Terms of service

December 23, 2019

The texting capability (the “Services”) provided by Citizens Securities, Inc. (“CSI”) are offered to you subject to these terms of service, as well as any other guidelines, rules and additional terms referenced herein, and all such guidelines, terms and rules are hereby incorporated herein by this reference (collectively, the “Terms of Service”).

By using the Services with a CSI employee, you agree to be bound by these Terms of Service. These Terms of Service set out the legally binding terms with respect to your use of, and our provision of, the Services. Please read these Terms of Service carefully.

YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF ALL OF THE PROVISIONS OF THESE TERMS OF SERVICE. IF YOU ARE UNWILLING TO BE BOUND BY THESE TERMS OF SERVICE, DO NOT USE THE SERVICE.

Eligibility

You must be 18 or older, or of the legal age in your jurisdiction to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to use the Services. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms of Service. If you do not qualify, do not use the Services. By using the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. The Services are for U.S. users; any use outside of the U.S. is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the Services.

Changes to the Agreement or the Services

You agree and understand that these Terms of Service and the Services may be modified by us at any time without prior notice, and such modifications will be effective upon our posting of the new terms and/or upon implementation of the new changes in the Services. You agree to review the Terms of Service periodically so that you are aware of any modifications. YOUR CONTINUED USE OF THE SERVICES AFTER ANY MODIFICATIONS INDICATES YOUR ACCEPTANCE OF THE MODIFIED TERMS OF SERVICE. Unless we expressly state otherwise, any new features, new services, enhancements or modifications to the Services implemented after your initial access thereto shall be subject to these Terms of Service.

Use of the Services

You understand that by using the Services you may be exposed to Third Party Content that is false, misleading, fraudulent, offensive, indecent and/or objectionable. Under no circumstances will we be liable in any way for any Third Party Content, including any errors or omissions in any Third Party Content, or any loss or damage of any kind incurred as a result of your use of any Third Party Content. You agree that you must evaluate and bear all risks associated with the use of any Third Party Content, including any reliance on the content, integrity, and accuracy of such Third Party Content.

When you use the Services, you agree to do so on the following terms:

  • You are solely responsible for any content and other material that you submit using the Services.
  • You may not submit any material that infringes, misappropriates or otherwise violates the intellectual property, publicity, privacy or other rights of any person or that is subject to any restrictions, or imposes any obligations, on the use or further distribution thereof.
  • You may not use the Services for unlawful purposes or to promote or encourage illegal activity.
  • You understand and agree that we may review any material from you that in our sole judgment violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users of the Services.
  • You agree that you will not purposely provide any false or misleading information.
  • The following is a partial list of the kind of communications that are illegal or prohibited. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including without limitation, terminating the membership of such violators or blocking your use of the Services. You may use the Services for messages that:
    • are false or intentionally misleading;
    • are patently offensive to users, such as content or messages that promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • harass or advocate harassment of another person or includes personal information about another person, such as their address, email address or telephone number;
    • involve the transmission of unsolicited mass mailing (i.e., “spamming”) or other forms of solicitation (including, but not limited to, advertising, promotional materials, chain letters and/or pyramid schemes);
    • infringe, misappropriate or otherwise violate the intellectual property or other rights of any person (including rights arising under contractual or fiduciary obligations);
    • promote illegal activities or conduct that is abusive;
    • violate any applicable law or regulation, including, without limitation, the rules and regulations of the U.S. Securities and Exchange Commission and/or the national or other securities exchanges (especially and including the rules against making false or misleading statements with the intent to manipulate the price of any security);
    • offer to sell or buy any security (including as such terms are used in the Securities Act of 1933, as amended, the rules and regulations thereunder, and the other U.S. securities laws), including any shares or other interest in an investment company, a hedge fund, a private equity fund or any other collective investment vehicle (a “Fund”);
    • are threatening, obscene, defamatory or libelous;
    • are pornographic or sexually explicit in nature; and/or
    • seek or recommend providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.

Restrictions on Rights to Use

Unauthorized access to the Services is a breach of these Terms of Service and a violation of law. You agree not to access the Services by any means other than through the interfaces that we provide to you for accessing the Services. We may at any time, without prior notice and in our sole discretion, remove any post, terminate the membership of, or take any other appropriate action against any person who violates the Terms of Service. Illegal or unauthorized uses of the Services will be investigated and subject to appropriate legal action, including, without limitation, civil, criminal and/or injunctive redress.

Privacy

Use of the Services is governed by our Privacy Policy. We strongly urge you to review the terms of the Privacy Policy.

Term

These Terms of Service, as amended from time to time, will remain in full force and effect while you use the Services. We may terminate these Terms of Service for any reason, at any time. Any provisions in these Terms of Service that by their nature or as specified hereunder are intended to continue beyond termination or expiration of these Terms of Service, including, without limitation and for the avoidance of doubt, the sections captioned “Our Proprietary Rights,” “Privacy,” “Recommendations,” “Term,” “Disclaimer,” “Limitation on Liability,” “Indemnity,” and “Miscellaneous,” shall survive any termination or expiration of these Terms of Service.

Disclaimer

THE SERVICES ARE PROVIDED BY US ON AN “AS IS” BASIS. WE AND OUR LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE SERVICES OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON, OR IN ASSOCIATION WITH, THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE AND OUR LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS DISPLAYED THROUGH THE SERVICES.

WE AND OUR LICENSORS AND AFFILIATES MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR- FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF

ANY USER OF THE SERVICES. WE DO NOT WARRANT OR COVENANT THAT THE SERVICES WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

NEITHER WE NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX, OR, EXCEPT AS WE MAY OTHERWISE NOTIFY YOU IN CONNECTION WITH THE RECOMMENDATIONS, FINANCIAL ADVICE.

Limitation on Liability

NEITHER WE NOR OUR AFFILIATES SHALL BE LIABLE FOR DAMAGES ARISING FROM THE PROVISION OR USE OF THE SERVICES, INCLUDING THE RECOMMENDATIONS, EXCEPT FOR DAMAGES RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS OF SERVICE SHALL CONSTITUTE A WAIVER OR LIMITATION OF YOUR RIGHTS UNDER ANY FEDERAL OR STATE SECURITIES LAWS.

WE SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM OUR OBLIGATIONS HEREUNDER WHERE SUCH FAILURE RESULTS FROM ANY CAUSE BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION (INCLUDING “LINE- NOISE” INTERFERENCE). WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR OUR SUPPLIERS WILL BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

WE SHALL NOT, DIRECTLY OR INDIRECTLY, BE LIABLE, IN ANY WAY, TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY: (A) INACCURACIES OR ERRORS IN OR OMISSIONS FROM THE CONTENT OR SERVICES INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OR ANALYSIS POSTED BY ANY OTHER USER, PRICES OF SECURITIES AND FINANCIAL DATA; (B) DELAYS, ERRORS, OR INTERRUPTIONS IN THE TRANSMISSION OR DELIVERY OF THE CONTENT OR SERVICES; OR (C) LOSS OR DAMAGE ARISING FROM YOUR USE OF THE CONTENT OR SERVICES THEREON OR BY ANY REASON OF NONPERFORMANCE.

Removing your account for the Services

This Terms of Service will continue to apply until terminated by either you or us. If you want to be removed from the use of Services, please reply “STOP” back to the number provided to you by CSI employee.

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