Ivy Distributors, Inc., Ivy Investment Management Company and their respective affiliates (collectively, “Ivy”, “we”, “us” or “our”) require all visitors to ivyinvestments.com (the “Website”) to agree to the following terms and conditions (the “Terms”).
READ THESE TERMS CAREFULLY BEFORE USING THE CONTENT AVAILABLE AT THE WEBSITE OR OTHERWISE ACCESSING THE WEBSITE. BY ACCESSING THIS WEBSITE OR USING THE AVAILABLE CONTENT, YOU REPRESENT THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AN AUTHORIZED USER AND YOU MAY NOT ACCESS THIS WEBSITE.
WE RESERVE THE RIGHT TO MODIFY, ADD TO OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME FOR ANY REASON BY POSTING A NEW VERSION OF THESE TERMS AT THE WEBSITE. YOU SHOULD REVIEW THESE TERMS PERIODICALLY FOR CHANGES. THE NEW VERSION OF THESE TERMS WILL BE EFFECTIVE ON THE DATE WE POST THE NEW VERSION, WHICH WILL BE SET FORTH AT THE TOP OF THE PAGE. BY ACCESSING THIS WEBSITE OR USING THE AVAILABLE CONTENT AFTER THE EFFECTIVE DATE, YOU AGREE TO THE NEW VERSION OF THESE TERMS.
This Website is offered and available to users who are 18 years of age or older and are U.S. residents. By using this Website, you represent and warrant that you are of legal age to form a binding contract with us and meet our eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Nothing available at this Website constitutes investment advice, tax or accounting advice, legal or regulatory advice or an offer to sell or a solicitation of an offer to buy any security. Nothing available at this Website constitutes a recommendation of any particular investment strategy or as to the suitability of any transaction, security or other financial product or service. All information and other content presented at or available through this Website is made available solely for your convenience and for general educational purposes. Any reliance you place on such information is strictly at your own risk and any decisions you make based on such information or other content are your sole responsibility. Ivy makes no representations that the information or other content available at this Website is appropriate for use in all locations. The individuals and entities that access this Website are responsible for compliance with applicable local laws and regulations.
All information and other content available on this Website are 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 Web browser to ensure you are receiving the most recent version.
You should not rely upon any information and other content available at or through this Website as a forecast or as investment research. Although the information and other content available at this Website are based upon information that we consider reliable and that we try to keep current (although we have no obligation to do so), we cannot guarantee that it is accurate, current, complete, or otherwise useful and you should not rely upon the information and other content as such. We expressly disclaim all liability for errors and omissions in the information and other content on this Website and for the use or interpretation by others of information published at this Website. Opinions expressed on this Website may change as market conditions vary.
Intellectual Property Rights
The Website, its features and functionality (including all software, the graphic user interface and the design, selection and arrangement thereof) and all of the information and other content available at the Website are owned by us or our affiliates or by our licensors or other providers, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You may use the Website and any available content solely for your personal, non-commercial use. In addition, you may print or download one copy of a reasonable number of pages of the available content for your personal, non-commercial use if you also retain all copyright and other proprietary notices contained on the content. Otherwise, you may not copy, distribute, modify, create derivative works from, publicly display or perform, republish, download, store or transmit any of the content available on the Website, for commercial or public purposes, without our prior written consent. If you wish to make any use of the content available at the Website other than as set out in this section, please address your request to firstname.lastname@example.org.
If you believe that any content published at this Website violates your copyright, please address your notice of copyright infringement to: email@example.com.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the information and other content you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you. We reserve all rights not expressly granted to you in these Terms. Any use of the Website not expressly permitted by these Terms is a breach and may violate copyright, trademark and other laws.
Our company name, the company names of our affiliates, BE IN THE LOOP®, GENLINK®, IVY FUNDS®, IVY℠, IVY INVESTMENTS℠, IVY VARIABLE INSURANCE PORTFOLIOS℠, THE INFINITE LOOP®, INVESTED ℠ and all other trade names, trademarks, service marks, product and service names, slogans, designs and logos (collectively, the “Marks”) displayed on this Website are proprietary to our affiliates, our licensors or to us. Nothing contained on this Website is to be construed as a grant, by implication, estoppel, or otherwise, of any license or right to use any of the Marks without our prior written permission. All other trademarks, service marks, product and service names, slogans, designs and logos on this Website are the intellectual property of their respective owners.
Links to this Website
You may link to the ivyinvestments.com landing page, but only if you do so in a way that is fair, legal and does not damage our reputation or take advantage of it. You must not frame any content or establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express prior written consent. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
Links to Other Websites
Except as otherwise stated in these Terms or as expressly authorized by us in writing, you may not:
- Use this Website or any available content in violation of applicable law or regulation;
- Use this Website in any manner that could disable, damage or overburden the Website, our servers or any of the networks connected to our servers, or as determined by us, in a way that may harm Ivy or expose Ivy to liability;
- Use this Website in any manner that would interfere with another party's use of the Website;
- Include any of the Marks or any variation of them as a meta-tag or hidden textual element;
- Use any robot, spider or other automatic device, or any manual process or means to search, monitor or copy this Website or the information and other content on, generated by or obtained from this Website, whether through links or otherwise, without Ivy's prior written permission;
- Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
- Otherwise attempt to interfere with the proper working of the Website; or
- Use this Website, the information and other content in any manner that could create impression of affiliation, sponsorship or endorsement by Ivy.
We have established a presence on certain social media websites, such as Facebook, LinkedIn, Twitter and YouTube, to provide information to visitors and our followers. We also make certain social media features available at this Website, solely for your information and convenience. You may use these features solely as we provide them, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features, if any. We may disable all or any social media features and any links at any time without notice in our discretion.
Please review our Social Media Policy for guidelines to keep in mind when you use social media and understand that we may remove any posts or comments or may block any account from our social media pages that fails to comply with such guidelines. We may not be able to respond to any particular post or comment because we must comply with our legal and regulatory obligations.
Social Media Contributions
Our social media pages permit users to post, submit, publish or display (collectively, “post”) content or materials (collectively, “Contributions) at such pages or transmit them to other users. Contributions must fully comply with these Terms and our Social Media Policy or they may be removed. Your posted Contributions will be considered non-confidential and non-proprietary. By posting a Contribution, you grant Ivy the right to use, copy, modify, perform, display, distribute and otherwise disclose the Contribution without any attribution to or consent from you or paying you any compensation. You should avoid posting any Contribution that you do not wish to license Ivy under the foregoing license grant.
Certain content or other parts of the Website are protected by passwords or require a login and are restricted to authorized users only. You may not obtain unauthorized access to such parts of the Website or to any other protected content through any means not intentionally made available by us for your specific use. You may be asked to provide certain registration details or other information to become an authorized user. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. Our Online Privacy Statement governs the handling of information you provide to us to register with this Website, when you use this Website, or otherwise, including, but not limited to, use of any interactive features on the Website. You consent to all actions we take with respect to your information consistent with our Online Privacy Statement.
If you choose, or we provide you with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other individual or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You must notify us immediately of any unauthorized access to, use of your user name or password, or any other breach of security of which you become aware. You agree to ensure that you exit from your account at the end of each session. You also agree to use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to terminate your access or disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Account and Transaction Information on this Website
You may be able to access your account information, including transactions, through this Website. However, account information is unaudited, unless noted otherwise, and may be based on estimates. Do not make any investment decisions based on such information as it is subject to change.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NONE OF IVY AND ANY PERSON ASSOCIATED WITH IVY MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NONE OF IVY AND ANY PERSON ASSOCIATED WITH IVY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE COMPLETE, ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, THE CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
IVY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IVY AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY (INCLUDING TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE), ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA,) OR PUNITIVE DAMAGES, EVEN IF FORESEEABLE AND EVEN IF IVY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR IF YOU ACCESS THE WEBSITE SOLELY THROUGH AN ARRANGEMENT WITH YOUR EMPLOYER OR PLAN SPONSOR, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
In exchange for the ability to access this Website and use the available content, you shall indemnify and hold us and our officers, directors, employees, agents, licensors and suppliers harmless from and against any and all losses, liability, costs and expenses (including, but not limited to, reasonable attorneys' fees) incurred as a result of or arising from your access of this Website and use of the available content (including any unauthorized or otherwise inappropriate use of any of the content of this Website attributable to you or which occurs through the use of your user name and password), your violation of these Terms and any decisions that you make based on any published information available at this Website.
Governing Law, Exclusive Jurisdiction and Venue
All matters relating to this Website, these Terms and any dispute or claim arising from or related to them are governed by and will be construed in accordance with the laws of the State of Kansas, without regard to conflict of law provisions.
Any legal action relating to this Website or these Terms shall be filed exclusively in the Johnson County District Court located in Olathe, KS, or the United States District Court for the District of Kansas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
No waiver by Ivy of any right under or term or provision of these Terms will be deemed a waiver of any other right, term, or provision of these Terms at the time of such waiver or a waiver of that or any other right, term, or provision of these Terms at any other time. Any failure by us to assert a right or provision under these Terms will not constitute a waiver of such right or provision.
If a court or other tribunal of competent jurisdiction finds any provision of these Terms to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or will be limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
These Terms constitute the sole and entire agreement between you and us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
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