Your Agreement to These Terms and Conditions
By using this Website, you signify that you have carefully read and agree to be bound by the following terms and conditions of use (“Terms and Conditions”). If you do not agree to these Terms and Conditions, you are not authorized to, and should not, view or use this Website for any purpose. Colony Family Offices®, LLC (“Colony”) may revise these terms or the content of this Website at any time by updating this posting, and you agree to be bound by any such revisions. Colony may also revoke your right or block your ability to use this Website at any time for violations of these Terms and Conditions or for any other reason. All text, graphics, design, selection, and arrangement of information on this Site are protected by U.S. and international copyright laws. All rights reserved.
Overview
Colony is a North Carolina limited liability company registered with the Securities and Exchange Commission (the “SEC”) as an investment adviser pursuant to the Investment Advisers Act of 1940, as amended, and the rules and regulations promulgated thereunder. However, the SEC does not and has not sponsored, recommended or approved Colony or passed upon Colony’s abilities or qualifications in any way.
Colony’s website is provided as a convenient method to disseminate general information pertaining to Colony’s advisory services as well as provide access to additional investment-related information, publications and links. No part of this Website may be reproduced in any manner without the express written permission of Colony. Your use of this Website is subject to the following Terms and Conditions of Use (“Terms and Conditions”).
Terms and Conditions of Use
These Terms and Conditions are a binding contract between you and Colony. By using or accessing this Website, you accept and agree to be bound by these Terms and Conditions. Your use of the website is governed by the version of the Terms and Conditions in effect on the date in which this site is accessed by you. Colony may modify these Terms and Conditions at any time and without prior notice. You should review these Terms and Conditions from time to time, as your continued use of this site signifies your acceptance of any changes.
Information contained on this Website is derived from sources believed by Colony to be reliable. However, Colony does not represent that this information is complete or accurate and it should not be relied upon as such. All opinions expressed herein are subject to change without notice. Colony does not provide accounting, legal or tax advice and no portion of the Colony website should be interpreted as such. All content on the Colony website is presented only as of the date published or indicated and may be superseded at any time. All content included on this site is the property of Colony and is protected by United States copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in this site, including any text, logos, graphics, video, audio, software code or user interface design without the express written consent of Colony.
This website and included materials do not constitute (i) an offer to sell or buy any securities, (ii) the solicitation of an offer to sell or buy any securities, (iii) the recommendation to buy or sell securities, or (iv) any representation as to the suitability or appropriateness of any security, financial product or instrument. Investors should seek financial advice regarding the appropriateness of investing in any security or investment strategy discussed or recommended on this Website. There is no guarantee that any investment program or account will be profitable or will not incur a loss. Investors should note that security values may fluctuate, and that price or value may rise or fall. Accordingly, investors may receive back less than originally invested. Past performance is not necessarily a guide to future performance. Individual client accounts investment results may vary.
Some of the information on this Website contains forward-looking statements. Such statements include, in particular, statements about Colony’s plans, strategies and prospects for success. You can generally identify forward-looking statements by the use of forward-looking terminology such as “may,” “will,” “expect,” “intend,” “anticipate,” “estimate,” “believe,” “continue” or other similar words. You should not rely on any forward-looking statements because the matters they describe are subject to known and unknown risks, uncertainties and other unpredictable factors that are beyond Colony’s control, which could cause our actual results to differ materially from those projected in any forward-looking statement we make. Actual results may vary from these projections, and the variations may be material.
Means of Access
Certain parts of the Colony website are protected by a User ID and Password and require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the Colony website, or to any other protected materials or information, through any means not intentionally made available by Colony for your specific use. If you have a User ID and Password for access to non-public areas of the Colony website, you are solely responsible for all activities that occur in connection with your User ID and Password; therefore, you should take steps to protect the confidentiality of this information. You agree to notify Colony immediately if you become aware of any disclosure, loss, theft or unauthorized use of your User ID and Password.
Indemnification
As a condition of your use of the Colony website, to the extent permitted by law, you agree to indemnify, defend and hold Colony and its third-party providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from or in any way connected to your use of the Colony website, or from your violation of these Terms and Conditions.
Limitation of Liability
COLONY WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF COLONY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES AND INFORMATION AVAILABLE FROM ITS WEBSITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE COLONY WEBSITE AND ANY THIRD-PARTY CONTENT.
Force Majeure
Colony will not be liable for failure or losses caused by conditions and events beyond its control including, without limitation: fire, electrical, mechanical or equipment breakdowns, delays by third-party vendors and/or communications carriers, civil disturbances or disorders, terrorist acts, strikes, acts of governmental authority or new governmental restrictions, market fluctuations or acts of God.
Links to Third-Party Websites
This website may contain links to third-party websites. Any links to such third-party websites are provided solely as a convenience to you and not as an endorsement by Colony of the content on such third-party web sites, or any affiliation or association with its operators. Colony is not responsible for the content of linked third-party sites, including, without limitation, any link contained in a linked site, or any changes or updates to a linked site, and do not make any representations regarding the information, services, products or accuracy of any material contained on such third-party websites.
Changes to the Website
Colony may terminate your access to the Colony website or discontinue or modify the Colony website at any time without prior notice to you. Your continued use of the Colony website following any such modification will constitute acknowledgement of your acceptance of said modifications.
Governing Law
Except as otherwise required by law, the Terms and Conditions for this Website shall be governed, construed and enforced in accordance with the substantive and procedural laws of the State of North Carolina including its statutes of limitations, without regard to any conflicts of law principle, decisional law or statutory provision which would require, cause or permit the application of the substantive law of any other jurisdiction, and without regard to the 1980 United Nations Conference on the International Sale of Goods, which shall not apply to this Agreement.
Jurisdiction
You hereby irrevocably consent to the personal jurisdiction of the courts of the State of North Carolina located in the County of Mecklenburg and of the United States District Court for the Western District of North Carolina, Charlotte Division (collectively, the “Designated Courts”), in any action to enforce, interpret or construe any provision of this Agreement or of any other agreement or document delivered in connection with this Agreement, and also hereby irrevocably waive any defense of improper venue or forum non conveniens to any such action brought in any of the Designated Courts. The parties further irrevocably agree that any action to enforce, interpret or construe any provision of this Agreement will be brought only in one of the Designated Courts and not in any other court.
Text Messaging
By subscribing to receive text messages from Colony Family Offices, LLC (“Colony”), you agree to receive text messages regarding Colony services, promotions, and updates based on your selections and consent. Message frequency varies. Message and data rates may apply. Reply HELP for help. Reply STOP to cancel.
When you subscribe to receive text messages from us, we may collect your phone number to send you the text messages you’ve subscribed to, the content of messages you send to us and receive from us, and opt-in/opt-out information, including records of your consent and communication preferences. We use this information to send you text messages about Colony services, promotions, and updates based on your selections and consent, provide customer service and support, and analyze and improve our text messaging services and communications.
We do not share your mobile information with third parties or affiliates for their own marketing or promotional purposes. We may share limited information with service providers that help us deliver and administer our text messaging program, including messaging platform providers, and with others as required by law, regulation, or legal process. Text messaging originator opt-in data and consent will not be shared with any third parties for their own marketing purposes. We use appropriate security measures to safeguard your personal information. Your data is protected from unauthorized access, disclosure, alteration, or destruction using encryption, secure systems, and monitoring.
You have the right to opt out of receiving text messages from Colony at any time. To stop receiving messages, reply “STOP” to any text you receive from us. Once you opt out, we will stop sending you messages, although you may receive a final confirmation message.
We may update these terms from time to time. If we make material changes, we may notify you via text message and/or by posting the updated terms. Updates are effective when posted.
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Our promise is to bring clarity to your financial framework, continuity to the relationship, and trust to every step forward.