Arnie, Inc. (“Arnie”) and its website and services provided through the website (“arnie-checkyourfund.com” or “Website” or the “Service”) are subject to the following Terms of Service (“Terms”); access to certain services provided through the Website is subject to the Terms and other agreements specifically related to such services. In this document, “you” means the person using the Website; “we” or “us” means Arnie; “both of us” means both you and us.
Read the Terms carefully. By using the Website, you will be deemed to have agreed to the Terms. If you do not agree to the Terms, you may not use the Website.
US Clients Only. The Arnie Website is intended to be made available only to individuals in the United States, and the information on the Website is only for such persons. Nothing on the Arnie site shall be considered a solicitation to sell advisory services to any person in any jurisdiction where such offer or solicitation would be unlawful under the laws of such jurisdiction. You may not use the Service and may not accept the Terms if (a) you are not of legal age (either under the laws of California or the laws of the jurisdiction of which you are a resident or from which you use the Website) to form a binding contract with us, or (b) you are a person barred from using the Service under the laws of the United States or other countries including the country in which you are resident or from which you use the Service. We make no representations that accessing the Website from locations outside the United States is legal or permissible by local law. If you access the Website from areas outside of the United States, you do so at your own risk and are yourself responsible for compliance with local laws.
3. PRIVACY AND SECURITY.
Electronic Communications. All email sent to and from Arnie will be received or otherwise recorded by the Arnie email system and is subject to archival, monitoring or review by and/or disclosure to, someone other than the recipient. Communications through the Website may involve the electronic transmission to any email address you provided to us, of information that you may consider to be personal financial information and you agree and consent to such transmission of such information.
Confidentiality of Information. Arnie has taken reasonable steps to ensure the confidentiality of information taken through the Website and transmitted via the Internet. However, unexpected changes in technology may be used by unauthorized third parties to intercept confidential information and we cannot be responsible should confidential information be intercepted and subsequently used by an unintended recipient.
Arnie is the sole owner of the information collected on this website. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
When you share your e-mail address with us we may use this information to send you information about Arnie’s activities, webinar invitations, and other information. We will not store the names or tickers of any funds searched in connection with your e-mail. You may customize your e-mail preferences to receive only certain types of e-mail. You may opt out of any future contact from us at any time. If you wish to change your email preferences or to opt out please contact email@example.com.
4. COPYRIGHT AND RESTRICTIONS ON USE.
Arnie maintains the Website and is the owner or the authorized user of all text, images, graphics, photos, animation, music, sounds and other materials contained within the Website. The materials contained within the Website, including, without limitation, any copyrights, trademarks, service marks, and all other proprietary materials, are protected by the U.S. and international copyright laws and treaty provisions, trademarks laws, and other proprietary rights laws.
The material contained within the Website is provided by Arnie for use by prospects and clients. The material may not be copied, republished, incorporated into another website or reproduced (whether by linking, framing, or any other method), transmitted, distributed, uploaded, posted, used to create a derivative work or exploited in any other way without the express written consent of Arnie.
You agree not to engage in any of the following:
Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Website or any portion of the Website, without Arnie’s express written consent, which may be withheld in Arnie’s sole discretion.
Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than the search engines and search agents available through the Website and other than generally available third-party web browsers (such as Microsoft Explorer).
Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Website.
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Website.
Arnie, Inc. (“Arnie”) is a Registered Investment Advisor (“RIA”) with the U.S. Securities and Exchange Commission. Advisory services are only offered to clients or prospective clients where Arnie, Inc. and its representatives are properly licensed or exempt from licensure. Investment advisory services will be provided only to individuals who become Arnie clients pursuant to a written investment advisory agreement. No advice may be rendered by Arnie, Inc. unless a client service agreement is in place. Articles, commentaries, investment plans and other content provided by Arnie on or through the Website are for illustrative, informational, or educational purposes only and do not constitute investment, legal or tax advice, or an offer to buy, sell or hold any security. Forecasts or projections of investment outcomes in investment plans are estimates only, based upon numerous assumptions about future capital markets returns and economic factors. As estimates, they are imprecise and hypothetical in nature, do not reflect actual investment results, and are not guarantees of future results. Diversification does not ensure a profit or protect against a loss in a declining market. There is no guarantee that any particular asset allocation or mix of funds will meet your investment objectives or provide you with a given level of income. Investing entails risk including the possible loss of principal and there is no assurance that the investment will provide positive performance over any period of time. Past performance is not a guarantee of future returns, and returns in any period may be far above or below those of a previous period. No representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
Any presentation of back-tested performance is hypothetical, was compiled after the end of the period advertised, and does not represent decisions made by Arnie, Inc. during the period described. For any reference to an index on the Website, it should be noted that an index is a hypothetical portfolio of securities representing a particular market or a segment of it used as an indicator of the change in the securities market. Indexes are unmanaged, do not incur fees and expenses and cannot be invested in directly.
Arnie, Inc. may provide links for your convenience to websites produced by other providers of industry related material. Accessing websites through links directs you away from our website. Arnie, Inc. is not responsible for errors or omissions in the material on third party websites, and does not necessarily approve of or endorse the information provided. Users who gain access to third party websites may be subject to the copyright and other restrictions on use imposed by those providers and assume responsibility and risk from use of those websites.
By submitting your email address into the Website, you are not guaranteed to receive any services from Arnie. The potential services outlined on the Website may never be offered.
6. DISCLAIMER OF WARRANTIES.
ALL PRODUCTS, SERVICES, AND INFORMATION ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY. NEITHER ARNIE NOR ANY THIRD PARTY SUPPLIER PROVIDES ANY WARRANTIES AS TO THE ACCURACY, ADEQUACY, QUALITY OR FITNESS, TIMELINESS, NON-INFRINGEMENT OR TITLE OF ANY PRODUCTS, SERVICES, OR INFORMATION PROVIDED BY YOU, AND ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARNIE AND ITS THIRD PARTY SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, SERVICES, AND INFORMATION AND THE PRODUCTS, SERVICES, AND INFORMATION, AND ALL INFORMATION DERIVED FROM THEM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ALTHOUGH ARNIE INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICE, ARNIE DOES NOT WARRANT THAT THE SERVICE OR CONTENT CONTAINED IN THEM WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE SERVICE IS FREE OF ERRORS, VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT CASE, ANY IMPLIED WARRANTIES WILL END NINETY (90) DAYS AFTER YOU FIRST USE THE SOFTWARE.
HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
The aggregated information represents a snapshot in time of publicly available information regarding mutual fund and exchange traded fund investments in public companies. The information is provided “AS IS” without warranty of any kind. The information is aggregated from Morningstar, As You Sow and other sources (please refer to the “Scoring & Methodology” page on the Website for more information on data sources). Arnie uses reasonable efforts to include accurate and up-to-date information on this website; it does not, however, make any warranties or representations as to its accuracy or completeness. Arnie makes no representations and provides no warranties regarding any information or opinions provided herein, including, but not limited to, the advisability of investing in any particular company or investment fund or other vehicle. While we have obtained information believed to be objectively reliable, neither Arnie nor any of its employees, officers, directors, trustees, or agents, shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information contained herein, including, but not limited to, lost profits or punitive or consequential damages. Past performance is not indicative of future returns. .This website does not provide investment, financial planning, legal or tax advice. The content of our programming, publications and presentations is provided free of charge to the public for informational and educational purposes only, and should not be considered as information sufficient upon which to base any decisions on investing, purchases, sales, trades, or any other investment transactions. We do not express an opinion on the future or expected value of any security or other interest and do not explicitly or implicitly recommend or suggest an investment strategy of any kind.
Our events, websites, and promotional materials may contain external links to other resources, and may contain comments or statements by individuals who do not represent Arnie. Arnie has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services that you may access as a result of our programming. Arnie shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
You agree to indemnify, defend and hold harmless Arnie and its affiliates, officers, directors, employees, consultants, agents and licensors from any and all third-party claims, liability, damages and/or costs (including but not limited to reasonable attorneys’ fees) arising from your failure to comply with the Terms of Service, your infringement or violation of any intellectual property or other right of a third party, or from your violation of any applicable law.
8. LIMITATION OF LIABILITY.
IN NO EVENT WILL ARNIE ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS OR ANY DATA PROVIDER OR SERVICE PROVIDER WILL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOSS OF BUSINESS REVENUE OR LOST PROFITS, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF: (I) YOUR USE OR INABILITY TO USE THE SERVICE, (II) YOUR RELIANCE ON ANY CONTENT, OR (III) ANY PRODUCTS OR SERVICES ADVERTISED ON THE SERVICE; EVEN IF ARNIE OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER ARNIE OR ANY DATA PROVIDER OR SERVICE PROVIDER SHALL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING FROM (I) ANY INACCURACY OR INCOMPLETENESS IN, OR DELAYS, INTERRUPTIONS, ERRORS OR OMISSION IN THE DELIVERY OF THE THIRD PARTY DATA OR ANY OTHER INFORMATION SUPPLIED TO YOU THROUGH THE SERVICE OR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (II) ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANY THIRD PARTY IN RELIANCE UPON THE THIRD PARTY DATA.
9. FAILURE TO COMPLY WITH THESE TERMS OF SERVICE.
Arnie may deny you access to use the Website, without prior notice, if you engage in any conduct that Arnie believes, in its sole discretion: (a) violates any term or provision of the Terms of Service, (b) violates the rights of Arnie or third parties, or (c) is otherwise inappropriate for continued access and use of the service. In the event of any suspension or termination, while your right to access the Website terminates, the other provisions of these Terms of Service continue in effect.
10. MODIFICATIONS TO TERMS; OTHER AGREEMENTS.
We reserve the right to make changes to these Terms at any time. Any such modifications will become effective upon the date they are first posted to this Website. These Terms are in addition to any other agreements between you and Arnie that govern your use of the services, content and information available on the Website.
11. MODIFICATION TO WEBSITE.
We may at any time and from time to time to modify or discontinue, temporarily or permanently, this Website (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
Except for the right of any party to apply to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other equitable relief to preserve the status quo or prevent irreparable harm, To the extent permitted by law, any controversy, dispute or claim arising out of or relating to these Terms will be submitted to binding arbitration in San Francisco, CA before a single arbitrator in accordance with the Commercial Rules of the American Arbitration Association. The prevailing party will be entitled to reasonable attorneys’ fees, costs and expenses. This agreement to arbitrate does not constitute a waiver of your right to seek a judicial forum where such waiver would be void under federal or applicable state securities laws.
13. APPLICABLE LAW.
You agree that these Terms of Service shall be governed by and interpreted in accordance with the laws of the State of California, U.S.A. excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under these Terms of Service will be brought exclusively in courts located in San Francisco, California, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. Federal law governs copyright, patent and trademark matters.
If you have any questions about these Terms of Service, please contact us at firstname.lastname@example.org.