Legal

Envestnet Terms and Conditions of Use

Binding Agreement

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. By using the Envestnet website, software, platforms, products and/or services (collectively, the “Envestnet Services”), you agree to be bound by the Terms and Conditions specified below, as they may be amended from time to time. Envestnet Asset Management, Inc. and its affiliates, including Envestnet Financial Technologies, Inc., Envestnet Portfolio Solutions, Inc., Envestnet Retirement Solutions, LLC, FDX Advisors, Inc., Folio Dynamics Inc. (doing business as FolioDynamix), MoneyGuide, Inc., QRG Capital Management, Inc., and Tamarac Inc. (collectively, "Envestnet") reserves the right to amend these Terms and Conditions at any time by posting the amended terms to this site. Your continued use of the Envestnet site constitutes acceptance of the amended terms. If you do not agree with these Terms and Conditions (as amended from time to time) or are dissatisfied with the Envestnet site or any other terms, conditions, rules, policies, guidelines, or practices of Envestnet, your sole and exclusive remedy is to discontinue using the Envestnet Services.

Copyright Restrictions/Use of Content

The materials hosted within the Envestnet Services are protected by United States and international laws regarding copyrights, trademarks, trade secrets, and other proprietary rights. You are authorized to use the content within the Envestnet Services for internal business purposes only. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit, or distribute any of the material on this site without the prior written consent of Envestnet, except as follows. You may store copies of such materials temporarily in RAM and may store files that are automatically cached by your web browser for display enhancement purposes, and you may print a reasonable number of pages of the Envestnet web site for internal business purposes, provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither title nor intellectual property rights to any information or material in this site are transferred to you, but remain with Envestnet or the applicable owner of such content.

Trademarks

The term "Envestnet" is a trademark, and the "Envestnet" logo and all related product and service names, designs, and slogans are the trademarks or service marks of Envestnet, Inc. All other product and service marks on this site are the trademarks of their respective owners.

Use of Envestnet Web Site; Uploading Information

You agree to use the Envestnet Services only for lawful purposes. Unless specifically stated otherwise, all information and material in the Envestnet Services are made available only for the purpose of providing information.

Specifically you agree not to do any of the following: (i) upload to or transmit on the Envestnet Services any defamatory, indecent, obscene, harassing, excessively violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (ii) use the Envestnet Services to violate the legal rights (including the rights of publicity and privacy) of others; (iii) intercept or attempt to intercept electronic mail not intended for you; (iv) misrepresent an affiliation with any person or organization; (v) restrict or inhibit other Subscribers' use of the Envestnet Services; (vi) upload or otherwise transmit files that contain a virus or otherwise corrupted data; or (vii) download a file or software or include in a message any software, files, or links that you know, or have reason to believe, cannot be distributed legally over the Envestnet Services or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Envestnet Services).

Any content and/or opinions uploaded, expressed, or submitted to a message board, chat room, or any other publicly available section of the Envestnet Services, and all articles and responses to questions, other than such content provided by Envestnet, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Envestnet. You understand and acknowledge that you are responsible for whatever content you submit, and you, not Envestnet, have full responsibility for such content, including its legality, reliability, and appropriateness. By uploading or otherwise transmitting material to any area of the Envestnet Services, you warrant that the material is your own, is in the public domain, or otherwise free of proprietary or other restrictions and that you have the right to use it, including by posting it to the Envestnet Services.

Envestnet reserves the right, but does not assume any responsibility, to remove from the Envestnet Services any material posted by you on the Envestnet Services that Envestnet, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Envestnet has been notified, or has reason to believe, constitutes a copyright infringement. However, Envestnet can neither review all material prior to transmission on the Envestnet Services nor ensure prompt action with respect to objectionable material after it is transmitted on the Envestnet Services. Accordingly, Envestnet assumes no liability for any action or inaction regarding transmissions, communications, or other content that is provided by third parties.

Your failure to comply with the above provisions may result in the termination of your subscription to the Envestnet Services and may expose you to civil and/or criminal liability.

Content

The information contained herein has been obtained from sources believed to be reliable, but its accuracy and completeness are not guaranteed. Envestnet reserves the right at any time and without notice to change, amend, or cease publication of the information. It has been prepared solely for informative purposes. Envestnet may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

Envestnet’s independent third-party data providers are third-party beneficiaries to your relationship with the Envestnet Services and may impose additional restrictions on usage of information obtained from those providers from time to time. Advisor can view current restrictions that third-party data providers have supplied to Envestnet at https://www.envestnet.com/third-party-terms-of-use, which is incorporated herein by reference and for which “Licensee” therein shall refer to you. Should any third-party data provider determine proper licenses are not in place, at any time, Envestnet may be asked to shut off access to their information to you within the Envestnet Services and shall do so. In such cases, you shall not be able to reestablish access to that information unless and until the third-party data provider in question authorizes Envestnet to establish your access.

News feeds, market quotes, and other links on this web site are provided by independent third parties and are not guaranteed to be accurate, complete, or timely. Neither Envestnet nor independent third-party providers shall have any liability, contingent or otherwise, for the accuracy, completeness, timeliness, or correct sequencing of the information, or for any decision made or action taken by you in reliance upon the information. The news, market quotes, and links provided are shown for your convenience only. Linked sites are independent and are not owned or operated by Envestnet. Envestnet does not endorse any linked sites, nor does Envestnet guarantee the timeliness, accuracy, completeness, or adequacy of any information posted on the linked sites. Envestnet does not necessarily agree with any opinion, outlook, or forecast stated on any linked site. Envestnet reserves the right to terminate, modify, or change the links, news sources, and market quote sources at any time without notice.

Performance data contained on the Envestnet Services represents past performance, and the investment return and principal value of an investment will fluctuate over time and may be worth more or less than their original cost. Any historical performance quoted should not be viewed as representative of future performance.

No Recommendation

The Envestnet Services are provided for informational purposes only and shall not be construed to be a recommendation to buy or sell securities. Nothing in the Envestnet Services shall be considered a recommendation or solicitation to buy or an offer to sell a security to any person in any jurisdiction where such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. Any investment decisions you may make on the basis of any information found on the Envestnet Services is your sole responsibility.

Disclaimer and Limitation of Liability

THE ENVESTNET SERVICES AND INFORMATION PROVIDED WITHIN THE ENVESTNET SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NEITHER ENVESTNET NOR ANY PERSON ASSOCIATED WITH ENVESNET MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE ENVESTNET SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER ENVESTNET NOR ANYONE ASSOCIATED WITH ENVESTNET WARRANTS OR REPRESENTS THAT THE ENVESTNET SERVICES OR THE INFORMATION PROVIDED WITHIN THE ENVESTNET SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, AND UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE ENVESTNET SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE ENVESTNET SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ENVESTNET DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

SOME OF THE FOREGOING EXCLUSIONS ARE NOT PERMITTED IN CERTAIN STATES OR COUNTRIES.

Indemnification

You agree to indemnify and hold harmless Envestnet, its affiliates, agents, third-party information providers, merchants, licensors, and others involved in the delivery of the Envestnet Services or the delivery of products, services, or information over the Envestnet Services, and their respective officers, employees, and directors, from and against any and all liabilities, expenses, damages, and costs, including reasonable attorney's fees, resulting from any violation by you of these Terms and Conditions or otherwise arising out of your use of the Envestnet Services.

Privacy; Protection of Personal Information

Envestnet's use of your personal information is in accordance with our privacy policy available at https://www.envestnet.com/privacy and is incorporated by reference into these Terms and Conditions.

Relationships

Employees of Envestnet may have relationships with investment managers listed within the Envestnet Services.

Comments and Submissions

Envestnet welcomes your comments. All comments, suggestions, or other information sent by you to this site (other than postings to publicly available portions of the Envestnet Services, such as message boards or chat rooms) for internal use by Envestnet, its advertisers, or its business partners or in response to solicitations to Envestnet, will become Envestnet's property; you agree that all intellectual property rights therein are transferred to Envestnet.

Compliance

The Envestnet Services are operated from a site in the State of Illinois, USA. Envestnet makes no representation that materials in this site are appropriate or available for use in other locations. If you access this site from other locations, you are responsible for complying with local laws.

Contact

Please contact Envestnet at 888.612.9300 or e-mail to info@envestnet.com if you become aware of any content that you believe to be in violation of these Terms of Services, including, without limitation, claims that any content on the Envestnet Web site infringes the copyright of a third party.

Miscellaneous

These Terms and Conditions, as they may be amended from time to time, completely and exclusively state the agreement between you and Envestnet with respect to the Envestnet Services. Any cause of action you may have with respect to the Envestnet Services must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred.

If any part of these Terms and Conditions is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms and Conditions shall remain in full force and effect.

Envestnet's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Envestnet nor any trade practices shall be deemed to modify these Terms and Conditions.