WEBSITE TERMS AND CONDITIONS
LAST UPDATED: February 9, 2011
TERMS OF USE
Trellis Wealth Advisors (“Trellis” or “we” or “us” or “our”) is providing this website (the “Site”) for informational purposes. Use of and access to this Site and the information, materials, services, and other content made available on or through the Site (collectively, the “Content”) are subject to these Terms of Use (“Terms”) as well as all applicable laws, and such use and access shall constitute your acceptance of a legally binding agreement between you and Trellis in accordance with these Terms.
MODIFICATIONS
We reserve the right to update or make changes to these Terms from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of these Terms on the Site. You can determine when these Terms were last revised by referring to the “LAST UPDATED” legend at the top of these Terms. When using any particular Content, you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Content, which are hereby incorporated by reference into this agreement.
JURISDICTIONAL ISSUES
The Site is controlled and operated by Trellis from the United States, and is not intended to subject Trellis to the laws or jurisdiction of any state, country or territory other than that of the United States. Trellis does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
RULES OF CONDUCT
While using the Site and the Content you will comply with all applicable laws, rules and regulations. Your use of the Site and Content is conditioned on your compliance with the rules of conduct set forth in this Section 4. You agree that you will not:
• Use the Site or Content for any fraudulent or unlawful purpose.
• Interfere with or disrupt the operation of the Site or Content or the servers or networks used to make the Site and Content available; or violate any requirements, procedures, policies or regulations of such networks.
• Restrict or inhibit any other person from using the Site or Content (including without limitation by hacking or defacing any portion of the Site or Content).
• Use the Site or Content to advertise or offer to sell or buy any goods or services without Trellis’s express prior written consent.
• Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site or Content.
• Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site or Content.
• Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site or Content.
• Frame or mirror any part of the Site or Content without Trellis’s express prior written consent.
• Create a database by systematically downloading and storing any Content.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Content or reproduce or circumvent the navigational structure or presentation of the Site without Company’s express prior written consent.
NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent or agreement that you transmit on or through the Site or any other aspect of Trellis’s services that you access by computer or other electronic device, including internet, telephonic and wireless devices, including but not limited to any consent you give to receive communications from us solely through electronic transmission. You agree that, when in the future you click on a “Submit” or “I agree” or other similarly worded “button” or entry field with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
NO INVESTMENT ADVICE
The Content provided on the Site is for informational purposes only, you should not construe any such information or other Content as legal, tax, investment, financial, or other advice. Nothing contained on our Site constitutes a solicitation, recommendation, endorsement, or offer by Trellis or any third party service provider to buy or sell any securities or other financial instruments.
All Content on this site is information of a general nature and does not address the circumstances of any particular individual or entity. Nothing in this Site constitutes professional and/or financial advice, nor does any information on this Site constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. Trellis is not a fiduciary by virtue of any person’s use of or access to the Site or any Content. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or other Content on the Site before making any decisions based on such information or other Content. In exchange for using the Site, you agree not to hold Trellis, its affiliates or any third party service provider liable for any possible claim for damages arising from any decision you make based on information or other Content made available to you through the Site.
LIMITED RIGHT OF USE/OWNERSHIP OF CONTENT
You are permitted to use the Site and Content for your personal, noncommercial use only. The Site and Content are and shall remain the property of Trellis and is protected by copyright, trademark, patent, and/or other intellectual property and proprietary rights and laws. You may use the Site and Content for your personal, noncommercial use, provided that you keep intact all copyright, trademark, patent and other proprietary notices. Except as expressly authorized in advance by Trellis in writing, you agree not to reproduce, modify or create derivative works based on, rent, lease, loan, sell, distribute, publish, publicly perform or display, reverse engineer, decompile or dissemble, all or any part of the Site or any Content.
Trade names, trademarks and service marks of Trellis include, without limitation, Trellis Wealth Advisors and any associated logos. All trademarks and service marks on the Site not owned by Trellis are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Trellis’s trade names, trademarks or service marks without our express prior written consent.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Trellis and its affiliates, and their respective officers, directors, employees, members, agents, information providers, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all claims, losses, costs and expenses (including attorneys fees) arising out of or relating to (a) any breach (or claim, that if true, would be a breach) by you of these Terms and (b) your use of or activities in connection with the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without our prior written approval.
DISCLAIMERS
THE SITE, INCLUDING ALL CONTENT, IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE AND CONTENT, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT AVAILABLE THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRELLIS AND ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, AGENTS, REPRESENTATIVES, LICENSORS, ADVERTISERS, SUPPLIERS AND SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, USEFULNESS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
LIMITATION OF LIABILITY
TRELLIS AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, AGENTS, REPRESENTATIVES, LICENSORS, ADVERTISERS, SUPPLIERS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR LOSS OF OTHER INTANGIBLES. IN PARTICULAR, AND WITHOUT LIMITATION, TRELLIS AND ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, AGENTS, REPRESENTATIVES, LICENSORS, ADVERTISERS, SUPPLIERS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE AND CONTENT IS TO STOP USING THE SITE AND CONTENT.
While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site or any Content will be or remain secure, complete or correct, or that access to the Site or any Content will be uninterrupted or error free. The Site and Content may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Site or Content. If you become aware of any unauthorized third party alteration to the Site or Content, contact us at info@trelliswealth.com with a description of the material(s) at issue and the URL or location on the Site where such problem(s) appear.
THIRD PARTY LINKED SITES
As a convenience to you, Trellis may provide, on the Site, hyperlinks to web sites operated by third parties. When you select these hyperlinks you will be leaving the Trellis site. Because Trellis has no control over such sites or their content, you acknowledge and agree that Trellis and its affiliates, and their respective employees, officers, directors, shareholders, partners, agents, representatives, licensors, advertisers, suppliers and service providers are not responsible for the availability of such external sites or content, and Trellis and its affiliates, and their respective employees, officers, directors, shareholders, partners, agents, representatives, licensors, advertisers, suppliers and service providers neither endorse nor are responsible or liable for any such sites or content, including advertising, products or other materials, on or available through such sites or resources. Other web sites may provide links to the Site or Content with or without our authorization. You acknowledge and agree that Trellis and its affiliates, and their respective employees, officers, directors, shareholders, partners, agents, representatives, licensors, advertisers, suppliers and service providers do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site or any Content, or for any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. Trellis shall have the right, at any time and in its sole discretion, to block links to the Site and Content through technological or other means without prior notice.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND CONTENT, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND CONTENT.
TERMINATION
Trellis, in its sole discretion, may terminate your access to or use of the Site and Content, at any time and for any reason, including if Trellis believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination, your right to use the Site and Content will immediately cease. You agree that any termination of your access to or use of the Site and Content may be effected without prior notice, and that Trellis may immediately bar any further access to the Site or the Content. You agree that Trellis shall not be liable to you or any third party for any termination of your access to the Site or Content, or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Except for the license to access and use the Site and Content granted to you in Section 7 (which shall terminate as set forth above), the rights and obligations of the parties as set forth in these Terms will survive any such termination.
