Please read them carefully.
The Saratoga Advantage Trust and Saratoga Capital Management, LLC (collectively, “Saratoga”), requires all visitors to this website and the sites owned and operated by Saratoga on the World Wide Web, (collectively, the “Website”) to adhere to the following terms and conditions.
1. Parties. As used herein, the term "You" and "Your" shall mean You, individually, and each other party on whose behalf You may Use the Website at any time. All references to "We", "Us" or "Our" shall refer to Saratoga. The Website is operated by Saratoga.
2. Usage and Proprietary Rights. All right, title and interest in this Website and the Content is the exclusive property of Saratoga, except as otherwise expressly stated. We grant You, for the term of this TOU, a personal, limited, non-exclusive, revocable (at any time), non-transferable and non-sublicenseable license to access the Website and the Content subject to this TOU. You have no ownership rights in the Content, which is owned by Us or Our licensors, and are protected under copyright, trademark and other intellectual property laws and other applicable laws. You receive no copyright or any other intellectual property right in or to the Content, except as provided above. You may use the Content only for Your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any Content, including, but not limited to, any information, software, products or services obtained from the Website, except for the purposes expressly provided herein, without Our prior written approval. You acknowledge that We may provide certain portions of the Content under license from Third Party Providers, and You agree to comply with any additional restrictions on Your usage that We may communicate to You from time to time, or that are otherwise the subject of an agreement between You and such licensors. We retain exclusive control over the Content, and reserve the right, at any time and in Our sole discretion, without prior notice to You, to (a) change, suspend or discontinue all or a portion of the Content; (b) impose limits on, restrict or terminate Your access to all or a portion of the Content; or (c) terminate Your license at any time and for any reason. You agree that We may monitor Your use of the Content.
3. Restricted Content. All trademarks, service marks, slogans, logos, trade dress and other identifiers (“Marks”) displayed on the Website are the property of Saratoga, or of other parties. The names of other companies and third party products or services mentioned on the Website may be the trademarks or service marks of their respective owners. The Marks are protected by U.S. and foreign trademark, common law rights and statutes. You are prohibited from using any Marks for any purpose including, but not limited to, use on other materials, in presentations, as domain names, or as metatags, without the express written permission of Saratoga or such other party that may own the marks.
4. Copyright Notifications. Pursuant to Section 512(c)(2) of the Copyright Act, Saratoga designates the following agent to receive notifications of claimed infringement: Ana Caballero, 1616 N Litchfield Rd, Goodyear, AZ 85396, (623) 266-4567, acaballero [at] saratogacap.com.
5. Additional Terms. Certain sections of or Website may contain separate terms and conditions, which are in addition to these TOU. You should read those additional terms and conditions carefully. By accessing such sections or pages, you agree to be bound by those terms and conditions. In the event of a conflict, those additional terms and conditions will govern your Use of those sections or pages. You may be asked to execute supplemental agreements, in paper or electronic form, before You are permitted to access or use certain features or functionality within the Website (each, a "Supplemental Agreement"). In the case of Supplemental Agreements presented to You online, You authorize Us to rely upon "checks" or “clicks” in designated locations that are attributable to Your Password as Your consent to the terms of such Supplemental Agreements. This TOU is in addition to any Supplemental Agreement and is not intended to supersede or modify any such Supplemental Agreement.
6. No Investment Advice or Offers. Nothing in the Website constitutes investment advice, including Saratoga filings with the Securities and Exchange Commission, or recommendations as to the suitability of any specific product or security. All Content is provided for Your convenience and information only, and no such Content shall constitute an offer to sell or a solicitation of an offer to buy any security. Prior to the execution of any transaction by You involving information You received from this Website, You should consult your financial, business, tax and accounting advisors and your attorney, with respect to the price, suitability, value, risk or other aspects of any stock, mutual fund, security or other investment. Pricing and other information generated through the use of data or services made available herein may not reflect actual prices or values that would be available in the market at the time provided or at the time that the user may want to purchase or sell a particular security or other instrument. The Content provided on this Website are not provided to and may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization or where Saratoga is not authorized to provide such information or services.
7. Market Information. We may make available to you through the Website a broad range of financial information that we obtain from our agents, vendors or partners ("Third Party Providers"). This may include financial market data, quotes, news, analyst opinions and research reports (collectively, "Market Information"). We do not endorse or approve the Market Information, and we make it available to you only as a convenience. Saratoga and our Third Party Providers do not (a) guarantee the accuracy, timeliness, completeness or correct sequencing of the Market Information; or (b) warrant any results from your use or reliance on the Market Information. Market Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither Us nor the Third Party Providers are obligated to update any information or opinions contained in any Market Information, and we may discontinue offering Market Information at any time without notice. You agree that neither Saratoga nor the Third Party Providers will be liable in any way for the termination, interruption, delay or inaccuracy of any Market Information. You will not redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized by Saratoga to receive it. If You are a securities broker, dealer, banker or investment advisor, You agree not to use the Market Information provided by Us for any purpose related to your business.
8. Dated and Forward-Looking Statements. Certain information on the Website may contain certain forward-looking statements, which are subject to risks and uncertainties and speak only as of the date on which they are made. The words “believe”, “expect”, “anticipate”, “optimistic”, “intend”, “aim”, “will” or similar expressions are intended to identify forward-looking statements. You are cautioned not to place undue reliance on these forward-looking statements. Any dated information is published as of its date only. Dated and forward-looking statements speak only as of the date on which they are made. We undertake no obligation to update publically or revise any dated or forward-looking statements.
9. Unauthorized Use. Unauthorized use of the Website, Content, or Our systems, including, but not limited to, unauthorized entry into Our systems, misuse of passwords or misuse of any other information, is strictly prohibited. Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized persons attempting to access these areas of the Website may be subject to prosecution. You may not use the Website or the Content in any manner that could damage, disable, overburden, or impair any Saratoga website or service or interfere with any other party’s use and enjoyment of the Website or the Content. You shall not introduce, nor permit any person to introduce into the Website or Content, any code or malicious or hidden mechanisms that would impair the operation of the Website or Content, or of Our computers, networks, or other devices or software. Saratoga prohibits caching, unauthorized hypertext links to the Website, and the framing of any Content available on the Website. We reserve the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other websites linked to Our Website.
10. Third Party Links. Certain links may let you leave the Saratoga Website. The linked websites are not under the control of Saratoga and We are not responsible for the content of any linked website or any link contained in a linked website, or any changes or updates to such websites. Saratoga is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement, investigation, verification or monitoring by Us of such third party website.
12. Representations and Warranties. You represent and warrant, each time You access the Website or use the Content, that (a) You have the power and authority (including under any applicable investment restrictions or guidelines and on behalf of any party for whom You are using the Services) to enter into and perform Your obligations under this TOU and this TOU is Your legal, valid, binding and enforceable obligation; (b) You have agreed to be bound by the terms of this TOU; (c) You shall only use the Website and the Content in accordance with this TOU, any applicable Supplemental Agreement and applicable law; and (d) if You are accessing the Services on behalf of another party, You assume all fiduciary, regulatory and other requirements and duties that may apply to Your relationship to such party.
13. DISCLAIMER OF WARRANTIES. The Services on this Website are provided on an “as is,” “Where is” and “Where available” basis. ALTHOUGH SARATOGA TRIES TO PROVIDE ACCURATE AND TIMELY INFORMATION on its website, THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS. SARATOGA RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANYTIME AND WITHOUT NOTICE. NEITHER WE NOR ANY THIRD PARTY PROVIDER THAT CONTRIBUTES IN ANY MANNER TO THE CONTENT MAKES ANY REPRESENTATION OR WARRANTY WHATSOEVER, INCLUDING WARRANTIES (A) WITH RESPECT TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE CONTENT; OR (B) THAT THE CONTENT SHALL BE UNINTERRUPTED OR ERROR FREE. FURTHER, WE AND ANY THIRD PARTY PROVIDER THAT CONTRIBUTES IN ANY MANNER TO THE CONTENT DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE RELATING TO THE CONTENT. YOU ASSUME THE ENTIRE RISK TO THE USE OF THE WEBSITE AND THE CONTENT.
14. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE SARATOGA ADVANTAGE TRUST OR SARATOGA CAPITAL MANAGEMENT, LLC OR ITS AFFILIATES, SUBSIDIARIES OR CONTROLLING ENTITIES OR THEIR THIRD PARTY PROVIDERS, CONTRACTORS OR TECHNOLOGY OR CONTENT PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES (THE "SARATOGA PARTIES") HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY COSTS, LIABILITIES OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE CONTENT, INCONVENIENCE OR DELAY), CONSEQUENTIAL OR PUNITIVE (TOGETHER, "COSTS"), ARISING OUT OF, OR IN CONNECTION WITH, THIS TOU OR THE PERFORMANCE OR BREACH OF THIS TOU, YOUR OR ANY OTHER PERSON’S USE OF, OR INABILITY TO ACCESS THE CONTENT, OR FOR ANY INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICE MADE AVAILABLE TO YOU VIA THE WEBSITE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON STATUTE OR ARISING IN CONTRACT, INDEMNITY, WARRANTY, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), REGARDLESS OF WHETHER ANY SARATOGA PARTY KNOWS OR HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF SARATOGA OR ANY THIRD PARTY PROVIDER OF SOFTWARE OR SERVICES. THIS LIMITATION OF LIABILITY IS IN ADDITION TO ANY OTHER LIMITATION PROVIDED IN ANY APPLICABLE ACCOUNT SERVICE, SUPPLEMENTAL AGREEMENT OR ANY OTHER AGREEMENT. This limitation of liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure.
15. Your Indemnification Obligations. You agree to defend, indemnify and hold Saratoga, and its directors, officers, employees, and agents harmless from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Website, or its Content, by You.
16. Governing Law. This TOU will be governed by Florida law without giving effect to principles of conflict of law. Any party bringing legal action or proceeding against the other for any dispute or controversy between the parties arising out of or relating to this Website, the Content, or the use thereof, shall bring the legal action or proceeding (i) in the United States District Court for the Middle District of Florida; or (ii) in any court of the State of Florida sitting in Pinellas county, if there is no federal subject matter jurisdiction. You acknowledges that any violation of the terms of this TOU, or misuse of the Website or the Content, or infringement of any Mark may cause Saratoga irreparable harm, the amount of which may be difficult to ascertain, and therefore You agree that Saratoga shall have the right to apply to a court of competent jurisdiction for an order enjoining any such further misappropriation and for such other relief as Saratoga deems appropriate. This right of Saratoga is to be in addition to the remedies otherwise available to Saratoga.
17. Waiver of Trial by Jury. EACH PARTY, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR OTHER LEGAL PROCEEDING AGAINST THE OTHER FOR ANY DISPUTE OR CONTROVERSY BETWEEN THE PARTIES ARISING OUT OF OR RELATING TO THIS WEBSITE, THE CONTENT, OR THE USE THEREOF. THIS WAIVER APPLIES TO ANY ACTION OR LEGAL PROCEEDING, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE.
18. Third Party Beneficiaries. To the extent the Content contains data or information provided by Third Party Providers or are otherwise contributed to by Third Party Providers, such Third Party Providers shall be considered third party beneficiaries of this TOU for purposes of Sections 12, 13 and 14.
19. Assignment; Waiver. You may not assign, sublicense, delegate, subcontract or otherwise transfer Your rights, duties and obligations under this TOU to a third party without Our express written consent. Any instrument purporting to make an assignment or other transfer in violation of this provision shall be null and void. Any forbearance or delay on the part of either party hereto in enforcing any provision of this TOU or any of its rights hereunder shall not be construed as a waiver of such provision or of a right to enforce same for such occurrence or any future occurrence.
20. Entire Agreement. This TOU, together with any and all Supplemental Agreements and applicable Account or Client Agreements, constitute the entire agreement between You and Us with respect to your use or access of the Website or the Content.
21. Severability. If for any reason a court of competent jurisdiction finds any provision of this TOU, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this TOU, and the remainder of this TOU shall continue in full force and effect.
22. Miscellaneous. Any cause of action with respect to the Website or the Content must be commenced by You within one year after the claim or cause of action arises. The rights and remedies of the parties hereunder are cumulative and are in addition to, and not in lieu of, all rights and remedies available at law and in equity.