Disclaimer

Disclaimer

The information provided on this website is provided for informational purposes only. Martingale believes the information on this website comes from reliable sources, but it cannot assure its completeness or suitability. While Martingale seeks to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors for which we apologize. We reserve the right to make changes and corrections at any time, without notice.

The information provided on Martingale’s website is provided “AS IS” and “AS AVAILABLE” basis, and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, Martingale disclaims all warranties, including, but not limited to, any warranty of non-infringement of third-party rights any implied warranties of merchantability and fitness for a particular purpose. Martingale does not warrant, either expressly or implied, the accuracy or completeness of the information, text, graphics, links or other items contained on this website, and Martingale expressly disclaims all liability for errors and omissions in these materials and for the use or interpretation by others of information contained on the website. Martingale will not be responsible for any loss or damage that could result from interception by third parties of any information made available to you via this website. Neither Martingale, nor any of its affiliates, directors, officers or employees, nor any third party vendor retained by Martingale will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this website, or resulting from the act or omission of any other party involved in making this website or the data contained therein available to you, or from any other cause relating to your access to, inability to access, or use of the website or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Martingale or of any vendor providing software or support services for this website. In no event will Martingale be liable to you for any direct, special, indirect, consequential, incidental damages or any other damages of any kind even if Martingale or any other party have been advised of the possibility thereof.

Submissions

Electronic Mail (email) submitted to this website should be considered neither secure nor confidential. Martingale makes no representation whatsoever concerning the security or confidentiality of your email messages and specifically makes no representation that any email message submitted through this website will be received by Martingale.

Any communications or material you transmit to this website by electronic mail or otherwise, including data, questions, comments, or suggestions will be treated as non-confidential and nonproprietary and will become the property of Martingale. By submitting communications or material to this website, you acknowledge and agree that they may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Martingale is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this website for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.

Links

Should you leave this website via a link contained herein, and view content that is not provided by Martingale, you do so at your own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by Martingale. Martingale is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such website, whether actual, alleged, consequential or punitive. Martingale makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content.

Third-Party Content

Martingale is in no way responsible for the content of any website owned by a third party that may be linked to Martingale’s website via hyperlink, whether such hyperlink is provided by Martingale or by a third party.

Ownership of Other Materials

Adobe®, Acrobat®, and the Acrobat® Reader are trademarks of Adobe Systems Incorporated. Microsoft® and Internet Explorer® are trademarks of Microsoft Corporation. S&P® and S&P 500® are registered trademarks of Standard & Poor’s Financial Services LLC. FTSE Russell is the owner of its trademarks, service marks, and copyrights related to its indexes. Indexes are unmanaged and cannot be invested in directly.

Governing Law

Unless otherwise agreed, these Terms and their enforcement are governed by the laws of the Commonwealth of Massachusetts, without regard to conflicts of law, and shall inure to the benefit of Martingale’s successors and assigns, whether by merger, consolidation, or otherwise. This provision may not apply to participants in certain employer-sponsored workplace savings plans.

Limitation of Liability

MARTINGALE 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 MARTINGALE WEBSITE AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF MARTINGALE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. MARTINGALE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH MARTINGALE 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 DAMAGES AS CONTEMPLATED HEREBY, OR IF YOU ACCESS THE MARTINGALE ASSET MANAGEMENT WEBSITE SOLELY THROUGH AN ARRANGEMENT WITH YOUR EMPLOYER, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Waiver

No waiver by Martingale of any right under or term or provision of these Terms will be deemed a waiver of any other right, term, or provision of these Terms at that time or a waiver of that or any other right, term, or provision of these Terms at any other time.

Integration and Severability

If any provision 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 and conditions of use represent the entire agreement between Martingale and the user relating to the subject matter herein.