WEBSITE TERMS AND CONDITIONS
www.bernicke.com and all subdomains
Please Read Carefully Before Use Of This Website
Bernicke reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. Continued access to the Website following any modifitcation in these Terms will constitute your acceptance of the Terms as modified. The terms “you” and “your” shall include you, individually, and any other party on whose behalf you use the Website.
Usage, Copyright, and Intellectual Property Rights
The materials found in this Website, as well as the organization and layout of this site, are copyrighted and are protected by United States and worldwide copyright laws and treaty provisions. Materials found in this Website (“Content”), include, but are not limited to text, images, illustrations, audio clips, and video clips, which are protected by copyrights, trademarks, service marks, and/or other intellectual property rights and are owned and controlled by Bernicke, its affiliates, third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to Bernicke.
You may access, download and print Content on this Website solely for your personal and non-commercial use; however, any print out of this Website, or portions of the Website, must include acknowledgement of Bernicke as the rightful owner of the Content being used. No right, title, or interest in any of the Content contained on this Website is transferred to you as a result of accessing, downloading, or printing such Content.
Unless otherwise specified, you may not copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, link to or frame in another website, use on any other website, transfer, or sell any information obtained from this Website, without prior written permission from us.
As a condition of your use of this Website, you warrant to us that you will not use our Website for any purpose that is unlawful or prohibited by the Terms stipulated above, including, without limitation, the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material.
If you violate any of these Terms, your permission to use our Website immediately terminates without the necessity of any notice. We retain the right to impose limits on, restrict or deny access to anyone at our discretion for any reason, including for violation of these Terms, to all or a portion of the Content. You agree that we may monitor your use of this Website and the Content therein. The foregoing prohibition expressly includes, but is not limited to, the practices of “screen scraping” or “database scraping” to obtain lists of users or other information. Bernicke reserves the right, at any time and in our sole discretion, without prior notice to you, to change, suspend, or discontinue all or a portion of the Content of this Website.
Disclaimer of Warranties & Liability
All Content found within this Website is provided “as is” and “as available”, and without warranties of any kind either express or implied. Other than those warranties which, under the United States Laws are applicable to these Terms, are implied by law and are incapable of exclusion, restriction, or modification, Bernicke disclaims any and all warranties, expressed or implied including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Neither Bernicke nor its related entities, affiliates, providers, persons involved in the creation, production and distribution of this Website guarantee that the Website will be uninterrupted or error-free, that defects will be corrected, or that the server the Website is hosted on to make content available will be free of viruses or other harmful components beyond our control.
The content that is found within this Website is provided solely for your information and convenience only. Bernicke does not warrant or make any representations regarding the results that may be obtained from the use of this Website, or as to the accuracy, reliability or currency of any content, service and/or products acquired pursuant to your use of this Website.
You agree that the use of this Website is at your sole risk. Bernicke is not responsible for any damage to your computer systems or loss of data that results from materials, information, or Content accessed, downloaded or otherwise obtained through the use of the Website, and will not be liable for cost of any/all necessary servicing, repair, or correction of your system due to viruses or any defects beyond our control. You agree that neither Bernicke nor its related entities, affiliates, providers, respective employees, agents, any person or entity involved in the creation, distribution or production of this Website is responsible or liable to any person or entity whatsoever for any loss, damage, (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use or attempted use of this Website or any other Useful Links, to the fullest extent permitted by law.
By way of example, and without limiting the generality of the foregoing, Bernicke and related persons and entities shall not be responsible or liable for any claim or damage arising from failure or performance, error, omission, interruption, deletion, defect, delay in operation, computer viruses, theft, destruction, unauthorized access to or alteration or personal records, or the reliance upon or use of data, information, opinions or other materials found in this Website.
You acknowledge and agree that Bernicke Wealth Management, Ltd. is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties.
Bernicke is not responsible for, and does not endorse or make any warranties or representations as to, any third party content or websites, including but not limited to, the accuracy, subject matter, quality or timeliness, whether or not Bernicke is affiliated with the owners of such Userful Links. Bernicke shall have no liability for third party content or websites, or websites linking to or framing the Website. You may not establish a hyperlink to this Website or provide any links that state or imply any sponsorship or endorsement of your website by Bernicke or its affiliates or Providers without prior written consent. We reserve the right to terminate any Useful Links or linking program at any time.
No Offer or Investment Advice
All Content published or otherwise made available on the Website is provided for informational purposes only for your non-commercial, personal use. Nothing on the Website constitutes an offer, solicitation, or recommendation to buy or sell any investment instrument, to effect any transactions, or to complete any kind of legal act whatsoever. Bernicke does not provide investment, legal, or tax advice through the Website, and nothing herein should be construed as being financial, legal, tax, or other advice, or a recommendation as to the suitability of any securities or services discussed for any investor. No investment or other decisions should be made solely based on the contents or information found on the Website; rather you should seek the advice of a qualifed professional.
To the extent that any provision of these Terms is found by any court of competent jurisdiction or authority to be invalid, unlawful, or unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms. The remainder of these Terms shall continue in full force and effect.
Updates & Other Information
Bernicke reserves the right to make changes to the Website and these Terms at any time and may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the current Terms because they WILL be binding on you. Your use of this Website following any such change constitutes your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of this Website.
You agree to indemnify, defend, and hold harmless Bernicke, its providers, its officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms.
These Terms are for the benefit of Bernicke officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.