Terms of Use

TERMS OF USE

Before investing, consider your investment objectives, risks, charges, and expenses of the investment product, 529 plan, or annuity and its investment options. Contact Integral Financial LLC for a prospectus, Fact Kit, disclosure document, or, if available, a summary prospectus containing this information. Read it carefully.

Integral Financial LLC is pleased to provide you with the information, content, tools, products and services on all Integral Sites. Because these Terms of Use cover multiple web sites, some terms may refer to items that are available only on certain Integral sites. These Terms of Use also include some important disclosures and information related to certain products and services. Your use of Integral Sites is subject to these Terms of Use (“Terms”).

These Terms are a binding agreement between you and the Integral Financial LLC, as well as our U.S. affiliates (“Integral”). By using or accessing the Integral Sites, you accept and agree to be bound by these Terms. Your use of Integral Sites is governed by the version of the Terms in effect on the date you access each Integral Site. Integral may modify these Terms at any time and without prior notice.

You should review the most current version of these Terms by visiting an Integral Site and clicking on the Terms of Use hyperlink located at the bottom of the page. These Terms are in addition to any other agreements between you and Integral, including any customer or account agreements, and any other agreements that govern your use of information, content, tools, products and services available on and through the Integral Sites.

USE OF INTEGRAL SITES

The Integral Sites are intended only for your personal, non-commercial use, unless you and Integral have agreed otherwise in writing.

Use of this site is subject to the terms and conditions contained in the Integral Online Agreement (the “IOA”) set forth below. In continuing to access or use our site, you agree to be bound by those terms and conditions within the IOA applicable to your use.

Consent to Electronic Records and Signature

The IOA, other online agreements, and our web-site include important disclosures and regulatory information that are associated with the Integral Services. From time to time, Integral may ask you to review other important disclosures or agreements about an Integral Service.

By clicking “I agree” you will also be providing your electronic signature that will affirm:

You understand and intend that the IOA is a legally binding agreement and the equivalent of a signed, written contract;
You will use all Integral Services, and our web-sites generally, in a manner consistent with applicable laws and regulations and in accordance with the terms and conditions of the IOA and any other applicable rules, guidelines or other conditions that govern the use of a particular Integral Service as they may be amended by Integral from time to time; and
You understand, accept, and have received the IOA and its terms and conditions, and acknowledge and demonstrate that you can access the IOA and other Records and Disclosures on our web-site.

Click “I agree” for Your Signature

As noted above in the Consent to Electronic Records section, by clicking “I agree” you will be signing this Agreement with a binding electronic signature, and you acknowledge that you have read and understood this Agreement’s terms and conditions.

USE OF THIRD PARTY SERVICE PROVIDERS

Integral may use third party service providers to assist in providing certain Integral Services with or without notice to you (each, a “Third Party Service Provider”). Integral may also change Third Party Service Providers or may itself provide an Integral Service without the assistance of such third party. You consent and authorize Integral to delegate the authorizations you provide to Integral to its Third Party Service Provider(s) as Integral deems necessary or desirable to provide the applicable Integral Service to you. You agree that the terms and conditions of the IOA, including any of the other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement, inure to the benefit of such Third Party Service Providers and such Third Party Service Providers are deemed to be third party beneficiaries of the IOA, including any other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement. You also agree that all references to “Integral” within the IOA and any incorporated terms are also deemed to include, where applicable, Integral’s agents, such as the Third Party Service Providers.

To protect the privacy and security of your personal information, Third Party Service Providers will only be authorized to use or maintain your personal information only in accordance with Integral’s privacy policy.

NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES

You agree to accept all communications from us regarding use of the Integral Services at the addresses you provide during Registration. Please promptly update any changes to your registration information by completing “Change of Contact Information” form. Integral is entitled to rely on the email address and U.S. mail address that you last provided to us. You agree to waive all claims resulting from failure to receive communications because of changes in your e-mail or U.S. mail address. From time to time, we would like to send you information about Integral products and services. If you register for an Integral Service, you are granting Integral permission to communicate with you by email. You can opt not to receive such information from us in the future by following the instructions in any email that we send to you.

You agree to be bound by any affirmation, assent, or agreement you transmit through the Integral Services you access by computer or other electronic device, including internet, telephonic and wireless devices, including but not limited to any consent you give to receive communications from us solely through electronic transmission. You agree that, when in the future you click on an “I agree,” “I consent” or other similarly worded “button” or entry field with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

USE OF INTEGRAL SERVICES

The following requirements apply to your use of all Integral Services:

You will not use any electronic communication feature of an Integral Service for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful.
You will not upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
You will not collect or store personal data about other users.
You will not use any Integral Service for any commercial purpose not expressly approved by Integral in writing. You will not upload, post, e-mail or otherwise transmit any advertising or promotional materials, including, without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication.
You will not upload, post, e-mail or otherwise transmit any material that contains viruses or any other computer code, files or programs which might interrupt, limit or interfere with the functionality of any computer software or hardware or telecommunications equipment.

BUSINESS CONTINUITY

Integral is committed to providing continuous customer service and support; however, we recognize that there are potential risks that could disrupt our ability to serve you. We have implemented a business continuity management program with a strong governance model and commitment from senior management. Click here to access more information.

As we continue to test our plans and as conditions in our firm and the industry change, we will continuously revise the plans as considered necessary. Whenever we update this disclosure document we will promptly place a copy of it on our website. You may request a hard copy of this disclosure in its current revision be sent to you at any time by mail.

INFORMATION FOR FOREIGN INVESTORS

The Integral Sites are intended to be made available only to individuals in the United States, and the information on the Integral Sites is only for such persons. Nothing on the Integral Sites shall be considered a solicitation to buy or an offer to sell a security, or any other product or service, to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction.

BROKER-DEALER’S POTENTIAL CONFLICTS

As a broker-dealer, Integral Financial LLC or its affiliates may act as principal for its own account or as agent for its customers in connection with the sale to you or purchase by you of a security that is the subject of content prepared by Integral. If it receives a mark-up or commission or acts as agent for another person in connection with any such transaction, Integral may have a potential conflict of interest. You understand this potential conflict and acknowledge that you may choose to effect securities transactions at another broker-dealer.

LIMITATIONS ON INVESTMENT GUIDANCE AND PROFESSIONAL ADVICE

The Integral Sites are not intended to provide legal, tax, investment or insurance advice. Nothing on the Integral Sites should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by Integral or any third party. Certain investment planning tools available on the Integral Sites may provide general investment education based on your input. You are solely responsible for determining whether any investment, investment strategy, security or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or or tax professional regarding your specific situation.

The Integral Sites are protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in the Integral Sites, including any text, graphics, video, audio, software code, user interface design or logos.

Unless you and Integral have agreed otherwise, links from another web-site to an Integral Site must resolve to the top-level homepage of an Integral domain (e.g., www.infi.biz). In order to avoid confusion if you do link from another web site to an Integral Site top-level homepage, your web site, and the link itself, may not suggest that Integral endorses, sponsors or is affiliated with any non-Integral web site, entity, service or product, and may not make use of any Integral trademarks or service marks other than those contained within the text of the link.

All trademarks and service marks on the Integral Sites belong to Integral Financial LLC or an affiliate, except third-party trademarks and service marks, which are the property of their respective owners.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Integral with the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works;
An identification of the allegedly infringing material, and a description of where that material is located on the Integral Sites;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner.

Integral’s Agent for Notice of claims of copyright infringement can be reached as follows:

By mail: 1072 S De Anza Blvd, Suite A206, San Jose, CA 95129

By phone: 408-996-1118 By email: info@infi.biz

THIRD-PARTY CONTENT AND RESEARCH

On the Integral Sites, the source of all Third Party Content is clearly and prominently identified. Third Party Content is available through framed areas, through hyperlinks to third party websites, or is simply published on the site. The Third Party Content is protected by copyright pursuant to United States laws and international treaties and is owned or licensed by the Third Party Content provider(s) credited.

Integral has not been involved in the preparation, adoption or editing of Third Party Content and does not explicitly or implicitly endorse or approve such content. The Third Party Content providers do not implicitly or explicitly endorse or approve the Third Party Content, nor do they give investment advice, or advocate the purchase or sale of any security or investment.

While Integral makes every attempt to provide accurate and timely information to serve the needs of users, neither Integral nor the Third Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party sites. Third Party Content is provided for informational purposes only and Integral and the Third Party Content providers specifically disclaim any responsibility for Third Party Content available on the site. You will use Third Party Content only at your own risk. THE THIRD PARTY CONTENT IS PROVIDED ON AN “AS-IS” BASIS. THE THIRD PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

THE THIRD PARTY CONTENT PROVIDERS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In order to comply with applicable laws and regulations, Integral may at times exclude content with respect to securities of issuers which are the subject of public offerings made available to Integral’s brokerage customers, or otherwise. Certain other content filtering may take place from time to time based on objective criteria.

“CUSIP” identifiers have been provided by CUSIP Global Services, managed on behalf of the American Bankers Association by Standard & Poor’s Financial Services, LLC, and are not for use or dissemination in a manner that would serve as a substitute for any CUSIP service. The CUSIP Database, © 2010 American Bankers Association. “CUSIP” is a registered trademark of the American Bankers Association.

TIMELINESS OF CONTENT

All content on the Integral Sites is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

PROHIBITED USES

Because all servers have limited capacity and are used by many people, do not use Integral Sites in any manner that could damage or overburden any Integral server, or any network connected to any Integral server. Do not use Integral Sites in any manner that would interfere with any other party’s use of the Integral Sites.

MEANS OF ACCESS

The Integral Sites are generally intended to be viewed by a conventional web browser with a screen resolution of 800 by 600 pixels or greater. Although you may use other means to access the Integral Sites, be aware that the Integral Sites may not appear accurately through other access methods, and you use them only at your own risk.

You should not access the Integral Sites through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved or made available by Integral.

Certain parts of the Integral Sites are protected by passwords or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the Integral Sites, or to any other protected materials or information, through any means not intentionally made available by Integral for your specific use.

Links provided on Integral sites to mutual fund prospectuses may resolve to the fund’s summary prospectus, if available, or alternatively to the fund’s full prospectus.

PASSWORD SECURITY AND NOTIFICATION

If you have a password for access to non-public areas of the Integral Sites, you are solely responsible for maintaining the confidentiality and use of the password and other security data, methods and devices. Further, you are responsible for all activities that occur in connection with your password including all instructions electronically transmitted or use of any data, information or services obtained using your password and other security data. Integral shall not be under any duty to inquire as to the authority or propriety of any instructions given to Integral by you or via your password and shall be entitled to act upon any such instructions and Integral will not be liable for any loss, cost, expense or other liability arising out of any such instructions. Accordingly, you should take steps to protect the confidentiality of your password. As an authorized user you accept full responsibility for the monitoring of your account including frequently checking your account information, reviewing your transaction history online and promptly reviewing any correspondence, account statements and confirmations received from Integral. Notify Integral immediately if you become aware of any unauthorized activity, disclosure, loss, theft or unauthorized use of your password. You agree to cooperate with Integral in any investigation and agree to take corrective measures to protect your account from further fraudulent activity.

HYPERLINKS

Integral may make available links from a Integral Service to other, third party sites or electronic services providers that are not affiliated with Integral. Integral does not control these other sites or services, and Integral makes no representations or endorsements whatsoever concerning those sites or services. The fact that Integral has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are risks in using any information, software, service or product found on the Internet, and Integral cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Integral liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites.

DISCLAIMER OF WARRANTIES

ALTHOUGH INTEGRAL TRIES TO PROVIDE ACCURATE AND TIMELY INFORMATION THROUGH ITS INTEGRAL SERVICES, THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS. INTEGRAL RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANY TIME, WITHOUT NOTICE. THE INFORMATION PROVIDED THROUGH THE INTEGRAL SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE.” INTEGRAL DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE INTEGRAL SERVICES. INTEGRAL PROVIDES NO GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. INTEGRAL EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION CONTAINED IN THE INTEGRAL SERVICES. INTEGRAL MAY CHANGE INFORMATION CONTAINED IN THE INTEGRAL SERVICES AT ANY TIME AND MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED IN THE INTEGRAL SERVICES. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE INTEGRAL SERVICES.

FURTHER, INTEGRAL MAKES NO WARRANTIES REGARDING THE INTEGRAL SERVICES. INTEGRAL AND ITS AFFILIATES AND AGENTS (INCLUDING THIRD PARTY SERVICE PROVIDERS) DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE INTEGRAL SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INTEGRAL OR THROUGH OR FROM THE INTEGRAL SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

LIMITATION OF LIABILITY

INTEGRAL WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE INTEGRAL SITES AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF INTEGRAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

INTEGRAL WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH INTEGRAL DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.

IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR IF YOU ACCESS THE INTEGRAL SITES SOLELY THROUGH AN ARRANGEMENT WITH YOUR EMPLOYER OR PLAN SPONSOR, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

As a condition of your use of the Integral Sites, you agree to indemnify and hold Integral and its Third Party Content providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of the Integral Sites, or from your violation of these Terms.

MODIFICATIONS, SUSPENSIONS AND TERMINATIONS OF INTEGRAL SERVICES

Integral reserves the right to modify or discontinue, temporarily or permanently, an Integral Service (or any part thereof) with or without notice. You agree that Integral will not be liable to you or to any third party for any modification, suspension or discontinuance of an Integral Service. Please keep in mind that extended periods of inactivity may also result in your enrollment in an Integral Service being canceled. The license granted under the IOA will terminate if Integral believes that any information provided by you, including your email address, is no longer current or accurate, or if you fail to otherwise comply with any term or condition of the IOA and all Rules and Guidelines for each Integral Service. Upon such violation, you agree to terminate access to the Integral Services.

GOVERNING LAW

The IOA, and all future agreements you may enter into with Integral, unless otherwise indicated on such other agreement, will be governed by the law of the state of California, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Integral in California or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal and exclusive jurisdiction of the courts located within the City and County of Santa Clara, California. If any part of the IOA is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

SEVERABILITY

If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.