Terms of Use
These Terms of Use were last modified May 2024
PLEASE READ THE FOLLOWING TERMS OF USE (“Terms”) CAREFULLY AS IT IS A BINDING AGREEMENT BETWEEN YOU AND FRONTWAVE ARENA MANAGEMENT, LLC AND ITS SUBSIDIARIES AND AFFILIATES (“FAM”).
These Terms govern your use of FAM’ websites, platforms, portals and services (collectively “Sites”). By accessing, using or logging into the Sites, you agree to be bound by the Terms below. If you do not agree to the following Terms, do not access the Sites.
FAM may revise these Terms at any time without prior notice. By accessing the Sites, you agree to be bound by any such revisions. Your use of the Sites is governed by the version of the Terms in effect on the date each Site is accessed by you.
FAM offers many services. Your use of FAM services are provided by FAM pursuant to a separate manually or digitally executed agreement. If you use the services or log into the Sites, those additional terms become part of your agreement with FAM.
The FAM Privacy Policy is incorporated herein by reference.
Prohibited Uses
You shall not use the Sites, or any Site information, in a way that violates laws, infringes on anyone’s rights, or interferes with the Sites or any features of the Sites. Additionally, you shall not use FAM Sites in any manner that could damage or overburden any FAM server, or any network connected to any FAM server.
Copyrights and Other Intellectual Property Rights
The FAM Sites are protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in the FAM Sites, including any information, name, text, graphic, image, video, audio, software code, user interface design, icons, products, programs, documents, materials or logos (collectively “Information”).
You are NOT being granted a license under any copyright, trademark, patent or other intellectual property right in the Information, and the Information may not otherwise be reproduced, displayed, downloaded, licensed, modified, re-posted, retransmitted, disseminated, sold, distributed, published, broadcast, circulated, used to create a derivative work or otherwise used for commercial purposes without the express written consent of FAM.
Trademark Notices
All trademarks, logos, and service marks (collectively “Trademarks”) displayed on the Sites belong to FAM, its subsidiaries or an affiliate, except third-party trademarks and service marks, which are the property of their respective owners.
Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site without the written permission of FAM or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Sites, or any other content on the Sites, is strictly prohibited. You are also advised that FAM will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Third-party content
The FAM Sites include general news and information, observations, reports and data concerning the retirement plan industry and other subjects. Some of this content is supplied by companies that are not affiliated with any FAM Entity ("Third Party Content"). Third Party Content is protected by copyright pursuant to United States laws and international treaties and is owned or licensed by the Third Party Content provider(s).
FAM does not directly or indirectly endorse or approve such Third Party Content. Third Party Content is provided for informational purposes only and FAM and the Third Party Content providers specifically disclaim any responsibility for Third Party Content available on the Sites. You will use Third Party Content only at your own risk.
Access
Certain parts of the FAM Sites require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the FAM Sites through any means not intentionally made available by FAM for your use.
Password Security and Notification
To use certain services or features on the Sites, you may be required to create an account and specify a password. You are solely responsible for maintaining the confidentiality and use of the password and should monitor your account diligently. You are solely responsible for all activities that occur in relation to your password.
FAM shall not be under any duty to inquire as to the authority or propriety of instructions given to FAM by you or via your password. FAM shall be authorized to act upon any such instructions. FAM will not be liable for any loss, cost, expense or other liability arising out of any such instructions.
Contact FAM immediately if you suspect any unauthorized activity, disclosure, loss, theft or unauthorized use of your password. You agree to cooperate with FAM in any investigation and agree to take actions to protect your account from fraudulent activity.
Terms of Use for Documents
FAM grants the use of Documents (such as white papers, press releases, datasheets and FAQs) from this server (“Server”), provided that (1) the copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from this Server is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the FAM Sites or any other FAM owned, operated, licensed or controlled sites or Information. Elements of FAM Sites are protected by trademark and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image may be copied or retransmitted unless expressly permitted by FAM.
DISCLAIMER OF WARRANTIES
FAM MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMAITON CONTAINED IN THE DOCUMENTS OR RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. FAM MAKES NO EXPRESS OR IMPLIED WARRANTIES ABOUT THE FAM SITES, DOCUMENTS OR THIRD PARTY CONTENT INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT. THE FAM SITES, DOCUMENTS AND THIRD PARTY CONTENT ARE MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND FAM DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.
FAM DOES NOT WARRANT THAT THE FAM SITES, DOCUMENTS OR THIRD PARTY CONTENT WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. FAM ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE FAM SITES OE DOCUMENTS WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, DOCUMENT OR OTHER MATERIAL BY YOU THROUGH THE FAM SITES WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, FAM AND THIRD PARTY CONTENT PROVIDERS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, COSTS, EXPENSES, LEGAL FEES, OR LOSSES INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST INCOME, LOST DATA, OPPORTUNITY COSTS OR DAMAGE THAT RESULT FROM USE, LOSS OF USE, OR PERFORMANCE OF THE FAM SITES, DOCUMENTS AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY. THIS IS TRUE EVEN IF FAM AND THIRD PARTY CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
FAM SHALL NOT BE LIABLE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH FAM DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.
Indemnification
As a condition of your use of the FAM Sites, you agree to indemnify, defend and hold FAM, its subsidiaries, affiliates, officers, directors, agents, employees and its Third Party Content providers harmless from and against any and all claims, losses, liabilities, damages, costs and expenses (including but not limited to reasonable attorneys' fees) arising from your use of the FAM Sites, or from your violation of these Terms.
Modification
FAM reserves the right, in its sole discretion, to modify, add, or remove portions and/or functionality of the Sites on a temporary or permanent basis, without prior notice to you, without liability to you or any third party.
Additionally, FAM may modify or update these Terms at any time without notice to you. Your use of the Sites after modifications to the Terms constitutes your binding acceptance of such changes.
Termination
FAM may terminate your access to the FAM Sites for any reason, without prior notice.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Caifornia without regard to conflicts of law, and shall inure to the benefit of FAM' successors and assigns, whether by merger, consolidation, or otherwise.
Site Limitations
The FAM Sites are provided for informational purposes only and are not intended to provide legal, tax, or investment advice. Nothing on the FAM Sites should be construed as an offer, solicitation or recommendation for the purchase or sale of any security or other financial instrument or to adopt a particular investment strategy. FAM acts solely as a directed custodian and is not a broker-dealer or investment advisor. You should consult your legal, tax, or financial/investment professional regarding your specific situation.
Severability
If any part of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remainder of the Agreement shall be interpreted so as to reasonably effectuate the intention of the parties and shall not affect the validity and enforceability of any remaining provisions.