Terms of Use

Please read these Terms of Use carefully before using this Website.

Throughout these Terms of Use, the terms you or your shall mean you, individually, and each other party on whose behalf you may use the Site at any time. Any reference herein to Securities America shall include Securities America Financial Corporation, Securities America Inc., Securities America Advisors, Inc. or any affiliate company, affiliated persons or representatives (“Securities America”). All references to we, us or our shall refer to Securities America.

USE OF WEB SITE CONTENT AND MATERIALS

By accessing and/or using the information printed on or contained within the website, including, without limitation, text, software, photographs, forms, audio and video clips, links, graphics, illustrations, images, drawings, product and service listings and disclosures, descriptions, logos, sound and any other material or representation made available on the website, for download or otherwise, (all of which may collectively or individually be referred to herein as the “Information” or “Website” or “Site” or “Content” or “Services”) you are acknowledging that you have read and agree to be bound by these terms of use (“Terms of Use”) without limitation or qualification. Whether or not you actually read these Terms of Use, your continued use of this Site will be deemed as acceptance of them and by using the Site you agree to these Terms of Use. Your use of the Site automatically constitutes your agreement to also be bound by the Securities America Online Privacy Policy which can be accessed through the Site. You agree that Securities America may monitor your use of the Site.

CHANGES TO: TERMS OF USE; THE SITE; YOUR ACCESS

We may revise these Terms of Use at any time. You are bound by any such revisions and should therefore periodically visit this page to review the most current conditions to which you are bound. Securities America reserves the right to modify these Terms of Use at any time without notice to you. Your continued use of the Site after such modifications constitute your acceptance of any such modifications. 

Securities America is not agreeing to nor required to update any information available on the Site. We retain exclusive control over the Site, and reserve the right to, change, suspend or discontinue all or a portion of the Content at any time and for any reason. We reserve the right to impose limits on, restrict or terminate your access to the Site or any feature or part thereof at any time and for any reason without prior notice.


INFORMATION WE COLLECT

The information we collect from Website visitors depends on the type of service, support, or inquiry, and may include your name, address, telephone number, CRD number, email address, or other information. Your internet browser has the in-built facility for storing small text files known as "cookies" that hold information which allow a website to recognize you and, when applicable, your account. We may use cookies to collect, store, and sometimes track information for statistical purposes. More specifically, we use different types of cookies for different purposes including: (i) “required cookies” that are necessary for our Website to work properly, (ii) “performance cookies” which allow us to analyze how visitors use our Website so we can measure and improve the performance of the Website, and (iii) "functional cookies" which allow us to remember choices you may have made on our Website. We may also use a third-party service provider to send emails that you have agreed to receive. Pixel tags and cookies may be used in those email messages to help us measure the effectiveness of our advertising and to enable us to provide more focused marketing communications to you.


INFORMATION ONLY. NOT AN OFFER, INVESTMENT ADVICE OR RECOMMENDATION
NOT TAX OR LEGAL ADVICE

This Site is for informational purposes only and is not an offer by Securities America to sell you any security referred to on the Site. Do not use any of the Content as the sole basis for making any investment decision. Nothing in the Site is intended to, nor does it, constitute investment advice, or recommendations as to the suitability of any specific investment, product or security. All Content is provided for your convenience and information only, and no such Content shall constitute an offer to sell or a solicitation of an offer to buy any security. The Content provided on this Site is not intended to, nor does it, constitute tax or legal advice.


FORWARD LOOKING STATEMENTS

Information on the Site and/or any downloadable materials may contain certain forward-looking statements, which are subject to risks and uncertainties and speak only as of the date on which they are made. You are cautioned not to place undue reliance on these forward-looking statements. Any dated information is published as of its date only. We undertake no obligation to update publicly or revise any dated or forward-looking statements. Information on the Site should not be relied upon for the purpose of making any investment decision without the direct guidance of a properly credentialed investment advisor.


EMAIL COMMUNICATIONS

You may not use the email function to enter an order to buy or sell a security, to send us time-sensitive instructions, or to give us personal credit information or an address change.

If you send us an email, we collect your name and email address and use this in replying to your inquiry. We may use the email address you provide us so that we can send you email communications about various matters such as information about our firm and our services. By contacting us through the email link, you agree that we can send you such email communications. You can unsubscribe from one or more of our email communications at any time by clicking the unsubscribe link at the bottom of any email communication that you receive from us.

Any passwords, codes or other access provided to you through, or for use in conjunction with, the Site are for your personal use only. You are responsible if they are lost, stolen or misused, and you must notify us immediately if any of these events happen.

Information you transmit to us through the Site, by electronic mail or otherwise, including data, questions, comments, or suggestions, will become the property of Securities America. Securities America has taken certain steps to provide a secure environment for your personal information on the Site. However, due to the nature of internet transmissions, we cannot, and do not, guarantee the confidentiality of such information.


OWNERSHIP, TRADEMARKS, COPYRIGHTS, INTELLECTUAL PROPERTY

The Site Content contains copyrighted and copyrightable material and is protected by copyright as a collective work, pursuant to U.S. copyright laws. You may not, in whole or in part, modify, publish, transmit, display, or reproduce any of the Content. Downloading or copying the Content is expressly prohibited. You may not use any meta tags or any other hidden text utilizing Securities America’s name or trademarks, without our express written consent. All rights, title and interest in this Site and the Content including, but not limited to, all trademarks, service marks, trade names, logos, trade dress, icons, copyrights, and other intellectual property is the exclusive property of Securities America. Nothing contained on this Site is intended to grant, nor should it be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Site without the written permission of Securities America. Use of the trademarks, copyrighted materials or intellectual property displayed on the Site, or any other Content on the Site, without the written permission of Securities America, is strictly prohibited. Images displayed on this Site are either the property of or used with permission by Securities America. Use of these images is prohibited unless specifically permitted by Securities America. Unauthorized use of images may violate copyright, trademark, privacy and publicity laws.

The names of other companies and third-party products or services that may be mentioned or linked on the Site may be the trademarks or service marks of their respective owners. Those trademarks or service marks are protected by U.S. and foreign trademark, common law rights and statutes. You are prohibited
from using such trade and service marks for any purpose including, but not limited to, use on other materials, in presentations, as domain names, or as metatags, without the express written permission of Securities America or any such other party that may own the marks.


DISCLAIMER OF WARRANTIES. LIMITATION OF LIABILITY.

WITH RESPECT TO YOUR USE OF THIS SITE, SECURITIES AMERICA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, AND ANY WARRANTIES THAT MATERIALS IN THIS SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SECURITIES AMERICA OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SECURITIES AMERICA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, SECURITIES AMERICA’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF YOUR USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SECURITIES AMERICA SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE SECURITIES AMERICA MAKES NO GUARANTEE REGARDING THE ACCURACY AND RELIABILITY OF ANY OPINION MADE THROUGH THIS SITE BY ANY PARTY OTHER THAN SECURITIES AMERICA, AS WELL AS THE ACCURACY AND RELIABILITY OF ANY CONTENT, PRODUCTS, TOOLS, OR SERVICES PROVIDED BY LINKED SITES. NO CONTENT PROVIDED ON THE SITE WILL CREATE AN ORAL OR WRITTEN WARRANTY, WHETHER OBTAINED FROM SECURITIES AMERICA OR A THIRD-PARTY, WHICH IS NOT SPECIFICALLY STATED IN THESE TERMS OF USE. SECURITIES AMERICA ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS SITE. IN NO EVENT SHALL SECURITIES AMERICA TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.


UNAUTHORIZED AND RESTRICTIONS ON USE

This Site is owned and operated by Securities America. Except as otherwise expressly permitted by Securities America, no materials from this Site or any Site owned, operated, licensed or controlled by Securities America may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on this Site for your use only, provided that you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this Site for public or commercial purposes, including the text, images, audio, and video without Securities America’s prior written permission. Securities America neither warrants nor represents that your use of materials displayed on this Site will not infringe rights of third parties.

Unauthorized use of the Site, Content, or our systems, including, but not limited to, unauthorized entry into our systems, misuse of passwords or misuse of any other information, is strictly prohibited. Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized persons attempting to access these areas of the Site may be subject to prosecution. You may not use the Site or the Content in any manner that could damage, disable, overburden, or impair any Securities America Site or service or interfere with any other party’s use and enjoyment of the Site or the Content. You shall not introduce, nor permit any person to introduce into the Site or Content, any code or malicious or hidden mechanisms that would impair the operation of the Site or Content, or of our computers, networks, or other devices or software. Securities America prohibits caching, unauthorized hypertext links to the Site, and the framing of any Content available on the Site. We reserve the right to disable any unauthorized links or frames and specifically disclaim any responsibility for the Content available on any other websites linked to our Site.

The Content provided on this Site are not provided to and may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization or where Securities America is not authorized to provide such information or services.


THIRD PARTY CONTENT PROVIDERS. LINKS TO OTHER WEBSITES

The Site may be linked to other websites which are not maintained by Securities America. Securities America is not responsible for the content of such linked websites. The inclusion of any link to such websites does not imply Securities America’s approval or endorsement of such sites or the content thereof. Securities America cannot guarantee that the links set out on our Site will be accurate at the time of your access. Moreover, the sites pointed at by links have been independently developed and possibly maintained by person(s) over whom Securities America has no control. Securities America cannot and does not monitor the sites linked to its pages on the Internet or any transmission made through the respective web pages and news groups. Accordingly, Securities America assumes no responsibility for the content of any site referenced to by any hyperlink or otherwise. Securities America believes that our making available links to publicly accessible web pages is legally permissible and consistent with the common, customary expectations of those who make use of the Internet.

Third Party Beneficiaries. To the extent the Content contains data or information provided by third party content providers or are otherwise contributed to by third party providers, such providers shall be considered third party beneficiaries of this Terms of Use.


GOVERNING LAW, ARBITRATION

All the terms herein shall be governed by and construed in accordance with the laws of the State of Nebraska without giving effect to principles of conflict of law. You acknowledges that any violation of this Terms of Use, or misuse of the Site or the Content, or infringement of any trademark or copyright may cause Securities America irreparable harm, the amount of which may be difficult to ascertain, and therefore you agree that Securities America shall have the right to apply to a court of competent jurisdiction for an order enjoining any such further misappropriation and for such other relief as Securities America deems appropriate. This right of Securities America is to be in addition to the remedies otherwise available to Securities America. Subject to the provisions of this Section, all disputes, controversies, or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration, before the American Arbitration Association, pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act") and the terms of use of this Agreement. shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties, and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend, or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. Any and all disputes against or otherwise involving Securities America regarding the content presented on the Site must be resolved through arbitration as set forth in this section.


ENTIRE AGREEMENT, MODIFICATION, CHANGES, UPDATES

These Terms of Use represent the complete and exclusive statement of the understanding between you and Securities America regarding your rights to access and use the Services and Information on the Site and supersedes all prior and contemporaneous agreements and representations regarding such subject matter. These Terms of Use constitute the entire agreement between you and us with respect to your use or access of the Site or the Content. Except as herein provided, no waiver, modification or amendment of any provision of these Terms of Use shall be effective against Securities America unless the same is in writing and signed by an authorized officer of Securities America.


SEVERABILITY

If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of the Terms of Use shall continue in full force and effect.

Securities America’s failure to insist at any time upon strict compliance with any of these Terms of Use or any delay or failure on Securities America’s part to exercise any power or right given to Securities America, or a continued course of such conduct on Securities America’s part 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 given to Securities America are cumulative and not exclusive of any other rights or remedies which Securities America otherwise has at law or equity.


INDEMNIFICATION

You hereby indemnify and hold harmless Securities America (and its directors, officers, employees, control persons, vendors, licensors and agents), the Provider and any third party provider 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 your agreements, representations and warranties contained herein or your use of the Services or Information (i) in violation of these Terms of Use, (ii) in violation of any rights of Securities America and any third party content provider, including 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) your failure to maintain the security of any user code or password, as applicable. This indemnification shall be binding upon you and your executors, heirs, successors and assigns.


TERMINATION UPON VIOLATION OF TERMS

If you violate any of these Terms of Use, Securities America reserves the right to immediately terminate any rights granted to you and/or your access to the Site without notice or liability. Termination of your access or use will not waive or affect any other right or relief to which Securities America may be entitled to at law or in equity.

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Terms of Use

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