Terms of Use

Revised: January 29, 2025

Please read the following Terms of Service (“TOS”) carefully before using our website, www.perigonwealth.com (the “Website”). Your use of the Website automatically constitutes your agreement to be bound by all the Terms of Service listed below as well as by Perigon Wealth Management LLC’s (“Perigon”) Privacy Policy. That Privacy Policy is published on this Website.

Use of Website Content and Materials

The content and information printed on the Website, including, without limitation, page headers, text, software, photos, audio and video clips, graphics, illustrations, images, drawings, product and service listings, descriptions, pricing information, logos, music and sound and the materials available on the Website for download (collectively, the “Website Content”) are for informational, personal, and noncommercial purposes only. You should not use any of the Website Content as a basis for making investment decisions.

Restrictions on Use

Unless otherwise specified, Website Content cannot be copied, modified, reproduced, broadcasted, paraphrased, or distributed in any way without Perigon’s prior written approval. All such content and information is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights and licenses held by Perigon. All Website Content is to be used by you for private, noncommercial use only. You may not remove the name or logo of Perigon from any of the materials, unless written permission is granted by Perigon in advance. You will also not restrict any other user from using or enjoying the Website or take any action to harm or disrupt the operations of this Website or to intercept any system, data or personal information from the Website, or to circumvent the security systems of this Website.

Disclaimers

This Website is provided on an “As Is” and “As Available” basis. As such, your use of this Website is at your sole risk. Although Perigon tries to provide timely and accurate information on its Website, the Website Content may have inaccuracies or typographical errors for which Perigon is not liable.

Perigon does not and cannot guarantee uninterrupted, continuous, and secure access to its Website. We reserve the right to restrict or terminate your access to the Website or any feature or part thereof at any time and for any reason. We also reserve the right to temporarily suspend or permanently terminate any service, tool or feature contained in this Website at any time and for any reason.

Due to the fact that this Website is published on the World Wide Web, our Website may be accessed by parties from anywhere in the world. However, we limit our solicitation of investment advisory clients to those clients located in the specific jurisdictions where Perigon is registered and/or licensed to do business. As the list of such jurisdictions may change, if someone asks to work with us, as part of our screening process we will determine if any potential client is located in a jurisdiction where we are lawfully able to provide services before accepting that person as a client. If any material on this Website, or your use of the Website, is contrary to the laws of the place where you are when you access it, the Website is not intended for you, and we ask you not to use the Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with such laws.

The financial advice that you may otherwise receive from Perigon does not include formal tax or legal advice unless entered into under a separate contract. Consult with your own tax advisor or attorney regarding such issues.

We are not FDIC insured. Perigon cannot guarantee any specific future financial results or provide any warranty against financial loss.

No Investment Advice

Perigon does not provide any personalized investment advice on this Website. Materials and information published or available via this Website are for noncommercial, general informational purposes only. If you have need of assistance with your investments, you should seek and receive investment advice directly from a properly credentialed investment advisor.

Automatic Viewing or Usage of this Website

You may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this Website. You may not engage in denial-of-service attacks upon the servers that publish this Website. Furthermore, you may not use any hardware or software intended to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data or personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the Website in any way. Perigon reserves the right, in its sole discretion, to limit or terminate your access to or use of the Website at any time and for any reason without notice. Termination of your access or use will not waive or affect any other right or relief to which Perigon may be entitled at law or in equity.

Trademarks, Copyrights and Other Intellectual Property

Perigon’s trademarks, trade dress, logos, service marks, slogans, copyrights, and other identifiers and intellectual property are the sole property of Perigon. Trademarks and related intellectual property items are protected by U.S. and foreign trademark laws and statutes. Furthermore, the Website Content contains copyrighted and copyrightable material. As such, this Website is protected by copyright as a collective work, pursuant to U.S. copyright laws, international conventions, and other copyright laws. In addition to the other restrictions on use set forth elsewhere in these Terms of Service, you may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the Website Content, in whole or in part. Downloading or copying Website Content is expressly prohibited except as provided herein. You may not download or copy any of the product or services listings, descriptions, or prices except as otherwise permitted herein, nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrightable or copyrighted material from the Website or use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent. Permission is granted to download, print and store selected portions of the Website Content, provided you (1) only use these copies of the Website Content for your own personal, non-commercial use, solely for the limited purposes allowed hereunder and for no other purpose whatsoever, (2) do not copy or post the Website Content on any network computer or broadcast or otherwise publish the Website Content in print, electronic or any other media or format, (3) do not use the Website Content for presentations, correspondence or any other communications which are not directly related to your personal, non-commercial use, and (4) do not modify or alter the Website Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Perigon reserves complete title and full intellectual property rights in all Website Content. Any other use of materials on this Website, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of Perigon, is strictly prohibited.

You shall be solely responsible and liable for any and all damages resulting from any infringement of Perigon’s trademarks, Website Content or any other proprietary rights, and for any other harm resulting from any uploading, posting or submission of our Website Content to another website. Perigon reserves all available rights and remedies at law and in equity.

Warranty Disclaimers

By using this Website, you agree that any tool or service provided online via this Website is on an “as is” and “as available” basis. Perigon disclaims all warranties regarding the functionalities of the Website that are either implied or expressed, including but not limited to the warranties of accountability, merchantability, title, security, non-infringement, and fitness for a particular purpose. Some states may disallow such Warranty Disclaimers, so the Warranty Disclaimer may not apply to you.

Without limiting the foregoing, WITH RESPECT TO YOUR USE OF THIS WEBSITE, PERIGON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, AND ANY WARRANTIES THAT MATERIALS IN THIS WEBSITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE. IF YOU DOWNLOAD ANY MATERIALS FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PERIGON OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PERIGON SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE WEBSITE, PERIGON’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS WEBSITE, OR OTHERWISE ARISING OUT OF YOUR USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT PERIGON SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE

Perigon makes no guarantee regarding the accuracy and reliability of any opinion made through this Website by any party other than Perigon, as well as the accuracy and reliability of any content, products, tools, or services provided by linked sites.

No content provided on the Website will create an oral or written warranty, whether obtained from Perigon or a third party, which is not specifically stated in these Terms of Service.

Indemnification

You agree to indemnify, defend and hold harmless Perigon and its affiliates, officers, directors, employees, consultants, agents and licensors from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorneys’ fees) arising from your use of this Website, any failure to comply with the terms of service, your infringement or violation of any intellectual property or other right of a third party, your User Content, or from your violation of any applicable law.

Notification of Claimed Infringement

If an infringement has occurred, a copyright holder or other holder of intellectual property rights may send a written notification of claimed infringement to us at compliance@perigonwealth.com.

The notice must include the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the trademark or copyrighted work claimed to have been infringed, or, if multiple trademark or copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Information and documentation evidencing the claimant’s ownership of rights in the trademark or copyrighted work that are allegedly infringed.

(iv) 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 the service provider to locate the material.

(v) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(vi) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vii) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Individual Provisions

If any provision of the Terms of Service is found unenforceable, unlawful, or void, the remaining provisions will be unaffected and will continue to be deemed valid and enforceable.

International Use

When accessing the Website, you agree to comply with local rules, as well as the rules, laws, codes, and regulations of the country in which you reside and the country from which you access this website. You also agree to comply with the rules, laws, codes, and regulations about the transmission of information that is exported from the U.S. and any other relevant U.S and state laws, regulations, and restrictions. To the extent any portion of the Website would be a violation of a local jurisdiction’s laws, rules or regulations, the Website is not intended to be used in that jurisdiction and we ask you not to access the Website from such a location.

Termination Upon Violation of Terms

If you violate any of these Terms of Service, Perigon reserves the right to immediately terminate any rights granted to you and/or your access to the Website without notice or liability. Termination of your access or use will not waive or affect any other right or relief to which Perigon may be entitled to at law or in equity.

Changes to Terms of Service

Perigon may modify, suspend or discontinue all or any portion of its Website and the service offered therein at any time, with or without notice. Perigon reserves the right to modify these terms of service at any time. You agree to review the terms of use of this website periodically so that you are aware of any modifications. Your continued use of this website shall be deemed your acceptance of the relevant and, where appropriate, modified terms.

E-mail Communication

We may contact you by e-mail if you provide your e-mail address to us in any way. You agree that you will accept all electronic communications from us at your e-mail address and, similarly, will not make any claims against us if you do not receive any communications we send to your e-mail address. You agree to notify us promptly if your e-mail address changes. To see what personal information we collect when you sign up for any of our on-line services, and how we use, share, store and protect that information, see the Perigon Privacy Policy published on this Website.

Application of Law

These Terms of Service, including all Disclaimers, and your use of the Website, are governed by and construed in accordance with the internal laws of the State of Delaware, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section, all disputes, controversies, or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration, before J.A.M.S. or its successor (“JAMS”), pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the “Act”) and the terms and conditions of this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.’s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the “JAMS Rules”), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS’s panel of neutrals. If the parties fail to select an arbitrator within thirty (30) days following the date of either party’s notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator’s award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator’s fees will be shared equally by the parties, and each party will bear its own costs and attorneys’ fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend, or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. Any and all disputes against or otherwise involving Perigon regarding the content presented on the Website must be resolved through arbitration as set forth in this section.