Terms & Conditions

Please read these Terms of Use (“Terms of Use”) carefully. Transparency® LLC owns and operates this website, https://transparencyinvest.com/ (“Site”). The Site is intended for use only by adults.  If you are not over the age of 13, you may not use our products or services or the Site. By registering for, logging into, visiting and/or otherwise using the Site in any way, you indicate that you understand and intend these Terms of Use to be the legal equivalent of a signed, written contract, and you accept these Terms of Use and agree to be legally bound by them. If you do not agree to these Terms of Use, please do not access this Site or any pages thereof.

Services and Products. Transparency® LLC provides certain products and services, namely, the Transparency 100 Index, educational programming, and the Transparency Certification.  Additional terms regarding the Transparency 100 Index can be found at https://transparencyinvest.com/disclosures, which are incorporated herein in their entirety.

Use of Content. The Content (as defined below) of this Site is available for informational purposes only. The posting of Content and access to this Site does not constitute, either explicitly or implicitly, any provision of services or products by Transparency® LLC.

Copyright and Trademarks. This Site (including the software and files), the computers hosting this Site, and content provided on this Site, including any text, music and sound, graphics, images, photographs, audio and video, footage, animations, podcasts, analyses, studies, reports, and downloads (all such content collectively, the “Content”) are the exclusive property of Transparency® LLC, are licensed to Transparency® LLC, or are publicly copyrighted, and are protected by law, including United States copyright, database, trade secret, and trademark law, as well as other state, national, and international laws and regulations. Transparency® is a trademark or registered trademark in the United States and throughout the world. Transparency® LLC reserves all rights with respect to its proprietary information or material on this Site and will enforce such rights to the full extent of applicable copyright and trademark law. Except as expressly provided in these Terms of Use, Transparency® LLC does not grant any express or implied rights to you. All rights in the pages and Content are owned by Transparency® LLC and their respective licensors

Grant of License. Transparency® LLC grants to you a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with these Terms of Use. Any unauthorized use of this Site or the Content, or any violation of applicable laws, will terminate the permission granted herein.

No Offer or Advice. Nothing contained herein constitutes an offer, solicitation or recommendation regarding any investment management product or service, or the offer to sell or the solicitation of an offer to buy any security; nor shall any such services be provided, or securities be offered or sold, in any jurisdiction in which such an offer, solicitation, provision or sale would be unlawful.

The information provided is for informational purposes only. It does not constitute any form of advice or recommendation to buy or sell any securities or adopt any investment strategy mentioned.Any reference to a particular company or security is not an endorsement by Transparency® LLC of that company or security or a recommendation by Transparency® LLC to purchase or sell such security.

The matters discussed herein may also involve risks and uncertainties described from time to time in Transparency® LLC filings with the U.S. Securities and Exchange Commission. The company assumes no obligation to update any forward-looking information contained herein.

No Reliance. Although Transparency® LLC has taken reasonable care to ensure that the information contained within this Site is accurate, no representation or warranty (including liability towards third parties), expressed or implied, is made as to its accuracy, reliability or completeness by Transparency® LLC or their contractual partners

No Warranty. AS BETWEEN YOU AND Transparency® LLC, OUR PRODUCTS, SERVICES, SITE, AND ALL INFORMATION and opinions Transparency® LLC OR THIRD PARTIES PROVIDE ON THE SITE, IS PROVIDED TO YOU “AS IS” AND YOU USE ALL OF THE FOREGOING ENTIRELY AT YOUR OWN RISK.  WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER REGARDING THE SITE’S AVAILABILITY OR THE CORRECTNESS OF ANY CONTENT THEREON, OR THAT THE SITE WILL PROVIDE ANY FEATURE OR CAPABILITY, OR BE SUITABLE FOR ANY PARTICULAR PURPOSE.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY THAT MAY ARISE BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OF THESE TERMS OF USE.  WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT NO WEBSITE OR ONLINE PLATFORM CAN BE ENTIRELY SECURE OR FREE OF RISK OF SECURITY BREACHES OR ATTACKS BY THIRD PARTIES, AND THAT WE MAKE NO WARRANTY OR REPRESENTATION THAT THE SITE WILL BE SECURE OR FREE FROM DATA BREACHES OR CYBER-ATTACKS.

Liability Waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND Transparency® LLC, INCLUDING, BUT NOT LIMITED TO, Transparency® LLC’S affiliates, directors, officers, registered representatives, employees, INDEPENDENT CONTRACTORS, AND  any third party vendorS, EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT AND ACTUAL DAMAGES OR STATUTORY DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY.  THIS MEANS THAT NEITHER OF US WILL SEEK ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER, NOR WILL EITHER OF US BE ENTITLED TO RECOVER SUCH DAMAGES.

Indemnification. You shall indemnify, defend (including by paying reasonable attorneys’ fees and costs), and hold harmless Transparency® LLC and any of its respective affiliates, directors, officers, registered representatives, employees, independent contractors, and third party vendors (each, an “Indemnified Party”), from and against any and all claims, losses, liabilities, damages, actions, lawsuits and other proceedings, judgments and awards, and costs and expenses (including, without limitation, court costs and reasonable attorneys’, experts, and consultancy fees), arising directly or indirectly, in whole or in part, resulting from your use of the Site and/or a Transparency® LLC product or service, whether based in contract or tort (including strict liability) and regardless of the form of action

User Representations. You represent and warrant to Transparency® LLC that you are legally permitted to use this Site, you are over the age of 13, and that you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use, including but not limited to attempting or actually: (a) disrupting, impairing or otherwise interfering with the operation or integrity of the Site or circumventing any Site security system; (b) collecting any information about other users of the Site; (c) systematically, or by any automated means, extracting Content or other information or data contained in the Site; or (d) engaging in any fraudulent or manipulative activity with respect to issuers, securities or markets. Transparency® LLC may terminate your access and use of any part of the Site for such violations.

Information Submitted By You. Transparency® LLC’s usage of your personal information is governed by our Privacy Policy, which forms part of these Terms of Use. You should not submit any confidential or proprietary information via the Site. By submitting any information or material to us through the Site, you grant us an unrestricted, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, display, perform, modify, transmit and distribute those materials or information. You also agree that Transparency® LLC is free to use for any purpose any ideas, concepts, know-how or techniques that you submit to us through the Site. Transparency® LLC shall not be subject to any obligations of confidentiality regarding submitted information, except as agreed to by Transparency® LLC in writing or as otherwise specifically agreed or required by law. You agree not to use this Site to upload, display or distribute any materials that are defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporate the copyrighted, confidential or proprietary material of any other person or entity.

Jurisdiction, Severability. Any action arising out of these Terms of Use or the Site shall be litigated in, and only in, courts located in South Carolina, and you agree to submit to the exclusive jurisdiction of those courts and further agree that they are a convenient forum for you.

Social Media Disclosure. Transparency® LLC’s social media accounts are run by Transparency® LLC team members. Social media posts are not necessarily the opinion of Transparency® LLC as a whole. Transparency® LLC and its related persons use conversations via social media as part of its research process. As a result, Transparency® LLC and clients may (but do not necessarily) have financial interests in securities or issuers that we discuss. However, any discussion of securities or issuers by Transparency® LLC in such conversations is not a recommendation to buy, sell or hold any particular security.  It should not be assumed that recommendations made in the future will be profitable or will equal the performance of the securities in this list.

General Provisions. Transparency® LLC’s failure or delay in the performance of any obligation under these Terms of Use shall be excused to the extent and for the duration that such failure or delay is occasioned by a force majeure event which shall include, without limitation, acts of God, acts of war, earthquakes, fires, floods, terrorism, riots, civil disorders, rebellions, labor disputes, epidemics, pandemics, or any circumstances beyond Transparency® LLC’s reasonable control

In the event of invalidity of any provision of these Terms of Use, the parties agree that such invalidity shall not affect the validity of the remaining portions of these Terms of Use, which shall remain in full force and effect.

These Terms of Use, the Privacy Policy, and any other written agreement signed by both parties and expressly referencing these Terms of Use, set forth the entire understanding between you and us relating to your use of our products, services, and/or Site and supersede all prior or contemporaneous negotiations, understandings, agreements, proposals and representations, written or oral, between you and us related to your use of our products, services, and/or Site.  Transparency® LLC reserves the right to change these Terms of Use at any time by posting notice of the changes on the Site.  You will be deemed to have been made aware of, and will be subject to, the changes to these Terms of Use after any use of the Site after such notice has been posted.  Your continued use of the products, services, Site or any materials or services accessible through the Site, shall constitute your acceptance of the changes. These Terms of Use shall not be construed as creating any agency, partnership, or joint venture between Transparency® LLC and you.