USE & ACCEPTANCE
Thank you for visiting our website. Please read these Terms of Use carefully. By accessing this website, you acknowledge and agree to all of the terms, conditions, notices and disclaimers contained herein and in our Internet Privacy Policy, which is incorporated herein by reference.
OWNERSHIP
The intellectual property, including but not limited to, the trade name, Trademark (defined herein), domain name and website contents are owned by CNL Intellectual Properties, Inc., and maintained by CNL Financial Group, Inc. Use of this intellectual property herein has been granted under license agreement between the parties. As such, for purposes of this Terms of Use Policy, CNL Financial Group and CNL Intellectual Properties, Inc., together with their subsidiaries and affiliates shall be collectively referred to as “CNL”.
MODIFICATION
CNL may update and change these Terms of Use and/or the Privacy Policies from time to time without prior notice to you. All such changes will be posted on this website. You must review these Terms of Use and the Privacy Policies each time you use this website to confirm that you still agree to abide by the terms of each. You agree that by using this website after changes have been made to these Terms of Use and/or the Privacy Policies you are agreeing to be bound by such changes.
CNL PRODUCTS & SERVICES
The products and services for which information or investment information access is included on this website may be offered by CNL or any of its affiliates. These products and services may change at any time and may not be available in all geographic areas.
GENERAL TERMS OF USE
You are solely responsible for your use of this website, for all use made by others using your user ID and password, and for ensuring that such use is in full compliance with these Terms of Use. The information published on, and where applicable the investment information access provided through, this website are provided to visitors, registered representatives and CNL investors as a convenience and for informational purposes only. CNL does not represent that the information contained on this website is the most current information available nor that such information is necessarily complete. Therefore you should not rely on the information contained on this website when making decisions. All decisions based on information published on this website are your sole responsibility.
LINKS TO OTHER WEBSITES
For your convenience, this website may contain links to other websites not operated by or affiliated with CNL. These links are provided to you as a convenience; however, CNL does not endorse or control such linked websites, and is therefore not responsible for any information contained on those websites. Accordingly, CNL will not be liable, directly or indirectly, for any damages resulting from the use or reliance on information or advertisements contained in a linked website.
COPYRIGHTS & TRADEMARKS
CNL is the owner and/or authorized user of all intellectual property rights in all materials used herein (including information and compilations of data, artwork, text, video, audio, images, or pictures and the arrangement thereof - collectively, the "Content"). Content may not be copied, distributed or transmitted in any manner without the prior written consent of CNL. You may download, print and store copies of the Content for personal, non-commercial use, provided that you do not modify or alter the Content in any way, nor delete or change any copyright or Trademark notice. You acknowledge that some or all of the rights, title and/or interests in and to the products, technology and/or processes described in or used in connection with this website may be the subject of other intellectual property rights reserved by CNL or other third parties. Except as expressly provided herein, no license is granted with respect to any intellectual property rights, and all right, title and/or interest in and to the Content and/or any products, technology and/or processes described on this website, shall at all times remain the property of CNL, third-parties or its licensors.
The registered and unregistered trademarks, logos and service marks (collectively, the "Trademarks") displayed on this website, are Trademarks of CNL, its licensors or third parties. Nothing contained on this website should be construed as granting any license or right to use any such Trademark without the prior written consent of CNL or the respective third-party owner. You are hereby advised that CNL will aggressively enforce its intellectual property rights, including pursuing all remedies available under civil and criminal law.
The Content of this website is protected under the copyright laws of the United States, as well as other intellectual property laws. Reproduction, republishing or copying of the information contained on this website, in any form, is prohibited without the prior written consent of CNL and/or its licensors, which can be requested by sending an email to the email address listed in the Contact Us section of this website. Please note that any unauthorized entry (commonly known as hacking) into any portion of this website may constitute a crime under state and/or federal law. CNL will prosecute these violations to the fullest extent permitted by law. Links to this website are strictly prohibited without the prior written consent of CNL.
NO WARRANTIES & LIMITATION OF LIABILITY
THE INFORMATION CONTAINED IN AND THE PRODUCTS AND SERVICES PROVIDED ON THIS WEBSITE ARE PROVIDED "AS IS" AND CNL MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT. In addition, this website utilizes information prepared by us from internal and external sources, which we believe to be reliable information. However, we do not represent that this information is accurate, complete or up-to-date. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information available through this website. CNL is not responsible for the content of any off-site pages or other sites linked to the website and shall not be liable for any damages or injury arising out of access to or use of the content. Any links to other sites are not intended as referrals or endorsements but are merely provided to the users of the website for convenience and informational purposes. CNL makes no representations or warranties that website content is applicable to or appropriate for use in locations outside of the United States of America.
CNL cannot and does not guarantee or warrant that the files available for downloading from this website and any services will be free from infections or viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties. IN NO EVENT SHALL CNL, ITS AFFILIATES AND ANY OF ITS OR THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, MEMBERS, EMPLOYEES, REPRESENTATIVES OR AGENTS BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, THAT RESULT FROM OR ARE RELATED TO THE INFORMATION PUBLISHED ON THIS WEBSITE (EVEN IF CNL HAS BEEN ADVISED OF THE POSSIBILITY AND LIKELIHOOD OF SUCH DAMAGES). You specifically agree to hold CNL, their affiliates and any of its or their officers, directors, shareholders, partners, members, employees, representatives and agents harmless and agree that they will not be liable for any damages or losses caused, directly or indirectly, by software failure, system failure, website security failure, unauthorized access to this website or any other technical problem. Without limiting the generality of the foregoing, neither CNL, nor any other party involved in creating, producing or delivering this website shall be liable for: 1) any loss or injury caused, in whole or in part, by its actions, omissions or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering investment information or other information presented at this website; 2) any errors, omissions or inaccuracies in investment information or other information presented at the website regardless of how caused, or delays or interruptions in delivery of the investment information or other information presented at the website; 3) any decision made or action taken or not taken in reliance upon the investment information or other information presented at the website; 4) any damages or injury resulting from your access to this website, including, but not limited to, damage to or failure by your computer equipment or other property, communication line failures, computer viruses or inability to access this Internet site; or 5) any other direct, incidental, consequential, indirect, or punitive damages or losses, whether in contract, tort or otherwise, arising out of access to or use of the website.
PROHIBITED USES; USER LIABILITY
Because all servers have a limited capacity and are used by many people, this website may not be used in a manner that could damage or overburden any CNL server, or any network connected to any CNL server. Furthermore, this website may not be used (i) in a manner that would interfere with any other party’s use of this website, as determined by us; (ii) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (iii) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website; (iv) to impersonate or attempt to impersonate CNL, a CNL employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or (v) otherwise attempt to interfere with the proper working of the website. CNL reserves the right to monitor your use of this website and any communications by you related to such use. CNL assumes no liability in connection with its monitoring activities. If your use of this website violates any of these Terms of Use or any applicable law, CNL reserves the right to discontinue, restrict, change, limit, or permanently revoke your right to use the services provided on this website. You hereby agree to be responsible for any and all liabilities, costs and expenses (including attorney's fees and court costs) arising from any technical disruption of or damage to this website (including the software and systems that transmit the website) caused directly or indirectly by your use of this website.
INDEMNIFICATION
You hereby agree to indemnify and hold CNL, their subsidiaries, affiliates and any of its or their officers, directors, shareholders, partners, members, employees, representatives or agents harmless from and against any and all damages, liabilities, claims, demands, suits, actions, causes of action, losses, costs and expenses (including attorney's fees and court costs) arising from your use of this website, or from your violation of these Terms of Use.
INFORMATION COLLECTED
For information on the privacy practices employed by CNL with respect to the collection, protection and use of information transmitted to our website, please review the terms of our Privacy Policies. It is not the responsibility or obligation of CNL to authenticate, confirm or otherwise verify the accuracy or propriety of information transmitted via this website. CNL shall not be liable for any damage or loss arising from inaccurate or unauthorized transmissions via this website or e-mail.
USE OF BROWSER-BASED COOKIES, HTML 5 STORAGE, WEB BEACONS AND DO NOT TRACK
CNL uses browser-based, HTTP and/or HTTPS web cookies, which are small text files placed on your computer's hard drive or mobile device’s on-board storage and subsequently read as you visit a website, as well as web beacons (also known as pixel tags), which are electronic images embedded into a webpage, and HTML5 storage on our website. We may also engage third-party vendors to use these technologies on our behalf.
Web cookies and web beacons are commonly used for record keeping to track your movements when you visit our website and to help CNL and our authorized third-party advertising and/or analytics vendors determine what type of information to present to you. The use of web cookies and web beacons is an industry standard practice used at most websites and can enhance a user’s experience on a website. CNL’s web cookies and web beacons do not contain Personally Identifiable Information (PII), and do not damage or alter your system files. CNL’s web cookies and/or third-party vendor web cookies are persistent web cookies, which are web cookies that remain within your computer or mobile device over a period of time. Information from a web cookie may be collected and used in aggregate form or, alternatively, data may be collected into an individual profile or record. That individual record may either be unique or anonymous. CNL and/or its third-party vendors may use these profiles in a way for them to be linked with information that identifies you as an individual. The information gathered from web cookies, web beacons and HTML5 storage and reputable third parties may also be used to provide advertisements about goods and services that may be of interest to you.
The first time you visit our website via a web browser, CNL assigns you a unique, anonymous ID, which is stored in the cookie file on your computer or mobile device. Although you can choose not to accept cookies through a setting on most browsers (which can also be set to notify you each time a cookie is set), if you choose to refuse cookies, you may not be able to use all of the features of our website. In addition to CNL creating and placing a HTTP and/or HTTPS cookie on your computer or mobile device, our third-party vendors may also create or place HTTP and/or HTTPS cookies on your computer or mobile device as a result of visiting these third-party sites.
Do Not Track is a voluntary program among Internet advertisers that is intended to give users the ability to opt-out of behavioral targeting and advertising. There are a few ways in which your computer may transmit a “do not track” signal to certain websites and online services you visit. CNL does not honor Do Not Track settings. We may, however, as described above, use the information we collect to present you with content we believe may be of interest to you. If you do not agree with our policy not to honor Do Not Track, your only remedy is to stop using our website.
SECURITIES INFORMATION
The information provided in any service or in this website does not constitute investment, tax, financial, legal, or other advice. CNL makes no representation regarding the accuracy or importance of any information. Information received via this website or the services should not be relied upon for personal, investment, tax, legal or financial decisions, and prior to the execution of any transaction by you related to any information you have obtained from this website or the services, you should consult with your financial, tax and investment advisors and an attorney, or otherwise seek appropriate professional advice tailored to your situation. This website and the services are published solely for informational purposes and are not a solicitation, recommendation, endorsement or offer by CNL or a third party to buy or sell any stock, mutual fund, security, or other financial instrument. The investment information provided on the website does not attempt or claim to be a complete description of the securities, markets, or developments referred to in the materials. All expressions of opinion are subject to change without notice. CNL does not undertake to advise anyone via this website. CNL, its affiliates, and their respective officers, directors, shareholders, partners, members, employees, representatives or agents may have clients with positions in securities or companies mentioned on this website, and CNL may have business relationships with such companies.
JURISDICTION
The laws of the State of Florida shall govern all matters arising out of the use of this website, and by accessing this website you irrevocably consent to the jurisdiction of the courts located in Orange County in the State of Florida for any cause of action in connection with your use of this website. Should your use of this website or the content published on this website be contrary to the laws of the jurisdiction from where you access the website, then this website is not intended for your use, and you should discontinue use of the website. You are solely responsible for knowing the laws of your jurisdiction and for assuring your compliance with such laws.
USE OUTSIDE OF THE UNITED STATES; LIMITED AVAILABILITY
Not all products or services described on this website may be available to all persons or entities or in all jurisdictions. This website was created in the United States and complies with local United States laws. This website and/or the services may not comply with legal requirements in foreign countries. Any and all information obtained from this website is not provided for and may not be used by any person or entity in any jurisdiction in violation of applicable laws, rules or regulations.
WAIVER; SEVERABILITY
No waiver by CNL of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CNL to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If a court determines any provision of these Terms of Use to be illegal or unenforceable, then such portion will be eliminated or enforced to the maximum extent possible, and the remaining Terms of Use will remain in full force and effect.
ARBITRATION
You agree that CNL, at its sole discretion, may require you to submit any disputes arising from the use of this website, the services, and/or these Terms of Use concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptability to newly arisen circumstances to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State of Florida as set forth herein. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
ENTIRE AGREEMENT
These Terms of Use and Privacy Policies constitute your entire agreement with CNL regarding this website and its services, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and CNL with respect to this website or any services offered on or through such website.
Amended: March 31, 2023