Terms of Use
This Terms of Use Agreement (this "Agreement") is made between you and Fillmore Capital Partners, LLC ("Fillmore", "we" or "us") and defines your permissible use of the Fillmore website, https://fillmorecap.com. This Agreement applies to your use of the Site, not the provision of investment advisory services or other services which are separately governed by the documents accepted by Fillmore in order to become a client of Fillmore (collectively, the "Client Agreements"). You acknowledge and agree that your use of and access to the Site does not establish an investment advisory services engagement with Fillmore and does not make you a client of Fillmore. You understand and agree that the information on the Site is not a promotion or advice and you will not treat it as such.
By using the Site, you acknowledge that you have read and understood this Agreement and agree to be bound by the terms of this Agreement. If you do not agree to these terms, please do not use the Site.
Fillmore may change the terms of this Agree at any time and such changes will be effective immediately upon posting unless we indicate otherwise. We suggest that you periodically check these Terms for any changes. If you have any questions about this Agreement, your use of the Site or any of our services, please contact Fillmore at 614-781-1420.
- Fillmore Services
- Privacy
- Intellectual Property; License
- Conduct
- Indemnification
- Site Availaility
- Links
- Past Performance
- Disclaimer of Warranties
- Limitation of Liability
- Intended for U.S. Residents Only
- Choice of Law
- Arbitration
- Severability
- Entire Agreement
- Application of Certain Provisions after Termination of this Agreement
1. Fillmore Services
Fillmore operates as a registered investment advisor under the Investment Advisors Act of 1940, as amended (the “Advisors Act”). We make our services available only after we have delivered to you our Client Relationship Summary (Form CRS) and Brochure (Form ADV Part 2A and 2B), and you have agreed to the terms of the applicable Client Agreements.
The content on the Site is for convenience and information purposes only and may not contain all the elements that may be relevant for you to make an informed decision in relation to any strategies, products, or services discussed herein. You should consult your financial and legal advisors, and independently verify all content provided through the Site before you make decisions. Nothing on the Site constitutes, and nothing on the Site should be construed as, financial or investment advice or as an offer, invitation, solicitation, or recommendation to sell or buy any product or service. The Site is not personalized or in any way tailored to reflect your particular investment objectives, financial situation, or needs. Nothing contained on the Site constitutes, and nothing on the Site should be construed as, rendering tax, legal, investment, or accounting advice. The posting of any prospectus or any other information on the Site is not a recommendation or opinion for you to buy or sell any product or service or participate in any transaction.
2. Privacy
Fillmore collects and stores data about you when you use the Site, which may include your email address, site traffic, and other data. We use, collect, and store your data pursuant to our Privacy Policy. Data collected and stored by third party providers to the Site are subject to their respective terms and policies.
3. Intellectual Property; License
The Materials on the Site and included in our Services are protected by United States and international copyright and other intellectual property laws and are the properties of Fillmore and/or its licensors. "Materials" means all technology, content, software, tools, information, graphics, videos, and other features found on the Site. Subject to the terms and conditions of this Agreement, Fillmore grants you a revocable, non-exclusive, non-transferable, limited right to access, use, display, and print pages within the Site for your personal and informational use only. At any time, and for any reason, we may revoke your right to use all or any portion of the Site.
4. Conduct
You agree to use the Site for lawful purposes only. Accordingly, you agree that you will not use (or allow others to use) the Site to:
- Attempt to access, decompile, reverse engineer or otherwise derive the source code for any technology associated with the Site;
- Resell or make any commercial use of the Site or the information therein;
- Alter, remove or fail to include any copyright notice or other proprietary rights notice that appear on any user interfaces related to the Site;
- Violate or attempt to violate the security of the Site through any means or device, including without limitation, spamming, hacking, or uploading computer viruses or other malware;
- Use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, copy, or harvest data from any part of the Site;
- Use any content on the Site for the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system; or
- Take any action that damages or disrupts the functioning or appearance of the Site or our systems, or that imposes an unreasonably or disproportionately large load on our infrastructure.
5. Indemnification
You agree to accept responsibility for any liability to Fillmore that arises from any action that you take in breach of this Agreement. You agree to indemnify Fillmore and its affiliates, agents, members, managers, officers, employees, and third-party providers against any and all suits, losses, claims, demands, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) that arise from, or relate to: (a) your use of the Site; (b) your breach of this Agreement; (c) your violation of any applicable law, statute, ordinance, regulation, or any third party's rights; or (d) claims asserted by third parties which, if proven, would place you in breach of this Agreement or violation of applicable law.
6. Site Availability
Fillmore makes reasonable efforts to avoid technical problems, but a portion of or this entire Site may at times be unavailable and not function properly. Fillmore is not liable for any Site problems or the impact resulting from such problems. We make reasonable efforts to ensure that the Site is secure, but we do not guarantee the security of the Site. You understand that you use the Site at your own risk.
7. Links
Links from the Site to a non-Fillmore website may be provided for the user’s convenience only. Fillmore does not control or review these third-party sites nor does the provision of a link imply any endorsement of or association with such non-Fillmore sites. If you link to any website from the Site, you do so at your own risk. To the extent that any information on the Site relates to a third party, this information has been provided by that third party and is the sole responsibility of such third party and, as such, Fillmore accepts no liability for such information. Subject to the terms of applicable service or other agreements, Fillmore will remove any link from the Site upon request from the owner of the linked website. Please contact Fillmore at 614-781-1420 to submit such a request.
Links from the Site to websites of affiliates of Fillmore are provided for the user’s convenience only. Each such affiliate’s website is issued or approved solely by the applicable affiliate and not by Fillmore. Each such affiliate is solely responsible for the content of its respective website. The laws governing any affiliate and its respective websites may differ from the laws governing any other affiliate and its respective website and the relevant website's terms and conditions and policies may differ for each such affiliate from those of any other affiliate.
8. Past Performance
To the extent that the Site contains any information regarding the past performance of a product or investment, such information is not a reliable indicator of future performance and should not be relied upon as a basis for an investment decision. To the extent that the Site contains any information regarding simulated past performance, such information is not a reliable indicator of future performance and should not be relied on as the basis for an investment decision.
The value of investments and the income from them can go down as well as up and investors may not get back the amount originally invested and may lose all of their investment. The value of direct investments may be affected by the price of underlying investments. Exchange rate changes may cause the value of overseas investments to rise or fall.
9. Disclaimer of Warranties
THE SITE, INCLUDING WITHOUT LIMITATION ALL MATERIAL AND SERVICES, IS PROVIDED "AS IS" AND "AS AVAILABLE". FILLMORE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SITE. YOU FURTHER AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING INFORMATION OR USING ANY OTHER FEATURE OF THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, FILLMORE'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
10. Limitation of Liability
To the extent that the Site contains any information regarding the past performance of a product or investment, such information is not a reliable indicator of future performance and should not be relied upon as a basis for an investment decision. To the extent that the Site contains any information regarding simulated past performance, such information is not a reliable indicator of future performance and should not be relied on as the basis for an investment decision.
The value of investments and the income from them can go down as well as up and investors may not get back the amount originally invested and may lose all of their investment. The value of direct investments may be affected by the price of underlying investments. Exchange rate changes may cause the value of overseas investments to rise or fall.
11. Intended for U.S. Residents Only
Fillmore and its representatives may transact business only in states where they are registered, excluded, or exempted from state registration requirements. The Site is intended for United States residents. Fillmore makes no representation that the Site and any content therein is appropriate for users residing outside the United States, or permitted under the laws of other jurisdictions. If you choose to access the Site from a location outside the United States, you do so at your own risk and are responsible for complying with all applicable local laws.
The Site is provided for informational purposes only and is not, and shall not be considered, an offering of any investment service to any person in any jurisdiction.
12. Choice of Law
Fillmore and its representatives may transact business only in states where they are registered, excluded, or exempted from state registration requirements. The Site is intended for United States residents. Fillmore makes no representation that the Site and any content therein is appropriate for users residing outside the United States, or permitted under the laws of other jurisdictions. If you choose to access the Site from a location outside the United States, you do so at your own risk and are responsible for complying with all applicable local laws.
The Site is provided for informational purposes only and is not, and shall not be considered, an offering of any investment service to any person in any jurisdiction.
13. Arbitration
All controversies that may arise between us concerning this Agreement and your use of the Site will be determined by arbitration before a panel of independent arbitrators established by the American Arbitration Association. The venue for any such arbitration shall be Franklin County, Ohio. You understand that judgment upon any arbitration award may be entered in any court of competent jurisdiction.
No person will bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action, or who is a member of a putative class who has not opted out of the class regarding any claims encompassed by the putative class action until: (a) the class certification is denied; (b) the class is decertified; or (c) the court excludes such person from the class.
14. Severability
This Agreement represents the entire and complete understanding between you and Fillmore regarding the use of the Site. In the event of a conflict between the terms of this Agreement and the Client Agreements, the Client Agreements will control but solely as to the subject matter therein.
15. Entire Agreement
If any provision of this Agreement is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible and the remaining provisions of these terms and conditions will remain in full force and effect.
16. Application of Certain Provisions after Termination of this Agreement
Section 5 (Indemnification), along with Sections 7-15, will survive any termination of this Agreement together with all obligations, rights, and causes of action that may have accrued prior to termination.