TERMS OF USE

These terms and conditions of use (these “Terms and Conditions”) apply to this website (collectively, the “Site”) and your use thereof.

Please read these Terms and Conditions carefully before using the Site. By accessing and continuing to use the Site, you acknowledge that you have read, understood and agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you should not access or use the Site. CogentBlue Wealth Advisors, LLC and its affiliates (“CogentBlue”) reserves the right, at CogentBlue’s discretion, to change, modify, add or remove portions of these terms at any time. Modifications will be effective immediately upon posting unless CogentBlue indicates otherwise. Therefore, CogentBlue suggests that you review these terms periodically for changes. By using the Site after CogentBlue has posted changes to these Terms and Conditions, you are agreeing to be bound by these terms as amended.

CogentBlue Grants You a Limited Right to Use the Site

You may not violate or attempt to violate the security of the Site. At any time and for any reason CogentBlue may revoke your right to use all or any portion of the Site.

Disclaimer

All content is for informational purposes only. Nothing contained in the Site constitutes investment, legal, accounting or tax advice and you should not consider any such information on the Site to be the same. Neither the information nor any opinion contained in the Site constitutes a solicitation or offer by CogentBlue or any fund or other entity managed directly or indirectly by CogentBlue to buy or sell any securities, futures, options or other financial instruments. Although the Site may include investment-related information, nothing on the Site is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy. CogentBlue does not give any advice or make any representations through the Site as to whether any security or investment is suitable to you or will be profitable. Decisions based on information contained on the Site are the sole responsibility of the visitor. If you would like investment, accounting, tax, or legal advice, you should consult with your own financial advisors, accountants, or attorneys regarding your individual circumstances and needs.

PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS AND INVESTMENT STYLE IS NEITHER INDICATIVE OF NOR A GUARANTEE OF FUTURE PERFORMANCE. There is no guarantee that an investment strategy will achieve its objectives. The value of investments may fall as well as rise and investors may not get back the amounts invested. Investment in any of these strategies is speculative, involves a high degree of risk and is designed only for sophisticated investors who are able to bear the loss of their investment in a security. Investing involves risk, including the possible loss of principal.

There are various risks you assume in relying on the content. Dated content speaks only as of the date indicated. CogentBlue makes reasonable efforts to provide accurate content, but at times may not promptly update or correct the Site even if it is aware that the content is inaccurate, outdated, or otherwise inappropriate. CogentBlue may change all or any portion of the Site at any time without notice to you. CogentBlue does not endorse the opinions of, or warrant the accuracy of facts or other content contributed by, any third party. You agree CogentBlue is not liable for any action you take or decision you make in reliance on any content.

The materials in the Site are provided “AS IS” and without warranties of any kind (either express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement). To the fullest extent permissible pursuant to applicable law, CogentBlue disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

CogentBlue further assumes no responsibility for and makes no warranties regarding the availability, accuracy, completeness, timeliness, functionality, reliability, sequencing, or speed of delivery of the functions contained at this Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available will be free of viruses or other harmful components. CogentBlue shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed on your computer as a result of your accessing this Site.

CogentBlue is not liable for any technological problems regarding the Site or any impact they may have. All or any portion of the Site may not be available and may not function properly at any time. CogentBlue makes reasonable efforts to avoid technological problems, but at any time, the Site may have and may cause technological problems such as viruses and other damaging computer programming routines or engines. CogentBlue takes reasonable security precautions when using the internet, telephone, or other means to transport data or other communications, but CogentBlue disclaims liability for any interception of data or communications. CogentBlue makes reasonable efforts to ensure that the Site is secure, but CogentBlue does not guarantee the security of the Site. CogentBlue is not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site. CogentBlue is not liable for any defects, delays, or errors in or resulting from your use of the Site.

CogentBlue maintains historical materials and disclosures on its Site for archival and regulatory purposes. The information contained in such materials and disclosures was accurate at the time it was initially presented, and CogentBlue assumes no responsibility for updating information to reflect subsequent developments.

Restrictions on Use of Materials
Unless otherwise expressly noted, all information and materials, including without limitation images, illustrations, designs, icons, photographs, video clips and written and other materials, that are part of the Site are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by CogentBlue. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way; provided, however, that you may download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact and properly display all copyright and other proprietary notices. You may not distribute, modify, transmit, reuse, repost, or use the content of the Site, including, without limitation, any text, images, audio and video, for public or commercial purposes without CogentBlue’s written permission. Modification or use of the information or materials for any other purpose will violate the copyright and/or intellectual property rights of CogentBlue. CogentBlue will not treat users of this Site as its clients by virtue of their accessing this Site.

Disclosures and Forward-Looking Statements
The information contained on the Site may contain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, that reflect CogentBlue’s current views with respect to, among other things, future events and financial performance. CogentBlue generally identifies forward-looking statements by terminology such as “outlook,” “believe,” “expect,” “potential,” “continue,” “may,” “will,” “should,” “could,” “seek,” “approximately,” “predict,” “intend,” “plan,” “estimate,” “anticipate,” “opportunity,” “comfortable,” “assume,” “remain,” “maintain,” “sustain,” “achieve,” “see,” “think,” “position” or the negative version of those words or other comparable words.

Any forward-looking statements contained on the Site are based upon historical information and on CogentBlue’s current plans, estimates and expectations. The inclusion of this or other forward-looking information should not be regarded as a representation by CogentBlue or any other person that the future plans, estimates or expectations contemplated by CogentBlue will be achieved.

CogentBlue cautions that forward-looking statements are subject to numerous assumptions, estimates, risks and uncertainties, including, but not limited to, the following: global economic, business, market and geopolitical conditions; U.S. and foreign regulatory developments relating to, among other things, financial institutions and markets, government oversight, fiscal and tax policy; conditions impacting the alternative asset management industry; CogentBlue’s ability to retain existing investor capital; CogentBlue’s ability to successfully compete for fund investors, assets, professional talent and investment opportunities; CogentBlue’s ability to retain its executive managing directors, managing directors and other investment professionals; CogentBlue’s successful formulation and execution of its business and growth strategies; CogentBlue’s ability to appropriately manage conflicts of interest and tax and other regulatory factors relevant to CogentBlue’s business; and assumptions relating to CogentBlue’s operations, investment performance, financial results, financial condition, business prospects, growth strategy, and liquidity.

If one or more of these or other risks or uncertainties materialize, or if CogentBlue’s assumptions or estimates prove to be incorrect, CogentBlue’s actual results may vary materially from those indicated in these statements. These factors are not and should not be construed as exhaustive and should be read in conjunction with the other cautionary statements and risks that are included in CogentBlue’s disclosures. There may be additional risks, uncertainties and factors that CogentBlue does not currently view as material or that are not known. CogentBlue does not undertake to update any forward-looking statement because of new information, future developments, or otherwise.

The Site and the information contained herein do not constitute an offer of any fund affiliated with CogentBlue.

Jurisdictional Issues
Unless otherwise specified, the materials in or accessible through the Site are directed at residents of the United States, its territories, possessions and protectorates. The Site is controlled and operated by CogentBlue from its offices within the State of Tennessee, United States of America. CogentBlue makes no representation that materials in or accessible through the Site are appropriate or available for use in other locations or that access to them where their content is located is not illegal and prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws if and to the extent local laws are applicable. You may not use or export the information or materials in violation of U.S. export laws and regulations. The information provided in or accessible through the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject CogentBlue to any registration or other requirement within such jurisdiction or country. CogentBlue reserves the right to limit access to the Site to any person, geographic region, or jurisdiction.

Transmissions to and from the SiteElectronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the www.cogentbluewealth.com domain name or made via this Site may not be secure. Communications to CogentBlue, particularly those containing confidential information, should be sent by mail to: CogentBlue Wealth Advisors, LLC, P.O. Box 2443, Knoxville, TN 37901. Subject to any applicable terms and conditions set forth in CogentBlue’s Privacy Policy, any communication or other material that you send to CogentBlue through the internet or post on the Site by electronic mail or otherwise is and will be deemed to be non-confidential and non-proprietary, and CogentBlue shall have no obligation of any kind with respect to such information. CogentBlue shall be free to use any ideas, concepts, know-how, or techniques contained in such communication for any purpose whatsoever, without any notice and/or compensation due or payable to you.

Links to Other Web Sites and Services
CogentBlue does not review or monitor any websites linked from or to the Site and your following links from or to such websites is at your sole risk. Accordingly, CogentBlue cannot be held responsible for the information, materials, products or services obtained on or from such other websites, nor will CogentBlue be liable in any respect whatsoever for any damages arising from your access to such websites. Any links from or to other websites are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply an endorsement, representation or warranty by CogentBlue with respect to any such linked websites or the content, products or services contained or accessible through, or the operators of, such websites.

Liability
COGENTBLUE’S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

AS A CONDITION OF USE OF THIS SITE, YOU AGREE TO INDEMNIFY COGENTBLUE OR ANY OF COGENTBLUE’S AFFILIATES, AGENTS, OR EMPLOYEES FROM AND AGAINST ANY AND ALL ACTIONS, CLAIMS, LOSSES, DAMAGES, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF THESE TERMS AND CONDITIONS, THE SITE, OR THE INABILITY TO USE THE SITE.

COGENTBLUE’S LIABILITY IS LIMITED EVEN IF COGENTBLUE HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS IN ITS ESSENTIAL PURPOSE.

UNDER ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF COGENTBLUE, ITS AGENTS, AND EMPLOYEES TO ANY USER OF THE SITE WITH RESPECT TO THE SITE IS $100.

Governing Law and Consent to Jurisdiction
These terms and your use of the Site shall be governed by all applicable federal laws of the United States of America and the State of Tennessee. Any legal action or proceeding related to this Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Tennessee.

Monitoring of Site
CogentBlue expressly reserves the right to monitor any and all use of this Site. CogentBlue is under no obligation to do so and assumes no responsibility or liability arising from the use of this Site.

Privacy and Security Policy
Federal law requires financial institutions to inform clients of their policies relating to the protection of personal financial information. The following statement explains how CogentBlue handles the information that we receive about our clients. CogentBlue is committed to protecting the privacy and confidentiality of non-public personal customer information. Personal information is any data that identifies clients or their accounts.

Information Collection
CogentBlue may collect personal information through submission of account documentation and contact information on forms completed by the client, or client’s authorized representative. Such information could include the client’s name, e-mail and postal address, phone number, Social Security number, assets, income, financial needs and goals, account balances and transactions, including those with unaffiliated third parties. We use this information only to process your requests and transactions and to provide you with financial advice. We restrict access to nonpublic personal information about you to those CogentBlue employees who need to know that information to provide services to you.

Information Use
It is CogentBlue’s policy not to disclose non-public information about our clients to any other parties except where required by law or authorized by the client’s, or authorized client’s representative, or according to our Privacy Policy. From time to time, CogentBlue may disclose personal information collected from clients to third-party service providers that facilitate the operation of some areas of our investment advisory business, and CogentBlue may also use such information in the account intake process, including conducting anti-money laundering screening. We require any third-party service providers to protect the confidentiality of your information and to use the information only for the purposes for which we disclose the information to them.

Safeguards
CogentBlue uses the following measures to protect the privacy of clients. All personal information in our computers is protected from unauthorized access by a secure firewall and database architecture. In instances where personal information is exchanged via the internet, electronic and procedural methods to safeguard this exchange are used.

It is the policy of the Firm to ensure so called “consumer report information” (such as personal information about a client, e.g., Social Security number) is protected, maintained and disposed of in ways that ensure such information is safeguarded from unauthorized uses or disclosures. CogentBlue will take reasonable measures to dispose of personal information so that it cannot be read or reconstructed for unauthorized use. CogentBlue will determine the appropriate method of disposal on an as needed basis.

Service Providers
CogentBlue may have relationships with non-affiliated third parties that require us to share customer information in order for the third party to carry out its services for us.

Processing and Servicing Transactions
CogentBlue may share information when it is necessary to effect, administer, or enforce a transaction for our clients or if a client initiates a request for us to share information with an outside party. All requests by clients must be received in writing from the client.

Sharing as Permitted or Required by Law
CogentBlue may disclose information to non-affiliated third parties as allowed by law. For example, this may include a disclosure in connection with a subpoena or similar legal process, a fraud investigation, recording of deeds of trust and mortgages in public records, an audit or examination, or the sale of an account to another financial institution.

CogentBlue Wealth Advisors, LLC Website Terms and Conditions: Last updated April 2021.