Please carefully review these Terms and Conditions (“Terms”) before utilizing the services provided herein. By accessing and using the website located at www.bcrown.com (“Website”), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to all of the terms and conditions of this agreement, you are not authorized to use these services and should refrain from using this Website.
Modification of Terms
By accessing and using this Website, you acknowledge that BlueCrown reserves the right to modify, add, or remove portions of these Terms at any time and for any reason. It is recommended to review these Terms periodically for changes. Any modifications will be effective immediately upon posting. By continuing to access our Website after such changes have been posted, you are deemed to accept the modified Terms.
Disclaimer
Nothing contained on this Website constitutes tax, accounting, regulatory, legal, insurance or investment advice. Neither the information, nor any opinion, contained on this Website constitutes a solicitation or offer by BlueCrown, Inc. (“BlueCrown”) or its affiliates to buy or sell any securities, futures, options or other financial instruments, nor shall any such security be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. Decisions based on information contained on this Website are the sole responsibility of the visitor. In exchange for using this Website, the visitor agrees to indemnify and hold BlueCrown, its officers, directors, employees, affiliates, agents, licensors and suppliers harmless against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of this Website, from your violation of these Terms or from any decisions that the visitor makes based on such information.
Investments and Risks
The investments and strategies discussed in the Website may not be suitable for all investors and are not obligations of BlueCrown or its affiliates or guaranteed by BlueCrown or its affiliates. BlueCrown makes no representations that the contents are appropriate for use in all locations, or that the transactions, securities, products, instruments, or services discussed on this site are available or appropriate for sale or use in all jurisdictions or countries, or by all investors or counterparties. By making available information on the Website, BlueCrown does not represent that any investment vehicle is available or suitable for any particular user. All persons and entities accessing the Web Site do so on their own initiative and are responsible for compliance with applicable local laws and regulations.
All investments involve risk and may lose value. The value of your investment can go down depending upon market conditions. Fixed income investments are subject to risk including interest rate, credit, market and issuer risk. Alternative strategies involve higher risks than traditional investments, may not be tax efficient, and have higher fees than traditional investments; they may also be highly leveraged and engage in speculative investment techniques, which can magnify the potential for investment loss or gain. BEFORE ACQUIRING THE SHARES OF ANY INVESTMENT FUND BY PURCHASE OR EXCHANGE, IT IS YOUR RESPONSIBILITY TO READ THE FUND’S PROSPECTUS OR OFFERING MATERIALS.
This Website is for information purposes only and is not intended to be relied upon as a forecast, research or investment advice. The information on this Website does not constitute a recommendation, offer or solicitation to buy or sell any securities or to adopt any investment strategy. Although this material is based upon information that BlueCrown considers reliable and endeavors to keep current, BlueCrown does not assure that this material is accurate, current or complete, and it should not be relied upon as such. Any opinions expressed on this Website may change as subsequent conditions vary. Past performance is no guarantee of future results.
The information and services provided on this Website are provided “AS IS” and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, BlueCrown disclaims all warranties, including, but not limited to, any warranty of non-infringement of third-party rights and any implied warranties of merchantability and fitness for a particular purpose. BlueCrown does not warrant, either expressly or impliedly, the accuracy or completeness of the information, text, graphics, links or other items contained on this Website and does not warrant that the functions contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that the Website will be free of viruses or other harmful components. BlueCrown expressly disclaims all liability for errors and omissions in the materials on this Website and for the use or interpretation by others of information contained on the Website.
Fund and Advisor Disclosures
Investments in a BlueCrown product or client account are not bank deposits and are not insured or guaranteed by BlueCrown or the Federal Deposit Insurance Corporation, any other government agency or any bank. Please carefully consider a fund’s investment objective, risks, charges and expenses before investing.
SEC Materials
Certain information provided through this Website has been filed with the Securities and Exchange Commission (“SEC”) (such materials being referred to as “SEC Materials”). The SEC Materials and other public disclosures contained on this Website contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act, with respect to BlueCrown’s future financial or business performance, strategies or expectations. BlueCrown’s subsequent reports filed with the SEC, accessible on the SEC’s website at www.sec.gov and on this Website, discuss these factors in more detail and identify additional factors that can affect forward-looking statements.
Trademarks, Copyrights and other Intellectual Property
The content contained on this Website is owned or licensed by BlueCrown and its third-party information providers and is protected by applicable copyrights, trademarks, service marks, and/or other intellectual property rights. Such content is solely for your personal, non-commercial use. Accordingly, you may not copy, distribute, modify, post, frame or deep link this Website, including any text, graphics, video, audio, software code, user interface design or logos. You may download material displayed on this Website for your personal use provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this Website for public or commercial purposes, including all text, images, audio, and video, without BlueCrown’s written permission. Modification or use of the materials for any other purpose violates BlueCrown’s intellectual property rights.
All trademarks, service marks, trade names, and logos displayed on this Website are proprietary to BlueCrown and/or their respective owners. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Website without the written permission of BlueCrown or such other third party that may own the trademark displayed on this Website. Your use of the trademarks displayed on this Website, except as provided herein, is strictly prohibited.
The use of the images displayed on this Website by you, or anyone else authorized by you, is prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, and the laws of privacy and publicity, and communications, as well as other regulations and statutes. If you download any information from this Website, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information.
Links to Other Websites
BlueCrown may establish links between this Website and one or more websites operated by third parties. BlueCrown has no control over any such other websites, the contents therein or the products/services offered. The existence of any such links shall not constitute an endorsement of, or representation or warranty by BlueCrown regarding such websites, the contents of the websites, the products or services of the websites or the operators of the websites. Your access to and use of such linked websites is governed by the terms of use and privacy policies of those sites, and shall be at your own risk. BlueCrown disclaims responsibility for the privacy policies and customer information practices of third-party internet websites hyperlinked from our Website.
Links to BlueCrown from Other Websites
You shall not display hyperlinks on your websites to any website owned or operated by BlueCrown. If you desire to display on your website a hyperlink to a BlueCrown website, you must enter into a written agreement with BlueCrown governing such display. Access to any BlueCrown website does not authorize you to use any of BlueCrown’s names, logos, trademarks or copyrighted material, and you agree not to do so without BlueCrown’s express written consent. Requests to display hyperlinks on your websites to BlueCrown websites should be e-mailed to webmaster@bluecrown.com
Transmissions to and From this Website
Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from this Website may not be secure. Communications to BlueCrown, particularly those containing confidential information, may be sent by mail to: BlueCrown, Inc., [Address], Attn: Webmaster. BlueCrown shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a website user to BlueCrown through this Website. You acknowledge and agree that BlueCrown has granted you limited access to the specific files pertaining to the BlueCrown Funds (“Approved Files”), and you agree not to attempt to access computer files other than the Approved Files. BlueCrown makes no warranty to you regarding the security of the Website, including with regard to the ability of any unauthorized persons to access information received or transmitted by you through or from the Website. BlueCrown reserves the right to cease providing, or to change, this Website and content of such information (or any portion or feature thereof) at any time or frequency and without notice.
Account and Transaction Information on this Website
Certain BlueCrown clients may access account information, including transactions, through this Website. Account information is unaudited unless noted otherwise, may be based on estimates. Do not make any investment decisions based on such information as it is subject to change.
Privacy Policy
Please review our Privacy Policy, which is a part of this Agreement and hereby incorporated by reference, to learn about our information collection practices and the measures we take to preserve the privacy and security of your information.
E-mail and Marketing
Financial professionals who complete the registration process to access the BlueCrown Advisor website are financial professionals and/or broker-dealers, as defined under applicable securities laws, and as such they may be authorized to offer certain products and services to their clients. Financial professionals may be authorized to access the Website to access information on behalf of their clients (each an “Authorized Person”). For purposes of access to the Website, BlueCrown considers financial professionals to be persons who are registered or are eligible to register with the Financial Industry Regulatory Authority (“FINRA”), or other securities regulators in other jurisdictions. Financial professionals include, but are not limited to, individuals and organizations that conduct operations as: registered representatives, investment advisor representatives, or associated persons of a broker-dealer (“Registered Persons”), or registered investment advisor (“RIA”) firms.
By completing the registration process for the BlueCrown Advisor website, you: (i) certify that all of the information provided by you to BlueCrown Advisor is accurate and current; (ii) agree to maintain and promptly update any registration information you provide to BlueCrown Advisor, to keep such information accurate, current and complete; (iii) agree to be responsible for maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration on the BlueCrown Advisor website; (iv) agree to notify BlueCrown Advisor immediately of any unauthorized use of your email address and/or password, or any other breach of security, and (v) accept all risks of unauthorized access to the information and registration data you provide to BlueCrown Advisor.
You are responsible for providing your own hardware, software and other technology to access the Website, and BlueCrown Advisor does not guarantee that your access to the Website will be uninterrupted, error-free, or secure, or that any data sent, received, or stored via the Website will be transmitted in uncorrupted form.
E-mail communications, including those sent through the Website’s e-mail and messaging system, are not encrypted, and BlueCrown Advisor makes no security claims regarding e-mail, including without limitation that e-mail is a secure form of communication.
Unauthorized access to the Website is a breach of these Terms and a violation of law. You agree not to access the Website by any means other than through the interface that is provided by BlueCrown Advisor for use in accessing the Website. You further agree not to use any automated means, including without limitation agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of the Website. You agree not to engage in “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information from the Website.
Entire Agreement
These Terms constitute the entire agreement between BlueCrown and you with respect to your use of this Website. Any cause of action you may have with respect to your use of this Website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Santa Clara without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms shall be in an appropriate state or federal court located in the County of Santa Clara in the State of California and the parties unconditionally waive their respective rights to a jury trial.
Limitation of Liability
BLUECROWN AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THIS WEBSITE), EVEN IF BLUECROWN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE OR ANOTHER LINKED WEBSITE.
IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR IF YOU ACCESS THE WEBSITE SOLELY THROUGH AN ARRANGEMENT WITH YOUR EMPLOYER OR PLAN SPONSOR, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Broker-Dealer’s Potential Conflicts
BlueCrown Investments, Inc. and/or its affiliate may act as a principal for its own account or as an agent for its customers in connection with the sale to you or purchase by you of a security that is the subject of content prepared by BlueCrown. If it receives a mark-up or commission or acts as an agent for another person in connection with any such transaction, BlueCrown may have a potential conflict of interest. You understand this potential conflict and acknowledge that you may choose to effect securities transactions at another broker-dealer.
Timeliness of Content
All content on this Website is presented only as of the date published or indicated and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
Prohibited Uses
Except as otherwise stated in these Terms or as expressly authorized by BlueCrown in writing, you may not:
Use this Website in any manner that could damage or overburden any BlueCrown server, or any network connected to any BlueCrown server, as all servers have limited capacity and are used by many people;
Use this Website in any manner that would interfere with another party’s use of the Website;
Include the term “BlueCrown,” or any BlueCrown trademark or executive’s name, or any variation of the foregoing, as a meta-tag, hidden textual element;
Use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy this Website or the reports, data, information, content, software, products services, or other materials on, generated by or obtained from this Website, whether through links or otherwise (collectively, “Materials”), without BlueCrown’s permission, provided that generally available third-party web browsers may be used without such permission; or
Use this Website or the Materials in any manner that could create an impression of affiliation, sponsorship, or endorsement by BlueCrown.
Password Security and Notification
Certain parts of the Website are protected by passwords or require a login and are restricted to authorized users only. You may not obtain unauthorized access to such parts of the Website, or to any other protected materials or information, through any means not intentionally made available by BlueCrown for your specific use.
Unauthorized Use of Content
You agree to defend, indemnify and hold harmless BlueCrown, its affiliates and each of their respective officers, directors, members, partners, managers, and employees against any losses, damages, claims, liabilities, and costs (including reasonable attorneys’ fees) to the extent resulting from or arising out of any unauthorized or otherwise inappropriate use of any of the content of this Website attributable to you or which occurs through the use of your ID.
System Outages and Incomplete Transmissions
Internet software or transmission problems may produce inaccurate or incomplete copies of information and materials that may be downloaded and displayed on a user’s computer. BlueCrown is not liable for any damages, changes, or omissions that occur during the transmission of information and materials.
Termination
BlueCrown may terminate your access to the Website for any reason, without prior notice.
Waiver
No waiver by BlueCrown of any right under or term or provision of these Terms will be deemed a waiver of any other right, term, or provision of these Terms at the time of such waiver or a waiver of that or any other right, term, or provision of these Terms at any other time.
Integration and Severability
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.
The preceding Terms of use represent the entire agreement between BlueCrown and the user relating to the subject matter herein.
BlueCrown is an equal opportunity employer committed to diversity in the workplace.
Dated: March 2024
2023 BlueCrown, Investments Inc. All rights reserved.
