Terms of Service
Acceptance of Terms
Cresset Wealth Advisors (“Cresset”) welcomes you to our client portal (the “portal”). We provide this portal to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. By using our portal, you are accepting and agree to be bound by the TOS. If you do not agree, you may not use this portal.
Description of Website
The information contained in this portal has been prepared for informational purposes only, and nothing contained herein constitutes investment advice. Neither the information, nor any opinion contained herein constitutes a solicitation, recommendation or offer by Cresset to buy or sell any security, financial product, or instrument; or to participate in any particular trading strategy in any jurisdiction in which such an offer or solicitation, or trading strategy would be illegal.
Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned. This portal may contain statements that constitute “forward looking statements.” While these statements may represent Cresset’s judgment and expectations, a number of risks, uncertainties and other important factors could cause results to differ materially from those expectations.
You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts. You may want to consult your business advisor, attorney, and tax and accounting advisors concerning any contemplated transactions. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any Cresset service before making any decisions based on the information we provide to you. In exchange for using the portal, you agree not to hold Cresset liable for any decisions you make based on information made available to you through the portal.
Past performance is not a guarantee of future success and returns in any period may be far above or below those of a previous period. No representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
Neither the Securities and Exchange Commissions nor any state securities commission or regulatory authority has passed upon the accuracy or adequacy, or endorsed the merits, of the information contained in this portal.
Third Party Links
By using the portal you consent to receiving electronic communications from Cresset . These electronic communications may include notices and other information concerning or related to the portal. These electronic communications are part of your relationship with Cresset. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Use of Information
You may request that we delete any Information by contacting us in writing at firstname.lastname@example.org. We will ask you to verify your identity and will attempt to make any deletion request effective as soon as is commercially possible. We may retain information connected to your account in accordance with applicable laws. You may decline to provide certain personal information to Cresset, but such decline may disqualify you from using the portal.
Cresset takes reasonable steps to protect your Information from loss, misuse and unauthorized access, alteration, disclosure or destruction. No Internet, e-mail or electronic operating system is ever fully secure or error-free; please take care in deciding what information you share with us.
All content included on this portal, such as graphics, logos, articles and other materials, is the property of Cresset or others and is protected by copyright and other laws. All trademarks and logos displayed on this portal are the property of their respective owners, who may or may not be affiliated with our organization.
Subject to the terms of this TOS, and your compliance with the TOS, Cresset hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the content on the portal and to use this portal solely for your personal use. Except for the foregoing license, you have no other rights in the portal or any content on the portal, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the portal or content in any manner.
If you breach any of this TOS, the above license will terminate automatically and you must immediately destroy any downloaded or printed content from the portal. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Indemnification and Hold Harmless
Disclaimer of Warranties
Your use of this portal is at your own risk. The content has not been may include inaccuracies or typographical or other errors. While we try to make sure the content provided on the portal is accurate, Cresset does not warrant the accuracy or timeliness of the content contained on this portal. Cresset has no liability for any errors or omissions on the portal, whether provided by Cresset, our licensors or suppliers or other users.
ANY WARRANTIES MADE BY CRESSET ARE FOR THE BENEFIT OF THE USER OF THE PORTAL ONLY AND NOT FOR THE BENEFIT OF ANY THIRD PARTY. ANY MATERIALS PROVIDED THROUGH THE PORTAL ARE LICENSED AND NOT SOLD. CRESSET, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS PORTAL, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, OPERABILITY, CONDITION, SYSTEM INTEGRATION, NON-INTERFERENCE, WORKMANSHIP, TRUTH, ACCURACY (OF DATA OR ANY OTHER INFORMATION OR CONTENT), ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PORTAL, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS PORTAL, THE SERVICES, AND MATERIALS , AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PORTAL IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. CRESSET DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability
CRESSET SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS PORTAL. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CRESSET BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF CRESSET KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Local Laws; Export Control
Cresset controls and operates this portal from its headquarters in the United States of America and the information provided may not be appropriate or available for use in other locations. If you use this portal outside the United States of America, you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Cresset , whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the portal or information on the portal, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and Cresset is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that Cresset is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
The laws of the State of Illinois, without regard to the choice or conflicts of law provisions, will govern this TOS. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Any disputes relating to this TOS or the portal will be heard in the courts located in Cook County in the State of Illinois. If any of this TOS is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Cresset’s failure to enforce any of this TOS is not a waiver of such term. This terms in this TOS are the entire agreement between you and Cresset and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Cresset about this portal. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of the TOS.