Terms of Use

Terms of Use and User Agreement

By accessing or using this ETF Portfolio Management, LLC (“ETF Portfolio Management”) web site (the “Site”), you hereby accept and agree to comply with the terms and conditions set forth in this Terms of Use and User Agreement (this “User Agreement”). This User Agreement is a binding agreement between you and ETF Portfolio Management, and governs your access and use of the Site, which includes any information, data, tools, products, services and other content (together, “Content”) available on or through the Site. You may contact ETF Portfolio Management with questions about the terms and conditions of this User Agreement.

PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE. EACH TIME YOU USE THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THIS USER AGREEMENT IN ITS THEN CURRENT FORM.

1. ETF Portfolio Management grants you a limited right to use the Site.

Your right to use the Site is subject to your agreement to abide by this User Agreement in its entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site.

  • At any time and for any reason we may revoke your right to use all or any portion of the Site.
    • You may not violate or attempt to violate the security of the Site.

2. The Site is owned by ETF Portfolio Management, its affiliates and/or third parties.

The Site is protected by one or more copyrights, patents, database rights, trademarks, servicemarks and/or other intellectual property and proprietary rights that are owned by ETF Portfolio Management, its affiliates and/or third parties.

  • You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site.
    • You may not publish, broadcast, retransmit, reproduce, repackage, frame, commercially exploit, create any derivative of or otherwise redistribute all or any portion of the Site except as explicitly permitted in this User Agreement.
    • You may discuss information that you learn from the Site with your financial, legal or tax advisors, and others with whom you share investment decisions.
    • You may not remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site.

3. The contents of the password protected area of the Site, if any, are subject to the confidentiality provisions of the relevant offering documents.

4. You make certain representations and warranties regarding your use of the Site.

  • You represent and warrant that:
    • you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to this User Agreement;
    • you have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of this User Agreement; and
    • you will not delete any Content.

5. All Content is for informational purposes only.

  • Nothing on the Site is an offer or solicitation to buy or sell any security.
    • Although the Site may include investment-related information, nothing on the Site is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy.
    • We do not give any advice or make any representations through the Site as to whether any security or investment is suitable to you or will be profitable.
    • Nothing on the Site is intended to be, and you should not consider anything on the Site to be, investment, accounting, tax or legal advice.
    • If you would like investment, accounting, tax or legal advice, you should consult with your own financial advisors, accountants or attorneys regarding your individual circumstances and needs.
    • THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY OR INVESTMENT STYLE IS NOT INDICATIVE OF FUTURE PERFORMANCE.

6. There are various risks you assume in relying on the Content.

  • Dated Content speaks only as of the date indicated.
    • We make reasonable efforts to provide accurate Content, but at times we may not promptly update or correct the Site even if we are aware that it is inaccurate, outdated or otherwise inappropriate.
    • We may change all or any portion of the Site at any time without notice to you.
    • We do not endorse the opinions of, or warrant the accuracy of facts or other Content contributed by, any third party.
    • You agree that we are not liable for any action you take or decision you make in reliance on any Content.

7. You must keep your password confidential.

  • You may receive a password to access certain restricted areas of the Site.
    • You are solely responsible for maintaining the confidentiality and security of your password. You may not disclose your password to any third party.
    • You accept full responsibility for any use of your password.
    • You must notify ETF Portfolio Management immediately of any actual or suspected loss, theft or unauthorized use of your password.
    • We are not obligated to inquire as to the authority or propriety of any use of or action taken under your password. We will not be responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions.

8. ETF Portfolio Management is not liable for any technological problems and any impact that they may have.

  • All or any portion of the Site may not be available and may not function properly at any time.
    • We make reasonable efforts to avoid technological problems, but at any time the Site may have and may cause technological problems such as viruses and other damaging computer programming routines or engines.
    • We take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but we disclaim liability for any interception of data or communications.
    • We make reasonable efforts to ensure that the Site is secure but we do not guarantee the security of the Site.
    • We are not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site.
    • We are not liable for any defects, delays or errors in or resulting from your use of the Site.

9. ETF Portfolio Management is not responsible for information on any third party web site that is referred in, or accessible or connected by hyperlink to, the Site.

  • If you access any third party web site through the Site or otherwise, you do so at your own risk.
    • Hyperlinks to or from the Site do not constitute third party endorsement of, sponsorship by or affiliation with us.

10. ETF Portfolio Management has the right but not the obligation to monitor and record activity on the Site and respond as it deems appropriate.

  • We may monitor and record activity on the Site for any reason or for no reason.
    • We may investigate any complaint or reported violation of our policies.
    • We may report any activity that we suspect may violate any law or regulation to regulators, law enforcement officials or other persons or entities that we deem appropriate.
    • We may issue warnings, suspend or terminate use of the Site, deny access to all or part of the Site or take any other action that we deem appropriate.

11. ETF Portfolio Management will abide by its privacy policy.

  • Personal nonpublic information that we gather from you will be governed by our Privacy Policy.

12. ETF PORTFOLIO MANAGEMENT DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE THAT THE LAW ALLOWS IT TO DISCLAIM.

  • THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

    • WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE INCLUDING WARRANTIES OF

      • MERCHANTABILITY,

        • FITNESS FOR A PARTICULAR PURPOSE AND
        • NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS.
  • WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT.

13. ETF PORTFOLIO MANAGEMENT’S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  • IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, AGENTS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED ARISING OUT OF THIS USER AGREEMENT, THE SITE, THE INABILITY TO USE THE SITE .
  • OUR LIABILITY IS LIMITED EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES THAT YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE.
  • UNDER ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF ETF PORTFOLIO MANAGEMENT, ITS AGENTS AND EMPLOYEES TO ANY USER OF THE SITE WITH RESPECT TO THE SITE IS $100.
  • THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.

14. You will be responsible for any liability to ETF Portfolio Management that arises out of your breach of this User Agreement or your use of the Site.

  • You agree to indemnify, defend and hold harmless ETF Portfolio Management and its affiliates, agents, employees and third party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) that arise from or relate to:
    • your use of the Site,
    • your breach of this User Agreement or any representation, warranty or covenant made by you in this User Agreement,
    • your violation of any applicable law, statute, ordinance, regulation or of any third party’s rights, or
    • claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in this User Agreement.

15. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CHOICE OF LAW RULES. ANY LEGAL ACTION BROUGHT HEREUNDER SHALL BE BROUGHT EXCLUSIVELY IN THE COURTS IN VENTURA COUNTY, CALIFORNIA, AND IT IS AGREED THAT SUCH COURTS SHALL HAVE JURISDICTION OVER THE PARTIES TO THIS AGREEMENT AND ANY DISPUTE ARISING HEREUNDER.

16. You will be bound by revised versions of this User Agreement that ETF Portfolio Management posts on the Site.

  • Modifications will be effective immediately upon posting unless we indicate otherwise.
  • Your use of the Site indicates your full acceptance of this User Agreement in its then-current form each time you use the Site.

17. You are bound by certain other general conditions.

  • We may assign this User Agreement in whole or in part at any time without your consent. You may not assign this User Agreement or delegate any of your obligations under this User Agreement. Any purported assignment of this User Agreement in violation of its terms is void.
  • If any provision of this User Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of the User Agreement shall remain in full force and effect.
  • This User Agreement constitutes the entire understanding, and supersedes all other understandings, between you and ETF Portfolio Management concerning the subject matter hereof.

© 2013 ETF Portfolio Management, LLC

ETF Portfolio Management, LLC
350 Via Las Brisas, Suite 270
Newbury Park, CA 91320
Phone: (866) 409-5844 Toll-Free
Fax: (805) 480-1111
Email: info@etfpm.com

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