These Terms are a binding agreement between you and Cain Watters and Associates, L.L.C. By using or accessing the Cain Watters Site, you accept and agree to be bound by these Terms. Your use of Cain Watters Site is governed by the version of the Terms in effect on the date Cain Watters Site is accessed by you. Cain Watters and Associates, L.L.C. may modify these Terms at any time and without prior notice. These Terms are in addition to any other agreements between you and Cain Watters and Associates, L.L.C. including any client or account agreements, and any other agreements that govern your use of information, content, and services available on and through the Cain Watters Site.
LIMITATIONS ON INVESTMENT GUIDANCE AND PROFESSIONAL ADVICE
The Cain Watters Site is not intended to provide legal, tax, investment, insurance or any other type of advice. Nothing on the Cain Watters Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by Cain Watters and Associates, L.L.C. or any third party. Certain planning and financial information available on the Cain Watters Site may provide general investment education based on your input. You are solely responsible for determining whether any investment, investment strategy, security or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your investment, legal or tax professional regarding your specific situation.
COPYRIGHT POLICY, LINKING POLICY AND TRADEMARKS
The Cain Watters Site is protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in the Cain Watters Site, including any text, graphics, video, audio, software code, user interface design or logos.
Unless you and Cain Watters and Associates, L.L.C. have agreed otherwise, links from another web site to a Cain Watters Site must resolve to the top-level homepage of a Cain Watters domain (e.g., www.cainwatters.com).
In order to avoid confusion if you do link from another web site to the Cain Watters Site top-level homepage, your web site, and the link itself, may not suggest that Cain Watters and Associates, L.L.C. endorses, sponsors or is affiliated with any non-Cain Watters and Associates, L.L.C. web site, entity, service or product, and may not make use of any Cain Watters and Associates, L.L.C. trademarks or service marks other than those contained within the text of the link.
All trademarks and service marks on the Cain Watters Site belong to Cain Watters and Associates, L.L.C., except third-party trademarks and service marks, which are the property of their respective owners.
THIRD PARTY CONTENT AND RESEARCH
The Cain Watters Site may from time to time include general news and information, commentary, interactive tools, quotes, research reports and data concerning the financial markets, securities and other subjects. Some of this content maybe supplied by companies that are not affiliated with Cain Watters and Associates, L.L.C. (“Third Party Content”). On the Cain Watters Site, the source of all Third Party Content is clearly and prominently identified as applicable. Third Party Content is available through framed areas, through hyperlinks to third party web sites, or is simply published on the site. The Third Party Content is protected by copyright pursuant to United States laws and international treaties and is owned or licensed by the Third Party Content provider(s) credited.
Cain Watters and Associates, L.L.C. has not been involved in the preparation, adoption or editing of Third Party Content and does not explicitly or implicitly endorse or approve such content. The Third Party Content providers do not implicitly or explicitly endorse or approve the Third Party Content, nor do they give investment advice, or advocate the purchase or sale of any security or investment.
While Cain Watters and Associates, L.L.C. makes every attempt to provide accurate and timely information to serve the needs of users, neither Cain Watters and Associates, L.L.C. nor the Third Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party sites. Third Party Content is provided for informational purposes only and Cain Watters and Associates, L.L.C. and the Third Party Content providers specifically disclaim any responsibility for Third Party Content available on the site. You will use Third Party Content only at your own risk. THE THIRD PARTY CONTENT IS PROVIDED ON AN “AS-IS” BASIS. THE THIRD PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE THIRD PARTY CONTENT PROVIDERS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PASSWORD SECURITY AND NOTIFICATION
If you have a Personal Login for access to non-public areas of the Cain Watters Sites or sites linked hereto, you are solely responsible for all activities that occur in connection with your Personal Login. Accordingly, you should take steps to protect the confidentiality of your Personal Login. Notify Cain Watters and Associates, L.L.C. immediately if you become aware of any disclosure, loss, theft or unauthorized use of your Personal Login.
DISCLAIMER OF WARRANTIES
CAIN WATTERS AND ASSOCIATES, L.L.C. DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE CAIN WATTERS SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE CAIN WATTERS SITE IS MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND CAIN WATTERS AND ASSOCIATES, L.L.C. DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.
CAIN WATTERS AND ASSOCIATES, L.L.C. DOES NOT WARRANT THAT THE CAIN WATTERS SITE WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. CAIN WATTERS AND ASSOCIATES, L.L.C. ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE CAIN WATTERS SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Cain Watters SITE WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
CAIN WATTERS AND ASSOCIATES, L.L.C.WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE CAIN WATTERS SITES AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF CAIN WATTERS AND ASSOCIATES, L.L.C. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
As a condition of your use of the Cain Watters Site, you agree to indemnify and hold Cain Watters and Associates, L.L.C. and its Third Party Content providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of the Cain Watters Site, or from your violation of these Terms. This provision may not apply to participants in certain employer-sponsored workplace savings plans.
CHANGES TO CAIN WATTERS SITE
Unless otherwise agreed, Cain Watters and Associates, L.L.C. may discontinue or modify the Cain Watters Site at any time without prior notice to you, and you accept those modifications if you continue to use the Cain Watters Site.
Unless otherwise agreed, these Terms and their enforcement are governed by the laws of the State of Texas, without regard to conflicts of law, and shall inure to the benefit of Cain Watters and Associates, L.L.C. successors and assigns, whether by merger, consolidation, or otherwise.
If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.