Legal Disclaimer FINSER GROUP

7/28/2019 Legal Disclaimer FINSER GROUP

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FINSERGROUPLEGAL DISCLAIMER

Finser

International

Corporation,

its

subsidiaries

and

affiliates

(collectively,

“FINSER”),

requires

all

visitors to this website and the sites owned and operated by FINSER on the World Wide Web,

(collectively, the “Website”) as well as Emails received, to adhere to the following terms and conditions.

Email messages (including any attachments), contains confidential information intended for a specific

individual and purpose, and is protected by law. If you are not the intended recipient, you should delete

the message. The contents of a message is based on information available to the public and of sources

deemed to be reliable. However, no guarantees can be made about the exactness of the information,

which could be incomplete or condensed. The opinions are of the author on the date it was sent, and

may change without the need of notification. A message is only for information purposes and its

intention is not to offer or to solicit the purchase or sale of any security or investment. A message

cannot be reproduced partially or totally without the written consent of the author.

By accessing and/or using the Website and the information, content, forms, photographs, graphics,

software or other products or services available by or through the Website (the “Content”), you

acknowledge that you have read and agree to be bound by these Terms of Use (the “TOU”), and that, to

the extent applicable, the TOU supplements your existing Client Agreement(s), if any, with FINSER.

Please read the following terms and conditions carefully.

1.Parties. As used herein, the term "You" and "Your" shall mean You, individually, and each other party

on whose behalf You may Use the Website at any time. All references to "We", "Us" or "Our" shall refer

to FINSER. The Website is operated by FINSER Financial, Inc.

2.Usage and Proprietary Rights. All right, title and interest in this Website and the Content is the

exclusive property of FINSER, except as otherwise expressly stated. We grant You, for the term of this

TOU, a personal,

limited,

non

‐exclusive,

revocable

(at

any

time),

non

‐transferable

and

non

‐

sublicenseable license to access the Website and the Content subject to this TOU. You have no

ownership rights in the Content, which is owned by Us or Our licensors, and are protected under

copyright, trademark and other intellectual property laws and other applicable laws. You receive no

copyright or any other intellectual property right in or to the Content, except as provided above. You

may use the Content only for Your personal and non‐commercial use. You may not modify, copy,

distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from,

transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any

Content, including, but not limited to, any information, software, products or services obtained from the

Website, except for the purposes expressly provided herein, without Our prior written approval. You

acknowledge that We may provide certain portions of the Content under license from Third Party

Providers, and You agree to comply with any additional restrictions on Your usage that We may

communicate to You from time to time, or that are otherwise the subject of an agreement between You

and such licensors. We retain exclusive control over the Content, and reserve the right, at any time and

in Our sole discretion, without prior notice to You, to (a) change, suspend or discontinue all or a portion

of the Content; (b) impose limits on, restrict or terminate Your access to all or a portion of the Content;

or (c) terminate Your license at any time and for any reason. You agree that We may monitor Your use of

the Content.

3.Restricted Content. All trademarks, service marks, slogans, logos, trade dress and other identifiers

(“Marks”) displayed on the Website are the property of FINSER, or of other parties. The names of other



companies and third party products or services mentioned on the Website may be the trademarks or

service marks of their respective owners. The Marks are protected by U.S. and foreign trademark,

common law rights and statutes. You are prohibited from using any Marks for any purpose including,

but not limited to, use on other materials, in presentations, as domain names, or as metatags, without

the express written permission of FINSER or such other party that may own the marks.

4.Copyright Notifications. Pursuant to Section 512(c)(2) of the Copyright Act, FINSER designates the

following agent to receive notifications of claimed infringement: Avila Rodriguez Hernandez Mena &

Ferri LLP, 2525 Ponce de Leon Blvd., Penthouse 1225, Coral Gables, Florida 33134, [email protected].

5.Additional Terms. Certain sections of or Website may contain separate terms and conditions, which

are in addition to these TOU. You should read those additional terms and conditions carefully. By

accessing such sections or pages, you agree to be bound by those terms and conditions. In the event of a

conflict, those additional terms and conditions will govern your Use of those sections or pages. You may

be asked to execute supplemental agreements, in paper or electronic form, before You are permitted to

access or use certain features or functionality within the Website (each, a "Supplemental Agreement").

In the case of Supplemental Agreements presented to You online, You authorize Us to rely upon

"checks" or “clicks” in designated locations that are attributable to Your Password as Your consent to

the terms of such Supplemental Agreements. This TOU is in addition to any Supplemental Agreement

and is

not

intended

to

supersede

or

modify

any

such

Supplemental

Agreement.

6.No Investment Advice or Offers. Nothing in the Website constitutes investment advice, including

FINSER filings with the Securities and Exchange Commission, or recommendations as to the suitability of

any specific product or security. All Content is provided for Your convenience and information only, and

no such Content shall constitute an offer to sell or a solicitation of an offer to buy any security. Prior to

the execution of any transaction by You involving information You received from this Website, You

should consult your financial, business, tax and accounting advisors and your attorney, with respect to

the price, suitability, value, risk or other aspects of any stock, mutual fund, security or other investment.

Pricing and other information generated through the use of data or services made available herein may

not reflect actual prices or values that would be available in the market at the time provided or at the

time that the user may want to purchase or sell a particular security or other instrument. The Content

provided

on

this

Website

are

not

provided

to

and

may

not

be

used

by

any

person

or

entity

in

any

jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations

of any governmental authority or regulatory or self ‐regulatory organization or clearing organization or

where FINSER is not authorized to provide such information or services.

7.Market Information. We may make available to you through the Website a broad range of financial

information that we obtain from our agents, vendors or partners ("Third Party Providers"). This may

includes financial market data, quotes, news, analyst opinions and research reports (collectively,

"Market Information"). We do not endorse or approve the Market Information, and we make it available

to you only as a convenience. FINSER and our Third Party Providers do not (a) guarantee the accuracy,

timeliness, completeness or correct sequencing of the Market Information; or (b) warrant any results

from your use or reliance on the Market Information. Market Information may quickly become

unreliable for various reasons including, for example, changes in market conditions or economic

circumstances. Neither

Us

nor

the

Third

Party

Providers

are

obligated

to

update

any

information

or

opinions contained in any Market Information, and we may discontinue offering Market Information at

any time without notice. You agree that neither FINSER nor the Third Party Providers will be liable in any

way for the termination, interruption, delay or inaccuracy of any Market Information. You will not

redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market

Information to anyone who is not authorized by FINSER to receive it. If You are a securities broker,

dealer, banker or investment advisor, You agree not to use the Market Information provided by Us for

any purpose related to your business.



8.Dated and Forward‐Looking Statements. Certain information on the Website may contain certain

forward‐looking statements, which are subject to risks and uncertainties and speak only as of the date

on which they are made. The words “believe”, “expect”, “anticipate”, “optimistic”, “intend”, “aim”,

“will” or similar expressions are intended to identify forward‐looking statements. You are cautioned not

to place undue reliance on these forward‐looking statements. Any dated information is published as of

its date only. Dated and forward‐looking statements speak only as of the date on which they are made.

We undertake no obligation to update publically or revise any dated or forward‐looking statements.

9.Unauthorized Use. Unauthorized use of the Website, Content, or Our systems, including, but not

limited to, unauthorized entry into Our systems, misuse of passwords or misuse of any other

information, is strictly prohibited. Access to and use of password protected and/or secure areas of the

Website is restricted to authorized users only. Unauthorized persons attempting to access these areas of

the Website may be subject to prosecution. You may not use the Website or the Content in any manner

that could damage, disable, overburden, or impair any FINSER website or service or interfere with any

other party’s use and enjoyment of the Website or the Content. You shall not introduce, nor permit any

person to introduce into the Website or Content, any code or malicious or hidden mechanisms that

would impair the operation of the Website or Content, or of Our computers, networks, or other devices

or software. FINSER prohibits caching, unauthorized hypertext links to the Website, and the framing of

any Content

available

on

the

Website.

We

reserve

the

right

to

disable

any

unauthorized

links

or

frames

and specifically disclaims any responsibility for the Content available on any other websites linked to Our

Website.

10.Third Party Links. Certain links may let you leave the FINSER Website. The linked websites are not

under the control of FINSER and We are not responsible for the content of any linked website or any link

contained in a linked website, or any changes or updates to such websites. FINSER is providing these

links to you only as a convenience, and the inclusion of any link does not imply endorsement,

investigation, verification or monitoring by Us of such third party website.

11.Change to Terms and Conditions. We reserve the right to add, delete or otherwise modify the TOU

(or any Supplemental Agreements) at any time without notice to You. The most current version of the

TOU can be reviewed by clicking on the “Terms of Use” link located at the bottom of this Website. Any

continued

use

of

the

Website

after

such

additions,

deletions

or

modifications

shall

be

deemed

to

constitute acceptance by you of the additions, deletions or modifications.

12.Representations and Warranties. You represent and warrant, each time You access the Website or

use the Content, that (a) You have the power and authority (including under any applicable investment

restrictions or guidelines and on behalf of any party for whom You are using the Services) to enter into

and perform Your obligations under this TOU and this TOU is Your legal, valid, binding and enforceable

obligation; (b) You have agreed to be bound by the terms of this TOU; (c) You shall only use the Website

and the Content in accordance with this TOU, any applicable Supplemental Agreement and applicable

law; and (d) if You are accessing the Services on behalf of another party, You assume all fiduciary,

regulatory and other requirements and duties that may apply to Your relationship to such party.

13.DISCLAIMER OF WARRANTIES. THE Services on this Website are provided on an “as is,” “Where is”

and “Where available” basis. ALTHOUGH FINSER TRIES TO PROVIDE ACCURATE AND TIMELY

INFORMATION on

its

website,

THERE

MAY

BE

INADVERTENT

TECHNICAL

OR

FACTUAL

INACCURACIES

AND TYPOGRAPHICAL ERRORS. FINSER RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT

ANYTIME AND WITHOUT NOTICE. NEITHER WE NOR ANY THIRD PARTY PROVIDER THAT CONTRIBUTES IN

ANY MANNER TO THE CONTENT MAKES ANY REPRESENTATION OR WARRANTY WHATSOEVER,

INCLUDING WARRANTIES (A) WITH RESPECT TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE

CONTENT; OR (B) THAT THE CONTENT SHALL BE UNINTERRUPTED OR ERROR FREE. FURTHER, WE AND

ANY THIRD PARTY PROVIDER THAT CONTRIBUTES IN ANY MANNER TO THE CONTENT DISCLAIM ANY

EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON‐



INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE RELATING TO THE

CONTENT. YOU ASSUME THE ENTIRE RISK TO THE USE OF THE WEBSITE AND THE CONTENT.

14.LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FINSER

FINANCIAL, INC. OR ITS AFFILIATES, SUBSIDIARIES OR CONTROLLING ENTITIES OR THEIR THIRD PARTY

PROVIDERS, CONTRACTORS OR TECHNOLOGY OR CONTENT PROVIDERS OR THEIR RESPECTIVE OFFICERS,

DIRECTORS, OWNERS, AGENTS AND EMPLOYEES (THE "FINSER PARTIES") HAVE ANY LIABILITY TO YOU

OR ANY OTHER PERSON FOR ANY COSTS, LIABILITIES OR DAMAGES OF ANY KIND, WHETHER DIRECT,

INDIRECT, (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES OR DAMAGES THAT

RESULT FROM USE OR LOSS OF USE OF THE CONTENT, INCONVENIENCE OR DELAY), CONSEQUENTIAL OR

PUNITIVE (TOGETHER, "COSTS"), ARISING OUT OF, OR IN CONNECTION WITH, THIS TOU OR THE

PERFORMANCE OR BREACH OF THIS TOU, YOUR OR ANY OTHER PERSON’S USE OF, OR INABILITY TO

ACCESS THE CONTENT, OR FOR ANY INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR

SERVICE MADE AVAILABLE TO YOU VIA THE WEBSITE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF

THE FORM OF ACTION, WHETHER BASED ON STATUTE OR ARISING IN CONTRACT, INDEMNITY,

WARRANTY, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), REGARDLESS OF WHETHER ANY

FINSER PARTY KNOWS OR HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES, AND

WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE

CONTROL OF

FINSER

OR

ANY

THIRD

PARTY

PROVIDER

OF

SOFTWARE

OR

SERVICES.

THIS

LIMITATION

OF

LIABILITY IS IN ADDITION TO ANY OTHER LIMITATION PROVIDED IN ANY APPLICABLE ACCOUNT SERVICE,

SUPPLEMENTAL AGREEMENT OR ANY OTHER AGREEMENT. This limitation oF liability includes, but is not

limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or

electronic equipment or communication lines, telephone or other interconnect problems (e.g., you

cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or

other labor problems or any force majeure.

15.Your indemnification Obligations. You agree to defend, indemnify and hold FINSER, and its directors,

officers, employees, and agents harmless from and against all claims and expenses, including attorneys’

fees, arising out of the use of the Website, or its Content, by You.

16.Governing Law. This TOU will be governed by Florida law without giving effect to principles of conflict

of

law.

Any

party

bringing

legal

action

or

proceeding

against

the

other

for

any

dispute

or

controversy

between the parties arising out of or relating to this Website, the Content, or the use thereof, shall bring

the legal action or proceeding (i) in the United States District Court for the Middle District of Florida; or

(ii) in any court of the State of Florida sitting in Miami‐Dade county, if there is no federal subject matter

jurisdiction. You acknowledges that any violation of the terms of this TOU, or misuse of the Website or

the Content, or infringement of any Mark may cause FINSER irreparable harm, the amount of which may

be difficult to ascertain, and therefore You agree that FINSER shall have the right to apply to a court of

competent jurisdiction for an order enjoining any such further misappropriation and for such other relief

as FINSER deems appropriate. This right of FINSER is to be in addition to the remedies otherwise

available to FINSER.

17.Waiver of Trial by Jury. EACH PARTY, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY VOLUNTARILY

AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR OTHER LEGAL

PROCEEDING AGAINST

THE

OTHER

FOR

ANY

DISPUTE

OR

CONTROVERSY

BETWEEN

THE

PARTIES

ARISING OUT OF OR RELATING TO THIS WEBSITE, THE CONTENT, OR THE USE THEREOF. THIS WAIVER

APPLIES TO ANY ACTION OR LEGAL PROCEEDING, WHETHER SOUNDING IN CONTRACT, TORT OR

OTHERWISE.

18.Third Party Beneficiaries. To the extent the Content contains data or information provided by Third

Party Providers or are otherwise contributed to by Third Party Providers, such Third Party Providers shall

be considered third party beneficiaries of this TOU for purposes of Sections 12, 13 and 14.



19.Assignment; Waiver. You may not assign, sublicense, delegate, subcontract or otherwise transfer

Your rights, duties and obligations under this TOU to a third party without Our express written consent.

Any instrument purporting to make an assignment or other transfer in violation of this provision shall be

null and void. Any forbearance or delay on the part of either party hereto in enforcing any provision of

this TOU or any of its rights hereunder shall not be construed as a waiver of such provision or of a right

to enforce same for such occurrence or any future occurrence.

20.Entire Agreement. This TOU, together with any and all Supplemental Agreements and applicable

Account or Client Agreements, constitute the entire agreement between You and Us with respect to

your use or access of the Website or the Content.

21.Severability. If for any reason a court of competent jurisdiction finds any provision of this TOU, or

portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent

permissible so as to affect the intent of this TOU, and the remainder of this TOU shall continue in full

force and effect.

22.Miscellaneous. Any cause of action with respect to the Website or the Content must be commenced

by You within one year after the claim or cause of action arises. The rights and remedies of the parties

hereunder are cumulative and are in addition to, and not in lieu of, all rights and remedies available at

law and in equity.

23.Commitment to

Privacy.

FINSER

is

committed

to

protecting

confidentiality

of

the

information

furnished to You.

24. PRIVACY NOTICE

Maintaining your trust and confidence is a high priority. That's why we want you to understand how

your privacy is protected. This Privacy Notice is issued by Finser.

In connection with providing you with investment advisory services, we collect nonpublic personal

information about you such as, as applicable, your name in combination with your social security

number, driver’s license number, passport number or other government‐issued identification

number, date

of

birth,

assets,

income,

tax

information,

beneficiary

information,

personal

bank

account information, account numbers for other financial accounts you may hold, and transactional

history. We collect such information from your account application and other forms that you may

deliver to us and from the securities transactions executed in your advisory accounts. This is

information that regulators consider necessary for the proper servicing of your account. We restrict

access to nonpublic personal information about you to only those employees who need to know

that information to provide products and services to you, and we maintain physical, electronic, and

administrative safeguards that comply with federal standards to maintain the security of your

nonpublic personal information.

In order to manage your investment portfolio(s), effect transactions in your advisory account, and to

service your account properly, we may disclose all of the information that we collect, as described

above, to firms that assist us in servicing your account, such as the executing broker/dealer(s), their

clearing broker/dealer(s), and any other custodian you may appoint.

All records containing your nonpublic personal information are kept at our offices and may also be

kept at those companies with whom we associate in order to service your account, including the

executing broker/dealers. These service providers are required to protect the confidentiality of your

information and to use the information only for the purposes for which disclosure to them is made.

Your nonpublic personal information may be shared among the entities described in this Privacy



Notice, their affiliates, and their non‐affiliates who provide transfer agent services, custody services,

clearing services or other services related to the management and servicing of your account.

We do not share nonpublic personal information about present or former customers to non‐

affiliated third parties other than those identified in this Privacy Notice, except as permitted or

required by law to, for example: effect, administer or enforce a transaction in your account; protect

the security and integrity of our records; protect our rights and property and the rights and property

of others; take precautions against liability; respond to claims that your information violates the

rights and interests of third parties; take actions required by law or to respond to judicial process;

assist with detection, investigation or reporting of actual or potential fraud, misrepresentation or

criminal activity; and provide information to law enforcement agencies or for an investigation on a

matter related to public safety.

If you decide to close your account(s) or become an inactive customer, we will continue to adhere to

the privacy policies and practices set forth above.

Documents

Legal Disclaimer FINSER GROUP