Legal Notices and Terms of Use
GenTrust, LLC. (“GenTrust”, “we”, “us” or “our”) is a registered investment adviser (“RIA”) under the Investment Advisers Act of 1940, as amended (the “Advisers Act”). Such registration does not imply that the Securities and Exchange Commission (“SEC”) has endorsed or approved the qualifications of GenTrust and its respective representatives to provide the advisory and investment management services described herein. The information contained herein does not constitute a complete description of our investment advisory services and is for informational purposes only. No information herein should be construed as investment or financial advice. This document is limited to the dissemination of general information pertaining to our advisory services. The process or steps identified herein serve as a guide in forming an investment strategy only with the assistance of a qualified professional. GenTrust obtains information from a wide variety of publicly available sources. GenTrust does not have, nor does it claim to have, sources of inside or private information. The recommendations developed by GenTrust in connection with its services are based upon the professional judgment of GenTrust and GenTrust cannot and does not guarantee the results of any recommendations. The information contained herein is not, and should not be construed as, an offer to sell or the solicitation of an offer to buy any securities.
Acceptance of Terms of Use. These Terms of Use (“Agreement”) state the terms and conditions under which you may use the web site ( www.gentrustwm.com) and all Content (as defined below) and services available therein (the “Site”). Please read this Agreement carefully. By entering the Site you acknowledge your agreement with and understanding of the legal notices and terms of use contained herein and pertaining to the Site, including and not limited to all material referenced throughout each respective page. These legal notices may be updated by us at any time. Your continued use of the Site after any such modifications shall constitute your acceptance of these legal notices and terms of use. If you do not agree to these legal notices and to abide by these terms of use for any reason, please do not use this Site. The Site contains various information in the form of data, text, graphics, news, reports and other materials relating to GenTrust as well as third party content, (collectively, the “Content”). By accessing, browsing and/or using the Site you acknowledge that you have read, understood and agree to be legally bound by this Agreement. We reserve the right to amend this Agreement at any time and from time to time. If you use the Site after the amended Agreement has been posted, you will be deemed to have agreed to the amended Agreement.
Use Restrictions. You are expressly prohibited from (i) using any robot, spider, other automatic device, or manual process to monitor, “mine”, “harvest” or copy the web pages on the Site, (ii) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site, and (iii) taking any action that imposes an unreasonable or disproportionately large load on our infrastructure. Additionally, our prior permission is required for (i) any commercial use of materials on this Site; (ii) making more than minimal copies of Site materials; and (iii) copying large portions of the Site. If you seek permission for such use of our site, please contact our Chief Compliance Officer at GenTrust. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
You warrant that when using this site you shall not violate or facilitate any violation of any applicable local, state, federal or international law, statute, regulation, code or ordinance, including, without limitation, regulations promulgated by or the rules of any national or other securities exchange. The permission to use the Site, granted by this Agreement, automatically terminates if you breach any of the terms and conditions contained herein.
Intellectual Property Rights in the Site. You acknowledge that the Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of GenTrust, GenTrust’s affiliates or licensors. You shall comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.
GenTrust and all other trademarks, logos and services marks displayed on the Site are trademarks belonging to us, our affiliated entities, or our licensors (collectively the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site, without our prior written permission in each instance. All goodwill generated from the use of the Trademarks will inure to the benefit of us, our affiliated entities, or our licensors, as the case may be.
Linking and Framing. We prohibit the use of any links to the Site from any other web sites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of the Site with any other web site. The Site may periodically provide links to third party web sites. These Terms of Use govern only the Site and not any such third party web sites. Our decision to link to a third party web site is not an endorsement of the content or services in that linked third party web site. If you decide to access linked third party web sites, you do so at your own risk. You should direct any concerns regarding any third party web sites to the administrator of the applicable third party web site.
Advertisements. We may, in our sole discretion, post the advertisements of third parties on the Site. The display of advertisements on the Site is not intended as, and does not in any manner constitute, a recommendation, endorsement, or approval of the advertiser or its services by us. Your correspondence or any other dealings with advertisers found on the Site are solely between you and such advertiser, and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings.
Social Media. GenTrust may repost, share or “like” links to materials posted on the internet or by other social media users. This should not be construed as an endorsement. GenTrust does not control or endorse, and is not responsible for, the contents, operation or security of other social media sites. Users should be aware of the risks in clicking on such links, which may result in harm to your computer. GenTrust reserves the right to remove or modify any posted materials at any time for any reason and without prior notice. We do not endorse clicking on links posted by other social media users as these links may pose risks to your computer or take you to inappropriate sites.
GenTrust’s Twitter, LinkedIn, and Facebook pages are for informational purposes only and do not constitute a solicitation to buy or an offer to sell a security, or any products or services. Nothing on GenTrust’s Twitter, LinkedIn, or Facebook pages shall be deemed to provide access to a particular investment opportunity, or the rendering of personalized investment advice over social media. The information presented in our social media pages should not be relied upon to make an investment decision.
Our social media pages may provide access to additional investment-related information, publications and links. GenTrust does not make any representations or warranties as to the accuracy, timeliness, completeness or relevance of any information posted, or prepared by any third party, whether linked to GenTrust ’s Twitter, LinkedIn, or Facebook pages or incorporated herein, and takes no responsibility therefor. The content of GenTrust’s Twitter, LinkedIn or Facebook pages are provided without warranty of any kind, whether express or implied.
Our social media postings are monitored by us. There should be no expectation of privacy in such communications. GenTrust reserves the right to remove or modify any posted materials at any time for any reason and without prior notice. Nothing on GenTrust ’s Twitter, LinkedIn, or Facebook page shall be considered a solicitation to buy or an offer to sell a security, or any product or service, to any person in any state or jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such state or jurisdiction.
When visiting our social media pages, you agree to be subject to the Terms and Conditions of GenTrust's privacy policy and Terms of Use. You are prohibited from using our social media pages to distribute unauthorized copies of copyrighted material. By posting comments and/or any other content on our social media pages, including photos, videos, recordings, designs, or ideas, you grant GenTrust nonexclusive rights to republish, redistribute or otherwise use such content.
Because our social media posts are public and anyone can engage with us, we cannot be responsible for views expressed other than our own. We request that all users communicate with respect and courtesy towards others and may unfollow or remove content from any user who we believe violates our community policies.
If you are a GenTrust client, we request that you contact us for any questions regarding your account, any investments, products or services. Please do not use social media to communicate or transmit any information or orders regarding your account. You should not disclose any financial or personal information on any social media site. Communications made over social media are subject to review and to our retention requirements. There should be no expectation of privacy in such communications. By following our company on social media, you consent to receive communications from us that we believe you will find useful. If you do not wish to receive communications from our Company, please unfollow us and request to be removed from our distribution lists.
Please do not use social media to report phishing or hacking attempts, or suspicious activity. We request that you contact our office at 305-677-6688 with any concerns or questions regarding our social media policies.
Unsolicited Information. By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to us through the Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information to us through the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliated entities, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliated entities are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information to the Site, you are granting us and our affiliated entities a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
No Responsibility for Connectivity. You are responsible for the means you use to access the Site and all costs associated therewith. We are not responsible for the performance of your hardware, software, the Internet, your Internet service provider and other third parties involved in connecting you to the Site.
Disclaimer of Warranty. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS ASSUMED SOLELY BY YOU. WE DO NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
No Offers or Reliance; No Investment or Financial Advice. As a registered investment adviser under the Advisers Act, GenTrust may only transact business in those states in which it is registered, or qualifies for an exemption or exclusion from registration requirements. Consequently, this Site contains information about investment products and services that are not intended for or available to certain investors in certain jurisdictions. For information pertaining to the registration status of GenTrust, please contact the SEC or the state securities regulators for those states in which GenTrust maintains a notice filing. A copy of GenTrust’s current written disclosure statement discussing GenTrust’s business operations, services, and fees is available from GenTrust upon written request.
Users of the Site should note that no information on the Site should be construed as investment or financial advice. The Site is limited to the dissemination of general information pertaining to GenTrust’s advisory services, together with access to additional investment-related information, publications, and links. Accordingly, the publication of the Site on the Internet should not be construed by any consumer and/or prospective client as GenTrust’s solicitation to effect, or attempt to effect, transactions in securities, or the rendering of personalized investment advice for compensation, over the Internet. Any subsequent, direct communication by GenTrust with a prospective client shall be conducted by a representative that is either registered or qualifies for an exemption or exclusion from registration in the state where the prospective client resides.
We are not utilizing the Site to provide investment or other advice, and no information or material available through the Site is to be relied upon for the purpose of making or communicating investment or other decisions. GenTrust is neither an attorney nor an accountant, and no portion of the Site content should be interpreted as legal, accounting or tax advice. To the extent that past performance is available through the Site, past performance is not indicative of future results, and no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
No material available through the Site shall be used or considered as an offer to sell or a solicitation of any offer to buy the securities or services by any of our affiliated entities. Offers can only be made where lawful under, and in compliance with, applicable law.
Please remember that different types of investments involve varying degrees of risk, and there can be no assurance that the future performance of any specific investment or investment strategy (including those undertaken or recommended by GenTrust), will be profitable or equal any historical performance level(s).Investments discussed on the Site, if any, may not be suitable for all investors. Investors should make their own investment decisions based upon their own financial objectives and financial resources, and should obtain independent investment and tax advice before deciding to invest.
Forward-Looking Statements. The Site contains certain “forward-looking statements,” which may be identified by the use of such words as “believe,” “expect,” “anticipate,” “should,” “planned,” “estimated,” “potential” and other similar terms. Examples of forward-looking statements include, but are not limited to, estimates with respect to financial condition, results of operations, and the success or lack of success of GenTrust’s investment process or strategy. All are subject to various factors, including, but not limited to general and local economic conditions, changing levels of competition within certain industries and markets, changes in interest rates, changes in legislation or regulation, and other economic, competitive, governmental, regulatory and technological factors affecting GenTrust’s operations that could cause actual results to differ materially from projected results.
Positions and Recommendations. Certain portions of the Site (i.e. newsletters, articles, commentaries, etc.) may contain a discussion of, and/or provide access to, GenTrust’s (and those of other investment and non-investment professionals) positions and/or recommendations as of a specific prior date. Due to various factors, including changing market conditions, such discussion may no longer be reflective of current position(s) and/or recommendation(s). Moreover, no client or prospective client should assume that any such discussion serves as the receipt of, or a substitute for, personalized advice from GenTrust, or from any other investment professional.
Rankings and Rating Services. Rankings and/or recognition by unaffiliated rating services and/or publications should not be construed by a client or prospective client as a guarantee that he/she will experience a certain level of results if GenTrust is engaged, or continues to be engaged, to provide investment advisory services, nor should it be construed as a current or past endorsement of GenTrust by any of its clients. Rankings published by magazines, and others, generally base their selections exclusively on information prepared and/or submitted by the recognized adviser. Moreover, with regard to all performance information contained on the Site, directly or indirectly, if any, users should note that past results are not indicative of future results.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL WE, OR ANY OF OUR AFFILIATED ENTITIES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “GenTrust PARTIES”), BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE AND THE INFORMATION OBTAINED THROUGH THE SITE. IN NO EVENT SHALL ANY OF THE GenTrust PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS OF USE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
Indemnification. You shall indemnify and hold harmless the GenTrust Parties for any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site, or any violation of this Agreement.
Privacy. Our policies with respect to the collection and use of information collected through the Site can be found in our Privacy Policy, which is hereby incorporated by reference in its entirety.
Termination. We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms of Use and your access to all or any part of the Site, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.
Electronic Communications and Contracting. By assenting to these Terms of Use, you agree that a printed version of these Terms of Use and all other agreements entered into by you on the Site in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Miscellaneous. The sections of these Terms of Use entitled Disclaimers and Limitation of Liability, Indemnification and Miscellaneous shall survive the termination of these Terms of Use. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, United States, except with regard to its conflicts or choice of law rules. These Terms of Use contain the entire agreement between GenTrust and you concerning the Site and supersedes all existing agreements and all other oral, written or other communication between GenTrust and you concerning the Site. You shall comply with all laws, rules and regulations that are now or hereinafter promulgated by any government authority or agency that govern or apply to the operation and use of the Site. Without limiting the generality of the foregoing, you shall comply with such restrictions and not export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by us.