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

This portal may be linked to other websites that are not Cresset websites (“Third-Party Sites”). Certain areas of the portal may allow you to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow you to configure your privacy settings in your Third-Party Site account to permit your activities on this portal to be shared with your contacts in your Third-Party Site account and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on this portal. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than Cresset , and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third-Party Sites.   Cresset is providing links to the Third-Party Sites to you as a convenience, and Cresset does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT CRESSET WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.   Any reference on the portal to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply Cresset’s endorsement or recommendation.

Privacy Policy

We will never rent, sell or trade your personal information to anyone. This Privacy Policy, found here, describes how Cresset treats your personal information (“Information”) when you contact us. Any visitor of the Cresset web site (the “Site”) shall be considered a “User.”

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

We may record non-identifiable information about your use of the portal, including information about browsing activity, data reviewed and other information related to your use of the portal. We may use cookies or other tracking technology to record this and similar information about your activity on the portal. We store, process and maintain data related to you in order to provide you support, offer you services, and disclose information in accordance with applicable regulatory rules from the SEC, FINRA or any other applicable regulatory agencies or self-regulatory organizations. If you do not accept the receipt of these terms we will not be able to accept you as a prospective client that we want to do business with. We may from time to time offer you marketing information via e-mail; if you wish not to receive certain marketing information from us, we will include an “unsubscribe” feature so that you can opt out of such receipt. This will not affect your status as a User. You may not opt out of service notifications or from receipt of disclosures required by law.

We will never sell, rent or trade your Information with any third parties except as required by law. This includes circumstances where we reasonably believe it is necessary or appropriate to investigate, prevent or react to illegal activities, suspected fraud, threatening situations, or violations of our terms and conditions of use. In the event we retain a third party to provide certain services to our portal, we may provide limited information to that third party. All information provided will be subject both to our terms and conditions of use and this Privacy Policy as well as the same policies as set forth by such third party. We will only use reputable vendors and service providers in such circumstances whose privacy and security features are at least as rigorous as our own. Except as required by law or court/arbitrator order, Cresset will maintain your Information in strict confidence.

You may request that we delete any Information by contacting us in writing at info@cressetwealth.com. 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.

Security

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

You agree to indemnify, defend, and hold Cresset harmless from any liability, loss, claim and expense, including attorney’s fees, related to your violation of this TOS or use of the portal. Nothing in these terms of use shall affect any non-waivable statutory rights that apply to you. Cresset reserves the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Cresset’s defense of such matter.

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.

Feedback

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.

General

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.

Contact

We will always provide contact information on our portal. Please contact us at info@cressetwealth.com at any time with any questions about this Privacy Policy or the related terms herein.