Verger Capital Management LLC Terms of Use for Website 

THIS TERMS OF USE AGREEMENT (“TERMS”) IS A BINDING AGREEMENT BETWEEN YOU AND VERGER CAPITAL MANAGEMENT LLC (“VERGER”).  BY USING OR ACCESSING THIS SITE AT [WWW.VERGERCAPITAL.COM] (“SITE”), YOU AGREE TO BE BOUND BY THESE TERMS.  YOUR USE OF THIS SITE IS GOVERNED BY THE VERSION OF THE TERMS IN EFFECT ON THE DATE THE SITE IS ACCESSED BY YOU.  VERGER RESERVES THE RIGHT TO AMEND, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME FOR ANY REASON. SUCH CHANGES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. YOU ACKNOWLEDGE THAT BY ACCESSING THIS SITE AFTER WE HAVE POSTED CHANGES TO THESE TERMS, YOU ARE AGREEING TO THESE TERMS, AS MODIFIED.  THESE TERMS ARE IN ADDITION TO ANY OTHER AGREEMENTS BETWEEN YOU AND VERGER, INCLUDING ANY CLIENT OR ACCOUNT AGREEMENTS, AND ANY OTHER AGREEMENTS THAT GOVERN YOUR USE OF INFORMATION, CONTENT, TOOLS, PRODUCTS AND SERVICES AVAILABLE ON THIS SITE.

 

Disclaimer and Limitation of Liability

The information on this Site is for informational purposes only, unless you and Verger have agreed otherwise in writing. Although Verger may provide data, information, and content relating to investment approaches and opportunities to buy or sell securities and/or investment products, neither the information, nor any opinion, contained on this Site constitutes a solicitation or offer by Verger or its affiliates to buy or sell any securities, 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.  You alone bear the sole responsibility of evaluating the merits and risks associated with the use of any information on this Site before making any decisions based on such information. You should not construe any such information or other content available through this Site as investment, legal or tax advice. 

All content on this Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons.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.

In consideration of your access to and use of the information on this Site, you agree to indemnify and hold Verger, its officers, directors, employees, affiliates, agents, licensors and suppliers harmless against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of this Site, from your violation of these Terms or from any decisions that you make based on such information.  

 

Information for Investors Outside of the United States

This Site is intended to be made exclusively to individuals in the United States, and the information on this Site is only for such persons.  

 

Limited Grant of License

Verger grants you a limited, revocable, nonexclusive and nontransferable right to view, store, bookmark, download, copy and print pages from this Site for your personal and noncommercial use conditioned upon your continued compliance with these Terms.  To the extent you download or copy any content from this Site, you agree you will not remove or obscure any copyright or other notices or legends contained in any such content. This is a grant of a license to use, not a transfer of title of, any content found on this Site.  Verger reserves the right to change or modify this grant of license at any time.

If you link other websites to this Site, you may not imply or suggest that Verger has endorsed or is affiliated with such websites and you may not display this Site as “framed” within another website.

 

Restrictions on Use

Except as otherwise stated in these Terms, or pursuant to express written authorization by Verger, you may not:

• Modify, reproduce, distribute, post, publish, broadcast, license, sell, or export any information or content, in whole or in part, found on this Site;
• Engage in any conduct that would interfere with another party’s use of the Site;
• Use this Site in any manner that could damage or overburden any Verger equipment or software, use any means of systematic retrieval of data or other content from this Site, obtain, or attempt to obtain, access to any material or information on this Site that is protected by passwords, PIN or required login identification through any means not expressly authorized by Verger, or use the login information of another person, unless they specifically authorized you to do so; or
• Use this Site or the contents of this Site in any manner that would create an impression of affiliation, sponsorship, or endorsement by Verger.

 

Privacy Policy

Please review Verger’s Privacy Policy.  

 

Third Party Content

 

Any information and other materials appearing on this Site that are provided by third parties are, unless otherwise stated, believed by Verger to be obtained from reliable sources, but Verger cannot guarantee and is not responsible for their accuracy, timeliness, completeness, or suitability for use. Verger is not responsible for and does not prepare, edit, or endorse the content, advertising, products, or other materials on or available from any site owned or operated by a third party that is linked to this Site via hyperlink. By providing access to other sites, neither Verger nor any of its affiliates is recommending the purchase or sale of the stock issued by any company, nor are they endorsing services provided by any site’s sponsoring organization.  You will use any such third party content at your own risk.  

 

You agree that Verger is not liable for any loss or damage that you may suffer by using third party Sites or any content, advertising, products, or other materials in connection therewith.

 

Warranty Disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, VERGER AND ANY OF ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY INFORMATION PROVIDERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY, WITH RESPECT TO (I) THE SITE; (II) ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITE; (III) USE OF THE SITE, MATERIALS, PRODUCTS, OR SERVICES; AND (IV) THE RESULTS OF THE USE OF THE SITE, MATERIALS, PRODUCTS, OR SERVICES.

FURTHER, VERGER AND ANY OF ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY INFORMATION PROVIDERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE THROUGH THIS SITE.

EXCEPT AS PROVIDED BY LAW, NEITHER VERGER NOR ITS THIRD-PARTY INFORMATION PROVIDERS AND VENDORS HAS ANY RESPONSIBILITY TO MAINTAIN THE MATERIALS, PRODUCTS, OR SERVICES OFFERED ON THE SITE OR TO SUPPLY CORRECTIONS, UPDATES, OR RELEASES FOR THE SAME.

TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

 

Governing Law

Use of this Site shall be governed by and construed in accordance with the laws of the State of North Carolina without giving effect to any principles of conflicts of laws, unless otherwise specified. The Uniform Computer Information Transactions Act or any substantially similar law, if enacted, will not govern any aspect of these Terms of Use, your access to this Site.

 

Jurisdiction and Venue 

If any claim or dispute under these Terms of Use is not subject to arbitration, then exclusive jurisdiction and venue shall be with a court of competent jurisdiction in the Middle District of North Carolina. You consent to the jurisdiction of such courts and agree to accept service of process issued by such courts.

 

Severability

If any provision of these Terms of Use is unlawful, void or unenforceable, the remaining provisions shall remain valid and in effect to the fullest extent possible.

 

Waivers

Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by an authorized representative of Verger. Any delay or omission by Verger to exercise any rights under these Terms of Use shall not be construed to waive any rights.

 

Conflicts

In the event of a conflict between these Terms of Use and any separate agreement with Verger, the separate agreement shall control.

 

Termination

You acknowledge and agree that Verger may restrict, suspend, or terminate these Terms of Use or your access to, and use, of all or any part of the Site, including any links to third-party sites, at any time, with or without cause, including but not limited to any breach of the Terms of Use, in Verger’s absolute discretion and without prior notice or liability. The relevant version of the Terms of Use shall continue to apply to all prior use of the Site. The following paragraphs of this Terms of Use shall survive termination of your use or access to the Site: paragraphs concerning Disclaimer and Limitation of Liability, Warranty Disclaimers, Termination, Governing Law, and any other provision that by its terms survives termination of your use of or access to the Site.