Terms of Use

Please carefully read these Terms and Conditions of Use (these “Terms”). Your access to or use of this website signifies that you understand and agree to be bound by these Terms. If you do not agree to be bound by or comply with these Terms, do not access or use this website.

Modification of Terms and Conditions of Use

MODERN LLC (“MODERN”) owns and operates this website. MODERN reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms at any time. We suggest that you check these Terms periodically for changes. They can be accessed from the link at the bottom of our website pages. Any changes, modifications, or additions to, or deletions from, these Terms shall be effective upon posting on this website. If you use this website after we post changes to the Terms, you accept the Terms as changed. MODERN expressly reserves the right to monitor any use of this website.

Jurisdiction

Unless otherwise specified, this website has been published for residents of the United States. The information provided on this website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject MODERN or any of its products to any registration requirement within such jurisdiction or country. Unless otherwise specified, the services and products described on this website are made available only to persons residing in the United States, and the information on this website is only for such persons. Nothing on this website shall be considered a solicitation to buy or an offer to sell a security or service to any person. MODERN does not claim that the products or services in this site are available in any particular jurisdiction or appropriate for any particular investor. If you choose to access this website from a location other than the United States, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.

Intellectual Property

All copyrights, trademarks, logos, service marks, trade names, or other intellectual property displayed on, or used in conjunction with, this website are proprietary to MODERN, unless otherwise noted. The content of this website is protected by applicable intellectual property law. MODERN reserves all rights with respect to intellectual property ownership of all material on this website and will enforce such rights to the full extent permissible by law. The material accessible on or through this website is accessible for personal browsing and printing purposes only. Users of this website may not otherwise:

(1)   copy, reproduce, modify, sell, republish, post, transmit, or distribute in any way material from this website without the express, written permission of MODERN;

(2)   use, copy, modify, or display any MODERN name, logo, text, or graphic image without MODERN express, written permission;

(3)   display any of the pages, text, images, or other content of this website using “framing” technology without MODERN express written permission;

(4)   modify or use the pages, text, images, or other content from this website for any purpose other than browsing or printing for personal, non-commercial use; or

(5)   take any action to create an impression of affiliation, sponsorship, or endorsement between any user and/or website and MODERN.

Linked Websites

MODERN is in no way responsible for the content of any website, owned or operated by a third party, that may be linked to this website via hyperlink, whether such hyperlink is provided by MODERN or by a third party. In addition, MODERN is in no way responsible for the content of any website to which this website may link. The information to which the user links is neither prepared nor maintained by MODERN, and MODERN has not and will not review or update the information contained in any linked website. MODERN is not responsible for, and makes no warranty with respect to the contents, accuracy, completeness, timeliness, suitability, or reliability of the linked website. Use of any website hyperlinked to or from this website shall be at your own risk.

Third Party Content

Through this website, you may have access to market data such as news reports, third-party analyst reports, research, last sale transaction data, securities price quotations, and other information relating to securities and the securities markets (“Market Data”). MODERN may obtain this Market Data from third parties who are independent of MODERN. Even though the sources of the Market Data provided on this website are believed to be reliable, MODERN is not responsible for, and makes no warranty with respect to the contents, accuracy, completeness, timeliness, suitability, or reliability of the Market Data. The Market Data provided is not a complete summary or statement of all available information or data. MODERN MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH RESPECT TO THE MARKET DATA.

The Market Data and other information accessible through this website is for personal, non-commercial use. You agree not to reproduce, modify, sell, distribute, broadcast, publish, or use for any commercial or unlawful purpose any Market Data or other information you access through this website.

The Market Data is provided “as is” and on an “as available” basis. MODERN will not be responsible for lost profits, trading losses, or any other damages resulting from inaccurate, defective, or unavailable Market Data or other information. MODERN is not obligated to update or to continue to offer Market Data or other information accessible through this website.

No Offer of Advice

This website is for informational purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any security that may be referenced on or through this website. Nor does this website constitute an offering or recommendation by MODERN of any security, investment management service, or advisory service. MODERN does not provide investment advice, tax advice, or legal advice through this website, and you agree that this website will not be used by you for such purposes. MODERN does not represent that the securities, products, or services discussed on, or accessible through, this website are suitable for any particular investor. You acknowledge that your requests for information are unsolicited, and the provision of any information through this website shall not constitute or be considered investment advice, or an offer to sell, or a solicitation of an offer to buy any security.

Licensure Information

(1) Representatives of a broker-dealer (“BD”) or investment adviser (“IA”) may only conduct business in a state if the representatives and the BD or IA they represent (a) satisfy the qualification requirements of, and are approved to do business by, the state; or (b) are excluded or exempted from the state’s licensure requirements.

(2) Representatives of a BD or an IA are deemed to conduct business in a state to the extent that they provide individualized responses to investor inquiries that involve (a) effecting, or attempting to effect, transactions in securities; or (b) rendering personalized investment advice for compensation.

(3) An investor may obtain information concerning a BD, an IA, or a representative of a BD or an IA, including their licensure status and disciplinary history, by contacting the investor’s state securities law administrator.

Use of Mail

The security of electronic mail sent through the Internet is not guaranteed. Do not send sensitive or confidential information to us via electronic mail. Delivery, and timely delivery, of electronic mail is also not guaranteed. MODERN therefore recommends that you do not send time-sensitive or action-oriented messages to us via electronic mail. Such requests, orders, or instructions will not be processed until MODERN can confirm your instructions or obtain appropriate written documentation where necessary.

Disclaimers

MODERN does not warrant this website (including the Market Data or other information accessible on or through this website) for any particular purpose. It is provided “as is” and on an “as available” basis. MODERN disclaims, to the fullest extent of the law, any warranty of any kind, whether express or implied, as to any matter relating to this website, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. Use of this website is at your own risk.

MODERN and its directors, officers, or employees will not be liable or have any responsibility of any kind for any loss or damage that you incur arising from or in connection with:

(1) any delay, termination, failure, defect, or interruption in the transmission of this website or any Market Data;

(2) any inaccuracy, error, unavailability, or incompleteness in the transmission of this website or any Market Data;

(3) any termination or interruption of your access to this website;

(4) your reliance on or use of this website or any Market Data;

(5) any email requests, orders, or instructions you send, or the interception by third parties of any requests, orders, or instructions you send via email;

(6) any act or omission of MODERN in making this website or Market Data available to you; or

(7) any other cause relating to your access to or use of this website, whether or not the circumstances giving rise to such cause may have been within the control of MODERN or within the control of any other party providing software or services support for this website.

MODERN does not warrant that this website, or the functions contained in this website, will be uninterrupted or error-free, that defects will be corrected, or that this website, or the servers that make it available, are free from viruses or other harmful components. You assume the entire cost of any necessary servicing, repairing, or correcting of your property or operations as a result of using this website. You accept at your own risk that the Internet or other online communications medium may not perform as intended as a result of human, mechanical, or other error, despite the efforts of MODERN, you, or any third party.

In no event will MODERN or its directors, officers, or employees be liable to you for any direct, indirect, special, consequential, or incidental damages related in any way to your use of this website, even if: (a) such damages are reasonably foreseeable; or (b) MODERN or any other party has been advised of the possibility of such damages.

Governing Law and Severability

These Terms will be governed and construed under the laws of the state of Delaware without regard to its conflict of law principles, regardless of whether you reside in Delaware or transact business with MODERN in Delaware or elsewhere. Nothing in these Terms creates any rights or protections that you are not already entitled to by law. If any part of these Terms is held invalid or unenforceable, that part will be deemed modified as necessary to make it effective, and the remaining provisions of these Terms will remain in effect.

Investments

MODERN LLC is registered as an investment adviser with the Securities and Exchange Commission.

Investments:

• are not deposits.
• are not FDIC-Insured.
• are not insured by any Federal Government Agency.
• have no bank guarantee.
• may go down in value.