Introduction
Welcome to the website of Penso Advisors LLC and its affiliates (“Penso”).
By using the Website and any services provided by way of the Website (“Services”), any user (all such users collectively referred to as “you”) signifies your express agreement to all of the Terms and Conditions of Use described on this webpage (the “Terms of Use”). Penso reserves the right, at its discretion, to update or revise these Terms of Use. Please check these Terms of Use periodically for changes. Your continued use of the Website following the posting of any changes to these Terms of Use constitutes acceptance of those changes. Penso reserves the right, in its sole discretion, to terminate your access to all or part of the Website, with or without notice.
The information contained on this Website is not, and should not be construed as, an offering of advisory services, an offer to sell, or a solicitation to buy, any securities or related financial instruments or any other product. Any inquiry which may involve effecting or attempting to effect transactions in securities will not be responded to absent compliance with applicable federal and state law, as well as applicable broker-dealer, investment advisor, broker-dealer agent and investment advisor representative registration requirements, laws and regulations.
User Conduct
You agree not to use the Website for any unlawful purpose. You agree not to attempt to gain access to any area of the site and any information for which you have not previously received authorization in writing. You also acknowledge and agree that Penso has put into place security measures designed to prevent unauthorized access to the information of other users, and should you gain access to any information for which you have not received prior authorization, you will not view, download, print, harvest or collect, or attempt to view, download, print, harvest or collect, any such information. You also agree that you will not upload or attempt to upload any content (including text, communications, software, images, sounds, data, or other information) that contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.
You acknowledge and agree that, although Penso has implemented and uses its best efforts to maintain security measures designed to prevent the unauthorized access by visitors and other users to the information that you are authorized to access and use, no security measures are available that can be 100% guaranteed to prevent such unauthorized access. Penso therefore does not warrant that such security measures will prevent such unauthorized access in each and every instance.
You further agree that you will not harvest or collect, or attempt to harvest or collect, information about other users and other visitors to the Website or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
Third Party Sites
The Website may link you to other sites on the Internet. Any outside information, or any other website information or links, including market and price information, and any other information from outside sources, contains information maintained or provided by institutions or organizations that are independent from Penso. We do not approve, recommend or have any control over these unaffiliated entities. We cannot guarantee or assume any responsibility for the accuracy or completeness of any information provided by any outside organization or entity, and such information is not considered content or images contained on our website. We recommend that a person independently review or verify any information provided by any outside source available on our website before acting or relying on such information. Other sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Penso, and you acknowledge that Penso is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Penso or any association with its operators.
Proprietary Rights
You acknowledge and agree that all content and materials available on the Website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as may be expressly authorized by Penso under a separate written agreement, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the foregoing sentence, and unless Penso grants you broader rights under such separate written agreement, you are granted a limited license to print or download one copy of the materials or content on the Website on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices; subject, however, to any express terms and conditions displayed with such materials or content. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Penso is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. Except as expressly provided above, all rights are reserved.
As discussed above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Website is strictly prohibited without the express written permission of Penso or as provided in a separate written agreement with Penso. Among other things, except to the extent required for the limited purpose of reviewing material on the Website, electronic reproduction, adaptation, distribution, performance or display is prohibited. Use of any of Penso’s trademarks as metatags on other websites also is strictly prohibited. You may not display this website in frames (or any of the content or materials via in-line links) without our express written permission. Permission to use certain content or materials in a manner prohibited by these Terms of Use is granted only when certain limited criteria are met.
Privacy
Penso uses the personally identifiable information that it gathers primarily to communicate with you and, generally, it does not share this information with third parties. Penso uses return email addresses to answer the email that it receives. Such addresses are not used for any other purpose and are not shared with outside parties. However, Penso may disclose such information if it has received your permission beforehand or in very special circumstances, such as when it believes that such disclosure is required by law or other special cases described below.
Penso may also disclose personally identifiable information in special cases when it has reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against you or someone else who may be violating these Terms of Use or may be causing injury to or interference (either intentionally or unintentionally) with Penso;s rights or property, other users of the Website, or anyone else that could be harmed by such activities. Penso may disclose or access personally identifiable information when it believes in good faith that the law requires it and for administrative and other purposes that it deems necessary to maintain, service, and improve its products and services.
Penso does not sell or rent personally identifiable user information to anyone.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while Penso strives to protect your personally identifiable information, it cannot ensure or warrant the security of any information that you transmit to it, and you do so at your own risk. Once Penso receives your transmission, it makes its best effort within the Website to ensure the security of the information on Penso’s systems.
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, Penso has put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information it collects online.
Providers and/or third parties linked to the Website have separate privacy and data collection practices. Penso has no responsibility or liability for these independent policies. For more information regarding each provider, its site, and its privacy policies, return to that provider’s home page and click on its information link.
Limitation of Liability and Disclaimer of Warranties
The purpose of the Penso website is limited to the dissemination of general information about Penso and related entities. While Penso uses reasonable efforts to include accurate and current information on this website, errors or omissions sometimes occur.
Neither Penso nor related entities makes any warranties or representations as to the accuracy of the information contained in the Website (including, without limitation, any information set forth in any press release provided by a company referred to herein). All materials, information, software, products, and services included in or available through the Website are provided “as is” and “as available” for your use.
Under no circumstances shall Penso nor any party involved in creating, producing, or delivering this website be liable for any direct, indirect, incidental, consequential, or punitive damages that result from the use of, or the inability to use, the materials on this website, even if a Penso authorized representative has been advised of the possibility of such damages.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, and, as a result, the above limitation or exclusion may not apply to you.
Furthermore, neither Penso nor any other Penso entities shall be responsible or liable for any damages to, or any viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this website, or your downloading of any materials, data, text, images, video, or audio from this website.
Indemnification
Upon a request by Penso, you agree to defend, indemnify, and hold harmless Penso, its subsidiaries and other affiliated companies, and the employees, contractors, officers, and directors of each of them from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Website. Penso reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Penso in asserting any available defenses.
International Use
Penso provides investment management services to clients in the US and elsewhere around the world. Those who access the Website do so on their own initiative and are responsible for establishing the legality under any or all applicable jurisdictions and compliance with local laws.
Choice of Law and Forum
These Terms of Use will be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Website will be filed only in the state or federal courts located in the State of New York, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Severability and Integration
Unless otherwise specified herein, this agreement, together with your obligations with respect to any other written agreements with Penso, under which you are authorized to use the Services, constitutes the entire agreement between you and Penso with respect to the Website and the Services, and supersedes all other prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Penso with respect to the Website and the Services. In the event of a conflict between these Terms of Use and any other written agreement, under which you are authorized to use the Services, then the terms of such other agreement shall govern. If any part of these Terms of Use is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.