Mobile Terms and Conditions and Privacy Policy

Hornor, Townsend & Kent, LLC (HTK) Texting Service is a texting service providing the ability for you to communicate with a HTK Registered Representative or Investment Advisor (Registered Representative). You can provide permission for the HTK Registered Representative to communicate via text by texting “Yes” to the representative.

By opting in, you agree to receive HTK text messages. We do not, but could, use an automatic telephone dialing system to deliver our text messages. Instead, we use a consent management platform that only responds to user’s requests for ongoing communication via text messaging. Consent is not required to purchase goods or services.

By opting in, you also agree to be bound by these Terms and Conditions and Privacy Policy and represent that you are 18 years of age or older. We reserve the right to change these Terms and Conditions and Privacy Policy at any time without notice to you. Your use of HTK text messaging after any change constitutes your acceptance of such changes. You may refer to the most current version of these Terms and Conditions and Privacy Policy at any time by visiting https://www.htk.com/privacy-policies.

You also understand that trade or order instructions are not permitted to be acted on through text messaging.

HTK nor its Registered Representatives charge mobile user fees to send or receive text messages. Message (MSG) and Data (collectively “MSG&Data”) rates may apply.

To Opt-out (discontinue service), text “Opt Out” to any HTK Registered Representative from your mobile device. You will not receive any additional messages.

For more info, contact your HTK Registered Representative.

HTK will not be liable for any delays in the receipt of any short message service (“SMS”) messages connected with the SMS Gateway. Delivery of SMS messages is subject to effective transmission from your wireless service provider/network operator.

THE HTK TEXT MESSAGING SERVICE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. HTK, ITS LICENSORS/PROVIDERS AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE HTK ALERTS SERVICE AND THE MESSAGES.

HTK, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE HTK ALERTS SERVICE AND THE MESSAGES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

HTK ASSUMES NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS IN CONNECTION WITH THE HTK ALERTS SERVICE OR THE MESSAGES. IN NO EVENT SHALL HTK BE LIABLE TO YOU FOR ANY CLAIM, INCLUDING ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATING TO YOUR USE OF THE HTK ALERTS SERVICE OR THE MESSAGES.

You agree to indemnify, defend and hold harmless HTK and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of claims by a third-party relating to your use of the HTK text messaging service, or any breach or violation of these Terms and Conditions and Privacy Policy.

The HTK text messaging service may include links to third-party websites of possible interest to you. Links provided in the HTK messages to third-party websites are provided solely for your convenience. You understand that should you visit a third-party website via a link, the content of that third-party website is not provided or endorsed by HTK, you may be subject to the terms of use and privacy policies of that third-party website and HTK has not reviewed or approved the terms of use or other policies governing such websites. HTK does not monitor, make any representation with respect to, or assume any liability for any third-party websites, including, without limitation, any products or services that are advertised or made available for purchase through such websites.

When you complete forms online or otherwise provide HTK information in connection with the HTK text messaging service or other HTK services, you agree to provide accurate, complete, and true information. If we, in our sole discretion, believe that any such information is untrue, inaccurate, or incomplete, we may refuse you access to the HTK text messaging service and pursue any appropriate legal remedies.

HTK (“HTK,” “we,” “us,” or “our”) respects your privacy. This privacy policy describes HTK’ practices regarding the information you transmit to us or we obtain about you through HTK’s Text Messaging service. This policy describes:

• What information we collect through HTK Text Messages
• How we use the information we collect
• With what third-parties we may share the information we collect
• How we protect the information that we collect

When you opt-in to HTK Text Messaging, we collect your mobile phone number.

We will only use information you provide to transmit text messages to you, to administer and improve the HTK text messaging program and related technology and to make available HTK products and services to you. Our computers may process the information in your messages for various purposes, including formatting and displaying the information to you, preventing unsolicited bulk messages (spam), backing up messages, and other purposes relating to offering you the HTK text messaging service.

We may share your information with our third-party vendors and suppliers that provide services on our behalf, including our vendors and suppliers that provide us with the technology and services for the operation and maintenance of HTK text messaging. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, to protect our rights or property, or to accurately report donations for an SMS Giving program. We may also transfer information we collect in the event of a merger, sale, reorganization, acquisition or other change of ownership or control by HTK or any of our affiliated companies, in whole or in part.

We use industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of the information we collect. However, we cannot guarantee, ensure or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered or destroyed by breach of any of our physical, technical or managerial safeguards.