March 5, 2016

Terms of Use & Privacy Policy

NOTICES

© 2016 THEOREM FUND SERVICES LLC. All Rights Reserved.

THEOREM FUND SERVICES LLC and its affiliates (collectively: “Theorem”) have developed this web site for the Theorem Fund Services Dashboard (the “Site”). The Site is provided on behalf of financial organizations that utilize Theorem’s services, for use by clients of those financial organizations. The financial organization where you have an account is referred to herein as “your financial organization”. Theorem acts solely as clearing agent for your financial organization. Theorem does not exercise supervisory authority over your financial organization or its employees.

TERMS OF USE
By using the Site (including without limitation all content accessible from the Site), the user (“you”) agree to comply with the conditions imposed on your use of the Site, as set out in these Terms of Use and elsewhere in the Site.

Some contents of the Site, included but not limited to exchange data, market data, news, and other information services, are provided by third parties as a convenience to you (“Third Party Content”). Third Party Content is outside Theorem’s control. Neither Theorem, your financial organization, nor the provider of the Third Party Content, take responsibility for the suitability of the Third Party Content. The provision of the Third Party Content is not an endorsement of the Third Party Content, any third party service, or its sponsoring organization. REFERENCE TO A FUND OR SECURITY INCLUDED ANYWHERE IN THIS SITE IS NOT A RECOMMENDATION TO BUY, SELL, OR HOLD THAT, OR ANY OTHER SECURITY.

The content of the Site is the intellectual property of Theorem or the relevant data, news and information services providers or other third parties that provide it. Such content is protected by copyright and other intellectual property laws, and all ownership rights remain with Theorem or the relevant data, news and information services providers or other third parties that provide it, as the case may be.

You may only use content retrieved from the Site for your own personal and non-commercial purposes. You may not copy, distribute or redistribute any content, including by caching, framing or similar means, or sell, resell, re-transmit or otherwise make it available in any manner to any third party. You may not store any content for the purposes of creating a historical database or historical data product. You may not use any of the content in connection with the issuance, trading, marketing or promotion of investment products (e.g., derivatives, structured products, investment funds, investment portfolios, etc. where the price, return and/or performance of the investment product is based on or related to the data) without a separate written agreement with the data provider that has ownership rights to the data (e.g. Dow Jones, S&P, etc.).

The site (including all content and information therein) is provided “as is.” theorem, your financial organization and other providers of materials on this site disclaim any warranty of any kind, whether express or implied, as to any matter whatsoever relating to the site, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and noninfringement.

Neither theorem, any information service provider or any third party shall be liable to you or any third party for any loss or damage, direct, indirect or consequential, arising from (i) any inaccuracy or incompleteness in, or delays, interruptions, errors or omissions in the delivery of the data or any other information supplied to you through the site or (ii) any decision made or action taken by you or any third party in reliance upon the site. Neither theorem, any information service provider or any third party be liable for loss of business revenues, lost profits or any punitive, indirect, consequential, special or similar damages whatsoever, whether in contract, tort or otherwise, even if advised of the possibility of such damages incurred by you or any third party.

Where the information on the site consists of pricing or performance data, the data contained therein has been obtained from sources believed reliable. Data computations are not guaranteed by any information service provider, your financial organization or theorem and may not be complete. Neither theorem, any information service provider, nor any third party makes any warranties, as to the accuracy, adequacy, quality or fitness, timeless, non-infringement, title, of any information for a particular purpose or use and all such warranties are expressly excluded to the fullest extent that such warranties may be excluded by law. You bear all risk from any use or results of using any information. You are responsible for validating the integrity of any information received over the internet.
Transmission may be subject to arbitrary delays beyond theorem’s control, which may delay the provision of the site and the execution of your orders. You acknowledge that neither theorem, any information service provider, nor any third party will be liable to you or any third party for any losses arising from such delay. You accept at your own risk that the internet and online communications medium may not perform as intended despite the efforts of theorem, your internet service provider and you.

You understand and acknowledge that confirmations of executions or cancellations may be delayed or may be erroneous (e.g. due to computer system issues) or may be cancelled/adjusted by an exchange, market center or executing broker. Any reporting or posting errors, including errors in reporting or posting execution prices or cancellations, will be corrected to reflect what actually occurred in the marketplace.

You understand and acknowledge that when you place a request to cancel an order, the cancellation of that order is not guaranteed. The order will only be cancelled if the request is received by the market center to which the order was routed and matched with the order to be canceled before it is executed. During market hours, it is rarely possible to cancel market orders or marketable limit or as such orders are subject to immediate execution. You should not assume that any order has been executed or canceled until you have received a transaction or cancellation confirmation.

In no event will theorem, any information provider, or third party be liable for any consequential loss including but not limited to special, incidental, direct or indirect damages resulting from delay or loss of use of the site, or for any damage to your computer, software, modem, telephone or other property resulting from your use of the site.

ONLINE PRIVACY POLICY

Theorem Fund Services, LLC and/or affiliates thereof (collectively, “Theorem”) are committed to protecting the privacy of all individuals who utilize the www.theoremdashboard.com and www.theoremfundservices.com websites (the “Site” or “Sites”). Please read the following policy to understand how we collect, use and safeguard the information you may provide to us via this Site. This Privacy Policy may be revised from time to time, so please revisit this page often to remain fully informed of our policies.

To What Does This Online Privacy Statement Apply?

This Online Privacy Statement applies to the personal information that we collect from or about you via the Sites. This Sites may contain links to other web sites, and this Online Privacy Statement does not apply to those sites. If you link to any of those sites, we recommend that you review their privacy policies. If we materially change our privacy policies or practices, we will also change this Online Privacy Statement to notify you of such changes.

What Information Does Theorem Collect From You?

Through the Sites, Theorem collects from you:
(i) personally identifiable information, and (ii) technical and other information.
• General Web Site Visitors. When you browse the Sites, you do so anonymously; no personally identifiable information is collected.
• Contacting Us. The Sites permit you to reach out to us via our Brochure Request and Client Questionnaire form. Whenever you send an email via these forms on the Site, you may be providing us with your first name, last name, email address and any information you choose to provide in the text of your message. For example, you may choose to provide your phone number, mailing address or other information necessary or helpful for us to address your query or concern.
• Employment. Further, the Site may allow you to submit information to Theorem regarding positions of employment with Theorem. In such event, you may provide us with your first name, last name, email address, phone number, the information contained in your resume, and/or additional information you choose to provide us about your employment history and/or other relevant information.
• Technical and Other Information. While you are browsing the Site, we automatically log your IP address (a number assigned to your computer when you use the Internet) and your activity while using the Site.

Tracking
Please note we do not engage in the collection of personally identifiable information about your online activities over time and across third party websites or online services. Accordingly, we do not currently process or comply with any web browser’s “do not track” signal or other mechanisms that provide consumers with the ability to exercise choice regarding the collection of personally identifiable information about your online activities over time and across third party websites. Further, we have not knowingly authorized any third parties to collect personally identifiable information about your online activities over time and across different websites when you use the Site. Nonetheless, such third party companies (e.g., companies providing features or functionality on the Site, etc.) may collect and use non- personal information during your visits to the Site and other websites in order to provide advertisements on other sites about goods and services likely to be of greater interest to you. These companies typically use a cookie or a third party web beacon to collect such information.

How Is Your Information Used?
• Our Use of Information. We collect, retain, and use your personally identifiable information for legitimate business purposes only, including without limitation the following: to respond to an inquiry from you or address a request submitted by you (including contacting you directly to request additional information to process your inquiry or request); to contact you and to provide you information regarding Theorem and/or our services; to assess your professional credentials and/or perform background checks in connection with your application for open employment positions with Theorem; to operate or improve the Site; to correspond with you regarding the Site or our services; to inform you of developments in Theorem or about services we believe may be of interest to you; to monitor Site visitor traffic patterns and Site usage; to comply with applicable laws, regulations and rules, and requests of relevant law enforcement and/or other governmental agencies; to enforce our Terms of Use; and/or to protect the rights, property, or safety of Theorem, our users, and others.
• Sharing Information. We do not sell or rent your personally identifiable information to third parties. We share your information only with our affiliates and service providers or as otherwise described herein in order to provide you with information regarding our services. In addition, we will disclose information we maintain, including personally identifiable information: (i) when required to do so by law or regulation, or may disclose such information in response to a request from a law enforcement agency or authority or any regulatory authority; (ii) to protect the integrity or security of the Site or the interests, rights, or property of Theorem; or (iii) to enforce the Site’s Terms of Use.

Modifications
We strive to maintain the accuracy of any personally identifiable information that may be collected from you, and will use our commercially reasonable efforts to respond promptly to update our database when you tell us the information in our database is not accurate. It is your responsibility to ensure that such information is accurate, complete and up-to-date. You may obtain from us, by email the information in our records. If you wish to make any changes to any personally identifiable information you have provided to us, you may do so at any time by contacting us at info@theoremfundservices.com.

Opt Out
You may opt out of receiving materials or other communications from us by contacting us at info@theoremfundservices.com.

Children
In compliance with the Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501-06 and 16 C.F.R. §§ 312.1-312.12, we do not knowingly collect information from children. By using the Site, you represent that you are not under 13 years of age.

Third Party Websites
Theorem may reference or provide links to third party websites. We are not responsible for the third party websites, and you should review the privacy policies posted on such sites. Please be aware that Theorem does not control, nor are we responsible for, the privacy policies or information practices of third parties or their websites.

Protecting Your Personally Identifiable Information
Because security is important to both Theorem and you, we make reasonable efforts to ensure the security of our systems. Please be aware, however, that Internet data transmission is not always secure and we cannot and do not guarantee that information you transmit utilizing the Site is secure.

Business Transfer
Theorem may, in the future, sell or otherwise transfer some or all of its assets to a third party. Your personally identifiable information and/or technical information we obtain from you via the Site may be disclosed to any potential or actual purchasers of such assets and/or may be among those assets transferred.

Users In The European Union
If you are a resident of a country within the European Union, by using this Site and providing us your personally identifiable information you explicitly acknowledge and agree to (i) the transfer of your personally identifiable information to the United States and (ii) the collection and use of your personally identifiable information in accordance with this Privacy Policy.

Acceptance Of These Terms
This Privacy Policy is incorporated into and subject to the terms of the Theorem Terms of Use. By using the Site and voluntarily providing your personally identifiable information to us, you consent to the collection and use of such personally identifiable information as set forth in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not provide us with any information and do not use the Site.

Effectiveness
This Privacy Policy is effective as of 02/22/2016. We reserve the right, at any time, to modify, alter, or update this policy, and any such modifications, alterations, or updates will be effective upon posting. In the event we modify this Privacy Policy, your continued use of the Site will signify your acceptance of the modified Privacy Policy.