Website Terms of Use
- Notice
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES OF THIS SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS THIS SITE OR ANY PAGES OF THIS SITE.
- Overview
Elements Innovation Technology (“Elements,” “Company,” “we,” or “us”), along with its affiliates, provides technology solutions to registered investment advisers, broker-dealers, and other financial professionals. Our offerings include a web-based portfolio management system, customer relationship management software, an operational service bureau, and various other technology tools. This website is intended solely for investment professionals and is not meant for private investors. Private investors seeking our investment services should consult with a financial professional directly.
This website serves as a resource to share general information about Elements’ services and to offer access to additional information and tools provided by Elements. No part of this website may be reproduced in any manner without the express written permission of Elements. Your use of this website is governed by the Terms and Conditions outlined below.
Please note that this website is for informational purposes only and does not provide a comprehensive description of the technology tools and services available through Elements or its affiliates, nor does it detail the investment services or performance offered by any registered investment advisory firm using Elements’ products. Nothing on Elements’ website shall be considered a recommendation or solicitation to buy or an offer to sell a security to any person in any jurisdiction. The information on this website is not and should not be interpreted as a recommendation or solicitation to buy or sell securities. Although the website may include material about investment processes, Elements is not offering investment advice through this website and does not guarantee the suitability of any funds or investments mentioned. You and your advisor are responsible for independently assessing the investment merits and suitability of any listed funds or investments.
The content on this site, which may include stock quotes, charts, articles, and other financial information, is sourced from entities we and our suppliers consider reliable. The information may reflect individual authors’ analyses as of the published date. You and your advisor may have different, and possibly less favorable, analyses. You also acknowledge that the content on the website does not constitute legal, tax, investment, financial, or other advice. You acknowledge and agree that Elements is not liable for any decisions (including investment decisions), acts, or omissions made by you based upon your use of the Elements’ website.
Elements does not guarantee the accuracy, timeliness, or completeness of this information. Past performance is not indicative of future results. Nothing on this website is intended nor should be interpreted to state or imply that past results are an indication of future performance. Neither we nor our information providers are liable for any errors, inaccuracies, delays, or interruptions in the transmission of information. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, OR RESULTS OF ANY INFORMATION PROVIDED ON THIS WEBSITE OR ANY LINKED SITE.
- Ownership of Site; Agreement to Terms of Use
This website is operated by Elements Innovation Technology and its subsidiaries and affiliates. These terms and conditions of use are an agreement between you and Elements. These terms and conditions of use, together with any documents they expressly incorporate by reference including the Site Privacy Policy and Financial Policy, (collectively, the “Terms of Use”) contained in this document shall govern your use of any website or webpage operated by Elements (the “Site”). The Site is the property of Elements and its licensors.
ELEMENTS OFFERS THE SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THESE TERMS OF USE. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY (SEE SECTIONS 9 AND 10) AND A DISPUTE RESOLUTION CLAUSE (SEE SECTION 13). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
Elements reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms of Use, at any time. All changes are effective immediately when we post them and apply to all access to and use of the website thereafter. However, any changes to the dispute resolution provisions set out in Section 13 will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the website. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. It is your responsibility to check these Terms of Use periodically so you are aware of any changes, as they are binding on you. As long as you comply with these Terms of Use, Elements grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
By using the Site, you represent and warrant that any transactions you enter into on this Site are conducted for non-commercial purposes.
- Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content, contained on the Site is owned, controlled, or licensed by or to Elements and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without Elements’ express prior written consent.
Data posted on Elements’ website is informational only. You MAY NOT use information on Elements’ products and services (such as brochures, fact sheets, marketing, and similar materials) for any purpose.
- Your Use of the Site
You may not use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way to reproduce or circumvent the navigational structure or presentation of the Site or any Content, or to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site. Elements reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Elements server, or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate means. You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, or any other customer of Elements, including any Elements account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Elements’ systems or networks, or any systems or networks connected to the Site or to Elements. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Elements on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Elements or others.
Unauthorized use of the Site in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender, including those penalties provided by the Computer Fraud and Abuse Act (18 U.S.C. §§ 1030 et seq.).
- Accounts, Passwords, and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up a username and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Elements immediately of any unauthorized use of your account or password, or any other breach of security, including suspected or actual account “phishing” incidents. However, you may be held liable for losses incurred by Elements or any other user of or visitor to the Site due to someone else using your username, password, or account. You may not use anyone else’s username, password, or account at any time without the express permission and consent of the holder of that username, password, or account. Elements cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
- Privacy Policy
This website privacy policy (“Site Privacy Policy”) describes how Elements and its subsidiaries, affiliates, and related entities collect, use, and share information, including Personal Information. This Site Privacy Policy applies to all products, services, apps, portals, and websites offered by Elements. It covers the Personal Information provided by
- Visitors on the Site,
- Customers who share Personal Information in connection with services Elements provides them;
- Customers who use our portals to submit their clients’ Personal Information in connection with wealth management, financial planning, or other financial advisory services;
- Customers who provide Personal Information in email, text, or other electronic messages; and
- Customers who provide Personal Information through the mobile applications they download from an “app store” compatible with their mobile device, which provide dedicated non-browser-based interaction between the customer and the Site.
Please note that when our customers use our Services, ownership and control of their clients’ Personal Information remain with the customers and are not transferred to Elements. Customers should review the privacy notices provided to them by their financial advisor. We do not share nonpublic Personal Information (as defined below) with our affiliates and non-affiliates for marketing purposes. Elements may, however, share anonymized data with its affiliates to train artificial intelligence models as well as sell aggregated, anonymized data to third parties.
What We Collect: The types of Personal Information we collect vary based on how you interact with us. We gather Personal Information in the following situations:
- When you visit our websites.
- When you provide the Personal Information directly to us, such as when you use our services or engage one of our affiliates for investment management or technology services.
- When you authorize us to access your financial resources, account custodian, other technology service providers, or similar data sources or websites.
- In an employment context, if you are an employee, job applicant, or contractor.
- When we receive it from our customers in connection with the services.
Depending on the specific service you use, some of our companies might also obtain your Personal Information from third parties to verify your identity, prevent fraud, or identify additional products or services that could benefit you.
Definition of Personal Information: “Personal Information” refers to any information that, either on its own or when combined with other data, can be associated with or linked to an individual. This includes terms like “personally identifiable information,” “personal data,” or “nonpublic personal information” as defined by applicable data protection laws. Personal Information does not include publicly available information from government records or information that has been deidentified or aggregated.
Categories of Personal Information We Collect:
- Identifiers: This includes your name, user-defined alias or username, postal address, unique personal identifier, email address, account name, username/password, Social Security number, driver’s license number, passport number, telephone number, signature, or other similar identifiers.
- Financial and Transactional/Investment Information: We may collect financial details such as custodial or bank account numbers, tax returns, trust information, transactional data, account authentication details, investment information, financial goals, assets, income information, and transaction records through our services or with third parties (e.g., broker-dealers, clearing firms, investment sponsors). We may also process information provided by our customers about their clients on their behalf.
- Protected Classifications: This includes details about your age, citizenship, marital status, or sex/gender.
- Professional or Employment Information: This encompasses your current job history and details about your business or profession.
- Automatically Collected Information: We gather data on how you interact with our systems and services, including usage metrics, pages viewed, links clicked or hovered over, selections made, features used, preferences set, actions performed, IP address, browser type, device manufacturer, operating system, domain name, and time spent on specific website pages.
- Inferences: We may collect information reflecting your personal preferences.
- Sensory Information: We may collect audio or video recordings from communications via telephone or videoconference.
Certain types of information, such as Social Security numbers, are classified as “sensitive personal information” under applicable laws.
Other information We May Collect:
- Cookies. “Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. This Site uses first and third party cookies (session and persistent), however, personally identifiable information is not collected through the use of cookies. Cookies are used to determine whether a visitor is unique or whether a visitor has viewed the Site before. Cookies are used in sections of this Site which require user log-in to authenticate and validate users and to determine whether a user’s session is active or has timed-out. While most browsers are set to accept cookies by default, you can set your browser to refuse cookies or to alert you before accepting them. You may check with your browser manufacturer regarding information on changing the default setting for your specific browser.
Do Not Track Disclosure: Some internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals and the website will continue to collect information about you even if your browser’s “Do Not Track” functionality is activated. Please note that your selection of the “Do Not Track” option provided by your browser may not have any effect on our collection of cookie information.
Global Privacy Control: The Global Privacy Control (“GPC”) is a method for individuals to opt-out of the sale or sharing of their personal information, as such terms are described under applicable data protection laws, via a user-enabled privacy control that is available on certain internet browsers. Our systems are configured to detect and respond to the GPC. You can learn more about the GPC at https://globalprivacycontrol.org/.
Non personally-identifiable information automatically collected. This Site collects non personally-identifiable information. For example, as you browse this Site we may collect information about your visit. For example, we may monitor statistics such as: the number of people that visit the Site, which page(s) are visited on the Site, from which domain visitors come, and which browsers people use to visit the site.
Public Information. We also collect information from public records or sources that are otherwise publicly accessible.
Use of Information: We use the Personal Information we collect for several purposes:
- To provide the services offered through the Site.
- To customize your experience on our Site or with our services.
- To enhance and improve our services.
- To assist with support requests, troubleshoot issues, and monitor the performance and effectiveness of our services.
- To process transactions.
- To manage promotions, surveys, or other features of our services.
- To inform you about our services that may be of interest to you.
- To gather feedback on your transactions and experiences.
- To notify you of any changes to our policies.
- For employment and recruiting purposes, including background checks, employment eligibility verification, interviews, payroll, timekeeping, and benefits administration.
We may also use your Personal Information as disclosed at the time of collection or for any other purposes with your consent. We do not share our user lists or the identities of our customers with third parties without your consent, except as permitted by applicable law.
Disclosure of Personal Information: We may disclose your Personal Information in the following situations:
- At the Request or Direction of Our Customers: We may share Personal Information as instructed by our financial advisors, broker-dealers, or similar customers. These customers are responsible for obtaining any necessary consents from their clients for us to share or disclose Personal Information.
- Affiliated Company: We may share your Personal Information with Element’s affiliated companies.
- Service Providers: We may disclose your Personal Information to non-affiliated companies or individuals that provide services on our behalf (“Service Providers”). This includes tasks such as payment processing, providing products or services, maintaining our systems and databases, analytics, customer support, marketing, or responding to inquiries. Service Providers may also use your Personal Information to offer personalized content or targeted advertisements relevant to you.
- Business Transitions: Elements might sell or buy businesses or assets of businesses, or Elements might merge with another business. In such transactions, customer information generally is one of the transferred business assets. Also, in the event that Elements, a line of business of Elements, or substantially all the assets of Elements are transferred, customer information may well be one of the transferred assets. Elements will make reasonable efforts to provide notice on the Site and to notify you via email to the most recent email address that you have provided to Elements of any such change in ownership or control of your personal information.
- Legal Obligations: We may disclose your Personal Information if required to meet legal obligations. This may include:
- Complying with laws, subpoenas, court orders, government requests, credit bureau requests, or other legal processes.
- Producing documents or information for litigation, arbitration, mediation, government investigations, or other proceedings.
- Protecting the interests, rights, safety, or property of us, our affiliates, employees, users, customers, or others.
- Enforcing Terms and Conditions for our Site.
- Operating systems to ensure proper functioning of our Platform.
- Investigating or addressing suspected illegal or fraudulent activities or threats to safety or well-being.
- Aggregated or Deidentified Information: We may use and disclose aggregated or deidentified information to affiliates, business partners, and Service Providers, or for anonymized analytics available through our Services. We do not share deidentified data from our customers’ clients, except with Service Providers for the provision of Element’s services. “Deidentified” means information that cannot reasonably identify, relate to, describe, or be linked to you.
Notice to California Residents: In accordance with the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), and other applicable regulations, California residents have specific privacy rights. Please note that certain types of Personal Information we collect may be exempt from these rights, especially if covered by laws like the Gramm-Leach-Bliley Act, the California Financial Information Privacy Act, the Health Insurance Portability and Accountability Act (HIPAA), or the California Confidentiality of Medical Information Act.
For Personal Information not exempted by these laws, and subject to instructions from our financial advisors, broker-dealers, or similar customers, you have the following rights:
- Right to Know: You can request details on how we’ve collected and used your Personal Information in the past twelve (12) months, including:
- The specific pieces of Personal Information we hold about you.
- The categories of Personal Information collected in the last year.
- The sources from which we collected this information.
- The purposes for collecting and selling your Personal Information.
- The categories of Personal Information we’ve sold or disclosed for business purposes.
- Right to Deletion: You can request the deletion of Personal Information we’ve collected or maintain about you. We may deny such requests if we need to retain information for legal obligations or to complete transactions. We will provide the reason if we deny your request.
- Right to Correction: You can request corrections to any inaccurate Personal Information we hold about you. We will make commercially reasonable efforts to correct such information.
- Right to Limit Use and Disclosure of Sensitive Personal Information: You can request that we limit the use and disclosure of sensitive Personal Information to what is necessary for providing requested services and for specific other purposes allowed by the CCPA.
To exercise these rights, please use one of the outreach methods listed in the “Contact Us” section below. If we process your Personal Information on behalf of our financial advisor, broker dealer, and/or other similarly situated customers, we will consult with that customer to assist them in responding to your request to the extent such Personal Information is unavailable to the customer.
Request Verification and Response: To process your request, we must verify your identity. If you have an account with us, we will use our existing authentication practices. If not, additional information may be required. We will acknowledge receipt of your request within ten (10) business days and respond within forty-five (45) days. If we need more time, we will notify you with an explanation and provide a final response within ninety (90) days. If we cannot verify your identity, we will explain why.
Authorized Agent: You may designate an authorized agent to submit a request on your behalf. We may need to verify both your and your agent’s identities and may require a signed authorization document. We may deny requests from agents lacking proper authorization.
Non-Discrimination: Exercising your rights will not result in discrimination against you. However, certain rights might affect your ability to use or access specific features of our services.
Sale or Sharing of Personal Information: We do not “sell” Personal Information as defined by the CCPA but may “share” it for personalized content and targeted advertising. You can opt out of such sharing by contacting us through the methods listed below. We do not knowingly sell or share information of individuals under sixteen (16) years old. Information disclosed to third parties as directed or consented to by you or your financial advisor is not subject to the opt-out right.
Other California Privacy Rights: Under the “Shine the Light” law (California Civil Code Section 1798.83), you may request information about our sharing of Personal Information with third parties for direct marketing purposes. To make this request, email us with “California Shine the Light” in the subject line.
Notice to Residents of Other States: Residents of states with comprehensive privacy laws may have additional rights regarding the collection, use, and disclosure of Personal Information. Where applicable, you have the following rights:
- Right to Know: Request access to, and a copy of, the Personal Information we process about you.
- Right to Deletion: Request the deletion of Personal Information we hold about you, subject to exceptions for legal compliance or transaction completion.
- Right to Correction: Request corrections to inaccurate Personal Information.
- Right to Portability: Obtain a copy of your Personal Information in a portable, secure format.
- Right to Opt-Out: Opt out of targeted advertising, sale, or profiling that significantly affects you. You can opt out by contacting us through one the methods listed below.
- Right to Appeal: Appeal decisions if we deny your rights request.
- Right to Non-Discrimination: Exercising your rights will not lead to discrimination. However, some rights may limit your ability to access certain services.
To submit a request, we will verify your identity and may use a third-party verification provider. If applicable, we will inform you of the reason for any denial.
Changes in This Privacy Policy: If Elements decides to change its Site Privacy Policy, Elements will post such changes on the Site so users can remain aware of what information Elements collects, how Elements uses it, and under what circumstances, if any, Elements discloses it.
How You May Obtain Additional Information: If you have questions, you may contact Elements using the information below. Elements may ask you for additional information to verify your identity. Elements reserves the right to limit or deny your request if you have failed to provide sufficient information to verify your identity or to satisfy our legal and business requirements.
Contact Information:
Information and questions should be directed to hello@advisorcrm.com
- Data Security
Elements has implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the internet is not completely secure. Although Elements does its best to protect your personal information, Elements cannot guarantee the security of your personal information transmitted to us on the Site. Any transmission of Personal Information is at your own risk. Elements is not responsible for circumvention of any privacy settings or security measures contained on the Site, through the loan application, or accessing or using your account.
- Disclaimers
ELEMENTS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENTS ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ELEMENTS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ELEMENTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, AND NON-INFRINGEMENT. ELEMENTS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY ELEMENTS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ELEMENTS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN THE PARTIES. The above disclaimer applies to any claims, damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action. Elements reserves the right to do any of the following, at any time, without notice: (a) to modify, suspend, or terminate operation of or access to the Site, or any portion of the Site, for any reason; (b) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (c) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
- Limitation of Liability
Except where prohibited by law, in no event will ELEMENTS be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if ELEMENTS has been advised of the possibility of such damages. Where such LIMITATIONS OF LIABILITY are prohibited by law, the maximum amount that Elements may be liable for such damages shall be $1,000
- External Websites
Elements may provide hyperlinks to other websites that are owned or operated by other companies, that are not otherwise affiliates of Elements (“third-party website”). Hyperlinks will automatically move you from and out of Elements websites to a third-party website. When you follow a hyperlink from an Elements website to a third-party website, the linked third-party website will appear in a new browser window or an alert will appear to notify you that you are leaving the Elements website. You agree that we may share your information, including Personal Information, with such third-parties when needed to effectuate the transactions between you and Elements.
Because Elements does not control third-party websites, we may not always know when information on a linked third-party website changes. Therefore, Elements is not responsible for the content or accuracy of any third-party website and, except as may be otherwise required by law, Elements will not be responsible for any loss or damage of any sort resulting from the use of a hyperlink on its website nor will it be liable for any failure of products or services advertised or provided on these linked third-party websites.
Elements offers hyperlinks to you on an “as is” basis. When you visit a third-party website by using a hyperlink on an Elements website, you will no longer be subject to Elements’ Site Privacy Policy or covered by Elements’ security practices, as well as other policies. The data collection, use, and protection practices (“Practices”) of the linked third-party website may differ from the Practices of Elements’ websites and you are responsible for ensuring you understand and agree to such third-party Practices. You should familiarize yourself with the privacy policy and security practices of the linked third-party website before providing Personal Information. Those are the policies and practices that will apply to your use of the linked third-party website, NOT ELEMENTS’ policies and practices.
Below are some tips to help you tell if you have left or think that you may have left the Elements website:
- Instead of an Elements Internet address, the URL of the linked third-party website appears in the location box (or address field) of your web browser.
- The linked third-party website is shown in a new browser window. The appearance of the linked third-party website, including its colors and graphic design, may be significantly different from the Elements website.
- The linked third-party website or webpage does not appear in a new browser, but you may find one or more of the following:
- The logo of a different company on the linked third-party website.
- The layout and content of the navigation tools of the new webpage are different from Elements’ navigation.
- A third party’s privacy policy and terms of use statement are identified instead of Elements.
If you find any information on any Elements website that you believe to be inaccurate or if you have concerns about a hyperlink to a third-party website, please e-mail us at hello@advisorcrm.com
- Violation of These Terms of Use
Elements may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Elements’ rights or property, or the rights or property of visitors to or users of the Site, including Elements’ customers. Elements reserves the right at all times to disclose any information that Elements deems necessary to comply with any applicable law, regulation, legal process, or governmental request. Elements also may disclose your information, including your Personal Information, when Elements determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that Elements may preserve any transmittal or communication by you with Elements through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or if Elements determines that such preservation or disclosure is reasonably necessary (a) to comply with legal process, (b) to enforce these Terms of Use, (c) to respond to claims that any such data violates the rights of others, or (d) to protect the rights, property, or personal safety of Elements’ employees, users of or visitors to the Site, or the public. You agree that Elements may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if Elements determines that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site or for other cause, which includes (but is not limited to) (a) requests by law enforcement or other government agencies, (b) a request by you (self-initiated account deletions as may be allowable by law), (c) discontinuance or material modification of the Site or any service offered on or through the Site, or (d) unexpected technical issues or problems.
- Indemnification and Dispute Resolution
As a condition of your use of the Site, to the full extent permitted by law, you agree to indemnify and hold Elements, its affiliates, agents, representatives, officers, directors, employees, third party providers, merchants, licensors, and others involved in the delivery and production of the Site harmless from and against any and all claims, losses, liability, costs, and expenses (including but not limited to attorneys’ fees) arising from your use of the Elements website, or from your violation of these Terms and Conditions.
Governing Law and Forum Selection: In the event of any dispute or claim relating to this Site or these Terms of Use, you agree and consent that the Texas Business Courts located in Dallas County, Texas shall have continuing and exclusive jurisdiction over any and all such dispute or claim. Should the Texas Business Courts not have jurisdiction, then the exclusive jurisdiction and venue for any dispute or claim relating to this Site or these Terms of Use shall be in the state or federal courts located in and for Dallas County, Texas. All disputes and claims shall be governed and construed in accordance with the laws of the State of Texas.