Terms of Service

Date Posted: February 10, 2023

These terms of service and license agreement (the “Agreement”) is a binding agreement between you and Range Finance, Inc. (“Range”), a Delaware corporation, and governs your use of and access to its products and services, including the Range service and application that provides users with the ability to view aggregate financial and related information, and any other Range products or services.

In this Agreement, the above are referred to collectively as the “Services.” Your use of the Services is subject to the Range Privacy Policy (the “Privacy Policy”), which can be found at https://www.range.com, which address how Range gathers, uses, discloses and manages your personal information. Please read this Agreement and the Privacy Policy carefully. By using the Services you agree to be bound by this Agreement, the https://www.range.com/public/advisory-agreement, and the Privacy Policy.Services include software and services that we own and operate directly. As part of the Services, you may interact with third parties that provide services to us, such as services to allow you to extract information from financial service providers for display in the Services. Your interaction with those third parties is governed by their individual terms of service and privacy policies, which we advise you to review.

In order to access the Services, you must become a member by registering to create a member account (“Member Account”).  When you register, you will be asked to choose a password, which will be required to access your Member Account.  You are responsible for safeguarding your password and other Member Account information. You agree not to disclose your password to any third party and you shall notify Range immediately if your password is lost or stolen or if you suspect any unauthorized use of your Member Account. As a member you agree that you shall be solely responsible for any activities or actions under your Member Account, whether or not you have authorized such activities or actions. You are also responsible for maintaining appropriate anti-virus and anti-malware software on your computer or mobile devices, so that your Member Account information is not compromised through your own negligence. If you receive evidence that someone has committed fraud by accessing your Member Account, you must contact us immediately at support@range.com.

By creating a Member Account to access and use the Services, you consent to receive all notices and information regarding the Services and any other offerings electronically. Electronic communications may be posted to your Member Account and/or delivered to your email address associated with your Member Account. All communications in electronic format will be deemed to be in “writing,” and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the communication. Your consent to receive communications electronically is valid until you terminate your membership with Range. It is your responsibility to provide us with true, accurate and complete e-mail addresses, contact and other information that you had provided to Range during the Member Account registration process, and to promptly update any changes to such information. You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change the terms and conditions on which we provide electronic communications and will provide you with notice in accordance with applicable law.

This Agreement may be updated periodically to account for changes to existing Services, pricing, the introduction of new services, products, improvements, or features, or a change in the legal or regulatory framework regarding the Services. If there is a material change to the Agreement, Range agrees to provide notice of the revised Agreement, which may consist of a public notice on the Website, and such changes will be effective at such time. By continuing to access your Member Account and Services, you shall be deemed to have agreed to and accepted all updates or amendments to the Agreement.  Range reserves the right to modify or temporarily discontinue your access to the Services or any features or functions on the Website with or without prior notice to you.  You agree that Range shall not be liable to you or any third party for any modification of Services or your access thereto, or this Agreement.

As of the date posted above, the Services are available only in a “beta service status.”  For specific terms of the Agreement applicable during the beta period, please carefully review Section XIII below.  Range makes no guarantee that the Services will ever be publicly announced or made generally available to anyone in the future, and you agree that Range has no express or implied obligation to you to announce or introduce the Services. If Range makes the Services commercially available, Range will post a revised version of this Agreement without references to the beta status of the Services.

IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT OR ANY REVISED AGREEMENT IN THE FUTURE, YOU MAY NOT USE ANY OF THE SERVICES, MUST STOP ALL USE IMMEDIATELY, AND TERMINATE ANY ACCOUNTS YOU MAY HAVE WITH RANGE.

• You are at least eighteen years old and have the authority to enter into legally binding agreements and you agree that this Agreement legally binds you in the same manner as a signed written contract. You are using the Services for yourself, or you are actively monitoring and supervising your minor child’s use of the Services. You remain responsible for any such use.
• You agree to: (i) comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, and other regulatory requirements; and (ii) use the Services solely for your personal, non-commercial use, unless otherwise consented to in writing by Range.
• You have read and agree to the terms and conditions of the Privacy Policy.
• You will not misuse the Services in any manner, nor will you assist, support, or suggest that anyone else do so, including in order to:
  a. Probe, scan, or test the vulnerability of any system or network;
  b. Breach or otherwise circumvent any security or authentication measures;
  c. Access, tamper with, or use non-public areas or parts of the Services or shared areas of the Services that you do not have permission to access;
  d. Interfere with or disrupt any user, host, or network (for example, by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services);
  e. Reverse engineer or deconstruct any technology associated with Services or your Member Account, including but not limited to, any software applications or plug-ins associated with Services;
  f. Access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);
  g. Send unsolicited communications, promotions or advertisements, or spam;
  h. Send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing”;
  i. Promote or advertise products or services without Range’s prior written authorization;
  j. Resell, repackage, rebrand, or otherwise distribute the Services unless specifically authorized in writing to do so by Range;
  k. Advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment;
  l. Violate the law in any way, including storing, publishing, or sharing material that is fraudulent, defamatory, or misleading; or
  m. Violate the privacy or infringe the rights of others.
• You agree not to upload, download, display, perform, transmit or otherwise distribute any Content that (i) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (ii) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise constitute a violation of applicable law; or (iii) advertises or otherwise solicits funds or is a solicitation for the purchase or sale of goods or services. Range reserves the rights to terminate your ability to upload, download, display, perform, transmit or otherwise distribute such Content; terminate your Software license and your access to Services; and delete any such Content from Range's servers.
• You will use the Services only for a valid legal purpose and only as permitted by applicable law, including federal and state data privacy regulations and export control laws.
• With respect to export control laws, you agree that you will not provide or export the Services to (i) nationals or residents of Cuba, North Korea, Iran, Sudan, Syria, the Crimea region of Ukraine, or any other country or region as to which the United States has imposed a trade embargo or related restrictions; or (ii) any person or entity included in the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Denied Persons List, Entity List, or Unverified List.
• You will not try to undermine our security safeguards, source code protections, or digital signing mechanisms, or unlawfully copy, reproduce, distribute, publish, or publicly display any Range intellectual property, including any copyrights, trademarks, patents, software, domain names, trade secrets, or information that any person would reasonably believe to be confidential.

• The Services include software (“Software”) and your right to use the Software depends on your compliance with the terms of this Agreement.
• Range hereby grants you a limited, personal, internal use, non-exclusive, non-transferable, revocable license to use the Software, solely in connection with this Agreement and the Services.
• This Agreement does not convey to you any rights of ownership in the Software. By accepting this Agreement you agree that the Software is licensed to you by Range and is not being sold or otherwise transferred to you.
• As described further in Section VII below, Range expressly disclaims any warranties of non-infringement, merchantability, and fitness for a particular purpose. Range does not warrant that the Software will (i) achieve specific results, (ii) operate without interruption, or (iii) be error free. Range uses commercially reasonable efforts to protect your data, but does not warrant that your data will be secure in all circumstances, foreseen and unforeseen.
• As described further in Sections X and XIII below, Range expressly disclaims all liability for the Software, including any loss or liability resulting from lost or compromised data caused by the Software. In no event will Range be liable for any damages, including lost profits or data, or other incidental or consequential damages, arising out of the use or inability to use the Software or any data supplied therewith, even if Range has been advised of the possibility of such damages, or for any claim by any other party.

• Your use of the Services constitutes your agreement to comply with all applicable intellectual property laws, including copyright laws. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information in any format (“Content”) in violation of any person’s or entity’s copyrights, trademarks, or other intellectual or proprietary rights. You also agree that you are solely responsible for any violation of any intellectual property law or any infringement of any person’s or entity’s intellectual property rights caused by any Content that you use or transmit by means of our Services, networks, systems, or servers, or that is used or transmitted by another person by means of our networks, systems, or servers using the Services you have licensed or purchased from Range. You acknowledge that Range’s policy generally is to cooperate in connection with investigations and litigation involving claims of infringement of intellectual property rights.
• You grant us an unlimited, worldwide, non-revocable, transferable, perpetual license to Content you provide in connection with the Services.  You acknowledge that we may incidentally retain copies of such Content for the term of your Agreement with us and thereafter.  Your Content may be available to other users of the Services after termination of this Agreement..
• The services provided herein are protected by copyright, trademark, patent, and other United States and foreign laws. These terms do not grant you any right, title, or interest in the Services or in any RANGE trademark, logos, and other brand features. You may not use or display any trademarks or service marks owned by RANGE without RANGE's prior written consent.

• Your use of the platform and related Services are offered in exchange for a subscription membership fee subject to changes by Range at any time.
• Members can invite up to one spouse, partner, or significant other as collaborators.
• We may offer you additional services which you may elect to participate in or not for an additional fee.
• Range reserves the right, in its sole discretion, to amend or change its pricing policy for its current Services or any additional services that we may offer.
• When a trial period is being marketed, Members may only go through one trial period, if they cancel or delete their membership and return they will be billed on day one.
• Past Due Memberships will not have access to the Range site until Membership fees have been paid in full, at which time the account will be reinstated.
• Unless indicated otherwise at the explicit discretion of Range, all sales are final and no refunds are provided for any Services provided.

• Each Membership is for a 12-month period. A Membership may begin at any time during the calendar year and ends on the same date one year later (for example, a Membership beginning on June 1, 2022 expires on June 1, 2023). Membership begins on the date Range receives payment of the appropriate Membership fee. A Membership will renew on the same annual dates as the original term of such Membership for another 12-month period.
• A Membership can be canceled at any time by emailing support@range.com. The Membership will cancel on the last day of your current 12-month period (for example, a Membership that begins on June 1, 2022 and is canceled on November 10, 2022 will end on June 1, 2023)

• You are free to stop using the Services at any time. We reserve the right to suspend or terminate your access to some or all of the Services with notice to you if:
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  a. You are in breach of this Agreement, or
  b. You are using the Services in a manner that would cause a real risk of harm or loss to us or other users.
• If we do terminate your access, we will provide you with reasonable advance notice via the email address associated with your Member Account to remedy the activity that prompted us to contact you. If after such notice you fail to take the steps we ask of you, we will terminate or suspend your Member Account and/or access to the Services.
• In certain instances, however, we will terminate your Member Account immediately without first providing you notice. This typically occurs if:
  
  a. You are in material breach of this Agreement,
  b. Providing you notice of termination would cause us legal liability or hinder our ability to service our other Members, or
  c. We are prohibited from providing prior notice to you by applicable law.
• We may decide to discontinue the Services in response to new laws or regulations or other unforeseen circumstances beyond our control. If we stop offering some of all of the Services, we will give you reasonable prior notice so that you can export your data.

• THE SERVICES ARE PROVIDED “AS IS,” INCLUDING ANY SERVICES PROVIDED DURING A “BETA PERIOD” OR ON A SIMILAR BASIS. RANGE, ITS AFFILIATES, SUPPLIERS, CONTRACTORS, DISTRIBUTORS, LICENSORS AND AGENTS ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS MADE BY YOU, OR ERRORS OR OMISSIONS IN THE CONTENT, INFORMATION OR OTHER DATA, AND DOCUMENTS WHICH ARE REFERENCED BY, LINKED TO OR PROVIDED BY OR THROUGH THE SERVICES VIA DESKTOP, MOBILE WEB OR MOBILE APPLICATIONS. RANGE, ITS AFFILIATES, SUPPLIERS, CONTRACTORS, DISTRIBUTORS, LICENSORS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, RELATING TO THE SERVICES. WITHOUT LIMITATION, RANGE, ITS AFFILIATES, SUPPLIERS, CONTRACTORS, DISTRIBUTORS, LICENSORS AND AGENTS EXPRESSLY DISCLAIM ANY, AND MAKE NO, IMPLIED WARRANTIES OF TITLE, MERCHANTBIILTY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RANGE, ITS AFFILIATES, SUPPLIERS, CONTRACTORS, DISTRIBUTORS, LICENSORS AND AGENTS WILL HAVE NO LIABILITIES FOR AND EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESSED OR IMPLIED:
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  • REGARDING THE AVAILABILITY, SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES ON THE WEBSITE OR MOBLIE APPLICATION, OR FOR ANY DATA, INFORMATION, CONTENT AND/OR USER INFORMATION PROVIDED BY SERVICES;
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  • REGARDING ANY FAILURE OR DELAY RESULTING FROM ANY ACTS OF FORCE MAJEURE OR ACTS THAT ARE OTHERWISE OUTSIDE OF RANGE’S REASONABLE CONTROL OR THE REASONABLE CONTROL OF ITS AFFILIATES, SUPPLIERS, CONTRACTORS, DISTRIBUTORS, LICENSORS AND AGENTS, OR ANY INTERNET OR TELECOMMUNICATIONS FAILURE OR YOUR INABILITY TO ACCESS THE SERVICES VIA THE WEBSITE OR MOBILE APPLICATION.
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  • THAT USE OF THE SERVICES VIA WEB AND/OR MOBILE APPLICATIONS WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED, OR THAT IT WILL BE FREE OF COMPUTER BUGS OR OTHER PROBLEMS;
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  • THAT THE USE OF THE SERVICEs VIA RANGE’S WEB AND/OR MOBILE APPLICATIONS WILL BE FREE FROM ELECTRONIC VIRUSES;
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  • THAT GUARANTEES THE COMPLETE SECURITY OF THE SERVICES THAT IS ACCESSED THROUGH RANGE’S WEB AND/OR MOBILE APPLICATIONS, OR THAT THE QUALITY OF THE SERVICES MEETS YOUR EXPECTATIONS;
  
  • REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SERVICES INCLUDING BUT NOT LIMITED TO INFORMATION OBTAINED THROUGH SOCIAL MEDIA.
  
  NEITHER RANGE NOR PROVIDERS OF ANY CONTENT SHALL BE RESPONSIBLE FOR DECISIONS OF THE USERS, OR FOR ANY DAMAGES OR OTHER LOSSES RESULTING FROM THE RELIANCE OR USE OF RECOMMENDATIONS OR OTHER INFORMATION PROVIDED BY THE SERVICES. NEITHER RANGE NOR PROVIDERS OF ANY CONTENT WARRANT OR REPRESENT THAT THE SERVICES OFFERED VIA RANGE’S WEB AND/OR MOBILE APPLICATIONS COMPLIES WITH THE REQUIREMENTS OF THE FINANCIAL INDUSTRY REGULATORY AUTHORITY, THE U.S. SECURITIES AND EXCHANGE COMMISSION, THE DEPARTMENT OF LABOR, ANY STATE INSURANCE REGULATOR, OR ANY SIMILAR ORGANIZATION OR REGULATOR OR WITH THE LAWS OF ANY JURISDICTION.
  
  No advice or information, whether oral or written, obtained via the Services shall create any warranty not expressly stated in this Agreement. If you choose to rely on such information, you do so solely at your own risk.Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
• WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. RANGE ADVISES YOU TO SAFEGUARD IMPORTANT DATA, USE CAUTION, AND NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SERVICES.

• With respect to Services that are non-discretionary (“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.
  
  You agree and acknowledge that your access and use of Non-Discretionary Services is for educational purposes.  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 Website.
• With respect to Services that are discretionary-related for which you engage Range as an investment adviser, 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. Non-discretionary investment advisory services are offered to individuals who become Members and are subject to terms of the Non-Discretionary Investment Advisory Agreement. Your election to engage our discretionary investment advisory services are subject to your explicit enrollment and acceptance of the separate Discretionary Advisory Agreement.

• You agree to indemnify, defend, and hold harmless Range, its parents and affiliates, and its and their officers, directors, employees, consultants, and agents from and against any and all third-party claims, liabilities, demands, disputes, causes of action, losses, damages, and costs and expenses of any kind (including attorneys’ fees and costs) resulting from:
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  a. Your access and use of the Services;
  b. Any use of the Services in a manner not authorized by this Agreement;
  c. Any material breach by you of the provisions in this Agreement or the Privacy Policy; and
  d. Any acts or omissions on your behalf which infringe, misappropriate, or otherwise violate the intellectual property rights of any other person.
• You agree to notify Range immediately if you become aware of (i) an act of infringement, violation, or misappropriation of the intellectual property of any other person, or (ii) any unauthorized use of your account or any other breach of security known to you.

• TO THE MAXIMUM EXTENT PERMITTED BY LAW, RANGE, ITS AFFILIATES, SUPPLIERS, CONTRACTORS, AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF USE, DATA, BUSINESS,  PROFITS, OR OTHER INTANGIBLE OR SPECULATIVE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF ANY INFORMATION PROVIDED AS PART OF THE SERVICES OR FOR ANY DECISION YOU MAKE ON THE BASIS OF SUCH INFORMATION, REGARDLESS OF LEGAL THEORY.
• THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT LOSSES OR DAMAGES ARE FORESEEABLE AND REGARDLESS OF WHETHER RANGE OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL RANGE’S AND ITS AFFILIATES’ CUMULATIVE LIABILITY TO YOU EXCEED [YOUR ANNUAL MEMBERSHIP SUBSCRIPTION FEE FOR THE MOST RECENT CALENDAR YEAR].
• THE SERVICES MAY BE AVAILABLE THROUGH A COMPUTER OR COMPATIBLE MOBILE DEVICE AND MAY REQUIRE SOFTWARE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THESE REQUIREMENTS, INCLUDING ANY APPLICABLE CHANGES, UPDATES AND FEES AS WELL AS THE TERMS OF YOUR AGREEMENT WITH YOUR MOBILE DEVICE AND TELECOMMUNICATIONS PROVIDER. RANGE OR ANY OF ITS AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
• IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, RANGE, ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY DAMAGES RELATED TO LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. RANGE AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.

• Prior to starting any formal legal proceedings, we would like the chance to resolve your issue ourselves. You agree that before filing a claim against Range, you will contact us, by email at legal@range.com Upon receiving notice of your issue, we will attempt to resolve the issue informally. If Range is unable to resolve the problem within thirty days, your claim shall be resolved by arbitration, as set forth below.
• If we cannot resolve your issue informally as described above, you agree to resolve any claims relating to this Agreement through final and binding arbitration by a single arbitrator, except as set forth below. This includes disputes arising out of or relating to interpretation or application of these arbitration-related provisions, including their enforceability, revocability, or validity.
• You acknowledge that arbitration is a substitute for litigation, and that you agree to present any dispute to the arbitrator and not a governmental agency, body, or court. You and Range each further agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Agreement, and that we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and/or the termination of your access to the Services or any related services via the Website and/or mobile applications.
• You can decline this agreement to arbitrate by emailing us at legal@range.com within thirty days of first registering your account. However, if you agreed to a previous version of this Agreement that allowed you to opt out of arbitration, your previous choice to opt out or not opt out remains binding.
• The American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work; the Commonwealth of Virginia; or any other location we agree to. The AAA rules will govern payment of all arbitration fees
• You and Range agree that each may bring claims against the other only on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You and Range agree that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

• This Agreement is governed by and interpreted in accordance with the U.S. Federal Arbitration Act and the laws of the State of Delaware except for its conflicts of laws principles. Except as set for in Section XI of this Agreement above, you and Range agree that any judicial proceeding to resolve claims relating to this Agreement or the Services will be brought in the federal or state courts in the Commonwealth of Virginia. Both you and Range irrevocably consent to venue and personal jurisdiction in such courts.
• This Agreement constitutes the entire agreement between you and Range with respect to the subject matter of this Agreement and supersedes and replaces any other prior or contemporaneous agreements, or other terms and conditions applicable to the subject matter of this Agreement. This Agreement creates no third-party beneficiary rights. You acknowledge that Range may revise this Agreement by posting a revised Agreement on the Website at any time, and therefore Range recommends that you check this Agreement on the Website from time to time. Range may notify you of any changes at the email address associated with your Member Account, and you agree to accept email communications, links to and/or Range’s posting of any revised Agreement on the Website.  You agree that any of these any of the foregoing means of communicating changes to this Agreement constitutes adequate notice to you.  Any such changes to this Agreement shall be deemed effective upon the earlier of the posting on the Website or transmission to your email address.  Your continued access and use of the Services shall be deemed to be your agreement to be bound by any such change or revision.
• Range's failure to enforce a provision is not a waiver of its right to do so later. Our rights under this Agreement survive any transfer or termination of this Agreement.
• You may not assign any of your rights under this Agreement by operation of law or otherwise without the prior written consent of Range, and any such attempt will be null and void. Range may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. If you become an investment advisory client of Range, the relationship of the parties will be governed by either the Non-Discretionary Advisory Agreement or the Discretionary Advisory Agreement, as applicable.
• If any part of this Agreement is held or found to be invalid or unenforceable, that portion of the Agreement will be limited or eliminated to the minimum extent necessary so as to be consistent with applicable law while the remaining portions of the Agreement remain in full force and effect.
• The Services are available only in the United States.  Range makes no representation that the Services is appropriate or available for users outside the United States. Range also makes no representation that accessing Services from locations outside the United States is legal or permissible by local law.  If you access the Services from outside the United States, you do so at your own risk and you remain solely responsible for compliance with local laws.

• Range may terminate the beta period at any time in its sole discretion, with or without notice. With respect to the Services provided during the beta period, this Section XIII supersedes any other terms and conditions contained in this Agreement, but only to the extent necessary to resolve conflict.
• By using the Services, you understand and acknowledge that Range is providing the Services as a “beta” version and making them available on an “as is” or “as available” basis. The Services may contain bugs, errors, and other problems. Range strongly recommends that you back up all data and information prior to using the Services. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY INTERNET ACCESS FEES, BACKUP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICES AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION, OR DATA. Range is not obligated to provide any support for the Services.
• Range is making the Services available to you for evaluation and feedback purposes without any compensation or reimbursement of any kind from Range. You acknowledge the importance of communication between Range and you during your use of the Services and agree to receive related communications and updates from Range. During the beta period, Range may ask you for feedback relating to your use of the Services. You agree to grant to Range a perpetual, non-revocable, royalty-free, worldwide license to use or incorporate feedback into any Range product or service, at our sole discretion.
• Range expressly represents that the Services are not a final product and, as such, may contain errors or defects and may be unstable. Range recommends that you only access the Services if you are an experienced user of similar computer products and services.
• The Services and their features and functionality are considered confidential information of Range. You agree to keep all such information confidential and not disclose it to any person except as permitted under this Section XIII.5. This confidentiality obligation does not apply to the disclosure of confidential information that (i) is or comes into the public domain, except through breach of confidentiality obligations under this clause; (ii) comes lawfully into your possession from a third party not bound by a confidentiality obligation; (iii) is required to be disclosed by any court of competent jurisdiction or any competent judicial, governmental, supervisory, or regulatory body, or any law; or (iv) you disclose with Range's consent. Notwithstanding the foregoing, the confidentiality obligations in this Section XIII.5 do not restrict you from recommending that others use the Services or otherwise make people aware of the Services.