Last Updated: September 20, 2023
I. INFORMATION WE COLLECT
1. Contact Information
2. Account Information
3. Payment Information
4. Information obtained automatically from your online activity
5. Information Obtained From Third-Party Analytics Services
6. Information Obtained From Other Sources
III. INFORMATION USE AND SHARING
IV. YOUR CHOICES
V. HOW WE PROTECT YOUR INFORMATION
VI. RETENTION OF YOUR INFORMATION
VII. CHILDREN’S PRIVACY
VIII. EXTERNAL WEBSITES AND THIRD PARTIES
IX. DO NOT TRACK
X. NOTICE TO CALIFORNIA RESIDENTS
XI. NOTICE TO NEVADA RESIDENTS
XII. IMPORTANT NOTICE TO NON-U.S. RESIDENTS
XIV. HOW TO CONTACT US
In the course of operating the Digital Properties, providing the Services and/or interacting with you, Range collects and/or receives the following types of information, which may include personal information.
We collect contact information through our Digital Properties and Services, which typically includes name, email address, phone number, and any information provided in messages to us (“Contact Information”). We use Contact Information for purposes such as providing information about the Services, responding to your inquiries, sending you email alerts (including marketing emails), verifying your identity, maintaining our waitlist for clients seeking to open a Member Account, or providing you the Services.
Member Accounts: To access and use our Services, you will need to access our Platform and/or download the App (available on iOS and Android), and open one or more accounts with Range (each a “Member Account”). In order to open Member Account(s), you will be required to provide certain information in addition to Contact Information such as your date and country of birth, nationality, passport numbers (or numbers associated with other government issued identification), Social Security Number or Tax ID, gender, marital status, photo, employer name and address, information about the beneficiaries you choose to list, including the beneficiaries name, birth date and Social Security Number, financial information such as bank account and payment card details, suitability information, income, revenue, and other sources of funds, account balance, credit scores, tax information and other information about financial situation, investment objectives, stock restrictions, approximate net worth, and risk preferences and tolerance.
We reserve the right to accept or decline any application(s) for Member Accounts in our sole and absolute discretion.
Investment Advisory Agreements: Once we approve your application for a Member Account, you will be required to acknowledge certain disclosures and enter into various agreements with Range which may include, but are not limited to, investment advisory agreements and subscription agreement(s) (collectively, “Investment Advisory Agreements”). Range may request that you provide ACH transfer information or wiring instructions in connection with the Services. Applicable fees and payment terms are described in the Investment Advisory Agreements.
When you access or use any of our Digital Properties and/or Services, we use browser cookies, pixels, web server logs, web beacons, and similar technologies (collectively, “Tracking Technologies”) to automatically collect or receive certain standard technical information and other data (such as traffic data, location data, logs and other communications data) sent to us by your computer, mobile device, tablet, or any other device over time on our Digital Properties, and your online activity across third party websites, apps, and devices. We may also evaluate your computer, mobile phone, or other access device to identify any malicious software or activity that may affect the availability of our Digital Properties and Services.
When you access or use any of our Digital Properties and/or Services, advertising companies, analytics networks and providers, and other third parties may use Tracking Technologies to collect information about your online activities over time and across different websites, apps, online services, digital properties and devices.
The data we or third parties collect automatically may include personal information and/or statistical data that may not identify you personally; however, we or third parties may maintain, combine, or associate it with personal information collected in other ways or received from third parties. We and/or third parties use this information to (i) enhance the performance and functionality of our Digital Properties and/or Services; (ii) personalize your experience with the Digital Properties and/or Services, understand how you use our Digital Properties and/or Services, maintain a persistent session, and improve and further develop our Digital Properties and/or Services; and (iii) serve targeted and other advertising, and provide custom experiences, across other sites, apps, online services, digital properties and devices, measure how the ads perform, and for analytics purposes.
The Tracking Technologies used on the Digital Properties and Services include the following, among others:
Local Storage Technologies: We may use local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data on your device outside of your browser in connection with specific applications.
Web Beacons: We use Web beacons, also known as pixel tags or clear GIFs, to demonstrate that a webpage or email address was accessed or opened, or that certain content was viewed or clicked.
Third Party Sites: When access to the Digital Properties and/or Services is made available to you through third-party sites, such as social media, please be aware that these other sites maintain their own policies regarding Tracking Technologies and the collection and use of information. You are responsible for reviewing those policies.
We may add to or change these third-party analytics services from time to time. For more information on our analytics services, including how to opt out from certain data collection, please visit the sites below. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Digital Properties or the Services. If you have any questions, or to request a current list of our third-party analytics services, please contact us as set forth in Section XIII (“How to Contact Us”).
For more information on Google Analytics, including how to opt out from certain data collection, please visit https://www.google.com/analytics
Service Providers: We may collect or receive your personal information from third party service providers such as credit bureaus and service providers (e.g., providers of Anti-Money Laundering (“AML”) or Know Your Customer (“KYC”) services).
Government and Public Sources: As permitted by applicable law, we may also collect or receive your personal information from publicly available government records, directories, and sources such as courts, tax authorities, government agencies, regulatory authorities, and law enforcement.
Inferences: We may collect or receive inferences, which are assumptions or extrapolations that have been drawn from your information to create a profile which may include your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes.
We may use and share your personal information as set forth below:
Marketing Communications: You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any of our marketing emails. Please note that you cannot opt out of receiving transactional e-mails.
Cookie Management: Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies or other Tracking Technologies, the Digital Properties and/or the Services may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org.
You will need to apply these opt-out settings on each device from which you wish to opt-out. We cannot offer any assurances as to whether the companies we work with participate in the opt-out programs described above.
We take commercially reasonable steps to protect your information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. We use Secure Sockets Layer (SSL) and other transmission technologies to encrypt your information so as to prevent unauthorized access in transit. Please understand, however, that no security system is impenetrable. Please note that although we employ industry-standard security measures to safeguard the security of your information, no transmissions made on or through the Internet are guaranteed to be secure. Therefore, we cannot ensure the absolute security of any information you transmit to us, and you use our Digital Properties and Services and provide us with your information at your own risk.
Our Services are only available to individuals aged 18 or older, and we do not knowingly collect personal information from any person under the age of 18. If an individual under the age of 18 has provided us with personal information, a parent or guardian of that child may contact us and request that such information be deleted, and we will endeavor to delete that information from our databases.
As discussed above, third parties such as advertising networks and analytics providers may collect information about your online activities over time and across different websites when you access or use the Services. Currently, various browsers offer a “Do Not Track” option, but there is no standard for commercial websites. At this time, we do not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.
Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to obtain certain information about the types of personal information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. If you wish to submit a request pursuant to Section 1798.83, please contact us via email at firstname.lastname@example.org.
We do not sell your personal information as defined under Nevada law. Nonetheless, if you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties. You can exercise this right by contacting us at email@example.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your Account.
The Digital Properties, the Services and our servers are operated in the United States. Please be aware that your information, including your personal information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your country of origin. If you are located outside the United States and choose to use the Digital Properties and/or Services, you consent to any transfer and processing of your personal information in accordance with this Privacy Notice, and you do so at your own risk.
Range Finance, Inc.
440 Monticello Ave Ste 1802 PMB 32321
Norfolk, Virginia 23510-2670
Last Updated: September 20, 2023
Some of the services provided by Range, may be subject to our additional terms, conditions, agreements, policies, guidelines, rules and schedules, which will be posted or made available separately from this Agreement when the services are offered (“Additional Terms”) including, without limitation, our investment advisory agreement located at https://www.range.com/public/advisory-agreement (“Investment Advisory Agreement”). The Additional Terms, as applicable, are incorporated into and form a part of this Agreement. If there is a conflict between this Agreement and the Additional Terms, the Additional Terms will control.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
You do not need an account to visit or access our Digital Properties. If you would like to use our Services, you can download the App from the Apple, Android or any other app store through which the App is made available to you using your app store credentials.
Access to certain Services, however, is enabled by becoming a member (“Member”) by registering for one or more Member Account(s) and a username/password (“Credentials”). When registering for a Member Account, you agree to: (a) provide true, accurate, current and complete information; and (b) maintain and promptly update the information to ensure that it remains true, accurate, current and complete. You represent that you are at least eighteen (18) years old, of legal age to form a binding contract, and not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for maintaining the security of your Credentials. In no event shall you share your Credentials with any third party, or allow another person to access the Services using your Credentials. You agree to monitor your Member Account(s) and restrict use by any other persons, including minors, and you will accept full responsibility for any such unauthorized use. You shall immediately notify us if you have any reason to believe that your Credentials has been lost, compromised, or misused in any way, and report any unauthorized or suspicious activity in your Member Account. You are fully and solely responsible for any and all use of the Services using your Member Account and/or Credentials.
The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit any of the Digital Properties and the Services, including any Content contained therein; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other parts of the Digital Properties and the Services (including images, text, page layout or form); (c) you shall not use any metatags or other “hidden text” using Range’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer all or any part of the Digital Properties and the Services including, without limitation, the Content (including any infrastructure, software programs, trade secrets, know-how, processes, features, functionalities, algorithms, templates, data, information and intellectual property incorporated therein, and/or used by Range to operate and provide the Digital Properties, and/or the Services, and all enhancements, derivative works, extensions, improvements or other modifications thereto), except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Digital Properties and the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of the Digital Properties and the Services, including the Content, may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Digital Properties and the Services, including the Content; (h) you shall not access or use the Digital Properties and the Services in an unlawful way or for an unlawful or illegitimate purpose, including without limitation any violation of the antifraud or registration provisions of the securities laws of the U.S. or any state therefore; (i) you shall not take any action or post or transmit via the Digital Properties and the Services any content (i) under a false name; (ii) that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, misleading, deceptive or hateful to any person, including Range; (iii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others; (iv) that constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (v) that involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Range’s prior written consent; or (vi) impersonates any person or entity, including any employee or representative of Range; (j) you shall not attempt to disrupt the operation of the Digital Properties and the Services in any manner, including, but through the use of methods such as denial of service attacks, flooding or spamming and you will not transmit, distribute, introduce or otherwise make available in any manner through the Digital Properties and the Services any computer virus, keyloggers, spyware, worms, Trojan horses, time bombs or other malicious or harmful code (collectively, “Harmful Code”); (k) you shall not use the Digital Properties and the Services in any manner that could damage, disable or impair our services or networks; and (l) you shall not attempt to gain unauthorized access to any accounts or computer systems or networks, through hacking, password mining or any other means. Any future release, update or other addition to the Digital Properties and the Services shall be subject to the Agreement. Range, its suppliers and service providers reserve all rights not granted in the Agreement.
We reserve the right to suspend, revoke, or deactivate your Credentials and/or your Member Account if you violate this Agreement. We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an account or use the Digital Properties and the Services if you have been previously removed by Range, or if you have been previously banned, suspended or had your rights revoked from any of the Digital Properties and/or the Services.
By entering into the Agreement or using the Digital Properties and/or the Services, you agree to receive communications from us, including via e-mail. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Member Account(s) or the use of the Services, updates concerning new and existing features on the Digital Properties and the Services, communications concerning promotions run by us or our third-party partners, and news concerning Range and industry developments. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.
Range hereby grants you a limited, non-exclusive, non-transferable license to download and install a copy of the App on a single mobile device that you own or control and to run such copy of the App solely for your own personal use. Furthermore, with respect to any App accessed through or downloaded from the Apple, Inc. (“Apple”) application store (“Apple App”), you will use the Apple App only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the App Store Terms of Service. We reserve all rights in and to the App not expressly granted to you under these Terms of Service.
The Digital Properties and the Services contain content, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of Range (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, in a networked computer environment, or any other digital property for any purpose is expressly prohibited. Elements of the Digital Properties and the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors.
The trademarks, service marks, and logos of Range (the “Range Trademarks”) used and displayed on the Digital Properties and the Services are registered and unregistered trademarks or service marks of Range. Other company, product, and service names located on the Digital Properties and the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Range Trademarks, the “Trademarks”). Nothing on the Digital Properties and the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Range Trademarks inures to our benefit.
The following terms apply to any Apple App. These terms are in addition to all other terms contained in these Terms of Service:
By purchasing a Subscription, Member acknowledges that Member’s Subscription has an initial and recurring payment charge at the then-current Subscription rate, Member agrees that Range may submit quarterly or yearly charges, in advance to Members chosen payment method without further authorization from Member, until Member provides notice to Member that Member wishes to cancel Member’s Subscription or to change Member’s payment method. Member further accepts responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by Range after the expiration date of Member’s payment card.
Member may change or terminate Member’s Subscription by emailing us at firstname.lastname@example.org. If Member terminates Member’s Subscription, Member may use Member’s Subscription until the end of the then-current subscription cycle, and the Subscription will not be renewed after that period expires. Range does not refund any pre-paid portion of the Subscription Fee. Range may immediately terminate or suspend Member’s Subscription for any reason or no reason in accordance with these Terms of Service, including for failure to pay the applicable Fees when due. If we terminate or suspend Member’s Subscription, Member’s right to use any software or content provided in connection with the Subscription is also terminated or suspended (as applicable).
From time to time, we may invite Members to try “beta” features or functionalities of the Services which are not generally available to our other members for use at no charge. Member may accept or decline any such trial in its sole discretion. Such beta features are for evaluation purposes only and not for use, are not considered part of the Services under this Agreement, are not supported, and may be subject to additional terms. Unless otherwise expressly agreed to by us, any beta feature trial period will expire upon the date that a version of the beta feature becomes generally available to all of our members for use or upon the date that we elect to discontinue such beta feature. We may discontinue beta features at any time in our sole discretion and may never make them generally available as part of the Services. We will have no liability to you or any third party for any harm or damage arising out of or in connection with any use of a beta feature, and your use of any beta feature is at your own risk.
In using the Services, you will have access to confidential information of Range and its affiliates and their respective clients, brokers, licensors and suppliers that may include, but is not limited to the names, business and financial information, business plans, operating agreements, investment memorandums, and customer names of Range’s and its affiliates’ clients (collectively, “Confidential Information”).
You agree to maintain and diligently safeguard the privacy and security of all Confidential Information. Without limiting the foregoing, you agree to undertake all necessary measures to ensure the privacy and security of all Confidential Information including without limitation: (i) to use the Confidential Information only for the purpose for which such Confidential Information was made available to you as a part of the Services (the “Permitted Purpose”) and for no other purpose whatsoever; (ii) not to access, use or disclose any Confidential Information that you have no legitimate authorization to access, use or disclose; (iii) not to access the Services or any Confidential Information for any other individual (except to the extent fully disclosed by you to Range) or any unauthorized third party; (iv) not to disclose Confidential Information to any third-party except to your attorneys and financial advisors who need to know such information to assist you to carry out the Permitted Purpose (the “Representatives”) and which Representatives are bound by a written confidentiality agreement containing disclosure and use provisions no less restrictive with respect to disclosure than those set forth herein; (v) to restrict physical and system access to the systems which contain Confidential Information or which gives access to the Confidential Information; and (vi) to use Confidential Information in compliance with all applicable laws. You shall immediately notify and cooperate fully with Range in the event you discover or suspect any unauthorized use of or access to the Services and/or Confidential Information. You hereby agree that you shall be responsible hereunder for any breach or threatened breach by the Representatives of the obligations set forth in this section as if such breach or threatened breach was committed by you. You acknowledge and further agree that all obligations relating to Confidential Information under Agreement will continue after termination of this Agreement and termination of access rights hereunder.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to Range (collectively, “Feedback”) are not confidential and you hereby grant to Range a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as it deems appropriate, for any and all commercial or non-commercial purposes, in its sole discretion.
The Digital Properties and the Services may permit you to link to External Websites. When you access External Websites you do so at your own risk. We do not endorse, authorize or represent any affiliation with External Websites, nor do we exercise any control over External Websites. You acknowledge and agree that Range is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of External Websites. Our Agreement does not apply to External Websites, and we encourage you to review their privacy policies, terms of service and related policies before visiting.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, together with all related damages, fees, costs, expenses and other losses (including, without limitation, reasonable legal and accounting fees), arising or resulting from: (i) your breach of this Agreement, (ii) your misuse of the Digital Properties, Content or the Services, (iii) your failure to comply with any applicable laws and regulations, and/or (iv) your violation of any rights of another party. We shall provide notice to you of any such claim, suit, or proceeding. Range reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Range in asserting any available defenses. You shall not settle any such claim without our prior written consent. This obligation shall survive this Agreement and your use of the Services.
Your use of the Digital Properties and the Services and any decisions you make to invest money are at your sole risk. Investments in securities are speculative and involve a high degree of risk and any persons that cannot afford to lose it or their entire investment should not invest.
Except with respect to personalized investment recommendations made to users that are advisory clients of Range (subject to the terms of the Investment Advisory Agreement), Content that is published to the Digital Properties should not be construed as solicitation or recommendation of any investment or investment strategy. Range and its officers, associated persons, or members of their families, may at any time be long or short, purchase or sell, or own options, rights or warrants in any securities of the companies discussed in any Content, and may make purchases or sales of these securities. Except with respect to personalized investment recommendations made to users that are advisory clients of Range (subject to the terms of the Investment Advisory Agreement), Content is meant for informational purposes only and you should consult your portfolio managers, analysts, investment advisers, financial advisors, accountants, attorneys, or investment committees, as applicable, responsible for management of applicable assets before acting on information made available on or through the Digital Properties and the Services. Content contains forward looking predictions that are subject to certain risks and uncertainties which could cause actual results to differ materially from those currently anticipated or projected. Prices are subject to change at any time. Range provides Content to you in an effort to provide comprehensive information of a range of possible investment opportunities. Securities discussed in the Content are not suitable for all investors due to different needs, objectives, and financial resources. The securities mentioned may not be registered in every state. Investors should consider these factors when making an investment decision.
Unless you are an advisory client of Range (subject to the terms of the Investment Advisory Agreement), no communication by Range, through the Digital Properties and the Services or any other medium, should be construed or is intended to be a recommendation to purchase, sell or hold any security or otherwise to be investment, tax, financial, accounting, legal, regulatory or compliance advice. Unless you are an advisory client of Range (subject to the terms of the Investment Advisory Agreement), nothing on the Digital Properties and the Services is intended as an offer to purchase or sell securities or a solicitation of any securities transaction. Investing in securities described in the Content on the Digital Properties and the Services poses risks, including but not limited to credit risk, interest rate risk, and the risk of losing some or all of the money you invest. Before investing in any securities, you should: (1) conduct your own investigation and analysis; (2) carefully consider the investment and all related charges, expenses, uncertainties and risks; and (3) consult with your own investment, tax, financial and legal advisors.
With respect to users who are advisory clients of Range and who receive non-discretionary services (“Non-Discretionary Services”), you understand and acknowledge that the results you could obtain by relying on information and/or insights provided by Range cannot be guaranteed and that Range cannot be held responsible. Non-Discretionary Services also permit you to access a third-party tax firm (“Tax Firm”) through whom you may file your income tax returns. However, you agree and acknowledge that Range and its affiliates are not responsible for any losses or liability incurred by you resulting from your use of the Tax Firm. To the extent Range provides any advice regarding your retirement planning, financial planning, estate planning, tax filing and planning and insurance optimization (collectively, “Personal Planning”), you agree that any advice by Range regarding Personal Planning is for educational purposes only and that you are solely responsible for your own research and decisions regarding Personal Planning and that any U.S. federal tax advice provided through Non-Discretionary Services is not intended to be used for the purpose of avoiding penalties under U.S. federal tax law. You also agree that Range is only one of many tools you may use as part of a comprehensive Personal Planning process, that you will not rely on Range as the primary basis of your Personal Planning decisions and, except as otherwise provided in this Agreement, Range will not be liable for decisions/actions you take or authorize third parties to take on your behalf based on information you obtain from your access and use of Non-Advisory Services or information you otherwise see on the Digital Properties.
With respect to users who are advisory clients of Range and who receive discretionary-services (“Discretionary Services”), you understand and acknowledge that the investment results you could obtain from investment information and financial insights provided by Range cannot be guaranteed and that Range cannot be held responsible for any losses you sustain. All investments entail a risk of loss and that you may lose money.
YOU UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE DIGITAL PROPERTIES AND THE SERVICES IS AT YOUR SOLE RISK AND THE DIGITAL PROPERTIES, THE SERVICES AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RANGE, ITS AFFILIATES AND ANY PERSON ASSOCIATED WITH RANGE AND ITS AFFILIATES, DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, RANGE DOES NOT WARRANT THAT ACCESS OR USE OF THE DIGITAL PROPERTIES AND THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES RANGE, ITS AFFILIATES, NOR ANY PERSON ASSOCIATED WITH RANGE OR ITS AFFILIATES, MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE DIGITAL PROPERTIES AND THE SERVICES, INCLUDING THE CONTENT; THAT DEFECTS WILL BE CORRECTED; THAT THE DIGITAL PROPERTIES AND THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE DIGITAL PROPERTIES AND/OR THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE DIGITAL PROPERTIES AND THE SERVICES IS AT YOUR SOLE RISK. YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR IMPROPER DISCLOSURE OF INFORMATION CAUSED BY YOU OR ANY PERSON USING YOUR CREDENTIALS. RANGE CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY OF CONTENT ACCESSED THROUGH THE DIGITAL PROPERTIES AND THE SERVICES. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THE DIGITAL PROPERTIES AND THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE DIGITAL PROPERTIES AND THE SERVICES OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE DIGITAL PROPERTIES OR ANY SERVICES OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ANY WEBSITE LINKED TO IT.
YOU ACKNOWLEDGE AND AGREE THAT RANGE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD RANGE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL WEBSITES AND OTHER USERS OF THE DIGITAL PROPERTIES AND THE SERVICES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. AS A PART OF THE SERVICES, YOU MAY HAVE ACCESS TO MATERIALS THAT ARE HOSTED BY ANOTHER PARTY. YOU AGREE THAT IT IS IMPOSSIBLE FOR RANGE TO MONITOR SUCH MATERIALS AND THAT YOU ACCESS THESE MATERIALS AT YOUR OWN RISK.
TO THE EXTENT THAT ANY RANGE PARTY MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
EXCEPT IN CONNECTION WITH YOUR INVESTMENT ADVISORY AGREEMENTS, IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) NONE OF RANGE, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “RANGE PARTIES”) SHALL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THIS AGREEMENT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE, ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE, EVEN IF SUCH RANGE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) THE RANGE PARTIES TOTAL LIABILITY FOR ANY DIRECT DAMAGES ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF (I) THE SUBSCRIPTION FEES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THAT GAVE RISE TO THE CLAIM OR (II) ONE HUNDRED DOLLARS ($100).
THE DIGITAL PROPERTIES AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS LISTED ON THE DIGITAL PROPERTIES AND THE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE DIGITAL PROPERTIES AND THE SERVICES AT ANY TIME WITHOUT NOTICE.
RANGE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RANGE AND YOU.
You understand that the Digital Properties and the Services are provided as a courtesy to you and that we may modify, suspend or terminate all or a portion of the Digital Properties and the Services at any time in our discretion without prior notice to you. We reserve the right, in our sole discretion, to revoke, terminate or suspend any privileges associated with accessing the Digital Properties and the Services for any reason or for no reason whatsoever, including improper use of the Services or failure to comply with these Terms of Service, and to take any other action, including without limitation denial of a registration, as we deem appropriate. You agree that Range shall not be liable to you or any third party for any termination of your access to the Digital Properties and the Services. Account termination may result in the forfeiture and destruction of all information associated with your Member Account.
If you wish to terminate your Member Account, you may do so by contacting Range’s customer service at email@example.com. Upon termination of this Agreement and/or your Member Account, you shall destroy and remove from all computers, and other storage media all copies of Content, that you acquired through the Digital Properties and the Services and cease using the Digital Properties and the Services immediately. Any fees paid to Range are non-refundable, unless otherwise specified and you shall remain obligated to pay all outstanding charges, if any, relating to your use of the Digital Properties and the Services incurred prior to such termination.
All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
Due to the global nature of the Internet, the Digital Properties and the Services may be accessed by users in countries other than the United States. We make no warranties that the Digital Properties, the Services or Content are appropriate or available for use in such locations. If it is illegal or prohibited in your country of origin to access or use the Digital Properties and/or the Services, then you should not do so. Those who choose to access the Digital Properties and/or the Services outside the United States do so on their own initiative and are responsible for compliance with all local laws and regulations. The Digital Properties and the Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any Range information, data, or materials provided by Range in violation of the United States export laws or regulations.
By agreeing to electronic delivery, I am giving my informed consent to electronic delivery of Range’s terms and conditions, agreements, transaction documents, notices, disclosures, statements, regulatory communications (such as privacy notices), tax-related documents, and any other information, documents, data, and records regarding my Member Account(s) and the Services (including amendments to this Agreement) (“Account Documents”), other than those I have specifically requested to be delivered in paper form. Account Documents may be sent to me at the mailing address for my Member Account(s) or the email address that I have given to you during Member Account(s) registration or at such other address as I may hereafter give you in writing or by email at least ten calendar days prior to delivery. All communications so sent, whether in writing or otherwise, shall be deemed given to me personally when sent or posted by or on behalf of Range, whether actually received or not. I agree that if you send an email to the email address on record for my Member Account(s), this constitutes “written notice” from Range to me, and that the date of receipt is considered to be the date of transmission. I understand that it is my sole responsibility to ensure that any emails from you are not marked as SPAM. I acknowledge that your primary methods of communication with me include (A) posting information via the Range website, (B) sending email(s) to my email address of record, and (C) providing me with notice(s) that will direct me to the Range website where I can read and print such information. Unless otherwise required by law, you reserve the right to post Account Documents on the Range website without providing additional notice to me. Regardless of whether or not I receive an e-mail notification, I agree to check the Range website regularly to avoid missing any information, including time-sensitive or otherwise important communication. Additionally, I acknowledge that the Internet is not a secure network and agree that I will not send any confidential information, including account numbers or passwords, in any unencrypted e-mails. I also understand that communications transmitted over the Internet may be accessed by unauthorized or unintended third parties and agree to hold you, your affiliates, and your and your affiliates’ respective officers and employees harmless for any such access regardless of the cause. In addition:
Where Range requires that you provide an e-mail or physical address, you are responsible for providing Range with your most current e-mail or physical address. In the event that the last e-mail address you provided to Range is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, Range’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Range at the following address: legal@Range.com. Such notice shall be deemed given when received by Range.
In the event of a dispute arising under or relating to this Agreement, the Digital Properties, the Services, or the Content (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 21 below, nothing in these Terms of Service will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms of Service. We may, without waiving any other remedies under these Terms of Service, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above.
If you have any questions, complaints or claims with respect to the Digital Properties and/or the Services, please contact us at firstname.lastname@example.org. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
This Agreement constitutes the sole agreement between you and Range for your use and the provision of the Digital Properties, the Services and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in this Agreement shall bind either you or Range. Any of the terms of this Agreement which are determined to be invalid, unlawful, void, or for any reason unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this Agreement or affecting the validity or enforceability of this Agreement as a whole. Failure to insist on performance of any of the terms of this Agreement will not operate as a waiver of any subsequent default. No waiver by Range of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part without Range’s prior written consent, and any attempted assignment, transfer or delegation in violation of the foregoing will be null and void. This Agreement shall be binding upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assigns. The communications between you and Range may take place via electronic means, whether you visit the Digital Properties, the Services or send Range e-mails, or whether Range posts notices on the Digital Properties, or the Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Range in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Range provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”). Range shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, pandemics, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
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