The Terms are in addition to any other agreements between you and Spouting Rock, including any customer or account agreements, and any other agreements that govern your use of products, services, content, tools and information provided by Spouting Rock or any product, service, content, tools and information provided by companies not affiliated with Spouting Rock and that are available on or via the Website (collectively, “Content”).
Spouting Rock reserves the right to replace, change, or modify the Terms at any time, for any reason, by posting new terms on the Website. We suggest that you review the Terms periodically for changes.
Online Access to Accounts and Password Security. Certain parts of the Website are protected by user names, passwords, Personal Identification Numbers (PINs), or other credentials and are restricted to authorized users only. You may not obtain unauthorized access to such parts of the Website, or to any other protected materials or information, through any means not intentionally made available by Spouting Rock for your specific use. This includes, among other prohibited acts, using login credentials not assigned by Spouting Rock to you. If you maintain an account with an Spouting Rock fund or strategy that you access through the Website, you are solely responsible for maintaining the confidentiality of your account and credentials and for restricting access to your computer. You agree to accept responsibility for all activities occurring under your account or credentials (that are due to your conduct, inaction, or negligence). You must notify Spouting Rock immediately if you become aware of any disclosure, loss, theft or unauthorized use of any of your credentials.
Spouting Rock may terminate your access to the Website for any reason, without prior notice.
No investment recommendations or professional advice. The Website is not intended to provide any tax, legal, insurance or investment advice, and nothing on the Website should be construed as a solicitation or recommendation by Spouting Rock or its affiliates to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction. Decisions based on information contained on the Content are your sole responsibility of the visitor. In exchange for using the Website, you agree to indemnify and hold Spouting Rock, its officers, directors, employees, affiliates, agents, licensors and suppliers harmless against any and all claims, losses, liability, costs and expenses (including but not limited to attorney’s fees) arising from your use of the Website, from your violation of the Terms or from any decisions that you make on the Content.
The Content is provided on an “AS IS” and “AS AVAILABLE” basis and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Spouting Rock disclaims all warranties, including, but not limited to, any warranty of non-infringement of third-party rights and any implied warranties of merchantability and fitness for a particular purpose. Spouting Rock does not warrant, either expressly or impliedly, the accuracy or completeness of the Content, including any information, text, graphics, links or other items contained on the Website and does not warrant that the functions contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website will be free of viruses or other harmful components. Spouting Rock expressly disclaims all liability for errors and omissions in the materials on the Website and for the use or interpretation by others of information contained on the Content.
Data is Not Guaranteed. Reasonable precautions have been taken to ensure that Website Content, including account information and pricing data, are complete and accurate. However, due to the nature of information delivery technology and the necessity of using multiple data sources, Spouting Rock is unable to assure the accuracy of the data you access through the Website. The Website content is presented only as of the date published or indicated and may be superseded by subsequent market events or other reasons.
Fund and Advisor Disclosures. Investments in an Spouting Rock product or client account are not bank deposits and are not insured or guaranteed by the Federal Deposit Insurance Corporation, any other government agency or any bank.
Please carefully consider a fund’s investment objective, risks, charges and expenses before investing. For this and other information, call or write to Spouting Rock for a free prospectus or view one online. Read it carefully before you invest or send money.
You and your financial advisor should determine whether any investment, security or strategy or any other product or service, is appropriate or suitable for you based on your personal financial situation and investment objectives. You should consult an attorney or tax professional regarding your specific legal or tax situation.
Trademarks, Copyrights and other Intellectual Property. The Content owned or licensed by Spouting Rock is protected by applicable copyrights, trademarks, service marks, and/or other intellectual property rights. Such Content is solely for your personal, non-commercial use. Accordingly, you may not copy, distribute, modify, post, frame or deep link the Website, including any text, graphics, video, audio, software code, user interface design or logos. You may download material displayed on the Website for your personal use provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use any Content for public or commercial purposes, including all data, text, images, audio, and video, without Spouting Rock’s written permission. Modification or use of any Content for any purpose other than your private, personal use violates Spouting Rock’s intellectual property rights.
All trademarks, service marks, trade names, and logos displayed on the Website are proprietary to Spouting Rock and/or their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website.
Unauthorized Use of Content. You agree to defend and hold harmless Spouting Rock, its affiliates and each of their respective officers, directors, members, partners, managers and employees against any losses, damages, claims, liabilities and costs (including reasonable attorneys fees) to the extent resulting from or arising out of any unauthorized or otherwise inappropriate use of any of the Content attributable to you or which occurs through the use of your credentials.
E-mail Newsletters. Spouting Rock offers several e-mail newsletters. If you no longer wish to receive a specific newsletter, follow the “unsubscribe” instructions located near the bottom of each newsletter.
Limitation of Liability
YOUR SOLE REMEDY FOR DISSATISFACTION WITH YOUR USE OF THE WEBSITE IS TO STOP USING THE WEBSITE. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL SPOUTING ROCK BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO: LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA OR TRADING LOSSES. EVEN IF SPOUTING ROCK HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORSEEN THE EXCLUDED DAMAGES. FURTHER, SPOUTING ROCK WILL NOT BE RESPONSIBLE FOR ANY FAILURE TO COMPLY, BY YOU OR ANY THIRD PARTY, WITH THESE TERMS OR WITH APPLICABLE FEDERAL, STATE AND LOCAL LAWS.
THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF: (I) ANY NEGLIGENCE OR GROSS NEGLIGENCE OF SPOUTING ROCK OR (II) WHETHER THE LIABILITY ARISES IN NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LEGAL LIABILITY; AND WILL REMAIN IN EFFECT EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF WARRANTIES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THOSE STATES, SPOUTING ROCK’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.