PWP Terms and Conditions

Please read these terms and conditions carefully. By accessing this web site and any pages hereof (the “Website”), you are indicating that you have read, acknowledge and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access the Website.  PWP reserves the right to change these Terms of Use which you are responsible for regularly reviewing and your continued use of the Website constitutes agreement to all such changes.  As used herein, “PWP” means The Private Wealth Partners LLC and its affiliates.

Investment Advice

PWP is not providing any investment, tax, legal or other advice through or in its providing of the Website.  You understand that any investment, tax, marketing or legal information provided in the Website is general and educational in nature, and should not be construed as advice.  Laws of a specific state or laws relevant to a particular situation may affect the applicability, accuracy or completeness of this information.  While PWP may recommend certain service providers and/or professional firms, you are ultimately responsible for acting or not acting on PWP’s advice, and for determining that such services are appropriate and comprehensive and/or otherwise satisfy your needs (as the case may be), and are in compliance with all Applicable Law to which you may be subject.  You are responsible for employing legal counsel and other relevant advisors and executing all contracts directly with the applicable third party.

Security and Hacking

Users of the Website may not violate or attempt to violate the security of the Website or any of the products or services described herein.  Accordingly, you agree not to: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; or (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Violation of system or network security may result in civil or criminal liability.  PWP reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or operation which may be transferred to your computer via the Website.

Third-Party Websites

The Website may provide, or third parties may provide, links or other access to other sites and resources on the Internet. You acknowledge and agree that PWP will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Website are between you and the third party, and you agree that PWP is not liable for any loss or claim that you may have against any such third party.

Intellectual Property Rights

Service Content, Software and Trademarks: You acknowledge and agree that the Website may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Data (as defined below) that you legally upload to the Website. In connection with your use of the Service, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by PWP from accessing the Website (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Website or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Website Service or distributed in connection therewith, including without limitation the Mobile App, are the property of PWP, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, decompile, disassemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.  Any rights not expressly granted herein.

The Private Wealth Partners name and logos are trademarks and service marks of The Private Wealth Partners (collectively the “PWP Trademarks”). Other company, product, trade and service names and logos used and displayed via the Website may be trademarks, trade names or service marks of their respective owners (together with the PWP Trademarks, the “Trademarks”) who may or may not endorse or be affiliated with or connected to PWP. The Trademarks are the sole and exclusive property of PWP or such third parties, as applicable, and you will not acquire any proprietary rights therein by reason of these Terms of Website Service or your access or use of the Website. Nothing in this Terms of Use or the Website Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on or in connection with the Website, without our prior written permission in each instance. As between you and PWP, all goodwill generated from the use of Trademarks will inure to our exclusive benefit.

Restrictions on Use:  Unless otherwise specified, Service Content cannot be copied, modified, reproduced, broadcasted, paraphrased, or distributed in any way. All such content and information is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights and licenses held by PWP. All Service Content is to be used by you for private, noncommercial use only. You may not remove the name or logo of PWP from any of the materials, unless written permission is granted by PWP. You will also not restrict any other user from using or enjoying the Site or take any action to harm or disrupt the operations of this Site or to intercept any system, data or personal information from the Site, or to circumvent the security systems of this Website

Third-Party Material: Under no circumstances will PWP be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that PWP does not pre-screen content, but that PWP and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Website. Without limiting the foregoing, PWP and its designees will have the right to remove any content that violates these Terms of Use or is deemed by PWP, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Data Transmitted Through the Service: With respect to the data, content or other materials you upload through the Website or share with other users or recipients (collectively, “User Data”), you represent and warrant that you own all right, title and interest in and to such User Data, including, without limitation, all copyrights and rights of publicity contained therein.

You acknowledge and agree that PWP may preserve content and may also disclose content if required to do so by applicable local, state, national or international law, rule, regulation, ordinance, policy, procedure, court order, or other legal process of any governmental authority or agency, securities exchange or other self-regulatory organization of which PWP is a member or by which our activities governed or regulated (“Applicable Law”) or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, Applicable Laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of PWP, its users and the public. You understand that the technical processing and transmission of the Website, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Business Continuity Plan Disclosure Statement

PWP has developed a Business Continuity Plan on how we will respond to events that significantly disrupt our business. Since the timing and impact of disasters and disruptions is unpredictable, we will have to be flexible in responding to actual events as they occur. With that in mind, we are providing you with this information on our business continuity plan.

Our Business Continuity Plan – We plan to quickly recover and resume business operations after a significant business disruption and respond by safeguarding our employees and property, making a financial and operational assessment, protecting the firm’s books and records, and providing our clients with continued support.  In short, our business continuity plan is designed to permit our firm to resume operations as quickly as possible, given the scope and severity of the significant business disruption.

For More Information – If you have questions about our business continuity planning, you can contact us at (203) 621-6621.

General

These Terms of Use constitute the entire agreement between you and PWP and govern your use of the Website, superseding any prior agreements between you and PWP with respect to the Website. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Use will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and PWP agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in New York, New York. The failure of PWP to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Use without the prior written consent of PWP, but PWP may assign or transfer this Terms of Use, in whole or in part, without restriction. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Website may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Website.  You agree that you are not an employee or legal representative of PWP and that these Terms of Use do not create any partnership, joint venture, employment or agency relationship between you and PWP. You will not have the authority to bind PWP to any obligation or commitment.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Website from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at The Private Wealth Partners LLC, 19 Old Kings Highway South, Darien, CT 06820.

Indemnity and Release

You agree to defend, indemnify and hold harmless PWP against any third-party claims, actions or proceedings, damages, losses, costs and expenses (including reasonable attorneys’ fees) resulting from, arising out of, or in connection with, your access or use of the Service, any User Data, your breach of these Terms of Use, your violation of Applicable Law or your negligent acts or omissions and/or willful misconduct.

If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine to the extent permitted under Applicable Law.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PWP ON BEHALF OF ITSELF AND THE OTHER PWP PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITHOUT LIMITATION ANY WARRANTIES CONCERNING ACCESS OR USE OF THE WEBSITE; TELECOMMUNICATIONS, COMPUTERS AND INTERNET USAGE; AND THE USAGE OF INFORMATION POSTED ON THE SITE, WHETHER OR NOT SUCH INFORMATION IS PASSWORD ACCESSIBLE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

PWP ON BEHALF OF ITSELF AND THE OTHER PWP PARTIES MAKE NO WARRANTY THAT (A) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (B) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Website WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PWP PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST TIME, INCOME, REVENUE, GOODWILL, PROFITS, LOSS OF PROFITS, USE, LOSS OF USE, TRADING LOSSES, LOSS OF OTHER COST OR SAVINGS, LOSS OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ANY PWP PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM, ARISING OUT OF, OR IN CONNECTION WITH: (A) THE USE OR THE INABILITY TO USE THE WEBSITE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE WEBSITE. IN NO EVENT WILL ANY PWP PARTY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PWP IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE PWP PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.

Notice for New Jersey Users

IF YOU ARE A USER FROM NEW JERSEY, THE INDEMNITY AND RELEASE, DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY SECTIONS ARE INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF SUCH SECTIONS IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THOSE SECTIONS.