Welcome to Nvestly
Nvestly will, among other things, allow an open community of users to share trades and information about securities, markets, companies, securities portfolios and investing. Our mission is to empower people to become better investors. Below you will find our Terms of Service, but if have any questions you can email us directly at firstname.lastname@example.org. Weâ€™d love to hear from you!
Terms of Service
Date of Last Revision: February 20, 2017
Nvestly is a software platform wholly owned and operated by Growth Circle, Inc. The online services provided by Growth Circle, Inc. through Nvestly will, among other things, allow an open community of users to share trades and information about securities, markets, companies, securities portfolios and investing (the "Content Services") and provide tools that can help you manage your portfolio (the "Portfolio Dashboard"). We refer to these services collectively as the "Services." The Services are provided to you subject to these terms of service, as well as any other guidelines, rules and additional terms referenced herein, and all such guidelines, terms and rules are hereby incorporated herein by this reference (collectively, the "Terms of Service").
By accessing the Nvestly website located at https://www.nvestly.com and http://www.nvest.ly or any linked pages owned and operated by us ("Sites"), or using the Services you agree to be bound by these Terms of Service.
These Terms of Service set out the legally binding terms with respect to your use of, and our provision of, the Services. Please read these Terms of Service carefully. YOUR USE OF THE SITES OR SERVICES CONSTITUTES YOUR ACCEPTANCE OF ALL OF THE PROVISIONS OF THESE TERMS OF SERVICE. IF YOU ARE UNWILLING TO BE BOUND BY THESE TERMS OF SERVICE, DO NOT USE THE SITES OR ANY SERVICE.
By registering, using or accessing the Sites or using any of the Services, you agree that you are at least 18 years of age, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms of Service. If you do not qualify, do not use the Services. Registration for the Sites is void where prohibited by applicable law and the right to access the Sites is revoked in such jurisdictions. You must be 13 or older to use the Sites, in compliance with the Childrenâ€™s Online Privacy Protection Act (COPPA). By using the Sites or Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein.
Changes to the Agreement or the Sites and Services
You agree and understand that these Terms of Service and the Site and Services may be modified by us at any time without prior notice, and such modifications will be effective upon our posting of the new terms and/or upon implementation of the new changes in the Sites or Services. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the Sites or Services after any modifications indicates your acceptance of the modified Terms of Service. Unless we expressly state otherwise, any new features, new services, enhancements or modifications to the Sites or Services implemented after your initial access thereto shall be subject to these Terms of Service.
Registration and Security
In order to use and/or access certain Services, you may be required to register with the Sites and to select a password and user name which shall be associated with an email address you own and use ("User ID"). You may also be asked to answer some questions about yourself. You agree that the information you provide to us upon registration and at all other times, including any questionnaire you may submit to us in connection with your User Profile or Portfolio Dashboard shall be true, accurate, current and complete, and that you will promptly update such information with any changes. Failure to do so shall constitute a breach of these Terms of Service, which may result in the immediate termination of your account.
You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. We reserve the right to refuse registration of, or cancel, a User ID in our sole discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the Services shall be for your personal use only.
You agree to (a) immediately notify us of any unauthorized use of your User ID or password at email@example.com and (b) ensure that you log out of your account when you wish to deauthenticate from each session. If you violate any of these Terms of Service, we may, at our sole discretion, terminate your registration, remove or modify any content that you have contributed, or take any other action that we determine to be appropriate.
Account Information from Third Party Sites
In order to use and/or access your User Profile or Portfolio Dashboard, you may direct Nvestly to retrieve your own information maintained online by third-party financial institutions with which you have customer relationships, maintain accounts or engage in financial transactions ("Account Information"). We will then connect directly with your online financial service providers to access this Account Information. We make no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. We are not responsible for the products and services offered by or on third-party sites.
We cannot always foresee or anticipate technical or other difficulties, which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. We cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the User Profile or Portfolio Dashboard, Account Information may be stale as of the time viewed, which reflects the fact that time may have passed between the time the information is downloaded from the third party financial institution and the time such information is viewed by you. We will make our best efforts to maintain such information updated, but such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Portfolio Dashboard in the manner prescribed in the associated instructions.
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content through the Sites, you are licensing that content to us for the purpose of providing the User Profile and Portfolio Dashboard. By submitting this content to us, you represent that you are entitled to submit it to us for use for this purpose.
By using the Sites, you hereby grant us permission to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the "Portfolio Settings" feature of the Sites, you will be directly connected to the website or APIs for the third party you have identified. We will submit information including usernames and passwords that you provide to log you into the corresponding site. You hereby authorize and permit us to use and store information submitted by you (such as account passwords and user names) to accomplish the foregoing.
You grant Nvestly a limited power of attorney, and appoint Nvestly as your attorney-in-fact and agent, to access third party sites and retrieve and use your information with the full power and authority to do and perform each thing necessary as you could do in person, but solely in connection with providing the Account Information to you as part of the Services. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. Notwithstanding anything in this Terms of Service to the contrary, we shall have no authority hereunder to take or have possession of any assets in the accounts maintained by such third parties, to direct delivery of any securities or payment of any funds held in such account to itself, to direct any disposition of such securities or funds, or to use such securities or funds for financial transactions of any sort. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. While our services may be sponsored or endorsed by the third parties with whom your Account Information is held from time to time, you should not assume that the User Profile or Portfolio Dashboard are sponsored or endorsed by any third parties with whom your Account Information is held.
Use of the Site/Services by Members
Subject to the restrictions on use and posting set forth in these Terms of Service, you may use the Content Services to create, contribute, search, consume, and share information about investing, and encourage others to do the same; send content to people you know, whether or not they are existing users of the Content Services; invite people you know to join the Content Services; and download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available through the Content Services ("Content"), solely for your own personal, non-commercial use. Subject to the section captioned "Certain Third Party Content" below, you may not copy or distribute any portion of Nvestly for any purpose not authorized above without the express written permission of Nvestly.
We do not control the Content posted on Nvestly and do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Content Services you may be exposed to Third Party Content that is false, misleading, fraudulent, offensive, indecent and/or objectionable. Under no circumstances will we be liable in any way for any Third Party Content, including any errors or omissions in any Third Party Content, or any loss or damage of any kind incurred as a result of your use of any Third Party Content. You are responsible for complying with all laws applicable to the Content you post on Nvestly.
Nvestly is not an investment advisor, tax advisor or broker-dealer. Nvestly does not make any recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable or advisable for you or for any specific person, or that an investment in such securities will be profitable. No part of the Sites or Services should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by Nvestly or any third party. Any investment performance information presented as part of the Services is not indicative of future results, whether such investment performance information is historical or hypothetical in nature. Performance results for any particular investment or user will vary, potentially materially so, based on timing of investments and other factors.
You should not, and you agree you will not, construe, treat or rely on Content as (i) advice from Nvestly, its users or its affiliates as to the value of securities, the selection of an investment adviser or the advisability of investing in, purchasing or selling securities or (ii) analyses or reports from Nvestly or its affiliates concerning securities. We make no representations, warranties or guarantees whatsoever as to the accuracy, integrity or quality of Content posted by other users and under no circumstances will Nvestly be liable in any way for any Content posted by other users, including any errors or omissions in any such Content, or any loss or damage of any kind incurred as a result of your use of any such Content. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. You should not rely on any Content in any way when making investment decisions.
We may provide automatic alerts and voluntary account-related alerts from time to time. Automatic alerts may be sent to you following certain events of interest, such as updates made online to your Nvestly account (e.g., a change in your password) or events or movements in your portfolio. Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. We may add new alerts from time to time, or cease to provide certain alerts at any time in our sole discretion. Electronic alerts for a given account will be sent to the email address you have provided as your primary email address for that account. If your email address or your mobile deviceâ€™s email address changes, you are responsible for informing us of that change. Changes to your email address or mobile number will apply to all of your alerts. Because alerts are not encrypted, we will never include your password. However, alerts may include your User ID and some information about your accounts. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future voluntary alerts.
You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. We use reasonable best efforts to provide alerts in a timely manner with accurate information. However, except as otherwise provided herein, we neither guarantee the delivery nor the accuracy of the content of any alert. Furthermore, except as otherwise provided herein, you also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert. THESE TERMS OF SERVICE DO NOT WAIVE OR LIMIT YOUR RIGHTS UNDER ANY FEDERAL OR STATE SECURITIES LAW.
Member Account, Password and Security
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Nvestly of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Nvestly will not be liable for any loss or damage arising from your failure to comply with this Section.
User Conduct & Content
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "upload") or email or otherwise use via the Services. The following are examples of the kind of content or use that is illegal or prohibited by Nvestly. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Services, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Services to:
- email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) infringes contractual or fiduciary relationships; (iii) contains software viruses or any other computer code or technologies, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of anotherâ€™s privacy, hateful or otherwise objectionable; or (vii) in the sole judgment of Nvestly, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Nvestly or its users to any harm or liability of any type;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- engage in activities intended to manipulate the securities markets or the prices of individual securities, including spreading false rumors calculated to cause an increase or decrease in the price or trading volume of securities;
- engage in activities that require registration as a broker-dealer, investment adviser or other registered person unless you are registered and qualified to do so;
- offer securities owned or issued by you if such offering would violate applicable federal or state securities laws;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
WARNING: A VIOLATION OF THE FOREGOING GUIDELINES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.
Interstate and International Nature of Communications
You acknowledge that in contributing Content or using the Services to send electronic communications, you will be causing communications to be sent through our computer networks, portions of which are located in various states and localities in the United States and portions of which may be located abroad. As a result, and also as a result of Nvestlyâ€™s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that the contribution of Content and use of the Services results in interstate data transmissions.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Copyright Infringement Policy
It is our policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or users; and (ii) remove and discontinue service to repeat offenders.
Nvestly respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Nvestlyâ€™s Copyright Agent at firstname.lastname@example.org (Subject line: "DMCA Takedown Request"). You may also contact us by mail at:
Growth Circle, Inc.
6630 Sunset Blvd
Los Angeles, CA 90028
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property ownerâ€™s behalf.
Repeat Infringer Policy
In accordance with the DMCA and other applicable law, Nvestly has adopted a policy of terminating, in appropriate circumstances and at Nvestlyâ€™s sole discretion, users who are deemed to be repeat infringers. We may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Our Proprietary Rights
The Sites (including, but not limited to, text, photographs, graphics, video and audio Content) are protected by copyright as collective works or compilations under the copyright laws of the United States and other countries. All individual articles, Content and other elements comprising the Sites, User Profile and Portfolio Dashboard are also copyrighted works. Except for the Content submitted by members or users, the Sites, User Profile and Portfolio Dashboard and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, are owned by Nvestly or its licensors. You acknowledge that the Sites, User Profile and Portfolio Dashboard and any underlying technology or software used in connection with the Sites, User Profile or Portfolio Dashboard contain our proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the Sites, User Profile or the Portfolio Dashboard, in whole or in part, except as expressly provided in our policies and procedures made available via the Sites, User Profile and Portfolio Dashboard. Except as expressly and unambiguously provided herein, neither we nor our suppliers grant you any express or implied rights, and all rights in the Sites, User Profile and Portfolio Dashboard not expressly granted by us to you are retained by us.
Trade names, trademarks and service marks of Nvestly include, without limitation Nvestlyâ„¢ and Ticker Monsterâ„¢ and all associated logos. All trademarks and services marks on the Sites or Portfolio Dashboard that are not owned by us are the property of their respective owners. Nothing contained on the Site or the Portfolio Dashboard should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Disclaimers and limitations of liability
WE DO NOT AND CANNOT GUARANTEE THE FUTURE PERFORMANCE OF YOUR PORTFOLIO. IF YOU CHOOSE TO INVEST BASED ON INFORMATION PROVIDED BY OTHER USERS ON THE SITES, YOU ACKNOWLEDGE THAT YOU ARE ABLE TO BEAR THE RISKS OF INVESTING AS SUCH AND THAT NVESTLY SHALL NOT BE LIABLE, DIRECTLY OR INDIRECTLY, TO YOU OR ANY OTHER ENTITY FOR LOSSES RESULTING FROM THE ACTIONS OR RECOMMENDATIONS OF ANY THIRD-PARTY ADVISORS OR YOUR INVESTMENT IN THE RECOMMENDED SECURITIES.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, NOTHING IN THESE TERMS OF SERVICE SHALL BE INTERPRETED TO WAIVE OR LIMIT YOUR RIGHTS UNDER ANY FEDERAL OR STATE SECURITIES LAW.
PERFORMANCE GRAPHS AND OTHER HISTORICAL INFORMATION ARE NOT A GUARANTEE OF FUTURE PERFORMANCE, AND THE FUTURE PERFORMANCE OF A THIRD-PARTY ADVISOR OR RECOMMENDED SECURITY MAY DIFFER MATERIALLY FROM ITS PAST PERFORMANCE.
ANY SERVICES RELATING TO TAX PLANNING ARE NOT INTENDED TO BE THE PRIMARY OR SOLE BASIS FOR YOUR TAX-PLANNING DECISIONS. YOUR CIRCUMSTANCES ARE UNIQUE; THEREFORE YOU SHOULD CONSULT A TAX ADVISOR FOR PERSONAL ADVICE. WE DO NOT PROVIDE TAX ADVICE.
These Terms of Service, as amended from time to time, will remain in full force and effect while you use the Services or use any Content that you have obtained from Nvestly. We may terminate these Terms of Service for any reason, at any time. Any provisions in these Terms of Service that by their nature or as specified hereunder are intended to continue beyond termination or expiration of these Terms of Service, including, without limitation and for the avoidance of doubt, the sections captioned "Our Proprietary Rights," "Privacy," "Recommendations," "Term," "Disclaimer," "Limitation on Liability," "Indemnity," "Certain Third Party Content" and "Miscellaneous," shall survive any termination or expiration of these Terms of Service.
THE SITES AND SERVICES ARE PROVIDED BY US ON AN "AS IS" BASIS. WE AND OUR LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE SITES AND SERVICES OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON, OR IN ASSOCIATION WITH, THE SITES AND SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE AND OUR LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE SITES OR DISPLAYED THROUGH THE SERVICES.
WE AND OUR LICENSORS AND AFFILIATES MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR- FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE SITES OR SERVICES. WE DO NOT WARRANT OR COVENANT THAT THE SITES AND SERVICES WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES AND SERVICES ARE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES OR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THROUGH OR FROM THE SITES OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
NEITHER WE NOR THE SITES OR SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX, OR, EXCEPT AS WE MAY OTHERWISE NOTIFY YOU IN CONNECTION WITH THE RECOMMENDATIONS, FINANCIAL ADVICE. WE ARE NOT A REGISTERED INVESTMENT ADVISOR, BROKER-DEALER OR TAX ADVISOR. Unless we specify otherwise, any information provided on the Sites to you is does not constitute an investment recommendation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
Limitation on Liability
NEITHER WE NOR OUR AFFILIATES SHALL BE LIABLE FOR DAMAGES ARISING FROM THE PROVISION OR USE OF THE SITES OR SERVICES, EXCEPT FOR DAMAGES RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS OF SERVICE SHALL CONSTITUTE A WAIVER OR LIMITATION OF YOUR RIGHTS UNDER ANY FEDERAL OR STATE SECURITIES LAWS.
WE SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM OUR OBLIGATIONS HEREUNDER WHERE SUCH FAILURE RESULTS FROM ANY CAUSE BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION (INCLUDING "LINE- NOISE" INTERFERENCE). WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR OUR SUPPLIERS WILL BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
WE SHALL NOT, DIRECTLY OR INDIRECTLY, BE LIABLE, IN ANY WAY, TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY: (A) INACCURACIES OR ERRORS IN OR OMISSIONS FROM THE CONTENT OR SERVICES INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OR ANALYSIS POSTED BY ANY OTHER USER, PRICES OF SECURITIES AND FINANCIAL DATA; (B) DELAYS, ERRORS, OR INTERRUPTIONS IN THE TRANSMISSION OR DELIVERY OF THE CONTENT OR SERVICES; OR (C) LOSS OR DAMAGE ARISING FROM YOUR USE OF THE CONTENT OR SERVICES THEREON OR BY ANY REASON OF NONPERFORMANCE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NVESTLY AND ANY OF ITS AFFILIATES MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO FEES, IF ANY, RECEIVED BY SUCH PERSON IN RESPECT OF YOUR ACCOUNT IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You agree to indemnify and hold Nvestly and any and all of its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneysâ€™ fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Sites, (ii) your use of the Services, (iii) your submission of Contributed Content, (iv) the violation of these Terms of Service by you, (v) your violation of law in your use of the Services or in your dealings with other users of the Services, or (vi) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
Removing Your Account from the Services
This Agreement will continue to apply until terminated by either you or us as set out below. If you want to remove a brokerage account that you have added to the User Profile and Portfolio Dashboard, you may delete the account you wish to remove by editing your account settings. If you want to terminate your legal agreement with us, you may do so by closing your account for the Services.
To close and delete any account with us, please follow the appropriate steps on our Sites or email us at email@example.com. If you are using our services through an account maintained by a Partner Site, please consult the terms of service for the partner site for removal instructions.
If there is any dispute about or involving the Sites or Services, you agree that the dispute will be governed by the laws of the State of California, without regard to its conflict of law provisions.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Service be instituted more than one (1) year after the cause of action arose.
No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind us in any respect whatsoever. We may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Sites or Partner Sites. These Terms of Service and all terms, guidelines and rules referenced herein contain the entire agreement between you and us regarding the use of the Sites and Services. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
We are not an investment advisor, tax advisor or broker-dealer. These Terms of Service are not assignable, transferable or sublicensable by you except with our prior written consent. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Contact and Violations
If you have questions regarding these Terms of Service or to report any violations of these Terms of Service, please contact us at firstname.lastname@example.org.