Terms & Conditions
The IMA Financial Group, Inc.
Our Sites may not be available at all times or in all areas. We reserve the right at any time in our sole discretion, without notice or liability to you, to deny access to you, to modify or discontinue one or more of our Sites.
1. Our Proprietary Rights.
2. Code of Conduct.
While using our Sites and Content, you agree to comply with all applicable laws, rules and regulations. In addition, we expect users of our Sites to respect the rights and dignity of others. You agree not to:
- Restrict or inhibit any other visitor from using our Sites, including, without limitation, by means of “hacking” or defacing any portion of our Sites;
Transmit or otherwise make available in connection with our Sites:
- any content or information that is fraudulent, threatening, intimidating, abusive, libelous, defamatory, obscene, indecent, pornographic or otherwise objectionable or would give rise to criminal or civil liability;
- any material, non-public information about companies without the authorization to do so;
- any content or information that encourages conduct that constitutes a criminal offense or that encourages or provides instructional information about illegal or potentially illegal activities;
- any content or information that is or may be protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express consent of the owner of such right; or
- any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication;
- Transmit any software or other materials that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment or any other actually or potentially harmful, disruptive or invasive code or component;
- Interfere with or disrupt the operation of our Sites or the servers or networks that host our Sites or disobey any requirements, procedures, policies or regulations of such servers or networks;
- “Frame” or “mirror” any part of our Sites without our prior written consent;
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way determine, archive, reproduce or circumvent the navigational structure or presentation of our Sites or their Content;
- Create a database by systematically downloading and storing all or any of the Content from our Sites; or
- Interfere with or violate any other visitor’s or user’s right to privacy or other rights or harvest or collect information about Sites’ visitors or users without their express consent.
3. Our Information.
Although we strive to provide Content that is both useful and accurate, laws, regulations, data and other information change frequently and are subject to varying interpretations. In addition, the facts and circumstances of every situation differ. Accordingly, although we endeavor to use reasonable care in assembling the Content on our Sites, the Content may not be up-to-date, accurate or complete. The Content we provide is for educational and informational purposes only.
Please contact us via our contact information provided on the bottom of each page of the Sites to determine whether you have the most recent version of the Content made generally available by us. We note that even the most recent version available from us may not be up-to-date, accurate or complete. Portions of the Content may have been contributed to our Sites by various industry specialists and service providers. The inclusion of such information does not indicate any approval or endorsement of such specialists or providers, and we expressly disclaim any liability with respect to the foregoing.
4. Your Information.
6. Dealings with Third Party Providers.
Your correspondence or business dealings with, or participation in promotions sponsored by, any third party providers of goods or services found on or through our Sites, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party provider. You agree that we are not responsible or liable for any loss or damage of any sort incurred in connection with any such dealings or as the result of the presence of such third parties’ materials on our Sites, including but not limited to links to YouTube, Twitter, Facebook and LinkedIn.
7. Jurisdictional Issues.
We make no representation that the Content available on or through our Sites is appropriate or available for use in locations outside of the United States. If you choose to access our Sites from locations outside of the United States, you do so on your own initiative and at your own risk, and are responsible for compliance with applicable laws. We reserve the right to limit the availability of our Sites and the provision of any service, program or other product described on our Sites to any person, geographic area or jurisdiction, at any time and in our sole discretion. You agree not to transport, import, export, or re-export all or any part of the Content to (or to a national or resident of): (a) Cuba, Iraq, Libya, Liberia, North Korea, Iran, Syria, Serbia, Sudan or any other country to which the U.S. has embargoed goods or (b) any person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You also represent, warrant and covenant to us that you are not located in or under the control of any such country or on any such list.
We may terminate your use of our Sites or any part of them and your account with us at any time and for any reason without any notice to you. Neither we nor any of our affiliates will be liable to you or any third party for any termination of your access to any part of our Sites or your account.
9. Disclaimers and Limitation of Liability.
EXCEPT AS OTHERWISE SET FORTH ON OUR SITES OR THE CONTENT, OUR SITES, THE CONTENT ON OUR SITES, THE CONTENT WE POST ON OUR FACEBOOK PAGES, THROUGH YOUTUBE, TO OUR TWITTER FEED, ON OUR LINKEDIN PAGES, AND ON OR THROUGH ANY OTHER FORMS OF SOCIAL MEDIA AND ANY PRODUCT OR SERVICE OBTAINED THROUGH OUR SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR AFFILIATES, LICENSORS, SUPPLIERS, EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NEITHER WE NOR ANY OF OUR AFFILIATES, LICENSORS SUPPLIERS, OR AGENTS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO OUR SITES OR CONTENT CONTAINED ON OUR SITES, ANY LINKED SITE OR ANY CONTENT, PRODUCTS OR SERVICES OBTAINED THROUGH OUR SITES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. WE AND OUR AFFILIATES, LICENSORS, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF OUR SITES OR CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED OR THAT OUR SITES, THE SERVER(S) ON WHICH OUR SITES ARE HOSTED OR OUR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE OUR SITES, AND ALL CHARGES RELATED THERETO. NO OPINION, ADVICE OR STATEMENT OF US OR OUR AFFILIATES, LICENSORS, SUPPLIERS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR VISITORS, WHETHER MADE ON OUR SITES OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SITES, CONTENT OR ANY LINKED SITE IS TO STOP USING OUR SITES, CONTENT OR LINKED SITES, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO US FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS OUR SITES. YOUR USE OF OUR SITES AND ANY CONTENT PROVIDED THROUGH OUR SITES IS ENTIRELY AT YOUR OWN RISK.
11. Copyright Violations
If you believe any Content on the Sites (e.g., content, images, text, etc.) infringe your copyright, you may request removal of that Content from our Sites by contacting our designated copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work and where possible include a copy or the location (e.g., URL) of an authorized version.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the use of the materials you notify us about is not authorized by the copyright owner, its agent or the law.
- A statement that the information that you have supplied is accurate and that "under penalty of perjury" you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
It is our policy to promptly remove infringing material if we are given proper notice of the infringement or infringing conduct by the copyright owner.
Our agent for copyright issues relating to the Sites is:
The IMA Financial Group, Inc.
Heritage Bank Building
3024 SW Wanamaker Road, Suite 203
Topeka, Kansas 66614
Or call: 785-231-2632
12. Notice for California Users.
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.
Effective November 7, 2011