This Website is offered and available to users who are eighteen (18) years of age or older, and legally capable of entering into a legally binding contract with the Company. The owner of the Website is based in the state of Florida in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you are responsible for compliance with local laws.
We may from time to time make available mobile applications (“Apps”) to provide user access using wireless and mobile devices. These Terms apply to your access to and use of Apps in the same manner and on the same terms as they apply to your access to and use of the Website.
Periodic Updates and Access
If you select or receive a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to, or use of, your user name or password or any other breach of security. You also agree to ensure that you log out from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
No Solicitation or Advice
None of the information contained in the publicly available portions of the Website constitutes a recommendation, solicitation or offer to buy or sell any investments or other assets or provide any investment advice or service. The information contained in the Website has been prepared without reference to any particular user’s investment requirements or financial situation. The information and services provided on the Website are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or where the Company is not authorized to provide such information or services. Some products and services described on the Website may not be available in all jurisdictions or to all clients.
The Website is provided for informational purposes only. The Website may include information related to investment approaches, investment performance and the purchase or sale of investment products, such as mutual funds. You are responsible for evaluating the risks and determining the appropriateness of any such investment product before making any decisions regarding such investment product. Neither the Company nor its providers will have any liability for any damages arising from any decision you make using the Website. Neither the Company nor its providers is recommending, endorsing or promoting the purchase or sale of any investment product by providing information via this Website related to investment approaches, investment performance and investment products,
No Fiduciary Status
This Website is intended to provide general information only and is not intended to constitute and should not be considered as legal, investment, accounting or other professional advice. If legal, investment, accounting or other professional advice or assistance is needed, the services of competent, independent legal counsel, accountant or other professional should be sought. You acknowledge and agree that, except as may otherwise be the subject of a separate agreement or as required by applicable law, by making the Website and its functionalities available to you, the Company is not acting as a “fiduciary,” within the meaning of the Employee Retirement Income Security Act of 1974, as amended.
Past performance is no guarantee of future results. The market for investments is subject to fluctuation, such that, upon sale an investor may lose a portion of their original investment. Prior to additional investments in funds, please obtain a copy of the prospectus. Read it carefully to make sure that the fund is appropriate for your specific investment objectives.
- Infringes Rights. You agree not to upload, post, email, transmit, submit, or otherwise make available through the Website any material or content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content. You further agree to not take any action that infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract, including removing any copyright, trademark or other proprietary rights notices contained in or on the Website.
- Information Disclosure. You agree not to share or disclose to anyone any information obtained through the Website about any investment offerings.
- Distribution without Consent. You agree not to distribute in any medium any part of the Website or any content available thereon without our prior written authorization. The only exceptions are where the Company makes available the means for such distribution through functionality offered by the Website.
- Website Alterations. You agree not to alter or modify any part of the Website.
- Submitting False, Defamatory or Harassing Information. You agree not to upload, post, email, transmit or submit or otherwise make available through the Website any inappropriate, defamatory, infringing, obscene, false, misleading, inaccurate, harassing, threatening or unlawful material or content or imply that such content is sponsored or endorsed by the Company, any of its affiliates or any third parties. You further agree not to take any action that would defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, such as rights of privacy and publicity.
- Unlawful Purposes. You agree not to use the Website for any illegal or unauthorized purpose, including, without limitation, in violation of any United States federal and state securities or blue sky laws or regulations, securities exchange or self-regulatory organization’s rules or regulations, consumer protection, unfair competition, and anti-discrimination laws or regulations or equivalent laws or regulations in foreign jurisdictions.
- Non-Public Areas. You agree not to access, tamper with, or use non-public areas of the Website or any other computer systems or networks connected to the Website.
- Breach of Security Measures. You agree not to breach any of our security or authentication measures.
- Unauthorized Access or Contact. You agree not to gain unauthorized access to the Website, any other of the Company’s websites or services, or the computer systems or networks connected to the Website through hacking, password mining or any other means. You further agree not to contact any party or user other than as allowed through the Website.
- Commercial Uses. You agree not to use the Website for any commercial uses or purposes, unless you obtain our prior written consent and approval. Such commercial uses include but are not limited to: (i) soliciting other users for investments of any kind; (ii) offering or selling any products or services of any kind; (iii) making investment recommendations to other users; and (iv) advertisements, sponsorships, or promotions placed on or within the Website.
- Disabling Security Features. You agree not to circumvent, disable or otherwise interfere with security-related features or any other computer systems or networks connected to the Website. You also agree not to circumvent, disable or otherwise interfere with features that prevent or restrict use or copying of any Website material.
- Impersonation. You agree not to impersonate any person or entity, including any employee or representative of the Company, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials.
- Other. You agree not to: (i) use the Website or take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure or that could damage, disable, overburden, or impair the Website, or interfere with any other party’s use and enjoyment of the Website; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; (iii) bypass any measures the Company may use to prevent or restrict access to the Website (or other accounts, computer systems, or networks connected to the Website); (iv) run Maillist, Listserv, or any form of auto-responder or “spam” on the Website; (v) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website or collect information about its users for any unauthorized purpose; or (vi) transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
Intellectual Property Rights
The Company name, the terms, the Company logo and all related names, logos, product and service names, designs and slogans, whether registered or unregistered, are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website, whether registered or unregistered, are the trademarks of their respective owners.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by any end user license agreement for such applications.
You must not:
- Modify copies of any materials from this Website.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
- Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you believe that any material on the Website infringes upon any copyright which you own or control, you may send a written notification of such infringement to us. To meet the notice requirements under the Digital Millennium Copyright Act (“DMCA”), the notification must be a written communication that includes 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 copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) 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; (iv) information reasonably sufficient to permit us 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; (v) 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; and (vi) 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.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the registrations of users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Website and/or terminate the registrations of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Reliance on Information Posted
Third Party Content
Linking to the Website and Social Media
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on this Website, or send e-mails or other communications with certain content, or links to certain content, on this Website. You may also be able to cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
Links on our Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
By using the Website, you consent to receive from the Company, or any of its affiliates, officers, directors, partners, agents, or employees, all communications, including notices, agreements, legally required disclosures, or other information in connection with the Website or investment offerings made available to you (collectively, “Notice Information”) electronically. The Company may provide the electronic Notice Information by posting it on the Website or sending the Notice Information to the email address you provided to us during the account registration process. If you desire to withdraw your consent to receive Notice Information electronically, you must discontinue your use of the Website. Electronic Communication Privacy Act Notice (18 USC §§ 2701-2711): The Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Website or any website linked to the Website. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade secret information, or any other content stored on our equipment, transmitted over networks accessed by the Website, or otherwise connected with your use of the Website.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.
Your use of the website, its content and any services or items obtained through the website is at your own risk. The website, its content and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.
The company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
Limitation on Liability
In no event will the company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
Governing Law and Jurisdiction
Limitation on Time to File Claims