Welcome! Please carefully read the following Terms of Use (“Terms of Use”) before using this website (the “Site”). By using the Site, you agree to follow and be bound by these Terms of Use. Wasatch may periodically modify these Terms of Use, and any such modifications will be effective immediately upon posting. We suggest that you periodically check these Terms of Use for modifications. If you do not agree to these Terms of Use, do not use the Site.
The Site is owned and operated by Wasatch Global Investors and of its subsidiaries and affiliates (collectively, “Wasatch” or “We”). Wasatch may modify, suspend, discontinue, or restrict the use and availability of any portion of the Site at any time, without notice or liability. Your use of the Site may be monitored by Wasatch and used for Wasatch’s internal business purposes, without liability.
1. Funds. The Funds
described on the Site are offered only by a current prospectus. You may access the prospectus for any of the Funds at any time while in the Site by selecting the link at the bottom of each page. The prospectus contains more complete information on the Funds, including information on their investment objectives, strategies, risks, and advisory fees and other expenses; you should read the prospectus carefully before deciding to invest in the Funds. You may obtain a free paper copy of the prospectus by calling 800.551.1700, or by sending a request via e-mail to shareholderservice@wasatchfunds.com.
The materials available on the Site are not an offer or a solicitation of an offer to buy any of the Funds, nor shall any of the Funds be offered or sold to any person, in any jurisdiction in which such offer, solicitation, purchase or sale would be unlawful under the securities laws of such jurisdiction.
Investment return and principal value for our funds will fluctuate with market conditions, and you may have a gain or loss when you sell your shares. Past performance does not guarantee future results. Mutual funds and other investment products are not FDIC insured; are not deposits or obligations of, or guaranteed by, any financial institution; and are subject to risks, including possible loss of the principal amount invested. These risks, and other risks that particular funds may be subject to, such as specialized industry sectors or use of complex securities, are discussed in each fund’s prospectus.
The Site is not intended to provide any tax, legal, insurance or investment advice, and nothing on the Site should be construed as a recommendation, by Wasatch or any third party, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction. While certain tools available on the Site may provide general investment or financial analyses based upon your personalized input, such results are not to be construed as Wasatch providing investment recommendations or advice. Unless otherwise specified, you alone are solely responsible for determining whether any investment, security or strategy or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.
2. International Use. Because of the global nature of the Internet, you agree to comply with all local rules with respect to your account and your online conduct, including all laws, rules, codes, and
regulations of the country in which you reside and the country from which you access the Site, including without limitation, all laws, rules, codes,
regulations, decrees, acts, orders, directives, legislation, bills, and
statutes pertaining to tax, contracts, intellectual property, securities,
e-commerce, banking, technology, computers, fraud, and privacy. In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of technical data exported from the United States.
3. Intellectual
Property Rights and Restrictions on Use. You acknowledge that the Site is protected by applicable copyrights, trademarks, trade secrets, proprietary rights and other intellectual property laws, and that these rights are valid and protected in all forms, media, and technologies existing now or developed in the future. Accordingly, you may not copy, distribute, modify, post or frame-in the Site, including any text, graphics, video, audio, software code, user interface design or logos, except as explicitly authorized below or by us in writing.
Permitted uses. Wasatch grants you a non-exclusive, personal, non-transferable, non-sublicensable, limited and revocable right to access, use and display this Site on any computers or other electronic display devices of which you are a user,for your personal and non-commercial use only (the “Permitted Uses”). You agree to use the Site only for lawful purposes, for the Permitted Uses, and not for the Prohibited Uses. No other use of the Site is authorized unless you and We have agreed otherwise in writing.
You may print copies of the Site’s content, provided that these copies are made only for the Permitted Uses and that you include any notices and any legal information contained in the Site content, such as all copyright notices, trademark legends, or other proprietary rights notices as well as all associated legal caveats furnished on the Site. Limited linking to the Site is permitted if done in full compliance with all applicable laws, these Terms of Use, and our Linking Policy.
Prohibited uses. You are prohibited from any use of the Site that would give rise to liability or otherwise violate any applicable laws or regulations or the Terms of Use. You may not publicly perform, publicly display, transmit, publish, participate in the sale or transfer of, modify, or create derivative works based on anything available through the Site, in whole or in part. You shall not store electronically any significant portion of any part of the Site. No reverse engineering, linking, framing, or modification of any part of the Site is allowed without our written approval. Any modification or unauthorized use is a violation of Wasatch’s copyrights and other proprietary rights.
Trademarks and copyrights. All trademarks, service marks, and logos appearing on the Site are the exclusive property of their respective owners. Similarly, all materials on the Site, whether separate or compiled, including, but not limited to, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, as well as all copyright, patent, trademark, trade dress, and other rights therein, are owned or licensed by Wasatch and its third-party information providers, and are protected by applicable intellectual property laws.
All Wasatch graphics, logos, page headers, fund names, and service names are trademarks, service marks, or trade dress of Wasatch. Wasatch’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not Wasatch’s, in any manner that is likely to cause confusion among customers or investors, or in any manner that disparages or discredits Wasatch. Nothing contained on the Site should be construed as granting any license or right in or to any trademarks, service marks, or trade dress of Wasatch.
Copyright Reporting and Claims Procedure. We reserve the right to remove from the Site, any content that is alleged to infringe someone’s copyright. If you reasonably believe that your copyrighted work is accessible on the Site in a way that constitutes copyright infringement, please provide the following information to Wasatch’s below-identified Designated Copyright Agent.
Copyright Infringement Notice Requirements:
“I hereby state, under penalty of perjury, that: I am the owner, or authorized to act on behalf of the owner, of the copyright(s), or of an exclusive right under the copyright(s), that is/are allegedly infringed; I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use); any information provided in this statement that is qualified as being based on information and belief is believed to be true; and any information provided in this statement that is not qualified as being based on information and belief is within my personal knowledge and is true.”
Copyright Agent
Wasatch Global Investors
505 Wakara Way, 3rd Floor
Salt Lake City, UT 84108
4. Wasatch Linking Policy. Individuals may, for personal use only, bookmark or
point to any page within the Site. You may not link to this Site unless you
comply with the following conditions. Wasatch grants you a limited, revocable,
nonexclusive right to create a hyperlink to the Site (“Link”), provided you
comply at all times with the following conditions:
5. Online Account
Access. If you maintain an
account that you access through the Site, you are solely responsible for
maintaining the confidentiality of your account and password and for
restricting access to your computer. You agree to accept responsibility for all
activities occurring under your account or password that are due to your
conduct, inaction, or negligence. Notify us immediately if you become aware of
any disclosure, loss, theft or unauthorized use of your password.
6. Prohibited Uses. Because all servers have limited
capacity and are used by many people, you may not use the Site in any manner
that could damage or overburden any Wasatch server, or any network connected to
any Wasatch server. You may not use the Site in any manner that would interfere
with any other party’s use of the Site.
Access to and use of password-protected and/or secure areas of the Site are restricted to authorized users only. You may not obtain or attempt to obtain unauthorized access to such parts of the Site, or to any other protected materials or information, through any means not intentionally made available by Wasatch for your specific use. Unauthorized individuals attempting to access, or actually accessing, these areas can be subject to criminal and/or civil prosecution.
7. Third-Party Content. Wasatch will not
be responsible for the accuracy, completeness, timeliness, or suitability for
use of any information provided by third parties through this web site, whether
by hyperlink or otherwise.
Wasatch is in no way responsible for the content of any site owned by a third party that may be linked to the Site via a hyperlink whether such hyperlink is provided by Wasatch or by a third party. No judgment or warranty is made with respect to the accuracy or suitability of the content of any site to which the Site may link, including information on the site regarding the Site; and Wasatch takes no responsibility therefore. By providing access to other web sites, Wasatch is not recommending the purchase or sale of any stock issued by any company, nor is it endorsing services provided by any web site’s sponsoring organization. You will use any such third-party content at your own risk and you agree that Wasatch is not liable for any loss or damage that you may suffer by using third-party websites or any content, advertising, products, or other materials in connection therewith.
8.
Privacy, Personal Information, Unsolicited Communications, and Usage
Monitoring.
Privacy Policy. Please see our Privacy Policy for a summary of the non-public personal information that we may collect and maintain about current or former investors, our policy regarding the use of that information, and the measures we take to safeguard the information.
Personal Information Transmission. Your use of the Site may involve the transmission of information, including personally identifiable data, about you. You consent to the transmission of such information by electronic means through the Internet and represent that such consent shall be effective each time you use the Site.
Unsolicited communications. We welcome your feedback about the Site and may use it to improve the Site. Should you provide unsolicited ideas, or material of any kind (“Communications”) and We use it to develop or market products, services, content, tools or information, you agree that We can do so without compensating you. By providing us with such Communications, you represent to us that you own all rights to it.
Technically this means that you hereby grant Wasatch a perpetual, worldwide, royalty-free, irrevocable license to edit, reproduce, disclose, transmit, publish, broadcast, or post your Communications either on the Site or elsewhere with no liability or obligation to you. Wasatch is free to use any ideas, concepts, know-how, or techniques obtained in your unsolicited Communications for any purpose including, but not limited to, developing and marketing products. Unless We state otherwise on the Site or in our Privacy Policy, any Communications that you email or otherwise transmit through the Site can be treated by us as non-confidential and nonproprietary.
Usage monitoring. We reserve the right, but do not have the obligation, to access, archive, or monitor any use of the Site, or your use of the Site and your Communications. By using the Site, you accept our right to access, archive, or monitor usage to ensure service quality, or to evaluate the Site, the security of the Site, compliance with these Terms of Use, or for any other reason. You agree that our monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which We monitor your Site usage and enforce, or fail to enforce, these Terms of Use. You further agree that in no event will Wasatch be liable for any damages incurred by you as a result of our usage monitoring.
9. Termination. The rights granted to you herein
terminate immediately upon any violation by you of these Terms of Use. Wasatch,
in its sole discretion, reserves the right to temporarily or permanently
terminate your access to and use of the Site at any time and for any reason
whatsoever, without notice or liability. Wasatch will not be liable to you or
any third party for any termination of your access to or use of the Site.
10. Disclaimers. All information
and contents of the Site are furnished on an “as is” and “as available” basis.
Wasatch and its affiliates, subsidiaries, directors, officers, employees,
agents, licensors, and any third-party information providers and vendors
expressly disclaim, to the fullest extent of the law, any implied or express
warranty of any kind, including without limitation the implied warranties of title,
merchantability, fitness for a particular purpose, and non-infringement, and all warranties regarding
security, currency, correctness, quality, accuracy, completeness, reliability,
performance, timeliness, or continued availability, with respect to (i) the
Site; (ii) any materials, products, or services available on or through the
site; (iii) use of the Site, materials, products, or services; and (iv) the
results of the use of the Site, materials, products, or services.
Wasatch and its affiliates, subsidiaries, directors, officers, employees, agents, licensors, and any third-party information providers and vendors expressly disclaim all warranties with respect to any delays or errors in the transmission or delivery of any materials, products, or services available through the Site.
Except as provided by law, neither Wasatch nor its third-party information providers and vendors has any responsibility to maintain the materials, products, or services offered on the Site or to supply corrections, updates, or releases for the same.
If you live in a state that does not allow disclaimers of implied warranties, our disclaimer may not apply to you.
11. Limitation of
Liability. Wasatch
is not liable under any circumstances, including but not limited to negligence,
for any indirect, special or consequential damages that may result from the use
of, or the inability to use, the Site, even if we have been advised of the
possibility of such damages.
Wasatch is not liable for damages or injury, including but not limited to damages or injury caused by any performance or failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication, theft or destruction or unauthorized access to, alteration of, or use of information, whether resulting, in whole or in part, from breach of contract, tortious behavior, negligence, or otherwise. If you live in a state that does not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you.
In no event shall Wasatch’s total liability to you for damages, losses, and causes of action, whether arising in contract, tort (including, negligence), or otherwise, exceed the amount paid by you, if any, for accessing this web site.
You agree to indemnify, defend, and hold harmless Wasatch, its subsidiaries and affiliates, each of its and their officers, directors, employees, and agents, licensors, and vendors from and against all claims, demands, liabilities, damages, losses, or expenses, including attorney’s fees and costs, arising out of or related to your improper access to or use of this Site, or any violation by you of these Terms of Use.
12. Jurisdictional
Issues and Applicable Law. Unless otherwise specified, Wasatch operates and
controls the Site from our offices within the state of Utah, United States of
America. If you choose to access this site from other locations, you do so on
your own initiative, and you are responsible for compliance with any local
laws.
You shall comply with all laws, rules and regulations by any governmental authority or agency which govern or apply to the operation and use of the Site. Without limiting the foregoing, you agree to comply with such restrictions and not to export or re-export any of the Site to countries or persons prohibited under the export control laws of the United States. These Terms of Use inures to the benefit of Wasatch, its successors and assigns. You may not assign the Terms of Use. No waiver shall be effective unless in writing. All rights not expressly granted herein are reserved by Wasatch.
The laws of the State of Utah govern these terms, without reference to conflict of law principles. If you take legal action relating to these terms, you agree to jurisdiction only in the Court of the County of Salt Lake, State of Utah or the United States District Court of Utah, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.
13. Integration and
Severability. If
any of these terms of use is held to be unenforceable, the remaining provisions
shall continue in full force and effect. The preceding terms of use represent
the entire agreement between Wasatch and you regarding the subject matter
herein.
14. Headings. Headings are
inserted for convenience of reference only and do not constitute a part of the
terms of use.