Terms and Conditions of Use
Please read the following terms and conditions carefully before continuing. By using this site, you signify acceptance of our Terms and Conditions of Use and agree to electronic delivery of the documents accessible via this site. If you do not agree to these terms, do not use this site.
Terms and Conditions as of October 1, 2021
Modification and Monitoring of Website
CMS reserves the right, at its discretion, to change, modify, add to, or remove portions of these terms at any time. We suggest that you check these terms periodically for changes. The terms can be accessed from the link at the bottom of our website pages. If you use this website after we post changes to the terms, you accept the changed terms. CMS expressly reserves the right to monitor any and all use of this website.
Copyrights and Restrictions on Use of Materials
CMS owns and operates this site. All trademarks, service marks, and trade names displayed on this site and bearing the letters “CMS” are proprietary to CMS, except as explicitly otherwise noted on this site or noted below under “Ownership of Other Materials.”
Users of this site may not:
- Copy, reproduce, republish, upload, post, transmit, or distribute in any way material from CMS’s website or any website owned, operated, licensed, or controlled by CMS, except as specifically stated below under “Limited License” or as permitted by express written authorization from CMS (each such limited license or written authorization being referred to as an “Authorized Purpose”).
- Copy, modify, or display CMS’s name, logo, text, or graphic images in any way without CMS’s express written permission except as set forth in “Limited Licenses.” (To obtain express written permission, you can send us an e-mail by clicking on “CMS Family” at the top of our homepage and then selecting “Contact CMS.”)
- Redeliver any of the pages, text, images, or other content of CMS’s website using “framing” technology without CMS’s express written permission.
- Modify or use the pages, text, images, or other content from CMS’s website for any purpose other than an Authorized Purpose; doing so is a violation of CMS’s copyrights and other proprietary rights.
- Use devices (including software) that are designed to provide repeated automated access to cmsco.com™ other than those made generally available by CMS. CMS reserves the right to take all measures necessary to prevent such access, including denial or termination of service.
- Include “CMS,” any other CMS trademark, any CMS employees’ name, or any variation of any of the foregoing, as a metatag, hidden textual element, or any other indicator that may create an impression of affiliation, sponsorship, or endorsement between any user and/or site and CMS.
Limited License for Clients and Advisors
Individuals or entities that are the clients of CMS (“Client”) may solely for their own use and not for any use competitive with the business of CMS or which may harm CMS, access, bookmark or point to any page within CMS’s website or download or print information on CMS’s website that they are authorized to access or that is generally available to the public. A client may assign such limited license to an Advisor by a written assignment, which written assignment will be provided to CMS upon request.
Limited Linking License for Other Sites and Other Uses
Commercial and other websites may include a link to CMS’s website (cmsco.com™), so long as any such link satisfies all six (6) of the following requirements:
- Resolves to CMS’s homepage at www.cmsco.com.
- Indicates clearly that the link will lead to the website of “CMS Companies.”
- Does not falsely represent or suggest any relationship between the linking site and CMS (including suggestions of affiliation, endorsement, or sponsorship).
- Delivers CMS’s content outside of a framed environment.
- Maintains the integrity of CMS’s layout, content, and look and feel.
- Delivers users to the CMS website, unaltered, unmodified and unadulterated in any way by the linking site.
A site that complies with all six (6) of the above requirements may also offer a link to other content within CMS’s website, so long as any such link also meets requirements two through six (2-6) above.
If you download software from CMS’s website under these terms, the software—including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”)—is licensed to you by CMS for your personal use.
- CMS does not transfer title to the Software to you.
- You own the medium on which the Software is recorded, but CMS retains full and complete title to the Software, and all intellectual property rights therein.
- You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to any other form whatsoever.
Ownership of Other Materials
Some digital imagery © 2000 PhotoDisc, Inc.
LZW technology licensed under U.S. Patent No. 4,558,302 and foreign counterparts.
To further protect your privacy, our website uses certain Internet security protocols, including data encryption, Secure Sockets Layer (SSL) protocol, user names and passwords, and other tools. We also restrict access to your personal and financial data to those authorized CMS associates who have a need for these records. As an added measure, we do not include personal or account information in nonsecure e-mails that we send you via the Internet. However, no Internet security system is foolproof, and there is the possibility of unpermitted invasion.
CMS does not recommend that you provide your user name or password for any reason to anyone, including financial aggregation sites. If you choose to provide this information to a third party, you do so at your own risk. CMS will not be responsible for any misuse of the information or resulting loss to you.
CMS is in no way responsible for the content of any site owned by a third party that may be linked to CMS’s website via hyperlink, whether such hyperlink is provided by CMS or by a third party. CMS is not responsible for the accuracy or completeness of any content that appears on cmsco.com that may be provided by a third party.
No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which cmsco.com™ may link, including information on the site regarding cmsco.com, and CMS takes no responsibility therefor. By providing access to other websites, neither CMS nor its affiliates is recommending the purchase or sale of the securities issued by any company, nor is it endorsing services provided by any website’s sponsoring organization.
- There are no implied or express warranties with respect to the materials on this site and such materials are provided “as is”.
- CMS and its affiliates disclaim, to the fullest extent of the law, any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this site, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. Use of this service is at your own risk.
- CMS and its affiliates intend that the information contained on this site be accurate and reliable; however, errors sometimes occur. CMS does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the servers that make it available are free from viruses or other harmful components.
- You (and not CMS) assume the entire cost of all necessary servicing, repair, or correction of your property or operations as a result of using this website.
- By using cmsco.com, you accept at your own risk that the Internet and online communications medium may not perform as intended despite the efforts of CMS, your Internet service provider, and you.
- Reference to a fund or security anywhere on this website is not a recommendation to buy, sell, or hold that or any other security.
- If you live in a state that does not allow disclaimers of implied warranties, our disclaimer may not apply to you.
Limitation of Liability
CMS and its affiliates are not liable under any circumstances—including but not limited to negligence—for any special or consequential damages that may result from the use of, or the inability to use, the materials on this site, even if CMS or a CMS-authorized representative has been advised of the possibility of such damages.
CMS and its affiliates are not liable for damages or injury, including but not limited to damages or injury caused by any performance, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether resulting, in whole or in part, from breach of contract, tortious behavior, negligence, or otherwise. If you live in a state that does not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you.
In no event shall CMS’s total liability to you for damages, losses, and causes of action—whether in contract, tort (including, but not limited to, negligence), or otherwise—exceed the amount paid by you, if any, for accessing CMS’s site.
Jurisdictional Issues and Applicable Law
Unless otherwise specified, CMS controls and operates this site from our offices within the Commonwealth of Pennsylvania , United States of America .
CMS does not claim that materials in this site are appropriate or available for use in locations other than Pennsylvania . If you choose to access this site from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.
Software from this site is further subject to United States export controls. Software from this site may not be downloaded or otherwise exported or re-exported outside the United States . By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory outside of the United States .
The laws of the Commonwealth of Pennsylvania govern these terms. If you take legal action relating to these terms, you agree to file such action only in the Court of Common Pleas of Montgomery County, Pennsylvania, or the United States District Court for the Eastern District of Pennsylvania, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.
Either party may terminate this agreement at any time by destroying:
All materials obtained from any CMS site.
All related documentation, copies, and installations, whether or not made under these terms.
CMS may terminate your rights under this agreement immediately without notice if, in CMS’s sole discretion, you fail to comply with any term or provision of this agreement. Provisions of this agreement that relate to use of information on its website shall survive termination of this agreement. Upon termination, you must destroy all materials obtained from this or any CMS site and all copies of those materials, whether or not they were made under these terms except to the extent those materials contain information personal to you.
Integration and Severability
If any provision of these terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of the remaining provisions.
The preceding terms and conditions of use represent the entire agreement between CMS and the user relating to the subject matter herein.