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Terms & Conditions

Terms of Use

These Terms are a binding agreement between you and IRA Financial and affiliated entities. By using or accessing the IRA Financial Websites, you accept and agree to be bound by these Terms. Your use of IRA Financial Websites is governed by the version of the Terms in effect on the date each IRA Financial Website is accessed by you. IRA Financial may modify these Terms at any time and without prior notice. You should review the most current version of these Terms by visiting an IRA Financial Website and clicking on the Terms of Use hyperlink located at the bottom of the page. These Terms are in addition to any other agreements between you and IRA Financial, including any customer or account agreements, and any other agreements that govern your use of information, content, tools, products and services available on and through the IRA Financial Websites.

Use of IRA Financial Websites

The IRA Financial Websites are intended only for your personal, non-commercial use, unless you and IRA Financial have agreed otherwise in writing.

No Solicitation

The IRA Financial Websites are intended to be made available only to individuals in the United States and the information on the IRA Financial Websites is only for such persons. Nothing on the IRA Financial Websites shall be considered a solicitation to buy or an offer to sell a security, or any other product or service, to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction.

Limitations on investment guidance and professional advice

The IRA Financial Websites are not intended to provide legal, tax, investment or insurance advice. Nothing on the IRA Financial Websites should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security or investment by IRA Financial or any third party. Certain investment planning tools available on the IRA Financial Websites may provide general investment education based on your input. You are solely responsible for determining whether any investment, investment strategy, security or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation.

Copyright policy, linking policy and trademarks

The IRA Financial Websites are protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in the IRA Financial Websites, including any text, graphics, video, audio, software code, user interface design or logos.

Unless you and IRA Financial have agreed otherwise, links from another web site to an IRA Financial Website must resolve to the top-level homepage of a IRA Financial domain (e.g., www.IRAFinancialTrust.com). In order to avoid confusion if you do link from another web site to an IRA Financial Website top-level homepage, your web site, and the link itself, may not suggest that IRA Financial endorses, sponsors or is affiliated with any non-IRA Financial website, entity, service or product, and may not make use of any IRA Financial trademarks or service marks other than those contained within the text of the link.

All trademarks and service marks on the IRA Financial Sites belong to IRA Financial or an affiliate, except third-party trademarks and service marks, which are the property of their respective owners.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide IRA Financial with the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
  2. A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works;
  3. An identification of the allegedly infringing material, and a description of where that material is located on the IRA Financial Websites;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner.

IRA Financial’s Agent for Notice of claims of copyright infringement can be reached as follows:

By mail: Roxanne Berens, 401 East, 8th Street, Suite 200R, Sioux Falls, SD 57103

Third party content and research

The IRA Financial Websites include general news and information, commentary, interactive tools, quotes, research reports and data concerning the financial markets, securities and other subjects. Some of this content is supplied by companies that are not affiliated with any IRA Financial Entity ("Third Party Content"). The Third Party Content is protected by copyright pursuant to United States laws and international treaties and is owned or licensed by the Third Party Content provider(s) credited.

IRA Financial has not been involved in the preparation, adoption or editing of Third Party Content and does not explicitly or implicitly endorse or approve such content. The Third Party Content providers do not implicitly or explicitly endorse or approve the Third Party Content, nor do they give investment advice, or advocate the purchase or sale of any security or investment.

While IRA Financial makes every attempt to provide accurate and timely information to serve the needs of users, neither IRA Financial nor the Third Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party sites. Third Party Content is provided for informational purposes only and IRA Financial and the Third Party Content providers specifically disclaim any responsibility for Third Party Content available on the site. You will use Third Party Content only at your own risk. THE THIRD PARTY CONTENT IS PROVIDED ON AN "AS-IS" BASIS. THE THIRD PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

THE THIRD PARTY CONTENT PROVIDERS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Timeliness of content

All content on the IRA Financial Websites 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

Because all servers have limited capacity and are used by many people, do not use IRA Financial Sites in any manner that could damage or overburden any IRA Financial server, or any network connected to any IRA Financial server. Do not use IRA Financial Sites in any manner that would interfere with any other party's use of the IRA Financial Websites.

Means of access

The IRA Financial Websites are generally intended to be viewed by a conventional web browser with a screen resolution of 800 by 600 pixels or greater. Although you may use other means to access the IRA Financial Websites, be aware that the IRA Financial Sites may not appear accurately through other access methods, and you use them only at your own risk.

You should not access the IRA Financial Sites through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved or made available by IRA Financial.

Certain parts of the IRA Financial Sites are protected by passwords or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the IRA Financial Websites, or to any other protected materials or information, through any means not intentionally made available by IRA Financial for your specific use.

Links provided on IRA Financial sites to mutual fund prospectuses may resolve to the fund's summary prospectus, if available, or alternatively to the fund's full prospectus.

Password security and notification

If you have a password for access to non-public areas of the IRA Financial Websites, you are solely responsible for maintaining the confidentiality and use of the password and other security data, methods and devices. Further, you are responsible for all activities that occur in connection with your password including all instructions electronically transmitted or use of any data, information or services obtained using your password and other security data. IRA Financial shall not be under any duty to inquire as to the authority or propriety of any instructions given to IRA Financial by you or via your password and shall be entitled to act upon any such instructions and IRA Financial will not be liable for any loss, cost, expense or other liability arising out of any such instructions. Accordingly, you should take steps to protect the confidentiality of your password. As an authorized user you accept full responsibility for the monitoring of your account including frequently checking your account information, reviewing your transaction history online and promptly reviewing any correspondence, account statements and confirmations received from IRA Financial. Notify IRA Financial immediately if you become aware of any unauthorized activity, disclosure, loss, theft or unauthorized use of your password. You agree to cooperate with IRA Financial in any investigation and agree to take corrective measures to protect your account from further fraudulent activity.

DISCLAIMER OF WARRANTIES

* IRA FINANCIAL DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE IRA FINANCIAL SITES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE IRA FINANCIAL WEBSITES ARE MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND IRA FINANCIAL DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.

* IRA FINANCIAL DOES NOT WARRANT THAT THE IRA FINANCIAL SITES WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. IRA FINANCIAL ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE IRA FINANCIAL WEBSITES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE IRA FINANCIAL WEBSITES WILL MEET YOUR EXPECTATIONS. THIS PROVISION MAY NOT APPLY TO PARTICIPANTS IN CERTAIN EMPLOYER-SPONSORED WORKPLACE SAVINGS PLANS.
LIMITATION OF LIABILITY

* IRA FINANCIAL WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE IRA FINANCIAL WEBSITES AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF IRA FINANCIAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

* IRA FINANCIAL WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH IRA FINANCIAL DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.

* 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 IRA FINANCIAL SITES SOLELY THROUGH AN ARRANGEMENT WITH YOUR EMPLOYER OR PLAN
SPONSOR, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

As a condition of your use of the IRA Financial Websites, you agree to indemnify and hold IRA Financial and its Third Party Content providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your use of the IRA Financial Websites, or from your violation of these Terms. This provision may not apply to participants in certain employer-sponsored workplace savings plans.

Changes to IRA Financial Websites

Unless otherwise agreed, IRA Financial may discontinue or modify the IRA Financial Websites at any time without prior notice to you, and you accept those modifications if you continue to use the IRA Financial Sites.

Termination

IRA Financial may terminate your access to the IRA Financial Websites for any reason, without prior notice.

Governing law

Unless otherwise agreed, these Terms and their enforcement are governed by the laws of South Dakota, without regard to conflicts of law, and shall inure to the benefit of IRA Financial's successors and assigns, whether by merger, consolidation, or otherwise. This provision may not apply to participants in certain employer-sponsored workplace savings plans.

Severability

If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.