TERMS OF USE

LAST AMENDED DATE: September 15, 2018

Antigravityinvestments.com (hereinafter the “Website”) is operated by Antigravity Investments Inc. (hereinafter “Antigravity”), an SEC Registered Investment Advisor. The following terms of use govern the use of this Website, which is managed by Antigravity. BY USING THIS WEBSITE (ANTIGRAVITYINVESTMENTS.COM) AND THE ONLINE SERVICES, YOU AGREE TO THESE TERMS OF USE.

Notices

Privacy

For information about your privacy please see our Privacy Policy.

Browser Support

Antigravity supports the two latest versions of the following web browsers: Chrome, Internet Explorer, Firefox, and Safari. Due to the rapidly evolving nature of web technology, we cannot guarantee the accuracy or functionality of any advice or information offered on the Website unless viewed in a supported browser.

Investment Tools and Model Predictions

Although Antigravity carefully evaluates potential returns based on historic performance, Antigravity makes no representation regarding the likelihood or probability that any actual or proposed account allocation will in fact achieve a particular investment outcome or goal. Past performance is not a guarantee of future success, and market volatility means that returns in any period may be far above or below those of previous period. Some customers have investment results that materially differ from those indicated by our investment tools and projections. Investments arranged through Antigravity may lose value. Antigravity is unable to predict or forecast market fluctuations or other uncertainties that may affect the value of any investment.   Model predictions are inherently limited in that they do not represent actual trading nor material economic or market factors that might have had an impact on Antigravity’s advice. Portfolio performance projected by the Website is based on Antigravity’s current recommended portfolios and broad market indexes, for periods that pre-date the issuance of funds in our current recommended portfolios. Portfolio performance projected by the Website accounts for the reinvestment of dividends as well as investment fees. While the Website is designed to provide helpful investing guidance, as a self-directed investor, you must carefully consider the appropriateness of the proposed investments in light of your own personal financial circumstances, including cash flow needs, tax circumstances, or other complex or subjective concerns. You are urged to use all available resources to educate yourself about investing in general, as well as the investments and the overall composition of your brokerage accounts. Additionally, market conditions and your personal financial circumstances may change – perhaps suddenly or maybe gradually over time. Monitoring and adjusting your Antigravity account to suit changing circumstances is your responsibility, and it is recommended that you reassess any investing program on a regular basis to ensure that it remains consistent with your current financial resources and investment objectives.

Commentary

The Website contains links to certain articles only as a convenience. Linked articles have been written by third parties not affiliated with Antigravity. No information contained in these articles has been endorsed or approved by Antigravity, and Antigravity is not responsible for the content. No information accessed through these articles constitutes a recommendation by Antigravity to buy, sell or hold any security, financial product or instrument discussed therein. This information neither is, nor should be construed, as an offer, or a solicitation of an offer, to buy or sell securities by Antigravity. You shall be fully responsible for any investment decisions you make, and such decisions will be based solely on your evaluation of your financial circumstances, investment objectives, risk tolerance, and liquidity needs.

Business Continuity Statements

SEC Rules require investment advisers to create and maintain a business continuity plan.

In accordance with these rules, Antigravity has developed a plan that is intended to permit us to continue critical business operations during natural disasters, power outages or other significant events.

While there can be no assurance that service will continue without interruption in all circumstances, the plans do address the actions that the firms will take in the event that there is a significant disruption. Account access is planned to be restored as the first step, which would be followed by other critical business operations.

If there is a local disruption to the operating facilities of Antigravity, the respective business continuity plans call for Antigravity to establish operations from an alternate location.

We maintain data backup records, located well away from our primary facility so that they would not be affected by a regional disruption. We intend for account access to be available through these records should the primary data center suffer a disruption. Our plan will be reviewed, updated and tested periodically.

Trademarks

We work hard to make sure our goods and services are easily recognizable. We do this by associating our goods and services with our trademarks and trade dress (“Mark” or collectively “Marks”). This is why our Marks cannot be used in any manner that is deceptive or disparaging, or in connection with any product or service that is not ours. Without our prior written consent, using a Mark constitutes trademark infringement and unfair competition in violation of federal and state laws.

The following is a non-exhaustive list of our Marks. The absence of a product or service name or logo from this list does not constitute a waiver of trademark or other intellectual property rights.

Antigravity Investments

Antigravity Investments Inc.

For more information on how to use our Marks contact [email protected].

Copyright and Other Intellectual Property

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

The material contained within the Websites is provided by Antigravity only for lawful uses by customers, Antigravity 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 written consent of Antigravity.

Digital Millennium Copyright Act

Antigravity respects the intellectual property rights of others and expects its users to do the same. Pursuant to the Digital Millennium Copyright Act of 1998 (the “DMCA”), Antigravity will respond expeditiously to notices of alleged copyright infringement on the Website that are reported to Antigravity.

Antigravity prohibits copyright infringing activities on the Website and will, if properly notified of infringing files, expeditiously remove or disable access to such files. Upon receipt of the notice, Antigravity will take whatever action, in its sole discretion, it deems appropriate, including removing or disabling access to the material without prior notice, to the extent it is technologically possible given the nature of the Website.

Notice: If you are a copyright owner, or agent thereof, please report alleged copyright infringements taking place on or through the Website or other Antigravity services by completing a DMCA notice of alleged infringement and delivering it to Antigravity. Upon receipt of a notice, Antigravity will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Website.

Counter notice: Once an appropriate notice is received, Antigravity will follow the procedures provided in the DMCA, which set forth a notice and takedown process, subject to the alleged infringer’s right to submit a counter-notification claiming lawful use of the copyright or other intellectual property interest that is allegedly infringed. Please note that any notices or counter notices received may be sent to Antigravity’s legal advisors.

Please provide the following information to us:

Deliver this notice, with all items completed, to [email protected].

Link

Clicking on certain links within the Website or certain other websites that are linked to the Website may take you to other websites or may display information on your computer screen from other websites, which may not be maintained by Antigravity. Such websites may contain terms of Use, privacy provisions, confidentiality provisions, or other provisions that differ from the terms of Use applicable to the Website. Links to other Internet services and websites are provided solely for the convenience of users. A link to any service or website is not an endorsement of any kind of the service or website, its content, or its sponsoring organization.

Antigravity assumes no responsibility or liability whatsoever for the content, accuracy, reliability or opinions expressed in a website, to which the website is linked, and such linked websites are not monitored, investigated, or checked for accuracy or completeness by Antigravity. It is your responsibility to evaluate the accuracy, reliability, timeliness and completeness of any information available on a linked website. All products, services and content obtained from a linked 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.

Limited Liability

NEITHER ANTIGRAVITY NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE INFORMATION AT THE WEBSITE, NOR THE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES OF ANTIGRAVITY, ARE LIABLE IN ANY WAY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THE USE OF THE WEBSITE OR A LINKED WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR A LINKED WEBSITE, WHETHER OR NOT ANTIGRAVITY IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES, DATA OR HARMFUL CODE THAT MAY AFFECT YOUR EQUIPMENT OR ANYONE ELSE’S EQUIPMENT, ANY INCOMPATIBILITY BETWEEN THE WEBSITE’S FILES AND YOUR BROWSER OR OTHER WEBSITE ACCESSING PROGRAM, OR ANY FAILURE OF ANY ELECTRONIC OR TELEPHONE EQUIPMENT, COMMUNICATION OR CONNECTION LINES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, OR ANY FORCE MAJEURE. ANTIGRAVITY DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR A LINKED WEBSITE. THE CONTENT, ACCURACY, OPINIONS EXPRESSED, AND OTHER LINKS PROVIDED BY LINKED WEBSITES ARE NOT NECESSARILY INVESTIGATED, VERIFIED, MONITORED OR ENDORSED BY ANTIGRAVITY. THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTION OF SERVICES PUBLISHED ON THE WEBSITE OR A LINKED WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND ANTIGRAVITY SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE WEBSITE AND LINKED WEBSITES. ANTIGRAVITY MAY MAKE IMPROVEMENTS OR CHANGES TO THE WEBSITE AT ANY TIME.

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. ANTIGRAVITY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY, TIMELINESS AND COMPLETENESS OF ANY INFORMATION AVAILABLE ON THE WEBSITE. ANTIGRAVITY SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE WEBSITE.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD ANTIGRAVITY HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY’S FEES RELATED TO YOUR VIOLATION OF THESE TERMS OF USE OR THE USE OF THE SERVICES AND INFORMATION PROVIDED AT THE WEBSITE.

Confidentiality of Information

Antigravity has taken reasonable steps to ensure the confidentiality of information taken through the Website and transmitted via the internet. However, unexpected changes in technology may be used by unauthorized third parties to intercept confidential information, and we cannot be responsible should confidential information be intercepted and subsequently used by an unintended recipient.

Please read our customer Privacy Policy for further information on confidentiality of information.

Restricted access

Access to certain areas of the Website is restricted. Antigravity reserves the right to restrict access to certain areas of the Website, or at its discretion, this entire Website.

If Antigravity provides you with a user ID and password to enable you to access restricted areas of the Website, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security and for all activities that occur using your password and user ID.

Antigravity may disable your user ID and password at its sole discretion without notice or explanation.

Website Content and Material

The information and materials contained in the Website, including but not limited to these Terms of Use and any product information, are subject to change without notice. You are deemed to be apprised of and bound by any such changes. Please review the date last updated, as your use of the Website after that date will constitute your consent to the changes made. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination and acceptance by us.

Termination

You agree that, without notice, Antigravity may terminate these Terms of Use, or suspend your access to Antigravity’s service or the content, with or without cause at any time and effective immediately. These Terms of Use will terminate immediately without notice from Antigravity if you, in Antigravity’s sole discretion, fail to comply with any provision of these Terms of Use. Antigravity shall not be liable to you or any third party for the termination or suspension of the service or the content, or any claims related to such termination or suspension.

Choice of Law

You agree that these Terms of Use shall be governed by and interpreted in accordance with the laws of the State of Delaware, without giving effect to principles of conflicts of law. Any legal action or proceeding arising under these Terms of Use will be brought exclusively in courts located in New Castle County, Delaware, and you hereby irrevocably consent to the personal jurisdiction and venue therein.

Waiver and Severability

Any waiver of any provision contained in these Terms of Use shall not be deemed to be a waiver of any other right, term or provision of these Terms of Use. If any provision in these Terms of Use shall be or become 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.

Access and Interference

You must not use the Website in any way that causes, or may cause, damage to or impairment of the availability of accessibility of the Website or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to the Website without Antigravity’s express written consent. This includes:

You must not use this Website or any part of it to transmit or send unsolicited commercial communications.

You must not use this Website for any purposes related to marketing without the express written consent of Antigravity.

You must not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the any aspect of our Website or equipment for any purpose.

You shall not sign up under a false name.

Secured Areas

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

Telephone Call Monitoring and Recording

Authorized employees or agents of Antigravity may monitor and record all or portions of your telephone calls to Antigravity for quality control, customer service, employee training, security, legal compliance, and other lawful purposes. Your consent will be ongoing and need not be confirmed prior to, or during such monitoring or recording, except to the extent applicable law expressly requires otherwise.

Communications

By using the service or the content of the Website, you consent to any form of recording and retention of any communication, information and data exchanged between you and Antigravity or its representatives or agents.

U.S. Residents Only

The content and the service are intended for United States residents only. They shall not be considered a solicitation to any person in any jurisdiction where such solicitation would be illegal.