AssetMark WEBSITE TERMS AND CONDITIONS OF USE
Please Read These Terms Carefully Before Using This Site
AssetMark, Inc., AssetMark Trust Company (“AssetMark Trust”), their affiliates and subsidiaries (collectively "AssetMark”) provide this website (the "Site"), subject to the following Terms and Conditions of Use, which may be updated from time to time without notice. This Site provides you with certain services, including but not limited to, access to information about the products and services offered by AssetMark, and may provide you with information regarding other financial and consumer services and products offered by AssetMark and separately its affiliates or subsidiaries ("Affiliates") and other third party providers either directly or through AssetMark ("Providers"). Use of this Site and the services are subject to the Terms and Conditions of Use and all applicable laws. Certain areas within this Site may be subject to additional or different terms and conditions of use, which are posted in those areas. Not all of the services and materials described on this Site are available for use in all geographic areas of the United States or in all countries where AssetMark conducts business. By using the Site, you agree to abide by all of the terms and conditions set forth in this notice. Unless stated otherwise, any new services and materials added to this Site also will be covered by these Terms and Conditions of Use.
PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY INFORMATION CONTAINED ON THIS WEBSITE. YOUR ACCESS AND USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW.
Subject to the terms and conditions set forth in this Agreement, AssetMark grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. AssetMark authorizes you to view and download the information ("Materials") at this Site only for your individual use or as is otherwise expressly permitted by your agreement(s) with AssetMark. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose (other than for your own benefit or as expressly permitted by your agreement(s) with AssetMark); and 3) you must not transfer the Materials to any other person. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time.
THE INFORMATION ON THIS SITE IS NOT AN OFFER BY OR ON BEHALF OF ASSETMARK OR ITS AFFILIATES TO SELL OR SOLICIT AN OFFER TO BUY ANY SECURITY OR OTHER SERVICES.
No Professional Advice
Except as expressly provided in your agreement(s) with AssetMark, the information available on the Site is intended to be a general information resource regarding the matters covered, but is not offered as legal, accounting, tax or other financial advice, and is not tailored to a customer's specific circumstances. ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS SITE SHOULD BE EVALUATED IN CONSULTATION WITH A LEGAL, ACCOUNTING, TAX, INVESTMENT OR OTHER FINANCIAL SPECIALIST.
This Site, including all Materials, is copyrighted and protected by worldwide copyright, trademark and intellectual property laws and treaty provisions. You agree to comply with all such laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, AssetMark does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information. AssetMark and the AssetMark logo are service marks/trademarks of AssetMark, Inc.
Access, Passwords and Security
You will be responsible for the confidentiality and use of your log in credentials and password. You agree not to hold AssetMark liable for any damages of any kind resulting from your decision to disclose your log in credentials or password to any third party, including, but not limited to, entities that aggregate account information or website content, or persons who are or claim to be acting as your agent, proxy or advisor. If you inform AssetMark or AssetMark has reason to believe that the security of your log in credentials or password may be or has been compromised, AssetMark has the right to terminate your use of this Site. You will be responsible for all activity conducted through and under your log in credentials or password, and any instructions so received by AssetMark will be deemed to have been received from you. You agree to notify AssetMark immediately if you become aware of any loss, theft or unauthorized use of your log in credentials or password.
AssetMark Trust Statements and Communications
If you use AssetMark Trust as your custodian, you can access your AssetMark Trust statements and other regulatory communications in the Document Vault.
Practice Management Materials
This Site may contain practice management and succession planning materials. These materials were developed by AssetMark or certain third parties at the request of AssetMark. These materials are for general purposes only and are not to be relied upon as legal or tax advice or investment advisory services. You should consult with your tax and business advisors and a licensed attorney. Your use of these materials does not establish any agent, advisor, broker, attorney-client or other special relationship between you and those who developed these materials. All materials are provided “as-is” with no representations, warranties or guarantees of any kind.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (1) YOUR USE OF THIS SITE AND THE SERVICES AND MATERIALS PROVIDED AT THE SITE ARE AT YOUR SOLE RISK, AND (2) THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. ASSETMARK, ITS AFFILIATES AND THE PROVIDERS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON THE MATERIAL OR ANY OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK.
ASSETMARK, ITS AFFILIATES AND THE PROVIDERS (AS TO THEIR MATERIALS ONLY) RESERVE THE RIGHT, IN THEIR SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. WE USE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE INFORMATION. WE RESERVE THE RIGHT, HOWEVER, TO MAKE CORRECTIONS AND/OR CHANGES SHOULD THIS INFORMATION PROVE TO BE INACCURATE. ASSETMARK , ITS AFFILIATES AND THE PROVIDERS (AS TO THEIR MATERIALS ONLY) MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE, THE SERVICES, INFORMATION AND MATERIALS ON THE SITE AS WELL AS ANY SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES. THEREFORE SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY AND INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD ASSETMARK AND ITS AGENTS, EMPLOYEES, AND LICENSORS, INCLUDING THE PROVIDERS, HARMLESS FROM ANY CLAIM, DEMAND, LOSS, COSTS, OR EXPENSE, INCLUDING ATTORNEY'S FEES MADE BY ANY PERSON ARISING OUT OR YOUR VIOLATION OF THIS AGREEMENT, STATE OR FEDERAL SECURITIES LAWS OR REGUATIONS, OR ANY OTHER PERSON'S RIGHTS, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF ANY COPYRIGHT OR VIOLATION OF ANY PROPRIETARY OR
YOU UNDERSTAND AND AGREE THAT ASSETMARK, ITS AFFILIATES AND THE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES, COSTS OR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM: (i) YOUR USE OF OR INABILITY TO USE THE SITE, THE SERVICES, OR MATERIALS, OR (ii) OBTAINING SUBSTITUTE PRODUCTS AND/OR SERVICES, OR (iii) THE USE OF ANY DATA, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, OR (iv) ANY STATEMENT OR CONDUCT OF ANY THIRD PARTY, OR (v) ANY OTHER MATTER RELATED TO THE SITE, THE SERVICES OR MATERIALS.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
Third Party Service Providers
AssetMark may use Providers to assist in providing the Materials, with or without notice to you. Providers may also provide market information, including but not limited to,financial market data, quotes, news, analyst opinions and research reports as well ("Market Information"). AssetMark does not endorse or approved Market Information, but makes it available to you as a service and convenience. AssetMark and Providers do not: (i) guarantee the accuracy, timeliness, completeness or correct sequencing of Market Information; or (ii) warrant any results from your use or reliance on Market Information. You agree that neither AssetMark nor the Providers will be liable to you 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 AssetMark to receive Market Information. You consent and authorize AssetMark to delegate the authorizations you provide to AssetMark, to its Providers as AssetMark deems necessary or desirable to provide the Materials to you. You agree that these Terms and Conditions of Use inure to the benefit of such Providers and that such Providers are deemed to be third party beneficiaries of these Terms and Conditions of Use.
Third Party Sites
External Links to the Site
All links to the Site must be approved in writing by AssetMark, except that AssetMark consents to links in which: (i) the link is a text-only link containing only the name "AssetMark," (ii) the link "points" only to assetmark.com and not to deeper pages: (iii) the link, when activated by a user, displays the linked page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and (iv) the appearance, position and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by AssetMark nor be such as to damage or dilute the goodwill associated with the name and service marks/trademarks of AssetMark or its Affiliates. AssetMark reserves the right to revoke this consent to link at any time in its sole discretion.
There is always the possibility of unknowingly acquiring computer viruses on the internet and thus we want to warn you about infections or viral contamination on your system. It is your responsibility to scan any and all downloaded materials received from the internet. AssetMark and its Affiliates are not responsible or liable for any damage caused by viruses or related hazards, whether or not that virus or hazard resulted from a visit to this Site. You, and not AssetMark assume the entire cost of all necessary servicing, repair or correction related to computer viruses.
Potential Disruption of Service
Access to this Site may from time to time be unavailable, delayed, limited or slowed due to, among other things:
- hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
- software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
- overload of system capacities;
- damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
- interruption (whether partial or total) of power supplies or other utility of service;
- strike or other stoppage (whether partial or total) of labor;
- governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
- any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of AssetMark.
Termination of Access
AssetMark reserves the right to terminate, without prior notice to you, your access to this Site in its sole discretion, including without limitation, for overuse or abuse of this Site.
Information Provided By You
In order to use certain Services on this Site, you may have to register. You agree to provide true, accurate and current information about yourself as prompted by the registration and application forms on this Site. If any information you provide is untrue, inaccurate, incomplete or not current, or if AssetMark has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, AssetMark, in its sole discretion, has the right to suspend or terminate your access to the Site. Further, you agree that AssetMark will not be liable to you or any third party if AssetMark terminates your access to the Site, and the Services or Materials thereon, for any reason.
Except for the information you submit during the registration process, during the use of any service offered through this Site or password protected areas of this Site (the "Permitted Information"), AssetMark does not want you to, and you should not, send any confidential or proprietary information to AssetMark via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to AssetMark other than the Permitted Information will not be considered confidential or proprietary. By providing any such information or materials to AssetMark, you grant to AssetMark an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit, distribute and sub-license to others such information and materials, and you further agree that AssetMark is free to use, and allow others to use, any ideas, concepts or know-how that you or individuals acting on your behalf provide to AssetMark. You further recognize that AssetMark does not want you to, and you warrant that you shall not, provide any information or materials to AssetMark that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.
This Site may include bulletin boards and chat rooms ("Bulletin Boards"), which allow feedback to AssetMark and real-time interaction between users. AssetMark does not control the messages, information or files delivered to Bulletin Boards. It is a condition of your use of the Bulletin Boards and this website that you do not:
- restrict or inhibit any other user from using and enjoying the Bulletin Boards;
- post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
- post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
- post or transmit any virus or any information, software or other material which contains a virus or other harmful component;
- post, or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising.
You understand that AssetMark has no obligation to monitor the Bulletin Boards. However, AssetMark reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in AssetMark’s sole discretion are objectionable or in violation of these Terms and Conditions of Use.
Notices from AssetMark to you regarding your use of the Site, the Services and Materials will be made by email or regular mail, in the sole discretion of AssetMark, unless otherwise required by law or contract.
AssetMark reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions of Use in whole or in part, at any time without notice. You should periodically revisit this Site to review the current terms and conditions by which you are bound. Changes in these Terms and Conditions of Use will be effective when posted. Your continued use of the Site, the Services and Materials after any changes to these Terms and Conditions of Use are posted will be considered acceptance of the changes.
AssetMark may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time without notice. AssetMark may also impose limits on certain features and services or restrict your access to all or parts of the Site without notice or liability. AssetMark may terminate the authorization, rights and license given above.
The Terms and Conditions of Use constitute the entire agreement between AssetMark and you in connection with your use of this Site, the Services and the Materials. Any cause of action you may have with respect to your use of this Site, the Services or the Materials must be commenced within one (1) year after the claim or cause of action arises. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms and Conditions of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions of Use, and the remainder of the Terms and Conditions of Use shall continue in full force and effect. In the event of termination, the disclaimers and limitations of liabilities set forth in the Terms and Conditions of Use will survive.
The Terms and Conditions of Use will be deemed to include all other notices, policies, disclaimers and other terms contained in this Site and in other contracts that you may have executed with AssetMark.
International Users and Choice of Law
This Site is controlled, operated and administered by AssetMark from its offices within the United States of America. AssetMark makes no representation that materials at this Site are appropriate or available for use at other locations outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of United States' export laws and regulations. If you access this Site from a location outside the United States, you are responsible for compliance with all local laws.
This Agreement constitutes the entire agreement between AssetMark and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must commence within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
These Terms and Conditions of Use shall be governed by the laws of the State of California, United States of America, without giving effect to its conflict of laws provisions.