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Terms of Use

Please read these terms and conditions of use (the “Terms”) required by FundX Investment Group (“FundX”) carefully. By using this website (the “Site”), you are accepting the Terms.  If you do not agree to these Terms, do not use the Site.

FUNDS

The Upgrader Funds described on this Site are offered only by a current prospectus. You may access the prospectus for the Funds by selecting the links in this Site. The prospectus contains more complete information on the Funds, including information on its investment objectives, strategies, risks, and advisory fees and other expenses.  You should read the prospectus carefully before deciding to invest in a Fund.

Past performance does not guarantee future results. The value of investments and any income from them may go down as well as up. Mutual fund shares are not deposits or obligations of, or guaranteed by, any depository institution. Shares are not insured by the FDIC, Federal Reserve, or any other government agency, and are subject to investment risks, including possible loss of the principal amount invested.

AVAILABILITY OF PRODUCTS AND SERVICES

This Site is for informational purposes only by FundX, and it is not intended to be a solicitation, offering or recommendation to buy or sell any securities, financial instruments, investments or service.  The Upgrader Funds described on the Site are intended to be made available to United States investors only.  Shares of the Funds are currently offered only in the United States and are not available for sale in any jurisdiction other than the United States.  The information on this Site is neither an offer to sell nor a solicitation of an offer to buy a mutual fund, security or service in any jurisdiction in which such offer, solicitation, purchase or sale would be unlawful.

FundX makes no representation that the securities or services described on the Site are suitable for any specific investor. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any data, information, or content on this Site before making any decisions based on such data, information, or content.

YOUR ACCOUNT

If you maintain an account that you access via this Site, you are solely responsible for maintaining the confidentiality of your account and for restricting access to your computer. You agree to accept responsibility for all activities occurring under your account or password that are due to your conduct, inaction, or negligence.  In the event that you have created a password, you acknowledge and agree that FundX has granted you limited access to specific files pertaining to investments relevant to you, and you agree not to attempt to access other computer files.  Persons who have access to the password protected area are responsible for maintaining the confidentiality of any account information, user names, and/or security questions and answers that they may use to access any page or feature on the password protected area, and for logging off any protected areas of the Site. Accordingly, you should take steps to protect the confidentiality of your password. You should notify FundX immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password.

FundX will not be responsible for any loss that arises from the failure to comply with these provisions.  FundX makes no warranty, express or implied, regarding the security of the Site, including with respect to the ability of unauthorized persons to intercept or access information transmitted by or to you through this Site.

COPYRIGHTS AND RESTRICTIONS ON USE OF MATERIALS

FundX owns and operates this Site. All trademarks, service marks, trade names and other intellectual property displayed on this website are proprietary to FundX, except those belonging to other organizations as annotated. Nothing contained on this Site should be construed as granting any license or right to use any trademark displayed on this Site without FundX's written permission or the written permission of such third party, if any, that may own any trademark displayed on this website.

Other users and websites may not:

  • Copy, reproduce, republish, upload, post, transmit or distribute in any way material from FundX's Site or any website owned, operated, licensed or controlled by FundX.
  • Copy, modify, or display FundX's name, logo, text, or graphic images in any way without FundX's express written authorization.
  • Redistribute any of the pages, text, images or other content of FundX's Site using "framing" technology without FundX's express written authorization.
  • Modify or use the pages, text, images or other content from FundX's Site for any other purpose. Doing so violates FundX's copyrights and other proprietary rights.
  • However, individuals may, for personal, non-commercial use (1) download materials displayed on FundX's Site, provided all copyrights and other proprietary notices respecting those materials are retained, and (2) bookmark or point to any page within FundX’s Site. No other links to this Site are permitted without FundX's express written authorization.

THIRD-PARTY CONTENT

Some pages on this Site contain information maintained by third parties. Although the information is believed to be reliable, FundX and its agents do not guarantee the timeliness, accuracy or suitability of such information in any way and anyone who acts on the information does so entirely at their own risk. FundX and its agents are not responsible for the content of any links to off-site pages, nor is it responsible for any websites that may contain links to this Site. Any such website will not have been reviewed by FundX or its agents, who shall not be liable for any loss or damage arising from your reliance upon information therein. Following links to any off-site pages or other websites shall be entirely at your own risk. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by FundX of any information contained in any third party web site.

DISCLAIMERS

There are no implied or expressed warranties on the materials in this Site; FundX provides these materials "as is."

  • FundX disclaims, to the fullest extent of the law, all warranties of any kind, whether express or implied, as to any matter whatsoever relating to this service, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Use of FundX's Site service is at your own risk.
  • FundX intends that the information contained in this service be accurate and reliable; however, errors sometime occur. FundX does not warrant or represent that the materials in this website are correct, complete, accurate or reliable.
  • FundX does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this website or the servers that make it available are free from viruses or other harmful components. You (and not FundX) assume the entire cost of all necessary servicing, repair or correction of your property or operations as a result of using this Site. You accept at your own risk that the Internet and online communications medium may not perform as intended despite the efforts of FundX, your Internet service provider and you.
  • Reference to a fund or security anywhere on this Site is not a recommendation to buy, sell or hold that or any other security.
  • Nothing contained in this website constitutes investment advice and should be used as the basis of any investment decision.
  • If you live in a state or other U.S. jurisdiction that does not permit disclaimers of implied warranties, these disclaimers may not apply to you.

LIMITATION OF LIABILITY

FundX is not liable under any circumstances - including, but not limited to, negligence - for any special or consequential damages that may result from the use of, or the inability to use, the materials on this Site, even if FundX or an FundX-authorized representative has been advised of the possibility of such damages.

FundX is not liable for damages or injury, including, but not limited to, damages or injury caused by any performance, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether resulting, in whole or in part, from breach of contract, tortious behavior, negligence or otherwise. If you live in a state that does not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you.

In no event shall FundX's total liability to you for damages, losses and causes of action - whether in contract, tort (including, but not limited to, negligence) or otherwise - exceed the amount paid by you, if any, for accessing FundX's website.

 

JURISDICTIONAL ISSUES AND APPLICABLE LAW

Unless otherwise specified, FundX controls and operates this Site from its offices within the State of California, United States of America.

  • Except to the extent otherwise stated, FundX does not claim that materials in this Site are appropriate or available for use in locations other than California. If you choose to access this Site from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.
  • Software, if any, from this Site is further subject to United States export controls. Software from this website may not be downloaded or otherwise exported or re-exported outside the United States. By downloading or using such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory outside of the United States.
  • California state law governs these Terms. If you take legal action relating to these Terms, you agree to file such action only in the Superior Court of the City and County of San Francisco, California, or the United States District Court for the Northern District of California, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.

INDEMNITY

As consideration for access to the Site, you agree to indemnify, defend, and hold harmless FundX, its subsidiaries and affiliates, and the officers, directors, employees, and agents of FundX and its subsidiaries and affiliates, from and against any and all claims, liabilities, damages, losses, or expenses, including attorney’s fees and costs, arising out of or in any way connected with your access to or use of this Site or any decisions that you make based on the contents of this Site.

MODIFICATION OF TERMS AND MONITORING OF WEBSITE

FundX expressly reserves the right, at its discretion, to modify, add or remove portions of these Terms at any time. Please review these Terms periodically for changes.  Using this Site after FundX posts Term changes constitutes your acceptance of the changed Terms.  FundX expressly reserves the right to monitor any and all use of this Site, and to block access to, or to terminate, this Site at any time without prior notice.

TERMINATION

Either party may terminate this agreement at any time by destroying:

  • All materials obtained from any FundX website.
  • All related documentation, copies and installations, whether or not made under these Terms.

FundX will terminate this agreement immediately without notice if, in FundX's sole discretion, you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this or any FundX website and all copies of those materials, whether or not they were made under these Terms.

INTEGRATION AND SEVERABILITY

If any of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.  The preceding Terms represent the entire agreement between FundX and you relating to the subject matter herein.

HEADINGS

Headings are inserted for convenience of reference only and do not constitute a part of the Terms.