Terms of Use

The Emperor Investments (“Emperor Investments”, “Emperor” or “Adviser”) website which offers advisory services (the "Service") are subject to these Terms of Service ("Terms"), which we may update or amend from time to time; your use of this website after we post any changes to these Terms constitutes your agreement to those changes. All references to "Emperor" herein shall include its affiliates.

The Service is owned by Emperor. If you do not agree with these Terms, you should immediately discontinue use of this website. The Service may include or make available general news and information, commentary, research reports and data concerning the financial markets, securities and other subjects; market data such as quotations for securities transactions and/or last sale information for completed securities transactions reported in accordance with federal securities regulations; access to blogs, wikis, online webinars, conferences, telecasts, podcasts and other public forums; (collectively, "Content"). By using the public areas of the website you are indicating your acceptance, without modification, of the disclaimers, terms and conditions set forth in this document, which apply equally to Emperor and to the Service and Information Providers. Customers of Emperor are granted additional levels of access to the website and their relationship with Emperor is governed by these Terms, as well as additional agreements and terms of use.

Content posted on the Emperor website is published as of its stated date or, if no date is stated, the date of first posting. Neither Emperor nor the Service has undertaken any duty to update any such information.

You are solely responsible for evaluating the merits and risks associated with the use of any Content on the Website before making any investment or other decision based on such Content. You agree not to hold Emperor or the Service liable for any possible claim for damages arising from any decision you make based on information made available to you through the Website.

The Content and services offered on the Website are intended for U.S. residents only. They shall not be considered a solicitation to any person in any jurisdiction where such solicitation would be illegal.

Any portfolio recommendations sent via the website will be delayed by the time it takes to receive the notification. Emperor does not make any representations, warranties or other guarantees as to the accuracy or timeliness of any such recommendations. Emperor does not make any representations, warranties or other guarantees as to the present or future value or suitability of any sale, trade or other transaction involving any particular security or any other investment.

Content is provided exclusively for personal and noncommercial access and use. Emperor company names and logos and all related product and service names, design marks and slogans are the property of the respective company or its affiliates. You are not authorized to, and agree not to, download, display or use any Content or name or mark in any publication, advertising, publicity or any other commercial manner, in connection with products or services that are not those of Emperor, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Emperor and/or its licensors, that dilutes the strength of Emperor's or its licensor's property, or that otherwise infringes Emperor's or its licensor's intellectual property rights. You further agree to in no other way misuse any Content that appears on the Service. You may not modify, copy, distribute, publish, license or sell any Content or any derivative work based on the Content.

Emperor may discontinue or modify any category of Content at any time. You release and agree to indemnify and hold harmless Emperor for any loss or damages that may result.

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

Emperor may provide access to blogs, wikis, online conferences, telecasts, podcasts, or other forums (the "Forums"). All communications made at or through the Forums are public. Emperor does not, unless otherwise required by law, have any obligation to screen, review, approve or endorse any Content obtained through the Forums. Reliance on the Content is at your own risk. By displaying, publishing, or otherwise posting any content on or through the website, you hereby grant to Emperor a limited, non- exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such content without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any such content, as well as the right to sublicense such content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones. You continue to retain all ownership rights to your content, and you continue to have the right to use your content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the website and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.

Emperor may delete any content that in its sole judgment violates these Terms. When discussing a particular company, stock or security, you will reveal any ownership interest in such company, stock or security.

Emperor may provide links to other Websites or resources. Because neither Emperor or the Service and Information Providers have any control over such websites and resources, you acknowledge and agree that Emperor is not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Emperor shall not be responsible or liable, directly or indirectly, for any damage, liability or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.

Registration

Certain features or services offered on or through the Site may require you to open an account and set up a profile, providing certain personally-identifiable information, including but not limited to your name, your social security number or other tax identification number, your address, your email address, and certain information about your financial situation and risk preferences (collectively, your “Client Information”). We reserve the right to restrict certain areas of information on the Site to such registered users. You agree that you will maintain and promptly update your Client Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect such, we reserve the right to terminate your account and refuse any and all current or future use of the Site by you. We are committed to your privacy, and our privacy policy (the “Privacy Policy”), the terms of which are incorporated herein, explains the policies put in place and used by us to protect your Client Information and your privacy as you visit and use the Site and use our Services. You are solely responsible for maintaining the confidentiality of your member name and password. You agree to notify us immediately of any unauthorized use of your member name, password, or account. The Company will not be responsible for any losses arising out of the unauthorized use of your account and you agree to indemnify and hold harmless the Company and its managing members, officers, equity holders, employees, partners, parents, subsidiaries, agents, affiliates, and licensors (collectively, "Affiliates"), as applicable, for any improper, unauthorized or illegal uses of your account and as otherwise set forth in these Terms of Use.

Promotions and Referrals

We may, at our sole discretion, make available promotions with different features to any users or prospective users of our Site or Services. These promotions, unless made to you, shall have no bearing whatsoever on your relationship with us. From time to time, we may offer you with incentives to refer new users to our Site or Services. These incentives may come in the form of reward shares, and we may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives at our sole discretion. We reserve the right to withhold or deduct reward shares or other benefits obtained through a promotion the event that we determine or believe that the receipt of the reward or benefit was in error, fraudulent, illegal, or in violation of these Terms of Use or an applicable referral agreement or program agreement.

Content and Materials

All text, videos, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork, algorithms, functionalities, features and computer code, including but not limited to design, structure, “look and feel” and arrangement of the content available on the Site (collectively, “Content”) is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. The Content, and the Site are owned by the Company and its Affiliates, and/or their licensors and suppliers (which may include lessors, lessees, owners, sellers, buyers, agents, brokers, multiple listing services, builders, service providers, content providers, vendors and others) (collectively, “Licensors and Suppliers”). Except as expressly provided in these Terms of Use, no part of the Site or the Content may be copied, reproduced, republished, posted, publicly displayed, translated, or distributed in any way. Subject to the limited rights to use the Site and Services pursuant to these Terms of Use, we retain all right, title and interest in and to the Site and Services, including all related intellectual property contained therein. Certain features of the Services allow you to upload, post, publish, share, store, or manage data or visual content (“Materials”). By posting or publishing Materials, you represent and warrant to us that you have all necessary rights to distribute such Materials to us, either because you are the author and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of such Materials. You hereby grant to us and our authorized personnel a worldwide, royalty-free, fully-paid, exclusive, transferable, sublicensable (as necessary to perform the Services) license to copy, publicly perform, publicly display, publish, distribute, create derivative works of, and use Materials as we deem appropriate to perform the Services and in accordance with these Terms of Use. You acknowledge and agree that we will own all right, title, and interest in and to any Materials, content, or other works of authorship created by us or on our behalf and used in connection with the Services. All Materials are the sole responsibility of the person who originated such Materials whether publicly posted or privately transmitted. Any use or reliance on any Content or Materials of other users posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or Materials posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Materials that might be offensive, harmful, inaccurate or otherwise inappropriate.

Copyright Policy

We respect the intellectual property of others and ask that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing Materials and for the termination, in appropriate circumstances, of users of our Site and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing Material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated copyright agent: (a) your physical or electronic signature; (b) identification of the copyrighted work(s) that you claim to have been infringed; (c) identification of the Materials on our services that you claim is infringing and that you request us to remove; (d) sufficient information to permit us to locate such Material; (e) your address, telephone number, and email address; (f) a statement that you have a good faith belief that use of the objectionable Materials are not authorized by the copyright owner, its agent, or under the law; and (g) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

Permitted Uses

Subject to the provisions in these Terms of Use, you may use the Site for non-commercial purposes to: (i) learn about the Program; (ii) learn about the Program, our investment advisory strategies, methods, and algorithms, the portfolios we have developed, and the securities that comprise those portfolios; (iii) enter into the Agreements; (iv) open an account to participate in the Program; (v) obtain investment advice in accordance with the terms and conditions of your Investment Advisory Agreement with us; (vi) select a portfolio among the various portfolios we develop; (vii) modify your selected portfolio and your selection among the portfolios to the extent provided in your Investment Advisory Agreement with us; (viii) initiate requests to deposit money for investment in the Program or to sell securities and withdraw money invested in the Program; (ix) access statements and confirmations regarding transactions in connection and the value of your account in the Program; (x) access and print or download copies of the current version of these Terms of Use, the Agreements, and other documentation relating to the Program; and (xi) make such other use of the Site as we may expressly permit from time to time in furtherance of the objectives and growth of the Program. Subject to these Terms of Use, we hereby grant you a personal, nontransferable, nonexclusive, non-sublicensable license to use the user interface of the Site and their respective Content and Services in accordance with these Terms of Use, and for no other purpose. All rights, title and interest in and to the user interface and Content, including any software, on or through the Site shall belong to us or our Licensors and Suppliers, including all modifications thereof and enhancements thereto. The Content and user interface made available from, on or through the Site may not be copied, modified, republished, assigned, sold or distributed to you, nor may derivative works be prepared therefrom. The license granted to you pursuant to these Terms of Use is solely for your personal use (but not for resale or redistribution) as a user of the Site and may not be used for any other purposes. You shall not reverse engineer, de-compile, or otherwise translate, in any way, the Content and user interface made available from, on or through the Site. You have no right or claim of right to the Content or any unique ideas found on the Site. No ownership rights are granted to you hereunder and no title is transferred hereby.

Prohibited Uses

You may not use the Site or Services for illegal or unlawful or malicious activities, or for activities that we deem improper for any reason whatsoever in our sole judgment, including, without limitation, the laundering of proceeds of any unlawful activity, the financing of terrorism, the commission of fraud or market manipulation, the harassing or making disparaging comments to any user of the Site. We reserve the right to take preventative or corrective actions to protect ourselves and our users. Your use of the Site and Services is conditioned in part on your compliance with the rules of conduct provided herein, and your failure to comply may result in termination of your access to and use of the Site and Services and liability for damages caused by your noncompliance. In addition to the foregoing, while using the Site and Services, you may not, except as may be expressly set forth above under “Permitted Uses” (a) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate information; (b) defame, abuse, harass, stalk, intimidate, bully, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (c) access or use (or attempt to access or use) another user’s account without permission, or solicit another user’s login information; (d) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (e) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Services; (f) “frame” or “mirror” any portion of the Site or Services; (g) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or Services; (h) harvest or collect information about or from other users of the Site or Services; (i) use the Site or Services for any illegal activity; (j) probe, scan or test the vulnerability of the Site, nor breach the security or authentication measures on the Site or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, such as a denial of service attack; (k) send or otherwise post unauthorized commercial communications (such as spam); (l) engage in unlawful multi-level marketing, such as a pyramid scheme; (m) post content that is hateful, threatening or pornographic, incites violence, or contains nudity or graphic or gratuitous violence; (n) access or use any portion of the Content if you are a direct or indirect competitor of the Company, or provide, disclose or transmit any portion of the Content to any direct or indirect competitor of the Company; (o) use or distribute any Content, including Content that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product; or (p) facilitate or encourage any violations of this Section.

Disclaimer of Representations or Warranties

Content and Service are provided on an "as is," "as available" basis, and Emperor does not make any representations as to the suitability of the Content, Services or other materials for any purpose. Emperor expressly disclaims any and all warranties, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability and accuracy with respect to the service and the materials.

Last updated: February 2019