Envestnet Website Terms and ConditionsEnvestnet Web Site Terms and Conditions
Binding Agreement
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. By using the
Envestnet Web site, you agree to be bound by the Terms and Conditions specified below, as they
may be amended from time to time. Envestnet Retirement Solutions, LLC ("Envestnet") reserves the
right to amend these Terms and Conditions at any time by posting the amended terms to this Web
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 site.
Copyright Restrictions/Use of Content
The materials hosted on the Envestnet site are protected by United States and international laws
regarding copyrights, trademarks, trade secrets, and other proprietary rights. You are authorized to
use the content on the Envestnet Web site 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 Web site only for lawful purposes. Unless specifically stated
otherwise, all information and material in this Web site 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 Web
site 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 Web site 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 Web site; (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 Web site or that you have a contractual obligation to keep confidential
(notwithstanding its availability on the Envestnet Web site).
Any content and/or opinions uploaded, expressed, or submitted to a message board, chat room, or
any other publicly available section of the Envestnet Web site, 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 Web
site, 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 Web site. You grant to Envestnet the right to use all such content you upload or otherwise
transmit to the Envestnet Web site in any manner Envestnet chooses, including but not limited to
copying, displaying or performing, or publishing it in any format whatsoever, and modifying it,
incorporating it into other material, or making a derivative work based on it.
Envestnet reserves the right, but does not assume any responsibility, to remove from the Envestnet
Web site any material posted by you on the Envestnet Web site 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 Web site nor ensure prompt action
with respect to objectionable material after it is transmitted on the Envestnet Web site. 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 Web site 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.
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 this Web site 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 Web site is provided for informational purposes only and shall not be construed to be
a recommendation to buy or sell securities. Nothing on this Web site 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 this
Web site is your sole responsibility. Envestnet does not represent, warrant, endorse, or guarantee
any advertised products or services, and the identification or listing of products, services, links, or
other information on the Envestnet site or any linked site does not constitute or imply any
sponsorship, affiliation, or recommendation by Envestnet. You assume all responsibility and risk
associated with the use of the Envestnet service and the Internet generally.
Disclaimer and Limitation of Liability
THE ENVESTNET SITE AND INFORMATION PROVIDED ON THE SITE IS 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 WEB SITE OR THE INFORMATION PROVIDED ON THAT WEB SITE 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. IN
NO EVENT WILL ENVESTNET OR ITS CONTRACTORS BE LIABLE FOR ANY DAMAGES OF
ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR
USE OF, OR INABILITY TO USE, THE ENVESTNET SITE OR ANY LINKED SITE, INCLUDING
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES,
INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES RESULTING FROM DELAY,
INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC
COMMUNICATIONS, OR ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
ENVESTNET WEB SITE OR THE CONTENT TRANSMITTED ON THE ENVESTNET WEB SITE,
WHETHER OR NOT THERE IS NEGLIGENCE BY ENVESTNET AND WHETHER OR NOT
ENVESTNET HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
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 Web site or the
delivery of products, services, or information over the Envestnet Web site, 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 this Agreement or
otherwise arising out of your use of the Envestnet Web site.
Privacy; Protection of Personal Information
Envestnet's use of your personal information is in accordance with our privacy policy and is
incorporated by reference into these Terms of Services.
Relationships
Employees of Envestnet may have relationships with investment managers listed on this Web site.
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 this site, such as message boards or
chat rooms) for internal use by Envestnet, its advertisers, or its business partners or in response to
solicitations on this site, will become Envestnet's property; you agree that all intellectual property
rights therein are transferred to Envestnet.
Compliance
This site is 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 shall be governed in all respects by and construed in accordance with
the laws of the State of Illinois, USA, without regard to its conflicts of law principles. 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 Web site, and no other terms
that may have been communicated to you orally or in any other manner shall have any force or
effect. Any cause of action you may have with respect to the Envestnet Web site must be
commenced within one (1) year after the claim or cause of action arises, or such claim or cause of
action is barred. Exclusive jurisdiction over any cause of action arising out of these Terms and
Conditions or your use of the Envestnet Web site shall be in the state or federal courts located in
Chicago. You agree to submit to the jurisdiction of such courts.
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.