Disclosures and Terms of Service
Legal Disclosures. CapTrust Financial Advisors is affiliated with McDonald Partners, LLC, a registered investment adviser with the United States Securities and Exchange Commission (“SEC”). Any reference to or use of the terms “registered investment adviser” or “registered,” does not imply that McDonald Partners or any person associated with McDonald Partners or CapTrust Financial Advisors has achieved a certain level of skill or training. We may only transact business or render personalized investment advice in those states and international jurisdictions where we are registered, notice filed, or where we qualify for an exemption or exclusion from registration requirements. The purpose of this Website is to provide general information on our products and services only and should not be construed as a solicitation to effect, or attempt to effect, either transactions in securities or the rendering of personalized investment advice over the Internet. Any communications with prospective clients residing in states or international jurisdictions where McDonald Partners and its advisory affiliates are not registered or licensed shall be limited so as not to trigger registration or licensing requirements.
Terms of Service. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY GOVERN YOUR ACCESS AND USE OF THIS WEBSITE.
BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ACCEPT THEM IN FULL, AS THEY MAY BE MODIFIED BY CAPTRUST FINANCIAL ADVISORS FROM TIME-TO-TIME AND POSTED ON THIS WEBSITE.
No Warranties. Although CapTrust Financial Advisors attempts to provide accurate information, names, images, pictures, logos, icons, documents, and materials (collectively, the “Contents”) on the Website, it makes no representation, endorsement, or warranty that such Contents are accurate or suitable for any particular purpose. THE WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE WEBSITE AND ITS CONTENTS IS AT THE USER’S SOLE RISK. THE WEBSITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW AS NOTED BELOW.
Limitation of Liability. IN NO EVENT WILL CAPTRUST FINANCIAL ADVISORS, AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY’S USE OF THE WEBSITE OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS WEBSITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THIS WEBSITE OR ANY OTHER WEBSITE, EVEN IF CAPTRUST FINANCIAL ADVISORS IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Third Party Links, Products and Services Disclaimer. We provide links to the sites of certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Websites. CapTrust Financial Advisors does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. You will use these links at your own risk.
Copyrights and Trademarks. All content included on this Website, such as text, graphics, logos, button icons, images, photos, data compilations, and software, is the property of CapTrust Financial Advisors or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of CapTrust Financial Advisors and protected by U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit any of the content, in whole or in part without the specific permission of CapTrust Financial Advisors. All software used on this Website is the property of CapTrust Financial Advisors or its software suppliers and is protected by United States and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of CapTrust Financial Advisors in the U.S. and/or other countries. These trademarks and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits CapTrust Financial Advisors. All other trademarks not owned that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CapTrust Financial Advisors.
Transmissions to and from this Website. Except where expressly indicated otherwise, transmissions to and from this Website or directed to CapTrust Financial Advisors including E-mails, are not sent in a secure form and can be intercepted by third parties and may not be immediately received by the appropriate business unit. Please do not use E-mail to send us communications which contain confidential information, which we require to be in writing, or which need our immediate attention. Please contact us at through the information listed on the Contact Us page of our Website. Any transmission to this Website, including E-mails shall be deemed and remain the property of CapTrust Financial Advisors. CapTrust Financial Advisors shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a Website user through this Website.
License and Site Access. CapTrust Financial Advisors grants you a limited license to access and make personal use of this Website and not to download or modify anything, or any portion of it, except with express written consent. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of CapTrust Financial Advisors. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CapTrust Financial Advisors express written consent. You may not use any meta tags or any other “hidden text” utilizing CapTrust Financial Advisors’ name or trademarks without the express written consent. Any unauthorized use terminates the permission or license granted by CapTrust Financial Advisors. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of CapTrust Financial Advisors so long as the link does not portray CapTrust Financial Advisors or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any CapTrust Financial Advisors logo or other proprietary graphic or trademark as part of the link without express written permission.
Intended Audience. The information provided on this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject CapTrust Financial Advisors or its affiliates to any registration requirement within such jurisdiction or country. CapTrust Financial Advisors does not claim that the products or services in this Website are available in any particular jurisdiction or appropriate for any particular investor. If you choose to access this Website from a location other than the United States, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.
No Offer or Advice. This Website does not constitute an offer to sell or a solicitation of an offer to buy any security that may be referenced on or through this Website. Nor does this Website constitute an offering or recommendation by CapTrust Financial Advisors of any security, investment management service, or advisory service. CapTrust Financial Advisors does not provide investment advice, tax advice, or legal advice through this Website, and you agree that this Website will not be used by you for such purposes. CapTrust Financial Advisors does not represent that the securities, products, or services discussed on, or accessible through, this Website are suitable for any particular investor. You acknowledge that your requests for information are unsolicited, and the provision of any information through this Website shall not constitute or be considered investment advice, or an offer to sell, or a solicitation of an offer to buy any security.
Termination of Right to Use Website. CapTrust Financial Advisors s reserves the right to terminate your right to use this Website if you violate any of these Terms of Service. Upon termination of your right to use the Website, CapTrust Financial Advisors will remove your account privileges. CapTrust Financial Advisors will have no obligation to return to you your submitted data. The disclaimers and limitations of liabilities set forth in these Terms of Service shall survive any such termination. Your sole recourse and remedy if CapTrust Financial Advisors terminates your right to use this Website, is to receive a refund for any products paid for but not processed or fulfilled by CapTrust Financial Advisors if any.
Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. Accordingly, some of the limitation may not apply to you.
Governing Law/Jurisdiction. These Terms of Service will be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Website or Terms of Service, sole jurisdiction shall reside with the appropriate State or Federal Court. A printed version of these Terms of Service will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any provision of the Terms of Service shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Service and shall not affect the validity and enforceability of any remaining provisions. CapTrust Financial Advisors makes no representation that the Terms of Service comply with the laws of any other country. Visitors who use the Website and/or services and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. By virtue of your use of the Website, you agree not to transfer, by electronic transmission or otherwise, any materials derived from the Website and/or services in violation of any laws.
Waiver. No waiver by CapTrust Financial Advisors of any right under or term or provision of these Terms and Conditions will be deemed a waiver of any other right, term, or provision of these Terms and Conditions at that time or a waiver of that or any other right, term, or provision of these Terms and Conditions at any other time.