Manner of Use. Your use of the ESW Financial Group (ESW) Website and any services provided through the ESW Website is expressly conditioned on your acceptance of these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you must not use this site or any services provided herein. The life insurance and financial products and services material on the ESW Website is for informational and educational purposes only for the convenience of ESW clients. Although some of the information regards tax, legal, or accounting issues, neither ESW nor its representatives or affiliates are in the business of offering such advice. ESW is not engaged in rendering any legal or professional services by placing these general informational materials on this Website nor does ESW give any advice or offer any opinion with respect to the suitability or appropriateness of any product or service referenced on the ESW Website or any services provided herein. The materials contained on the ESW Website are not a substitute for obtaining professional advice from a qualified person, firm or corporation. The Website is not intended to provide investment recommendations or endorsements, does not provide personalized investment, tax or legal advice, and must not be relied upon by you as such. The information on the ESW Website is necessarily limited in scope and may not contain all applicable terms, conditions, limitations, exclusions, or other relevant data.
You warrant and agree that you shall not use the ESW Website or any services provided herein in any manner that could damage, disable, overburden, or impair the ESW Website or interfere with any other user’s use of the ESW Website or any services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided on or through the ESW Website. Your use of the ESW Website or any other electronic service provided by ESW is entirely at your sole risk. In exchange for using our site and viewing its contents, you agree to not hold ESW, its representatives, its officers, directors, employees, affiliates, contractors, information providers, information transmitters, licensors, and/or agents liable for any possible claim or damages arising from your use of or access to the ESW Website, your decisions based on information on the ESW Website or for any possible inaccuracy, incompleteness, or other content error that may be found therein. This freedom from liability agreement includes, but is not limited to, direct, indirect, incidental, punitive, or consequential damages.
Availability/Limitations. ESW and the ESW Website are primarily located in San Antonio, TX. ESW is an authorized insurance agency in Florida, Georgia, Illinois, Texas, and Virginia. ESW is domiciled in the State of Texas, which is its principal place of business.
The ESW Website is not all-inclusive. We will attempt, but do not promise, to have the ESW Website available seven days a week. We will also attempt, but do not promise, to provide accurate information on it at all times. However, we do not guarantee that the ESW Website or the services provided herein will function without interruption or that all information provided will be accurate or complete. Not all the products or services described on the ESW Website are available in all geographic areas. Therefore, you may not be eligible for all the products or services desired. We reserve the right to determine your eligibility for any product or service. The products and services detailed on www.llic.com are available only in the United States of America, and all are subject to applicable laws and regulations.
If you encounter problems using the ESW Website or any services provided, please contact website customer support as specified on the “Contact Us” page of the ESW Website. You agree that ESW is not and will not be liable to you or any other person for any loss or damage arising from, among other things:
- Your failure to comply with any provision of these Terms and Conditions and any amendments or modifications thereto;
- Any interruption in the ESW Website or services provided herein due to problems or technical failures with equipment owned by you;
- Any errors or delays in communication and/or transmission lines;
- The electronic transmission of information through an unsecure courtesy e-mail; and
- Any occurrence beyond ESW's commercially reasonable control.
You agree that ESW shall have no liability, contingent or otherwise, for the accuracy or timeliness of the ESW Website information or the accuracy, timeliness, completeness or correct sequencing of the materials, or for any decision made or action taken by You in reliance upon the ESW Website or any services provided herein, or for interruption or delay of any data, material or any other aspect of the services provided on or through the ESW Website.
Privacy. ESW will not disclose to or share with any third party any personally identifiable, personal or confidential information we receive from you or about you through the ESW Website, except as described in Our Privacy Policy, which is incorporated herein by reference, and as required to complete any transaction requested through the ESW Website and/or any services provided herein.
Security. The information you submit through the ESW Website for which a Password is required is protected through encryption technology. However, all other information submitted to ESW including electronic mail inquiries, is submitted through the Internet, which is an unsecured, public network. E-mail is provided to you only as a convenience, and to enhance communications between you and ESW. Unless the specific access location says otherwise, other Internet users can access messages sent to or from the ESW Website. To protect your privacy, please do not use e-mail to communicate information that you want kept confidential. ESW shall have no liability for any loss or damage that arises from unaccepted e-mail requests, orders, or instructions, or for any loss or damage that results from interception and/or unauthorized use by third parties of any information you send via e-mail. All e-mail messages sent by you to ESW (or to you from ESW) and all activity on the ESW Website or services provided herein may be monitored and/or reviewed by ESW and will be recorded and archived in accordance with ESW’s record retention polices. These records are available for review by Home Office Employees, ESW Sales Representatives, and/or regulatory examiners.
There are no implied warranties of merchantability or quality, fitness for a particular use, or accuracy of information content, and no other warranty of any kind, express or implied, regarding the ESW Website information or materials, or any aspect of the ESW Website, including but not limited to account access, even if ESW has been advised or is otherwise aware of the possibility of such damages, including without limitation, liability associated with any viruses, which may infect your computer equipment or related software. To the fullest extent permitted by law, we disclaim all representations, warranties and conditions of any kind (express, implied, statutory or otherwise, including but not limited to the warranties of merchantability and fitness for a particular purpose, title and non-infringement of proprietary rights) as to the ESW Website and all information, products and other content (including third party information, products and content) included in or accessible from the ESW Website.
Limitation of Liability. We will not be liable if you are unable to obtain access to the ESW Website or any services provided herein or if information provided is inaccurate or incomplete or a request cannot be completed due to market conditions, systems problems, power failures, acts of God, acts of nature, telecommunications failures, scheduling requirements, safety precautions, viruses, or other circumstances beyond our control. We will not be liable for any claims or damages of any nature arising out of or relating to either the use of or the content, materials, tools, services or information on the ESW Website, including, but not limited to, any decision made or action taken by you in reliance thereon, or any loss or injury caused in whole or in part by negligence, interruptions of service, or contingencies beyond our control, breaches of security resulting from your failure to ensure the confidentiality of your personal information, including your User ID or your Password, breaches of security by third parties, information reported through the ESW Website obtained from third parties or for any types of damages (such as, but not limited to, direct, indirect, consequential, special, incidental, punitive or exemplary damages), even if advised of the possibility of such damages.
Except as specifically set forth herein or where the law requires a different standard, we shall not be responsible for any loss, damage, or injury or for any direct, indirect, special, incidental, exemplary or consequential damages, including lost profits, arising from or related to the system, equipment, browser, and/or the installation or maintenance thereof, access to or use of the ESW Website or any services provided herein, failure of electronic or mechanical equipment, the Internet, the system or communication lines, telephone or other interconnect problems, bugs, errors, configuration problems or incompatibility of computer hardware, software, the Internet or the system, failure or unavailability of Internet access, problems with Internet service providers, problems or delays with intermediate computer or communications networks or facilities, problems with data transmission facilities or any other problems you experience due to causes beyond our control.
Linked Websites. ESW may provide a link from the ESW Website to sites maintained by third parties for your convenience only. ESW does not endorse, approve, or certify any information at such websites nor is ESW responsible for any such website. ESW makes no representations about any website that you may access through the ESW Website and any website linked herein is independent of ESW. ESW has no control over the products, services, materials, or other information contained in or available through the third party websites. The quality and dependability of any third party website may vary as it is updated or altered. ESW does not guarantee the accuracy, completeness or usefulness of any materials or content linked to in third-party sites. ESW cannot and does not guarantee or warrant that files available for downloading from the ESW Website or any linked website are free from viruses or other malfunctions. Third party websites contain information created, published, maintained or otherwise posted by organizations independent of ESW. All trademarks and copyrights appearing on third party websites are the property of their owners, unless otherwise stated.
Viruses. Because of the marked increase in the fabrication and proliferation of computer viruses affecting the Internet and the possibility of such viruses being transmitted over the Internet, you should take steps to protect your computer equipment from infection. It is your responsibility to review and/or scan any and all downloaded materials received through the Internet. ESW is not and will not be responsible or liable for any damage caused by any virus or infection.
Trademark and Copyright. ESW is the copyright owner of all text and graphic images contained on the ESW Website. The General head logo and Knight® are registered trademarks of ESW. Other parties’ trademarks and service marks that may be referred to herein are the property of their respective owners. Nothing contained in these Terms and Conditions, on the ESW Website, any services provided herein, or through your use of the Website or any services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any mark displayed on or through the Website or in any content, tools, services, information or materials on or available through, without our written permission or the permission of such third party that may own the marks.
Personal Use. The information contained on the ESW Website is provided for the personal use of ESW’s clients. You may print a copy of the information contained herein for your personal use only, but such information may not be distributed or modified nor links made to the ESW Website without the prior written consent of ESW.
Unauthorized Use is Strictly Prohibited.The content contained in or through the ESW Website is protected by copyright law. The unauthorized copying, reproducing, republishing, uploading, downloading, posting, transmitting, selling, licensing, creating, or duplicating of any of the material is strictly prohibited.
Amendment. By using or accessing the ESW Website and any services provided herein, you agree to be bound by these Terms and Conditions without limitation or qualification. ESW may amend these Terms and Conditions from time to time by updating this posting. Your continued use of the ESW Website and/or any services provided herein is your agreement to the terms of any and all such amendment(s). Therefore, you should review the Terms and Conditions periodically to review the Terms and Conditions to which you are bound.
ESW Financial Group, LLC (“ESW”) is a state registered investment adviser located in Jacksonville, Florida. ESW and its representatives are in compliance with the current filing requirements imposed upon state registered investment advisers by those states in which ESW maintains clients. ESW may only transact business in those states in which it is registered, or qualifies for an exemption or exclusion from registration requirements. ESW’s web site is limited to the dissemination of general information pertaining to its advisory services, together with access to additional investment-related information, publications, and links. Accordingly, the publication of ESW’s web site on the Internet should not be construed by any consumer and/or prospective client as ESW’ 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 ESW with a prospective client shall be conducted by a representative that is either registered or qualifies for an exemption or exclusion from registration in the state where the prospective client resides. For information pertaining to the registration status of ESW, please contact the SEC or the state securities regulators for those states in which ESW maintains a notice filing. A copy of ESW’s current written disclosure statement discussing ESW’ business operations, services, and fees is available from ESW upon written request. ESW does not make any representations or warranties as to the accuracy, timeliness, suitability, completeness, or relevance of any information prepared by any unaffiliated third party, whether linked to ESW’ web site or incorporated herein, and takes no responsibility therefore. All such information is provided solely for convenience purposes only and all users thereof should be guided accordingly.
Past performance may not be indicative of future results. Therefore, no current or prospective client should assume that future performance of any specific investment or investment strategy (including the investments and/or investment strategies recommended or undertaken by ESW) made reference to directly or indirectly by ESW in its web site, or indirectly via a link to an unaffiliated third party web site, will be profitable or equal the corresponding indicated performance level(s). Different types of investments involve varying degrees of risk, and there can be no assurance that any specific investment will either be suitable or profitable for a client or prospective client’s investment portfolio. Historical performance results for investment indices and/or categories generally do not reflect the deduction of transaction and/or custodial charges, the deduction of an investment management fee, nor the impact of taxes, the incurrence of which would have the effect of decreasing historical performance results.
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 ESW), will be profitable or equal any historical performance level(s).
Certain portions of ESW’s web site (i.e. newsletters, articles, commentaries, etc.) may contain a discussion of, and/or provide access to, ESW’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 position(s) and/or recommendation(s). Moreover, no client or prospective client should assume that any such discussion serves as the receipt of, or a substitute for, personalized advice from ESW, or from any other investment professional. ESW is neither an attorney nor an accountant, and no portion of the web site content should be interpreted as legal, accounting or tax advice.
Rankings by unaffiliated rating services and/or publications such as Bloomberg Wealth Manager magazine should not be construed by a client or prospective client as a guarantee that any client will experience a certain level of results if ESW is engaged, or continues to be engaged, to provide investment advisory services, nor should they be construed as a current or past endorsement of ESW by any of its clients. Rankings published by Bloomberg Wealth Manager magazine and others, generally base their selections on information submitted by investment advisors throughout the country.
To the extent that any client or prospective client utilizes any economic calculator or similar device contained within or linked to ESW’s web site, the client and/or prospective client acknowledges and understands that the information resulting from the use of any such calculator/device, is not, and should not be construed, in any manner whatsoever, as the receipt of, or a substitute for, personalized individual advice from ESW, or from any other investment professional.
Each client and prospective client agrees, as a condition precedent to his/her/its access to ESW’ web site, to release and hold harmless ESW, its officers, directors, owners, employees and agents from any and all adverse consequences resulting from any of his/her/its actions and/or omissions which are independent of his/her/its receipt of personalized individual advice from ESW.
