Terms of Use

February 2020

These Terms of Use ("Terms") set forth important information regarding Invest5 by Gotham Funds. Please read the Terms carefully. These Terms should be read in conjunction with the Disclosures and Resources found on the Invest5.com website ("Website") home page. By accessing the Website, you hereby agree to be bound by these Terms, as well as the Invest5 Privacy Policy linked here. Do not access the Website if you do not agree to these Terms. We may amend these Terms at any time by posting the revised Terms on the Website. Please refer to the top of this page to determine when these Terms were last revised. Your continued use of the Website, after we have posted revised Terms signifies your acceptance of the revised Terms.

USE OF THE WEBSITE

The Website is only intended for individuals who are age 18 or older. Any access to or use of the Website by anyone under 18 is unauthorized and in violation of these Terms of Use. By accessing this Website, you represent and warrant that you are age 18 or older.

The Website is only intended for individuals located within the United States. Any access to or use of the Website by anyone located outside of the United States is unauthorized and in violation of these Terms of Use. By accessing this Website, you represent and warrant that you are located within the United States.

SERVICES

By using the Website you have access to our interactive platform and services. Our services allow you to open an account with Invest5 by Gotham Funds. Shareholder accounts invested directly through Invest5 by Gotham Funds are held at the transfer agent, BNY Mellon Investment Servicing. We are always working on new ways to improve our services. We reserve the right to modify or change our Website or any of the services we offer, temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Website or any of the services. You acknowledge and agree that we shall not be liable to you or any third party in the event that we exercise our right to modify, change or discontinue the Website or any of our Services.

EXTERNAL LINKS

The Website allows you to link to other third party websites that are not affiliated with Invest5 by Gotham Funds and we are not responsible for the security, privacy practices, or content of any of these other websites.

THE FUND

An investment in any of the Gotham Funds (the "Funds") is offered only by a current prospectus, which contains more complete information on the Funds, including information on their investment objectives, strategies, risks, advisory fees and other expenses. You should read the prospectus carefully before deciding to invest with Invest5 by Gotham Funds. The materials available on the Website, other than the prospectus described above, are not an offer or a solicitation of an offer to buy any securities of the Funds, nor shall securities 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.

CONTENT RIGHTS

The Website and all content accessible on the Website are owned by Gotham Asset Management, LLC the investment advisor to Gotham Funds, and/or its affiliates, their respective licensors and other content sources, and are protected by applicable copyright laws. Except for a limited, revocable license to access the Website and its content for personal, non-commercial use, no rights are granted to any user of the Website under these Terms of Use or otherwise.

RESTRICTIONS ON USE

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish or transmit any of the content on the Website, except for temporary random access and cached storage in computer memory incident with your personal use of the Website. You may not use the Website (i) in violation of any applicable law or regulation, (ii) to impersonate any other person, (iii) in any manner that could modify, disable, overburden, interfere with, disrupt, damage or impair the Website or interfere with any other person’s use of the Website, or that introduces any virus, worms, logic bombs, Trojan horses or other malicious or deleterious code or technology, (iv) to gain unauthorized access to any server or other computer or (v) via any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the contents of the Website.

SECURED WEBSITE

Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized persons attempting to access these areas of the website may be subject to legal action. Invest5 does not guarantee that the Website will operate error-free or that its servers, or the content are free of computer viruses or similar contamination or destructive features. If you choose to use the Website, or rely on the information presented on it, you do so solely at your own risk.

CHANGE, PAUSE, WITHDRAW FUNDS OR CLOSE YOUR ACCOUNT

You may change, pause, withdraw funds, and/or close your Invest5 by Gotham Funds account at any time by logging into your account and selecting "Update". To change the amount of your daily investment or the day of transfer and select a new amount or date and click "Update Contribution Amount". To make a one-time investment, enter the amount to be invested and select "One-Time Investment Amount". To pause, withdraw funds or close your account please follow the appropriate prompts in the "Update" section of the website. For further assistance with any of the above actions please feel free to email us at [email protected] or call us at 888-705-0545.

DISCLAIMER

To the fullest extent permissible under applicable law, all implied and express warranties of any kind relating to the Website, its contents or their accuracy, reliability or completeness are hereby disclaimed.