SPECTRUM MANAGEMENT GROUP
Effective Date: 7/1/2015
BY ACCESSING, DOWNLOADING, INSTALLING, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT (THE "TERMS"). YOUR ACCESS OF THE SITE AND USE OF THE SERVICES IS EXPRESSLY CONDITIONED UPON YOUR AGREEMENT TO THE TERMS IN FULL. IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO BE BOUND BY THE TERMS IN FULL, THEN YOU MAY NOT ACCESS THE SITE OR USE THE SERVICES.
1. Spectrum Management Group Overview. Spectrum Management Group is an independent boutique wealth management firm dedicated to providing comprehensive wealth management and family office services. For more than 20 years, our clients have trusted us to help grow, preserve, and manage their wealth. Effective wealth management should consider the totality of one's financial life, and must also be fluid, dynamic, and proactive in order to address the myriad of details and decision points that arise over time.
3. Modification of the Terms. Spectrum may deem it necessary to modify these Terms from time to time. Spectrum reserves the right to modify or amend the Terms at any time, in Spectrum's sole and absolute discretion. Spectrum may or may not provide notice of any modifications directly to you. Modifications to the Terms are effective upon Spectrum's posting the amended Terms to the Site. You may determine the date the Agreement was last amended and the current Terms by referring to the "Effective Date" above. You should regularly review the Terms to ensure your continued compliance and agreement. YOUR USE OF THE SERVICES CONSTITUTES YOUR AGREEMENT TO THE CURRENT TERMS.
4. Other Incorporated Terms. Your use of the Services is further subject to any and all additional terms, agreements, policies, rules, or guidelines applicable to the Services or certain features of the Services, such as software and end-user license agreements for Spectrum partners or third-party services associated with or provided as part of the Services, or rules applicable to particular features or content on the Services (collectively, the "Incorporated Terms"). All such Incorporated Terms are incorporated by reference and made a part of these Terms.
6. Accounts and Registration. You may be required to register for accounts and create passwords in connection with the Services. When you register for an account, you may be required to provide information about yourself, such as your email address, username, password, contact information, and your login information to use the Services. You agree that any information you provide to us is true, accurate, and current, and that you will update and maintain the information as necessary to ensure that it is accurate and up-to-date. You agree you are solely responsible for maintaining the confidentiality of your account and your passwords and login information. You also agree that you are responsible for all activities that occur under your account, regardless of whether you perform the activities. If you have reason to believe that your account is no longer secure, you must immediately notify Spectrum at firstname.lastname@example.org. Unless otherwise explicitly authorized by Spectrum, you may only create and use one account for each of the Services. Creating multiple or overlapping accounts is prohibited and may result in account termination.
7. Eligibility. You must be at least eighteen (18) years of age or older to use the Services. Furthermore, the Services are not directed to children under age thirteen (13). By agreeing to these Terms, you represent and warrant to Spectrum: (i) that you have not previously been suspended or removed from the Services; and (ii) that your registration and use of the Services is in compliance with all applicable laws and regulations. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization. If Spectrum becomes aware personally identifiable information of a child under the age of 13 or other ineligible party or entity has been submitted via or appears within the Services, Spectrum will take all action necessary to comply with its responsibilities under applicable laws and legal requirements.
8. Prohibited Conduct. Users of the Services may not:
- use the Services, related content, or any component thereof, for any unintended commercial purpose, including advertising, offering for sale, or selling any item using the Services;
- use the Services for or in connection with any illegal purpose, or in violation of any applicable local, state, national, or international law or rule or regulation having the force of law;
- violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property or other legal rights;
- reproduce, distribute, publicly display or perform, modify, make derivative works of, redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Services code or program, in whole or part;
- post, upload, or otherwise distribute or post links to any content that is unlawful, defamatory, libelous, inaccurate, or that you do not have all necessary rights to transmit, or that Spectrum or a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate as determined by Spectrum in its sole discretion;
- interfere with security features of the Site or Services, including without limitation, by: (i) disabling or circumventing features that prevent or limit use or copying of content, or which violate copyrighted or otherwise legally protected software; or (ii) reverse engineering or otherwise attempting to extract the source code of the Services or any part thereof, except to the extent that such activity is expressly permitted by applicable law;
- interfere with the operation of the Services or any user's enjoyment of the Services, including without limitation, by: (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious software or code; (ii) making unsolicited offers, advertisements, or other solicitations, directing spam or other unsolicited communications to other users, or conducting your own contests or promotions using the Services; (iii) attempting to collect personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Services, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
- perform any fraudulent activity using or in connection with the Services, including impersonating any person or entity, claiming false affiliations, accessing the accounts or passwords of others without permission, or falsifying your age, date of birth, or contact information;
- access or attempt to access the account or passwords of any other user without their express prior authority;
- sell or otherwise transfer the access granted to you to the Services or Property (as defined below), or any right or ability to view, access, or use the Services or any Property; or
- attempt to do any of the foregoing in this Section, or assist or permit any persons in engaging in any of the activities described in this Section;
9. Termination of Use; Discontinuation or Modification of the Services. If you violate any provision of these Terms, your license to use the Services will terminate automatically. Additionally, Spectrum, in its sole discretion, may terminate your user account in connection with the Services, or suspend or terminate your access to the Services, temporarily or permanently, at any time, for any reason whatsoever, with or without notice. Upon such termination, you must immediately cease accessing or using the Services, or attempting to do so. Furthermore, you acknowledge that Spectrum reserves the right to take action, technical, legal or otherwise, to block, nullify, or deny your ability to access the Services.
Spectrum also reserves the right to modify, suspend, or discontinue the Services or any function of the Services at any time (including, without limitation, by limiting or discontinuing certain functions or features of, or access to, the Services), with or without notice to you. The Services may also be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Spectrum will have no liability whatsoever on account of any modification to the Services or any suspension or termination of your account, access to, or use of the Services, or for any delays, failures or other damages incidental to such changes. You may terminate your account at any time by contacting Spectrum at email@example.com.
10. Third-Party Services and Linked Websites. Spectrum may provide access to tools and services provided by third party partners. You agree that we may share your information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their collection, use and storage of your information. The Services may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.
11. Ownership of the Services. The Services are operated and owned by Spectrum or our third-party partners. The content, visual interfaces, graphics, logos, design, compilation, information, data, computer code (including source code or object code), products, software, services, copyrights, trademarks, trade dress, other intellectual properties, and all other elements of the Services (the "Property") are protected by intellectual property, proprietary rights, and other applicable laws. All Property contained in the Services are owned by Spectrum or our third-party licensors.
Your use of the Services does not grant you any rights to the use or control of any of the Property, except those rights expressly granted by these Terms. The Property may not be used by you in connection with any product or service in any manner that is likely to cause confusion or otherwise violate the rights granted to Spectrum in the Property, including use of any Property as part of trademarks, trade dress, designs, or as part of domain names, email addresses, account names or handles, or other digital properties. Any copying, republication, redistribution, performance, or creation of derivative works based upon the Property, including by caching, framing or any similar means, are strictly prohibited.
12. Indemnity. You agree that you will be responsible for your use of the Services and any other use of the Services via your account or login information, and agree to defend, indemnify, and hold harmless Spectrum and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "Spectrum Entities ") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Services; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
13. Spectrum's Disclaimers; NO WARRANTIES. THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. SPECTRUM AND ITS THIRD PARTY LICENORS AND PARTNERS SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO (I) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL OBTAIN ANY PARTICULAR RESULT; AND (II) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. SPECTRUM DOES NOT WARRANT THAT THE SERVICES OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. SPECTRUM CANNOT GUARANTEE THAT YOU WILL OBTAIN THE RESULTS YOU SEEK OR WARRANT THAT THE SERVICES WILL BE ERROR-FREE. SPECTRUM MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO USE OF THE SERVICES OR THE USE OR ACCURACY OF THE INFORMATION ON THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING SPECTRUM OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALINGS WITH OTHER SERVICES USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM, COMPUTER NETWORK, OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
14. Spectrum's Limitation of Liability. IN NO EVENT WILL SPECTRUM BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY PROPERTY OR CONTENT OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SPECTRUM HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU ACKNOWLEDGE AND AGREE THAT SPECTRUM HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING: (I) OTHER USERS' BEHAVIOR; (II) WHAT EFFECTS THE SERVICES MAY HAVE ON YOU; (III) HOW YOU MAY INTERPRET OR USE THE SERVICES; OR (IV) WHAT ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE SERVICES. SPECTRUM MAKES NO REPRESENTATIONS CONCERNING ANY SERVICES, INCLUDING THE ACCURACY THEREOF, AND SPECTRUM IS NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES.
YOU AGREE THAT THE AGGREGATE LIABILITY OF SPECTRUM TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICES (INCLUDING ANY PROPERTY OR CONTENT AVAILABLE THROUGH THE SERVICES) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (I) THE AMOUNTS YOU HAVE PAID TO HUMIN FOR ACCESS TO AND USE OF THE SERVICES IN THE 12 MONTHS PRIOR TO THE CLAIM OR (II) USD $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
15. Governing Law. This Agreement is made under, and shall be construed according to, the laws of the State of Indiana without regard to conflict of law principles. You and Spectrum agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Marion or Hamilton Counties of Indiana for the purpose of litigating all such disputes, and waive objection to venue laid therein. Spectrum operates the Services from our offices in Indiana, and we make no representation that the Services or Property included in the Services are appropriate or available for use in other locations.
18. Contact Spectrum. The Services are offered by Spectrum Management Group, Inc., which maintains a business address at 600 East 96th Street, Suite 130, Indianapolis, IN 46240. You may contact Spectrum at firstname.lastname@example.org. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your email address and a request for these Terms.