Terms of Use

Last updated: May 6, 2026

Please read these Terms of Use carefully before using this Website. These Terms form a binding agreement between you and Magnifina, LLC. By accessing or using the Website, you agree to these Terms. If you do not agree, do not use the Website.

Important — Section 14 contains a binding arbitration agreement and a class action waiver that affect your legal rights. You may opt out of arbitration within 30 days of first accepting these Terms, as described in Section 14.

1. Interpretation and Definitions

1.1 Interpretation

Capitalized terms have the meanings set out below. Definitions apply equally to singular and plural forms.

1.2 Definitions

Affiliate means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.

Company (also “we,” “us,” or “our”) means Magnifina, LLC, a Registered Investment Adviser with offices in New York State.

Content means all text, graphics, logos, images, audio, video, data, software, articles, commentary, research, and other materials made available through the Website.

Device means any device that can access the Website, including a computer, mobile phone, or tablet.

State means the State of New York, United States.

Terms means these Terms of Use.

Website means Magnifina’s website, accessible at https://magnifina.com, and any subdomains.

You means the individual accessing or using the Website, or the entity on whose behalf such individual is acting.

2. Acknowledgement

These Terms govern your use of the Website. Your access is conditioned on your acceptance of and compliance with these Terms and our Privacy Policy, which is incorporated by reference.

You represent that you are at least 18 years old. The Website is not directed to children under 18, and we do not knowingly permit users under 18 to use the Website.

3. Nature of the Website; No Advice, No Offer

The Website is provided for general informational and educational purposes only.

3.1 Not investment, tax, or legal advice. Nothing on the Website constitutes investment, tax, accounting, or legal advice, a recommendation, or a solicitation. No fiduciary, advisory, or professional relationship is created between you and the Company by reason of your use of the Website.

3.2 Not an offer. The Website is not an offer to sell, or a solicitation of an offer to buy, any security, advisory service, or other product. Any offer or solicitation will be made only through documents that comply with applicable securities laws.

3.3 Advisory services governed separately. Investment advisory services offered by the Company are governed exclusively by a separately executed investment management agreement and disclosures (including Form ADV and Form CRS). These Terms do not alter, expand, or limit the rights and obligations under any such agreement, and in any conflict between these Terms and an executed advisory agreement, the advisory agreement controls with respect to advisory services.

3.4 Past performance. Past performance is not indicative of future results. No historical or future performance claims are made through the Website.

3.5 Additional disclosures. Additional disclosures and disclaimers presented on the Website, including those at https://magnifina.com/legal/disclaimers/, are incorporated into these Terms by reference.

4. Intellectual Property

4.1 Ownership. The Website and all Content are owned by the Company or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. All rights are reserved.

4.2 Trademarks. “Magnifina” and the Magnifina logo are trademarks of Magnifina, LLC. You may not use them without our prior written consent.

4.3 Limited license. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Website and Content for your personal, non-commercial use.

4.4 Restrictions. Except as expressly permitted in these Terms, you may not copy, reproduce, modify, distribute, publish, transmit, display, perform, sell, license, or create derivative works from the Content. You may share links to publicly accessible pages on the Website.

4.5 Referrals and citations encouraged. Notwithstanding Section 4.4, brief quotations and summaries of Content are permitted for the purpose of citation, commentary, news reporting, criticism, or directing readers or users (including users of generative AI systems) back to the original source on the Website, provided that (a) the use is accompanied by clear attribution to Magnifina, LLC and a link or citation to the source page, and (b) the use does not reproduce the Content in substantial part or substitute for accessing the original.

4.6 Reservation against text and data mining and AI training. The Company expressly reserves all rights, including under Article 4 of EU Directive 2019/790 and analogous provisions of other jurisdictions, with respect to text and data mining of the Content. No license is granted, express or implied, to use the Content to train, fine-tune, evaluate, or otherwise develop machine learning models, generative artificial intelligence systems, or large language models, or to create datasets for any of the foregoing purposes. The narrow permission in Section 4.5 for citation, summarization, and traffic referral does not authorize bulk ingestion, training-corpus creation, or any commercial use beyond the stated purposes.

5. Acceptable Use

You agree not to:

• use the Website in violation of any applicable law or regulation;
• attempt to gain unauthorized access to any part of the Website, accounts, systems, or networks connected to the Website;
• probe, scan, or test the vulnerability of the Website, or breach or circumvent any security or authentication measures;
• introduce viruses, malware, or other harmful code;
• reverse engineer, decompile, or disassemble any portion of the Website;
• interfere with or disrupt the Website or impose an unreasonable load on our infrastructure;
• harvest, scrape, or collect personal information of any user, employee, or representative of the Company;
• impersonate any person or entity, or misrepresent your affiliation;
• use the Website to harass, threaten, or defame any person; or
• use the Website for any commercial purpose not expressly authorized in writing by the Company.

6. Use of Bots and Automated Scripts

6.1 Bot Identification Requirements

All automated agents, robots, spiders, scrapers, or other automated means accessing the Website must:

• properly identify themselves with a unique, descriptive User-Agent string that clearly indicates their automated nature;
• not use User-Agent strings that impersonate human-oriented web browsers (such as Chrome, Firefox, Safari, or Edge);
• include valid contact information in the User-Agent string or HTTP headers;
• respect all directives specified in our robots.txt file;
• maintain reasonable crawl rates that do not burden our servers or infrastructure; and
• honor any crawl-delay directives specified for their User-Agent.

6.2 Permitted Automated Access

The following automated access is permitted without prior written consent:

• publicly available search engines that (i) properly identify themselves via a unique User-Agent string, (ii) create publicly available, searchable indices of content, (iii) respect robots.txt, noindex, and nofollow directives, and (iv) do not create permanent archives of content no longer available on the Website;
• assistive technologies and accessibility tools that serve users with disabilities; and
• other automated access that serves a legitimate purpose and complies with all identification and technical requirements in these Terms.

6.3 Prohibited Automated Activities

The following are prohibited without express written permission:

• automated access using a falsified, obscured, or misrepresented User-Agent string;
• circumventing or attempting to circumvent rate limits, access controls, or technical measures;
• automated access that substantially burdens our infrastructure or degrades service quality for other users;
• systematic downloading or copying of Content for competitive purposes;
• harvesting or attempting to harvest user data, email addresses, or personal information; and
• any automated access that violates applicable law.

6.4 Technical Measures

We may implement technical measures to enforce these Terms, including IP-based access controls, rate limiting, User-Agent verification, behavioral analysis, CAPTCHA, and similar systems.

6.5 Liability for Unauthorized Automated Access

Unauthorized automated access is a breach of these Terms and may result in immediate termination of access; liability for damages, including server resource and infrastructure costs, bandwidth and mitigation costs, service disruption and lost revenue, costs of additional security measures, and attorneys’ fees and legal costs where permitted by law; and legal action to the fullest extent permitted by law.

Any unauthorized automated access originating from outside the United States constitutes consent to the exclusive jurisdiction of the state and federal courts located in New York County, New York, and waiver of any objection to that venue.

6.6 Requests for Permission

To use automated means in a manner not expressly permitted, you must request permission in writing. Permission may be granted or denied in our sole discretion and may be conditioned on additional terms or fees.

6.7 Statutory Notice

The access restrictions and authorization scope set forth in these Terms (including this Section 6 and Section 5) define the limits of authorized access to the Website for purposes of applicable law, including the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030; the anti-circumvention provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 1201; the New York computer trespass statutes, N.Y. Penal Law §§ 156.05–156.10; and analogous state and federal laws. Access or use of the Website that exceeds the authorization granted in these Terms is unauthorized and may give rise to civil and criminal liability under those laws. Damages recoverable under Section 6.5 are in addition to, and not in lieu of, any statutory remedies.

6.8 Pretextual or Bad-Faith Automated Access

Automated access to the Website for the purpose of identifying or compiling allegations of intellectual property infringement, manufacturing demand letters, or supporting litigation or pre-litigation claims against the Company is permitted only if the accessing party (a) complies with all requirements of Sections 6.1 through 6.3, (b) identifies itself and its principal in the User-Agent string and HTTP headers, and (c) provides the Company with reasonable advance written notice of any claim, including the URLs accessed, the dates of access, the materials at issue, and the identity of the claimant and the rights holder being represented. Automated access undertaken without compliance with this Section is unauthorized within the meaning of Section 6, including for purposes of Section 6.7.

7. User Submissions

The Website may allow you to submit information through forms, including newsletter signups, contact messages, and surveys (“Submissions”). You represent that your Submissions are accurate, lawful, and do not infringe any third-party rights. You grant the Company a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, store, and process Submissions for the purpose of operating and improving the Website and our services and responding to you. We do not publicly display Submissions on the Website. Treatment of personal information in Submissions is governed by our Privacy Policy.

8. Links to Other Websites

The Website may contain links to third-party websites or services that we do not own or control. We are not responsible for the content, privacy policies, or practices of any third-party site. Links are provided as a courtesy, and we make no representation as to the completeness or accuracy of information on any linked site. When you follow a link to a third-party site, you do so at your own risk.

9. Termination

We may terminate or suspend your access to the Website at any time, without notice or liability, for any reason, including breach of these Terms. Sections that by their nature should survive termination (including Sections 3, 4, 5, 6.5, 6.7, 6.8, 7, 10, 11, 12, 13, 14, 15, 16, and 18) will survive.

10. Disclaimers

THE WEBSITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY: (I) AS TO THE OPERATION OR AVAILABILITY OF THE WEBSITE; (II) THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY CONTENT; OR (IV) THAT THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of certain warranties, so some or all of the above exclusions may not apply to you. In such cases, the exclusions apply to the greatest extent permitted by law.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

THE COMPANY’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR ACCESS TO THE WEBSITE IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).

This Section 11 does not apply to liability arising under a separately executed investment advisory agreement, which is governed by that agreement and applicable law. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the above limitations may not apply to you.

12. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its Affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Website, (b) your breach of these Terms, or (c) your violation of any law or third-party right. We may assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense.

13. Governing Law

These Terms and any dispute arising out of or relating to them or to your use of the Website are governed by the laws of the State of New York, without regard to conflict-of-laws principles. Your use of the Website may also be subject to other local, state, national, or international laws.

14. Dispute Resolution; Arbitration; Class Action Waiver

Please read this Section carefully. It affects your legal rights.

14.1 Informal Resolution

Before filing any claim, you agree to attempt to resolve the dispute informally by sending written notice to the Company at the address in Section 17, describing the dispute and proposed resolution. The parties will attempt in good faith to resolve the dispute for 60 days after notice.

14.2 Binding Arbitration

If the dispute is not resolved within 60 days, any claim arising out of or relating to these Terms or your use of the Website (“Covered Claim”) will be resolved by final and binding arbitration, administered by JAMS under its Streamlined Arbitration Rules and Procedures, by a single arbitrator. The seat of arbitration is New York County, New York. The arbitrator’s award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

14.3 Carve-Outs

Covered Claims do not include, and the following are not subject to arbitration:

• claims that may be brought in small-claims court within its jurisdictional limits;
• actions seeking temporary or preliminary injunctive or equitable relief to protect intellectual property or confidential information;
• any dispute arising under a separately executed investment advisory agreement, which is governed by the dispute resolution provisions of that agreement and applicable securities laws;
• any claim governed by Section 18 (Intellectual Property Claims Against the Company); and
• any claim that, under applicable law, cannot be subject to mandatory pre-dispute arbitration, including non-waivable claims under the federal securities laws.

14.4 Class Action Waiver

You and the Company agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.The arbitrator may not consolidate more than one person’s claims and may not preside over any class or representative proceeding. If this class action waiver is found unenforceable as to any claim, that claim must be brought in court under Section 14.7, and the remainder of this Section 14 will continue to apply to all other claims.

14.5 30-Day Opt-Out

You may opt out of this arbitration agreement and class action waiver by sending written notice by mail to the address in Section 17 within 30 days of the date you first accepted these Terms. The notice must include your name, address, and a clear statement that you are opting out of the arbitration agreement. Opting out will not affect any other provision of these Terms.

14.6 Costs of Arbitration

The Company will pay arbitration filing and administrative fees to the extent required by JAMS’ applicable consumer rules. Each party will otherwise bear its own attorneys’ fees and costs, except as the arbitrator may award under applicable law.

14.7 Court Proceedings; Exclusive Venue

For any claim not subject to arbitration under Sections 14.3 or 14.4, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York, and waive any objection based on inconvenient forum.

14.8 Time Limit

Any claim arising out of or relating to these Terms or your use of the Website must be filed within one (1) year after the claim accrues, or it is permanently barred, except where applicable law prohibits a shorter limitations period.

15. United States Legal Compliance

You represent that (a) you are not located in a country subject to a U.S. government embargo or designated as a “terrorist supporting” country, and (b) you are not listed on any U.S. government list of prohibited or restricted parties.

16. General

16.1 Severability

If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

16.2 Waiver

Failure to enforce any right or provision is not a waiver of that right or provision. Any waiver must be in writing.

16.3 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

16.4 Force Majeure

We will not be liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet or utility outages, or governmental action.

16.5 Entire Agreement

These Terms, together with the Privacy Policy and any disclosures incorporated by reference, are the entire agreement between you and the Company regarding the Website and supersede all prior agreements regarding the Website. They do not supersede any separately executed investment advisory agreement, which governs the advisory relationship.

16.6 Changes to These Terms

We may modify these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice before the new terms take effect. Material changes will be determined in our sole discretion. By continuing to use the Website after revisions become effective, you agree to be bound by the revised Terms. If you do not agree, please stop using the Website.

17. Contact Us

If you have any questions about these Terms, or to send any notice required under these Terms (including an opt-out under Section 14.5 or a notice under Section 18), please contact us by mail:

1. Attn: Legal, Magnifina, LLC, 21 West 46th Street, 16th Floor, New York, NY 10036
2. Attn: Legal, Magnifina, LLC, 2 Depot Plaza, Suite 103, Bedford Hills, NY 10507

18. Intellectual Property Claims Against the Company

Any party asserting a claim of intellectual property infringement against the Company based in whole or in part on Content appearing on the Website agrees, as a condition of accessing the Website to investigate or substantiate such claim:

(a) to provide the Company with at least 30 days’ written notice before initiating any demand for payment, cease-and-desist letter, or legal proceeding, identifying with specificity the allegedly infringing material, the asserted rights, the chain of title to those rights, and the proposed resolution;

(b) to permit the Company a reasonable opportunity to investigate, respond, remove or replace the material, or obtain a license, during the notice period;

(c) that the exclusive jurisdiction and venue for any such claim, to the extent permitted by law, is the state and federal courts located in New York County, New York; and

(d) that if the claim is withdrawn, dismissed, or resolved without payment by the Company, the claimant shall reimburse the Company’s reasonable attorneys’ fees and costs incurred in responding to the claim, to the maximum extent permitted by applicable law and in addition to any fees or costs available under 17 U.S.C. § 505.

Investment advice offered through Magnifina, LLC, a Registered Investment Adviser. SEC# 801-117932. This Website and information are provided for guidance and information purposes only and are not intended to provide investment, tax, or legal advice. Please consult a qualified professional before making decisions about your financial situation.