Legal and Privacy Information
Please read the following terms and conditions (the “terms and conditions”) carefully. By accessing www.guidancefinancial.com and any pages thereof (the “site”), you agree to be bound by these terms and conditions as well as any future revisions made. You are accessing this site pursuant to the terms and conditions noted herein. By accessing this site, you agree to these terms and conditions.
If you do not agree to the terms and conditions below, do not access this site, or any pages thereof.
The information available by accessing this Site has been prepared and is maintained by Capital Guidance and Guidance Financial Group and their affiliated companies (“Guidance Financial“). Guidance Financial collectively refers to subsidiaries and affiliated companies and members of the group which make up the combined business of Guidance Financial. Users may also refer to other Sites available for Guidance Financial and its affiliate companies. Certain portions or pages of this Site are subject to additional disclosures and disclaimers. In the event of a conflict between those disclosures and disclaimers and these terms and conditions, the additional disclosures and disclaimers will govern for such portions and pages.
No Offer/Local Restrictions
Nothing contained in or on the Site should be construed as a solicitation of an offer to buy or offer, or recommendation, to acquire or dispose of any security, commodity, investment or to engage in any other transaction. The information on this Site is for information purposes only and does not constitute an offer or a solicitation, or a recommendation by Guidance Financial of any security, product, or service. No investment advice, tax advice, or legal advice is provided through this Site and you agree that this Site will not be used by you for these purposes. No representation is given that products, or services identified on, or accessible through, this Site are suitable for any particular investor. You acknowledge that your use of this Site and any requests for information are unsolicited.
The information provided on the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. All persons and entities accessing the Site do so on their own initiative and are responsible for compliance with applicable local laws and regulations. The Site is not directed to any person in any jurisdiction where the publication or availability of the Site is prohibited, by reason of that person’s nationality, residence or otherwise. Persons under these restrictions must not access the Site.
Information displayed on this Site contains material describing Guidance Financial and any related products and services that may be interpreted by the relevant authorities in the country of your residence or the country from where you are viewing the Site as a financial promotion. In such circumstances, the information on this Site is only intended to be viewed by persons who fall outside the scope of any law that seeks to regulate financial promotions in the country of your residence or the country in which the Site is being viewed. Examples of such persons may be governmental agencies, persons sufficiently experienced in investment business to appreciate the risks associated with investment services promoted on this Site, large corporations and trusts and high net worth individuals. These examples are not country specific, may not be relevant to the country of your residence or the country in which the Site is being viewed and are provided for illustration purposes only. If you are uncertain about your position under the laws of the country of your residence or the country in which the Site is being viewed then you should seek clarification by obtaining legal advice from a lawyer practising in the country of your residence or the country in which the Site is being viewed before proceeding.
Revisions to these Terms and Conditions
We may revise these Terms and Conditions at any time, without notice.
Information contained in the Site is checked and updated by Guidance Financial with due diligence on a regular basis. However, data and information on the Site may become outdated. Therefore, Guidance Financial does not assume any liability or guarantee for the timeliness, accuracy and completeness of the information provided. Guidance Financial uses reasonable efforts to obtain information from sources which it believes to be reliable. Guidance Financial makes no representation that the information or opinions contained on the Site is accurate, reliable or complete. The information on the Site is provided for informational purposes only and is subject to change without notice.
The Site and the information included on the Site are provided to you without any warranties of any kind. Neither Guidance Financial nor any of their respective suppliers, warrants the accuracy, adequacy, completeness, or timeliness of the materials provided on this Site or the Site’s error-free use or connectivity or availability of the Site or content. There is no warranty of any kind — either express or implied — including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, accuracy, availability and fitness for any particular purpose and freedom from computer virus.
The security systems of Guidance Financial regularly monitor the Web server to help maintain the security of this Site.
Use of Personal Information Provided
Guidance Financial will not collect personal information about you when you visit the Site, unless you choose to directly provide such information to Guidance Financial when contacting Guidance Financial via this Site or via e-mail. Guidance Financial will use this personal information to process your request and, when applicable, respond to you. By contacting us in this manner, you consent to the collection and the use of your personal information for purposes of responding to your request and in the support of services requested.
The contents of the Site are protected by applicable copyright laws. No permission is granted to copy, distribute, or modify any material herein or to post any text, graphics, video, audio or other material hereto. This Site is copyrighted by Guidance Financial and one or more its affiliated companies as the respective owners thereof. All rights are reserved.
Trademark and Propriety Rights
Guidance Financial and one or more its affiliated companies as the respective owners thereof assert their copyright, trademark and other forms of proprietary rights associated with the contents of the Site.
All trademarks, service marks, trade names, logos and registered or unregistered design rights displayed on this Site are proprietary to Guidance Financial. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service marks, trade names, logos and registered or unregistered design rights displayed on this Site without the written permission of Guidance Financial and one or more its affiliated companies as the respective owner thereof. Use of the trademarks, service marks, trade names, and logos, registered or unregistered design rights displayed on this Site, except as provided herein, is strictly prohibited.
The use of the images displayed on this Site by you, or anyone else authorized by you, is prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, and the laws of privacy and publicity, and communications, as well as other regulations and statutes. If you download any information from this Site, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information.
Limitation of Liability
In no event will Guidance Financial be liable for any consequential, incidental, special, punitive or exemplary damages arising out of any use of or inability to use the Site (including but not limited to damages for loss of data, loss of programs, or any other pecuniary loss), arising out of or in any way connected with the access of, use of, performance of, browsing in or linking to other sites from the Site, or any information and related graphics contained in or made available through the Site, regardless of whether Guidance Financial has been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty (including negligence), strict liability or otherwise.
Specific Jurisdictional issues
The provision of information within this Site does not constitute an offer to sell securities to any person in the United States or to any US person as such term is defined under the Securities Act of 1933, as amended. None of the interests discussed within the Site have been, or will be, registered under the U.S. securities Act of 1933, as amended, or qualified under any applicable state statutes. None of the funds discussed within this Site have been, or will be, registered under the U.S. Investment Company Act of 1940, as amended.
This Site is only available to and/or directed at persons in the United Kingdom who: (i) fall within one of the categories of “Investment Professionals” as defined in Article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005, as amended (the “Financial Promotion Order”), (ii) fall within any of the categories of persons described in Article 49 of the Financial Promotion Order (“High net worth companies, unincorporated associations etc.”) or (iii) any other person to whom it may otherwise lawfully be made available.