Effective Date: December 31, 2024
This Website www.jw-cole.com is owned and operated by J.W. Cole Financial, Inc., J.W. Cole Advisors, Inc., and our affiliates (“J.W. Cole,” “we,” “our,” and “us”). These Terms of Use apply to any Website or application (as well as any features, widgets, plug-ins, content, downloads or other services) that posts a link to this page (collective, the “Site”).
By visiting our Site you agree to be bound by the following terms and conditions (“Terms of Use” or “Terms”), including the Dispute Resolution procedures set forth herein, our Privacy Policy and any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Site, including without limitation users who are browsers, account holders, investors, vendors, customers, merchants, and/or contributors of content, as applicable.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. THEY APPLY TO ALL USERS OF THE SITE, REGARDLESS OF WHETHER THEY CREATE AN ACCOUNT OR MAKE A PURCHASE ON THE SITE.
By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms, our Privacy Policy, or any other legal notices, conditions or guidelines located within the Site, please exit our Site. If you have any questions regarding our policies or your use of our Site, please contact us at our contact information included below.
Any new features or tools which are added to the Site shall also be subject to these Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our Site and/or by notifying you via e-mail or other method of notification. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes your acceptance of those changes.
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or jurisdiction of residence, or that you are the age of majority in your state, province or jurisdiction of residence and have given us your consent to allow any of your minor dependents to use this Site. If you are under the age of majority in your jurisdiction, please exit now and do not use this Site.
You may not use our Site or products for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your access to the Site.
Unless otherwise noted, all photographs, pictures, graphics, product descriptions, and all other images, including digital, printed and video images, and portions thereof, and all content, data, information, news, and all other text and materials, including digital, printed and audio materials, along with the layout and design of the Site and all documentation, data, services, features, products and other content at the Site (collectively, “Site Content”) are protected by the copyright laws of the United States and other jurisdictions. All Site Content is owned by, or licensed to, J.W. Cole. Site Content may not be reproduced, modified, redistributed or otherwise used in any way without a written license with the applicable Site Content owner.
Subject to and conditioned on your continued compliance with these Terms and all other terms and conditions that we may provide to you from time to time, J.W. Cole grants you a personal, limited, non-exclusive, non-assignable, non-transferable, non-sublicensable, revocable license to access and display on your personal computer or mobile device for your own use, but you shall not copy or transfer or broadcast or otherwise use Site Content in any way. The Site Content found at this Site for your personal, non-commercial and educational use only. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.
All rights not expressly granted by J.W. Cole herein are reserved. Nothing on the Site or in these Terms of Use grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any Site Content or other materials of any third party or may be construed to mean that J.W. Cole has the authority to grant any license on behalf of any third party.
J.W. Cole trademarks, including its name, logo, all page headers, graphics, images, symbols, trade names and other marks found at the Site are the proprietary property of J.W. Cole or its affiliates (collectively the “Marks”). Use of the Marks is strictly prohibited without the prior written consent of us.
The trademarks of third parties may also appear on the Site from time to time; you may not use these trademarks without prior written permission of their respective owners. You acknowledge and agree that nothing on the Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of these trademarks, nor may anything be construed to mean that we have authority to grant any right or license on behalf of any third-party trademark owner.
Any unauthorized use of our Site or Site Content for any purpose is prohibited. Your rights to this Site are given on the condition that you use the Site in accordance with these Terms. You may not use the Site for any unlawful purpose and you may not:
We have no obligation to monitor your interaction with the Site but reserve the right to review or monitor the Site in our sole discretion.
Some of the features on the Site may require or permit you to have an account. You will provide true, accurate, current and complete information about yourself for the creation of any account and will update us if your account information changes. You will immediately notify us of any unauthorized use of your account, password or username, or any other breach of security; and you will not sell, transfer, or assign your account or any account rights. You are solely responsible for all activities that occur under your account, password and username whether or not you authorize the activity. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your device(s) so that others may not access any password-protected portion of our Site using your name, username, or password.
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations in this section. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated or incomplete, or violates these Terms, or any applicable law, we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account, or suspend or otherwise deny you access to it, or its benefits all in our sole discretion, for any reason, and without advance notice or liability.
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site and any information therein.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Use unless stated otherwise.
Certain content, products and services available via our Site may include materials from third parties. Third-party links on the Site may direct you to third-party Websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such sites and we do not warrant and will not have any liability or responsibility for any third-party materials or Websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Websites. Please review carefully 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 third-party.
Your submission of personal information through the Site is governed by our Privacy Policy.
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to our products and services. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Site or on any related Website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or on any related Website, except as required by law. No specified update or refresh date applied to the Site or on any related Website, should be taken to indicate that all information on the Site or on any related Website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Site or Site Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related Website, other Websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related Website, other Websites, or the Internet. We reserve the right to terminate your use of the Site or any related Website for violating any of the prohibited uses.
We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable. You agree that from time to time we may remove the Site for indefinite periods of time or cancel any of the services offered through the Site at any time, without notice to you, to the extent permitted by law. You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all products and services delivered to you through the Site are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall J.W. Cole, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Site or any products or services procured using the Site, or for any other claim related in any way to your use of the Site or any product or service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility.
You agree to indemnify, defend and hold harmless J.W. Cole and our parent, subsidiaries, affiliates, partners, and their respective officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of the Site, breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Site, or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate these Terms of Use at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this Site or in respect to the Site constitute the entire agreement and understanding between you and us and governs your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
These Terms of Use will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. Subject to the dispute resolution and arbitration provisions set forth below, you hereby consent and submit to the personal jurisdiction of the state and federal courts located in Hillsborough County, Florida.
In order to expedite and control the cost of disputes, you and J.W. Cole agree that any legal or equitable claim relating to the use of the Site or the use of any products or services from or on the Site (referred to as a “Claim”) will be resolved as follows:
You and J.W.Cole will first attempt to resolve any Claim informally for a period of thirty (30) days after J.W. Cole’s receipt of written notice from you regarding any potential dispute. In the event that any dispute between J.W.Cole and you arises out of or relates to: (i) these Terms; (ii) the Site; (iii) your account through the Site; or (iv) products or services from or on the Site, you and we agree to try to promptly resolve any such dispute informally within such 30-day period. You must send the written notice describing the dispute to privacy@jw-cole.com.
READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION.
You agree that any dispute, controversy or Claim arising out of or relating to these Terms, Your use of the Site, or the purchase of any products or services using the from the Site, or the determination of the scope or applicability of arbitration shall be governed as set forth below.
If you and J.W.Cole cannot resolve a Claim informally, any Claim asserted by either party will be resolved only by binding arbitration (“Arbitration”) This means you agree to resolve any Claim through arbitration in accordance with the Rules of FINRA Dispute Resolution rather than in a court of law, including whether a contract’s arbitration provision is enforceable and/or whether any Claim is subject to this arbitration section. These arbitration terms applie to all disputes, whether or not the matter can be resolved through FINRA Dispute Resolution. If a matter cannot be submitted to FINRA Dispute Resolution for arbitration, the parties here mutually agree that matters will be resolved through an alternative arbitration forum.
Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties agree that venue and personal jurisdiction for such an action upon the arbitration award is proper in the State of Florida. Unless otherwise agreed to by all of the parties to the arbitration (including without limitation J.W. Cole and you), FINRA Dispute Resolution shall be the sole venue for resolving Cclaims arising out of these Terms, the Site, your account through the Site or any products or services from or on the Site, and all of the parties to the arbitration (including without limitation J.W. Cole and you), irrevocably waive trial by jury or by judge in any action, proceeding or counterclaim, whether at law or in equity.
Federal and state statutes of limitation, repose, and/or other rules, laws, or regulations impose time limits for bringing claims in federal and state court actions and proceedings. The parties agree that the time limits applicable to the arbitration will be the time limits that would be applied by the courts in the state in which the arbitration hearing will be held. However, if you do not reside in the United States, the statutes of limitation, repose, and/or other rules, laws or regulations imposing time limits applicable to the arbitration will be those that would be applied in the State of Florida. Any disputes related to these time limits will be determined by arbitrator(s).
You acknowledge that the parties under these Terms are giving up the right to sue each other in court, including any right to trial by jury. Arbitration of a Claim under this Section shall be only on an individual basis. There shall be no right or authority for any claims to be arbitrated or litigated on a class action basis or bases involving claims brought in a purported representative capacity on behalf of the general public, clients or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between the parties to the arbitration (including you and J.W. Cole alone, and the arbitrator’s authority to make awards is limited to the parties to the arbitration (including to you and J.W. Cole alone. Furthermore, Claims brought by you against J.W. Cole their respective officers, directors, employees, agents, independent contractors, service providers, subcontractors and suppliers, or by J. W. Cole against you, may not be joined or consolidated in arbitration or in a court action with claims brought by or against someone other than you, unless agreed to in writing by both you and J.W. Cole. The parties agree that this pre-dispute arbitration provision is governed by the Federal Arbitration Act.
You can review the most current version of the Terms of Use at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Site following the posting of any changes to these Terms constitutes acceptance of those changes.
If you are a consumer, the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of your jurisdiction of residence. If you are a New Jersey consumer, for example, certain terms do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms as applied to you are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, J.W. Cole reserves all rights, defenses and permissible limitations under the law of your state of residence.
J.W. Cole controls and operates the Site in the United States. If you use our Site from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Site may describe products and services that are available only in certain jurisdictions (or only parts of them). We reserve the right to limit the availability of our Site and/or the provision of any Site Content, program, product, service, or other feature described or available on our Site to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any Site Content, program, product, service, or other feature that we provide. Further information on your rights regarding personal information collected on the Site are set forth in our Privacy Policy.
We reserve the right to refuse or prohibit anyone from accessing or using the Site for any reason at any time. You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
Questions about the Terms of Use should be sent to us at privacy@jw-cole.com
J.W. Cole
4301 Anchor Plaza Parkway Suite 450 Tampa FL 33634
