Terms and Conditions
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.
- 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.
- 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 iM Global Partner 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.
- 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.
- 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 iM Global Partner Fund Management, 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.
NO UNLAWFUL OR PROHIBITED USE
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
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.
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.
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.
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.