Terms of Use

Terms of Use
CWM, LLC, its subsidiaries and affiliates (collectively, “CWM”), requires all visitors to this website and the sites
owned and operated by CWM on the World Wide Web (the “Website”) to adhere to the following terms and
conditions.
These Terms of Use (the “TOU”) and CWM, LLC’s Privacy Policy govern your use of the services we provide
to you, through various communication tools, including email and mobile applications accessed through any
various medium or devices now known or hereafter developed. By accessing and/or using the Website and
the information, content, forms, photographs, graphics, software or other products or services available by
or through the Website (the “Content”), you acknowledge that you have read and agree to be bound by these
Terms of Use (the “TOU”). Please read the following terms and conditions carefully.
Parties
As used herein, the terms “You” and “Your” shall mean You, individually, and each other party on whose behalf
You may use the Website at any time. All references to “We”, “Us” or “Our” shall refer to CWM. The Website is
operated by CWM.
Usage and Proprietary Rights
All right, title and interest in this Website and the Content is the exclusive property of CWM except as otherwise
expressly stated. We grant You, for the term of this TOU, a personal, limited, non-exclusive, revocable (at any
time), non-transferable and non-sublicensable license to access the Website and the Content subject to the
TOU. You have no ownership rights in the Content, which is owned by Us or Our licensors, and are protected
under copyright, trademark and other intellectual property laws, and other applicable laws. You receive no
copyright or any other intellectual property right in or to the Content, except as provided above. You may use
the Content only for Your personal and non-commercial use. You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in
any other way for commercial or public purposes in whole or in part any Content, including, but not limited to,
any information, software, products or services obtained from the Website, except for the purposes expressly
provided herein, without Our prior written approval. You acknowledge that We may provide certain portions of
the Content under license from Third Party Providers, and You agree to comply with any additional restrictions
on Your usage that We may communicate to You from time-to-time, or that are otherwise the subject of an
agreement between You and such licensors. We retain exclusive control over the Content, and reserve the
right, at any time and in Our sole discretion, without prior notice to You, to (a) change, suspend or discontinue
all or a portion of the Content; (b) impose limits on, restrict or terminate Your access to all or a portion of the
Content; or (c) terminate Your license at any time and for any reason. You agree that We may monitor Your use
of the Content.
Restricted Content
All trademarks, service marks, slogans, logos, trade dress and other identifiers (“Marks”) displayed on the
Website are the property of CWM, or of other parties. The names of other companies and third-party products
or services mentioned on the Website may be the trademarks or service marks of their respective owners. The
Marks are protected by
U.S. trademark, common law rights and statutes. You are prohibited from using any Marks for any purpose
including, but not limited to, use on other materials, in presentations, as domain names, or as metatags,
without the express written permission of CWM or such other party that may own the Marks.
Additional Terms
Certain sections of our Website may contain separate terms and conditions, which are in addition to these
TOU. You should read those additional terms and conditions carefully. By accessing such sections or pages,
you agree to be bound by those terms and conditions. In the event of a conflict, those additional terms and
conditions will govern your Use of those sections or pages. You may be asked to execute supplemental
agreements, in paper or electronic form, before You are permitted to access or use certain features or
functionality within the Website (each, a “Supplemental Agreement”). In the case of Supplemental Agreements
presented to You online, You authorize Us to rely upon “checks” or “click” in designated locations that are
attributable to Your Password as Your consent to the terms of such Supplemental Agreements. This TOU is in
addition to any Supplemental Agreement and is not intended to supersede or modify any such Supplemental
Agreement.
No Investment Advice or Offers
Nothing in the Website constitutes investment advice or recommendations as to the suitability of any specific
product or security. All Content is provided for Your convenience and information only, and no such Content
shall constitute an offer to sell or a solicitation of an offer to buy any security. The Content provided on this
Website are not provided to and may not be used by any person or entity in any jurisdiction where the provision
or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or
regulatory or self-regulatory organization or clearing organization or where CWM is not authorized to provide
such information or services.
Market Information
We may make available to You through the Website a broad range of financial information that we obtain from
our agents, vendors or partners (“Third Party Providers”). This may include financial market data, quotes,
news, analyst opinions and research reports (collectively, “Market Information”). We do not endorse or approve
the Market Information, and we make it available to you only as a convenience. CWM and our Third-Party
Providers do not (a) guarantee the accuracy, timeliness, completeness or correct sequencing of the Market
Information; or (b) warrant any results from your use or reliance on the Market Information. Market Information
may quickly become unreliable for various reasons including, for example, changes in market conditions or
economic circumstances. Neither Us nor the Third-Party Providers are obligated to update any information
or opinions contained in any Market Information, and we may discontinue offering Market Information at any
time without notice. You agree that neither CWM nor the Third-Party Providers will be liable in any way for the
termination, interruption, delay or inaccuracy of any Market Information. You will not redistribute or facilitate the
redistribution of Market Information, nor will you provide access to Market Information to anyone who is not
authorized by CWM to receive it. If you are a securities broker, dealer, banker or investment advisor, You agree
not to use the Market Information provided by Us for any purpose related to your business.
Dated and Forward-Looking Statements
Certain information on the Website may contain forward-looking statements, which are subject to risks
and uncertainties and speak only as of the date on which they are made. The words, “believe”, “expect”,
“anticipate”, “optimistic”, “intend”, “aim”, “will”, or similar expressions, are intended to identify forward-looking
statements. You are cautioned not to place undue reliance on these forward-looking statements. Any dated
information is published as of its date only. Dated and forward-looking statements speak only as of the date
on which they are made. We undertake no obligation to update publicly or revise any dated or forward-looking
statements.
Unauthorized Use
Unauthorized use of the Website, Content, or Our systems, including, but not limited to, unauthorized entry into
Our systems, misuse of passwords, or misuse of any other information, is strictly prohibited. Access to and use
of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized
persons attempting to access these areas of the Website may be subject to prosecution. You may not use the
Website or the Content in any manner that could damage, disable, overburden, or impair any CWM website
or service or interfere with any other party’s use and enjoyment of the Website or the content. You shall not
introduce, nor permit any person to introduce into the Website or Content, any code or malicious or hidden
mechanisms that would impair the operation of the Website or Content, or of Our computers, networks,
or other devices or software. CWM prohibits caching, unauthorized hypertext links to the Website, and the
framing of any Content available on the Website. We reserve the right to disable any unauthorized links or
frames and specifically disclaim any responsibility for the Content available on any other websites linked to Our
Website.
Third Party Links
Certain links may let you leave the CWM Website. The linked websites are not under the control of CWM and
We are not responsible for the content of any linked website or any link contained in a linked website, or any
changes or updates to such websites. CWM is providing these links to You only as a convenience, and the
inclusion of any link does not imply endorsement, investigation, verification or monitoring by Us of such thirdparty website.
Change to Terms and Conditions
We reserve the right to add, delete or otherwise modify the TOU (or any Supplemental Agreements) at any time
without notice to You. The most current version of the TOU can be reviewed by clicking on the “Terms of Use”
link located at the bottom of this Website. Any continued use of the Website after such additions, deletions or
modifications shall be deemed to constitute acceptance by You of the additions, deletions or modifications.
Representations and Warranties
You represent and warrant, each time You access the Website or use the Content, that (a) You have agreed to
be bound by the terms of this TOU; (b) You shall only use the Website and the Content in accordance with this
TOU, any applicable Supplemental Agreement and applicable law; and (c) if You are accessing the Services on
behalf of another party, You assume all fiduciary, regulatory and other requirements and duties that may apply
to Your relationship to such party.
DISCLAIMER OF WARRANTIES
The Services on this Website are provided on an “as is,” “where is” and “Where available” basis. ALTHOUGH
CWM TRIES TO PROVIDE ACCURATE AND TIMELY INFORMATION ON ITS WEBSITE, THERE MAY BE
INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS. CWM
RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANYTIME AND WITHOUT NOTICE.
NEITHER WE NOR ANY THIRD PARTY PROVIDER THAT CONTRIBUTES IN ANY MANNER TO THE
CONTENT MAKES ANY REPRESENTATION OR WARRANTY WHATSOEVER, INCLUDING WARRANTIES (A)
WITH RESPECT TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE CONTENT; OR (B) THAT
THE CONTENT SHALL BE UNINTERRUPTED OR ERROR FREE, FURTHER, WE AND ANY THIRD PARTY
PROVIDER THAT CONTRIBUTES IN ANY MANNER TO THE CONTENT DISCLAIM ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE RELATING TO THE CONTENT. YOU ASSUME THE ENTIRE RISK
TO THE USE OF THE WEBSITE AND THE CONTENT.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CWM, OR ITS AFFILIATES,
SUBSIDIARIES OR CONTROLLING ENTITIES OR THEIR THIRD PARTY PROVIDERS, CONTRACTORS OR
TECHNOLOGY OR CONTENT PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS,
AGENTS AND EMPLOYEES (THE “CWM PARTIES”), HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON
FOR ANY COSTS, LIABILITIES OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, (INCLUDING,
BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS
OF USE OF THE CONTENT, INCONVENIENCE OR DELAY), CONSEQUENTIAL OR PUNITIVE (TOGETHER
“COSTS”), ARISING OUT OF, OR IN CONNECTION WITH THIS TOU OR THE PERFORMANCE OR BREACH OF
THIS TOU, YOUR OR ANY OTHER PERSON’S USE OF, OR INABILITY TO ACCESS THE CONTENT, OR FOR
ANY INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICE MADE AVAILABLE TO YOU
VIA THE WEBSITE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER
BASED ON STATUTE OR ARISING IN CONTRACT, INDEMNITY, WARRANTY, STRICT LIABILITY OR TORT
(INCLUDING NEGLIGENCE), REGARDLESS OF WHETHER ANY CWM PARTY KNOWS OR HAS REASON TO
KNOW OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER OR NOT THE CIRCUMSTANCES GIVING
RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF CWM OR ANY THIRD PARTY PROVIDER
OF SOFTWARE OR SERVICES. THIS LIMITATION OF LIABILITY IS IN ADDITION TO ANY OTHER LIMITATION
PROVIDED IN ANY APPLICABLE ACCOUNT SERVICE, SUPPLEMENTAL AGREEMENT OR ANY OTHER
AGREEMENT. This limitation of liability includes, but is not limited to, the transmission of any viruses which may
infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone
or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access,
theft, operator errors, strikes or other labor problems or any force majeure.
Your Indemnification Obligations
You agree to indemnify and hold CWM, and its directors, officers, employees, and agents harmless from and
against all claims and expenses, including attorney’s fees, arising out of the use of the Website, or its Content,
by You.
Governing Law
This TOU will be governed by Nebraska law without giving effect to principles of conflict of law. Any party
bringing legal action or proceeding against the other for any dispute or controversy between the parties arising
out of or relating to this Website, the Content, or the use thereof, shall bring the legal action or proceeding (i)
in the United States District Court of Nebraska; or (ii) in any court of the State of Nebraska, sitting in Douglas
county, if there is no federal subject matter jurisdiction. You acknowledge that any violation of the terms of this
TOU, or misuse of the Website or the content, or infringement of any Mark may cause CWM irreparable harm,
the amount of which may be difficult to ascertain, and therefore, You agree that CWM shall have the right to
apply to a court of competent jurisdiction for an order enjoining any such further misappropriation and for the
such other relief as CWM deems appropriate. This right of CWM is to be in addition to the remedies otherwise
available to CWM.
Waiver of Trial by Jury
EACH PARTY, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY
WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR OTHER LEGAL PROCEEDING AGAINST THE
OTHER FOR ANY DISPUTE OR CONTROVERSY BETWEEN THE PARTIES ARISING OUT OF OR RELATING TO
THIS WEBSITE, THE CONTENT, OR THE USE THEREOF. THIS WAIVER APPLIES TO ANY ACTION OR LEGAL
PROCEEDING WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE.
Third Party Beneficiaries
To the extent the Content contains data or information provided by Third Party Providers or are otherwise
contributed to by Third Party Providers, such third-Party Providers shall be considered third party beneficiaries
of this TOU for purposes of Sections 11, 12 and 13.
Assignment; Waiver
You may not assign, sublicense, delegate, subcontract or otherwise transfer Your rights, duties and obligations
under this TOU to a third party without Our express written consent. Any instrument purporting to make an
assignment or other transfer in violation of this provision shall be null and void. Any forbearance or delay on
the part of either party hereto in enforcing any provision of this TOU or any of its rights hereunder shall not
be construed as a waiver of such provision or of a right to enforce same for such occurrence or any future
occurrence.
Entire Agreement
This TOU, together with any and all Supplemental Agreements, constitute the entire agreement between You
and Us with respect to Your use or access of the Website or the Content.
Severability
If for any reason a court of competent jurisdiction finds any provision of this TOU, or portion thereof, to be
unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of
this TOU, and the remainder of this TOU shall continue in full force and effect.
Miscellaneous
Any cause of action with respect to the Website or the content must be commenced by You within one year
after the claim or cause of action arises. The rights and remedies of the parties hereunder are cumulative and
are in addition to, and not in lieu of, all rights and remedies available at law and in equity.
Commitment to Privacy.
CWM is committed to protecting confidentiality of the information furnished to You. Our Privacy Policy may be
reviewed at any time by clicking here.