Website Terms and Conditions
The following terms and conditions (the “Terms and Conditions”) govern your use of the Clear Point Advisory Web Site (this “Site”). This Site is made available by Clear Point Advisory, its affiliates, and subsidiaries (except as provided below) (“Clear Point Advisory” or “we” or “us”). We may change the Terms and Conditions from time to time, and at any time without notice to you, by posting such changes on this Site. BY USING THIS SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THIS SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use this Site.
Certain Clear Point Advisory services, affiliates, or subsidiaries may use different terms and conditions to make a website or portal available to you, or to provide information or services. To the extent that Clear Point Advisory services, affiliates, or subsidiaries post or reference different terms and conditions, those different terms and conditions, not these Terms and Conditions, will apply to your use of the website or portal in the context of those services or by that subsidiary or affiliate.
1. Proprietary Rights
As between you and Clear Point Advisory, Clear Point Advisory owns, solely and exclusively, all rights, title, and interest in and to this Site, all the content, code, data, and materials thereon, the look and feel, design, and organization of this Site, and the compilation of the content, code, data, and materials on this Site, including but not limited to any copyrights, trademark and service mark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights inherent therein or appurtenant thereto. Your use of this Site does not grant to you ownership of any content, code, data, or materials you may access on this Site.
Any commercial distribution, publishing, or exploitation of this Site is strictly prohibited. You may view the content on this Site on your computer or other internet-compatible device and make copies or prints of the content on this Site for your non-commercial, educational, or personal use only. Any copies you make must retain Clear Point Advisory’s proprietary notices, including its copyright notice, and may not be altered in any manner. You may not otherwise copy, reproduce, publish, display, distribute, or otherwise exploit any content, code, data, or materials on this Site. If you make other use of this Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use.
2. Trademarks
The trademarks, service marks, and logos displayed on this Site are registered and unregistered trademarks or service marks of Clear Point Advisory and/or others. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark or service mark displayed on this Site without the express written permission of Clear Point Advisory or such third party that may own such trademark or service mark. Your misuse of the trademarks and service marks on this Site is strictly prohibited.
3. User Information
In the course of your use of this Site, you may be asked to provide certain personalized information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in this Site’s Privacy Policy, which is incorporated herein by reference for all purposes, as if the terms and provisions of the Privacy Policy were stated in this paragraph. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.
4. Third Party Web Sites
You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through websites to which you may link from this Site (collectively, “Linked Sites”). Links to Linked Sites do not constitute an endorsement by us of such websites or the information, content, products, services, advertising, code, or other materials presented on or through such websites. Clear Point Advisory shall not be held responsible should you encounter any material on Linked Sites that is or may appear indecent, illegal, or inaccurate.
5. Disclaimer of Warranties
THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS, AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
CLEAR POINT ADVISORY ACCEPTS NO LIABILITY FOR ANY LOSS ARISING AS A RESULT OF ANY ACTION TAKEN OR REFRAINED FROM AS A RESULT OF INFORMATION CONTAINED ON THIS SITE OR ANY OTHER SITES TO WHICH THIS SITE MAY BE LINKED.
6. Limitation of Liability
NOTWITHSTANDING ANY PROVISION OF THESE TERMS AND CONDITIONS, IN NO EVENT SHALL CLEAR POINT ADVISORY OR ANY OF ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THIS SITE.
7. Applicable Laws
We control and operate this Site from our offices in the United States of America. Persons who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
8. Miscellaneous
The Terms and Conditions and the relationship between you and us shall be governed by the laws of the State of Michigan, without regard to its conflict of law provisions.
If any dispute, controversy, or claim arises under the Terms and Conditions, facilitated negotiation or arbitration will apply, as detailed in this document.