Terms and Conditions of Use
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PLEASE READ THESE TERMS CAREFULLY. By accessing or using this website, you acknowledge that you have read, understand, and agree to be bound by these Terms of Use. if you do not agree to these terms of use, you should not agree to these Terms of Use you should not access or use this website. We reserve the right to amend these Terms of Use from time to time by posting the amended version on this website. Your continued use of the website following such changes constitutes your acceptance of the revised Terms of Use.
1. Access to the Website. The Website is made available to persons who are at least eighteen (18) years of age and who agree to be bound by these Terms of Use.
The Website and the information contained herein are provided for informational purposes only as a service to SCS clients, investors, and other interested parties. Subject to these Terms of Use, SCS grants, subject to these Terms of Use, you a personal, nonexclusive, nontransferable revocable license to access, display, bookmark, download, and print a reasonable number of copies of content made available through the Website solely for your personal informational, and non-commercial use, or as otherwise expressly authorized by SCS in writing. You agree not to access or use the Website for any unlawful purpose, for any purpose prohibited by these Terms of Use, or in any manner inconsistent with the limited license granted herein. You may not modify, reproduce, distribute, publicly display, transmit, create derivative works from, rent, lease, loan, sell repost, or otherwise exploit any content from the Website without prior written consent, except as expressly permitted by these Terms of Use. You further agree not to, without first obtaining our express written permission, (a) use any of our trademarks as metatags on other websites, (b) use the Website in any manner that is illegal or impairs its operation or availability or usage by others, (c) display any part of the Website in frames (or any content thereof via in-line links), or (d) use or access, or attempt to use or access, any portion of the Website for which registration is required unless you are a Registered User (as defined in Section 3 below).
2. Privacy Policy. Any personal information submitted by you and through the Website shall be handled in accordance with our Privacy Policy, which is incorporated into these Terms of Use by reference. You should review the Privacy Policy carefully before submitting information through the Website.
If you provide us with a telephone number it will be used only in accordance with applicable law, your consent, and out internal communication practices. No marketing text messages will be sent unless permitted by law and with any consent required by law. Message and data rates may apply, and you may opt out of text communications where applicable.
3. Disclosure Brochure. Additional information regarding SCS, including information about its advisory business and regulatory filings, may be available through its form ADV and related public disclosure filings. https://adviserinfo.sec.gov/firm/summary/122258
4. No Offer, Investment Advice, or Performance Guarantees. Nothing on this Website, including any information or opinion expressed herein, constitutes an offer by SCS to buy or sell any security or financial instrument, including, but not limited to, private investments, or to provide investment advice or any advisory service, to any person in any jurisdiction where such offer, solicitation, purchase, sale or service would be unlawful.
The Website is not intended to provide legal, tax accounting, insurance, or investment advice, and no content on the Website should be relied upon as a substitute for consultation with your own professional advisers.
Any products, services, strategies, or perspectives described on the Website may not be suitable for all persons or in all circumstances. You are solely responsible for determining whether any product, service, or strategy is appropriate for your specific situation.
You should consult your own legal, tax financial, and other professional advisers before making any decision based on information obtained from the Website.
Any performance information presented on the Website reflects past performance only and does not indicate or guarantee future results. All investments involve risk, including the possible loss of principal. Certain strategies referenced on the Website involve illiquid investments or heightened risk of loss and may not be suitable for all investors.
5. Tax Consequences. Any investment products, services, or strategies referenced on the Website may have tax consequences. SCS does not provide tax advice through the Website. Tax laws, regulations, and interpretations may change. Your tax affairs are your own responsibility, and you should consult your own tax advisers regarding the consequences of any product, service, or strategy discussed on the Website.
6. Unavailability in Some Jurisdictions. Certain products, services, or strategies described on the Website may not be available in all jurisdictions or to all persons. Nothing on the Website is directed to any person in any jurisdiction where the publication or availability of the Website or any such product, service, or strategy would be contrary to applicable law or regulation.
7. Restricted Area. Certain portions of the Website may be accessible only to users who are registered and authorized by SCS to use those portions of the Website (“Registered Users”). Unauthorized access to or use of any restricted portion of the Website (the “Restricted Area”), including unauthorized entry, misuse of usernames or passwords, or misuse of any information contained in the Restricted Area, is strictly prohibited.
You may not attempt to gain unauthorized access to the Restricted Area through hacking, password mining, circumvention of authentication measures, or any other means.
If you are authorized to use the Restricted Area, you may be issued login credentials, including a username and password, to access it.
We may suspend, restrict, or terminate your status as a Registered User, or your access to the Restricted Area, at any time, with or without notice, for any reason or no reason, subject to applicable law. You agree not to access the Restricted Area after such suspension, restriction, or termination.
Termination of your access to or use of the Website will not relieve you of obligations arising before such termination or limit any liability you may otherwise have to SCS.
You are responsible for maintaining the confidentiality of your login credentials and for restricting access to them. You agree to notify us promptly of any suspected or actual unauthorized use of your credentials or account.
You remain responsible for activity occurring under your credentials to the extent permitted by applicable law.
SCS has no obligation to inquire into the authority or proprietary of any use of credentials assigned to you and will not be responsible for losses arising from unauthorized use to the extent resulting from your failure to safeguard such credentials, except as otherwise required by law.
8. Responsible Behavior. In addition to the other restrictions in these Terms of Use, you agree not to access or use the Website in any manner that:
a) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of this Website, use of this Website, or access to this Website;
b) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on this Website;
d) make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
e) make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
f) make available any content that is unlawful, harmful, threatening, tortious, defamatory, obscene, invasive of another’s privacy, or otherwise objectionable;
g) make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
h) make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i) interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to this Website;
j) intercept, collect or store personal data about current or former clients of Focus or any other visitors to this Website; or
k) violate any applicable local, state, national or international laws or regulations.
9. Our Rights in the Website. The website and all materials, information, text, images software, design elements, compilations, and other content available on or through the Website are protected by copyright, trademark, unfair competition, and other applicable laws and may not be used, copied, distributed, imitated, republished, in whole or in part, except as expressly provided in these Terms of Use or otherwise expressly authorized in writing by SCS.
SCS reserves all right, title, and interest in and to the Website and its contents including the domain name, design, layout, look and feel, trademarks, service marks, trade dress, and all other intellectual property and proprietary rights embodied in or associated with the Website. No rights are granted to you by implication, estoppel, or otherwise except as expressly set forth in these Terms of Use.
10. Third Party Service Providers. SCS may use third party service providers, vendors, hosting providers, licensors, and other contractors to assist in operating the Website or providing account-related services through the Website (collectively, “Service Providers”).
To the extent applicable, the warranty disclaimers and limitations of liability contained in these Terms of Use shall inure to the benefit of such Service Providers in connection with their services relating to the Website.
11. Links to Third Party Websites. The Website may contain links to third party websites, resources or services.
Such links are provided solely for your convenience and reference. SCS does not control such third party websites or resources, and does not necessarily endorse, sponsor, or affiliate with them.
We make no representations or warranties regarding the content, accuracy, completeness, security, privacy practices, or availability of any third party website or resources, and material contained on such websites does not necessarily reflect the views of SCS.
12. Links to This Website. You may not frame this Website or display any content from this Website by inline links without our prior written consent.
Access to the Website does not authorize you to use any SCS name, logo, trademark, service mark, copyrighted material, or other proprietary content without our prior written consent. If your intent to link to the Website, we request that you notify us in advance and that the link does not present SCS or Website in a false, misleading, derogatory, or otherwise objectionable manner.
13. Submissions. If you submit comments, feedback, questionnaires, forms, questions, suggestions, or other materials through the Website (collectively, “Feedback”), you represent and warrant that your Feedback does not violate the rights of any third party, including any copyright, trademark, privacy, confidentiality, publicity, or other personal or proprietary right.
You remain solely responsible for the content for any Feedback you submit. SCS shall have no obligation to treat Feedback as confidential except as required by law, our Privacy Policy, or other applicable agreement.
14. Monitoring and Enforcement. SCS reserves the right, but not the obligation, to monitor and record activity on the Website, investigate complaints or reported violations of these Terms of Use or applicable policies, report suspected unlawful activity to appropriate authorities, and suspend, restrict, or terminate access to all or part of the Website or take any other action we deem appropriate, subject to applicable law.
15. Disclaimer of Representations and Warranties. THE WEBSITE AND ALL INFORMATION, MATERIALS AND CONTENT AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SCS, MAY, IN ITS SOLE DISCRETION and at any time discontinue the Website or any part of it, with or without notice subject to applicable law.
WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL OPERATE PROPERLY BE CONTINOUSLY AVAILABLE, BE SECURE, BE ERROR-FREE, OR BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. WE ASSUME NO RESONSIBILITY FOR ERRORS, OMISSIONS, INTERUPTIONS, DELAYS, OR FAILURES IN RESPECT OF THE WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SCS FINANCIAL DISCLAIMS ALL REPRESENTATIONS AN WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERSIW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COMPLETENESS, TIMELINESS, AVAILBILITY, QUALITY, AND RELIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO.
16. LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVEN SHALL SCS OR OUR AFFILIATES, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS SERVICE PROVIDERS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES (INCLUDING LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA) ARISING OUT OF OR RELATED TO THIS SITE OR YOUR USE OF THIS SITE, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE INFORMATION PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL CUMULATIVE LIABILITY OF SCS AND OUR AFFILIATES, PARENT COMPANY, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES AND LICENSORS ARISING FROM OR RELATED TO THIS SITE AND YOUR USE OF THIS SITE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS PAID BY YOU TO ACCESS AND USE THIS SITE IN THE TWELVE (12) MONTHS PRECEDING THE FIRST SUCH CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). THE EXISTENCE OF ONE OR MORE CLAIMS SHALL NOT INCREASE THIS LIMITATION.
17. INDEMNIFICATION. You agree, to the fullest extent permitted by law, to indemnify, defend, and hold harmless SCS and its affiliates, officers, directors, employees, agents, and Service Providers from and against third party claims, demands, liabilities, losses, and expenses, including reasonable attorneys’ fees, arising out of or relating to your violation of these Terms of Use, your unlawful use of the Website, your Feedback, or your infringement of any intellectual property or other rights of any person or entity.
18. Force Majeure. SCS shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including fire, flood, severe weather, natural disaster, epidemic, pandemic, labor dispute, war, terrorism, civil disturbance, governmental action, failure of telecommunications, internet or utility service, cyberattack, or similar cause.
19. Entire Agreement. These Terms of Use, together with any other terms, conditions, notices, or policies expressly incorporated by reference or posted on the Website from time to time, constitute the entire agreement between you and SCS with respect to your access to and use of the Website and supersede all prior or contemporaneous communications and proposals, whether oral or written, relating to the same subject matter.
20. Severability. If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, or if no such modification is possible severed, and the remaining provisions shall remain in full force and effect.
21. Waiver. No failure or delay by SCS in exercising any right, power, or remedy under these Terms of Use shall operate as a waiver of that or any other right, power, or remedy. Any waiver must be in writing and signed by an authorized representative of SCS.
22. Assignments. You may not assign, transfer, delegate, or otherwise dispose of any rights or obligations you may have under these Terms of Use or relating to your access to the Website without our prior written consent. Any attempted assignment in violation of the foregoing shall be null and void.
SCS may assign or transfer any right or obligation under these Terms of Use in whole or in part with or without notice to you, to the extent permitted by applicable law.
23. Governing Law; Jurisdiction. These Terms of Use and any dispute, claim, or controversary arising out of or relating to the Website or These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of laws principles.