Terms of Use

Effective Date: September 3, 2014

Last Modified: September 21, 2016

Access to and use of this website is subject to these Terms of Use (the “Terms”). Your use of this website constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this website, you represent and warrant to CirraFi (“Company”) that you will not use this website for any purpose that is unlawful, immoral, or prohibited by the Terms. If you do not agree and accept without modification the Terms set forth herein, do not use this website.

1. Privacy Notice

Personal information, such as your name, date of birth, phone number, email address, Social Security number, driver’s license number and state identification number, bank account numbers, and credit card account numbers, that is not otherwise publicly available, and that you upload, submit or provide to Company through this website is subject to Company’s Privacy Policy. For more information about Company’s use and protection of your personal information, please review Company’s Privacy Policy.

2. User Guidelines

You agree to adhere to the following guidelines when using this website:

In the event you are provided with user ID’s and passwords in the use of this website, you shall maintain such user IDs and passwords in confidence, and you agree not to distribute or disclose the same to third parties. If you believe there has been unauthorized use, you must notify Company immediately by emailing legalnotices@cirrafi.com. Company may suspend or terminate your service or access if it believes that such theft, use, access or breach, or any other breach of these Terms, has occurred.

You agree that any information that you provide will be true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete (or if Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete), Company has the right to suspend or terminate your access and activity relating to, and to refuse any and all current or future access to or use of, this website.

3. Information You Post to this Website

With respect to all information you elect to post to publicly accessible areas of this website, you agree that Company has the right to use, reproduce, copy, modify, publish, distribute, perform and display such information (in whole or part) publicly; provided that such use is in accordance with the terms of Company’s Privacy Policy.

You shall not post, publish, upload or distribute any posting to publicly accessible areas of the website which are unlawful or abusive in any way, including, but not limited to, any postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, or the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, either intentionally or unintentionally. Company may delete your postings at any time for any reason without permission from you.

Postings shall not contain protected health information. You are strictly prohibited from submitting postings to publicly accessible areas of the website that are considered protected health information under the Health Accountability and Portability Protection Act of 1996 (HIPAA) or the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH).

Company has no obligation to monitor or screen postings to publicly accessible areas of the website and is not responsible for the content in such postings or any content linked to or from such postings. Company however reserves the right, in its sole discretion, to monitor postings, edit postings, cause postings not to be posted, published, uploaded or distributed, and remove postings, at any time and for any reason or no reason.

4. Hyperlinks Notice

This website may contain links to websites operated by parties other than Company (“Third Party Websites”). Such links are provided for your reference only. Company does not control such Third Party Websites, and is not responsible for any content on Third Party Websites. Company’s inclusion of links to Third Party Websites does not imply any endorsement of the material on the Third Party Websites or any sponsorship, affiliation, or association with their owners, operators, or sponsors. Company’s inclusion of the links to the Third Party Websites does not imply that Company is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol or other material that may be reflected in the links or on the Third Party Websites.

5. Trademark and Copyright Notice

This website and the materials within it are protected by copyright. Viewing this website creates a copy of Company’s materials in your computer's random access memory and/or in your hard drive and/or in your proxy server. Company grants you permission to make such copies, view this website and to print individual pages from this website for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms, and conditions set forth in the Terms. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, material, software, products or services from this website.

Company reserves the right to remove any content that allegedly infringes another person’s copyright. Company will terminate, in appropriate circumstances, subscribers and account holders of Company’s system or network who are repeat infringers of another person’s copyright. Notices to Company regarding any alleged copyright infringement should be directed to the Chief Legal Officer via certified mail or courier at P.O. Box 52236, Lafayette, LA 70505-2236, via fax at 337-534-0149 or via email at legalnotices@cirrafi.com.

6. Linking to this Website

You may provide links to this website, provided that (a) you do not remove or obscure, by framing or otherwise, any portion of this website, including any advertisements, terms of service, copyright notice, and other notices on this website, (b) you immediately deactivate and discontinue providing links to this website if requested by Company, and (c) Company may deactivate any link(s) at its discretion.

7. Advertisers

This website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this website is accurate and complies with applicable laws. Company will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.

8. Content Notice

THE INFORMATION AND MATERIALS IN THIS WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF COMPANY OR ANY OF ITS AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT, OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS WEBSITE, AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS WEBSITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED WITHOUT NOTICE AT ANY TIME.

COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE MATERIALS ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS WEBSITE, OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS WEBSITE. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, THE MATERIALS IN THIS WEBSITE, THE DELAY OR INABILITY TO USE THIS WEBSITE, OR OTHERWISE ARISING IN CONNECTION WITH THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

9. Law Enforcement

Company’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Company’s right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Company with respect to such use.

10. Governing Law

You agree that these Terms of Use and your use of this website are governed by the procedural and substantive laws of the State of Louisiana, U.S.A. without regard to any conflict of laws provisions. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies, and other dispute resolution organizations in Lafayette, Louisiana USA in all disputes (a) arising out of, relating to, or concerning this website and/or the Terms, (b) in which this website and/or the Terms is an issue or a material fact, or (c) in which this website and/or the Terms is referenced in a paper filed in a court, tribunal, agency, or other dispute resolution organization. Company makes no representation that materials on this website are appropriate or available for use in any particular jurisdiction.

11. Disputes

Any claim or controversy arising out of, relating to, or concerning this website and/or the Terms of Use must be submitted to and settled under binding arbitration in Lafayette, Louisiana, U.S.A. in accordance with the rules of the American Arbitration Association. Subject to the rules of the American Arbitration Association, the decisions of the arbitrators will be binding and conclusive upon all parties involved, and judgment upon any decision of an arbitrator may be entered in the highest court of any forum, federal or state, having jurisdiction.

12. Severability

Any use in contravention of this provision or any provision of this Terms of Use Policy is at your own risk and, if any part of the Terms is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall govern such use.

13. Changes to Terms of Use

You agree that Company may at any time and without notice change the terms, conditions, and notices under which this website is offered, including any or all portions of the Terms.

14. No Legal Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this agreement or your use of this website.

15. Entire Agreement

The Terms, taken as a whole, constitute the entire agreement between you and Company with respect to this website. The Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Company with respect to this website. No modification of the Terms shall be effective unless it is authored by Company. Any alleged waiver of any breach of the Terms shall not be deemed to be a waiver of any future breach. A printed version of the Terms and/or of any notice given by Company in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms or your use of this website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Company in printed form.

16. Further Information

For further information or if you have questions, concerns, or comments, you may contact us as follows:

CirraFi
P.O. Box 52236
Lafayette, LA 70505-2236
855.813.0457