Please review these terms of use (“Terms of Use”) for more information regarding the text messaging service (the “Service”) offered by Cetera Financial Group, Inc. and its Affiliates, including Cetera Advisor Networks LLC, Cetera Advisors LLC, Cetera Investment Services LLC, Cetera Financial Specialists LLC, and First Allied Securities, Inc. In these Terms of Use, “we,” “us” and “our” all refer to
Cetera, having a principal place of business at 2301 Rosecrans Ave., Suite 5100, El Segundo, CA 90245. The terms “you” and “your” refer to the individual using the Service to communicate with a registered representative or investment advisor representative of a Cetera Affiliate (“Representative”). This Service allows you to communicate with a Representative and their office staff via a mobile or web application (the “Text Number”). The Representative may provide access to the Service to office staff members, and such staff members: (i) may send messages to you on behalf of the Representative, and (ii) may have access to your text message history with the Representative. Any users other than the Representative will identify themselves to you when using the Service. The Service may also be used to provide you with automated messages, including appointment reminders. ALL MESSAGES SENT TO, RECEIVED BY AND SENT BY THE TEXT NUMBER WILL BE MONITORED AND ARCHIVED BY CETERA. You may opt out of the Service and stop receiving text messages at any time by texting STOP to the Text Number. By using the Service, you represent and warrant that you:
Are 18 years of age or older;
Reside in a geographic area in which Cetera products and services are available (your eligibility for particular products and services is subject to final determination and approval by the applicable Cetera Affiliate); and
Will comply with all applicable laws, rules and regulations. Cetera does not charge for any content sent through this Service; however, message and data rates may apply from your mobile carrier. You may incur additional charges and fees from your mobile carrier if you exceed your text message plan. Cetera is committed to protecting the security and confidentiality of personal information. To learn more about the measures that we take to safeguard information that you might share with us and how we may use your information, please visit our Privacy Policy. As a customer of a Cetera Affiliate, you can also learn more about how and why we share your information and your options related to such sharing by reviewing that Affiliate’s Consumer Privacy Notice (available on the Affiliate’s website and from your financial professional). Please do not send any of the following types of information to the Text Number:
Trade requests or other transaction requests; or
Any unlawful, infringing or fraudulent content. The Service is provided through a third party vendor “Service Provider.” For analysis, reporting and industry insights, the Service Provider may use anonymized aggregated data, which includes data created from a set of proprietary algorithm, surveys, and features of software as a service (“SaaS”) that analyze user data to produce reports, performance metrics and other usage analytics of the SaaS. The Service Provider will also share message content with other third party vendors in order to deliver and receive messages sent through the Service. Phone numbers collected for SMS consent will not be shared with third parties or affiliates for marketing purposes. This document is available at https://myceterasmartworks.com/Public/Portal/Content.aspx?ContentId=30139686. If we make changes to these Terms of Use, we will revise the “Last Updated” date at the top of this page. Any changes to these Terms of Use will become effective when we make the revised Terms of Use available at the above link. Please routinely check for any updates. Your use of the Service following these changes means that you accept the revised Terms of Use. If you have questions regarding the Service or technical issues, please contact Customer Support at:
Email: [email protected]
Phone: 844.402.2428
If you have questions regarding these Terms of Use, you may write to us at:
Cetera Financial Group, Inc. Attn: Legal Department
2301 Rosecrans Ave., Suite 5100
El Segundo, CA 90245
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT FOR ANY WARRANTIES THAT CANNOT BE EXCLUDED, RESTRICTED, OR MODIFIED UNDER LAW APPLICABLE TO THESE TERMS OF USE, CETERA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE. CETERA DOES NOT GUARANTEE OR WARRANT THAT THE SERVICE WILL BE AVAILABLE, OR THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CETERA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR CONDITIONS OF TITLE, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT CETERA KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), AND NON-INFRINGEMENT, AND ANY SUCH WARRANTIES OR CONDITIONS ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER CETERA NOR ITS AFFILIATES WILL BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES TO YOU OR YOUR EQUIPMENT ARISING FROM YOUR USE OF THE SERVICE. IN NO EVENT WILL CETERA OR ITS AFFILIATES BE LIABLE FOR ANY INJURY, LOSS, DAMAGE OR CLAIM, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES, OR INCONVENIENCES OF ANY KIND, UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING FROM OR IN ANY WAY CONNECTED WITH (A) ANY USE OF THE SERVICE, EVEN IF CETERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) ANY FAILURE, DELAY, OR UNAVAILABILITY (INCLUDING BUT NOT LIMITED TO THE INABILITY TO USE THE SERVICE), EVEN IF CETERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE AGGREGATE LIABILITY OF CETERA AND ITS AFFILIATES TO YOU FOR ALL DAMAGES OF EVERY KIND AND TYPE, WHETHER ARISING IN CONTRACT OR TORT, SHALL NOT EXCEED ONE HUNDRED DOLLARS. NEITHER CETERA NOR ITS AFFILIATES WILL BE LIABLE FOR ANY LOSSES, CLAIMS, INJURIES, LIABILITIES OR DAMAGES RESULTING FROM A CAUSE OVER WHICH CETERA DOES NOT HAVE DIRECT CONTROL, INCLUDING BUT NOT LIMITED TO THE FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, INACCESSIBILITY OF ANY SERVICE PROVIDERS, UNAUTHORIZED ACCESS, THEFT, SEVERE WEATHER, WAR, ACTS OF TERRORISM, STRIKES OR OTHER LABOR PROBLEMS, GOVERNMENT RESTRICTION, PANDEMICS, ACTS OR OMISSIONS OF UNAFFILIATED THIRD PARTIES, ACTS OF GOD OR UNFORESEEN ILLEGAL ACTIONS OF ANOTHER (“FORCE MAJEURE” CONDITIONS). To the maximum extent permitted by applicable law, these Terms of Use are governed by the laws of the State as set forth in an applicable customer agreement between you and the applicable Cetera affiliate; if no such agreement is in effect, these Terms of Use are governed by the laws of the State of California, in each instance without regard to conflict of law principles. These Terms of Use do not modify, amend, or replace any other agreements that you may have with Cetera or its Affiliates, including without limitation investment advisory agreements, account agreements and electronic delivery agreements. In the event of any conflict between the provisions of these Terms of Use and any other agreements you may have with Cetera or any of its affiliates (collectively, the “Other Agreements”), then the provisions of the Other Agreements will govern, except with respect to the subject matter hereof.
