AGREEMENT BETWEEN USER AND Forrest T. Jones & Company, Inc.®
LINKS TO THIRD PARTY SITES
The Website may contain links to other third-party websites ("Linked Sites"). The Linked Sites are not under the control of FTJ, and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the site or any association with its operators. While we do our best to ensure your privacy, we cannot be responsible for the privacy practices of third-party websites. We encourage you to review the privacy practices of any website you visit.
All content of this Website is the intellectual property of FTJ, its affiliates, or third parties who have licensed the materials to us. All content of the Website is: © 2003-2022 Forrest T. Jones & Company, Inc., Kansas City, Missouri. All rights are reserved.
Forrest T. Jones & Company, Inc., is a registered trademark, and may not be used without written permission. Any rights not expressly granted herein are reserved.
NO UNLAWFUL OR PROHIBITED USE
- remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on this Website or Website content;
- circumvent, disable or otherwise interfere with security-related features of this Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of this Website or Website content;
- use an automatic device (such as a robot or spider) or manual process to copy this Website or Website content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website content from this website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
- collect or harvest any personally identifiable information from this Website including, without limitation, user names, passwords, email addresses;
- solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
- interference with, the proper working of this Website or impair, overburden, or disable the same;
- decompile, reverse engineer, or disassemble any portion of this Website;
- use network-monitoring software to determine architecture of or extract usage data from this Website;
- encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person's Membership (as defined in the USER REGISTRATION section) without permission, etc.);
- engage in any conduct that restricts or inhibits any other user from using or enjoying this Website.
In order to access or use some features of this Website, you may have to become a registered user. If you are under the age of eighteen (18), then you are not permitted to register as a user or otherwise submit personal information to this Website.
To become a registered user, you agree to provide true, accurate, current and complete registration information and, if such information changes, you agree to promptly update the relevant registration information. During registration, you will create a user name and password (a "Membership"), which may permit you access to certain areas of this Website not available to non-registered users. You are responsible for safeguarding your password and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at CustomerService@ftj.com of any unauthorized use of your Membership.
- We may now or in the future permit users to post, upload, transmit through, or otherwise make available on this Website (collectively, "Submit") messages, templates, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content"). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on this Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
- You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit. You represent, warrant, and covenant that you will not submit any User Content that:
- violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
- impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
- encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
- is an advertisement for goods or services or a solicitation of funds;
- includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
- contains a formula, instruction, or advice that could cause harm or injury; or
- is a chain letter of any kind.
- Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying this Website will not be permitted.
- By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content.
- We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
Digital Millennium Copyright Act
In accordance with the Digital Millennium Copyright Act ("DMCA"), Pub. L. 105-304, we have designated an agent to receive notification of alleged copyright infringement occurring on this Website. If you believe that your copyrighted work is being infringed, notify our designated agent specified below:
Forrest T. Jones & Company, Inc.
Attn: Law Department
Kansas City, MO 64111
The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information:
- A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
- A description of the copyrighted work(s) you believe to have been infringed;
- A description of the infringing material and information reasonably sufficient to permit us to locate the material;
- Your contact information (including your address, telephone number, and email);
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Upon receipt of a notice of claimed infringement that satisfies these requirements (or any statement in conformance with 17 U.S.C. Sec. 512(c)(3)) we will act expeditiously to remove or disable access to any content that is claimed to be infringing upon the copyright of any person under the laws of the United States and will terminate the access privileges of those who repeatedly infringe on the copyrights of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
YOU EXPRESSLY AGREE THAT USE OF this Website IS AT YOUR SOLE RISK. This Website AND Website CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, FTJ AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT this Website WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF this Website; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON this Website OR ACCESSED THROUGH this Website; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF this Website; (6) WARRANTIES THAT YOUR USE OF this Website WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
References to any products, services, processes, or other information, by trade name, trademark, manufacturer, or supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation by FTJ, unless otherwise specifically noted.
LIMITATION OF LIABILITY
- If you become a registered user, you may terminate your Membership at any time by going to Membership page and selecting the appropriate option.
CHOICE OF LAW
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This agreement and all related documents shall be written in English.
MODIFICATIONS AND ADDITIONAL TERMS
ACCESS FROM OUTSIDE OF THE UNITED STATES
This Website is controlled by us from our offices within the United States. We make no claims that the content and information included on this Website is appropriate or may be downloaded outside of the United States. Access to the content and information included on this Website may not be legal by certain persons or in certain countries. If you access this Website from outside the United States, you do so at your own risk and are solely responsible for compliance with the laws of your jurisdiction and any other applicable laws.
USE OF THE INTERNET
Use of the Internet is solely at your own risk and is subject to all applicable state federal laws and regulations. FTJ has no direct control, including but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, governmental restrictions, or related hazards.
All notices, requests, and communications hereunder shall be in writing, and any such notice, request or other communication shall be deemed to have been given or made when delivered by hand, transmitted by fax and confirmed, emailed to: CustomerService@ftj.com or, in the case of delivery by mail, when deposited in the U.S mail, certified mail, return receipt requested, postage prepaid, to: Forrest T. Jones & Company, Inc. 3130 Broadway, Kansas City, MO 64111.