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Block content YOUR USE OF THIS PRODUCT/SERVICE AND ANY OF ITS CONTENTS MADE AVAILABLE TO YOU HERENUNDER, INCLUDING BUT NOT LIMITED TO, ANY TEXT, DATA, INFORMATION, MATERIALS, SOFTWARE, AND GRAPHICS CONTAINED OR PROVIDED THROUGH IT IN ANY FORM OR MEDIA AND ALL SERVICES THAT MAY BE PROVIDED IN CONJUNCTION WITH IT (ALL SUCH INFORMATION, MATERIALS AND SERVICES, COLLECTIVELY, THE "SERVICE") IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT ("AGREEMENT"). BY SUBSCRIBING TO THE SERVICE, USING THE SERVICE IN ANY WAY, OR ACCEPTING ANY RELATED SERVICES FROM FUNDIST, YOU AGREE THAT YOU: (1) HAVE READ AND UNDERSTAND THIS AGREEMENT, (2) HAVE THE CAPACITY AND AUTHORITY TO ENTER INTO IT; AND (3) ARE BOUND BY ALL OF ITS TERMS AND CONDITIONS.

Fundist may change the terms and conditions of this Agreement at any time. A notification of such change(s), as well as the revised Agreement itself, will be posted in the Terms of Service area. You will be responsible for regularly checking the Membership Area and for reviewing any changes to the Agreement. By using the Service after any such changes take place, you signify your acceptance of the change(s) and your agreement to be bound by them.

Use of this Service

1. Subject to the terms of this Agreement, Fundist grants you a revocable, non-transferable, non-exclusive limited license to use those portions of the Service to which you are granted access but only for your own use and not for any use on behalf of any third party or to any third party for use on your behalf. For absence of doubt, you may not use the Service to service, or otherwise perform work on behalf of, any brokerage, financial services or related person(s) or their clients. Use of the Service is intended only for citizens or residents of the United States or its territories.

1. a. "Service" as referred to anywhere in these terms or the privacy policy shall mean: 1) any functionality provided by or through this website, fundist.com, or any subsidiary site, or any functionality provided by Fundist, LLC; 2) any content provided by or through this website, fundist.com, or any subsidiary site, or provided by Fundist, LLC; or 3) any functionality or content provided by any business association entered into or arising from this website, fundist.com, or any subsidiary site, or by Fundist, LLC. The term business association as used in these terms of service, or in the privacy policy, shall be all-encompassing, and shall cover any nature of business association, whether contractual (written or verbal), associative, or in general, any nature of working together.

1. b. By clicking the box "SUBMIT FOR FUNDING" you specifically agree to let, allow, and fully encourage Fundist and any and all associated sites or businesses which constitute businesses associations the legal right and authority to take all measures necessary to secure a loan, merchant cash advance, or line of credit on your behalf, including, but not limited to, credit checks, background checks, or investigating any claims made or implied.

3. There may be certain limits or additional conditions imposed on you in order for you to access certain portions of the Service and/or to download and/or print pages or reports (e.g., the number of downloads may be limited or you may be required to pay additional fees for downloads beyond a certain number or you may be required to provide additional information). In all cases, this Agreement (as supplemented by such limits and/or additional terms and conditions) will govern your use of the Service and you agree to comply with it.

4. Except as expressly set forth in this Agreement, you may not modify, copy, distribute, disclose, retransmit, sell, publish, broadcast, or circulate the Service, or any portion of it (including, but not limited to, any download or printed copies made from it) without Fundist's prior written consent.

5. Fundist has the right, at any time without notice, to: (i) revoke or limit your license to use the Service (or any portion of it); and (ii) change or discontinue providing the Service (or any portion thereof). Fundist has no obligation to update the Service or to correct any errors or omissions that might be contained in it.

6. Ownership and Copyright. You acknowledge and agree that the Service (including, without limitation, all information contained in or associated with it) is owned by Fundist and/or its third party content providers ("Content Providers") and is protected by international copyright and other intellectual property laws. You further acknowledge and agree that the Service contains certain proprietary data and information of Fundist and its Content Providers, that you will not use these data or information for any unlawful or unauthorized purpose, and that you will use reasonable efforts to protect them from illicit distribution or use. Each Content Provider is a third party beneficiary of this Agreement to the extent necessary to enable it to enforce its proprietary rights in the data and the applicable use restrictions contained in this Agreement. All Information available through "Fundist.com" is the property of Fundist, LLC. or its Content Providers and is protected by copyright and intellectual property laws. All rights reserved. You may not reproduce, retransmit, disseminate, sell, publish, broadcast, nor shall the Information be used in connection with creating, promoting, trading, marketing Investment Products without the express written consent of Fundist, Inc or its content providers. You are entitled to use the Information it contains for your private, non-commercial use only.

7. Trademarks. FUNDIST, FUNDIST.COM, FUNDIST.IO, FUNDEST.NET, FUNDIST.CO and the Fundist logo are registered marks of Fundist. In addition any other Fundist marks appearing in the Service, are the property of Fundist. You will not use or allow any third party to use any of Fundist's marks, including but not limited to the foregoing, without Fundist's prior express written consent. All marks not owned by Fundist are the property of their respective owners.

Disclaimer of Warranties

8. THIS SERVICE IS PROVIDED "AS IS" WITH ALL FAULTS. FUNDIST AND ITS CONTENT PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, NONINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE.

NEITHER FUNDIST NOR ITS CONTENT PROVIDERS WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SERVICE. NEITHER FUNDIST NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE SERVICE.

PAST PERFORMANCE DOES NOT GUARANTEE FUTURE PERFORMANCE. NEITHER FUNDIST NOR ITS CONTENT PROVIDERS SHALL BE CONSIDERED AN "EXPERT" UNDER THE SECURITIES ACT OF 1933. NEITHER FUNDIST NOR ITS CONTENT PROVIDERS WARRANT THAT THIS SERVICE COMPLIES WITH THE REQUIREMENTS OF THE NASD OR ANY SIMILAR ORGANIZATION OR WITH THE SECURITIES LAWS OF ANY JURISDICTION

Limitation of Liability

9. All capital issued by or through fundist.com or any affiliated Fundist site originates from a third-party capital provider (all capital providers, anyone Fundist sends referrals to, all business partners, third party service providers, editorial content providers, and users of the system by the most general definition are herin referred to as "Content Providers"). Fundist acts strictly as a referral agent. In all cases, you agree to hold Fundist harmless from any issues, claims, or matters of law arising from the issuance of any capital, any referral to any third party agent, including, but not limited to, any lack of disclosure, mistatements of fact, material fact, any statement of opinion arising from the referral, and any other matter not expressly prohibited by law. NEITHER FUNDIST NOR ITS CONTENT PROVIDERS NOR ANY PERSON THROUGH WHOM FUNDIST MAKES THE SERVICE AVAILABLE SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE, OR THE USE OF, OR RELIANCE ON, THE SERVICE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY FROM A WILLFUL BREACH BY FUNDIST (OR THAT PERSON) OF ANY OF ITS EXPRESS OBLIGATIONS UNDER THIS AGREEMENT OR EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY MANDATED BY APPLICABLE LAW.

10. EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY PROHIBITED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF FUNDIST AND ITS CONTENT PROVIDERS ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE, AND THE USE OF, OR RELIANCE ON, THE SERVICE, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE FINALLY PROVED IN A COURT OF COMPETENT JURISDICTION IN AN AMOUNT NOT TO EXCEED $200.

11. EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY PROHIBITED BY APPLICABLE LAW, NEITHER FUNDIST NOR ITS CONTENT PROVIDERS SHALL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE FOREGOING, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EVEN IF FUNDIST OR ITS CONTENT PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Accord and Satisfaction

12. YOUR CONTINUED USE OF THIS SERVICE AFTER ANY CLAIM WHICH COULD ARISE DUE TO YOUR USE OF THIS WEBSITE SHALL BE HELD AS ACCORD AND SATISFACTION AGAINST THE CLAIM IN RETURN FOR YOUR CONTINUED USE OF THE SERVICE.

Waiver

13. IT IS HEREBY AGREED THAT NON-ACTION ON ANY CLAIM WITHIN 30 DAYS FROM THE CLAIM ARISING SHALL BE A WAIVER OF THE CLAIM BY THE PARTY ELIGIBLE TO MAKE THE CLAIM.

No Class Action

14. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

Indemnification

15. You agree to indemnify, defend, and hold harmless Fundist, its affiliates and its Content Providers from and against any and all claims, liabilities, losses, costs (including, but not limited to, reasonable attorneys' fees), and/or damages of any kind arising from or relating to: (i) your use of the Service; (ii) your breach of this Agreement; and (iii) any messages, information, or materials uploaded, posted, published, or transmitted by you in connection with the Service (including, without limitation, in any Discussion Areas (as defined below) that may be made available as part of the Service).

User Password

16. If you are required to select a password to access or use the Service, you may then modify that password at any time as often as you like. You may not select any password that violates any third party's rights or is offensive, improper, or inappropriate. If Fundist determines in its sole discretion that any password you select is inappropriate for any reason, Fundist may delete that password and/or limit or terminate your access to the Service.

17. Your password is for your personal use only, and you agree to keep it secret and not to share it with anyone (except as expressly allowed under this User Agreement).

18. YOU ARE RESPONSIBLE FOR ALL USE, ACTIVITIES, AND CHARGES ASSOCIATED WITH OR ARISING FROM ANY USE OF YOUR PASSWORD, REGARDLESS OF WHETHER YOU AUTHORIZED SUCH USE. YOU MUST PROMPTLY NOTIFY FUNDIST (USING THE TOLL-FREE NUMBER OR E-MAIL ADDRESS LISTED BELOW UNDER "CUSTOMER SERVICE AND PRODUCT SUPPORT") OF ANY UNAUTHORIZED USE OF YOUR PASSWORD.

Third-Party Web Sites, Links, and Information

19. The Service may contain information, products, and services provided by third parties and links (including advertisements) to Web sites made available by third parties. This information and these products, services, and links are provided only as a convenience to users of this Service. Fundist does not control this information or these products, services, or Web sites, Fundist does not make any representations or warranties, express or implied, regarding this information or these products, services, or Web sites and shall not be liable for any information or services received from them. Inclusion of any of the foregoing in conjunction with the Service does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Fundist with respect to any third party, any third party's Web site or its content, or any information, products, or services provided by a third party. Additionally, Fundist uses third party applications like google analytics (and others) which track user information; you hereby consent to our using those applications to track your usage of the site.

Privacy and Information Made Available by You

20. Fundist shall have the right to use and disclose any information provided by you through the Service (including but not limited to information provided through e-mail) or made available through your use of the Service, for any lawful purpose, unless you indicate otherwise by emailing help@fundist.com. In no event shall you be entitled to any compensation for the use of any of this information. Please see our Privacy Policy for further details.

Use of Discussion Areas

21. To the extent the Service involves any access to any forum, blog, private message, email or other medium (e.g., a comments section) by which discussions may be effected (individually and collectively, the "Discussion Areas"), you understand and agree that Fundist makes no representations or warranties with respect to any of the Discussion Areas or with respect to any messages, information, or materials contained in any of them. You acknowledge and agree that your use of, or reliance upon, any such messages, information, or materials is at your sole risk and expense.

22. Fundist does not, and cannot, review all of the information and materials provided in the Discussion Areas and has no responsibility or liability for any such information or materials or their use. If Fundist becomes aware of any information or materials that it determines violate the terms of this Agreement or the Discussion Areas policies promulgated by Fundist from time to time or that Fundist otherwise deems inappropriate in its sole discretion, Fundist reserves the right to delete, move, or edit any such information or materials.

23. To the extent that you use the Discussion Areas, you covenant that you will: (a) comply with the Discussion Areas policies promulgated by Fundist from time to time; (b) be solely responsible for your use of the Discussion Areas and any messages, information, and materials provided by you or through another user making use of your password; (c) not advertise or offer to sell goods or services of any kind on any Discussion Areas; and (d) not upload, post, publish, or transmit any messages, information, or materials that (i) restrict or inhibit any other user from accessing, using or enjoying the Service, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law, (iv) violate or infringe the rights of Fundist or any third party (including but not limited to copyrights, trademarks, patents, trade secrets, and rights of privacy and publicity), (v) constitute or contain false or misleading indications of origin or statements of fact, (vi) contain software or any other commercial materials or information, or (vii) contain any viruses or other harmful component.

24. By uploading, posting, publishing, or transmitting any messages, information, or materials in connection with the Discussion Areas, you hereby grant to Fundist and its affiliates a royalty-free, worldwide, perpetual, transferable, irrevocable, nonexclusive license (with the right to sublicense) to use, copy, modify, display, publicly perform, distribute, reproduce, and create derivative works of the foregoing in any form, media, software, or technology of any kind now existing or developed in the future.

Governing Law and Jurisdiction; Arbitration

25. This Agreement is governed by and construed in accordance with the laws of the State of Arkansas, U.S.A., without giving effect to any choice-of-law or conflict-of-law provision or rule (whether of the State of Arkansas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than that of the State of Arkansas. You hereby consent to, and agree to bring any and all claims in, the exclusive jurisdiction of the state and federal courts located in Washington County, Arkansas, U.S.A., for any action or proceeding arising under or relating to this Agreement, the Service, or the use of, or reliance on this Service, whether based in contract or tort or otherwise. Any dispute or controversy arising hereunder shall be settled exclusively by arbitration to be held in the City of Fayetteville Arkansas before a single arbitrator in accordance with the rules of the American Arbitration Association then in effect. Judgment may be entered on the arbitrators' award in any court having jurisdiction, and the parties irrevocably consent to the jurisdiction of the courts located in Arkansas for that purpose. The arbitrator may grant injunctive or other relief. The decision of the arbitrator shall be final and binding on the parties.

Entire Agreement

26. This Agreement shall constitute the entire agreement between you and Fundist regarding the subject matter hereof and shall supersede any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the parties regarding such subject matter.

Severability

27. To the maximum extent possible, each provision in this Agreement shall be interpreted in such manner as to be valid and enforceable under applicable law. If any provision of this Agreement is held to be invalid or unenforceable under applicable law, such provision shall be modified so as to be rendered valid and enforceable while implementing, to the maximum extent possible, the original intent of such provision. If such modification is not possible or allowed, then such provision shall be ineffective only to the extent of such unenforceability or invalidity without affecting the remainder of such provision or any other provisions in this Agreement.

Further Nature of Service

28. "Fundist.com" contains statements and statistics that have been obtained from sources believed to be reliable but are not guaranteed as to accuracy or completeness. References to any specific securities do not constitute an offer to buy or sell securities. The past performance of a mutual fund, stock, or investment strategy cannot guarantee its future performance.

Disclaimers

29. Neither Fundist nor its Content Providers can guarantee the accuracy, completeness, timeliness, or correct sequencing of any of the Information on the Web site, including, but not limited to Information originated by Fundist, licensed by Fundist from content providers, or gathered by Fundist from publicly available sources. There may be delays, omissions, or inaccuracies in the Information.

30. NEITHER FUNDIST NOR THE CONTENT 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 OR "FUNDIST.COM," OR FOR INTERRUPTION OF ANY DATA, INFORMATION, OR ANY OTHER ASPECT OF "FUNDIST.COM." THE PAST PERFORMANCE OF A MUTUAL FUND, STOCK, OR INVESTMENT STRATEGY CANNOT GUARANTEE ITS FUTURE PERFORMANCE.

31. NEITHER FUNDIST, INC. NOR ITS CONTENT PROVIDERS MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES CONTAINED IN "FUNDIST.COM" ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.