COHESION COMPANIES
TERMS OF SERVICE & USE
Effective Date: November 29, 2023
Welcome! This website (“Site”) is operated by COHESION COMPANIES (“COHESION”).
1. ACCEPTANCE OF TERMS
By accessing or using our Site (or by clicking to accept these Terms of Use if this option is made available to you), you accept and agree to be bound by these Terms of Service and Use (“Terms of Use”) as well as our other legal policies, including without limitation, our Privacy Policies. Before using our Site, please carefully review of all our legal policies. In the event that we collect personal information through our Site, that personal information will be handled in accordance with our Privacy Policies and any other applicable legal policies. To the extent there are inconsistencies between these Terms of Use and our Privacy Policies, these Terms of Use control. by using the site, you expressly agree to be bound by our Terms of Use. If you do not agree to these Terms of Use, please do not use our Site.
COHESION reserves the right to change these Terms of Use from time to time and not inconsistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we post revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept our Terms of Use, you may no longer access or use our Site.
Certain employees of COHESION COMPANIES are Investment Advisor Representatives and/or Registered Representatives. Information and services provided are intended only for residents of the United States.
COHESION is not a CPA firm, public accounting firm, or law firm. The information on our Site is not intended to provide legal, tax, or accounting advice and should not be relied upon in that regard. Persons accessing our Site are advised to obtain proper legal, accounting, tax or professional advice where necessary.
Prewitt CPA PLLC, which is a company affiliated with COHESION and which provides services to COHESION clients, does provide CPA and tax services and is a registered CPA firm.
2. AGE REQUIREMENTS
You must be at least the age of majority in your state of residence, and fully able and competent to enter into and abide by the terms and conditions of these Terms of Use, in order to access and use the Site. Individuals under the age of majority are not eligible to use the Site and may not submit any personal information to us. By accessing or using the Site, you represent and warrant that you are at least the age of majority in your state of residence, are legally entitled to enter into these Terms of Use, and have the right, authority and capacity to enter into and abide by the terms and conditions of these Terms of Use.
3. ACCESSIBILITY
Website Accessibility standards are issues currently in state of transition in the United States and around the world and specific and clear website accessibility requirements, rules and/or guidelines do not currently exist. However, we have taken reasonable steps to develop at Site aimed at ensuring compliance with then-current Web Content Accessibility Guidelines (“WCAG”) and standards. By using our Site, you acknowledge and agree that we shall have no liability to you with regard to accessibility of our Site or its Content.
It is, however, important to us that you are able to access and use our Site. Thus, if you have any difficulty using or accessing any element of our Site, or if you have any feedback concerning the accessibility of our Site, please feel free to contact us using the contact information set forth in this Terms of Use.
4. OWNERSHIP OF THIS SITE AND ITS CONTENT
This Site and its content (together, the “Content”) is protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights herein are the property of COHESION, or the material is included with the permission of the rights owner, and is protected pursuant to applicable copyright, trademark and other intellectual property laws.
The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted only to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and only for your personal, educational, noncommercial use, provided that you: (i) do not modify the Content; (ii) retain any and all copyright and other proprietary notices contained in the Content; and (iii) do not copy or post the Content on any network computer or broadcast the Content in any media.
5. INTELLECTUAL PROPERTY OWNERSHIP
(COHESION name, trademarks and logos)
The COHESION name and logo, all product and service names, and all trademarks, service marks, tag lines, slogans and logos appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of COHESION (the “COHESION Marks”). Any other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners. You are not authorized to display or use the COHESION Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of the properties featured within this Site without the prior written permission of such property or other intellectual property owners. The use or misuse of the COHESION Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited. COHESION and its licensors reserve all rights not granted in these Terms of Use. There is no implied license granted under these Terms of Use.
6. FEEDBACK PROVIDED BY YOU
We may provide you with an opportunity to provide feedback or other information to us through this Site, including but not limited to, any text, photos, images, illustrations, graphics, sounds, video and audio clips, or other content, with regard to how we can improve the Site and our products or services (“User Input”). Any User Input that you provide to us will become and remain our exclusive property with the exception of any personal information of a user. Your submission of User Input will constitute an assignment to us of all worldwide rights, title, and interests in and to your User Input, including all copyrights and other intellectual property rights in your User Input. We will be entitled to exploit, reduce, practice, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any User Input you submit for any purpose whatsoever, without restriction and without compensation to you in any way.
7. PROHIBITED CONDUCT/RESTRICTIONS ON USE
You may use our Site and the associated Content solely for your personal use. Neither this Site, nor any portion thereof, may be reproduced, duplicated, copied, sold, distributed, resold, visited or otherwise exploited for any commercial purpose without our express written consent.
You may not use our Site or any of our Content for:
• any unlawful purpose;
• to solicit others to perform or participate in any unlawful acts;
• to violate any international, federal, state regulations, rules, laws, or local ordinances;
• to infringe our intellectual property rights or the intellectual property rights of others;
• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any other person, whether or not on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• to submit false or misleading information;
• to upload or transmit viruses or any other type of malicious code;
• attempting to reverse compile, modify, engineer, translate or disassemble our Site, in whole or in part;
• to interfere with the functionality or operation of the Site or of any related website;
• to interfere with other users’ access to the Site;
• to collect or track the personal information of others;
• to spam, phish, pharm, pretext, spider, crawl, or scrape;
• for any obscene or immoral purpose; or
• to interfere with or circumvent the security features of the Site or any related website, other websites, or the internet.
• Access our Site or services in order to: (1) build a competitive product or service, or (2) copy any ideas, features, functions, or graphics of the Site or services.
• Reproduce, duplicate, copy, download, sell, resell, visit, or otherwise exploit the Site or our services or our company content for any commercial purpose without the express written consent of COHESION; or
• Share with any third party any access codes or account information, including without limitation your username and password that you may create with us.
You are responsible for all activity that occurs under any account that you may have with COHESION and you are solely responsible for maintaining the confidentiality of your access codes and Account information. You must notify us immediately if you become aware of any unauthorized use of your access codes or account information. You acknowledge that use of the Site is for its intended use only.
8. LINKS TO THIRD-PARTY WEBSITES
Our Site may contact links that direct you to third-party websites that are not affiliated with COHESION (“Third-Party Sites”). We are not responsible for examining or evaluating the content or accuracy of the information available on Third-Party Sites, and we do not warrant and will not have any liability or responsibility for any third-party materials or information contained on a Third-Party Site, or for any other materials, products, or services of any third-party. Our Site may also direct or link you to third-party websites operated by COHESION vendors or affiliates. By using our Site, and any third-party links, you expressly agree to the terms and conditions of said third-parties and acknowledge your obligation to review and agree to the legal policies, including terms of use/service and privacy policies, of said third-parties.
COHESION is not liable for any harm or damages related to your purchase or use of services, goods, resources, content, or any other transactions made between you and any third-party whether or not you connected with that third-party through our Site. Please carefully review the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.
9. DISCLAIMERS
COHESION MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, COHESION, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COHESION, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES: (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
COHESION DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE OR OPINIONS MADE BY ANYONE OTHER THAN FULLY AUTHORIZED AND OFFICIAL COHESION SPOKESPERSONS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA THROUGH OR IN OUR SITE. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND/OR OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OWNERS, SHAREHOLDERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOW SO EVER ARISING, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT,GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD-PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE REASONABLE VALUE OF THE SERVICES RENDERED UNDER WHICH THE LIABILITY AROSE.
Our legal policies (including our Terms of Use and Privacy Policies) and this Site give you specific legal rights and you may also have other rights which vary from U.S. state to U.S. state and country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
11. SITE UPDATES/MODIFICATION/DISCONTINUATION/SUSPENSION
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend, or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice to you. You agree that we shall not be liable to you or to any third-party for any such modification, editing, deletion, suspension, or discontinuance of this Site.
12. WAIVER
The failure of COHESION, at any time, to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by COHESION of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.
13. SEVERABILITY
Should any provision of these Terms of Use be held by a court of competent jurisdiction or other appropriate adjudicatory authority to be unenforceable, such provision will be interpreted to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.
14. GOVERNING LAW
These Terms of Use shall be governed and construed in accordance with the laws of the State of Texas, United States of America, without regard to conflict of law provisions.
15. INDEMNIFICATION
You agree to indemnify and hold COHESION, its subsidiaries, franchises and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third-party due to, or arising out of, your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post or other action you take using this Site causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.
In the event of a claim triggering your obligation to indemnify, you shall provide us with:
(i) prompt written notice of any such claim;
(ii) sole control over the defense and settlement of such claim, and
(iii) proper and full information and assistance to settle or defend any such claim.
16. ENTIRE AGREEMENT
These Terms of Use, along with our Privacy Policy(ies) and other legal policies (as well as any special terms or notices applicable to you) contain the entire understanding and agreement between you and COHESION with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and COHESION with respect to this Site and your use of this Site.
17. QUESTIONS/CONTACT US
If you have any questions about this Site, our Terms of Use or any of our legal policies, please contact us using the following information:
Cohesion Companies
8144 Walnut Hill Lane
Suite 1100
Dallas, Texas 75231
support@cohesionco.com
214-528-4511