Terms of Use

TERMS OF USE

Acceptance of Terms

sgim.com (the “Site”) is a website owned and operated by SGIM, Inc., an SEC Registered Investment Advisor (“SGIM”). When you (“you,” “your,” or “user”) access sgim.com and our other online services and websites (collectively, the “Platform”) you are agreeing to be bound by the following Terms and Conditions, as well as the SGIM Inc. Privacy Policy linked here, and the Copyright and Intellectual Property Policy linked here, all of which may be updated by us from time to time without notice to you. Please review them carefully.

SGIM provides the Platform to you under the following terms and conditions (“Terms of Use”). By accessing or using our Platform in any manner, including but not limited to visiting or browsing the Platform, you agree to be bound by these Terms of Use, our Privacy Policy and any other rules, policies or procedures that may be published by us from time to time on the Platform, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.

The section below titled “Class Action Waiver” contains a binding class action waiver, which affects your legal rights. Please read it carefully.

Use of the Platform

The Platform is intended solely for individuals who are age 18 or older. Any access to or use of the Platform by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms and Conditions. By accessing or using the Platform, you represent and warrant that you are 18 or older.

The Platform is only intended for use by persons located in the United States. SGIM makes no representation that the Platform is appropriate or available for use outside the United States. Similarly, SGIM makes no representations that accessing the Platform from locations outside the United States is legal or permissible under local law.

Unless otherwise indicated, you are only permitted to use the Platform for your own personal investment purposes. The content of this website is intended as source of information for personal investment only. If you are not an investor you must not use the Platform and should exit immediately. By using the Platform, you accept, without limitation or qualification, these Terms of Use. If you do NOT agree to these Terms of Use, do NOT use the Platform.

You agree that you will comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements. You further agree that you will use the Platform solely for your personal, non-commercial use and will not attempt to interfere with the functioning of the Platform in any way.

Platform is for Educational Use Only

The publicly available portions of the Platform (i.e., the sections of the Platform that are available to individuals who have not engaged SGIM’s services as a client by a separate agreement (the “Client Agreement”) are provided for educational purposes only and are not intended to provide legal, tax, or financial planning advice. In using the publicly available portions of the Platform, you agree that you are responsible for your own investment research and decisions, that you will not rely on the Platform as the primary basis for your investment decisions, and, except as otherwise provided herein, SGIM INC. will not be liable for any actions you take based on information you receive via the publicly available portions of the Platform.

Access to the Platform

SGIM reserves the right, in its sole discretion, to deny you access to the Platform, or any portion of the Platform, without notice and without reason. For the avoidance of doubt, your access to and use of the publicly available portions of the Platform shall be governed by these Terms and Conditions, and the provision of any investment advisory services shall be governed by the Client Agreements with respect to such services. Notwithstanding the foregoing or anything else in these Terms and Conditions to the contrary, in the event of any conflict between the Terms and Conditions and a Client Agreement, the Client Agreement shall control.

Investment Tools and Model Predictions

SGIM makes no representation regarding the likelihood or probability that any actual or hypothetical investment will in fact achieve a particular outcome or perform in any predictable manner. Any historical return information on the Platform does not represent the actual performance of any specific investor’s account and may not reflect all factors that could impact such performance for an individual investor. Performance numbers prior to the year 2018 are hypothetical, based on extensive historical backtesting and try to model actual account performance. However, they are not based on live data, and it would not have been possible to own the modelled portfolios. The results are entirely hypothetical. Hypothetical performance results have many inherent limitations, including, but not limited to the following: (i) hypothetical results are generally prepared with the benefit of hindsight; (ii) hypothetical trading does not involve financial risk, and (iii) hypothetical trading records may not be able to account for the impact of financial risk in actual trading. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown here as there are frequently differences between hypothetical performance results and the actual results subsequently achieved by any particular program. There are numerous other factors related to the markets in general and/or the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results, all of which may adversely affect actual results. Past performance is not a guarantee of future success and returns in any period may be far above or below those of a previous period. No representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. Investing involves risk and investments at SGIM Inc. may lose value.

The return, composite, and performance information shown on the Platform uses or includes information compiled from third-party sources, including independent market quotations and index information. SGIM has sourced the third-party information from reliable sources, but does not guarantee its accuracy.

External Links

The Platform links to certain content created by third parties that are not affiliated with SGIM. SGIM is not responsible for such content and does not endorse or approve it. Such content may contain terms and conditions, privacy provisions, confidentiality provisions, or other provisions that differ from the terms and conditions applicable to the Platform. SGIM assumes no responsibility or liability whatsoever for the accuracy, reliability, or opinions contained in such content. If you decide to access such content, you do so at your own risk.

Access and Interference

You agree not to engage in any of the following:

  • Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Platform or any portion of the Platform, other than via software that sends queries to the Platform to index or rank a website for search and location purposes, without SGIM’s express written consent, which may be withheld in SGIM’s sole discretion.
  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platform, other than the search engines and search agents available through the Platform and other than generally available third-party web browsers (such as Microsoft Explorer).
  • Post or transmit any file which contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Platform.
  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Platform.

Secured Areas

Access to and use of password protected and/or secure areas of the Platform is restricted to authorized users only. Unauthorized persons attempting to access these areas of the website may be subject to legal action.

Communications with SGIM

Authorized employees or agents of SGIM may monitor and record all or portions of your telephone calls, emails, text messages, chats and other communications with SGIM for quality control, customer service, employee training, security, legal, compliance, and other lawful purposes. You hereby consent to such recording. That consent is ongoing and need not be confirmed prior to, or during, such monitoring or recording, except to the extent applicable law expressly requires otherwise. SGIM may also archive your communications with SGIM for regulatory and other purposes.

Limited Liability

NEITHER SGIM NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL BE LIABLE IN ANY WAY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE, OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR THE USE OF THE PLATFORM OR A LINKED WEBSITE (INCLUDING BUT NOT LIMITED TO THE DELAY OR INABILITY TO USE THE PLATFORM OR A LINKED WEBSITE). THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARE FORESEEABLE OR WHETHER SGIM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL SGIM’S CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100.

No Warranties

All products, services, and content on the website are provided “as is” without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy. SGIM specifically disclaims any duty to update the information on the Platform and it is your responsibility to evaluate the accuracy, reliability, timeliness, and completeness of any information available on the Platform. SGIM does not guarantee that the Platform will operate error-free or that the platform, its servers, or the content are free of computer viruses or similar contamination or destructive features. If you choose to use the Platform, or rely on the information presented on it, you do so solely at your own risk.

Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

Indemnification and Hold Harmless

You agree to indemnify, defend, and hold SGIM harmless from any liability, loss, claim and expense, including attorney’s fees, related to your violation of these Terms and Conditions or use of the Platform. Nothing in these terms of use shall affect any non-waivable statutory rights that apply to you. SGIM reserves the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting SGIM’s defense of such matter.

Choice of Law

All Website activity or use and these Terms and Conditions are governed by the laws of the United States of America and the applicable laws of the State of New York, without regard to conflict of law principles.

Dispute Resolution

In the event of any claim, controversy, or alleged dispute between you and SGIM, its members or affiliates (“Dispute”), you hereby agree to attempt in good faith to amicably resolve any Dispute at least 30 days before instituting any legal proceeding. Each party agrees Dispute Resolution

In the event of any claim, controversy, or alleged dispute between you and SGIM, its members or affiliates (“Dispute”), you hereby agree to attempt in good faith to amicably resolve any Dispute at least 30 days before instituting any legal proceeding. Each party agrees to submit any Dispute for resolution by final binding arbitration after serving written notice, which notice shall set forth in detail the controversy, question, claim or alleged breach along with your attempt to resolve such Dispute. Upon such notice and attempt to resolve, the party may then commence an arbitration proceeding pursuant to the rules of the American Arbitration Association (“AAA”) to be held in New York County, New York, before an arbitrator to be selected by the AAA. Any such arbitration may only be commenced within one (1) year after the party requesting arbitration obtains knowledge of the cause of action forming the basis of the controversy or claim accrued.

In any arbitration and subject to the ultimate discretion of the presiding arbitrator, each side will be limited to a maximum of one (1) day of argument (including rebuttal), and the parties agree in good faith to minimize discovery burdens (e.g. confine the scope to actual areas in dispute and limit the topics and number of pages on which information is requested to matters directly relevant). The decision(s) of the arbitrator shall be final and binding and may not be appealed to any court of competent jurisdiction, or otherwise, except upon claim of fraud or corruption as by law provided, provided, however, that implementation of such decision(s) shall in no way be delayed or otherwise impaired pending the outcome of any such appeal. Judgment upon the award rendered in such arbitration may be entered by any court having jurisdiction thereof. You agree that all Disputes will be limited between you, individually, and SGIM. To the full extent allowable by law, you agree that no arbitration proceeding or other dispute resolution proceeding shall be joined with any other party or decided on a class-action basis.

Notwithstanding the foregoing, you agree that the following matters shall not, at the election of SGIM, be subject to binding arbitration: (1) any Dispute related to, or arising from allegations of criminal activity; (2) any Disputes concerning SGIM’s intellectual property rights; and (3) any claim for injunctive relief. Any Dispute not subject to arbitration shall be decided by the state or federal court located within New York County, New York, United States of America. Each party hereby waives any claim that such venue is improper or inconvenient. YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL WITH RESPECT TO ANY CLAIM, ACTION, OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Waiver and Severability

Any waiver of any provision contained in these Terms and Conditions shall not be deemed to be a waiver of any other right, term, or provision of these Terms and Conditions. If any provision in these Terms and Conditions is determined to be wholly or partially invalid, illegal or unenforceable, such provision shall be enforced to the extent it is legal and valid and the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.

Miscellaneous

You may not assign these Terms and Conditions (by operation of law or otherwise) without the prior written consent of SGIM Inc., and any prohibited assignment will be null and void. SGIM Inc. may assign these Terms and Conditions or any rights hereunder or delegate any of its responsibilities under these Terms of Use without your consent.

Platform and Terms Subject to Change

We reserve the right to change these Terms and Conditions by posting a revised agreement. If you don't agree with these changes, you must stop using the Platform. The information on the Platform is subject to change without notice.

Copyright and Other Intellectual Property

SGIM maintains SGIM.com, our mobile applications, and our other online services and websites. SGIM is the owner or the authorized user of all text, images, graphics, photos, animation, music, sounds and other materials contained within the Platform. The materials contained within the Platform, including, without limitation, any copyrights, trademarks, service marks, and all other proprietary materials, are protected by U.S. and international copyright laws and treaty provisions, trademarks laws, and other proprietary rights laws. SGIM also owns a copyright in the selection, coordination, and arrangement of the material contained within the Platform.

The material contained within the Platform is provided by SGIM only for lawful uses by clients, SGIM employees, and members of the general public. The material may not be copied, republished, incorporated into another website or reproduced (whether by linking, framing, or any other method), transmitted, distributed, uploaded, posted, used to create a derivative work or exploited in any other way without the express prior written consent of SGIM Inc. Use of the Platform does not grant users any right, title, or interest in the materials contained within the Platform.

The trademarks, logo and slogans displayed on the Platform including the mark, “SGIM,” (collectively the “Trademarks”) are owned by SGIM. Nothing on the Platform should be construed as granting any license or right to use the Trademarks without written permission of SGIM. Your misuse of the Trademarks, or any other content on the Platform, except as provided in these Terms of Use, is strictly prohibited. You are advised that SGIM will aggressively enforce its intellectual property rights to the fullest extent of the law.

By providing content on the Platform, you grant SGIM a royalty-free, non-exclusive, worldwide license, under your intellectual property rights, to copy, reformat, index, modify, display, distribute and put to commercial and other uses your content on the Platform. No compensation will be paid with respect to our use of such content. SGIM neither warrants nor represents that your use of materials displayed on the Platform will not infringe rights of third parties not owned or affiliated with SGIM.

June 2018