Terms and Conditions of Use

By using or accessing this Website (“Website”) of Founders Trust, LLC and its partners and affiliates (collectively, “Founders Trust” or the “Firm”), you hereby signify that you understand these Terms and Conditions of Use (“Terms and Conditions”) and accept and agree to comply with these Terms and Conditions.  You acknowledge that you understand that these Terms and Conditions constitute a binding agreement between you and the Firm (sometimes referred to as “we” or “us”) which governs your use and access of the Website.

PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING THE SERVICES DESCRIBED HEREIN. BY UTILIZING THIS WESITE (“WEBSITE”), YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AN AUTHORIZED USER OF THESE SERVICES AND YOU SHOULD NOT USE THIS WEBSITE.

THE FIRM RESERVES THE RIGHT TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS AND/OR THE TERMS OF THE PRIVACY POLICY AT ANY TIME FOR ANY REASON. WE SUGGEST THAT YOU REVIEW THESE TERMS PERIODICALLY FOR CHANGES. YOU ACKNOWLEDGE THAT BY ACCESSING OUR WEBSITE AFTER WE HAVE POSTED CHANGES TO THESE TERMS, YOU ARE AGREEING TO THESE TERMS AS MODIFIED.

Disclaimer

Nothing contained on this Website constitutes tax, accounting, regulatory, financial, legal, or investment advice. Content and any overviews provided on this Website are intended to be informational and are general in nature. Such overviews are not a substitute for professional tax, financial, or legal advice and investors should seek such professional advice for their situation.

Any investments and strategies discussed on the Website may not be suitable for all investors and are not obligations of or guaranteed by the Firm. The Firm makes no representations that the contents are appropriate for use in all locations, or that the transactions, securities, products, instruments, or services discussed on this site are available or appropriate for sale or use in all jurisdictions or countries, or by all investors or counterparties. By making available information on the Website, the Firm does not represent that any investment vehicle is available or suitable for any particular user. All persons and entities accessing the Website do so on their own initiative and are responsible for compliance with applicable local laws and regulations.

Neither the information, nor any opinion, contained on this Website constitutes a solicitation or offer by the Firm or its affiliates to buy or sell any securities of any fund or other investment vehicle, futures, options or other financial instruments, nor shall any such security be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. Decisions based on information contained on this Website are the sole responsibility of the visitor, and in exchange for using this Website, the visitor agrees to hold the Firm harmless against any claims for damages arising from any decisions that the visitor makes based on such information.

The information provided on this website is provided “AS IS” and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, the Firm disclaims all warranties, including, but not limited to, any warranty of non-infringement of third-party The information provided on this Website is provided “AS IS” and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, the Firm 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. The Firm does not warrant, either expressly or impliedly, or make any representations regarding, the accuracy, reliability, or completeness of the information, text, graphics, links or other items contained on this Website and the Firm expressly disclaims all liability for errors and omissions in these materials and for the use or interpretation by others of information contained on the Website.

Forward Looking Statements

Certain information on the Website may contain forward-looking statements, which reflect our views with respect to, among other things, our operations and financial performance. Such forward-looking statements are subject to various risks and uncertainties and speak only as of the date on which they are made. You can identify forward-looking statements by the use of words such as “outlook,” “believes,” “expects,” “potential,” “continues,” “may,” “will,” “should,” “seeks,” “approximately,” “predicts,” “intends,” “plans,” “estimates,” “anticipates” or the negative versions of these words or other comparable words. Such forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. We undertake no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.

Trademarks, Copyrights and other Intellectual Property

The content contained on this Website is owned or licensed by the Firm and its third-party information providers and 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 this Website or any portion thereof, including any text, graphics, video, audio, software code, user interface design or logos. You may download material displayed on this 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 the content of this Website for public or commercial purposes, including any text, images, audio, and video, without the Firm’s written permission. Modification or use of that content for any other purpose would violate the intellectual property rights of the Firm or its licensor.

All trademarks, service marks, trade names, and logos displayed on this Website are proprietary to the Firm and/or their respective owners. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark, trade name, or logo displayed on this Website without the written permission of the Firm or the appropriate property owner. Your use of the trademarks, service marked, trade names, and logos displayed on this Website, except as provided herein, is strictly prohibited.

The use of the images displayed on this Website by you, or anyone else authorized by you, is prohibited. Any unauthorized use of those images may constitute a violation of copyright laws, trademark laws, and/or the laws of privacy and publicity, among other torts.

Links to Other Websites

The Firm may establish links between this Website and one or more websites operated by third parties. The Firm has no control over any such other websites, the contents therein or the products/services offered. The existence of any such links shall not constitute an endorsement of, or representation or warranty by the Firm regarding, such websites, the contents of the websites, the products or services of the websites or the operators of the websites. The Firm disclaims responsibility for the privacy policies and customer information practices of third-party Internet websites hyperlinked from our Website.

Links to The Firm from Other Websites

You shall not display hyperlinks on your websites to any website owned or operated by the Firm. If you desire to display on your website a hyperlink to a Firm website, you must enter into a written agreement with the Firm governing such display. Access to any Firm website does not authorize you to use any of the Firm’s names, logos, trademarks or copyrighted material, and you agree not to do so without the Firm’s express written consent.

Transmissions to and from this Website

Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from this Website may not be secure.

Jurisdiction and Governing Law

The information provided on this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Firm or its affiliates to any registration requirement within such jurisdiction or country.

The laws of the State of Illinois govern these Terms. If you take legal action relating to these Terms, you agree to file such action only in the Federal Courts located in Chicago, Illinois, and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any action with the Firm.

Limitation of Liability

THE FIRM WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THIS WEBSITE). THIS IS TRUE EVEN IF THE FIRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE OR ANOTHER LINKED WEBSITE.

IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR IF YOU ACCESS THE WEBSITE SOLELY THROUGH AN ARRANGEMENT WITH YOUR EMPLOYER, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL THE FIRM’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN TORT OR CONTRACT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) EXCEED THE GREATER OF THE AMOUNT PAID BY YOU FOR ACCESSING THE WEBSITE AND $500.00.

Timeliness of Content

All content on this Website is presented only as of the date published or indicated and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

Restrictions and Prohibited Uses

Any use or attempted use of the Website: (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party’s use and enjoyment of the Website; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information, or to obtain or attempt to obtain any materials or information, through any means, that the Firm has not intentionally made available or (vii) for any use other than the purpose for which it was intended, is prohibited. Except as the Firm’s privacy policy may expressly limit, the Firm reserves the right to disclose any information as the Firm may deem necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Firm’s sole discretion.

Except as otherwise stated in these Terms or as expressly authorized by the Firm in writing, you may not:

• Use this Website in any manner that could damage or overburden any Firm server, or any network connected to any Firm server, as all servers have limited capacity and are used by many people;
• Use this Website in any manner that would interfere with another party’s use of the Website;
• Include the term “Founders Trust” or any Firm trademark or executive’s name, or any variation of the foregoing, as a meta-tag, hidden textual element;
• Use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy this Website or the reports, data, information, content, software, products, services, or other materials on, generated by or obtained from this Website, whether through links or otherwise (collectively, “Materials”), without the Firm’ permission, provided that generally available third-party web browsers may be used without such permission; or
• Use this Website or the Materials in any manner that could create an impression of affiliation, sponsorship or endorsement by the Firm.

You agree to defend, indemnify and hold harmless the Firm, 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 of this Website attributable to you.

Password Security and Notification

Certain parts of the Website are protected by passwords or require a login. 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 the Firm for your specific use. If you have a Personal Identification Number (“PIN”) for access to non-public areas of the Website, you are solely responsible for all activities that occur in connection with your PIN. Accordingly, you should take steps to protect the confidentiality of your PIN. Notify the Firm immediately if you become aware of any disclosure, loss, theft or unauthorized use of your PIN.

Termination

The Firm may terminate your access to the website for any reason, without prior notice.

Waiver

No waiver by the Firm of any right under or term or provision of these Terms will be deemed a waiver of any other right, term, or provision of these Terms at that time or a waiver of that or any other right, term, or provision of these Terms at any other time.

Integration and Severability

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.

The preceding Terms of use represent the entire agreement between the Firm and the user relating to the subject matter herein.