PRIVACY POLICY

Terms Of Use

YOU SHOULD READ THESE TERMS OF USE BEFORE USING THIS WEBSITE.

In consideration of Cantor Fitzgerald Wealth Partners, LLC (“CFWP” “we,” “us” or “our”) providing you (which term, as used herein, includes you personally and, if you are using this website on behalf of the company or organization on whose behalf we grant you access, such company and organization) access to our Internet website, www.cfwp.com (the “Site”) and the information, documents, reports, data, features, functionalities and software that may be offered to you through the Site and the other materials on the Site (collectively, and as such may be revised from time to time by us, the “Content”), you hereby agree to the following terms and conditions (the “Terms of Use”).

 

Cantor Fitzgerald Wealth Partners, LLC and its affiliates reserve the right to modify these Terms of Use at any time upon written notice or posting to the Site. It is your responsibility to review these Terms of Use whenever accessing or using the Site. You agree that, by accessing and/or using the Site after the posting of modifications to the terms and conditions set forth in these Terms of Use, you signify your acceptance of such terms and conditions, as modified, and these Terms of Use.

The Site and the Content, including images, text and audio on the Site is the sole and exclusive property of CFWP and/or its affiliates (and/or its or its affiliates’ licensors, as applicable) and is protected by applicable copyright, patent, trademark and other intellectual property laws. All other trademarks, if any, on the Site are the property of their respective owners. You may view, download the Content to your computer and print out a hard copy but only for your own reference and internal use and display, but you will not remove any copyright, trademark or other notices or disclaimers contained in the Content. You acquire absolutely no rights or licenses in or to the Site, the Content or the materials contained within the Site other than the limited right to use the Site in accordance with these Terms of Use. Any sale, transmission or redistribution of the Site or the Content, and any copying, modification or other use of the Site or the Content in violation of these Terms of Use, any applicable law, rule or regulation (whether of the United States or other countries), or any rights of any third party are strictly prohibited. All present and future rights in and to the Site and the Content, including trade secrets, trademarks, service marks, copyrights and other proprietary rights under the laws of any domestic or foreign governmental authority (collectively, the “Intellectual Property Rights”) shall at all times be and remain the sole and exclusive property of CFWP as between you and CFWP. Except as specifically permitted by these Terms of Use, you shall not use the Site, the Content, the Intellectual Property Rights or any derivations thereof, or any portion of any of the foregoing, in each case, for any purpose, without our prior written approval. You agree to protect the proprietary rights of CFWP and all others having rights in the Site and/or the Content and to comply with all reasonable written or electronic requests made by CFWP or its suppliers of content or otherwise (“Suppliers”) to protect their and others’ contractual, statutory and common law rights, including the Intellectual Property Rights, in the Site and/or the Content. You agree to provide us with prompt written notice of any unauthorized access or use of the Site and/or the Content by any person or of any claim that the Site and/or the Content infringe(s) upon any copyright, trademark or other contractual, statutory or common law rights of a third party. We expressly prohibit the use of devices (including software) designed to provide repeated automated access to the Site and/or the Content.

 

The Site and the Content are provided solely for information purposes and, with the exception of these Terms of Use or as otherwise indicated, is not intended to, and shall not, constitute any offer or acceptance with respect to any transactions or other matters. Except for these Terms of Use, the Site shall not create any legal relationship between you and us.

 

We neither endorse nor are responsible for the accuracy or reliability of any information or content, including any opinion, advice or statement, made on the Site by anyone other than authorized CFWP employee spokespersons while acting in their official capacities. We do not review and assume no responsibility for any information or content received from, or created by any third party. We reserve the right (but have and shall have no obligation) to monitor, modify, delete, limit or block access to, in each case, in whole or in part, any information or content submitted by any third party to the Site.


The Site and the Content are subject to change at any time by CFWP without notice and CFWP reserves the right, at any time and for any or no reason, to suspend, terminate or restrict your access to or use of the Site and/or the Content. The Site and the Content are provided to you on an “AS IS”, “AS AVAILABLE” basis. To the maximum extent permitted by law, we hereby disclaim any and all warranties, guaranties, conditions, covenants and representations of any kind, express or implied, including any implied warranty of merchantability, quality, fitness for a particular purpose, accuracy, completeness, non-infringement, timeliness and error-free uninterrupted services of the Site or the Content. We do not warrant that the Site or the Content is compatible with your equipment or that the Site or the Content is free of errors, viruses or worms. In no event shall CFWP, its affiliates and its and their partners, directors, officers, representatives, Suppliers, employees and agents (collectively, “CFWP Parties”) be liable for any damage you may suffer as a result of such destructive features. All warranties, whether express or implied, are hereby excluded to the extent permitted by law. 


CFWP Parties shall, to the extent permitted by law, have no liability, contingent or otherwise, whether caused by the negligence of any CFWP Parties or otherwise, to you or to third parties for the accuracy, timeliness, completeness, reliability, performance or continued availability of this Site and/or the Content or for delays or omissions in the Site and/or the Content, including inaccuracies or errors in or omissions from quotes and financial data.  CFWP Parties shall have no responsibility to maintain the information or services made available on the Site and/or the Content or to supply any corrections or updates in connection with such information or services. IN NO EVENT WILL CFWP PARTIES BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF BUSINESS, LOSS OF PROFIT, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL OR REPUTATION OR WASTED MANAGEMENT TIME) WHICH MAY BE INCURRED OR EXPERIENCED ON ACCOUNT OF YOUR USING, ACCESSING OR RELYING ON THE SITE OR THE CONTENT OR ANY INFORMATION OR LINKS ON THE SITE OR THE CONTENT, EVEN IF CFWP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH DAMAGES INCLUDE DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS OR OTHER HARMFUL COMPONENT. Any limitations or restrictions on liability in these Terms of Use shall only apply to the extent permitted by applicable law. 


Nothing set forth in the Site or the Content should be construed as a recommendation to purchase or sell any product or instrument or to enter into any transaction, or as a representation that any particular product or instrument is suitable or appropriate for you. Many of the products described in the Site or the Content involve significant risks and you should not enter into any transactions unless you fully understand all of these risks and have independently determined that the risks are acceptable to you and that the transactions are appropriate for you in light of your objectives, experience, financial and operational resources and other relevant circumstances. Any discussion of risks contained in the Site or the Content, however, should not be considered to be a disclosure of the risks of particular transactions, or a complete discussion of the risks which are mentioned. We are not under any obligation to update the Site or the Content to reflect circumstances that may occur after its initial publication date. Due to legal restrictions or other reasons, we may not update any Site or Content including to take into account material changes or new information.

You should not construe any of the material contained in the Site as business, financial, investment, hedging, trading, legal, regulatory, tax or accounting advice and you should not make this website the primary basis for any investment or trading decisions.  With respect to any such decisions you should consult your own business, financial, accounting or legal advisors.  

In the event you use the Site or the links included on the Site to gain access to any World Wide Web site or any Internet location or a source of information, including social media websites, of any company, organization or person other than CFWP, you acknowledge that such other sites, locations and sources are not under our control and agree that we will not be responsible for any information, content or links found at any such sites, locations or sources, for your use of such information, content or links found at any such sites, locations or sources, or for any such sites, locations or sources use of any information or content you submit, directly or indirectly (e.g., while using the Site). We provide such links only as a convenience to you, and have not tested any software or verified any content found at such sites, locations or sources. You further acknowledge that we make no warranties as to the availability of or otherwise related to any such links or any such sites, locations or sources. Your access to or use of such links or any such sites, locations or sources may be subject to their respective terms of use and it is your responsibility to read and comply with those terms of use. The fact that we have provided a link to any non-CFWP site, location or source does not signify our sponsorship or endorsement of the such site, location or source or any of its the contents of such site, location or source. There are inherent risks in the use of any such links or any software and/or content found on the Internet, and you acknowledge that you understand these risks.

 

In the course of your access to or use of the Site, you may provide, or we may otherwise obtain, information about you or your business activities. By submitting any information or content to or by otherwise accessing and/or using the Site, you unconditionally grant us an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, world-wide, fully paid, transferable, assignable and sublicensable right and license to use, copy, store, reproduce, modify, adapt, publish, translate, create collective and/or derivative works from, distribute, perform and display any such information or content, in whole or in part, and to incorporate any such information or content in any works in any form, media, software or technology now known or later developed, in each case, for any purposes whatsoever, including for advertising, marketing, publicity and promotional purposes, subject only to our privacy policies. You hereby waive all moral rights in any such information or content. In the event that such information or content is submitted through your access to the Site erroneously, or you later determine that such information or content should not have been submitted, for any reason, you accept full financial responsibility for such entry.


You agree to comply with any and all rules, restrictions and disclaimers that are posted on the Site. All materials on the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures and copyright or proprietary notices. Disclaimers, restrictions, disclosure or hedge clauses apply to any partial document or material in the same manner as they do to the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

 

You agree, at your own expense, to indemnify, defend and hold harmless CFWP Parties against any claim, suit, action or other proceeding against any CFWP Parties by a third party, to the extent that such claim, suit, action or other proceeding is based on or arises in connection with your use of the Site, the Content, or any links on the Site, including: (i) your use or someone using your computer’s use of the Site; (ii) a violation of the terms set forth in these Terms of Use by you or anyone using your computer; (iv) a claim that any use of the Site by you or someone using your computer infringes any law, rules, regulation or any intellectual property right, or right of publicity, privacy or any other right of any third party, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Site, the Content, or any links on the Site by you or someone using your computer; (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages and expenses, including reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

 
The Site is published in the United States. You agree that any access to or use of the Site or the Content will be deemed to be entirely at our facility in New York City, under and subject to applicable New York State and United States Federal law, rules and regulations, to the same extent as if you were to physically come to our offices in New York and, without assistance or solicitation, copy material contained in our library.  These Terms of Use shall be governed by, and construed in accordance with, the laws of the State of New York applicable to contracts made and to be fully performed in such State without reference to principles of conflict of laws. You agree that by accessing and/or using the Site or the Content, you submit to the jurisdiction of the Supreme Court of the State of New York and the United States District Court for the Southern District of New York for the enforcement of the terms of these Terms of Use and any disputes related to same and agrees to service of process by mail. Any right to trial by jury with respect to any claim or action is hereby waived by all parties to these Terms of Use. 
None of the CFWP Parties are or will be liable for any losses caused directly or indirectly as a result of causes or events beyond the control of CFWP, including natural disasters, acts of God, war, terrorism actions or decrees of governmental bodies, exchange or market rulings, failure of the Internet, communication lines or utility systems, equipment and systems failures, unauthorized access, and theft (each, a “Force Majeure Event”). All of the obligations of CFWP Parties with respect to the effected elements under these Terms of Use will be suspended for the duration of such Force Majeure Event.

 

CFWP and its affiliates do not intend the information provided on the Site to be distributed to, or used by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject any CFWP Parties to any registration requirement within such jurisdiction or country. Neither the information, nor any opinion contained in the Site constitutes a solicitation or offer by any CFWP Parties to buy or sell any securities, futures, options or other financial instruments or provide any investment advice or service.


Although the information and data provided to you on the Site is obtained or compiled from sources we believe to be reliable, CFWP cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. CFWP Parties shall not be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the Site or the Content, or resulting from the act or omission of any other party involved in making the Site, the Content or the information or data contained therein available to you, or from any other cause relating to your access to or use of, or inability to access or use the Site or the Content, whether or not the circumstances giving rise to such cause may have been within the control of CFWP or of any Supplier.

 

These Terms of Use represents the complete and exclusive statement of the agreement and understanding between you and us regarding your rights to access and use the Site and the Content and supersedes all agreements which you may sign with us, and all representations (whether written or oral), regarding such subject matter. Except as herein provided, no waiver, modification or amendment of any provision of these Terms of Use will be effective against us unless the same is in writing and signed by one of our executive officers. Should any term or provision of these Terms of Use be deemed or held to be invalid or unenforceable, the remaining terms and provisions will continue in full force and effect. Our failure to insist at any time upon strict compliance with any term of these Terms of Use, or any delay or failure on our part to exercise any power or right given to us in these Terms of Use, or a continued course of such conduct on our part will at no time operate as a waiver of such power or right, nor will any single or partial exercise preclude any other future exercise. All rights and remedies given to us in this Terms of Use are cumulative and not exclusive of any other rights or remedies which we otherwise have at law or equity. These Terms of Use will be binding upon you and your executors, heirs, successors and assigns. Any and all headings in the text of these Terms of Use are solely for convenience or reference and do not constitute a part of these Terms of Use, nor do they affect the meaning, construction or effect of these Terms of Use. The terms “including” and “includes” as used in these Terms of Use are intended to identify some, but not all, examples relevant to the subject matter and, therefore, should be read as “including, but not limited to” or “includes, but not limited to.” Neither you nor we may assign or delegate its rights, duties or obligations under these Terms of Use without the prior written consent of the other party. We may, however, assign these Terms of Use, or any rights or obligations hereunder, to an affiliate, subsidiary or any entity owned, controlled by or under common control with us, or pursuant to a merger, consolidation, change of control or corporate reorganization. These Terms of Use are in addition to, and do not nullify, any other agreement between you and us governing the conduct of your relationship with us or any other applicable terms and conditions found on the Site.