AssetMark Privacy Policies and Notices

1. Grant of License. We grant you a revocable, nontransferable (except as provided below), personal, nonexclusive license to use the object code version of the Application for use on your personal mobile device. You may not install or use the Application on a device that you do not own or control.

2. Limitations On License. The license granted to you in this Agreement is restricted as follows:

• Limitations on Copying and Distribution. You may not copy or distribute the Application except to the extent that copying is necessary to use the Application as described in this Agreement.
• Limitations on Reverse Engineering and Modification; APIs. You may not (i) access or use the application programming interfaces (“APIs”) for any purpose other than your licensed use of the Application or (ii) reverse engineer, decompile, disassemble, modify or create works derivative of the Application, except to the extent expressly permitted by applicable law.
• Sublicense, Rental, and Third Party Use. You may not assign, sublicense, rent, timeshare, loan, lease, or otherwise transfer the Application, or directly or indirectly permit any third party to copy and install the Application on a device not owned and controlled by you.
• Proprietary Notices. You may not remove any proprietary notices (g., copyright and trademark notices) from the Application or its documentation.
• Use in Accordance with Documentation. All use of the Application must be in accordance with its then-current documentation, if any, provided with the Application or made available on our website.
• Confidentiality. You must hold the Application and any related documentation in strict confidence for your own use only.
• Compliance with Applicable Law. You are solely responsible for ensuring your use of the Application is in compliance with all applicable foreign, federal, state and local laws, and rules and regulations.
• App Store Rules. You must use the Application in strict compliance with all rules and usage requirements of the app store from which you downloaded the Application. You are responsible for locating and reviewing those rules and usage requirements.

3. Account Set-Up. To the extent you do not already have an account with us, You agree to: (a) provide true, accurate, current, and complete information when registering to use the Application and establishing your account (“Registration Information”) and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect your information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password. Doing so will compromise the security of your account.

4. Online Services Associated with the Application. The Application may be used to access certain online services. In some cases, you will not receive a separate notice when the Application connects to those services. Using the Application constitutes your consent to the transmission of standard device information (including, but not limited to, technical information about your device, system, and application software) to those services. Your use of those services may be governed by additional terms and conditions. Using the online services will constitute your acceptance of and agreement to be bound by those additional terms and conditions, if any. You may not use any online services in any way that could harm those services, disrupt their operation, or impair any other user’s use of those services or the wireless network through which they are accessed. You may not use the online services to gain unauthorized access to or use of any service, data, account, or network by any means.

5. Feedback. You may provide suggestions, comments, or other feedback (collectively, “Feedback”) regarding our products and services, including the Application. Feedback is voluntary. We may use Feedback for any purpose without obligation of any kind. To the extent a license is required under your intellectual property rights to make use of the Feedback, you grant us an irrevocable, worldwide, non-exclusive, perpetual, fully-paid-up, royalty-free license to use the Feedback in connection with our business, including the enhancement of the Application and the provision of products and services to our customers.

6. Termination. This Agreement and license will automatically terminate in the event you breach any of its terms. In the event of a claim of intellectual property infringement by any third party relating to the Application, we may immediately terminate this Agreement.  In addition, we may choose to discontinue support of the Application at any time, without notice. This may include remotely accessing the Application to cease its operation. In such case, the Application may cease to function and your data may become inaccessible. You are solely responsible for backing up any data stored in the Application.

7. Privacy. We recognize the importance of respecting your privacy. The Online Security and Privacy terms (linked below) provide a description of how we collect, use, share, and protect personal information, as well as the choices and access rights you have in regard to such personal information. For more information on our privacy practices and to review our terms, please visit assetmark.com/privacy-and-security.

8. Application Support; Functionality. All questions and requests relating to Application support must be directed to us at the contact address below. The Third Parties, as defined in Section 15, are not responsible for providing support for the Application and may not be contacted for support. We may change or remove functionality and other features of the Application at any time without notice.

9. Your Warranties. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

10. Warranty Disclaimer; Refund. THE APPLICATION IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. WE AND OUR SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. In the event of any failure of the Application to operate in material accordance with its then-current documentation, you may notify the app store provider, and, subject to the app store provider’s then-current policies and terms, they will refund the purchase price, if any, paid for the Application to you; and that, to the maximum extent permitted by applicable law, the app store provider will have no other obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Application to operate in material accordance with its then current documentation will be governed by the terms of this Agreement.

11. Modified Devices and Operating Systems. We have no liability for errors, unreliable operation, or other issues resulting from use of the Application on or in connection with rooted or jail-broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including use of modified versions of the operating system (collectively, “Modified Devices”). Use of the Application on Modified Devices will be at your sole and exclusive risk and liability.

12. No Liability for Third Parties, App Stores, Wireless Carriers. Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain the Application, Apple Inc., Google LLC, and their respective affiliates, suppliers, and licensors (collectively, the “Third Parties”) are not parties to this Agreement and they do not own and are not responsible for the Application, including, but not limited to claims for: (i) product liability; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. You are responsible for complying with all application store and other applicable Third Party terms and conditions. YOU AGREE (I) THE THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (II) IN NO EVENT WILL THE THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR THE APPLICATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (III) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE DOLLARS ($5.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE THIRD PARTIES ARISING OUT OF THE APPLICATION AND THIS AGREEMENT. THE THIRD PARTIES ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS AGREEMENT, CAPABLE OF DIRECTLY ENFORCING ITS TERMS. NOTHING CONTAINED IN THIS AGREEMENT WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER. In the event of any claim that the Application or your possession and use of the Application infringes a third party’s intellectual property rights, the Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.

13. Limitation Of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR SUPPLIERS AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, OUR ENTIRE LIABILITY AND THAT OF OUR SUPPLIERS AND LICENSORS UNDER THIS AGREEMENT FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR THE APPLICATION.

OUR SUPPLIERS AND LICENSORS ARE THIRD-PARTY BENEFICIARIES OF THIS AGREEMENT, CAPABLE OF DIRECTLY ENFORCING THIS AGREEMENT AGAINST YOU AS A THIRD-PARTY BENEFICIARY. YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST OUR SUPPLIERS AND LICENSORS ARISING OUT OF THE LICENSE OF THE APPLICATION AND ITS MARKETING, YOUR USE OF THE APPLICATION, AND THIS AGREEMENT. YOUR SOLE AND EXCLUSIVE REMEDIES ARE AGAINST US AND SUBJECT TO THE PROVISIONS OF THIS AGREEMENT.

Some states do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the above may not apply to you.

14. Your Indemnity. You will indemnify, defend, and hold us and our suppliers and licensors and the Third Parties harmless from and against all damages, liabilities, costs, fines, sanctions, and expenses arising out of your breach of this Agreement.

15. Export and Import Restrictions. The Application may be subject to the import and export laws of various jurisdictions, including the United States. You are solely responsible for ensuring compliance with all foreign and domestic export and import laws and regulations.

16. Government Restrictions. Any software or other programming provided by us in connection with this Agreement is commercial computer software as described in DFARS 252.227-7014(a)(1) and FAR 2.101. If acquired by or on behalf of the United States Department of Defense or any component thereof, the United States Government acquires this commercial computer software and commercial computer software documentation subject to the terms of this Agreement as specified in DFARS 227.7202-3, Rights in Commercial Computer Software or Commercial Computer Software Documentation. If acquired by or on behalf of any civilian agency, the United States Government acquires this commercial computer software and commercial computer software documentation subject to the terms of this Agreement as specified in FAR 12.212, Computer Software.

17. General. This Agreement will be construed, interpreted, and performed exclusively according to the laws of the State of California, United States of America, without giving effect to any principles of conflicts of law. Any action at law or in equity arising out of or directly or indirectly relating to this Agreement may be instituted only in the Federal or state courts located in Los Angeles, California. You and we consent and submit to the personal jurisdiction of those courts for the purposes of any action related to this Agreement, and to extra-territorial service of process. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to this Agreement must be filed within one (1) year after the claim or cause of action arose. This Agreement constitutes the entire understanding and agreement between us and you with respect to the transactions contemplated in this Agreement and supersedes all prior or contemporaneous oral or written communications with respect to the subject matter of this Agreement, all of which are merged in this Agreement. This Agreement may not be modified, amended or in any way altered except by an instrument in writing signed by authorized representatives of both parties. In the event any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree, the remainder of this Agreement will remain valid and enforceable according to its terms. Any failure by us to strictly enforce any provision of this Agreement will not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers and limitations of liability and your indemnity will survive any termination or expiration of this Agreement. This Agreement may be accepted in electronic form (e.g., by an electronic or other means of demonstrating assent) and your acceptance will be deemed binding between you and us. Neither you nor we will contest the validity or enforceability of this Agreement, including under any applicable statute of frauds, because it was accepted or signed in electronic form. Electronically maintained records when produced in hard copy form shall constitute business records and shall have the same validity as any other generally recognized business records. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT.

18. Contact Information. Our contact information is as follows: assetmark.com/contact-us .

AssetMark’s Mobile Application of eWealthManager Website

Legal Notices

Please Read These Terms Carefully Before Using The Mobile Application of The eWealthManager Website

AssetMark, Inc., AssetMark Trust Company (“AssetMark Trust”), their affiliates, and subsidiaries (collectively “AssetMark”) provide the mobile application of the eWealthManager website (the "Site"), subject to the following Terms and Conditions of Use, which may be updated from time to time without notice. This Site provides you with certain services, including but not limited to, access to information about the products and services offered by AssetMark, and may provide you with information regarding other financial and consumer services and products offered by AssetMark and separately its affiliates or subsidiaries ("Affiliates") and other third-party providers, such as Refinitiv, either directly or through AssetMark ("Providers"). Use of this Site and the services are subject to the Terms and Conditions of Use and all applicable laws. Certain areas within this Site may be subject to additional or different terms and conditions of use, which are posted in those areas. Not all of the services and materials described on this Site are available for use in all geographic areas of the United States or in all countries where AssetMark conducts business. By using the Site, you agree to abide by all of the terms and conditions set forth in this notice. Unless stated otherwise, any new services and materials added to this Site also will be covered by these Terms and Conditions of Use.

PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY INFORMATION CONTAINED ON THIS WEBSITE. YOUR ACCESS AND USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW.

Limited License

Subject to the terms and conditions set forth in this Agreement, AssetMark grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. AssetMark authorizes you to view and download the information ("Materials") at this Site only for your individual use or as is otherwise expressly permitted by your agreement(s) with AssetMark, including for research and analysis purposes. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose (other than for your own benefit or as expressly permitted by your agreement(s) with AssetMark); and 3) you must not transfer the Materials to any other person. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time.

No Offer

THE INFORMATION ON THIS SITE IS NOT AN OFFER BY OR ON BEHALF OF ASSETMARK OR ITS AFFILIATES TO SELL OR SOLICIT AN OFFER TO BUY ANY SECURITY OR OTHER SERVICES.

No Professional Advice

Except as expressly provided in your agreement(s) with AssetMark, the information available on the Site is intended to be a general information resource regarding the matters covered, but is not offered as legal, accounting, tax, or other financial advice, and is not tailored to a customer's specific circumstances. ALL INFORMATION, OPINIONS, AND ADVICE AVAILABLE ON THIS SITE SHOULD BE EVALUATED IN CONSULTATION WITH A LEGAL, ACCOUNTING, TAX, INVESTMENT, OR OTHER FINANCIAL SPECIALIST.

Copyrights/Trademarks

This Site, including all Materials, is copyrighted and protected by worldwide copyright, trademark, and intellectual property laws and treaty provisions. You agree to comply with all such laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, AssetMark does not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information. AssetMark and the AssetMark logo are service marks/trademarks of AssetMark, Inc.

Access, Passwords, and Security

You will be responsible for the confidentiality and use of your login credentials and password. You agree not to hold AssetMark liable for any damages of any kind resulting from your decision to disclose your login credentials or password to any third party, including, but not limited to, entities that aggregate account information or website content, or persons who are or claim to be acting as your agent, proxy or advisor. If you inform AssetMark or AssetMark has reason to believe that the security of your login credentials or password may be or has been compromised, AssetMark has the right to terminate your use of this Site. You will be responsible for all activity conducted through and under your login credentials or password, and any instructions so received by AssetMark will be deemed to have been received from you. You agree to notify AssetMark immediately if you become aware of any loss, theft, or unauthorized use of your login credentials or password.

AssetMark Trust Statements and Communications

If you use AssetMark Trust as your custodian, you can access your AssetMark Trust statements and other regulatory communications in the Document Vault.

Practice Management Materials

This Site may contain practice management and succession planning materials. These materials were developed by AssetMark or certain third parties at the request of AssetMark. These materials are for general purposes only and are not to be relied upon as legal or tax advice or investment advisory services. You should consult with your tax and business advisors and a licensed attorney. Your use of these materials does not establish any agent, advisor, broker, attorney-client or other special relationship between you and those who developed these materials. All materials are provided “as is” with no representations, warranties, or guarantees of any kind.

DISCLAIMER

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (1) YOUR USE OF THIS SITE AND THE SERVICES AND MATERIALS PROVIDED AT THE SITE ARE AT YOUR SOLE RISK, AND (2) THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. ASSETMARK, ITS AFFILIATES, AND THE PROVIDERS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON THE MATERIAL OR ANY OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK.

ASSETMARK, ITS AFFILIATES AND THE PROVIDERS (AS TO THEIR MATERIALS ONLY) RESERVE THE RIGHT, IN THEIR SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. WE USE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE INFORMATION. WE RESERVE THE RIGHT, HOWEVER, TO MAKE CORRECTIONS AND/OR CHANGES SHOULD THIS INFORMATION PROVE TO BE INACCURATE. ASSETMARK, ITS AFFILIATES, AND THE PROVIDERS (AS TO THEIR MATERIALS ONLY) MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS, AND THE PRODUCTS, PROGRAMS, SERVICES, OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

THIS SITE, THE SERVICES, INFORMATION AND MATERIALS ON THE SITE AS WELL AS ANY SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES. THEREFORE SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY AND INDEMNIFICATION

YOU AGREE TO INDEMNIFY AND HOLD ASSETMARK AND ITS AGENTS, EMPLOYEES, AND LICENSORS, INCLUDING THE PROVIDERS, HARMLESS FROM ANY CLAIM, DEMAND, LOSS, COSTS, OR EXPENSE, INCLUDING ATTORNEY'S FEES MADE BY ANY PERSON ARISING OUT OR YOUR VIOLATION OF THIS AGREEMENT, STATE OR FEDERAL SECURITIES LAWS OR REGUATIONS, OR ANY OTHER PERSON'S RIGHTS, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF ANY COPYRIGHT OR VIOLATION OF ANY PROPRIETARY OR PRIVACY RIGHT.

YOU UNDERSTAND AND AGREE THAT ASSETMARK, ITS AFFILIATES, AND THE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES, COSTS OR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM: (i) YOUR USE OF OR INABILITY TO USE THE SITE, THE SERVICES, OR MATERIALS, OR (ii) OBTAINING SUBSTITUTE PRODUCTS AND/OR SERVICES, OR (iii) THE USE OF ANY DATA, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, OR (iv) ANY STATEMENT OR CONDUCT OF ANY THIRD PARTY, OR (v) ANY OTHER MATTER RELATED TO THE SITE, THE SERVICES OR MATERIALS.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Third-Party Service Providers

AssetMark may use Providers to assist in providing the Materials, with or without notice to you. Providers may also provide proprietary market information, including but not limited to, financial market data, quotes, news, analyst opinions, and research reports as well ("Market Information"). AssetMark does not endorse or approve Market Information but makes it available to you as a service and convenience. AssetMark and Providers do not: (i) guarantee the accuracy, timeliness, completeness, or correct sequencing of Market Information; or (ii) warrant any results from your use or reliance on Market Information. You agree that neither AssetMark nor the Providers will be liable to you in any way for the termination, interruption, delay, or inaccuracy of any Market Information. You will not redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized by AssetMark to receive Market Information. You will not use any Market Information, or derivatives thereof, in connection with the creation, management, offering, and/or selling of any financial instrument or financial product that is based on, linked to, or otherwise uses any Market Information (or derivatives thereof) as a component thereof. You consent and authorize AssetMark to delegate the authorizations you provide to AssetMark, to its Providers as AssetMark deems necessary or desirable to provide the Materials to you. You agree that these Terms and Conditions of Use inure to the benefit of such Providers and that such Providers are deemed to be third-party beneficiaries of these Terms and Conditions of Use.

Third Party Sites

As a convenience to you, AssetMark may provide, on this Site, links to websites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk, subject to that site's terms and conditions of use and privacy policy which may be different from those of this Site. It is your responsibility to take all protective measures to guard against viruses or other destructive elements you may encounter on these sites. AssetMark makes no warranty or representation regarding and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that AssetMark or this Site sponsors, endorses, is affiliated or associated with, or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of AssetMark or any of its affiliates or subsidiaries.

External Links to the Site

All links to the Site must be approved in writing by AssetMark, except that AssetMark consents to links in which: (i) the link is a text-only link containing only the name "AssetMark," (ii) the link "points" only to assetmark.com and not to deeper pages: (iii) the link, when activated by a user, displays the linked page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and (iv) the appearance, position and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by AssetMark nor be such as to damage or dilute the goodwill associated with the name and service marks/trademarks of AssetMark or its Affiliates. AssetMark reserves the right to revoke this consent to link at any time in its sole discretion.

Viruses

There is always the possibility of unknowingly acquiring computer viruses on the internet and thus we want to warn you about infections or viral contamination on your system. It is your responsibility to scan any and all downloaded materials received from the internet. AssetMark and its Affiliates are not responsible or liable for any damage caused by viruses or related hazards, whether or not that virus or hazard resulted from a visit to this Site. You, and not AssetMark assume the entire cost of all necessary servicing, repair or correction related to computer viruses.

Potential Disruption of Service

Access to this Site may from time to time be unavailable, delayed, limited, or slowed due to, among other things:

• hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
• software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
• overload of system capacities;
• damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, acts of God, accidents, fire, water damage, explosion, mechanical breakdown or natural disasters;
• interruption (whether partial or total) of power supplies or other utility of service;
• strike or other stoppage (whether partial or total) of labor;
• governmental or regulatory restrictions, exchange rulings, court or tribunal orders, or other human intervention; or
• any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of AssetMark.

Termination of Access

AssetMark reserves the right to terminate, without prior notice to you, your access to this Site in its sole discretion, including without limitation, for overuse or abuse of this Site.

Information Provided By You

In order to use certain Services on this Site, you may have to register. You agree to provide true, accurate, and current information about yourself as prompted by the registration and application forms on this Site. If any information you provide is untrue, inaccurate, incomplete, or not current, or if AssetMark has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete, or not current, AssetMark, in its sole discretion, has the right to suspend or terminate your access to the Site. Further, you agree that AssetMark will not be liable to you or any third party if AssetMark terminates your access to the Site, and the Services or Materials thereon, for any reason.

Except for the information you submit during the registration process, during the use of any service offered through this Site or password-protected areas of this Site (the "Permitted Information"), AssetMark does not want you to, and you should not send any confidential or proprietary information to AssetMark via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to AssetMark other than the Permitted Information will not be considered confidential or proprietary. By providing any such information or materials to AssetMark, you grant to AssetMark an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit, distribute, and sub-license to others such information and materials, and you further agree that AssetMark is free to use, and allow others to use, any ideas, concepts or know-how that you or individuals acting on your behalf provide to AssetMark. You further recognize that AssetMark does not want you to, and you warrant that you shall not, provide any information or materials to AssetMark that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

AssetMark will use the Permitted Information in accordance with the privacy policy posted on this Site.

Bulletin Boards

This Site may include bulletin boards and chat rooms ("Bulletin Boards"), which allow feedback to AssetMark and real-time interaction between users. AssetMark does not control the messages, information, or files delivered to Bulletin Boards. It is a condition of your use of the Bulletin Boards and this website that you do not:

• restrict or inhibit any other user from using and enjoying the Bulletin Boards;
• post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
• post or transmit any information, software, or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
• post or transmit any virus or any information, software, or other material which contains a virus or other harmful component;
• post, or transmit or in any way exploit any information, software, or other material for commercial purposes or which contains advertising.

You understand that AssetMark has no obligation to monitor the Bulletin Boards. However, AssetMark reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, that in AssetMark’s sole discretion are objectionable or in violation of these Terms and Conditions of Use.

Notices

Notices from AssetMark to you regarding your use of the Site, the Services, and Materials will be made by email or regular mail, at the sole discretion of AssetMark, unless otherwise required by law or contract.

General Terms

AssetMark reserves the right, at its sole discretion, to change, modify, add, or remove any portion of these Terms and Conditions of Use in whole or in part, at any time without notice. You should periodically revisit this Site to review the current terms and conditions by which you are bound. Changes in these Terms and Conditions of Use will be effective when posted. Your continued use of the Site, the Services, and Materials after any changes to these Terms and Conditions of Use are posted will be considered acceptance of the changes.

AssetMark may terminate, change, suspend, or discontinue any aspect of the Site, including the availability of any features of the Site, at any time without notice. AssetMark may also impose limits on certain features and services or restrict your access to all or parts of the Site without notice or liability. AssetMark may terminate the authorization, rights and license given above.

The Terms and Conditions of Use constitute the entire agreement between AssetMark and you in connection with your use of this Site, the Services, and the Materials. Any cause of action you may have with respect to your use of this Site, the Services, or the Materials must be commenced within one (1) year after the claim or cause of action arises. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms and Conditions of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions of Use, and the remainder of the Terms and Conditions of Use shall continue in full force and effect. In the event of termination, the disclaimers and limitations of liabilities set forth in the Terms and Conditions of Use will survive.

The Terms and Conditions of Use will be deemed to include all other notices, policies, disclaimers, and other terms contained in this Site and in other contracts that you may have executed with AssetMark.

International Users and Choice of Law

This Site is controlled, operated, and administered by AssetMark from its offices within the United States of America. AssetMark makes no representation that materials at this Site are appropriate or available for use at other locations outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of United States export laws and regulations. If you access this Site from a location outside the United States, you are responsible for compliance with all local laws.

This Agreement constitutes the entire agreement between AssetMark and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must commence within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

Governing Law

These Terms and Conditions of Use shall be governed by the laws of the State of California, United States of America, without giving effect to its conflict of laws provisions.

Last Updated: July 2023