WEB SITE TERMS OF USE AND PRIVACY POLICY
PLEASE READ THESE WEB SITE TERMS OF USE AND PRIVACY POLICY (“TERMS OF USE”) CAREFULLY.  BY CLICKING “I AGREE” BELOW AND ACCESSING THIS WEB SITE (“SITE”), YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE.  GUARDVEST, LLC AND ITS AFFILIATES (COLLECTIVELY, “GUARDVEST”) EXPRESSLY RESERVE THE RIGHT TO MODIFY THESE TERMS OF USE AND/OR SITE AT ANY TIME.  IT IS YOUR RESPONSIBILITY TO REVIEW THE TERMS OF USE, AND YOUR CONTINUED USE OF THIS SITE WILL CONCLUSIVELY CONSTITUTE YOUR ACCEPTANCE OF THE TERMS OF USE AND ANY MODIFICATIONS THEREOF.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU ARE NOT AUTHORIZED TO ACCESS THIS SITE AND MUST EXIT THIS SITE.  


General
The services provided by GuardVest on and through this Site include the following: (i) analysis, reports, tools, and solutions to help investors and investment advisors to review their investment portfolios and obtain performance reviews and summaries; (ii) provision of an online forum to share information and content regarding investments and investment services and tools; and (iii) other investment management services (collectively, the “GuardVest Services”). As a component of the GuardVest Services, we may send alert notifications to you from time to time.  Such alerts may include notifications of change of passwords, unauthorized access to your account, and/or other information related to your engagement of GuardVest.  While you may opt-out of such alerts, we recommend that you keep the alert notice option activated for your own protection.   
The Site is not intended to be used by anyone under the age of 18 or anyone under the legal age to form a binding contract in his or her jurisdiction, and GuardVest does not knowingly solicit information from any such person.  If you are under the age of 18, you are not permitted to use this Site.  
By accessing the Site, you acknowledge and represent that:  (i) you have read these Terms of Use, understand them, and agree to be bound hereby, and (ii) you are eligible permitted to view and use the information and materials and GuardVest Services as provided in this Site.  You may not violate or attempt to violate the security of the Site.  Tampering with any portion of the Site, providing untruthful or inaccurate information, misrepresenting your identity, or conducting fraudulent activities on the Site, directly or indirectly, are prohibited and constitute a breach of these Terms of Use.  Access to certain areas of this Site may be permitted only to authorized individuals with valid login information and assigned password.  If you are such a person, you are responsible for the use of your login and password, and therefore, you must take all the necessary steps to protect such information from unauthorized disclosure.  If you become aware of any unauthorized disclosure or access, you must immediately advise GuardVest.  
 

Your Permitted Use of the Site
This Site is intended to provide information and solutions related to the GuardVest Services and nothing herein shall constitute specific advisement with respect to any investment product, investment services, funds, securities, or investment managers.  Further, this Site and the information contained herein shall not be construed as any offer to sell or solicitation to buy any securities or related financial instruments in any jurisdiction.  You, by accessing and using this Site, are using the information and materials at your own risk and shall comply with all applicable laws and regulations.  
Subject to these Terms of Service, you may use the site to obtain GuardVest Services, including downloading and using any reports, analysis, and other materials provided by GuardVest.  Further, to interact with certain features on the Site, including participating in the web-based communications forum (“Forum”), you must create a public profile (“Public Profile”) through which you may provide certain information, comment, and other content (“User Content”).  In providing such User Content, you are solely responsible for the accuracy of your Public Profile and all such use of the Forum is at your own risk.  If you include any personal information in your Public Profile or Form, such information shall be deemed public.  
You acknowledge that GuardVest does not control your User Content or other content posted by other customers and/or third parties.  GuardVest does guarantee the accuracy, integrity or quality of such content.  You understand that you shall not post any User Content, which is false, misleading, fraudulent, offensive, indecent and/or objectionable.  The User Content also shall not include any materials or information, which infringes, violates, or otherwise misappropriates third party rights, including intellectual property rights.  You are responsible for complying with all laws applicable to your User Content and you shall  not use the Forum or provide any User Content to harass, threaten, disparage, or otherwise create any hostile environment for others, including solicitations and/or spam content.  GuardVest shall not be responsible for any claims or liabilities arising from your creation and/or use of the Public Profile or provision of User Content.  Further GuardVest reserves the right, at any time for any reason, in its sole discretion, to modify, use, amend, remove, or delete any User Content without any notice or liability to the poster.  In case of any claims of copyright violation, GuardVest follows the policies set forth in accordance with the Digital Millennium Copyright Act or DMCA (www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of GuardVest’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is: Steve Scanlon, 6117 Morningside Ave., Dallas, Texas.


Privacy Policy - Collection and Protection of Your Personal Information
This Privacy Policy pertains to any information that you submit to us through the Site, including through Public Profile.  To obtain access to certain services provided via the Site and/or request certain information regarding GuardVest directly via the Site, you may be requested to provide personal information, including, but not limited to, your name, E-mail address, and account access information for your investment portfolios and brokerage accounts (including account user name and password) (“Personal Information”).  In addition, if you link your brokerage/investment account to the Site and/or GuardVest Services, GuardVest may obtain and collect information from such institutions to provide you with the requested information, analysis, and/or reports. We may collect other information from you, including your name, age, salary, financial account information including financial institution, contributions, investment holdings and preferences, and contact information.  We keep records of our advisory service, which may include but are not limited to records of the advice that we provide to you, your use of our services, and your communications to us about our services.
You are expressly authorizing and licensing GuardVest to use all such Personal Information to provide you with the requested services, including accessing your personal investment accounts as held and/or managed by third party institutions.  You can choose not to provide this information and are not obligated to provide us with any such information, but that may affect your ability to obtain certain information or gain access to the requested pages/services on this Site.  In addition, we may collect your IP address, your company name, browser-related information, cookies, or other information that we can obtain using technology within the Site.  GuardVest will not sell or distribute such information to third parties; however, we may use such information for our internal business purposes, including sending you additional information and notices about GuardVest’s business and other services.  Further, this process may utilize “cookies”, which allow the Site to recognize prior visitors or use other methods to track visitor usage.  You can choose to deactivate this function; however, doing so may result in decreased efficiency in your use of the Site.   
To ensure that your Personal Information is adequately safeguarded, GuardVest has implemented reasonable measures to protect such information from unauthorized access.  Please be aware though that, despite our efforts, no security measures are perfect or impenetrable and it is possible that your Personal Information may be accessed without your permission.  Therefore, any submission of Personal Information to GuardVest is at your own risk.  
Any collection of credit card or other payment information, including processing of payments made by you electronically through the Site, is handled by a third party processer.  It is your responsibility to review the applicable policy regarding the processing of such information and payment. 


Use of Your Personal Information
Although your Personal Information will not be sold to third parties, GuardVest may use or share such information as a part of our normal business operations, e.g., processing your requests for information, reports, analysis, transactions, service, or to prepare investor disclosure materials, or to send you administrative communications either about your interactions with us or about features of the Site.  Specifically, GuardVest may maintain (i) personal information you submit in connection with creating and updating your profile; (ii) information you submit on or through the Forum; (iii) browser and other usage-related information, such as IP address, requesting URL, referring URL; and (iv) and cookies.  In addition, GuardVest may also share your information with third parties when you engage in certain activities on the Site that are sponsored by third parties, such as purchasing products or services offered by a third party, or electing to receive information or communications from a third party.  In addition, GuardVest may take any personal information that have been collected and use it generically for demographic studies or other purposes, either by combining it with information about other individuals (aggregating your information with information about other individuals), or by removing personally-identifiable characteristics (e.g., your name). Given the nature of this information, GuardVest expressly reserves the right to use and/or share this information with third parties.   
In the event of a transfer of ownership of GuardVest or a merger with another company, GuardVest reserves the right to transfer your Personal Information to the acquiring or merging party.  Upon such a transfer of ownership or merger, GuardVest or the acquiring or merging party will continue to have in place a protection system to keep your Personal Information from unauthorized disclosure.  But it shall be your responsibility, at all time, to review these Terms of Use for any modification.  Lastly, your personal information may be disclosed when such disclosure (a) is required by law (e.g., pursuant to a court order or subpoena); (b) will help to enforce our Terms of Use; or (c) protect the safety or security of you and/or others.    


Intellectual Property
This Site and all of its content, including all trademarks, service marks, trade names, and logos of GuardVest, LLC and its Affiliates, are owned by GuardVest.  Any other third party intellectual property, including all third-party trademarks, service marks, trade names, and logos,  used in this Site is owned by the respective third party, and GuardVest makes no representations of any kind with respect to such third-party intellectual property.  Nothing in this Site shall be deemed to convey upon you any right, title, or interest in any intellectual property except for the right to view and/or use the same pursuant to these Terms and of Use.  Further, except as expressly permitted in writing, no information or materials provided on the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way to third parties.  You may, for your own personal, non-commercial use only, download or print any information or materials displayed on this Site, provided you also retain all copyright and other proprietary notices contained on the materials.  You may not distribute, modify, transmit, reuse, report or use the content of this Site for public or commercial purposes, including the text, images, and/or audio and video, without GuardVest’s prior written permission.  Any unauthorized use of any Intellectual Property constitutes your breach of these Terms of Use and may also constitute an infringement under applicable laws for which you shall be solely liable.  
This Site may contain links to other websites and/or other third party content.  This is provided solely for your convenience, and GuardVest does make any representations or warranties with respect to such third party websites and/or information.  If you decide to access the linked third party website, you do so at your own risk.  GuardVest is not be responsible for any information, materials or services obtained on or from such other websites and will not be liable in any respect for any damages arising from your access of such websites.  The inclusion of these links does not imply any endorsement, representation or warranty by GuardVest with respect to any such website or the content or services contained through such websites.  Furthermore, you agree not to link any websites to this Site without the express prior written consent of GuardVest.


Disclaimers and Limitation of Liability
GuardVest makes no warranties or representations as to the accuracy of this Site or any information or materials provided herein.  Under no circumstances will GuardVest, its officers, directors, managers, employees, contractors, or any party involved in creating, producing, or delivering the Site be liable to you or any third party for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on this Site, even if a GuardVest authorized representative has been advised of the possibility of such damages.  Further, GuardVest will not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, images, video, or audio from this Site.
THE SITE AND ALL OF ITS CONTENTS ARE MADE AVAILABLE “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED.  ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, OR ACCURACY, SECURITY OF INFORMATION, OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND EXPRESSLY DISCLAIMED.  GUARDVEST MAKES NO WARRANTY THAT THE SITE WILL MEET ANY USER’S REQUIREMENTS.  USERS OF THE SITE ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY AND PERFORMANCE OF THE SITE AND ITS CONTENTS AND ACKNOWLEDGE THAT THE SITE AND ITS CONTENTS MAY BE REVISED, ALTERED AND CHANGED FROM TIME TO TIME IN THE SOLE DISCRETION OF GUARDVEST.  GUARDVEST DOES NOT REPRESENT OR WARRANT THAT ANY SITE CONTENT WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY SITE REFERRED OR LINKED TO HEREIN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
GUARDVEST ASSUMES NO LIABILITY FOR LOSS OR DAMAGE RESULTING FROM ANY USE OF OR RELIANCE UPON THE SITE OR ITS CONTENTS.  IN NO EVENT WILL GUARDVEST BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR CLAIMS (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE SITE, ITS CONTENTS, THE USE THEREOF, THE INABILITY TO USE THE SITE, OR THE USE OF THE GUARDVEST SERVICES ON OR THROUGH THE SITE, EVEN IF GUARDVEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.


Indemnification
You agree to defend, indemnify and hold GuardVest and its directors, officers, members, partners, principals, employees, agents and representatives harmless from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising in any way from (i) your use of the Site or Forum, or (ii) your breach or violation of law or any of these Terms of Use.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with any such defense at your own cost and risk.  


Miscellaneous
No waiver by GuardVest of any right under or term or provision of these Terms of Use will be deemed a waiver of any other right, term or provision of these Terms of Use at that time or any other time.  If any provision of these Terms of Use is found to be invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use represent and constitute the entire agreement between GuardVest and you relating to the subject matter discussed herein.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas.  You agree that any dispute or action at law or inequity arising out of or relating to these Terms of Use or your use of the Site shall be commenced only in the state or federal courts located in Texas, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such dispute or action.
You agree that any dispute with GuardVest concerning this Site, including any claims arising out of, relating to or in connection with the Terms of Service, shall be resolved exclusively through binding arbitration conducted under the Arbitration Rules and Procedures. The arbitration hearing shall be held in Dallas, Texas. Disputes shall not be resolved in any other forum or venue. You agree that the arbitrator shall apply the substantive law of the State of Texas.  Any award rendered by the arbitrator shall be final and binding, and judgment may be entered on it in any court of competent jurisdiction as provided by law.


Termination
These Terms of Use are effective until terminated by GuardVest, provided that you may terminate the Terms of Use at any time by destroying all information and materials obtained by you or on your behalf from the Site and all related documentation, copies, and installations whether made under these terms or otherwise.  Such termination by you will not be effective if GuardVest, in its sole discretion and without notice to you, determines that you failed to comply with any term or condition stated herein.  Upon termination of these terms you must destroy all information and materials obtained by you or on your behalf from the Site and all associated documentation, copies, and installation whether made under these terms or otherwise.
If you have any questions about this Site or these Terms of Use, you may contact GuardVest at http://www.guardvest.com/contact/.