EFFECTIVE DATE: AUGUST 17, 2009
ACCESS TO THE PUBLIC PORTION OF THIS SITE
RESTRICTED ACCESS TO PRIVATE PORTION OF THIS SITE
The private portion of this Site is intended for access and use only by (i) authorized employees of CPS Investment Advisors who have received a unique login name and password, and have a need to access and use this Site for internal business purposes, and (ii) independent Registered Investment Advisor firms that have entered into a written Service Agreement with CPAllianceTM (“CPAllianceTM Clients”), received a unique login name and password, and have a need to access and use this Site in accordance with the terms and conditions of the Service Agreement. If you are not an authorized employee of CPS Investment Advisors or a CPS Client, you may access and use this Site solely with express written permission (including a unique login name and password) from an authorized representative of CPS Investment Advisors, and solely for the limited purpose and during the limited duration for which such permission has been granted. No other persons may access or use the private portion of this Site for any purpose whatsoever.
PROTECTING ACCESS TO THE PRIVATE SITE
Your login name and password for this Site is unique to you, and may not be shared with any other person. You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify us promptly if you become aware of any unauthorized use of your login name and password or unauthorized access to this Site. Always be sure to log out of this Site and close the Web browser window at the end of each session. These safety practices are particularly important if you access this Site from a public computer terminal. We cannot and do not guarantee that this Site will be totally secure.
USE OF THIS SITE BY CPS CLIENTS
ADDITIONAL TERMS FOR PRIVATE SITE
NO OFFER, INVESTMENT ADVICE, OR PERFORMANCE GUARANTEES
Neither the information nor any opinion expressed on this Site constitutes an offer by CPS Investment Advisors to buy or sell any securities or financial instruments, or to provide any investment advice or service. The services, securities and financial instruments described on this Site may not be available to or suitable for you, and not all strategies are appropriate at all times. The value and income of any of the securities or financial instruments mentioned on this Site can fall as well as rise, and an investor may get back less than he or she invested. Foreign-currency denominated securities and financial instruments are subject to fluctuations in exchange rates that could have a positive or adverse affect on the value, price or income of such securities and financial instruments. Past performance is not necessarily a guide to future performance. Independent advice should be sought in all cases.
Any investment products and services mentioned on this Site may have tax consequences. The levels and bases of taxation can change. Your tax affairs are your own responsibility and you should consult your own attorneys or other tax advisors in order to understand the tax consequences of any investment products and services mentioned on this Site.
UNAVAILABILITY IN SOME JURISDICTIONS
None of the investment products or services mentioned on this Site are available, and prospectuses in respect of them will not be distributed, to persons resident in any state or territory where such distribution would be contrary to local law or regulation.
In addition to the obligations set forth above, you agree not to access or use this Site to:
reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of this Site, use of this Site, or access to this Site;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on this Site;
make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
make available any content that is unlawful, harmful, threatening, tortious, defamatory, obscene, invasive of another’s privacy, or otherwise objectionable;
make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt this Site or servers or networks connected to this Site, or disobey any requirements, procedures, policies or regulations of networks connected to this Site;
intercept, collect or store personal data about current or former clients of CPS Investment Advisors or any other visitors to this Site; or
violate any applicable local, state, national or international laws or regulations.
TERMINATION OF ACCESS AND USE
LINKS TO THIRD PARTY WEB SITES
This Site may contain links to other Web sites, including links to the Web sites of companies that provide related information, products and services. These links are solely for the convenience of visitors to this Site, and the inclusion of such links does not necessarily imply an affiliation, sponsorship or endorsement. CPS Investment Advisors makes no representations whatsoever regarding such third party Web sites. You should review the privacy policies of other Web sites carefully before providing any information to such sites. We are not responsible for the content or availability of third party Web sites, and shall not be responsible or liable for any information, opinions, advice, products, or services available on or through such third party Web sites.
LINKS TO THIS WEB SITE
We ask that you notify us in advance of your intention to link to the public portion of this Site by emailing us at email@example.com. You may not (i) hyperlink to the private portion of this Site or any of the pages on the private portion of this Site from another Web site, (ii) display this Site in frames, or (iii) display any of the content found on this Site via inline links, without express written permission from an authorized representative of CPS Investment Advisors.
OUR RIGHTS IN THIS SITE
This Site may provide you with access to certain software and related documentation of CPS Investment Advisors and our suppliers. All such software is licensed, not sold. Your use of any and all software available on or through this Site is subject to your reading and acceptance of the license terms and conditions accompanying such software.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CPS INVESTMENT ADVISORS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING YOUR ACCESS TO OR USE OF THIS SITE, OR THE PRODUCTS, SERVICES OR INFORMATION DESCRIBED ON OR AVAILABLE THROUGH THIS SITE. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ACCURACY, COMPLETENESS, TIMELINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THIS SITE INCLUDES FACTS, VIEWS AND OPINIONS OF INDIVIDUALS AND ORGANIZATIONS DEEMED OF INTEREST. NOTHING CONTAINED ON THIS SITE SHALL BE CONSTRUED AS AN ENDORSEMENT OF THESE VIEWS OR OPINIONS. LIMITATIONS OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CPS INVESTMENT ADVISORS OR OUR AFFILIATES, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES (INCLUDING LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA) ARISING OUT OF OR RELATED TO THIS SITE OR YOUR USE OF THIS SITE, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE INFORMATION PROVIDED ON OR AVAILABLE THROUGH THIS SITE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL CUMULATIVE LIABILITY OF CPS INVESTMENT ADVISORS AND OUR AFFILIATES, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES AND LICENSORS ARISING FROM OR RELATED TO THIS SITE AND YOUR USE OF THIS SITE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS PAID BY YOU TO ACCESS AND USE THIS SITE IN THE TWELVE (12) MONTHS PRECEDING THE FIRST SUCH CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). THE EXISTENCE OF ONE OR MORE CLAIMS SHALL NOT INCREASE THIS LIMITATION.
GOVERNING LAW; JURISDICTION
CPS Investment Advisors
Attn: Web Site Administration
1509 South Florida Avenue
Lakeland, Florida 33803
DIGITAL MILLENNIUM COPYRIGHT ACT
Certain areas of this Site permit end users to upload, post or otherwise transmit information such as opinions, comments, questions and other materials. Although we generally do not monitor, and disclaim any responsibility for, the materials provided on or through this Site by end users, we will not allow access to any such materials that we have actual knowledge to be infringing of a third party’s intellectual property rights. Such infringing materials will be removed from this Site, and repeat offenders will have their right to access to and use this Site terminated.
Under the Digital Millennium Copyright Act (the “DMCA,” codified in relevant part at 17 U.S.C. § 512), copyright owners who believe that their rights have been infringed by unauthorized use of their protected works appearing at an online location may contact, directly or through their authorized agents, the service provider hosting such online location and request that the infringing material be removed or access to it blocked. We have designated the following individual to receive notification of claimed infringement:
CPS Investment Advisors
Attn: Web Site Administration
1509 South Florida Avenue
Lakeland, Florida 33803
Any such notification must be in writing, and must include:
A physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly infringed;
A description of the copyrighted work claimed to have been infringed, including, if available, a URL where the copyrighted work exists or a copy of the copyrighted work;
Identification of the material claimed to be infringing, including a URL or other specific location on this Site where the material can be found;
The name, address, telephone number and e-mail address of the complaining party;
A statement by the complaining party that it has a good faith belief that there is no legal basis for the use of the materials complained of; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner.
Upon receipt of notification of claimed infringement, we will investigate and take appropriate action, which may include, promptly notifying the alleged infringer and removing or disabling access to the material.
Any individual who has information or materials removed from this Site pursuant to the DMCA, and believes that the materials were removed wrongfully and do not infringe a third party’s intellectual property rights, should send a counter-notification to our designated agent containing the following information:
A physical or electronic signature of the individual whose information or materials was removed;
Identification of the material and its location before it was removed or disabled;
A statement under penalty of perjury that the material was removed or disabled as a result of mistake or misidentification;
The name, address, telephone number and e-mail address of the individual whose materials was removed; and
A statement that the individual consents to federal court jurisdiction in the district in which it resides, or if overseas, to jurisdiction in any district in which we may be found, and that the individual will accept service of process from the party providing the initial notification.