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Terms of Use

Please read the following important legal information before continuing. By using this website, you are accepting the FundX Investment Group LLC (“FundX”) conditions of use. If you do not agree with these terms, do not use this website (the “Site”).

SITE FOR INFORMATION ONLY

The data, information, and content on this Site are for information, education, and noncommercial purposes only. Under no circumstances should any information or materials presented on this Site be used or construed as an offer to sell, or a solicitation of an offer to buy, any securities, financial instruments, investments or other services. Although FundX may provide data, information, and content relating to investment approaches, mutual funds, and exchange traded funds, you should not construe any such information or other content available through this Site as investment, legal, accounting, or tax advice.

FundX makes no representation that the securities or services described on the Site are suitable for any specific investor. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any data, information, or content on this Site before making any decisions based on such data, information, or content. In exchange for using such data, information, or content, you agree not to hold FundX or its third party content providers liable for any possible claim for damages arising from any decision you make based on information made available to you through this Site. By providing access to other websites, neither FundX nor any of its affiliates is recommending or endorsing services provided by any website’s sponsoring organization.

INVESTMENT RISKS

Nothing on this website should be interpreted to state or imply that past results are an indication of future performance.  Therefore, no current or prospective client should assume that the future performance of any specific investment, investment strategy or product made reference to directly or indirectly on this web site, or indirectly via link to any unaffiliated third-party web site, will be profitable or equal to corresponding indicated performance levels.

YOUR ACCOUNT

If you maintain an account that you access via this Site, you are solely responsible for maintaining the confidentiality of your account and for restricting access to your computer. You agree to accept responsibility for all activities occurring under your account or password that are due to your conduct, inaction, or negligence.  In the event that you have created a password, you acknowledge and agree that FundX has granted you limited access to specific files pertaining to investments relevant to you, and you agree not to attempt to access other computer files. Persons who have access to the password protected area are responsible for maintaining the confidentiality of any account information, user names, and/or security questions and answers that they may use to access any page or feature on the password protected area, and for logging off any protected areas of the Site. Accordingly, you should take steps to protect the confidentiality of your password. You should notify FundX immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password.

FundX will not be responsible for any loss that arises from the failure to comply with these provisions.  FundX makes no warranty, express or implied, regarding the security of the Site, including with respect to the ability of unauthorized persons to intercept or access information transmitted by or to you through this Site.

NOTICE TO ALL NON-US RESIDENTS

Each of the investment products and services referred to on this Site is intended to be made available to United States residents. This website shall not be considered a solicitation or offering for any investment product or service to any person in any jurisdiction where such solicitation or offer would be unlawful. FundX makes no representation that transactions, products or services discussed on or accessible through the Site are available or appropriate for sale or use in all jurisdictions or by all users, or that access by any user in the place it is located is not illegal or prohibited. Because of the global nature of the Internet, you agree to comply with all local rules regarding online conduct, including all laws, rules, codes, and regulations of the country in which you reside and the country from which you access this Site. In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of technical data exported from the United States. FundX reserves the right to limit access to the Site to any person, geographic region or jurisdiction.

COPYRIGHTS AND RESTRICTIONS ON USE OF MATERIALS

The contents of this website are protected by applicable copyright laws. No permission is granted to copy, distribute, modify, post or frame any text, graphics, video, audio, software code, or user interface design or logos.  You may not a) copy, display, reproduce, republish, upload, post, transmit, or otherwise distribute any of the pages, text, images, material or other content of this website without express written consent; b) copy, modify, or display a Fund’s or FundX's name, logo, text, or images in any way without express written consent; c) modify or use the pages, text, images, material or other content from this website for any other purpose.  Doing any of the foregoing will be a violation of FundX's copyrights and other proprietary rights.

LIMITED LICENSE

You may, for personal use only, bookmark or point to any page within this Site. You may link only to the homepage of this site and, in doing so, must deliver the homepage address. Linking in any other way is prohibited without express written consent.

THIRD-PARTY CONTENT

FundX will not be responsible for the accuracy or completeness of any information provided by third parties through this Site, whether by hyperlink or otherwise.

FundX is in no way responsible for the content of any website owned by a third party that may be linked to this Site via a hyperlink, whether such hyperlink is provided by FundX or by a third party. No judgment or warranty is made with respect to the accuracy or suitability of the content of any website to which this Site may link, including information on the site regarding this site; and FundX takes no responsibility therefore. By providing access to other websites, FundX is not recommending the purchase or sale of any securities issued by any company, nor is it endorsing services provided by any website's sponsoring organization.

DISCLAIMERS

All information and contents of this website are furnished "as is" and FundX disclaims, to the fullest extent of the law, any implied or express warranty of any kind, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Although FundX intends the information contained in this Site to be accurate and reliable, errors sometimes occur. FundX does not warrant that the information will be free of errors, that the functions contained in the site will be uninterrupted, that defects will be corrected, or that the site and servers are free from viruses or other harmful components.  If you live in a state that does not allow disclaimers of implied warranties, our disclaimer may not apply to you.

LIMITATION OF LIABILITY

FundX is not liable under any circumstances, including but not limited to negligence, for any indirect, special or consequential damages that may result from the use of, or the inability to use, this Site.

FundX is not liable for damages or injury, including but not limited to damages or injury caused by any performance or failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication, theft or destruction or unauthorized access to, alteration of, or use of information, whether resulting, in whole or in part, from breach of contract, tortuous behavior, negligence, or otherwise. If you live in a state that does not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you.

No advice or information, whether written or oral, whether obtained by you from FundX, from a FundX employee or agent, or through or from this Site, shall create any warranty not expressly stated in these Terms of Use. FundX will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, revenue, income, goodwill, use, data, or other intangible losses resulting from any matter relating to this Site.  This is true even if FundX has been advised of the possibility of such damages or losses. In no event shall FundX's total liability to you for damages, losses, and causes of action, whether arising in contract, tort (including, negligence), or otherwise, exceed the amount paid by you, if any, for accessing this website.

JURISDICTIONAL ISSUES AND APPLICABLE LAW

Unless otherwise specified, FundX operates this site from our offices within the state of California, United States of America. We do not claim that materials in this site are appropriate or available for use in locations other than California. If you choose to access this site from other locations, you do so on your own initiative, and you are responsible for compliance with any local laws.

The laws of the State of California govern these terms, without reference to conflict of law principles. If you take legal action relating to these terms, you agree to jurisdiction only in the Superior Court of the City and County of San Francisco, State of California or the United States District Court, Northern District of California, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.

INDEMNITY

As consideration for access to the Site, you agree to indemnify, defend, and hold harmless FundX, its subsidiaries and affiliates, and the officers, directors, employees, and agents of FundX and its subsidiaries and affiliates, from and against any and all claims, liabilities, damages, losses, or expenses, including attorney’s fees and costs, arising out of or in any way connected with your access to or use of this Site or any decisions that you make based on the contents of this Site.

MODIFICATION OF TERMS AND MONITORING OF WEBSITE

FundX reserves the right to modify, add or remove portions of these terms at any time. We suggest you check periodically for changes. If you use the website after we post changes to the terms, you accept the changes. We reserve the right to monitor use of the website.

INTEGRATION AND SEVERABILITY

If any of these terms and conditions of use is held to be unenforceable, the remaining provisions shall continue in full force and effect.  The preceding terms and conditions of use represent the entire agreement between FundX and you regarding the subject matter herein.

HEADINGS

Headings are inserted for convenience of reference only and do not constitute a part of the terms and conditions of use.