The information provided on this website or in any communication containing a link to this website 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 Wilshire Phoenix Capital Management, LLC, a Delaware company (“Wilshire”, “we”, “our” and/or “us”) to any registration requirement within such jurisdiction or country. Neither the information, nor any opinion contained in this website constitutes a solicitation or offer by Wilshire to buy or sell any securities, futures, options or other financial instruments or provide any investment advice or service.

Welcome to the Wilshire website (“Site”). This is an informational Site offered by us. By accessing the Site, and using any features we may offer in the future from time to time, you are agreeing to be bound by these terms and conditions (“Terms”). Please read these Terms carefully and make sure you understand them.

By agreeing to these Terms and accessing the Site, you also agree to be bound by all related technical specifications, security procedures, rules of access, and any other terms and conditions set forth by us from time to time as posted in these Terms or through a link on the Site, or through other means that we publish to you through the Site. You also agree to be bound by the terms of our Privacy Policy, which is published on the Site. In using the Site, we grant you a limited, non-transferable, and terminable at will by us, license to view and access the materials that we post to the Site.

I. Our Proprietary Materials:

A. We own all of the intellectual property connected with the Site (including the software, except for any open-source software). This includes, but is not limited to all copyrights, trademarks, patents, derivative works, moral rights, trade secrets, and proprietary information in all content that appears on the Site, and in all software that we develop in connection with the Site and any features or services that we may offer in the future. You agree not to copy, alter, reverse engineer, distribute, publish, sell, prepare derivative works based on, or commercially exploit the software, any future services and/or any content.

B. Except as expressly permitted in writing by us, you may not alter, copy, distribute (for compensation or otherwise), display, reproduce, publish, license, hyperlink to, promote, download, cache, create derivative works from, transfer, or sell any information or content displayed on or obtained from the Site, including any text, logo, graphic, sound, image, photograph, software or software code published on or underlying the Site, in any manner.

C. All Site content and functionality, and all Software underlying the Services, may be changed or updated by us from time to time, without notice.

II. Information Provided on the Site:

A. Any indicators, strategies, reports, articles and other features that we mention on our Site are provided for informational and educational purposes only and should not be construed as personalized investment advice. The information contained on the Site may contain errors and you should not make any investment decision based solely on what you read may here. It’s your money and your responsibility.

B. The materials appearing on our Site could include technical, typographical, or photographic errors. Wilshire does not guarantee or warrant that any of the materials on this Site are accurate, complete, or current. We may make changes to the materials contained on our Site at any time without notice. We do not, however, make any commitment to update the materials.

III. Your Agreements:

By using the Site, in addition to your other agreements contained elsewhere in these Terms, you represent and agree as follows:

  • You are at least 18 years old;
  • Your use of the Site will not violate any applicable laws or regulations;
  • You will not use the Site in such a way so as to interfere with or disrupt the Site or our servers, systems or networks connected to the Site in any way;
  • You will not introduce viruses or any other computer code, files, programs or content designed to interrupt, destroy or limit the functionality of the Site or affect other users;
  • You will not attempt to decompile or reverse engineer any software contained on the Site; and
  • You will not use the Site for your commercial purposes or sell, transfer or transmit any content or materials that we make available to you on or through the Site to any third parties for commercial purposes.

Your breach of any of your agreements set forth in this section or elsewhere in these Terms shall operate to terminate any and all licenses to use our Site and the material posted on it, and we may terminate without further notice your ability to use our Site. Termination will not affect your responsibility to indemnify us as provided below.

IV. Third Party Websites:

The Site may provide links to other websites (each, a “Linked Site”) as a convenience to you. Examples of these may include news articles, tips, blogs, and the like. These links do not mean that we review or endorse these Linked Sites or any services offered through them. Such Linked Sites are not maintained by us and we do not monitor or accept any responsibility for them. We will not be responsible for the content, services, policies or activities of those Linked Sites. Any dealings that you have with advertisers or other third-parties who may be found on any Linked Site are between you and the third party, and you acknowledge that we are not liable for any loss or claim you may have against any such third party. You further understand and acknowledge that you are subject to the terms and the privacy policy of any such Linked Site.

V. Linking From Other Websites:

Any third party website that you give permission to appear on your browser may use a hyperlink to this Site from its website. We are not responsible for the information or materials contained on websites linking to this Site. Links to this Site are provided for convenience of reference only and are not intended as an endorsement by Wilshire or a warranty of any type regarding the host website or the information on the host website.

VI. Warranty and Legal Disclaimers:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WILSHIRE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WILSHIRE MAKES NO WARRANTY THAT (i) THE SITE IS UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (ii) THE USE OF THE SITE WILL BE RELIABLE; AND (iii) ANY ERRORS IN THE SITE ARE OR WILL BE CORRECTED.

VII. Limitation of Liability:

IN NO EVENT SHALL WILSHIRE, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, AND ADVISORS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITE (COLLECTIVELY “WILSHIRE AND ITS AFFILIATES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES OR LOSS OF PRODUCTS, USE OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF ANY OF THE SITE OR ANY LINKED SITE (AS DEFINED IN THESE TERMS), OR INABILITY TO USE THE SITE OR ANY FUTURE SERVICES. YOU UNDERSTAND AND AGREE THAT WILSHIRE WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT WILSHIRE WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SITE, EVEN IF THERE IS NEGLIGENCE BY WILSHIRE, OR YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.

VIII. Miscellaneous:

A. Governing Law – These Terms are governed by the laws of the state of New York, USA, without regard to its choice of law or conflicts of law provisions, and any controlling United States federal law. If any provision is found by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. Any claim or dispute that has arisen or may arise between you and Wilshire will be brought exclusively in a state or federal court located in New York City, New York, USA.

B. Indemnification – You agree to indemnify and hold Wilshire harmless from and against any and all loss, liability, claims, causes, actions, damages or penalties, including reasonable attorneys’ fees, made by any third party due to or arising out of: (1) your use of the Site in breach or violation of any term of these Terms; (2) your violation of any law or regulation; or (3) breach of your representations, warranties and agreements as set forth above.

C. International Use – The Site is controlled and operated from within the United States. We make no representation that the Site is appropriate or available in locations outside the United States. Anyone choosing to access the Site from other locations is responsible for compliance with applicable laws of their home jurisdiction. International visitors must comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence.

D. Assignment – We may assign any of our rights or obligations under these Terms to another party without notice or consent for any reason. These Terms are binding upon the parties’ respective successors and assigns.

E. Contact Wilshire – If you have any questions about the Site or these Terms, you may contact us via e-mail at info@www.wilshirephoenix.com. We are always glad to hear your questions and comments.

F. Entire Agreement – These Terms and the Privacy Policy, and any other terms and conditions set forth by us from time to time as posted on the Site or through other means that we publish to you, constitute the entire agreement between us and you in connection with your use of the Site, and supersedes any prior agreements between us and you regarding such matters, including prior versions of these Terms. We may update these Terms from time to time by posting revised versions of them on the Site, without notice to you except that the effective date at the end of these Terms will change and your subsequent use of the Site will be governed by the new Terms, and will constitute your acceptance of the changed Terms.

H. Special Legal Notices:

(1) Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code – We respond to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act (“DMCA”), as it may be amended from time to time. We accommodate and do not interfere with standard technical measures used by copyright owners to identify and protect copyrighted works, including but not limited to, digital watermarking. Upon receiving proper notification of an alleged infringement by a Site user, we will expeditiously take down or block access to the copyrighted material.

(2) Authorization to Contact You – We may contact you at the telephone numbers or email addresses that we have in our records for any reason, including:

• For reasons relating to your use of our Site or as authorized by applicable law.

• To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you consent to in the future.

These Terms were last updated on June 18, 2018.