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SC FINANCIAL SERVICES, INC. SITE TERMS OF USE

 

SC Financial Services, Inc. Web Site

SC Financial Services, is a d/b/a of Avior Wealth Management, LLC (“Avior”) is a Registered Investment Advisor with its principal office in Omaha, NE. Avior may only transact business in those states in which it is registered or qualifies for an exemption or exclusion from registration requirements. Avior’s web site is limited to the dissemination of general information pertaining to its advisory services. Accordingly, the publication of Avior’s web site on the internet should not be construed by any consumer and/or prospective client as Avior’s solicitation to effect, or attempt to effect transactions in securities, or the rendering of personalized investment advice for compensation, over the internet. Any subsequent, direct communication by Avior with a prospective client shall be conducted by a representative that is either registered or qualifies for an exemption or exclusion from registration in the state where the prospective client resides. For information pertaining to the registration status of Avior, please contact the SEC or the state securities regulators for those states in which Avior maintains a notice filing. A copy of Avior’s current written disclosure statement discussing Avior’s business operations, services, and fees is available from Avior upon written request. Avior does not make any representations or warranties as to the accuracy, timeliness, suitability, completeness, or relevance of any information prepared by any unaffiliated third party, whether linked to Avior’s web site or incorporated herein, and takes no responsibility therefor. All such information is provided solely for convenience purposes only and all users thereof should be guided accordingly.
Please remember that different types of investments involve varying degrees of risk, and there can be no assurance that the future performance of any specific investment or investment strategy (including those undertaken or recommended by Avior), will be profitable or equal any historical performance level(s).

Certified Financial Planner Board of Standards, Inc. (CFP Board) owns the CFP® certification mark, the CERTIFIED FINANCIAL PLANNER™ certification mark, and the CFP® certification mark (with plaque design) logo in the United States, which it authorizes use of by individuals who successfully complete CFP Board’s initial and ongoing certification requirements.


S.C. Financial Services, Inc. (“SCFS”) is a Registered Investment Advisor (“RIA”), located in the State of Arizona. SCFS provides investment advisory and related services for clients nationally. SCFS will maintain all applicable registration and licenses as required by the various states in which SCFS conducts business, as applicable. SCFS renders individualized responses to persons in a particular state only after complying with all regulatory requirements, or pursuant to an applicable state exemption or exclusion. SCFS operates online through www.scfinancialservices.com (the “Site”). SCFS provides financial planninag and investment management services. You understand and agree that by providing content or other information to SCFS via the Site, the internet, or otherwise, you are granting SCFS all necessary rights to use that content for purposes of providing you with financial advice as well as for use by SCFS in the ordinary course of its business, which may include use of your information in demographic, economic, and socio-economic analyses.

It is important that you read and understand these “Terms of Use”. These Terms of Use govern your access to and use of the Site. Your use of the Site constitutes your acceptance and agreement to these Terms of Use. These Terms of Use constitute a binding legal agreement between you and SC Financial. Upon request from time to time from SCFS, you agree to provide a handwritten signature page to these Terms of Use and/or written affirmation of your agreement to these Terms of Use.
YOU UNDERSTAND THAT BY ACCESSING AND USING THE SITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU ARE NOT PERMITTED TO, AND AGREE NOT TO, ACCESS AND/OR USE THE SITE.

Services Provided by SC Financial Services, Inc.

You understand that the Site and all associated content involve matters with respect to finance and investing, such as investment strategies, asset allocation, stock quotes and in particular the performance of certain ETFs (and their underlying holdings), indices, stocks, stock portfolios, and investors. The Site merely presents general information we believe is relevant to your decision whether or not to hire SCFS to provide you with financial advisory and/or investment management services. Any financial advisory services provided to you by SCFS will be provided to you pursuant to a written agreement between you and SC Financial. You must agree to, sign, and deliver the applicable written agreement with SCFS before SCFS will provide you with any financial advisory and/or brokerage services.

Risk Disclosure

Different types of investments involve varying degrees of risk. Therefore, it should not be assumed that future performance of any specific investment or investment strategy will be profitable. Asset allocation may be used in an effort to manage risk and enhance returns. It does not, however, guarantee a profit or protect against loss. Performance of the asset allocation strategies depends on the underlying investments. This website is intended to provide general information about SCFS and its services. It is not intended to offer or deliver investment advice in any way. Information regarding investment services are provided solely to gain an understanding of our investment philosophy, our strategies and to be able to contact us for further information. Market data, articles and other content on this website are based on generally available information and are believed to be reliable. SCFS does not guarantee the accuracy of the information contained in this website. The information is of a general nature and should not be construed as investment advice.

Please remember that it remains your responsibility to advise SCFS, in writing, if there are any changes in your personal/financial situation or investment objectives for the purpose of reviewing/evaluating/revising our previous recommendations and/or services, if you would like to impose, add, or to modify any reasonable restrictions to our investment advisory services.  SCFS will provide all prospective clients with a copy of our current Form ADV, Part 2A (“Disclosure Brochure”) and the Brochure Supplement for each advisory person supporting a particular client. You may obtain a copy of these disclosures on the SEC website at http://adviserinfo.sec.gov or you may contact us via email at info@scfinancialservices.com to request a free copy via .pdf or hardcopy.

Modification of the Site or Terms of Use

SCFS reserves the right, in its sole and absolute discretion, at any time to modify, discontinue or terminate the Site, any portion thereof, or any content thereon without advance notice, or to modify these Terms of Use. All modified terms and conditions will be effective upon the date when the change takes effect, unless there is a material change, which will be effective when SCFS provides notice to you, unless a longer notice period is required by applicable law. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease accessing and using the Site. By continuing to access or use the Site after SCFS makes any such revision, you agree to be bound by the revised Terms of Use. Each version of these Terms of Use will be identified at the top of the page by the effective date.

Eligibility

The Site is intended solely for persons who are 18 or older. Any access to or use of the Site by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use. By accessing or using the Site, you represent and warrant that you are 18 or older.

Termination; Corrective Action

SCFS retains the right to terminate your access to the Site. SCFS can terminate your access for any reason or no reason at all and without notice to you. If we believe, in our sole discretion, that a violation of these Terms of Use has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms of Use. We may seek to gather information from a user who is suspected of violating these Terms of Use (or from any other user) and you agree to provide us with such information. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available any user information, emails, or other materials that are believed to violate these Terms of Use. Any suspension, termination, or cancellation will not affect your obligations to SCFS under these Terms of Use (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.

Third-Party Links

The Site may provide links to third- party websites or resources. You acknowledge and agree that SCFS is not responsible or liable for the availability or accuracy of such websites or resources or the content, products, or services on or available from such websites or resources. You further acknowledge that SCFS does not endorse such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Ownership and Restrictions

SCFS and its licensors own all right, title, and interest, including all worldwide intellectual property rights in the Site, and all of the information provided on or through the Site, and the trademarks, service marks, and logos contained therein. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and/or the information provided on or through the Site.

Restrictions

You agree you will not do any of the following while using or accessing the Site:
(a) Circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any information provided on or through the Site;
(b) Upload, email, transmit, provide, or otherwise make available (i) any user information which you do not have the lawful right to use, copy, transmit, display, or make available (including any user information that would violate any confidentiality or fiduciary obligations that you might have with respect to the user information); or (ii) any user information that infringes the intellectual property rights of, or violates the privacy rights of, any third-party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, moral right, or right of publicity);
(c) Use any meta tags or other hidden text or metadata utilizing an SCFS name, trademark, URL or product name, including, without limitation, the “TigerEye” name;
(d) Upload, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
(e) Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site to send altered, deceptive, or false source- identifying information;
(f) Upload, email, transmit, provide, or otherwise make available, via the Site, any user information that is unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contain objects or symbols of hate, invade the privacy of any third-party, contain nudity, are deceptive, threatening, abusive, inciting of unlawful action, or are otherwise objectionable in the sole discretion of SC Financial;
(g) Upload, email, transmit, provide, or otherwise make available any user information that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation overloading, flooding, spamming, mail-bombing, or sending a virus to the Site;
(h) Upload, email, transmit, provide, or otherwise make available any user information that includes code that is hidden or otherwise surreptitiously contained within the user information;
(i) Interfere with or disrupt (or attempt to interfere with or disrupt) any web page available at the Site, servers, or networks connected to the Site, or the technical delivery systems of SCFS’s providers, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
(j) Attempt to probe, scan, or test the vulnerability of any SCFS system or network or breach or impair or circumvent any security or authentication measures protecting the Site;
(k) Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Site;
(l) Attempt to access, search, or meta-search the Site or content thereon with any engine, software, tool, agent, device, or mechanism other than software and/or search agents provided by SCFS or other generally available third- party web browsers, including without limitation any software that sends queries to the Site to determine how a website or web page ranks;
(m) Violate the terms of service or any other rule or agreement applicable to you or SCFS through the Site’s inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third-party site or service;
(n) Collect or store personal data about other users without their express permission;
(o) Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or commit fraud;
(p) Solicit any user for any investment or other commercial or promotional transaction;
(q) Violate any applicable law, regulation, or ordinance;
(r) Use, launch, or permit to be used any automated system, including without limitation “robots,” “crawlers,” or “spiders”; or
(s) Use the Site or content thereon in any manner not permitted by these Terms of Use.

Disclaimer of Warranties

Your use of the Site and the information provided on and through the Site is at your sole discretion and risk. The Site and the information provided on and through the Site are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from SCFS. SCFS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE AND THE INFORMATION PROVIDED ON AND THROUGH THE SITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. SCFS DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED,: (I) REGARDING THE AVAILABILITY, SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE; OR (II) THAT THE SITE AND/OR THE INFORMATION PROVIDED ON OR THROUGH THE SITE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED DIRECTLY OR INDIRECTLY BY OR THROUGH THE SITE. No advice or information, whether oral or written, obtained by you from SCFS, will create any warranty not expressly stated in this Agreement. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

Limitation of Liability

IN NO EVENT WILL SCFS OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY INFORMATION PROVIDED ON OR THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SITE OR FOR ANY INVESTMENT DECISIONS MADE ON THE BASIS OF SUCH INFORMATION, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT SCFS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL SC FINANCIAL’S CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100.

Indemnification

You agree to defend and indemnify SCFS and its officers, directors, employees, and agents and to hold them harmless from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Site and/or the information provided on or through the Site; (ii) your violation of any of these Terms of Use; (iii) your violation of any third-party right, including without limitation any intellectual property right, property, or privacy right; (iv) any claim that your user information caused damage to a third-party; or (v) any claim related to your distribution of any information provided on or through the Site.

General

In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. You may not assign any of your rights, benefits, obligations and/or liabilities under these Terms of Use (by operation of law or otherwise) without the prior written consent of SCFS, and any prohibited assignment will be null and void. SCFS may assign any or all of its rights, benefits, obligations and/or liabilities under these Terms of Use at any time and from time to time without your consent. The relationship of the parties under these Terms of Use is that of independent contractors, and these Terms of Use will not be construed to imply that either party is the agent, employee, or joint venturer of the other. These Terms of Use will be governed by and interpreted in accordance with the laws of the State of Arizona excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under these Terms of Use will be brought exclusively in courts located in Phoenix, Arizona, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that these Terms of Use and the rules, restrictions, and policies contained herein, and SCFS’s enforcement thereof, are not intended to confer and do not confer any rights or remedies on any person other than you and SCFS. These Terms of Use together with the rules and policies of SCFS constitute the entire agreement between SCFS and you with respect to the subject matter hereof. Any notice or other communication to be given hereunder will be in writing and given by (a) SCFS via email (in each case to the address that you provide), (b) a posting on the Site, or (c) you via email to info@scfinancialservices.com or to such other addresses as SCFS may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted.

If you have questions about these Terms of Use or about the Site or content thereon, please contact SCFS at info@scfinancialservices.com.