InvestForLess Website

Introduction. Welcome to the InvestForLess website (the “Website”). The use of this website is subject to the terms and conditions in the Agreement (the “Agreement”). As used herein, the term “you” refers to the Website user who agrees to be bound by the terms of the Agreement. By clicking on the tab that says “I Agree,” and in consideration of the information and services made available on this website, you represent that you are who you claim to be, that you are at least eighteen years of age, and that you agree to be bound by the terms and conditions set forth in the Agreement. If you do not intend to be bound by the terms of the Agreement, do not use the InvestForLess website.

Purpose of Website. This website has been designed to help you make investment decisions and, if applicable, to access the account(s) you maintain in connection with your InvestForLess membership. InvestForLess, LLC (“InvestForLess”) is an investment adviser registered under the Investment Adviser’s Act of 1940 (the “Act”). InvestForLess will make information available to its members on the InvestForLess website and may provide investment advice in connection therewith, including, but not limited to, advice concerning the relative advantages and disadvantages of investing in securities in general as compared to other investments.

Scope of Agreement. The Agreement governs the use of the InvestForLess website and applies to all electronic or other content therein, including investment tools and other services such as the Calculators, My Dashboard, Client Alerts, Presentations, and Webinars, as well as any features or content InvestForLess may add in the future. The terms of the Agreement are supplemental to the terms of any advisory agreement(s) or other agreement(s) you entered into with InvestForLess or any Third-Party Service Provider (see paragraph 16), including but not limited to the custodian (“Custodian”).

Electronic Signatures. By clicking "I Agree" you will be providing your electronic signature to affirm that:

you intend and understand that the Agreement is a legally binding agreement and the equivalent of a written contract containing your handwritten signature;

you will use all InvestForLess services and the Website generally, in a manner consistent with applicable laws and regulations, and in accordance with the terms and conditions of the Agreement and any other applicable contracts, rules, guidelines, or other conditions that govern your relationship with InvestForLess; and

you understand, accept, and acknowledge receipt of the Agreement, a copy of Part II of the InvestForLess Form ADV, and you acknowledge and demonstrate that you can access the InvestForLess website, including the disclosures available there.

Electronic Communication and Delivery of Documents. You agree to accept all communications from InvestForLess regarding use of the website or otherwise at the physical and e-mail address(es) you provided in connection with your InvestForLess membership. You agree to update any changes to your address(es) by using the appropriate website link or by advising us in a writing sent to the InvestForLess headquarters. You hereby waive all claims resulting from any failure to receive communications because of changes to your e-mail or physical address(es). Becoming an InvestForLess member grants InvestForLess permission to communicate with you by e-mail or other electronic means for any purpose, including: (i) information regarding the Agreement and any amendments or modifications to the Agreement; (ii) any disclosur(es) relating to the InvestForLess website or membership; (iii) any customer service communication(s); and (iv) any other communication. You agree that all such communication is deemed to be “in writing.” You acknowledge that the internet is not a secure network and that communications transmitted over the internet, including but not limited to e-mail, may be accessed by unauthorized or unintended third parties. You agree to be bound by any affirmation, assent, or agreement you transmit through the InvestForLess website you access by computer or other electronic device, such as internet, telephonic and wireless devices, including, but not limited to, any consent you give to receive communications from InvestForLess solely through electronic transmission. You agree that by clicking on an "I agree," "I consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other device, your agreement or consent to the Terms of Use or otherwise will be legally binding, enforceable, and the legal equivalent of your handwritten signature.

Use of InvestForLess Services. You agree to use the Website only in connection with your personal investment needs and in a manner consistent with the Agreement and all applicable laws, rules, and regulations.

Restrictions on Use. You agree not to use the Website for any purpose or in any manner that is unlawful, tortious, abusive, intrusive on the privacy of any person(s), defamatory, libelous, harassing, obscene, threatening, or hateful or that violates the Agreement or any legal standard or applicable rule or regulation. You further agree not to upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights. You will not use the Website for any commercial purpose not expressly approved in writing by InvestForLess. You will not upload, post, e-mail, or otherwise transmit any advertising, promotional, or other materials, or any form of solicitation or unauthorized communication. You will not upload, post, e-mail, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software, hardware, or any telecommunications equipment.

Availability. InvestForLess makes no promises or guarantees as to the availability of access to the Website generally or at any particular time. Access to the Website shall at all times be subject to limitations or unavailability that may be caused by peak demand, market volatility, system upgrades, or other reasons. InvestForLess reserves the right to suspend and deny access to the Website at any time and for any reason, without prior notice to you. InvestForLess will not be liable for the unavailability, delay, or failure of the website or any media incorporated therein or available through the website, at any particular time or for the accessibility of transmission quality, outages to, or malfunction of any internet access or protocol, telephone circuits, computer system or software. In the event that the Website is unavailable at a time you wish to transact any business in an account held by an InvestForLess custodian or other account you maintain with any other broker-dealer, you agree to contact such broker-dealer directly to transact such business.

Password Security. When you become an InvestForLess member you will be required to choose a user name and password, which will enable you to access to the “Members” section of the Website. You are solely responsible for maintaining the security of any user name(s), screen name(s), and password(s) you establish or use in connection with or to access the InvestForLess website or otherwise to conduct business, including, but not limited to, transacting business in securities, through the Website. You agree that you will not disclose any such user name(s), screen name(s), or password(s) to others and that you shall be solely responsible for all transactions initiated, messages posted, statements made, or acts or omissions that are facilitated by the use of such user name(s), screen name(s), and password(s) on the Website. You are also solely liable for any loss, damage or injury, financial or otherwise, resulting from any misuse of such user name(s), screen name(s) and password(s).

Unauthorized Use of Member Page. If you think that someone has gained unauthorized access to your member page or made unauthorized use of your user name(s), screen name(s) or password(s), immediately contact InvestForLess at 1.888.537.7250.

No Personalized Investment Advice. The InvestForLess website will provide you with access to general educational information, including seminars, investment tools, web-based programs, videos, investment research, general recommendations, including advice concerning the relative advantages and disadvantages of investing in securities in general as compared to other investments, recommended lists, and other investment advice. InvestForLess will not provide any personal or individual investment advice or recommendations as to specific securities, insurance policies, annuities, or other investments, except as specifically agreed on between you and InvestForLess. You understand that neither InvestForLess nor its representatives will exercise any discretionary authority with respect to the Account or transactions and that all investment decisions are your sole responsibility.

Calculators. The information provided by the calculators available on the InvestForLess website is for illustrative purposes only. The accuracy of such calculators and the calculated results are not guaranteed. The default figures shown are hypothetical and may not be applicable to your individual situation. You should consult a financial professional prior to relying on any results or information obtained in connection with your use of the calculators.

Dashboard – Investment Analysis Tool. The “My Dashboard” feature available on the Website is provided by a Third-Party Service Provider (see paragraph 16) and does not constitute individualized financial planning or investment recommendations of any kind. The “My Dashboard” feature is intended to assist you and/or your financial advisor (who is not an InvestForLess employee) in understanding your personal values and investment goals. The “My Dashboard” feature utilizes assumptions about inflation, financial market returns and other variables, and the relationships among such variables. These assumptions were derived from analysis of historical data. The projections or other information generated by the “My Dashboard” feature regarding the likelihood of various investment outcomes are hypothetical, do not reflect actual investment results, and are not guarantees of future results. Results may vary with each use and over time. You and your financial advisor may wish to utilize the “My Dashboard” feature to assist you in designing an investment strategy suited to your goals and financial situation. Unlike financial planning, however, the “My Dashboard” feature does not include a detailed analysis of insurance, real estate investment, or savings strategies. It also does not cover estate and tax planning. If you desire the benefits of a broad, comprehensive financial planning service, talk to a Financial Advisor about purchasing a comprehensive financial plan.

Hyperlinks. The Website may include hyperlinks to third-party websites not owned or operated by InvestForLess, including, but not limited to, the custodian's website. You acknowledge that such other websites or locations are not controlled of InvestForLess and you agree that InvestForLess shall not be responsible for any information or other hyperlinks found at any such website or internet location. Such links are provided only as a convenience to you and InvestForLess has not tested any software or verified any information found at any such site. That InvestForLess has provided a link to another site does not signify an endorsement of the site or its contents by InvestForLess. There are inherent risks in the use of any software or information found on the internet and you acknowledge that you understand these risks before making any use of the Website, including, but not limited to, hyperlinks. InvestForLess expressly disclaims responsibility for all content and the availability of such other websites and shall not be responsible or liable for any loss, damage or injury, financial or otherwise, resulting from your use of or reliance on such third-party websites.

Cookies. You acknowledge that "cookies" and other similar identification techniques are used to associate you with the computer or electronic device that you use to access the Website and you hereby authorize the use of “cookies” in connection with your use of the Website. If you access the Website from a public location or if you otherwise share a computer or electronic device, some personalization features could result in non-public personal information about you becoming available to others. You alone are responsible for deciding whether any available personalization feature is appropriate for you and for all consequences that follow from such decision.

Use of Third-Party Service Providers. InvestForLess may use Third-Party Service Providers to assist in providing certain services with or without notice to you (each a "Third-Party Service Provider"). InvestForLess may also change Third-Party Service Providers or may itself provide services without the assistance of any third party. You consent and authorize InvestForLess to delegate the authorizations you provide to InvestForLess to its Third-Party Service Provider(s) as InvestForLess deems necessary or desirable to provide the applicable service to you. You agree that the Agreement’s terms and conditions inure to the benefit of such Third-Party Service Providers and such Third-Party Service Providers are intended to be third-party beneficiaries of the Agreement, including any other terms, conditions, warranty disclaimers, and liability disclaimers incorporated into the Agreement. You also agree that all references to "InvestForLess" within the Agreement and any incorporated terms are also deemed to include, where applicable, Third-Party Service Providers. To protect the privacy and security of your personal information, Third-Party Service Providers will only be authorized to use or maintain your personal information in accordance with the InvestForLess privacy policy.

Securities Markets Data. You understand that neither InvestForLess nor any Third-Party Service Provider guarantees or makes any warranty of any kind, express or implied, regarding the timeliness, sequence, accuracy, or of completeness of any securities market(s) data available through the Website (“Data”). You agree that InvestForLess is not liable for any loss, damage, or injury, financial or otherwise, including lost opportunity or profits, arising out of or relating to: (i) any inaccuracy, defect, or omission of the Data; (ii) any error or delay in the transmission of Data; or (iii) interruption in any Data, due to any cause whatsoever. You understand that each data provider may assert a proprietary interest in all Data it furnishes to the parties that disseminate Data. You may use Data, including, but not limited to, real time price quotes, only for your individual, non-business use. You agree not to provide Data to any person or entity. You understand and agree that the data providers may enforce the terms of the Agreement directly against you.

Monitoring By InvestForLess. InvestForLess is entitled, but not obligated, to review and retain all communications, data, and information you input into or through the Website, which includes communication, data and information you provide to any Third-Party Service Provider. InvestForLess and its Third Party Provider(s) may monitor such communication, data, and information for any lawful purpose. You agree that such monitoring activities will not entitle you to any right whatsoever, including with respect to the manner in which InvestForLess or any Third-Party Service Provider(s) monitor such communication, data, and information and enforce or fail to enforce any internal policies or the terms of the Agreement. In no event will InvestForLess or any Third-Party Service Provider(s) be liable for any loss, damage, or injury, financial or otherwise or any other liabilities incurred by you as a result of any monitoring activities.

Hardware and Software Requirements. You understand and acknowledge that you are solely responsible for installation, maintenance, and operation of hardware, (i.e., computers, modems, hard drives, other electronic devices, and telephone connection equipment); and software (i.e., an Internet browser sufficient to allow secure use of the Website) that enables your use of the Website.

You are and remain solely responsible for paying all charges related to your access of the InvestForLess website.

Modifications, Suspensions and Termination of InvestForLess Services. InvestForLess and its Third-Party Service Provider(s) reserve the right to temporarily or permanently discontinue your access to the Website and to modify its content (or any part thereof) with or without notice. However, in many cases you may receive notice next time you log on. You agree that InvestForLess and its Third-Party Service Provider(s) will not be liable to you for any such suspension, discontinuance, or modification of the Website.

Modification or Assignment of Agreement. InvestForLess may modify the terms of the Agreement at any time, upon written notice to you. Any such modification shall be effective on the date indicated in such notice and you agree that if you continue to use the InvestForLess Website after any such change, you will be bound by the Agreement, as amended. InvestForLess may assign its rights and duties under the Agreement to any of its successors, subsidiaries, or affiliates without notice to you or to any other entity upon written notice to you. You may not assign any rights and obligations under the Agreement without first obtaining the prior written consent of InvestForLess, which may be granted or withheld at the sole discretion of InvestForLess. Any purported assignment in violation of the Agreement will be void.

No Warranties. InvestForLess makes no warranties with respect to any use of the Website. InvestForLess and its Third-Party Service Providers disclaim all warranties, either express or implied, including but not limited to implied warranties of accuracy, fitness for a particular purpose, merchantability, non-infringement, and otherwise.
Although InvestForLess and its Third-Party Service Providers endeavor to provide accurate and timely information on and through the Website, the Website may contain inaccuracies or other errors. The information provided through the Website is provided "as is" and "as available." InvestForLess does not warrant the accuracy, completeness, or timeliness of any information, text, graphics, links, or other items on the Website. InvestForLess provides no guarantee against the possibility that personalized settings, communication or other data will be compromised or deleted. InvestForLess expressly disclaims all liability for errors or omissions in, or the misuse or misinterpretation of any information on the InvestForLess website. InvestForLess may change information on the Website at any time and makes no commitment to update any information contained on or accessible through the Website. You assume the entire risk as to the use of the Website.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. You may have other rights which vary from state to state.
Any material downloaded or otherwise obtained through the use of the Website is downloaded or otherwise obtained at your discretion and risk and you are solely responsible for any damage to your computer or other electronic system and/or for any loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained from InvestForLess or through the Website will create any warranty not expressly stated in this section 22.

Indemnification and Limitation of Liability. You agree to indemnify and hold InvestForLess and its agents, employees, and licensors, including Third-Party Service Providers, harmless from any claim for damages, including loss, cost and/or expense (including attorneys' fees) made by any person arising out of your violation of the Agreement, state or federal laws (including, but not limited to, the Act) or rules and regulations, or any other person's rights, including but not limited to infringement of any copyright or violation of any proprietary or privacy right.
Under no circumstances, including but not limited to any negligent act, will InvestForLess or its agents, employees, or licensors, including Third-Party Service Providers, be liable for any loss, damage, or injury, financial or otherwise that results from the use of, or the inability to use, the Website, even if any such party has been advised of the possibility of such loss, damage, or injury. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Under no circumstances will InvestForLess or any Third-Party Service Provider be liable to you or any third party for any tort, contract or any other liability arising in connection with the use of the Website, or reliance on any information or services provided on or through the Website. InvestForLess and the Third-Party Service Providers will under no circumstances be liable to you and/or any third party, regardless of the form of action, for any loss of profits, goodwill, use, data or other intangible losses, or any direct, indirect, special, consequential, incidental or punitive damages whatsoever. This limitation of liability shall apply to any and all facts that could give rise to any cause of action, including, but not limited to: (i) the use or the inability to use the Website; (ii) the timeliness, deletion, mis-delivery, or failure to store any user data, communications, or personalized settings; (iii) the cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into, through, or from the Website; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of anyone on the Website; (vi) the use, inability to use, unauthorized use, performance, or non-performance of any third party, even if the third party has been advised previously of the possibility of such damages; or (vii) any other matter relating to the Website. Said limitations shall apply even if InvestForLess or a Third-Party Service Provider has been advised of the possibility of such damages. You agree that you will not in any way hold InvestForLess or its Third-Party Service Provider responsible for any selection or retention of, or the acts or omissions of, third parties, including Third-Party Service Providers, in connection with the Website.
Because some states prohibit the limitation of liability for consequential or incidental damages, the limitation of liability with respect to consequential or incidental damages may not apply to you. You agree that the respective liability of InvestForLess and its Third-Party Service Providers, employees, distributors, and agents is limited to the maximum extent allowable under applicable law in those states.
In the event that a court or arbitration panel should hold that the limitations of liabilities or remedies available as set forth in the Agreement, or any portions thereof, are unenforceable for any reason, or that any of your remedies under the Agreement fail then you expressly agree that under no circumstances will the total, aggregate liability of InvestForLess and its Third-Party Service Providers, employees, distributors, agents, or affiliates, to you or any party claiming by or through you for any cause whatsoever exceed five hundred dollars (U.S.), regardless of the form of action and whether in contract, statute, tort or otherwise.

Waiver. Any failure by InvestForLess to insist at any time on strict compliance with the Agreement or with any of the terms of the Agreement or any continued course of such conduct on its part will not constitute or be considered a waiver by InvestForLess of any of its rights or privileges.

Force Majeure. The performance of the Agreement by InvestForLess and the Third-Party Service Providers is subject to acts of God, war, terrorism, government regulations, disaster, fire, strikes, civil disorder, curtailment of transportation facilities, and all other causes beyond the control of InvestForLess or any Third-Party Service Provider. Neither InvestForLess nor any Third-Party Service Provider shall have any liability to you for any such failure.

Intellectual Property. Your use of the Website will not confer any title, ownership interest, or intellectual property rights on you.

Trademarks and Copyrights. All information and other data accessible on or through the Website that is protected under any U.S. patent and copyright law(s), international treaties or conventions, or any other law(s), will remain the exclusive property of those for whom such protection is intended. Company names, logos, and all related product and service names, design marks, and slogans of InvestForLess, and all Third-Party Service Providers, are the property of the respective company. You are not authorized to use any such names, logos, or related product and service names, design marks, or slogans in any advertising, publicity, or any other commercial manner or otherwise, without the express written consent of InvestForLess.

Governing Law, Jurisdiction and Venue. The Agreement, and all the terms herein shall be governed by and construed in accordance with the laws of the State of Virginia without giving effect to any conflict or choice of law provisions of the State of Virginia. The parties to the Agreement hereby irrevocably consent to the personal jurisdiction of the courts of the State of Virginia located in Alexandria, Virginia, including, but not limited to, the Alexandria Circuit Court, and of the United States District Court for the Northern District of Virginia (collectively the “Courts”) in any action to enforce, interpret, or construe any provision of the Agreement or of any other agreement or document delivered in connection with the Agreement. The parties hereby irrevocably waive any defense of improper venue or forum non conveniens to any such action brought in either of those Courts. The Parties further irrevocably agree that any action to enforce, interpret or construe any provision of the Agreement will be brought only in the Courts and not in any other court.

Headings. All paragraph headings in the Agreement are for convenience of reference only, do not form part of the Agreement, and shall not affect in any way the meaning or interpretation of the Agreement.

Enforceability and Waiver. If any part of the Agreement is unlawful, void, or unenforceable by statute, rule, regulation, decision of a tribunal, or otherwise, it shall not affect the validity or enforceability of the remainder of the Agreement. To this extent, the provisions of the Agreement shall be deemed to be severable. No failure by InvestForLess to strictly enforce any provision(s) of the Agreement shall constitute a waiver of its rights and privileges hereunder.

Survival. You agree that all rights and remedies that inure to InvestForLess and its Third-Party Service Providers in connection with the Agreement, including, but not limited to, the limitations of the liability of InvestForLess and its Third-Party Service Providers and your obligation to indemnify InvestForLess and the Third-Party Service Providers, are continuing and shall survive the termination of the Agreement.

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