A. USERS AND ACCOUNT HOLDERS
B. USE OF THE WEB SITE
Specifically, this site is intended only for accredited investors and qualified purchasers and by accepting attendance you attest that you are or represent an "accredited investor", as defined under Rule 501 of Regulation D of the Securities Act of 1933, and/or "qualified purchaser", as defined in Section 2 of the Investment Company Act of 1940.
Specifically, you agree not to do any of the following: (a) upload to or transmit on the Web Site any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (b) use the Web Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (c) intercept or attempt to intercept electronic mail not intended for you; (d) misrepresent an affiliation with any person or organization; (e) upload to or transmit on the Web Site any advertisements or solicitations of business; (f) restrict or inhibit use of the Web Site by other authorized Users; (g) upload or otherwise transmit files that contain a virus or corrupted data; (h) collect information about others (including e-mail addresses) without their consent; (i) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Web Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Web Site); (j) post "spam," transmit chain letters or engage in other similar activities; or (k) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Web Site, or which, as determined by the Company, may harm the Company or Users of the Web Site or expose them to liability.
Any content and/or opinions uploaded, expressed or submitted to a message board, blog, chatroom or any other publicly available section of the Web Site (including password-protected areas), and all responses to questions, other than the content provided by the Company, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of the Company. You understand and acknowledge that you are responsible for whatever content you submit, and you, not the Company, have full responsibility for such content, including its legality, reliability and appropriateness. Under no circumstances may you submit information that you know, or have reason to believe, is false or intentionally misleading. By uploading or otherwise transmitting material to any area of the Web Site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Web Site. You grant to the Company the perpetual, irrevocable, transferable, worldwide, royalty-free right and license to use all content you upload or otherwise transmit to the Web Site in any manner the Company chooses on the Web Site, on any other site or in any other media, including, but not limited, to copying, displaying, performing, sublicensing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
The Company reserves the right, but does not assume any responsibility, to (a) remove any material posted on the Web Site which the Company, in its sole discretion, deems inconsistent with the foregoing commitments, including any material the Company has been notified, or has reason to believe, constitutes a copyright infringement; and (b) terminate any User's access to all or part of the Web Site at any time and without notice. However, the Company can neither review all material before it is posted on the Web Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. The Company reserves the right to take any action it deems necessary to protect the personal safety of the Users and the public; however, the Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
Your failure to comply with the restrictions on use of the Web Site or any other terms herein may result in the termination of your use of and/or access to the Web Site and may expose you to civil and/or criminal liability.
C. ADDITIONAL TERMS APPLICABLE TO ALL ACCOUNT HOLDERS
Investor Account Holders
In order to qualify to be an "Investor Account Holder," you must submit all information required during the registration process for review by the Company and adhere to the Company’s qualifying standards, by providing references. The Company may add, modify or apply such qualifying standards at any time in its sole discretion.
During the application and registration process, you agree that all information submitted is true, current and your own. IT IS YOUR DUTY TO PROVIDE ACCURATE INFORMATION REGARDING YOUR FINANCIAL CREDENTIALS AND TO MAKE UPDATES TO YOUR ACCOUNT ACCORDINGLY. FAILURE TO DO SO MAY RESULT IN REVOCATION OF YOUR ACCOUNT PRIVILEGES.
Manager Account Holders
Manager Accounts are currently available to any Users of the Web Site. During the application and registration process, you are responsible for all information submitted by you. “In order to qualify to be a “ManagerAccount Holder” you must submit all information required during the registration process for review by the Company. During the application and registration process, you agree that all information submitted is true, current and your own.”
THE COMPANY IN ITS SOLE DISCRETION WILL DETERMINE WHO MAY QUALIFY FOR AN ACCOUNT AND RESERVES THE RIGHT TO REJECT OR REVOKE ANY ACCOUNT AT ANY TIME WITHOUT NOTICE AND IS NOT LIABLE FOR ANY LOSS AS A RESULT OF THE REJECTION OR REVOCATION.
You understand that all content posted by you to publicly available portions of the Web Site are nonconfidential for all purposes.
The Company reserves the right to make available services that permit other Users to contact Account Holders without disclosing your contact information (e.g., through an automated service that sends messages to the e-mail address associated with your account). If you elect to respond to any correspondence from Users received through such services, or if you otherwise make your contact information available to Users, you do so at your own discretion and the Company has no responsibility in connection therewith.
You are responsible for maintaining the confidentiality of your password and for any use of your password to gain access to your Account and your Account information. If you disclose your password to any other person, it is at your own risk. You do not own the Account you use to access the Web Site, and you do not own any data the Company stores on its servers with respect to the Account.
D. COPYRIGHT RESTRICTIONS/USE OF CONTENT
The entire contents of this Web Site (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to the Company or its affiliates or licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Web Site for personal use or legitimate business purposes related to your role as a User or Account Holder. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this site without the prior written consent of the Company, except to: (1) store copies of such materials temporarily in RAM, (2) store files that are automatically cached by your Web browser for display enhancement purposes, and (3) print a reasonable number of pages of the Web Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Web Site are transferred to you, but remain with the Company or the applicable owner of such content. Except as expressly authorized by the Company in writing, you may not reproduce, sell or exploit for any commercial purposes (i) any part of this Web Site, (ii) access to this Web Site or (iii) use of this Web Site or of any services or materials available through this Web Site. Account Holder also acknowledges and agrees that Account Holders will not be compensated in any manner for providing any Content and that such Content is provided freely at will.
The Company name, logo, trademark and service mark "TRUSTED INSIGHT" and all related names, logos, product and service names, designs and slogans are trademarks of the Company and/or its affiliates. You may not use such marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners.
F. COMMENTS AND SUGGESTIONS
The Company welcomes your comments and suggestions. The Company has the right, but not the obligation, to use your comments and suggestions in connection with its business. For avoidance of doubt, the Company shall own any developments by the Company or on its behalf arising out of your comments, suggestions or other submissions. To the extent the Company does not own such materials, you grant and agree to grant the Company a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, transferable right and license to utilize, create derivative works of, distribute and sublicense such materials for any purpose in connection with the Company's, its affiliates' and their partners' web sites, products and services. You have no expectation of any review, compensation or consideration of any type for all comments or suggestions hereunder.
G. SOLICITATION; SECURITIES DISCLAIMERS
The fund ratings and comments shown on this website are a compilation of responses from users of the site. The publisher of the site makes no representation as to the accuracy of any information shown. The publisher makes no recommendations, positive or negative, relating to any fund shown on the site. Users of the site should understand that the ratings are provided by third parties who may have an incentive to overrate or underrate any particular fund, and users should take that fact into consideration before relying on any ratings or comments found on the site.
The Company is not a Broker/Dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or suitability of any investment manager. Nothing in the Web Site constitutes an offer or solicitation to buy or sell any securities. The Content on this Web Site has been prepared for informational purposes only and do not constitute legal, financial, accounting, investment, tax or other professional advice, and you should consult with a financial advisor and legal and tax professionals to assist in conducting due diligence as may be appropriate prior to making any investment decision or hiring any investment manager. The Company shall not have any liability for any reliance on, interpretation or analysis of, or investment decisions, action or inaction based upon information obtained from the Content provided on the Web Site.
Investments in funds are speculative and involve a high degree of risk. You could lose all or a substantial amount of your investment. You should do your own research and carefully read a fund's offering materials and related information for specific risk and other important information regarding an investment in that fund before investing. The Web Site does not list, and does not purport to list, the risk factors associated with an investment in any of the funds listed on the Web Site. If you are an investor and prior to making any investment decision or hiring any investment manager, you should consult with a professional financial, legal, and tax advisor to assist in due diligence to determine the appropriateness of the risk associated with a particular investment. In no event shall the Company be responsible or liable for any damage or lost opportunities, or lost profits or revenues resulting from use of the Web Site, including its services and Content. You acknowledge and agree that funds: (i) often engage in leveraging and other speculative investment practices that may increase the risk of investment loss; (ii) can be highly illiquid; (iii) are not required to provide periodic pricing or valuation information to investors; (iv) may involve complex tax structures and delays in distributing important tax information; (v) are not subject to the same regulatory requirements as mutual funds; and (vi) often charge high fees.
The Web Site’s posting of, or any content related to a fund, service provider or Account Holder does not imply sponsorship, endorsement, or approval of such by the Company. The Company does not perform and has not performed any prior or ongoing due diligence, analysis, or conducted any other investigation of any Account Holders, funds or service providers. The Company makes no guarantee whatsoever that any Content appearing on the Web Site, and representations made by or about Account Holders, the funds and service providers that appear on the Web Site, are accurate, complete, reliable, adequate or current.
H. LIABILITY OF THE COMPANY AND ITS LICENSORS
The Company does not assume any liability for the materials, information and opinions provided on, or available through, the Web Site. Reliance on the content provided on the Web Site Content is solely at your own risk. The Company disclaims any liability for injury or damages resulting from the use of any Content provided.
THE WEB SITE, CONTENT AND LINKS TO THIRD PARTY PRODUCTS AND SERVICES AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE WEB SITE OR THE CONTENT. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY WARRANTS OR REPRESENTS THAT THE WEB SITE, THE CONTENT OR THE LINKS TO THIRD PARTY PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEB SITE, CONTENT, ANY THIRD PARTY PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR THE CONTENT OR SERVICES, WHETHER OR NOT THERE IS NEGLIGENCE BY THE COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
J. PRIVACY; PROTECTION OF PERSONAL INFORMATION
K. ACCESS AND INTERFERENCE
The Company is based in the State of New Jersey, USA. The Company makes no representation that materials in this Web Site are appropriate or available for use in other locations. If you access this Web Site from other locations, you are responsible for complying with local laws.
M. THIRD PARTY WEB SITES AND TRANSACTIONS
The Web Site may contain links to other web sites on the Internet. The Company is not responsible for and does not endorse the content, products, services or practices of any third party web sites, including, without limitation, sites framed within the Company's Web Site or third party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third party web sites is at your own risk and subject to the terms and conditions of use for such web sites.
By electing to access products or services that are made available by distributor or other third party web sites that are linked from the Web Site, you will be sent via a link to the web site of the distributor, merchant, advertiser, or other information or service provider ("Merchant") that is offering such product or service. The Company is not a party to any transaction between you and any Merchant or any other party, and is not responsible for any products or services you may elect to purchase, download or use. All transactions regarding goods or services offered by Merchants, including, but not limited to, the purchase and payment terms for such goods or services, warranties, guarantees, maintenance and delivery, are solely between you and the Merchant and are governed by the terms of the agreement between you and the Merchant. The Company is not a party to any transactions between you and a Merchant, and is not liable for any direct or indirect costs or damages arising out of any dispute between you and a Merchant. NEITHER THE COMPANY NOR ANY THIRD PARTY PROVIDER, OTHER THAN THE MERCHANT OFFERING SUCH GOODS OR SERVICES, MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE GOODS OR SERVICES OFFERED BY SUCH MERCHANT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR COMPATIBILITY.
O. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
The Company respects the intellectual property of others, and we ask our Users and Account Holders to do the same. The Company may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Account Holders, and, if applicable, Users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Company's Copyright Agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Web Site; your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
The Company reserves the right to post your notification on the Web Site and/or to third party clearinghouse sites with individually personally identifiable information removed. Please note that if you materially misrepresent that that an activity is infringing your rights, you will be liable for damages (including costs and attorneys' fees).
The Company's designated Agent for notice of claims of copyright or other intellectual property infringement is as follows: firstname.lastname@example.org
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