Binding Agreement
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. By using the Envestnet Web site, you agree to be bound by the Terms and Conditions specified below, as they may be amended from time to time. Envestnet Retirement Solutions, LLC ("Envestnet") reserves the right to amend these Terms and Conditions at any time by posting the amended terms to this Web site. Your continued use of the Envestnet site constitutes acceptance of the amended terms. If you do not agree with these Terms and Conditions (as amended from time to time) or are dissatisfied with the Envestnet site or any other terms, conditions, rules, policies, guidelines, or practices of Envestnet, your sole and exclusive remedy is to discontinue using the Envestnet site.
Copyright Restrictions/Use of Content
The materials hosted on the Envestnet site are protected by United States and international laws regarding copyrights, trademarks, trade secrets, and other proprietary rights. You are authorized to use the content on the Envestnet Web site for internal business purposes only. 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 Envestnet, except as follows. You may store copies of such materials temporarily in RAM and may store files that are automatically cached by your web browser for display enhancement purposes, and you may print a reasonable number of pages of the Envestnet Web site for internal business purposes, provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither title nor intellectual property rights to any information or material in this site are transferred to you, but remain with Envestnet or the applicable owner of such content.
Trademarks
The term "Envestnet" is a trademark, and the "Envestnet" logo and all related product and service names, designs, and slogans are the trademarks or service marks of Envestnet, Inc. All other product and service marks on this site are the trademarks of their respective owners.
Use of Envestnet Web Site; Uploading Information
You agree to use the Envestnet Web site only for lawful purposes. Unless specifically stated otherwise, all information and material in this Web site are made available only for the purpose of providing information.
Specifically you agree not to do any of the following: (i) upload to or transmit on the Envestnet Web site any defamatory, indecent, obscene, harassing, excessively violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (ii) use the Envestnet Web site to violate the legal rights (including the rights of publicity and privacy) of others; (iii) intercept or attempt to intercept electronic mail not intended for you; (iv) misrepresent an affiliation with any person or organization; (v) restrict or inhibit other Subscribers' use of the Envestnet Web site; (vi) upload or otherwise transmit files that contain a virus or otherwise corrupted data; or (vii) 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 Envestnet Web site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Envestnet Web site).
Any content and/or opinions uploaded, expressed, or submitted to a message board, chat room, or any other publicly available section of the Envestnet Web site, and all articles and responses to questions, other than such content provided by Envestnet, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Envestnet. You understand and acknowledge that you are responsible for whatever content you submit, and you, not Envestnet, have full responsibility for such content, including its legality, reliability, and appropriateness. By uploading or otherwise transmitting material to any area of the Envestnet Web site, you warrant that the material is your own, is in the public domain, or otherwise free of proprietary or other restrictions and that you have the right to use it, including by posting it to the Envestnet Web site. You grant to Envestnet the right to use all such content you upload or otherwise transmit to the Envestnet Web site in any manner Envestnet chooses, including but not limited to copying, displaying or performing, or publishing it in any format whatsoever, and modifying it, incorporating it into other material, or making a derivative work based on it.
Envestnet reserves the right, but does not assume any responsibility, to remove from the Envestnet Web site any material posted by you on the Envestnet Web site that Envestnet, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Envestnet has been notified, or has reason to believe, constitutes a copyright infringement. However, Envestnet can neither review all material prior to transmission on the Envestnet Web site nor ensure prompt action with respect to objectionable material after it is transmitted on the Envestnet Web site. Accordingly, Envestnet assumes no liability for any action or inaction regarding transmissions, communications, or other content that is provided by third parties.
Your failure to comply with the above provisions may result in the termination of your subscription to the Envestnet Web site and may expose you to civil and/or criminal liability.
Content
The information contained herein has been obtained from sources believed to be reliable, but its accuracy and completeness are not guaranteed. Envestnet reserves the right at any time and without notice to change, amend, or cease publication of the information. It has been prepared solely for informative purposes. Envestnet may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
News feeds, market quotes, and other links on this Web site are provided by independent third parties and are not guaranteed to be accurate, complete, or timely. Neither Envestnet nor independent third-party providers shall have any liability, contingent or otherwise, for the accuracy, completeness, timeliness, or correct sequencing of the information, or for any decision made or action taken by you in reliance upon the information. The news, market quotes, and links provided are shown for your convenience only. Linked sites are independent and are not owned or operated by Envestnet. Envestnet does not endorse any linked sites, nor does Envestnet guarantee the timeliness, accuracy, completeness, or adequacy of any information posted on the linked sites. Envestnet does not necessarily agree with any opinion, outlook, or forecast stated on any linked site. Envestnet reserves the right to terminate, modify, or change the links, news sources, and market quote sources at any time without notice.
Performance data contained on this Web site represents past performance, and the investment return and principal value of an investment will fluctuate over time and may be worth more or less than their original cost. Any historical performance quoted should not be viewed as representative of future performance.
No Recommendation
The Envestnet Web site is provided for informational purposes only and shall not be construed to be a recommendation to buy or sell securities. Nothing on this Web site shall be considered a recommendation or solicitation to buy or an offer to sell a security to any person in any jurisdiction where such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. Any investment decisions you may make on the basis of any information found on this Web site is your sole responsibility. Envestnet does not represent, warrant, endorse, or guarantee any advertised products or services, and the identification or listing of products, services, links, or other information on the Envestnet site or any linked site does not constitute or imply any sponsorship, affiliation, or recommendation by Envestnet. You assume all responsibility and risk associated with the use of the Envestnet service and the Internet generally.
Disclaimer and Limitation of Liability
THE ENVESTNET SITE AND INFORMATION PROVIDED ON THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NEITHER ENVESTNET NOR ANY PERSON ASSOCIATED WITH ENVESNET MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE ENVESTNET SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER ENVESTNET NOR ANYONE ASSOCIATED WITH ENVESTNET WARRANTS OR REPRESENTS THAT THE ENVESTNET WEB SITE OR THE INFORMATION PROVIDED ON THAT WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, AND UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE ENVESTNET SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE ENVESTNET SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ENVESTNET 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 ENVESTNET OR ITS 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 ENVESTNET SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, 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 ENVESTNET WEB SITE OR THE CONTENT TRANSMITTED ON THE ENVESTNET WEB SITE, WHETHER OR NOT THERE IS NEGLIGENCE BY ENVESTNET AND WHETHER OR NOT ENVESTNET HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME OF THE FOREGOING EXCLUSIONS ARE NOT PERMITTED IN CERTAIN STATES OR COUNTRIES.
Indemnification
You agree to indemnify and hold harmless Envestnet, its affiliates, agents, third-party information providers, merchants, licensors, and others involved in the delivery of the Envestnet Web site or the delivery of products, services, or information over the Envestnet Web site, and their respective officers, employees, and directors, from and against any and all liabilities, expenses, damages, and costs, including reasonable attorney's fees, resulting from any violation by you of this Agreement or otherwise arising out of your use of the Envestnet Web site.
Privacy; Protection of Personal Information
Envestnet's use of your personal information is in accordance with our privacy policy and is incorporated by reference into these Terms of Services.
Relationships
Employees of Envestnet may have relationships with investment managers listed on this Web site.
Comments and Submissions
Envestnet welcomes your comments. All comments, suggestions, or other information sent by you to this site (other than postings to publicly available portions of this site, such as message boards or chat rooms) for internal use by Envestnet, its advertisers, or its business partners or in response to solicitations on this site, will become Envestnet's property; you agree that all intellectual property rights therein are transferred to Envestnet.
Compliance
This site is operated from a site in the State of Illinois, USA. Envestnet makes no representation that materials in this site are appropriate or available for use in other locations. If you access this site from other locations, you are responsible for complying with local laws.
Contact
Please contact Envestnet at 888.612.9300 or e-mail to info@envestnet.com if you become aware of any content that you believe to be in violation of these Terms of Services, including, without limitation, claims that any content on the Envestnet Web site infringes the copyright of a third party.
Miscellaneous
These Terms and Conditions shall be governed in all respects by and construed in accordance with the laws of the State of Illinois, USA, without regard to its conflicts of law principles. These Terms and Conditions, as they may be amended from time to time, completely and exclusively state the agreement between you and Envestnet with respect to the Envestnet Web site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Envestnet Web site must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred. Exclusive jurisdiction over any cause of action arising out of these Terms and Conditions or your use of the Envestnet Web site shall be in the state or federal courts located in Chicago. You agree to submit to the jurisdiction of such courts.
If any part of these Terms and Conditions is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms and Conditions shall remain in full force and effect.
Envestnet's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Envestnet nor any trade practices shall be deemed to modify these Terms and Conditions.