Terms of Use
These Terms of Use govern your access to and use of the Pragmatic Advisory website and services.
Agreement to Terms
These Terms of Use ("Terms") constitute a legally binding agreement between you ("you" or "User") and Pragmatic Advisory LLC ("Pragmatic Advisory," "we," "us," or "our") governing your access to and use of the pragmaticadvisory.com website and all associated services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.
Eligibility
You must be at least 18 years of age and capable of forming a binding contract to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements.
Description of Services
Pragmatic Advisory provides wealth management and investment advisory services to qualified clients. Our website provides:
- Information about our firm and services
- Educational content and market insights
- Access to our secure client portal (for registered clients)
- Tools and resources for financial planning
Important: The information on this website is for general informational purposes only and does not constitute investment advice, a recommendation, or an offer to buy or sell any securities.
User Accounts
Account Registration
To access certain features of our Services, you may need to create an account. When registering, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Keep your password secure and confidential
- Notify us immediately of any unauthorized access
Account Responsibilities
You are responsible for all activities that occur under your account. We reserve the right to suspend or terminate your account if we suspect unauthorized use or violation of these Terms.
Intellectual Property Rights
Our Content
The Services and all content, features, and functionality (including but not limited to text, graphics, logos, images, audio, video, software, and the design, selection, and arrangement thereof) are owned by Pragmatic Advisory, its licensors, or other content providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes. This license does not include:
- Modifying or copying our materials
- Using materials for commercial purposes
- Attempting to reverse engineer any software
- Removing any copyright or proprietary notations
- Transferring materials to another person
- "Framing" or "mirroring" any portion of the Services
Trademarks
"Pragmatic Advisory," our logo, and other marks are trademarks of Pragmatic Advisory. You may not use these marks without our prior written consent.
User Conduct
When using our Services, you agree not to:
- Violate any applicable laws or regulations
- Infringe upon the rights of others
- Submit false or misleading information
- Upload viruses or malicious code
- Attempt to gain unauthorized access to our systems
- Interfere with the proper functioning of the Services
- Engage in any conduct that restricts others' use of the Services
- Use automated systems to access the Services without permission
- Collect personal information about other users
- Use the Services for any unlawful purpose
Investment Advisory Services
Separate Agreement Required
Investment advisory services are provided only pursuant to a written investment advisory agreement. These Terms do not create an advisory relationship between you and Pragmatic Advisory.
Not Investment Advice
Nothing on this website constitutes:
- Investment, legal, tax, or accounting advice
- A recommendation to buy, sell, or hold any security
- An offer or solicitation to buy or sell any security
- A guarantee of future investment performance
Past Performance Disclaimer
Past performance is not indicative of future results. All investments involve risk, including the possible loss of principal.
Suitability
Any investment strategies or securities discussed on this website may not be suitable for all investors. You should consider your investment objectives, risk tolerance, and financial circumstances before making any investment decisions.
Third-Party Links and Content
Our Services may contain links to third-party websites or services. We do not control and are not responsible for the content, privacy policies, or practices of third-party sites. Your use of third-party services is at your own risk.
Disclaimers
"As Is" Basis
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
No Guarantee of Availability
We do not warrant that:
- The Services will be uninterrupted or error-free
- Defects will be corrected
- The Services are free of viruses or harmful components
- The results of using the Services will meet your requirements
Market Information
While we strive to provide accurate market information, we do not warrant the accuracy, completeness, or timeliness of any market data, quotes, or other information displayed on our website.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Pragmatic Advisory, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, data, or goodwill
- Service interruption or computer damage
- Cost of substitute services
- Any damages arising from your use of or inability to use the Services
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRIOR TO THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).
Indemnification
You agree to indemnify, defend, and hold harmless Pragmatic Advisory and its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms
- Your use of the Services
- Your violation of any rights of a third party
- Any content you submit through the Services
Governing Law and Dispute Resolution
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions.
Dispute Resolution
Any dispute arising from these Terms or your use of the Services shall be resolved through binding arbitration in Chicago, Illinois, in accordance with the rules of the American Arbitration Association. You waive any right to participate in a class action lawsuit or class-wide arbitration.
Exceptions
Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.
Changes to Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on our website with a new effective date. Your continued use of the Services after any changes constitutes your acceptance of the new Terms.
Termination
We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will cease immediately.
Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.
Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published on the Services, constitute the entire agreement between you and Pragmatic Advisory regarding the use of the Services.
Contact Information
If you have any questions about these Terms, please contact us:
Pragmatic Advisory
One World Trade Center, 85th Floor
New York, NY 10007
Email: legal@pragmaticadvisory.com
Phone: (212) 220-6659
This document was last updated on January 15, 2025. If you have questions about this policy, please contact us at legal@pragmaticadvisory.com.
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