, or any third party’s rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of this Agreement.
18) Our Ability to Terminate Electronic Services.
We reserve the right to terminate your access to the Electronic Services or any portion of them (including without limitation, the Information (including Research Reports)) in its sole discretion, without notice and without limitation, for any reason whatsoever.
We may terminate your access to its Electronic Services for reasons including, but not limited to, the unauthorized use of your account access information, breach of this Agreement, discontinuance of our access to any Information or any other data from any Information Provider or Research Provider or termination of one or more agreements between us and Information Providers, Third Party Service Providers, Third Party Research Providers or Information Transmitters.
We and the Third Party Service Providers, the Information Providers, the Third Party Research Providers and the Information Transmitters shall have no liability to you for terminating your access to the Electronic Services; provided, however, that if our termination is without cause, we will refund the pro rata portion of any fee you may have paid for the portion of the Information and/or Electronic Services not furnished to you as of the date of termination. If this Agreement is terminated, you will cease using the Electronic Services and all products, services, Information and content obtained through the Electronic Services.
19) General.
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 Governing Law and Limitation of Actions.
This Agreement shall be construed according to, and the rights of the parties shall be governed by, the law of the State of California, without reference to its conflict of laws rules. 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).
Acceptable Use Policy
1) General.
For purposes of this Acceptable Use Policy (the “Policy”), “Users” means any user of our Web-based services (“Services”).
As specified below, illegal usage, abusive usage, unacceptable usage, and use of the Services to interfere with other Users’ enjoyment of the Services is unacceptable.
From time-to-time, we may update and/or revise this Policy.
Any such updates and/or revisions shall be posted online.
Continued use of the Services by Users shall indicate their acceptance of the updates and/or revisions.
2) Prohibited Uses.
Prohibited uses of the Services include the following:
(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.
3) Remedies.
Violation of this Policy may result in civil or criminal liability, and we may, in addition to any other remedy that we may have at law or in equity, terminate permission for the User to use the Services or immediately remove the offending material.
In addition, we may investigate incidents that are contrary to this Policy and cooperate with law enforcement organizations, and provide requested information to third parties who have provided notice to us stating that they have been harmed by a User’s failure to abide by this Policy. “The materials herein are intended solely for the recipient of the password and neither the materials nor the password may be transmitted (in any form) to any other person without Fitzgerald Financial Partners, LLC'S consent.”
4) Important Information About Procedures For Opening a New Account. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identified each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents.
Electronic Communication
When using this site, you agree not to use E-mail to send messages to Fitzgerald Financial Partners, LLC giving instructions about your account, including, but not limited to, any order to buy or sell any security, contract or financial instrument of any kind, to transfer funds or to transmit any other time-sensitive instructions. Fitzgerald Financial Partners, LLC will not be liable for any act or failure to act based on an E-mail message that you have sent to Fitzgerald Financial Partners, LLC. You agree to assume sole responsibility for any action taken in good faith by Fitzgerald Financial Partners, LLC, based upon any E-mail message received by Fitzgerald Financial Partners, LLC from you. WARNING: All E-mail sent to or from this Website address will be received or otherwise recorded by the Fitzgerald Financial Partners, LLC corporate E-mail system and is subject to archival, monitoring or review by, and/or disclosure to, someone other than the recipient.
1) Use Codes
As part of the registration process, you may be asked to select a user name and password. The user name and password are for your personal use only. You shall at all times maintain the confidentiality of the user name and password and shall not disclose them to any third party. You shall be fully responsible for all statements made and acts or omissions that occur while your user name and password are being used. Fitzgerald Financial Partners, LLC shall not be responsible for any breach of security caused by your failure to maintain the confidentiality of the user name or password. You shall notify your Registered Investment Advisor Representative at Fitzgerald Financial Partners, LLC, immediately in the event of loss, theft, disclosure or unauthorized use of your user name or password. Fitzgerald Financial Partners, LLC may terminate your access to the Services in connection with unauthorized use of your user name or password or at any time without prior notice.
2) Recording
You acknowledge and consent to the tape recording or any form of electronic recording by Fitzgerald Financial Partners, LLC for its uses and purposes of any communication, information or data used or input in connection with your use of the Services, whether electronic or otherwise.
3) Electronic Communication
If you communicate electronically by sending an E-mail message to Fitzgerald Financial Partners, LLC, you shall not use E-mail for the transmission of orders to purchase or sell a security or to transfer funds or securities, or to transmit any personal credit information (including credit card numbers), to give notice of a change of address, or to give any time-sensitive instruction or any instruction affecting any of your account(s) at Fitzgerald Financial Partners, LLC. Fitzgerald Financial Partners, LLC shall have no liability for any actions taken or any omissions to act as a result of any E-mail message sent to Fitzgerald Financial Partners, LLC.
4) Property rights in information and services, suitability and compliance with the law
a) The Services and any Information associated with the Services are for personal, non-commercial use only. You may download the Information to your computer or other electronic data processing equipment and print out a hard copy for personal reference and use by you only. You shall never remove any copyright or other notices contained on any such Information.
b) You acknowledge that the Services and the Information are the property of Fitzgerald Financial Partners or of third-parties that have supplied or licensed information to Fitzgerald Financial Partners, LLC and are protected by applicable copyright, patent, trademark or other intellectual property law. Except as expressly authorized herein, you shall not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate, or commercially exploit any of such Information or any of the Services provided in any manner (including electronic, print or other media now known or hereafter developed) without the prior written consent of Fitzgerald Financial Partners, LLC. You shall not use the Information or Services for any unlawful purpose. You shall comply with any request made by Fitzgerald Financial Partners, LLC for the purpose of protecting rights in the Information and Services.
c) Although the Information includes material about the investment process generally as well as research commentary relating to specific securities, Fitzgerald Financial Partners, LLC does not intend to provide investment advice through the Web Site, does not represent that any such securities are suitable for you or for any particular person and does not through this Web Site recommend the purchase, sale or holding of any securities mentioned in the Information. Any rating assigned by Fitzgerald Financial Partners, LLC to any security represents Fitzgerald Financial Partners, LLC's analysis as of the date of the rating assignment of the likely future performance of the security, and does not constitute a recommendation or guaranty of any kind regarding the actual subsequent market performance of such security. You shall make an independent evaluation of the investment merits and suitability of any such securities for your particular situation. Such Information shall not be deemed to be a solicitation of a transaction by Fitzgerald Financial Partners, LLC or any other person.
The research analyses included in the Information contained on the Web Site reflects the authors' analyses as of the date written. The accuracy, completeness or timeliness of any Information contained on the site cannot be guaranteed and is subject to change, without further notice. Further, the price for any security contained in any section of the Site may differ from the then-current price for that security. Fitzgerald Financial Partners, LLC shall have no obligation to update the Information to reflect circumstances that may occur after the earlier of the date first appearing on the Web Site or the date contained on the Information. Neither the Services nor any of the Information is intended to be used as tax or legal advice. You shall consult with your tax and legal advisors for such advice and shall not rely on any Information at the Web Site.
d) In the event any of the Services or any links included on the Web Site provide access to any World Wide Web site or Internet location or provide information obtained from any company, organization or person other than Fitzgerald Financial Partners, LLC, or any access to any other Internet location, you acknowledge and agree that Fitzgerald Financial Partners, LLC shall not be responsible for any such information or for any information found in or at any such World Wide Web site or Internet location or source of information, or for your use of such information. Such information and links, if any, are provided only as a convenience and not as a result of any endorsement of the site or its contents by Fitzgerald Financial Partners, LLC. There are inherent risks in the use of any software or information found on the Internet, all of which risks are assumed fully by you by making any use of the Services.
e) Transmission or use of any material in violation of this Agreement, or any applicable law, rule or regulation (whether of the United States or other countries), or the rights of any third party is prohibited. This includes, but is not limited to, copyrighted material, material which is defamatory, threatening, obscene, lewd or indecent, material protected by trademark, trade secret or patent laws, or material that results in an invasion of privacy.
5) Warranties and limitation of liability regarding the services
a) The accuracy, completeness, sequence or timliness of the information cannot be guaranteed. Fitzgerald Financial Partners, LLC and it’s affiliates, agents, contractors, suppliers, licensors shall not have any responsibility for direct, indirect, consequential, special, or other damages you may incur for any reliance by you on information contained in the Fitzgerald Financial Partners, LLC’s web site or for the reliability, accuracy, completeness, sequence or timeliness thereof, or for any delays or errors in such information or in the transmission or delivery of any part of the information or services, or for any unauthorized use of E-mail or any other services.
b) Any securities price quotations provided as part of the services may be delayed and may not reflect the prices at which the quoted securities may be bought or sold at that time. No decision to buy or sell securities should be made based on such quotation or on any information accessed on or through our website. Fitzgerald Financial Partners, LLC may modify or discontinue the availability of any services to any person at any time. You agree not to assert any claim against Fitzgerald Financial Partners, LLC or any of its affiliates, contractors, suppliers or licensors for any damages arising from your use of any of the services or from any discontinuation or modification of all or part of the services or information.
c) Except as expressly set forth in this agreement, Fitzgerald Financial Partners, LLC and it affiliates, agents, contractors, suppliers and licensors provide the information with limitation, “as-is” and hereby expressly disclaim all express and implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, and error-free and uninterrupted services. Neither Fitzgerald Financial Partners, LLLC nor its agents, contractors, suppliers or licensors makes or does not warranty, guaranty, or make any representations or warranties whatsoever, express or implied, or assumes any liability whatsoever regarding, (1) the use of the results or the use of the services, including without limitation any financial results based on the use of the services or information or any delay or loss of use of the services, or (2) system performance and effects on or damages to software and hardware in connection with an use of the site, services, and information.
d) In addition to and without limiting the foregoing, you agree that Fitzgerald Financial Partners, LLC shall not be liable for any harm caused by the transmission through the services or information, of a computer virus, or other computer code or programming device that might be used to access, modify, delete, damage, corrupt, deactivate, disable, disrupt, or otherwise impeded in any manner the operation of the services or any software, hardware, data or property of yours or any other person.
e) In addition to and without limiting the foregoing, Fitzgerald Financial Partners, LLC makes no representation or warranty and assumes no liability regarding the quality, safety, accuracy, or suitability of any information or software found on any world wide web or internet site not under Fitzgerald Financial Partners, LLC;s control. Including, but not limited to, any site that may be accessed through a link available on the Fitzgerald Financial Partners, LLC’s web site.
f) Fitzgerald Financial Partners, LLC and its affiliates, agents, suppliers, contractors and licensors shall not be liable for any losses or damages incurred by you or any person utilizing your user name and password related in any way to use of the services and information or for losses caused by the negligence, actions or failure to act of any third person or for any indirect, special, incidental or consequential damages (Regardless of whether such damages are reasonably foreseeable), or for any loss that results from a cause over which Fitzgerald Financial Partners, LLC or any other such entity does not have control, including, but not limited to, failure of electronic or mechanical equipment, unauthorized access, strikes, failures of common carrier or utility systems, severe weather, or other causes beyond Fitzgerald Financial Partners, LL’s control.
6) Confidentiality
You acknowledge that information created, input or developed in connection with the use of the Services can be accessed through the Internet and that there can be no assurance that such information, any Information provided through the Services, or any communication through E-mail will remain secure. Fitzgerald Financial Partners, LLC may disclose such information to its employees, representatives, officers, agents, contractors and affiliates, as well as governmental entities (a) for any purpose related to the conduct of Fitzgerald Financial Partners, LLC's business or to the offering, providing or maintaining of the Services, (b) to comply with applicable rules, orders, subpoenas or other legal process, or in order to give information to any regulatory authority, government agency or official requesting such information, or (c) for any other legitimate business purpose.
7) Governing Law
This Agreement and all the terms herein shall be governed by and construed in accordance with the laws of the State of Nevada without giving effect to principles of conflicts of law.
Resale and/or any commercial redistribution of the Services or Information is not permitted. Your rights and obligations under this Agreement may not be assigned without the prior written permission from Fitzgerald Financial Partners, LLC.
Fitzgerald Financial Partners, LLC may modify this Agreement at any time upon written notice or posting to the Site. If you use the Services (or any of them) after such notification of changes in the Agreement, you shall be bound by all such changes. Should any term or provision of this Agreement be deemed or held to be invalid or unenforceable, the remaining terms and provisions shall continue in full force and effect.
Fitzgerald Financial Partners, LLC's failure to insist at any time upon strict compliance with any term of this Agreement, or any delay or failure on Fitzgerald Financial Partners, LLC's part to exercise any power or right given to Fitzgerald Financial Partners, LLC in this Agreement, or a continued course of such conduct on Fitzgerald Financial Partners, LLC's part, or any combination of the foregoing shall at no time operate as a waiver of such power or right, nor shall any single or partial exercise preclude any other future exercise. All rights and remedies of Fitzgerald Financial Partners, LLC in this Agreement are cumulative and not exclusive of any other rights or remedies which Fitzgerald Financial Partners, LLC otherwise has at law or equity.
8) Indemnification
You hereby agree to indemnify and hold harmless Fitzgerald Financial Partners, LLC and all of its members, directors, officers, employees, control persons, vendors, contractors, suppliers, licensors and agents from and against any and all claims, losses, liabilities, damages, costs and expenses (including reasonable attorney's fees and costs) arising out of or related to your breach of any agreements, representations and warranties contained in this Agreement or the use of the Services or Information under your user name or password (i) in violation of this Agreement, (ii) in violation of any rights of Fitzgerald Financial Partners, LLC or any other person indemnified hereunder, including (but not limited to) copyright, patent, trade secret, trademark, or other intellectual property rights and publicity and privacy rights, or (iii) in violation of any applicable law, rule or regulation, or (iv) in violation of your agreement to maintain the security of your user name and password in accordance with the Agreement. This indemnification shall be binding upon you and your executors, heirs, successors and assigns.
9) Linked Sites
You may access additional information through the accompanying links, subject to these conditions: Such information was not prepared by Fitzgerald Financial Partners, LLC and is not subject to the control of Fitzgerald Financial Partners, LLC. Fitzgerald Financial Partners, LLC shall have no liability for any loss or damage resulting in any manner from such information or from any access to, or use of, such information, whether as to its accuracy, timeliness, currency, sequence, display, usefulness, completeness, suitability for any purpose or otherwise, including (but not limited to) any losses arising from any investment transaction made on the basis of any such information.
10) Disclaimer of warranty and limitation of liability
TDA is a registered trademark of TDA Ameritrade Inc., which is not associated or related to Fitzgerald Financial Partners, LLC. Fitzgerald Financial Partners, LLC is making this service available as a convenience to you. It is not your official account statement or tax reporting document. For those purposes, please refer to your statements and tax forms that are mailed to you from us or are electronically placed into your online vault.
All information downloaded from your bank or brokerage statements is provided "AS IS" without warranty of any kind. Fitzgerald Financial Partners, LLC makes no representations, guarantees or warranties, either express or implied, as to the accuracy, completeness or timeliness of the information and expressly disclaims any warranties of merchantability or fitness for a particular purpose and disclaims any obligation to update or correct any information that may become inaccurate or dated.
By downloading this information, you assume all of the risk associated with using it. Fitzgerald Financial Partners, LLC is not liable for any losses or harm to you and/or any third parties as a result of use of information downloaded including but not limited to, personal or business financial losses, damage to computer hardware, software, or destruction of data due to a virus. In no event will Fitzgerald Financial Partners, LLC, its affiliates, officers, directors, employees, agents, contractors, suppliers, licensors or successors be liable to you for damages of any kind, including, but not limited to, direct, special, indirect, consequential, or incidental damages arising from your use of this information even if you notify Fitzgerald Financial Partners, LLC of such possibility.
11) Margin Disclosure Statement
Fitzgerald Financial Partners, LLC is furnishing this document to you to provide some basic facts about purchasing securities on margin, and to alert you to the risks involved with trading securities in a margin account. Before trading stocks in a margin account, you should carefully review the margin agreement provided by Fitzgerald Financial Partners, LLC. Contact your financial advisor regarding any questions or concerns you may have with your margin account(s).
When you purchase securities, you may pay for the securities in full or you may borrow part of the purchase price from the custodian. If you choose to borrow funds, you will open a margin account with the custodian. The securities purchased are the custodian's collateral for the loan to you. If the securities in your account decline in value, so does the value of the collateral supporting your loan, and, as a result, the custodian can take action, such as issuing a margin call and/or sell securities or other assets in any of your accounts held with the custodian, in order to maintain the required equity in the account.
It is important that you fully understand the risks involved in trading securities on margin. These risks include the following:
1. You can lose more funds than you deposit in the margin account. A decline in the value of securities that are purchased on margin may require you to provide additional funds to the custodian to avoid the forced sale of those securities or other securities or assets in your account(s).
2. The custodian can force the sale of securities or other assets in your account(s). If the equity in your account falls below the maintenance margin requirements or the custodian's higher "house" requirements, the custodian can sell the securities or other assets in any of your accounts held at the custodian to cover the margin deficiency. You also will be responsible for any short fall in the account after such sale.
3. The custodian can sell your securities or other assets without contacting you. Some investors mistakenly believe that the custodian must contact them for a margin call to be valid, and that the custodian cannot liquidate securities or other assets in their accounts to meet the call unless the custodian has contacted them first. This is not the case. The custodian will attempt to notify its customers of margin calls, but they are not required to do so. However, even if the custodian has contacted a customer and provided a specific date by which the customer can meet a margin call, the custodian can still take necessary steps to protect its financial interests, including immediately selling the securities without notice to the customer.
4. You are not entitled to choose which securities or other assets in your account(s) are liquidated or sold to meet a margin call. Because the securities are collateral for the margin loan, the custodian has the right to decide which security to sell in order to protect its interests.
5. The custodian can increase its "house" maintenance margin requirements at any time and is not required to provide you advance written notice. These changes in the custodian's policy often take effect immediately and may result in the issuance of a maintenance margin call. Your failure to satisfy the call may cause the custodian to liquidate or sell securities in your account(s).
6. You are not entitled to an extension of time on a margin call. While an extension of time to meet margin requirements may be available to customers under certain conditions, a customer does not have a right to the extension.
Fitzgerald Financial Partners, L.L.C. (hereafter referred to as "FFP") is a Registered Investment Advisor in the State of Texas. Fitzgerald Financial Partners, LLC is a fee-only financial advisor and money manager. Opinions expressed are solely those of Michael J. Fitzgerald, CPA/PFS, CFP, President of Fitzgerald Financial Partners. The purpose of this site is limited to the dissemination of general information regarding the products and services offered by Fitzgerald Financial Partners. The presence of this site shall not be construed or interpreted as a solicitation to sell, or offer to sell, investment advisory services to residents of any state in which Fitzgerald Financial Partners lacks authority. All information contained in this website is believed to be accurate. Any information provided by links from our website is believed to be from reliable sources but we make no representations as to its accuracy or completeness. Fitzgerald Financial Partners is not responsible for damages incurred as a result of visits to other websites.
Fitzgerald Financial Partners, LLC is an state registered investment advisor firm, registered with the State of Texas and is located in Houston, Texas. Fitzgerald Financial Partners, LLC and its investment advisor representatives are in compliance with the current filing requirements imposed upon state registered investment advisers by those states in which Fitzgerald Financial Partners, LLC maintains clients. Fitzgerald Financial Partners, LLC may only transact business in those states in which it is registered, or qualifies for an exemption or exclusion from registration requirements. Any subsequent, direct communication by Fitzgerald Financial Partners, LLC with a prospective client shall be conducted by a representative that is either registered or qualifies for an exemption or exclusion from registration in the state where the prospective client resides. For information pertaining to the registration status of Fitzgerald Financial Partners, LLC, please contact the State of Texas Securities Board or the state securities regulators for those states in which Fitzgerald Financial Partners, LLC maintains a notice filing. A copy of Fitzgerald Financial Partners, LLC 's current written disclosure statement discussing Fitzgerald Financial Partners, LLC's business operations, services, and fees is available from Fitzgerald Financial Partners, LLC upon written request.
Please remember that different types of investments involve varying degrees of risk, and there can be no assurance that the future performance of any specific investment or investment strategy (including those undertaken or recommended by Fitzgerald Financial Partners, LLC), will be profitable or even equal to any historical performance levels.
Moreover, no client or prospective client should assume that any such discussion serves as the receipt of, or a substitute for, personalized advice from Fitzgerald Financial Partners, LLC, or from any other investment professional. Fitzgerald Financial Partners, LLC is neither an attorney/law firm nor an certified public accounting firm, and no portion of the web site content should be interpreted as legal, accounting or tax advice.
