In consideration of Gregory L. Schaffer & Companies (including its affiliated companies, collectively, “Schaffer” “we,” “us” or “our”) providing you access to our Internet web site (“Site”) and the information, documents, newsletters, data, features, functionalities and other materials on our Internet web site, as well as the ability to conduct securities and other transactions through our Site (collectively, and as such may be revised from time to time by us, the “Content”), you (which term, as used herein, includes you personally and the company or other organization on whose behalf we grant you access to the Site) hereby agree to the following terms and conditions (this “Agreement”). This Agreement is in addition to, and does not nullify, any other agreement between you and us governing the conduct of your relationship with us or any other applicable terms and conditions found on the Site. You agree to comply with all rules or restrictions that are posted on the Site.
1) NO INVESTMENT ADVICE, OFFER OR SOLICITATION; SUITABILITY AND COMPLIANCE WITH LAW.
You acknowledge that the Site and the information available on the Site is for informational purposes only and does not constitute investment advice or an offer to sell or a solicitation of an offer to buy any security, other investment (including futures, options, and foreign exchange) or investment service which may be referred to in the Site. You also acknowledge that not all securities, other investments or investment strategies are suitable for or are eligible to be offered to all investors. If you have any questions about any security, other investment, investment strategy or investment service, we urge you contact your Schaffer Account Executive.
- Although the Site may include material about securities and other investments generally, as well as research relating to specific securities or other investments, such material and reports are not, and you should not construe them to be, an offer or solicitation of any kind whatsoever. We are not providing investment advice through the Site and we do not represent that any securities, other investment or investment strategies are suitable for you. In fact, such securities, other information or investment strategies may not be suitable for you.
- You agree to make your own independent evaluation of the investment merits and suitability for you of any such securities or other investment or investment strategy.
- You agree not to use the Site or it’s Content as tax, legal or accounting advice.
- Transmission or use of the Site or its Content 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 copyrighted material, material which is defamatory, threatening, obscene, lewd and indecent, material protected by trademark, trade secret, or patent laws, or material that results in an invasion of privacy.
2) ONLINE SECURITIES TRANSACTIONS.
The Site may link to clearing house sites that permit you to purchase and/or sell certain securities, other investments and investment products online through the Site (collectively, “Transactions”). We are not responsible for possible delays due to connectivity. You may always log in direct with the clearing house access point.
You assume full responsibility for all of your investment decisions made as a result of your use of the Site, all Transactions conducted using your User Id’s and Pass codes (as defined in Section 5, below), and all risks associated with the type of transactions and investment products contemplated under this Agreement.
You acknowledge and agree that: the Internet , the Site, its Content (including Transactions and the linking connections to and among various Content) involve the use of complex technology over which we have little or no control and may be subject to unanticipated failures and delays in service which may impact the timeliness of any information.
3) NO OBLIGATION TO KEEP INFORMATION CURRENT.
The Content reflects the respective authors' analyses as of the Content’s initial publication date. We are not under any obligation to update such Content to reflect circumstances that may occur after its initial publication date. Due to legal restrictions or other reasons, we may not update any Content to take into account material changes or new information.
- Although the substance of, and the information underlying the opinions and recommendations expressed in, the Content has been obtained from sources believed at the time such information is initially published to be reliable, the accuracy, timeliness and completeness of such information, the underlying data or the computations based thereon cannot be guaranteed.
- We do not review, and assume no responsibility for, the Content received from, or created by, any third parties, including news, research, and other data.
- We may, to the extent permitted by law, act upon or use the Content, or the research or analysis on which such Content is based, before the Content is made available on the Site.
- The value and income of any of the securities or financial instruments mentioned in the Site can decrease as well as increase. Past performance should not be taken as an indication of guarantee of future performance.
- Foreign currency denominated securities and financial instruments are subject to fluctuations in exchange rates that may have a positive or adverse effect on the value, price or income of such securities or financial instruments.
- Neither this Site nor its Content has been approved by any governmental agency or instrumentality or self-regulatory organization.
5) USER CODES.
- In connection with your use of or access to the Site, we from time to time may provide you with user names, passwords and/or other unique identifiers (“User Codes”).
- The User Codes are for your personal use only.
- You are responsible for the security and confidentiality of your User Codes, and agree not to disclose them to any third party.
- You are responsible for all information provided and any Transactions, acts or omissions that occur while your User Codes are being used. We are not responsible for any breach of security caused by your failure to maintain the confidentiality and security of your User Codes.
- You agree to notify us immediately in the event of loss, theft or disclosure of any or all of your User Codes, or if you believe the confidentiality or security of any or all of your User Codes has been compromised in any way, or in the event of your learning about a possible or actual unauthorized access to and/or use of the Site.
- We reserve the right to revoke or modify your User Codes at any time without prior notice.
6) CONSENT TO RECORDING/MONITORING.
You consent to our recording, retention and use of all information and data that you input or otherwise communicate during your access to and/or use of the Site or through any e-mail to or from us and any other electronic communication means and the transmittal of the same to our affiliates, subsidiaries, branches and third parties for execution, processing, database maintenance, record keeping or any other use in accordance with customary practices, policies and procedures applicable in the United States and, of course, our privacy policies. In addition, we may disclose such information to the extent that we determine in good faith to be required by any applicable laws, rules or regulations or order or in enforcement of our rights or the defense of claims. We expressly reserve the right to monitor any and all use of the Site.
7) ELECTRONIC DOCUMENTS.
We may, in our sole discretion, seek your consent to the terms and conditions of this Agreement and certain other agreements on the Site by means of an electronic signature by requesting you to affirmatively “click” on boxes containing the words “I Accept,” “I Agree” or other similar phrases (collectively, “Acceptance Terms”). Please note that in the case of multiple party accounts each party may be required to “click” on the Acceptance Terms. If you “click” on the Acceptance Terms, your “click” will be deemed a legally binding electronic signature. You acknowledge and agree that you will carefully review any document or web page before making such an electronic signature.
8) USE OF E-MAIL/AND OTHER ELECTRONIC MESSAGES.
You acknowledge that we strongly recommend against any use of any form of electronic mail, electronic chat or instant messenger communication, whether transmitted through the Internet, a proprietary network, a computer, a pager or another wireless device or otherwise (but not including voice communication) (collectively, “Electronic Messages”) to communicate any time sensitive or confidential information. Electronic Messages are not secure and may not be confidential. Even though one of our representatives may have communicated with you through Electronic Messages recently, such representative may not timely see any message sent through Electronic Messages. If you choose to use Electronic Messages for sending time sensitive or confidential communications, you agree that Schaffer is responsible for honoring (or responding to, as the case may be) time sensitive or confidential communications only if, as and when we have confirmed its receipt and processing of the same.
9) PROPERTY RIGHTS IN INFORMATION AND SITE.
The Site and its Content are our property and are protected by applicable copyright, patent, trademark or other intellectual property law. Gregory L. Schaffer & Companies except as expressly authorized herein, you may not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate, or commercially exploit the Site or such Content provided in any manner (including electronic, print or other media now known or hereafter developed) without our written consent. You also agree not to use the Site or it’s Content for any unlawful purposes, and you will comply with any request from us to protect our respective rights in the Site and it’s Content.
In the event you use the Site or the links included on the Site to gain access to a World Wide Web site or an Internet location or a source of information of any company, organization or person other than Schaffer, or to any other Internet location, you acknowledge that such other sites or locations are not under our control and agree that we will not be responsible for any information or other links found at any such World Wide Web site or Internet location or source of information, or for your use of such information. We provide such links only as a convenience to you, and have not tested any software or verified any information found at such sites. The fact that we have provided a link to another site does not signify our endorsement of the site or its contents. There are inherent risks in the use of any software or information found on the Internet, and we have no control of your experience.
3205 Mount Read Boulevard
Rochester, NY 14616-4341