Terms of Use

PLEASE READ OUR TERMS AND CONDITIONS OF USE VERY CAREFULLY. USE OF THIS WEBSITE (WWW.WBIINVESTMENTS.COM) CONSTITUTES YOUR EXPRESS ACKNOWLEDGEMENT OF RECEIPT OF AND CONSENT TO THIS TERMS AND CONDITIONS AGREEMENT (“AGREEMENT”). WBI INVESTMENTS, INC. (“WBI”) RESERVES THE RIGHT TO CHANGE, MODIFY, REMOVE, OR ADD PORTIONS TO OUR TERMS AND CONDITIONS AT ANY TIME. WE THEREFORE RECOMMEND THAT YOU PERIODICALLY RETURN AND REVIEW THE TERMS AND CONDITIONS FOR CHANGES THAT MAY AFFECT YOU. ANY CHANGE, MODIFICATION, ADDITION, OR REMOVAL TO THESE TERMS AND CONDITIONS WILL BECOME EFFECTIVE IMMEDIATELY UPON POSTING TO THIS WEBSITE.

Limitation of Liability

The information, graphics, and media presented on this Website are presented “AS IS”. WBI disclaims all warranties, expressed or implied to the fullest extent permissible by applicable law, including but not limited to; implied warranties of merchantability and fitness for a particular purpose. While the information, graphics, and media presented in this website are compiled from sources we believe to be reliable, WBI does not guarantee that the material is accurate, complete, current, or appropriate for a particular purpose. Decisions based upon the information, graphics and media in this website are solely the responsibility of the visitor.

Neither WBI nor any of its affiliates, directors, officers, employees, agents or 3rd party vendors will be held liable or have any responsibility for any losses, claims, or damages as a result of the visitor making use of this Website, nor will WBI, its affiliates, directors, officers, employees, agents, or 3rd party vendors be responsible for any losses, claims or damages resulting from any technical failure or interruption of the website. By using this Website you agree to indemnify, release and hold harmless WBI, its affiliates, officers, directors, owners, employees, agents, and 3rd party vendors against any and all claims, damages, losses, liability and expenses (including, but not limited to attorney fees) resulting from your use of this Website.

Content Disclaimer

This Website is provided for informational purposes and should not be construed as a solicitation or offer to buy or sell any securities or related financial products and instruments. The investments and strategies discussed in this Website may not be suitable for all investors. By making the information available on its Website, WBI is not representing that any particular investment strategy is available or suitable for any particular visitor. Past performance may not be indicative of future results. Therefore no visitor should assume that future performance of any specific investment or investment strategy (including the investments and/or investment strategies recommended or undertaken by WBI) made reference to directly or indirectly by WBI in its website, or indirectly via a link to an unaffiliated third party website, will be profitable or equal to the corresponding indicated performance level(s). Different types of investments involve varying degrees of risk, and there can be no assurance that any specific investment will either be suitable or profitable for a client or prospective client’s investment portfolio. Historical performance results for investment indices and/or categories generally do not reflect the deduction of transaction and/or custodial charges, the deduction of an investment management fee, nor the impact of taxes, the incurrence of which would have the effect of decreasing historical performance results.

Certain portions of WBI’s website (i.e. newsletters, articles, commentaries, etc.) may contain a discussion of, and/or provide access to, WBI’s (and those of other investment and non-investment professionals) positions and/or recommendations as of a specific prior date. Due to various factors, including changing market conditions, such discussion may no longer be reflective of current position(s) and/or recommendation(s). Moreover, no client or prospective client should assume that any such discussion serves as the receipt of, or a substitute for, personalized advice from WBI or from any other investment professional. You acknowledge that your use of this website, and any requests for information made through this website, have not been solicited by WBI or any of its affiliates and that WBI is not acting in the capacity as an investment adviser for any user of this website unless and until the user enters into a customer agreement and completes a customer questionnaire with WBI. WBI is neither an attorney nor an accountant, and no portion of the website content should be interpreted as legal, accounting or tax advice.

Please remember that different types of investments involve varying degrees of risk, and there can be no assurance that the future performance of any specific investment or investment strategy (including those undertaken or recommended by WBI), will be profitable or equal to any historical performance level(s).

The information provided on this website is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject WBI or any of WBI’s products or services to any authorization, registration, licensing or notification requirement within any jurisdiction.

WBI Investments® (“WBI”) is an SEC registered investment adviser located in Red Bank, New Jersey. WBI and its representatives are in compliance with the current filing requirements imposed upon SEC registered investment advisers by the SEC as well as those states in which WBI is “noticed filed”. WBI may only transact business in those states in which it is noticed filed or exempt from registration or notice filing requirements. WBI’s website is limited to the dissemination of general information pertaining to its advisory services, together with access to additional investment-related information, publications, and links. Accordingly, the publication of WBI’s website on the Internet should not be construed by any consumer and/or prospective client as WBI’s solicitation to effect, or attempt to effect transactions in securities, or the rendering of personalized investment advice for compensation, over the Internet. Any subsequent, direct communication by WBI with a prospective client shall be conducted by a representative that is either registered or qualifies for an exemption from registration in the state where the prospective client resides. For information pertaining to the registration status of WBI, please contact the SEC or the state securities regulators for those states in which WBI maintains a notice filing at www.sec.gov/. A copy of WBI’s current written disclosure statement discussing WBI’s business operations, services, and fees is available from WBI upon written request.

WBI is not registered as an investment advisor, financial services firm or fund manager in any jurisdiction other than the United States and any products discussed on or through this website have not been registered or approved by any central bank, governmental or regulatory authority. Accordingly, non-US securities laws and other relevant laws and regulations that are intended to protect investors are generally not applicable to any services or securities referred to on or through this website.

Certain portions of WBI’s website (i.e. newsletters, articles, commentaries, etc.) may contain a discussion of, and/or provide access to, WBI’s (and those of other investment and non-investment professionals) positions and/or recommendations as of a specific prior date. Due to various factors, including changing market conditions, such discussion may no longer be reflective of current position(s) and/or recommendation(s). Moreover, no client or prospective client should assume that any such discussion serves as the receipt of, or a substitute for, personalized advice from WBI or from any other investment professional. Certain of WBI’s asset management programs may involve above-average portfolio turnover which could negatively impact upon the net after-tax gain experienced in non-qualified accounts.

To the extent that any client or prospective client utilizes any economic calculator or similar device contained within or linked to WBI’s website, the client and/or prospective client acknowledges and understands that the information resulting from the use of any such calculator/device, is not, and should not be construed, in any manner whatsoever, as the receipt of, or a substitute for, personalized individual advice from WBI, or from any other investment professional.

Although a company may pay a dividend, prices of equity securities – including those that pay dividends – fluctuate. Investing on the basis of dividends alone may cause an investor to buy or sell certain securities when circumstances may or may not be favorable.

The WBI Dynamic Trailing Stop (DTS) is not a stop loss order or stop limit order placed with a brokerage firm, but an internal process for monitoring price movements. While the DTS may be used to initiate WBI’s process for selling a security, it does not assure that a particular execution price will be received.

The Capture Probability Ratio is not the only performance calculation methodology available, and other measurements may produce results more or less favorable to WBI. The calculation of the Capture Probability Ratio is based on gross of fee performance. Gross of fee performance excludes the effects of investment management and third-party solicitor/advisor fees, but is net of applicable account transaction and custodial charges, custodian platform charges, and the separate fees assessed directly by each unaffiliated mutual fund (including ETF) included in a portfolio’s holdings. Using net-of-fee performance to determine rankings could materially change the results.

Information pertaining to WBI’s advisory operations, services, and fees is set forth in WBI’s current disclosure statement, as same is on file with the United States Securities and Exchange Commission, a copy of which is available from WBI upon request.

An unaffiliated broker-dealer employs certain WBI supervised persons as registered representatives, and these individuals may receive compensation based on commissions and rebates for orders placed by WBI with that broker-dealer. This includes payment for order flow or compensation that the broker-dealer receives for providing liquidity to certain market centers (e.g. registered securities exchanges, electronic communications networks) in the form of WBI orders that are routed to these market centers. While using this broker-dealer for order execution may present a potential conflict of interest, WBI’s first consideration in order placement is always price improvement and “best execution” and its primary purpose for placing these orders with this broker-dealer is to secure a better execution than they may otherwise receive. Part of the compensation received by these individuals may be directed to WBI to enhance the efficiency of its trading systems and to provide other improvements that will benefit WBI clients.

3rd Party Links and Information

WBI does not control the content of nor make any representations or warranties as to the accuracy, timeliness, suitability, completeness, or relevance of any information prepared by any unaffiliated third party, whether linked to WBI’s website or incorporated herein, and takes no responsibility thereof. All such information is provided solely for convenience purposes only and all users thereof should be guided accordingly.

Trademarks and Copyrights

The content provided in this Website is owned by WBI and is protected by applicable copyrights, trademarks, service marks and other intellectual property protections. This material is intended for personal, non commercial use only. If you download any content from this Website for your personal use you agree not to copy it or remove and/or obscure any copyright or other proprietary marks or information contained in the materials.

The contents’ appearance on our Website should not be construed as granting license or right to use of copyrighted or protected material. Any other use of the content is prohibited without express written permission of WBI. Prohibited use includes, but is not limited to; copying, reproducing, republishing, or distributing the content without express written authorization from WBI. Any unauthorized use of this content may violate trademark laws, copyright laws, and other statutes and regulations regarding intellectual property rights.

Email

WBI cannot guarantee the security of electronic communications. E-mail transmissions cannot be guaranteed to be secure or without error as information could be incomplete, intercepted, delayed, corrupted, lost, destroyed, or contain viruses. WBI does not accept liability for any errors or omissions in the contents and information received, nor the non-receipt or delivery as a result an e-mail transmission.

If you receive an email from WBI in error and are not the intended recipient you are hereby notified that any unauthorized disclosure, dissemination, distribution, copying or the taking of any action in reliance on the information herein is strictly prohibited. If you have received an electronic communication in error, please notify the sender immediately and delete the message.

Emails will be reviewed and retained by WBI to satisfy certain regulatory requirements.

Termination

WBI may terminate a visitor’s access to our Website at any time and for any reason without Prior notice.

Privacy

Please review our Privacy Policy which is hereby incorporated by reference to this Agreement. It contains important information about our information collection procedure and the security of your personal information.

Jurisdiction

To the extent not inconsistent with applicable law, this Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey. In addition, to the extent not inconsistent with applicable law, the venue (i.e. location) for the resolution of any dispute or controversy involving WBI arising out of use of this Website shall be the County of Monmouth, State of New Jersey.

Severability

Any term or provision of this Agreement which is invalid or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms or provisions of this Agreement or affecting the validity or enforceability of any of the terms or provisions of this Agreement in any other jurisdiction.

Use by Non-US Residents

The Site and our investment products are operated in the United States under United States law. We do not intentionally offer goods and services to individuals outside of the United States. If you reside in another country, please be aware that any information you provide to us will be collected and stored in the United States or other countries that may have data privacy laws that are less protective than the laws where you reside.