Posted:  April 2017

Welcome to the website of RGT Capital Management, Ltd. d/b/a RGT Wealth Advisors (“RGT” or “we”).  The following terms and conditions, together with any documents they expressly incorporate by reference, including without limitation the Website Privacy Policy (collectively, these “Terms of Use” or “Terms”), govern your access to and use of rgtadvisors.com, and any related RGT websites, including without limitation any content, functionality, and services offered therein (collectively, the “Site”), and the web-based account services (the “Services”).

Please read these Terms of Use carefully before you start to use the Site.

BY ACCESSING, BROWSING OR USING THE SITE (INCLUDING YOUR SUBMISSION OF INFORMATION TO THE SITE) OR BY REGISTERING FOR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE WEBSITE PRIVACY POLICY (WHICH IS INCORPORATED HEREIN BY REFERENCE), AND TO COMPLY WITH ALL APPLICABLE UNITED STATES LAWS AND REGULATIONS. You agree that these Terms of Use, combined with your act of using the Site, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a written signature. You further agree that you shall not challenge the validity, enforceability, or admissibility of these Terms of Use on the grounds that they were electronically transmitted or authorized.

The information contained on the Site is for informational purposes only and should not be considered as investment advice or as a recommendation of any particular strategy or investment product. The Site is not a solicitation to sell investment advisory services in states where RGT is not registered, unless an exemption or exclusion from registration exists.

The Site is offered and available to users who are 18 years of age or older and reside in the United States. By using the Site and any Services provided by the Site, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Site or the Services.

SITE USAGE

You agree to use the Site only for lawful purposes and only for your own personal, non-commercial use. You may download or print a single copy of any portion of the Content (hereinafter defined) provided on the Site for your personal, non-commercial use, provided you do not remove any trademark, copyright, or other notice contained in such material. No other use is permitted unless otherwise expressly permitted in writing by RGT. You may not, for example, use the Site to transmit, post, download, distribute, copy, display publicly, store, or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret, or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive, or hateful.

You are prohibited from violating or attempting to violate the security measures on the Site, including, without limitation:

  1. Attempting to probe, scan, or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;
  2. Attempting to interfere with service to any user, host, or network;
  3. Sending unsolicited e-mail, including promotions and/or advertising of products or services;
  4. Hijacking all or any part of the Site or its Content, deleting or changing any Content, deploying pop-up messages or advertising, running or displaying the Site, or any of its Content, in frames or through similar means on another site, or linking to the Site or any page within the Site, without our specific written permission;
  5. Using a false password or one belonging to another user or accessing data not intended for the user or logging into a server or account which such user is not authorized to access; and
  6. Disclosing a password or permitting a third party to use a password or failing to notify us if a password is compromised;

We have absolute discretion to determine if any use violates these rules and to act as we deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.

SITE CONTENT

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, audio, video clips, text, “look and feel”, layout, graphics, messages, files, documents, and written and other materials that appear as part of the Site (collectively, the “Content”) whether publicly posted or privately transmitted, as well as all derivative works are property owned, controlled, licensed, or used with permission by RGT, and/or its parents, subsidiaries, and affiliates (collectively, “RGT”) or other parties that have licensed to or otherwise permitted their material to be used by RGT. The Site as a whole and its Content are protected by copyright, trademark, trade dress, and other laws and all worldwide right, title, and interest in and to the Site and its Content are owned by RGT or used with permission of the owner. RGT, RGT Wealth Advisors, the RGT logo, rgtadvisors.com, and all other trademarks and service marks appearing on the Site are property of RGT or are used with permission of the owner. You agree not to display or use such marks without RGT’s prior written permission. RGT disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names, and trade names other than its own.

The Content of the Site, and the Site as a whole, are intended solely for personal, non-commercial use by the users of the Site and may not be used except as permitted in these Terms of Use. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any downloading or copying. Except as expressly permitted herein, you may not reproduce, republish, publish, upload, post, transmit, distribute (including by email or other electronic means), publicly display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content or the Site without the prior written consent of RGT or the owner of such material. Nothing contained on the Site grants or should be construed as granting, any license or right to use, implied or otherwise, any trademarks, trade names, service marks, trade dress, copyrighted or other proprietary material displayed on the Site without the prior written consent of RGT or the owner of such material. All rights not expressly granted herein by RGT to you are reserved by RGT and/or its licensors. Third-party trade names, product names, and logos, contained in the Site may be the trademarks or registered trademarks of their respective owners.

The information presented on or through the Site is made available solely for general informational purposes. We may update the Content on the Site from time to time, but the Content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

SERVICES

The Site may offer the ability for our advisory clients to view information regarding applicable accounts managed by our firm and to use information, content, messages, products, services, software, and databases available through the Services.

Subject to the terms and conditions of these Terms of Use, we grant you a limited, revocable, nontransferable, nonexclusive license to access and use the Services.

We use third party service providers, vendors, and licensors to assist in providing the Services (each, a “Third Party Service Provider”).  You hereby consent and authorize us to delegate the authorizations you provide to us to our Third Party Service Providers as we deem necessary or desirable to provide the Services to you.  You agree that the terms and conditions of these Terms of Use, including any of the other terms, conditions, warranty disclaimers, and liability disclaimers incorporated into these Terms of Use, inure to the benefit of such Third Party Service Providers to the extent that they are providing the Services or part of the Services to you and such Third Party Service Providers are deemed to be third party beneficiaries of these Terms of Use, including any other terms, conditions, warranty disclaimers, and liability disclaimers incorporated into these Terms of Use.  You also agree that all references to us within these Terms of Use and any incorporated terms are also deemed to include, where applicable, our agents, such as the Third Party Service Providers.  Your use of certain Services provided by Third Party Service Providers will require your agreement to certain additional terms and conditions provided by the applicable Third Party Service Providers.  These additional terms and conditions will be made available to you when, and if, you access the applicable third party services.

The Content provided in connection with the Services are our property or the property of the applicable Third Party Service Providers, and are protected by applicable copyright law. You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate, or commercially exploit the Content in any manner without our express written consent, that of the Third Party Service Providers, or any other person with the authority to give such consent. You agree that you will not use the Content for any unlawful purpose. You further agree to comply with all our reasonable written requests intended to protect the Third Party Service Providers’ and our respective rights in the Services.  You will not remove any proprietary notices (e.g., copyright and trademark notices) from any Content provided in connection with the Services.

BETA SERVICES

From time to time, we may designate certain new functionality or services to be made available in connection with the Services as “Beta Services.” Such Beta Services will not be ready for use in a production environment.  Because they will be at an early stage of development, operation and use of the Beta Services may be unpredictable and lead to erroneous results.  You acknowledge and agree that: (i) the Beta Services will be experimental and will not have been fully tested; (ii) the Beta Services may not meet your requirements; (iii) the use or operation of the Beta Services may not be uninterrupted or error free; (iv) your use of the Beta Services will be for purposes of evaluating and testing the new functionality and services and providing feedback to us; and (v) you shall inform your employees, staff members, and other users regarding the nature of the Beta Services.  Your use of the Beta Services shall be subject to all of the terms and conditions set forth in these Terms of Use relating to the Services.  You shall promptly report any errors, defects, or other deficiencies in the Beta Services to us.  NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE, ALL BETA SERVICES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. YOU HEREBY WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST US AND OUR THIRD PARTY SERVICE PROVIDERS AND LICENSORS ARISING OUT OF YOUR USE OF THE BETA SERVICES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

ACCOUNT SECURITY

You will be responsible for the confidentiality and use of your access number(s), password(s), and account number(s). YOU AGREE NOT TO HOLD US OR THIRD PARTY SERVICE PROVIDERS LIABLE FOR ANY DAMAGES OF ANY KIND RESULTING FROM YOUR DECISION TO DISCLOSE YOUR ACCESS NUMBER(S), PASSWORD(S), OR ACCOUNT NUMBER(S) 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 INVESTMENT MANAGER. You will be responsible for all activities through and under your access number(s), password(s), and account number(s), and any instructions (to the extent applicable) received by us will be deemed to have been received from you. By using the Services, you agree to take all steps necessary to prevent unauthorized access to your account.  You agree immediately to notify us if you become aware of any loss or theft of your access number(s), password(s), and/or account number(s); any unauthorized use of any of your access number(s), password(s), and/or account number(s); or of the Services.

YOUR PRIVACY RIGHTS

All information we collect on the Site is subject to our Website Privacy Policy and/or the RGT Client Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the applicable privacy policy.

LINKS TO THIRD PARTY WEBSITES

RGT is not responsible for the contents of any linked website that may be contained on the Site, or any link contained in a linked website, or any changes or updates to such websites. The inclusion of any link does not imply endorsement by RGT of that website, or its owner, and is provided only for informational purposes. RGT reserves the right to reject any request for a link to a third-party website and to remove any link for any reason.

INDEMNIFICATION

You will indemnify, defend, and hold harmless RGT and its subsidiaries, affiliates, and the Third Party Service Providers, and each of their, officers, directors, employees, attorneys, and agents, from and against any and all damages, claims, and actions brought by you or any third party resulting from your use of the Site in violation of these Terms, your violation of any state or federal laws or regulations, or the infringement by you of any intellectual property rights of any person or entity.

DISCLAIMER AND LIMITATION OF LIABILITY

THE CONTENT, SERVICES, INFORMATION, AND ACCESS TO THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. RGT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. RGT DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL BE UNINTERRUPTED, CONTINUOUS, OR ERROR-FREE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT SHALL RGT OR ANY OF ITS AFFILIATES, THIRD PARTY SERVICES PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, AND LOST REVENUES, EVEN IF SUCH PARTIES HAVE 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 OR INABILITY TO USE THE SITE, OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
BY ACCESSING THE SITE, RECEIVING INFORMATION, OR USING THE SERVICES, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF THE THIRD PARTY SERVICE PROVIDERS, OR ANY OTHER PERSONS INVOLVED IN TRANSMITTING INFORMATION OR PROVIDING THE SERVICES ARISING OUT OF ANY CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICES WILL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE SERVICES RELATED TO YOUR CLAIM. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INACCURACY; RELIANCE

From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions, including those that may relate to products or services. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.  RGT will use commercially reasonable efforts to provide accurate and updated information. However, RGT cannot and does not guarantee the accuracy or completeness of such information.  WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

NO WAIVER; FORCE MAJEURE

RGT shall not be deemed to have waived any of its rights or remedies under these Terms of Use unless such waiver is in writing and signed by an authorized representative of RGT. RGT’s failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of RGT’s right to subsequently enforce such a provision or any other provision of these Terms of Use, nor will any delay or omission on the part of RGT to exercise or take advantage of any right or remedy that RGT has or may have hereunder, operate as a waiver of any right or remedy.

RGT shall not be liable for any failure or delay in performance under these Terms of Use which is due to any event beyond the reasonable control of RGT, including without limitation, fire, explosion, unavailability of utilities or raw materials, internet delays and failures, telecommunications failures, unavailability of components, labor difficulties, war, riot, act of God, export control regulation, laws, judgments, or government instructions.

TERMINATION

These Terms of Use shall be effective until terminated. RGT may terminate or suspend your use of the Site at any time and without prior notice, including if RGT believes that you have violated or acted inconsistently with these Terms of Use. Upon any such termination or suspension, your right to use the Site will immediately cease.

We reserve the right to terminate your access to the Services or any portion of them in our sole discretion, without notice and without limitation, for any reason whatsoever.  We may terminate your access to the Services for reasons including, but not limited to, the unauthorized use of your account access information, breach of these Terms of Use, or termination of one or more agreements between us and Third Party Service Providers.  WE AND THE THIRD PARTY SERVICE PROVIDERS SHALL HAVE NO LIABILITY TO YOU FOR TERMINATING YOUR ACCESS TO THE SERVICES. If these Terms of Use are terminated, you will cease using the Services and all products, services, and content obtained through the Services.

SURVIVAL

Any provision of these Terms of Use, which by its nature extends beyond termination of these Terms, shall survive termination of these Terms of Use.

RELATIONSHIP OF THE PARTIES

The parties agree that we shall perform our duties under these Terms of Use as an independent contractor.  Nothing contained herein shall be deemed to establish a partnership, joint venture, association, or employment relationship between the parties.  Personnel employed or retained by us who perform duties related to these Terms of Use shall remain under our supervision, management, and control.

SEVERABILITY
In the event that any of the provisions of these Terms of Use shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such a provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.

ASSIGNMENT

You may not assign these Terms of Use or any of your rights or obligations hereunder without the prior written consent of RGT. RGT may assign these Terms of Use or any of its rights or obligations hereunder in RGT’s sole discretion.

GOVERNING LAW

These Terms of Use shall be construed according to, and the rights of the parties shall be governed by, the law of the State of Texas, without reference to its conflict of laws rules or principles.

PUBLISHED CONTENT

RGT periodically publishes industry-related content in the form of blog posts on the Site (the “Published Content”).  The Published Content may include, but is not limited to, market commentary, articles regarding industry trends, republication of content from outside sources, and excerpts from books or other publications.  No part of the Published Content may be reproduced in any form, or redistributed for any purpose, without the express written consent of RGT.
The Published Content is intended for informational purposes only; it does not constitute an offer to sell or solicitation of an offer to buy any interest in any security. Such an offer can only be made by the appropriate offering or disclosure documents.  Communication absent these documents is for informational purposes only. Any past performance is for illustrative purposes only and is not indicative of future investment results.  Any materials, comments, or statements (whether from outside sources) used in the Published Content do not necessarily reflect the views or opinions of RGT Wealth Advisors, its subsidiaries, or affiliates. Perceptions, attitudes, and beliefs expressed in the Published Content, whether explicit or implied, are not intended as investment advice and are subject to change without notice.
The Published Content may contain certain projections that are based on assumptions which are subject to significant uncertainties, are difficult to predict, and are beyond the control of RGT. There can be no assurance that any projection or underlying assumption will be realized, and actual results may vary. Certain information included in the Published Content may have been provided by sources we believe to be accurate, however, we do not warrant the accuracy of such information.

DEFINITIONS AND DOCUMENTS

CFP® and CERTIFIED FINANCIAL PLANNERTM – are certification marks owned by the Certified Financial Planner Board of Standard, Inc.  These marks are awarded to individuals who successfully complete the CFP Board’s initial and ongoing certification requirements

Registered Investment Adviser ( RIA) – A person or firm who, for compensation, engages in the business of advising others as to the value of securities or the advisability of purchasing or selling securities. RIAs are required to register with the Securities and Exchange Commission.

Form ADV – The uniform form for use by investment advisors to register and update registrations with the Securities and Exchange Commission and the jurisdictions that require advisors to register. The form is also used to comply with SEC Rule 206(4)-4, which obligates investment advisors to disclose relevant financial and disciplinary information to clients.

Chartered Financial Analyst (CFA) – A financial analyst who has been awarded the CFA charter from the Association of Investment Management and Research (AIMR).

Download a copy of the ADV, Part 2

CONTACT INFORMATION

Should you encounter problems with the Site, or have questions regarding these Terms of Use or the Site itself, please contact us at:

RGT Wealth Advisors
ATTN: Lana Copeland
lcopeland@rgtadvisors.com