Thank you for visiting www.brentonpoint.com (the “Site”). The Site is provided by Brenton Point Wealth Advisors LLC (“Brenton Point”).
PLEASE READ THIS USER AGREEMENT (THIS “AGREEMENT”) CAREFULLY BEFORE USING THE SITE. BY USING THE SITE, YOU ARE AGREEING TO ARBITRATE DISPUTES AGAINST BRENTON POINT IN YOUR INDIVIDUAL CAPACITY, AND YOU ARE WAIVING YOUR RIGHT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
WHEN you visit the Site, you agree to be bound by THIS AGREEMENT AND BRENTON POINT’S PRIVACY NOTICE (THE “PRIVACY NOTICE”), AND YOU ACKNOWLEDGE, UNDERSTAND AND ACCEPT BRENTON POINT’S INVESTMENT AND OTHER INFORMATION DISCLOSURES (THE “DISCLOSURES”). BY USING THE SITE, YOU ACCEPT AND AGREE THAT THIS AGREEMENT, THE PRIVACY NOTICE AND THE DISCLOSURES GOVERN YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THE PRIVACY NOTICE OR THE DISCLOSURES, YOU MAY NOT USE THE SITE.
BRENTON POINT MAY MAKE CHANGES OR IMPROVEMENTS TO THE SITE AND/OR TO THIS AGREEMENT AT ANY TIME. ANY MODIFICATIONS MADE WILL BE EFFECTIVE IMMEDIATELY UPON THE POSTING OF THE MODIFIED AGREEMENT ON THE SITE. BY CONTINUING TO USE THE SITE AFTER ANY CHANGES OR IMPROVEMENTS ARE MADE, YOU ARE ACCEPTING AND AGREEING TO THE CHANGES. YOU AGREE TO REVIEW THE POSTED AGREEMENT EACH TIME YOU ACCESS OR USE THE SITE SO THAT YOU ARE AWARE OF ANY MODIFICATIONS MADE TO THIS AGREEMENT.
Please review our Privacy Notice, available here and our Investment Performance and Research Disclosures, available here, which also apply to and govern your use of the Site. The Privacy Notice explains how Brenton Point collects and uses certain information and data collected through the Site. The Disclosures provide important disclosures and information about the investment research information made available through the Site. By using the Site, you (a) are agreeing to Brenton Point’s collection and use of certain information consistent with the Privacy Notice, and to be bound by the terms of the Privacy Notice and this Agreement; and (b) acknowledge, understand and accept the Disclosures.
The Brenton Point name and logo, and other marks displayed on or through the Site, are the proprietary service marks or trademarks of Brenton Point or third parties. The Brenton Point trademarks may not be used in connection with any product or service that is not Brenton Point’s without Brenton Point’s express prior written consent. All other trademarks not owned by Brenton Point that appear as part of the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by, Brenton Point.
All content on the Site, including, but not limited to, works of authorship, documents, designs, text, graphics, photos, logos, button icons, images, software, programs, code, digital downloads, and data compilations; any improvements or modifications to such content; any derivative works of any of the foregoing; and the collection, arrangement, and assembly of all data and content on or accessed through the Site are the property of Brenton Point or its respective licensors, and are protected by all applicable intellectual property laws.
You may not use, reproduce, perform, display, publish, adapt, modify, broadcast, transmit, distribute, exhibit, disseminate, license or sell any of the trademarks, service marks, names, logos, content, data, data compilations/analyses, illustrations, graphics, images, photos, documents, works of authorship, or other information, services or materials appearing or available on or through the Site (collectively, “Site Content”), or any other proprietary interests of Brenton Point, in whole or in part, except as expressly permitted by this Agreement. Nothing in this Agreement shall grant to you or to any other user any license or right in or to any copyright, trademark, trade secret, patent or other proprietary right of Brenton Point or any other person.
The Site may include information regarding Brenton Point and its services, as well as publications and materials proprietary to Brenton Point, and data compilations. Subject to the terms and conditions hereof, Brenton Point hereby grants you a non-exclusive, worldwide, revocable, limited, non-transferable license to access the Site and view the Site Content solely for your own personal, non-commercial use; provided, that (x) neither the Site Content nor any indicia, notices, content, disclaimers or other terms therein are altered or removed; and (y) any information provided through the Site by third parties is used solely for the purpose permitted in this paragraph.
You acknowledge and agree that all Site Content is confidential information belonging to Brenton Point, which you shall keep strictly confidential. You shall not disclose, or use for any purpose other than as expressly permitted herein, any of the Site Content. If you are required by law to disclose any Site Content, you shall provide Brenton Point with immediate notice of such request so that Brenton Point may seek confidential treatment for such information. In the event that such protective order or other remedy is not obtained, or that Brenton Point grants a waiver hereunder, you may furnish only that portion of the Site Content that you are legally required to disclose and shall seek confidential treatment for such disclosed information.
In no circumstance shall title to any Site Content, or other information found on the Site be transferred to you by the function of this license. Any unauthorized use of any Site Content or any intellectual property or information accessed or available through the Site or Site Content may violate intellectual property and other laws.
You agree not to upload or transmit to or via the Site any information that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, or other intellectual property or proprietary right; (ii) is defamatory, libelous, expresses hate, or is unlawfully threatening; (iii) is pornographic, obscene, or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan Horse, or any other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law, or regulation. Brenton Point reserves the right to remove any material alleged to be violating any of the above pending further investigation.
You agree that you will not interfere, in any way, with others’ use of or access to the Site, will not develop, invoke or utilize any code or other method to disrupt, diminish the quality of, interfere with the performance of, impair the functionality of, or attempt to reverse engineer the Site (or any part thereof) or circumvent any security features thereof, and will not attempt to gain unauthorized access to the content or computer system of any other site or of any Site user. You further agree (i) not to use any software, program, code, algorithm, method, data or data compilation owned by Brenton Point except as may be implemented in the Site, as applicable; (ii) not to take any other action in connection with your use of the Site that violates any treaty, law, or regulation; and (iii) to fully comply with all applicable treaties, laws, and regulations in your use of the Site.
You agree not to authorize or encourage any third party to use the Site to facilitate or engage in any of the prohibited conduct described in this Agreement. You also agree to immediately notify Brenton Point in the event of an actual or threatened claim that you have violated any of the terms, conditions, limitations, covenants or agreements contained in this Agreement.
You agree to access the Site through a standard Web browser, and you specifically agree not to use any third-party applications to access any page of the Site. You further agree that you will not use any robot, spider, or other automatic device, manual process, or application or data mining or extraction tool to access, monitor, copy, or use the Site. You agree not to take any other action that imposes an unreasonable or disproportionately large load on the Site.
Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way the Site or any portion thereof or any information or content on the Site without the prior written consent of Brenton Point.
This Agreement will remain in effect until terminated in accordance with this Section 4.
Your right to access and use the Site immediately terminates without further notice upon your breach of this Agreement. Brenton Point may immediately suspend or terminate the license and/or your right and ability to use the Site at any time for your breach or suspected breach of this Agreement. Upon termination, you will immediately destroy any materials, content or other information (including, without limitation, Site Content) that you obtained from the Site, if any, and cease all use of the Site.
Brenton Point reserves the right, in its sole discretion, to discontinue or modify the Site or your right to use the Site at any time, without cause. In the event of any material modifications to the Site, your access to the Site and the information, content, services and materials on the Site may be limited or unavailable during the modification period.
Any provisions of this Agreement which by their nature should survive the expiration or termination of your right to access and use the Site shall survive the expiration or termination for any reason whatsoever. Brenton Point shall in no way be liable to you or any third party for any consequence which results from Brenton Point’s decision to modify, suspend or discontinue the Site.
Brenton Point further reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Site, including, but not limited to: unauthorized access to the Site through a third-party application, robot, spider, automated device, or data mining or extraction tool or other unauthorized means; interference with the Site; any other action that imposes an unreasonable load on the Site; any link to any page of the Site other than the home page; any sharing of access to the Site with another individual or entity; or any unauthorized distribution of Site Content. Brenton Point’s decision not to pursue legal action for any violation of this Agreement shall not be construed as a waiver or modification of this Agreement, the Privacy Notice, or of Brenton Point’s legal rights and remedies, all of which are expressly reserved.
IN NO EVENT WILL BRENTON POINT BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY THIRD PARTY SITE, OR ANY LINK CONTAINED IN A THIRD PARTY SITE.
By using the Site, you represent and warrant that you are at least eighteen (18) years of age, and that you agree to abide by all of the terms and conditions of this Agreement. Use of the Site is void where prohibited.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND/OR ANY SITE CONTENT IS AT YOUR OWN RISK AND THAT THE SITE AND ALL SUCH INFORMATION IS PROVIDED BY BRENTON POINT ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRENTON POINT MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE AND THE AVAILABILITY, OPERATION, AND USE OF THE SITE AND THE SITE CONTENT, AS APPLICABLE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
IN ADDITION, BRENTON POINT DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY SITE CONTENT IS ACCURATE, COMPLETE, OR CURRENT, AND BRENTON POINT IS NOT RESPONSIBLE FOR ANY ERRORS, INACCURARIES, DEFECTS, UNTIMELINESS, SECURITY BREACHES OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE OR SITE CONTENT. BRENTON POINT UNDERTAKES NO OBLIGATION TO UPDATE ANY INFORMATION OR SITE CONTENT CONTAINED ON THE SITE. FURTHER, BRENTON POINT MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR SITE CONTENT WILL BE AVAILABLE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, DEFECTS OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL BRENTON POINT OR ITS CURRENT AND FUTURE PARENTS, SUBSIDIARIES AND AFFILIATES OR THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES (COLLECTIVELY, THE “BRENTON POINT PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE, OR IMPROPER USE OF, THE SITE OR ANY SITE CONTENT AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR REVENUE, OR FOR BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
CERTAIN LAWS MAY NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH CASES, BRENTON POINT’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NEVERTHELESS, NOTHING IN THIS AGREEMENT IS INTENDED TO LIMIT OR WAIVE ANY RIGHTS YOU MAY HAVE UNDER ANY APPLICABLE LAWS.
You agree to defend, indemnify and hold the Brenton Point Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs, and expenses (including, without limitation, reasonable attorneys’ fees, disbursements, and court costs, including any incurred in enforcement of this indemnity) arising from, incurred as a result of, in connection with, or in any manner related to (i) use of the Site or any Site Content contained, displayed, or available therein by you or any other person accessing the Site; (ii) your violation or breach of this Agreement; and/or (iii) your violation of any third party’s rights.
If you violate, or are reasonably suspected by Brenton Point of violating, this Agreement in any way, Brenton Point may prohibit you from using or accessing the Site, in whole or in part, at any time, in its sole discretion, without notice to you. These actions are in addition to, and not in lieu or limitation of, any other right or remedy Brenton Point may have available at law or in equity. Further, Brenton Point shall not be liable to you or any third party for any such suspension or termination.
WITHOUT LIMITATION TO ANY OTHER PROVISION IN THIS AGREEMENT, BRENTON POINT shall not be responsible or liable for any failure or delay in the performance of its obligations under this Agreement if the delay or failure arises out of or results from any cause beyond ITS reasonable control, including without limitation, acts of God, earthquake, fire, flood, storms, war, labor disputes, interruptions, loss or malfunctions of utilities, computer or communications services, accidents, acts of civil or military authority or governmental actions, acts of terrorism or any other act of civil or military authority or governmental action.
This Agreement and your access to and use of the Site is governed by the laws in effect in the State of New York, without giving effect to its conflicts of law provisions. By using the Site, you waive any claims that may arise under the laws of other countries or territories.
With respect to any and all disputes arising out of or in connection with the Site, this Agreement, or the Privacy Notice, you and Brenton Point agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and Brenton Point do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by confidential binding arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association in New York County, New York.
THE ARBITRATION OF DISPUTES PURSUANT TO THESE TERMS SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE AND/OR THIS AGREEMENT, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THIS AGREEMENT IS INTENDED TO LIMIT OR WAIVE ANY RIGHTS YOU MAY HAVE UNDER ANY APPLICABLE LAWS.
The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that Brenton Point may seek any interim or preliminary relief from a court of competent jurisdiction in New York County, New York, necessary to protect its rights or property pending the completion of arbitration.
To the extent permitted by law, any claim or dispute arising out of or in connection with the Site, this Agreement, or the Privacy Notice, must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute isn’t filed within one year, it’s permanently barred.
If you have any questions about this Agreement or any Site Content, please contact Brenton Point at email@example.com or by letter addressed to:
Brenton Point Wealth Advisors LLC
900 Third Avenue
New York, New York 10022
Attn: Brenton Point
The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
You may not assign or otherwise transfer this Agreement or any rights or obligations hereunder. Brenton Point’s failure to act on any breach of any provision hereof shall not be construed as a modification or waiver of the enforcement of any provision unless Brenton Point agrees to such waiver in writing. If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.
This Agreement, together with Brenton Point’s Privacy Notice, set forth the entire understanding between you and Brenton Point with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, oral or written, between you and Brenton Point with respect to such subject matter.
Effective as of: March 31, 2017
Thank you for visiting www.brentonpoint.com (the “Site”). The Site is provided by Brenton Point Wealth Advisors LLC (“Brenton Point”).
PLEASE READ THIS PRIVACY NOTICE (THIS “PRIVACY NOTICE”) CAREFULLY BEFORE USING THE SITE TO UNDERSTAND HOW BRENTON POINT COLLECTS AND USES INFORMATION AND DATA COLLECTED THROUGH THE SITE.
WHEN YOU VISIT THE SITE, YOU AGREE TO BE BOUND BY THIS PRIVACY NOTICE AND BRENTON POINT’S USER AGREEMENT (THE “AGREEMENT”), AND YOU ACKNOWLEDGE, UNDERSTAND AND ACCEPT BRENTON POINT’S INVESTMENT AND OTHER INFORMATION DISCLOSURES (THE “DISCLOSURES”). BY USING THE SITE, YOU ARE AGREEING TO OUR COLLECTION AND USE OF CERTAIN INFORMATION CONSISTENT WITH THIS PRIVACY NOTICE, AND TO BE BOUND BY THIS PRIVACY NOTICE, THE AGREEMENT AND THE DISCLOSURES. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY NOTICE, THE AGREEMENT OR THE DISCLOSURES, YOU MAY NOT USE THE SITE.
BRENTON POINT MAY MAKE CHANGES OR IMPROVEMENTS TO THE SITE AND/OR TO THIS PRIVACY NOTICE AT ANY TIME. ANY MODIFICATIONS MADE WILL BE EFFECTIVE IMMEDIATELY UPON THE POSTING OF THE MODIFIED PRIVACY NOTICE ON THE SITE. BY CONTINUING TO USE THE SITE AFTER ANY CHANGES OR IMPROVEMENTS ARE MADE, YOU ARE ACCEPTING AND AGREEING TO THE CHANGES AND IMPROVEMENTS. YOU AGREE TO REVIEW THE POSTED PRIVACY NOTICE EACH TIME YOU ACCESS OR USE THE SITE SO THAT YOU ARE AWARE OF ANY MODIFICATIONS MADE TO THIS PRVIACY NOTICE.
Please review our User Agreement, available here, and our Investment Performance and Research Disclosures, available here, which also apply to and govern your use of the Site. The Agreement governs your access to and use of the Site. The Disclosures provide important disclosures and information about the investment research information made available through the Site. By using the Site, you (a) are agreeing to be bound by the terms of this Privacy Notice and the Agreement; and (b) acknowledge, understand and accept the Disclosures.
Brenton Point does not collect any personally identifiable information from you through the Site.
Brenton Point may collect non-personally identifiable information using automated methods, including without limitation, your computer or device’s IP address or other unique identifier, your Internet service provider, your type and version of browser and operating system, your geographic location, information about the site that referred or linked you to the Site (if any), any search words or terms that are passed from a search engine, and your activity on the Site (collectively, “Clickstream Information”). Although this information is related to you, it does not personally identify you to Brenton Point.
Brenton Point may use Clickstream Information in an effort to, among other things: ensure maximum compatibility of the Site with various browsers and operating systems; enhance our exposure on the Internet; and improve your experience on the Site.
IN NO EVENT WILL BRENTON POINT BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
By using the Site, you represent and warrant that you are at least eighteen (18) years of age, and that you agree to abide by all of the terms and conditions of this Privacy Notice. Use of the Site is void where prohibited.
If you have any questions about this Privacy Notice or your interactions with the Site, please contact us at: firstname.lastname@example.org.
Effective as of: March 31, 2017
Thank you for visiting www.brentonpoint.com (the “Site”). The Site is provided by Brenton Point Wealth Advisors LLC (“Brenton Point”). Brenton Point may make certain investment and other information (collectively, “Information”) available through the Site.
PLEASE READ THESE INVESTMENT AND OTHER INFORMATION DISCLOSURES (THESE “DISCLOSURES”) CAREFULLY BEFORE USING THE SITE TO UNDERSTAND THE INFORMATION MADE AVAILABLE THROUGH THE SITE AND THE RISKS ASSOCIATED THEREWITH.
WHEN YOU VISIT THE SITE, YOU AGREE TO BE BOUND BY THE BRENTON POINT USER AGREEMENT (THE “AGREEMENT”), BRENTON POINT’S PRIVACY NOTICE (THE “PRIVACY NOTICE”) AND THESE DISCLOSURES. BY CONTINUING TO USE THE SITE, YOU ACCEPT AND AGREE THAT THE AGREEMENT, THE PRIVACY NOTICE AND THESE DISCLOSURES GOVERN YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, THE PRIVACY NOTICE OR THESE DISCLOSURES, YOU MAY NOT USE THE SITE.
BRENTON POINT MAY MAKE CHANGES OR IMPROVEMENTS TO THE SITE AND/OR TO THESE DISCLOSURES AT ANY TIME. ANY MODIFICATIONS MADE WILL BE EFFECTIVE IMMEDIATELY UPON THE POSTING OF THE MODIFIED DISCLOSURES ON THE SITE. BY CONTINUING TO USE THE SITE AFTER ANY CHANGES OR IMPROVEMENTS ARE MADE, YOU ARE ACCEPTING AND AGREEING TO THE CHANGES. YOU AGREE TO REVIEW THE POSTED DISCLOSURES EACH TIME YOU ACCESS OR USE THE SITE SO THAT YOU ARE AWARE OF ANY MODIFICATIONS MADE TO THESE DISCLOSURES.
Please review our Privacy Notice, available here, and the Agreement, available here, which also apply to and govern your use of the Site. The Privacy Notice explains how Brenton Point collects and uses certain information and data collected through the Site. The Agreement governs your access to and use of the Site. By using the Site, you (a) are agreeing to Brenton Point’s collection and use of certain information consistent with the Privacy Notice, and to be bound by the terms of the Privacy Notice and the Agreement; and (b) acknowledge, understand and accept these Disclosures.
The Information available on the Site is for informational, illustration and discussion purposes only and is not intended to be, nor should it be construed as, financial, legal, tax or investment advice, of Brenton Point. This Site is not intended to be an offer to sell, or a solicitation of any offer to buy, any security or other financial instrument. Before you decide to open an account at BPWA, you should carefully read the related documentation, including the client agreement and BPWA’s regulatory disclosure document (its Form ADV Part 2A or Wrap Fee Brochure as relevant).
Commentary presented in the Information, if any, is solely the opinion of Brenton Point. The investment performance information includes performance through the date indicated. The Information does not take into account the particular investment objectives, financial circumstances, restrictions, particular needs or financial, legal or tax situation of any particular person and should not be viewed as addressing the particular investment needs of any specific person, client or type of client. Before you decide to invest or maintain an investment in an account managed by Brenton Point, you should carefully read the relevant client agreement and any other related documentation to determine whether an investment is suitable for you in light of your circumstances, investment objectives, financial situation and risk tolerance. No representation is made that your investment objectives will be achieved by Brenton Point. References to specific securities and issuers are for illustrative purposes only and are not intended to be, and should not be interpreted as recommendations to purchase or sell such securities.
The Site does not provide any performance information. By clicking on the link on the Client Performance page you are leaving the Site and accessing the Pershing LLC website. Any performance information related to your account at Brenton Point that you access by clicking such link is provided by Pershing LLC on its website. Brenton Point takes no responsibility for any information conveyed by Pershing LLC, including, without limitation, through its website.
An investment in an account managed by Brenton Point involves risks, which you should understand prior to making an investment. Brenton Point expects to that a substantial portion of each of its client’s assets will be managed by one or more third-party investment advisors (each, a “Third-Party Advisor”). Such investments may be through investment vehicles managed by a Third-Party Advisor, such as mutual funds, exchange-traded funds and private investment funds and/or through separately managed accounts traded by a Third-Party Advisor (collectively, “Underlying Investments”). Although Brenton Point conducts due diligence on Third-Party Advisors prior to approving them to trade client assets, there can be no guarantee that Brenton Point’s diligence will be successful or that a Third-Party Advisor or a client will not suffer losses. Additionally, if suitable for a client, certain investment strategies may use leverage and other speculative investment practices or trading strategies that may increase the risk of investment loss. The investment performance of a client’s account at Brenton Point, as well as the Underlying Investments held by such account, may be volatile. In addition, client assets will be invested in individual equity and debt securities and may be invested in other financial products from time to time, which are also subject to certain risks. All investments of client assets entails certain risks, including the possible loss of the entire principal amount invested.
A client’s assets may be invested in various global markets throughout the world. As a result, the client may be exposed to risks relating to non-US markets, including, without limitation, risks relating to currency exchange, tax, lack of liquidity, market manipulation, political instability and higher transaction costs.
If Brenton Point deems it suitable for a client, Brenton Point may recommend investments in privately placed securities, which are not registered with federal or state regulators and the offering documents of which are generally not reviewed or approved by federal or state regulators. This makes it difficult for both you and Brenton Point to assess the performance of such securities or independently verify information that is reported. The companies offering such securities may not be required to provide periodic pricing or valuation information to Brenton Point. All of this can make it easier for an unscrupulous company to engage in fraud.
While Brenton Point generally expects most of a client’s portfolio to be liquid, certain investments may be highly illiquid, such as investments in privately placed securities. The federal securities laws place significant restrictions on transferring or redeeming such securities. As such, there is no secondary market for such securities and none is expected to develop.
The death, disability or departure of key Brenton Point personnel may have a material adverse effect on investment performance. Certain Underlying Investments may also highly dependent on the performance of certain key personnel. The death, disability or departure of such key personnel may have a material adverse effect on investment performance of the affected Underlying Investment(s).
The fees and expenses of managed accounts – which may be substantial regardless of any positive return – will offset the managed accounts’ investment and trading profits. If Brenton Point’s investments are not successful, these payments and expenses may, over a period of time, cause losses.
Brenton Point and the managers to the Underlying Investments may be subject to various potential and actual conflicts of interest.
With respect to certain strategies, Brenton Point may attempt to minimize the tax impact of such strategies on its client. However, such attempts may not be successful, including, without limitation, because Brenton Point may have an incomplete understanding of such client’s tax situation.
The risk management techniques which may be utilized by Brenton Point cannot provide any assurance that an investment will not be exposed to risks of significant trading losses. Your investment is subject to potential loss, in whole or in part. Certain Underlying Investments may not be suitable for all investors. Investors must have the financial ability, sophistication/experience and willingness to bear the risks of opening an account at Brenton Point.
Any forward-looking opinions, assumptions, assessments or similar statements (collectively, the “Statements”), including any regarding portfolio characteristics and limits, constitute only subjective views, estimations or intentions of Brenton Point, should not be relied on, and are subject to change due to many factors, including fluctuating market conditions and economic factors. Such Statements involve inherent risks, many of which cannot be predicted or quantified and are beyond Brenton Point’s control. The Information may be based upon certain assumptions, and we make no representations as to the reasonableness of such assumptions or the likelihood that such assumptions will coincide with actual events and the Information should not be relied upon for that purpose. Changes in such assumptions could produce materially different results. Future evidence and actual results (including actual composition and investment characteristics of a client’s portfolio) could differ materially from those set forth in, contemplated by, or underlying these Statements, which are subject to change without notice. In light of the foregoing, there can be no assurance and no representation is given that the Statements are now, or will prove to be, accurate or complete. Brenton Point undertakes no responsibility or obligation to revise or update such Statements.
Any benchmark shown herein is shown for illustrative purposes only. No index benchmark is available for direct investment. It may not be possible to replicate the returns of any index, as the index may not include any trading commissions and costs or fees, may assume the reinvestment of income, and may have investment objectives, use trading strategies, or have other materials characteristics, such as credit exposure or volatility, that do not make it suitable for a particular person. You should not use any index or Information herein to make investment decisions. Your investment decisions should only be made in consultation with your tax, financial, legal, and other advisors and on the basis of your own objectives, experience, and resources. Brenton Point takes no responsibility for any benchmark or index provided on the Pershing LLC website, including if used for comparison purposes.
Any descriptions involving investment process, investment goals or strategies, risk management techniques, portfolio characteristics, investment examples, or statistical analysis, are provided for illustration purposes only, will not apply in all situations, may be changed in the discretion of Brenton Point without notice and may not be fully indicative of any present or future investments. Investments are selected by, and will vary at the discretion of, Brenton Point and are subject to availability and market conditions, among other factors. No representation is made that Brenton Point’s or a client’s investment processes, investment objectives, goals or risk management techniques will or are likely to be achieved or successful, or that any investment will make any profit or will not sustain losses. Volatility and performance will fluctuate, including over short periods, and should be evaluated over the time period indicated and not over shorter periods. Volatility and returns depend on a variety of factors including overall market conditions, unpredictable economic and political events, and the ability of Brenton Point and the managers to Underlying Investments to implement their investment processes, investment objectives and risk management strategies. Investments are subject to the risks of market volatility, which may be severe. Such market volatility may be caused by, among other events, unpredictable economic and political events that may cause sudden and severe reductions in the value of investments.
The Information is as of the date indicated, may not be complete, is subject to change at the discretion of Brenton Point without notice, does not contain all material information regarding investments, including specific information relating to any investment’s risks, tax considerations and other important disclosures involved in opening an account at Brenton Point, and is subject to more complete disclosures found in other Brenton Point disclosure documents. Certain Information has been provided by and/or is based on third-party sources and, although believed to be reliable, has not been independently verified and its accuracy or completeness cannot be guaranteed. Brenton Point is not responsible for errors or omissions from these sources. No representation is made with respect to the accuracy, completeness or timeliness of the Information and Brenton Point assumes no obligation to update or otherwise revise such Information.
The above summary is not a complete list of the risks, tax considerations and other important disclosure involved in investing in a managed account and is subject to more complete disclosures in the relevant client agreement and other related documentation. Such documents must be reviewed carefully prior to making an investment.
Effective as of: March 31, 2017