LEGAL NOTICES
YOUR USE OF THIS WEBSITE IS ACKNOWLEDGEMENT THAT YOU HAVE READ, AGREE WITH AND UNDERSTAND EVERY BIT OF THIS INFORMATION. WE ARE LICENSED IN THE STATE OF CALIFORNIA AND CAN ONLY PROVIDE OUR SERVICES TO RESIDENTS OF THE STATE OF CALIFORNIA.
TERMS OF USE
Welcome to modernportfolio.com. This site is owned and operated by G.M Kenney & Associates Estate and Insurance Services Inc. (hereafter GMK). Please read the following Legal Notices that are the terms and conditions of use for this site. (“Site”). By using this Site and the information and services available through this Site you agree to follow and be bound by these conditions of use. If you do not agree to these conditions, do not use this site.
PURPOSE OF THIS WEB SITE
The purpose of this site is to provide information. Our services are not completely described here. You should contact us directly if you are interested in knowing about or using our investment advisory services. On this site we provide investment information that we believe to be accurate and timely, but there are no guarantees of any kind.
SITE FOR INFORMATION ONLY
The data, information, and content on this Site are for information, education, and noncommercial purposes only. Although GMK may provide data, information, and content relating to investment approaches and mutual funds, you should not construe any such information or other content available through this Site as legal or tax advice. You alone bear the sole responsibility of evaluating the merits and risks associated with the use of any data, information, or content on this site before making any decisions based on such data, information, and/or content. In exchange for using such data, information or content you agree not to hold GMK or its third party content providers liable for any possible claim for damages arising from any decision you make based on the information made available to you through this site. By providing access to other websites, GMK is not recommending or endorsing services provided by any website’s sponsoring organization. Materials relating to any fund should be read in conjunction with a fund prospectus that describes charges, expenses, and risks. Read it carefully before any investment. Past performance is no guarantee of future performance.
SITE FOR CALIFORNIA RESIDENTS ONLY
GMK is licensed in and serves the residents and businesses of the State of California only. Advisory services will be rendered by the firm only after the delivery of the firm’s disclosure brochure ADV Part II and only after the execution of an advisory agreement by the client and the firm. GMK may transact business only in states in which it is registered, California, or in states in which it is excluded or exempted from registration. By using this site you are certifying that you are a resident or business of the State of California.
SPECIAL NOTICE TO THOSE WHO ARE NOT CALIFORNIA RESIDENTS
Each of the investment products and services referred to on this Site are intended to be made available to residents of the State of California only. This website shall not be construed as a solicitation or offering for any investment products or services to any person in any jurisdiction where such offer or solicitation would be unlawful. Because of the global nature of the Internet, you agree to comply with all local rules regarding online conduct, including all laws, rules, codes, and regulations of the country in which you reside and in the country from which you access this site. In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of technical data exported from the United States.
LINKING
GMK has not reviewed or authorized any sites linking to this site. We do not take responsibility for any website linking to this site or any links from this site. Follow links from this site and to this site at your own risk.
COPYRIGHT POLICY
Copyright ©2011 G.M. Kenney & Associates Inc. All rights reserved. All content on this site, including, but not limited to, text graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, HTML code, and XML code is the property of GMK and is protected by United States and International copyright laws.
DOWNLOADING SOFTWARE AND FILES
If you download software or files from this Site, the software—including any files or images incorporated in or generated by the data and accompanying software—and files (collectively the “Files”) are licensed to you solely for your personal, noncommercial use. However, GMK does not transfer title to the files to you. You own the medium on which the files are recorded, but GMK retains full and complete title in and to the Files, including all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Filer to any other form whatsoever. Software from this Site is subject to US export controls. Software from this site may not be downloaded or otherwise reexported or reexported outside the United States. By downloading or using any software from this Site you represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory outside the United States.
TERMINATION
The rights granted to you herein terminate immediately upon any violation by you of these terms of use. GMK reserves the right to terminate you access to this Site at any time, without notice, or any reason whatsoever. You agree that GMK shall not be liable to you or any third party for any termination of your access to this site.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS PROVIDED ON AN”AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, GMK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. GMK MAKES NO WARRANTY THAT 1) THIS SITE WILL MEET YOUR REQURIEMENTS, 2) THAT THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF VIRUSES, ERRORS, WORMS, DATE BOMBS, TIME BOMBS OR OTHER HARMFUL COMPONENTS 3) THAT THE RESULTS OBTAINED FROM THIS SITE WILL BE ACCURATE OR RELIABLE, 4) THAT THE QUALITY OF ANY PRODUCT OR SERVICES INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THOUGH THIS SITE WILL MEET YOUR EXPECTATIONS, 5) THAT ANY ERRORS ON THIS SITE WILL BE CORRECTED: AND THE DATA AND MATERIALS PRESENTED OR DISPLAYED ON THIUS SITE ARE CORRECT, ACCURATE, OR RELIABLE.
ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPOSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, WHETHER OBTAINED BY YOU FROM GMK, FROM A GMK EMPLOYEE OR AGENT, OR THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. GMK WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGE FOR LOSS OF PROFITS, REVENUE, INCOME GOODWILL, USE, DATA, OR OTHER INTANGIBLES (EVEN IF GMK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY MATTER RELATED TO THIS SITE.
INDEMNITY
YOU AGREE TO HOLD INDEMNIFY, DEFEND, AND HOLD HARMLESS GMK AND THE OFFICERS, DIRECTORS EMPLOYEES AND AGENTS OF GMK FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, OR EXPENSES, INCLUDING ATTORNEY’S FEES AND COSTS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THIS SITE.
INTEGRATION
If any provision of these Legal Notices is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed and severed and will not affect the validity and enforceability of the remaining provisions. These Legal Notices represent the entire agreement between GMK and the user relating to the subject matter herein.
CHOICE OF LAW
GMK controls and operates this Site from our offices within the State of California, United States of America. By visiting this site you agree that the laws of the state of California, United States of America, without regard to principle of conflict of laws, will govern these conditions of use and any dispute of any sort that might arise between you and GMK arising from your use of this Site. The courts of the state of California shall have exclusive jurisdiction to settle any dispute that may arise out of, under, or in connection with these conditions, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such actions.
MODIFICATIONS
GMK reserves the right, at its discretion, to modify these conditions of use at any time, and any such modifications will be effective immediately upon posting the modification(s). We suggest that you check these Legal Notices periodically for modifications. If you use this site after we post modifications to this Site, then you will bound by such modifications.
