TERMS OF USE AND USER AGREEMENT
Welcome to the Proficio Capital Advisors LLC (“Proficio” or “we”) website. By accessing this website, you agree to comply with this binding User Agreement between you and Proficio, which governs your access and use of the website. If you do not accept these terms and conditions, do not use this website. Your use of this website indicates your full acceptance of this User Agreement in its then-current form each time you use the website. Proficio reserves the right to change the terms and conditions at any time, without notice.
RESTRICTIONS ON USE
You may not decompose, decompile, reverse engineer, disassemble, deconstruct or otherwise violate the security of all or any portion of this website. At any time and for any reason we may revoke your right to use all or any portion of the website.
INFORMATIONAL USE ONLY
Proficio is not soliciting any action based on this website. Nothing on this website is a recommendation that you purchase, sell or hold any security, or that you pursue any investment style or strategy. Nothing on this website is intended to be, and you should not consider anything on the website to be investment, accounting, tax or legal advice. The past and/or present performance of any investment, investment strategy or investment style is not indicative of future performance.
RISKS YOU ASSUME BY USING THIS WEBSITE
We make reasonable efforts to provide accurate information, but at times we may not promptly update or correct this website even if we are aware inaccuracies, outdated or otherwise inappropriate information. We are not liable for any actions you take or decisions you make in reliance on any information on this website. We make reasonable efforts to avoid technological problems, but this website may have, or may cause, technological problems, including, but not limited to viruses. We are not liable for any defects, delays or errors resulting from your use of this website.
Third party rankings, awards and recognition from ratings services included on this website do not guarantee future investment success. Working with a highly rated or award-winning adviser does not ensure that you will experience a higher level of performance or results. Ratings and awards included on this website are not an endorsement of Proficio by any client nor are they representative of a specific client’s evaluation. Generally, rankings are based on information prepared and submitted by the adviser, or the amount of the adviser’s assets under management. You may request more information about the criteria used in making these rankings.
Any description of tax consequences presented in this website is no substitute for careful tax planning. You should consult tax counsel for advice specifically related to tax consequences of an investment made with Proficio’s advice. The information on this website is not tax advice on federal, state, estate, local, foreign or other tax consequences of an investment. You are solely responsible for all tax consequences with respect to any investment made with Proficio.
WE MAY MONITOR AND RECORD ACTIVITY ON THE WEBSITE
We may, but have no obligation to, monitor and record activity on this website for any reason or no reason.
THIRD PARTY WEBSITES
We are only responsible our own website’s content and have no responsibility for any information or policies or any other websites that may be accessible from this website via hyperlink. Proficio does not endorse, sponsor or promote any products or services offered by any website that may be linked to this website. If you access any other website through this website, you do so at your own risk.
INTERNATIONAL USE
The information provided on this website is not intended for distribution to, or use in, any jurisdiction where such distribution or use would be contrary to law. You are responsible for compliance with applicable local laws and regulations.
DISCLAIMER OF WARRANTIES
We provide the contents of this website on an “as is” basis with no warranties, express or implied, of any kind, including warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property and proprietary rights. Without limited the foregoing, we do not warrant the availability, accuracy, completeness, timeliness, functionality, reliability, sequencing or speed of delivery of the website or the information on this website. You may use this website and rely on the materials on this website solely at your own risk.
LIMITATION OF WARRANTIES
Neither we nor any of our affiliates, agents or employees is responsible for any damages, liabilities or injury, including but not limited to indirect, incidental, special, punitive or consequential damages however caused arising out of your use of (or inability to use) this website or this User Agreement. Our liability is limited to the maximum extent permitted by law and is limited even if we have been advised of the possibility of the damages, liability or injury that you suffer or if any remedy you have fails of its essential purpose, including any damages, liabilities or injuries caused by any failure of performance, error, omission, theft, interruption, deletion, defect, delay in operation, computer virus, communication line failure, or other computer malfunction. Without limiting the foregoing, under all circumstances, the maximum liability of Proficio, its agents and employees to any user of this website with respect to the website is $100.
GOVERNING LAW
The laws of the Commonwealth of Massachusetts govern your use and any disputes relating to this website and this User Agreement. You may only bring disputes relating to this website and User Agreement in the state or federal courts located in Boston, Massachusetts, and you agree that such courts shall have jurisdiction over the parties to this User Agreement and any dispute arising hereunder.