Terms of Use

The following terms and conditions govern the use of this website (elementpointe.com), which is managed and operated by Element Pointe Advisors, LLC. (“Element Pointe Advisors”), an Investment Advisor registered with the U.S. Securities and Exchange Commission with its principal place of business located in Miami, FL. By using this website and the online services or other websites operated or offered by Element Pointe Advisors (collectively the “Website”), you agree to these Terms and Conditions.

Investment advisory services are only provided to investors who become Element Pointe Advisors clients pursuant to a written account agreement, which investors are urged to read and carefully consider in determining whether such agreement is suitable for their individual facts and circumstances.

All investments involve risk. Securities products are not FDIC insured, are not bank guaranteed and may lose value. Past performance does not guarantee future results. While the information on the Website is gathered from sources deemed to be reliable, we cannot guarantee the accuracy or completeness of such information.

Privacy

For information about your privacy, please see our privacy policy.

Commentary

Links

Clicking on certain links within the Website or certain other websites that are linked to the Website may take you to other websites, or may display information on your computer screen from other websites, which may not be maintained by Element Pointe Advisors. Such websites may contain terms and conditions, privacy provisions, confidentiality provisions, or other provisions that differ from the terms and conditions applicable to the Website. Links to other Internet services and websites are provided solely for the convenience of users. A link to any service or website is not an endorsement of any kind of the service or website, its content, or its sponsoring organization.

Element Pointe Advisors assumes no responsibility or liability whatsoever for the content, accuracy, reliability or opinions expressed in a website, to which the website is linked (a “linked website”) and such linked websites are not monitored, investigated, or checked for accuracy or completeness by Element Pointe Advisors. It is your responsibility to evaluate the accuracy, reliability, timeliness and completeness of any information available on a linked website. All products, services and content obtained from a linked website are provided “as is” without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy.

Limited Liability

Neither Element Pointe Advisors nor any other party involved in the creation, production or delivery of the information at the website, nor the officers, directors, employees or representatives of Element Pointe Advisors, are liable in any way for any indirect, special, punitive, consequential, or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the website or the use of the website or a linked website or with the delay or inability to use the website or a linked website, whether or not Element Pointe Advisors is made aware of the possibility of such damages. This limitation includes, but is not limited to, the transmission of any viruses, data or harmful code that may affect your equipment or anyone else’s equipment, any incompatibility between the website’s files and your browser or other website accessing program, or any failure of any electronic or telephone equipment, communication or connection lines, unauthorized access, theft, operator errors, or any force majeure. Element Pointe Advisors does not guarantee continuous, uninterrupted or secure access to the website or a linked website. The content, accuracy, opinions expressed, and other links provided by linked websites are not necessarily investigated, verified, monitored or endorsed by Element Pointe Advisors. The information, software, products and description of services published on the website or a linked website may include inaccuracies or typographical errors, and Element Pointe Advisors specifically disclaims any liability for such inaccuracies or errors. Changes are periodically made to the information on the website and linked websites. Element Pointe Advisors may make improvements or changes to the website at any time.

No Warranties

All products, services and content on the website are provided “as is” without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy. . Element Pointe Advisors does not endorse and is not responsible for the accuracy or reliability of any information on the website. It is your responsibility to evaluate the accuracy, reliability, timeliness and completeness of any information available on the website. . Element Pointe Advisors specifically disclaims any duty to update the information on the website.

You agree to indemnify, defend, and hold Element Pointe Advisors harmless from any liability, losses, damages, penalties, claims and expenses, including attorney’s fees related to your violation of these terms of use or the use of the services and information provided at the website.

Confidentiality of Information

Element Pointe Advisors has taken reasonable steps to ensure the confidentiality of information taken at the Website and transmitted via the Internet. However, unexpected changes in technology may be used by unauthorized third parties to intercept confidential information and we cannot be responsible should confidential information be intercepted and subsequently used by an unintended recipient.

Please read our privacy policy for further information on confidentiality of information.

Choice of Law

All Website activity or use and these Terms and Conditions are governed by the laws of the United States of America and the applicable laws of the State of Florida, without regard to conflict of law principles. You agree that the federal court of the Southern District of Florida, if it has subject matter jurisdiction, will have exclusive jurisdiction to hear and determine any claims or disputes between you and Element Pointe Advisors, pertaining directly or indirectly to these Terms and Conditions, or to any matter arising from these Terms and Conditions, or any other document executed and delivered in connection with these Terms and Conditions, the use of the Website or the online services offered by Element Pointe Advisors. If the federal court lacks subject matter jurisdiction, any state court located in Allegheny County will have exclusive jurisdiction to hear and determine such claims or disputes. To the fullest extent permitted by applicable state and federal law, you and Element Pointe Advisors each agree to waive the constitutional right to a trial before a jury. All disputes and controversies and claims arising out of the use of the Website will be resolved either through arbitration or in the courts.

Website Content and Material

The information and materials contained in the Website, including but not limited to these Terms and Conditions and any product information, are subject to change without notice. You are deemed to be apprised of and bound by any such changes. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination and acceptance by us.

Waiver and Severability

Any waiver of any provision contained in these Terms and Conditions shall not be deemed to be a waiver of any other right, term or provision of these Terms and Conditions. If any provision in these Terms and Conditions shall be or become wholly or partially invalid, illegal or unenforceable, such provision shall be enforced to the extent it is legal and valid and the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.

Access and Interference

You agree not to engage in any of the following:

  • Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Website or any portion of the Website, without Element Pointe Advisors’ express written consent, which may be withheld in Element Pointe Advisors’ sole discretion.
  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than the search engines and search agents available through the Website and other than generally available third-party web browsers (such as Microsoft Explorer).
  • Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Website.
  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Website.

Secured Areas

Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized persons attempting to access these areas of the website may be subject to prosecution.

Electronic Communications

The Website provides you Element Pointe Advisors e-mail addresses so that you may communicate electronically by sending an e-mail message to Element Pointe Advisors. All e-mail sent to and from Element Pointe Advisors will be received or otherwise recorded by the Element Pointe Advisors e-mail system and is subject to archival, monitoring or review by and/or disclosure to, someone other than the recipient. Communications through the website may involve the electronic transmission, to any e-mail address you provided to us, of information that you may consider to be personal financial information and you agree and consent to such transmission of such information. You agree not to use e-mail to transmit any confidential personal information. It is your responsibility to update or change your e-mail address, as appropriate.