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AdvisorIntelligence Terms of Use

AGREEMENT TO TERMS OF USE
Please read the following terms and conditions (“Terms of Use”) before using the website of Litman Gregory Analytics, LLC (the “Company”), at www.advisorintelligence.com (the “Site”).  Your access to and use of the Site is subject to these Terms of Use and all applicable laws and regulations.   If you are a subscriber to the AdvisorIntelligence service, your use of the Site is also subject to the terms of the Service Agreement between you and the Company (the “Service Agreement”).  If you are a sponsor (a “Sponsor”) of the AdvisorIntelligence service, your use of the Site is also subject to the terms of the Sponsor Participation Agreement between you and the Company (the “Sponsor Agreement”).  The Terms of Use constitute a legal agreement between you and the Company.  The Site is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Site is not available to persons under the age of 18.  By accessing and using the Site, you accept, without qualification, these Terms of Use.  If you do not approve and accept these Terms of Use without qualification, you should exit the Site immediately. 

OWNERSHIP OF CONTENT
The Company is in the business of providing subscription-based investment-related research and related materials for use by investment advisers and financial professionals.   All content and services available on this Site are referred to as the “Materials.”   Any content provided by a Sponsor, however, shall not be treated as “Materials” with respect only to that Sponsor and that Sponsor’s use of such content shall not be subject to the provisions and limitations herein relating to use of Materials. 
The Site and all Materials, including but not limited to all text, graphics, charts, audio, logos, images, data compilations, icons, code, software, the Site’s “look and feel,” end-user interfaces, Site name, and collective works consisting of sequences of public messages on the Site, and all copyright and other intellectual property rights in the Materials, are the property of the Company and/or its suppliers or Sponsors and are protected by applicable U.S. and international copyright and other laws, with all rights reserved unless otherwise noted.  All registered and unregistered trademarks and service marks, trade names and other product and service names and logos displayed on the Site are proprietary to the Company and/or its suppliers or Sponsors, and are protected by applicable trademark and intellectual property laws. 
You have no rights in relation to the Materials except as expressly provided in these Terms of Use and your Service Agreement or Sponsor Agreement, if any.  

LIMITATIONS

  • The Site is for your use only, and the Company grants you a non-exclusive, non-transferable and limited personal license to access and use the Site, conditioned on your continued compliance with these Terms of Use and your Service Agreement or Sponsor Agreement, if any.   

  • Except as permitted herein or on the Site or in your Service Agreement or Sponsor Agreement, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Materials to any other person for any purpose.  

  • You are strictly prohibited from using any Materials, whether owned by the Company or any third party, without the express written permission of the Company, except as otherwise expressly permitted in these Terms of Use or your Service Agreement or Sponsor Agreement, if any.  Without limiting the foregoing, you are prohibited from using any of the Company’s copyrighted material or trademarks for any purpose, including, but not limited to, use as metatags, links or otherwise on any website, without the Company’s prior written permission, except as otherwise expressly permitted on the Site or in your Service Agreement or Sponsor Agreement.

  • For Materials that the Site states are available for you to download or redistribute, you may, to the extent consistent with the terms of your Service Agreement or Sponsor Agreement (if any), (a) cite the Company or any Litman Gregory affiliate as the source only if you have not modified the content in any way; (b) redistribute such Materials, whether on your website or otherwise, only in a non-systematic way and only to clients or prospective clients who are not financial advisers or investment professionals and who have specifically requested information from you; and (c) re-use or redistribute such Materials or any derivative work of such Materials on your website only if that access is password-protected.   You may not otherwise redistribute any Materials to any third party website or through any other electronic media, or claim authorship of any Materials.

  • Notwithstanding anything else in these Terms of Use, you may print one hardcopy of the Materials and download one temporary copy of the Materials into one single computer’s memory solely for your own use and not for distribution, provided that all relevant copyright, trademark and other proprietary notices are kept intact.  

  • For any Materials that are designated on the Site as being provided by Sponsors or other third parties, you may not distribute such Materials until you obtain express permission from the owner, in addition to complying with these Terms of Use.   

  • You must include the following copyright notice in any material you distribute that contains any Material or portion thereof: 

    • Certain material in this work is proprietary to and copyrighted by Litman Gregory Analytics and is used by [Subscriber Firm Name] with permission. Reproduction or distribution of this material is prohibited and all rights are reserved.

  • Except as permitted by these Terms of Use, you may not use the name of the Company or any Litman Gregory entity, or any of the Company’s or Litman Gregory’s registered trademarks, service marks, logos, names or any other proprietary designations, without the Company’s prior written consent.

  • If you obtain a password to access any part of the Site, you may not allow others to use your user name or password except as expressly permitted in your Service Agreement.  If your password has been compromised for any reason, you must contact the Company immediately for a new password.  If you provide your password to any third party, you will be solely responsible for any actions that party takes using your password. 

  • You may not link other websites to the Site without the Company’s prior written permission or as permitted pursuant to your Sponsor Agreement.  You may not use the Site to advertise or perform any commercial solicitation.  You may not use any robot, spider, scraper or other automated means to access the Site for any purpose without the Company’s prior written permission.  You may not take any action that imposes, or that the Company believes in its sole discretion may impose, an unreasonable or disproportionately large load on its infrastructure, interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, or bypass any measures the Company may use to prevent or restrict access to the Site.  Any rights not expressly granted herein are reserved.

NO SECURITIES OFFERING OR INVESTMENT ADVICE
The funds advised by Litman Gregory Asset Management, LLC and Litman Gregory Fund Advisors, LLC are not offered through the Site.  An offer regarding any such fund may be made only after you have received the appropriate disclosure documents concerning that fund and have had the opportunity to discuss all matters concerning any prospective investment that you desire.  The Site does not provide all information material to an investor’s decision to invest in any such fund, including, but not limited to, risk factors.  For more information, please refer to a fund’s Prospectus or Confidential Offering Circular and read it carefully before you invest.  

Nothing on the Site should be construed as investment advice or as any endorsement, recommendation or sponsorship of any company, including any Sponsor, or security.   There are inherent risks in relying on, using or retrieving any information found on the Site, and the Company urges you to make sure you understand these risks before relying on, using or retrieving any Materials.  You should evaluate the Materials made available through the Site, and you should seek the advice of professionals, as appropriate, to evaluate all Materials.  

You acknowledge that any of your requests for information are unsolicited and any information provided on the Site shall neither constitute nor be construed as investment advice to you by the Company or any Sponsor or constitute the formation of an investment advisory relationship, or any other client relationship.   The Company does not guarantee the suitability or potential value of any particular investment or information source.  The Company may invest or otherwise hold an interest in securities that may be discussed on the Site.

DISCLAIMERS AND LIMITATION OF LIABILITY
THE MATERIALS AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  DUE TO VARIOUS FACTORS, INCLUDING THE INHERENT POSSIBILITY OF HUMAN AND MECHANICAL ERROR, THE ACCURACY, COMPLETENESS, TIMELINESS AND CORRECT SEQUENCING OF SUCH MATERIALS ARE NOT GUARANTEED BY THE COMPANY, ANY SPONSOR OR ANY OTHER PERSONS CREATING OR TRANSMITTING SUCH MATERIALS.

THE COMPANY AND/OR ITS SUPPLIERS AND SPONSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AND OPERATION OF THE SITE AT ANY TIME WITHOUT NOTICE. THE SITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS OR OTHER REASONS.

THE COMPANY AND ITS SUPPLIERS AND SPONSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE MATERIALS CONTAINED ON THE SITE FOR ANY PURPOSE.  ALL SUCH MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.  THE COMPANY AND ITS SUPPLIERS AND SPONSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ORIGINALITY, ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT AND AVAILABILITY.  BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
 
THE COMPANY IS NOT RESPONSIBLE FOR ANY RESULTS OBTAINED FROM OR RELATING TO YOUR USE OF THE MATERIALS.   YOUR USE OF THE SITE IS AT YOUR OWN RISK, AND YOU ASSUME THE ENTIRE RISK OF ANY USE YOU MAKE, OR PERMIT OR CAUSE TO BE MADE, OF ANY MATERIALS AVAILABLE THROUGH THE SITE.  YOU ARE ALSO SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR ANY OTHER DAMAGE OR LOSS THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIALS FROM THE SITE.  IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS OR SPONSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO (1) THE USE OF OR ACCESS TO THE SITE OR (2) THE DELAY OR INABILITY TO USE THE SITE, OR (3) ANY MATERIALS OBTAINED THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS OR SPONSORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 

THE COMPANY AND ANY PERSON CREATING OR TRANSMITTING THE MATERIALS SHALL NOT BE LIABLE FOR ANY INFECTION BY VIRUSES OF OR DAMAGE TO ANY COMPUTER THAT RESULTS FROM YOUR USE OF, ACCESS TO OR DOWNLOADING OF SUCH MATERIALS.  IF YOU ARE DISSATISFIED WITH THE MATERIALS OFFERED AT THE SITE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF AND ACCESS TO THE SITE.

PRIVACY
The Company’s collection and use of any information from the Site’s users is governed by the Company’s Website Privacy Policy, which you should read before providing any information to the Company. 
 
NO UNLAWFUL OR PROHIBITED USE 
As a condition to your use of the Site, you represent and warrant to, and agree with, the Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use or your Service Agreement or Sponsor Agreement, if any.

REFERENCES TO PUBLICATIONS AND OTHER COMPANIES
References to any publication or any other company (including Sponsors) in the Site are for reference and informational purposes only and are not intended to suggest that any of such companies endorse, recommend or approve of the Company’s services, analysis or recommendations or that the Company endorses, recommends or approves the services or products of such companies.  News stories reflect only the author’s opinion and not necessarily that of the Company.

LINKS TO THIRD PARTY WEBSITES
The Site may contain hyperlinks to websites operated by Sponsors and other parties.  The Company may not have screened or reviewed these websites, and they may contain or offer inaccurate, inappropriate or offensive material, products or services.  The Company does not control such websites and assumes no responsibility or liability for the accuracy, reliability, legality or decency of their content, products or services.   Any such hyperlinks are provided for your convenience only.  The Company’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on them or any association with their operators.

MODIFICATION AND MONITORING OF WEBSITE
The Company may, at its discretion, change, modify, add or remove portions of these Terms of Use at any time without notifying you.  We suggest that you check these Terms of Use periodically for changes.  These Terms of Use can be accessed from the link at the bottom of each page of the Site.  Your use of the Site after we post changes to these Terms of Use constitutes your acceptance of the changed Terms of Use.  If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Site.   Notwithstanding the preceding sentences of this paragraph, no revision to these Terms of Use will apply to any dispute between you and the Company that arose before the date of such revision. These Terms of Use may only be modified in writing as set forth in this paragraph, and may not be modified orally.  The Company expressly reserves the right to monitor any and all use of the Site.

TERMINATION AND CANCELLATION
The Company reserves the right to terminate the Site and to terminate your access to the Site, without notice at any time and for any reason, subject only to the terms of your Service Agreement or Sponsor Agreement, if any.

INDEMNITY
You agree, at your own expense, to indemnify, defend and hold harmless the Company, its parents, subsidiaries and affiliates, and their officers, directors, partners, managers, members, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) any of them incurs that arise out of or are in any way related to any of your acts or omissions, including without limitation your use of the Site, your use or transmission of the Materials, or your breach of these Terms of Use or the Privacy Policy.  The Company may, at its own expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with the Company in asserting any available defenses.

JURISDICTIONAL ISSUES AND APPLICABLE LAW
Unless otherwise specified, the Company controls and operates the Site from its offices within the State of California in the United States.

  • The Company does not claim that materials in the Site are appropriate or available for use in locations other than California.  If you choose to access the Site from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.

  • Software from the Site is further subject to United States export controls.  Software from the Site may not be downloaded or otherwise exported or reexported outside the United States.  By downloading or using such 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.

These Terms of Use are governed by the laws of the State of California, without regard to its choice of law provisions.  You hereby consent to the exclusive and personal jurisdiction and venue of courts in Marin County, California, which shall have exclusive jurisdiction over any and all disputes arising out of or relating to these Terms of Use, the use of the Site or any product or service related thereto.  Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

ADDITIONAL TERMS ONLY FOR SUBSCRIBERS THAT USE THE MATERIALS TO PROVIDE INVESTMENT ADVICE TO EMPLOYEE BENEFIT PLANS, IRAs OR OTHER RETIREMENT PLANS. 

If you are a Subscriber and use any of the Materials in providing investment advice to any employee benefit plan governed by ERISA, a fiduciary of such a plan, or any retirement plan or arrangement, including IRAs, that is subject to section 4975 of the Internal Revenue Code (the “Code”), or any participant or beneficiary (including an IRA owner) of any such plan or arrangement (collectively, “Retirement Plan Investors”), then by using the Materials on this Site in connection with advising any such Retirement Plan Investor, you represent, warrant and agree that:  

(1)You are capable of evaluating investment risks independently, both in general and with regard to particular transactions and investment strategies; 

(2)The Company and its affiliates are not providing impartial investment advice or fiduciary advice; 

(3)You are independent of the Company and its affiliates, are a fiduciary of such Retirement Plan Investor under ERISA or the Code or both, and are responsible for exercising independent judgment in evaluating the Materials in connection with advising the Retirement Plan Investor; 

(4)You understand the nature of the Company’s financial interest in your subscription to this Site.   You will not bill the Retirement Plan Investor for any portion of the fees you pay to the Company for your subscription and will not otherwise seek reimbursement for any portion of such fees from the Retirement Plan Investor; and 

(5)You are either:  (a) a bank as defined in section 202 of the Investment Advisers Act of 1940 or similar institution that is regulated and supervised and subject to periodic examination by a state or Federal agency;  (b) an insurance carrier qualified under the laws of more than one state to perform the services of managing, acquiring or disposing of assets of Retirement Plan Investors; (c) an investment adviser registered under the Advisers Act, or if not so registered by reason of paragraph (1) of section 203A of that Act, registered as an investment adviser under the laws of the state in which you maintain your principal office and place of business; (d) a broker-dealer registered under the Securities Act of 1934; or (e) an independent fiduciary that holds, or has under management or control, total assets of at least $50 million.  

GENERAL
You agree that no joint venture, partnership, employment or agency relationship exists between you and the Company as a result of these Terms of Use or use of the Site.

The Company’s performance of these Terms of Use is subject to existing laws and legal process, and nothing in these Terms of Use limits the Company’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Company with respect to such use. 

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law (including, but not limited to, the warranty disclaimers and liability limitations set forth above), the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. 

By reviewing or using the information on the Site after accessing the Site, you represent and warrant that (a) you have the authority to enter into these Terms of Use and create a binding contractual obligation, (b) you understand and intend these Terms of Use to be the legal equivalent of a signed, written contract equally binding, and (c) you will use the information on the Site in a manner consistent with applicable laws and regulations in accordance with these Terms of Use, as the same may be amended by the Company online or otherwise from time to time.  A printed version of these Terms of Use and any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Except as expressly provided in the Company’s Privacy Policy and any legal disclosures on the Site or the Materials, these Terms of Use and your Service Agreement or Sponsor Agreement (if any) constitute the entire agreement between you and the Company with respect to the Site and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Site.  

You agree to be bound by any agreement or consent you transmit to or through the Site via any media or electronic device, including internet, telephone and wireless devices.  

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