Terms of Use

Effective 4/15/2015

AGREEMENT TO TERMS OF USE

Please read the following terms and conditions (“Terms of Use”) before using the website (the “Site”) of The Litman Gregory Companies, which are comprised of Litman Gregory Asset Management, LLC., Litman Gregory Fund Advisors, LLC and Litman Gregory Analytics, LLC (collectively, the “Company”).  Your access to and use of the Site is subject to these Terms of Use and all applicable laws and regulations.  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 children (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.

JURISDICTIONAL LIMITATIONS

The Company is in the business of providing investment-related research and advice.   Litman Gregory Asset Management, LLC and Litman Gregory Fund Advisors, LLC are federally registered investment advisory firms and may only transact business or render investment advice in jurisdictions where they are registered, have filed notice, or are otherwise excluded or exempted from notice and registration requirements.  Any communication by either of those entities with users of the Site in any jurisdiction where such entity and its investment adviser representatives (if any) are not registered or licensed shall be limited so as to not trigger registration or licensing requirements.   Nothing on the Site should be construed as personalized investment advice, which can be provided only in one-on-one communications by Litman Gregory Asset Management, LLC or Litman Gregory Fund Advisors, LLC.

LIMITATIONS ON USE

The Site is for your personal and non-commercial use, 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.   You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Site.  You may print one hardcopy of the information and download one temporary copy of the information 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.  All information on the non-public (i.e., password-restricted) areas of the Site is confidential and private and you may not disclose or distribute it to any other person for any purpose.  It is made available solely for your personal use in connection with your investment activities.

Notwithstanding the preceding paragraph, if you subscribe to AdvisorIntelligence, you may use the materials you obtain on the Site through such subscription to the extent expressly permitted under the written terms of the AdvisorIntelligence subscription agreement.

If you obtain a password to access any part of the Site, you may not allow others to use your user name or password.  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.  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 we believe in our sole discretion may impose, an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, or bypass any measures we may use to prevent or restrict access to the Site.  Any rights not expressly granted herein are reserved.

OWNERSHIP OF CONTENT

The Site and all of its content, including but not limited to all text, graphics, charts, audio, logos, images, data compilations, icons, code and software (“Content”), are the property of the Company and are protected by U.S. and international copyright laws, with all rights reserved unless otherwise noted.  All trademarks, service marks, trade names and other product and service names and logos displayed on the Site are proprietary to the Company, including all registered and unregistered trademarks and service marks of the Company.  If the Site includes any trademarks, service marks, trade names or logos of any third parties, such items are the proprietary marks and names of their respective owners, and are protected by applicable trademark and intellectual property laws.  You are strictly prohibited from using any Content, 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, with respect to information you obtain through a subscription to AdvisorIntelligence, in your AdvisorIntelligence subscription agreement.   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.

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.

The information in the Site should not be construed as any endorsement, recommendation or sponsorship of any company or security by the Company.  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 information on the Site.  You should evaluate the information made available through the Site, and you should seek the advice of professionals, as appropriate, to evaluate any opinion, advice, product, service or other information.  You agree that the Company is not liable for any action you take or decision you make in reliance on any information on the Site.

The Company’s services are designed to integrate with the services provided by its clients’ other financial, legal and tax advisers, not to replace their services.  The Company advises its clients from time to time on non-investment related matters, but clients must rely on their other professional advisers for final approval and/or implementation of non-investment matters.

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 by the Company to you 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.

INFORMATION FROM USERS

As a condition to your use of the Site, you represent and warrant to, and agree with the Company that, all of the information that you provide is truthful, accurate and complete.

DISCLAIMERS AND LIMITATION OF LIABILITY

THE INFORMATION, SOFTWARE AND SERVICES PUBLISHED ON THIS WEBSITE 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 INFORMATION, SOFTWARE AND SERVICES AND THE RESULTS OBTAINED FROM THEIR USE ARE NOT GUARANTEED BY THE COMPANY OR ANY PERSONS CREATING OR TRANSMITTING SUCH INFORMATION, SOFTWARE AND SERVICES.

THE COMPANY AND/OR ITS SUPPLIERS 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 MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE.  ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.  THE COMPANY AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, 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.

YOUR USE OF THE SITE IS AT YOUR OWN RISK.  YOU ARE 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 CONTENT FROM THE SITE.  IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OF OR ACCESS TO THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS 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 INFORMATION ON THE SITE 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 INFORMATION.  IF YOU ARE DISSATISFIED WITH THE INFORMATION, PRODUCTS OR SERVICES OFFERED AT THE SITE OR WITH THE TERMS AND CONDITIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE 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.

REFERENCES TO PUBLICATIONS AND OTHER COMPANIES

References to any publication or any other company 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 parties other than the Company.  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, in the case of AdvisorIntelligence, to the terms of your subscription agreement with AdvisorIntelligence.

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 your breach of these Terms of Use or the Privacy Policy, your use of the Site or any related product or service, or any of your other acts or omissions.

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.

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, any legal disclosures on the Site, and any license agreement between you and the Company relating to information you obtain from the Site, these Terms of Use 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.