These Terms of Service (the “Agreement”) are an agreement between EFH Group (“EFHutton” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by EFHutton and of the EFHutton.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
Additional Policies and Agreements
By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account is accurate, correct and complete at all times. EFHutton is not responsible for any lapse in the Services due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through the EFHutton Support System. Providing false contact information of any kind may result in the termination of your account.
You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
We reserve the right to deny service if we have a reasonable belief that it may be abused or result in unacceptable cost or risk.
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “EFHutton Content”), are the proprietary property of EFHutton or EFHutton’s licensors. EFHutton Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any EFHutton Content. Any use of EFHutton Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any EFHutton Content. All rights to use EFHutton Content that are not expressly granted in this Agreement are reserved by EFHutton and EFHutton’s licensors.
You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). By posting or distributing User Content on or through the Services, you represent and warrant to EFHutton that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to EFHutton a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, EFHutton does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
You acknowledge and agree that EFHutton may, even if not obligated to, take any corrective action in EFHutton’s sole discretion, including without limitation removal of all or a portion of the User Content, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that EFHutton shall have no liability due to any corrective action that EFHutton may take.
Third Party Products and Services
Third Party Providers
EFHutton may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
EFHutton as Reseller or Licensor
EFHutton may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-EFHutton Products”). EFHutton shall not be responsible for any changes in the Services that cause any Non-EFHutton Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-EFHutton Products, either sold, licensed or provided by EFHutton to you will not be deemed a breach of EFHutton’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-EFHutton Product are limited to those rights extended to you by the manufacturer of such Non-EFHutton Product. You are entitled to use any Non-EFHutton Product supplied by EFHutton only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-EFHutton Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-EFHutton Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
Third Party Websites
The Services may contain links to other websites that are not owned or controlled by EFHutton (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites accessed through the Services. Third Party Sites are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
Prohibited Persons (Countries, Entities, And Individuals).
The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Unless otherwise provided with explicit permission, EFHutton also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any Sanctioned Country.
Account Security and EFHutton Systems.
Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. We strongly advice you to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password.
The Services are provided only for authorized customer use. EFHutton may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. EFHutton may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by EFHutton of an ongoing issue, we reserve the right to keep your account disabled.
Compatibility with the Services
You agree to cooperate fully with EFHutton in connection with EFHutton’s provision of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, EFHutton is not responsible for any delays due to your failure to timely perform your obligations.
You are solely responsible for ensuring that all User Content is compatible with the hardware and software used by EFHutton to provide the Services, which may be changed by EFHutton from time to time in our sole discretion.
You are solely responsible for backing-up all User Content. EFHutton does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
No Offers or Reliance; No Investment or Financial Advice
You should note that no information made available to you through the Services should be construed as investment or financial advice given to you. Your access and use of the Services is limited to the dissemination of general information pertaining to EFHutton advisory services, together with access to additional investment-related information, publications, and links. Accordingly, the publication of the Service son the Internet for your use should not be construed by any consumer and/or prospective client/investor as our solicitation to effect, or attempt to effect, transactions in securities, or the rendering of personalized investment advice for compensation, over the Internet. Any subsequent, direct communication by EFHutton with a prospective client/investor shall be conducted by a representative that is either registered or qualifies for an exemption or exclusion from registration in the state or other jurisdiction where the prospective client/investor resides.
EFHutton is not utilizing the Services to provide investment or other advice to you and no information or material available to you through the Services is to be relied upon for the purpose of making or communicating investment or other decisions. EFHutton is neither a law firm nor an accounting firm, and no portion of the Services’ content should be interpreted as legal, accounting, or tax advice. To the extent that past performance is available through the Services, past performance is not indicative of future results, and no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
No material available through the Services shall be used or considered as an offer to sell or a solicitation of any offer to buy the securities or services of any of our affiliated entities. Offers can only be made where lawful under, and in compliance with, applicable law.
Please remember that different types of investments involve varying degrees of risk, and there can be no assurance that the future performance of any specific investment or investment strategy (including those undertaken or recommended by EFHutton), will be profitable or equal any historical performance levels.
Investments discussed on the Services, if any, may not be suitable for all investors. Investors should make their own investment decisions based upon their own financial objectives and financial resources, and should obtain independent investment and tax advice before deciding to invest. Case studies set forth on the Services, if any, have been selected to exemplify EFHutton’s investments in different asset classes and/or geographic regions. These investments do not represent all of the investments selected by EFHutton with respect to a particular asset class, geographic region, or a particular account. Case studies may be ongoing investments of certain accounts managed by EFHutton, and are not intended to be, and should not be construed as, investment advice or a recommendation to purchase or sell any particular security. Case studies or other investments discussed on the Services ultimately may generate positive returns, and other investments made in these asset classes or geographic regions, but not discussed on the Services, may generate negative returns, or vice versa. It should not be assumed that investments made for any particular account will match the performance or character of the investments discussed on the Services, or that the returns of any accounts managed by EFHutton will equal the performance of the investments discussed on the Services. Investors may experience materially different results.
No Inside Information; No Guaranteed Results
EFHutton obtains information from a wide variety of publicly-available sources. EFHutton does not have, nor does it claim to have, sources of inside or private information. The recommendations developed by EFHutton in connection with its services are based upon the professional judgment of EFHutton, and EFHutton cannot and does not guarantee the results of any recommendations.
Positions and Recommendations
Certain portions of the Services may contain a discussion of, and/or provide access to, EFHutton’s (and those of other investment and non-investment professionals) positions and/or recommendations as of a specific prior date. Due to various factors, including changing market conditions, such discussion may no longer be reflective of current positions and/or recommendations. Moreover, no client/investor or prospective client/investor should assume that any such discussion serves as the receipt of, or a substitute for, personalized advice from EFHutton or from any other investment professional.
Rankings and Rating Services
Rankings and/or recognition by unaffiliated rating services and/or publications should not be construed by a client/investor or prospective client/investor as a guarantee that he/she will experience a certain level of results if EFHutton is engaged, or continues to be engaged, to provide investment advisory services, nor should they be construed as current or past endorsements of EFHutton by any of its clients/investors. Rankings published by magazines and others generally base their selections exclusively on information prepared and/or submitted by the recognized adviser. Moreover, with regard to any performance information contained on the Services, directly or indirectly, users should note that past results are not indicative of future results.
Billing and Payment Information
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Unless otherwise provided, you agree that until and unless you notify EFHutton of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to EFHutton’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, EFHutton may suspend or terminate