From #FOMO to #JOMO
For many, social media can present envy-induced anxiety often referred to as FOMO (Fear of Missing Out). Discover why some are opting out of jam-packed weekends for a quieter experience or JOMO (Joy of Missing Out).
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”).
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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®, THE WORLD COVERED®, INVESTED ℠, WADDELL & REED INVESTMENTS℠, WADDELL & REED ADVISORS FUNDS℠, 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
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Links to Other Websites
Except as otherwise stated in these Terms or as expressly authorized by us in writing, you may not:
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.
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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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