Terms of Use

TERMS AND CONDITIONS GOVERNING USE OF THE Brinker WEBSITE

Overview

Brinker Capital Investments, LLC is a Nebraska limited liability company registered with the SEC as an investment adviser under the Investment Advisers Act of 1940. Brinker’s web site is provided as a convenient method to disseminate general information pertaining to its advisory services as well as provide access to additional investment-related information, publications, and links. No part of this website may be reproduced in any manner without the express written permission of Brinker. Your use of this website is subject to the following Terms and Conditions of Use (“Terms and Conditions”).

Terms and Conditions of Use

These Terms and Conditions are a binding contract between you and Brinker. By using or accessing this website, you accept and agree to be bound by these Terms and Conditions. Your use of the website is governed by the version of the Terms and Conditions in effect on the date in which this site is accessed by you. Brinker may modify these Terms and Conditions at any time and without prior notice. You should review these Terms and Conditions from time to time, as your continued use of this site signifies your acceptance of any changes. Information contained on this website is derived from sources believed to be reliable. However, Brinker does not represent that this information is complete or accurate and it should not be relied upon as such. All opinions expressed herein are subject to change without notice. Brinker does not provide accounting, legal or tax advice and no portion of the Brinker website should be interpreted as such. All content on the Brinker website is presented only as of the date published or indicated, and may be superseded at any time. All content included on this site is the property of Brinker and is protected by United States copyright laws. All trademarks and service marks on the Brinker website belong to Brinker or an affiliate, except for third-party trademarks and service marks, which are the property of their respective owners. Accordingly, you may not copy, distribute, modify, post or frame-in this site, including any text, logos, graphics, video, audio, software code or user interface design without the express written consent of Brinker. This website and included materials do not constitute an offer to sell, an offer to buy, recommendation to buy or representation as to the suitability or appropriateness of any security, financial product or instrument. Investors should seek financial advice regarding the appropriateness of investing in any security or investment strategy discussed or recommended on this website and should understand that statements regarding future prospects may not be realized. There is no guarantee that any investment program or account will be profitable or will not incur a loss. Investors should note that security values may fluctuate and that price or value may rise or fall. Accordingly, investors may receive back less than originally invested. Past performance is not necessarily a guide to future performance. Individual client accounts may vary.

Means of Access

Certain parts of the Brinker website are protected by a User ID and Password and require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the Brinker website, or to any other protected materials or information, through any means not intentionally made available by Brinker for your specific use. If you have a User ID and Password for access to non-public areas of the Brinker website, you are solely responsible for all activities that occur in connection with your User ID and Password; therefore, you should take steps to protect the confidentiality of this information. You agree to notify Brinker immediately if you become aware of any disclosure, loss, theft or unauthorized use of your User ID and Password.

Indemnification

As a condition of your use of the Brinker website, to the extent permitted by law, you agree to indemnify and hold Brinker and its third party 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 Brinker website, or from your violation of these Terms and Conditions.

Limitation of Liability

Brinker WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF Brinker HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES AND INFORMATION AVAILABLE FROM ITS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE Brinker WEBSITE AND ANY THIRD PARTY CONTENT.

Force Majeure

Brinker will not be liable for failure or losses caused by conditions and events beyond its control including, without limitation: fire, electrical, mechanical or equipment breakdowns, delays by third party vendors and/or communications carriers, civil disturbances or disorders, terrorist acts, strikes, acts of governmental authority or new governmental restrictions, market fluctuations or acts of God.

Links to Third-Party Websites

This website may contain links to third-party web sites. Any links to such third-party web sites are provided solely as a convenience to you and not as an endorsement by Brinker of the content on such third-party web sites, or any affiliation or association with its operators. Brinker is not responsible for the content of linked third-party sites, including, without limitation, any link contained in a linked site, or any changes or updates to a linked site, and do not make any representations regarding the information, services, products or accuracy of any material contained on such third-party web sites.

Changes to the Website

Brinker may terminate your access to the Brinker website or discontinue or modify the Brinker website at any time without prior notice to you. Your continued use of the Brinker website following any such modification will constitute acknowledgement of your acceptance of said modifications.

Governing Law

Except as otherwise required by law, the Terms and Conditions of use for this website are governed by the laws of the state of Nebraska without regard to conflicts of law, and shall inure to the benefit of Brinker’s successors and assigns, whether by merger, consolidation, or otherwise.