Important Information Concerning the Terms and Use of this Web Site
Please read all of the terms and conditions listed on this page. Your use of this web site means that you accept the terms and conditions as listed below.
1. No Investment Advice or Recommendations
The Cole Capital Web Sites and the Content are provided for informational and educational purposes only. None of the information provided through this Web Site constitutes investment advice, legal advice, or a recommendation to buy or sell any security, or tax advice. Nothing on this Web Site should be considered a solicitation or offer to buy or sell any security. Securities products are offered for sale by prospectus only. Please consult with your investment advisor or representative for additional assistance.
2. Jurisdictional Issues
The information contained on this Web Site does not constitute an offer or a solicitation for the purchase or sale of any securities in any jurisdiction where we are not licensed to conduct business, or where any security we may offer is not available for sale. The services and products described and the information provided through this Web Site are directed to and intended to be made available only to persons residing in the United States, and are not intended for distribution to, or use by, any person in any other country or any other jurisdiction where such distribution or use would be contrary to law or regulation, or that would subject Cole Capital or any of its affiliated persons to any registration requirement within such jurisdiction or country. If you are outside of the United States, please contact us directly at 888-677-2653 for more information on the products or services that we offer internationally.
3. Use of Content and Restrictions
4. Products and Services
The information regarding Cole Capital, including without limitation its sponsored funds, provided on the Web Site may change at any time. In addition, eligibility or suitability requirements may apply for access to this information or any transaction with or regarding Cole Capital, including without limitation its sponsored funds, and they may not be available in all geographic areas. Although Cole Capital has tried to provide accurate and timely information on the Web Site, please be aware that the Web Site (including without limitation the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. Accordingly, you should verify all information before relying on it, and all decisions based on information contained in the Web Site are your sole responsibility and Cole Capital shall have no liability for such decisions. If you need specific details about any information contained in our Web Site, you should contact Cole Capital as provided in the "Contact Us" section of the Web Site.
5. Use Restrictions
6. Third-Party Content and Links
Cole Capital may provide links to other Web sites or resources ("Linked Sites"). You acknowledge and agree that Cole Capital has no control over and is not responsible for the Linked Sites. You agree that Cole Capital shall not be responsible or liable, directly or indirectly, for any damage or loss arising out of or relating to the Linked Sites, including without limitation content, property, goods or services available on the Linked Sites. Links on this Web Site are not affiliated with Cole Capital unless specifically indicated. The existence of a particular Linked Site does not indicate an endorsement by Cole Capital of that Web Site or any information contained on any Linked Sites. Cole Capital has not reviewed the information contained on any third-party site and is not responsible for its content and does not imply Cole Capital's recommendation, approval, affiliation, or sponsorship of that respective property, product, service, or process. We cannot guarantee that information contained on a linked Web Site is accurate, complete or timely. You must obtain written permission from us in order to link to our Web Site.
7. Disclaimer of Warranties
8. Limitation of Liability
10. Subject to Change
Notwithstanding anything to the contrary contained in this Agreement, all claims, disputes and controversies between the parties hereto arising out of or in connection with this Agreement or your use of the Web Site shall be resolved by binding arbitration in Phoenix, Arizona by the American Arbitration Association. Any decision rendered by the arbitration panel in accordance herewith shall be final and binding on the parties hereto, and judgment thereon may be entered by any state or federal court of competent jurisdiction. Arbitration shall be the exclusive method available for resolution of claims, disputes and controversies arising out of your use of the Web Site. Notwithstanding the foregoing, either party shall be entitled to apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, permanent injunction or other equitable relief, without breach of this arbitration provision.
13. Equitable Relief
If to you: Such notice will be sent to you based on the contact information you have submitted to Cole Capital.
If to Cole Capital:
2325 East Camelback Road, Suite 1100
Phoenix, Arizona 85016
ATTENTION: General Counsel
FAX: (602) 778-8780
or at such other address as the parties may designate by notice given pursuant to this clause.