BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICE, USER EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF USER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED, COMPANY WILL PROMPTLY CANCEL THIS TRANSACTION AND USER MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE SERVICE.
a. Description. Subject to the terms and limitations set forth in this Agreement, Company agrees to provide User with a personal, non-transferable and non-exclusive account enabling User to access and use the Services.
b. Ownership of Service. The Services are proprietary to Company and its affiliates and is protected by intellectual property laws and international intellectual property treaties. User’s access to the Services is licensed and not sold. All worldwide ownership of and rights, title and interest in and to the Services, including without limitation, all copyrights, patent rights, trademark rights, trade secret rights, inventions and other proprietary rights therein and thereto, are and shall remain exclusively in Company and its affiliates.
c. Accessibility. User agrees that, from time to time, the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Company may undertake; or (iii) causes beyond the control of Company or which are not reasonably foreseeable by Company. User assumes the entire risk that one or more Services become inaccessible or inoperable and Company shall not be liable to User in any way if the Services become inaccessible or inoperable for any reason.
d. Equipment. User shall be solely responsible for providing, maintaining and ensuring compatibility with the Services, all hardware, software, electrical and other physical requirements for User’s use of the Services, including, without limitation, telecommunications and internet access connections and links, web browsers or other equipment, programs and services required to access and use the Services.
a. Security. User shall be solely responsible for the security, confidentiality and integrity of all messages and the content that User receives, transmits through or stores on the Services. User shall be solely responsible for any authorized or unauthorized access to User’s account by any person. User agrees to bear all responsibility for the confidentiality of User’s password and all use or charges incurred from use of the Services with User’s password.
b. Privacy. When reasonably practicable, Company will attempt to respect User’s privacy. Company has provided safeguards for the protection and storage of the personal information provided by User. Credit card information is encrypted, and access to User information is limited exclusively to people required to process that information. Company will not monitor, edit, or disclose any personal information about User or User’s account, including its contents or User’s use of the Services, without User’s prior consent unless Company has a good faith belief that such action is necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) protect and defend the rights or property of Company; (iii) enforce this Agreement; (iv) protect the interests of users of the Services other than User or any other person; or (v) operate or conduct maintenance and repair of Company’s services or equipment, including the Services as authorized by law. User has no expectation of privacy with respect to the Internet generally. User’s IP address is transmitted and recorded with each message User sends from the Services. Company does provide certain information in aggregate form collected from and relating to User to third persons such as advertisers and sponsors.
c. Non-Transferability. If User registers as a Member (as described on the Website), such User’s account is non-transferable and any rights to User’s account shall automatically terminate upon User’s death or incapacity or involuntary transfer under law.
d. Limitations on Services Available. User acknowledges that User will only have access to a limited number of Services offered on the Website unless User upgrades for a fee and becomes a Member. A description of the Services available to Member and the related fees may be accessed on the link http://www.eportfoliomanager.com/features/ .
e. Limitation on Service Results. User acknowledges that the results of the Services shall depend on User accurately inputting the required information and understanding the limitations on the data available under the Services. The Website contains information regarding the scope and proper use of the Services. User shall be responsible for reviewing the information and instructions provided on the Website and understanding the scope and correct use of the Services.
f. Disclaimer Regarding Content and Services. Although every effort has been made to present accurate and complete information, it should be recognized that information provided on the Website or through use of the Services may from time to time be incomplete or out of date. This is especially true of the contents of any reports or financial information which may change after the release date. Certain Services allows users to analyze securities of their choosing and create stock portfolio allocations according to general principles of risk assessment and asset allocation. These Services are made available to users to allow them to assess their stock portfolio based on general principles and approaches and do not produce results that are personalized to the individual investment needs of any particular user. None of the Services are intended to provide, or should be viewed as (i) providing investment advice that the purchase or sale of a particular security or securities is appropriate or suitable for the user or a recommendation to buy, sell or hold any security, or (ii) an offer to sell or to buy any security. Other Services make certain tax calculations and allow users to populate certain tax forms with data provided by the user. These Services are made available to users solely as a convenience to save time and effort in ascertaining certain mathematical calculations and completing certain tax forms and should in no way be construed as tax, legal or financial advice. The Services cannot and should not replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, tax or legal matters.
a. Payment. The Website provides certain basic Services on a complimentary basis, so the User may access these basic Services free of charge. If User desires to have access to the premium Services provided on the Website, User must register as a “Member” of the Website, create and account and pay certain fees (“Membership Fees”) as further described in the registration process (for more information regarding registering as a Member, creating an account and Membership Fees, access the link to http://www.eportfoliomanager.com/features/). Membership Fees shall be due and payable as specified in the Website. Company expressly reserves the right to change the Membership Fees at any time; provided, however, any fee changes shall not affect a then-existing Member until such Member’s membership has expired.
b. Collection and Taxes. All Membership Fees, Taxes (as defined below) and other charges shall be billed to User’s credit card at the current international currency conversion rate. User shall be responsible for and shall pay Company all currency conversion charges, sales, use, value-added, personal property or other tax, duty or levy of any kind, including interest and penalties thereon (“Taxes”), whether imposed now or hereinafter by any governmental entity. In the event User fails to pay any amount in advance, Company may immediately suspend or terminate User’s access to the Services. User shall promptly pay Company in the event of any refusal of User’s credit card issuer to pay any amount to Company for any reason. User agrees to pay interest at the rate of 1.5% per month on any outstanding balance, together with costs of collection, including attorney’s fees and costs.
User represents and warrants to Company that: (a) User is over the age of eighteen (18) and has the power and authority to enter into and perform User’s obligations under this Agreement; (b) User shall comply with all terms and conditions of this Agreement, including, without limitation, the provisions set forth in Section 5; (c) If User registers to be a Member, (i) User is the authorized signatory of the credit or charge card provided to Company to pay the Membership Fees and (ii) all information provided by User to Company in the registration process is truthful, accurate and complete, including, without limitation, User’s legal name, email and mailing addresses and telephone number.
User is solely responsible for any and all acts and omissions that occur under User’s account or password, and User agrees not to engage in unacceptable use of the Services, which includes, without limitation, use of the Services to: (a) disseminate, store or transmit unsolicited messages, chain letters or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) disseminate, store or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (f) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Services or any other computer network; (g) disseminate, store or transmit viruses, Trojan horses or any other malicious code or program; or (h) engage in any other activity in conflict with the spirit or intent of this Agreement as determined by the Company in its sole and absolute discretion.
User agrees to use the Services solely for its own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. User acknowledges that the Services have been developed, compiled, prepared, revised, selected and arranged by Company through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of Company. User agrees to protect the proprietary rights of Company and all others having rights in the Services and to comply with all reasonable written requests made by Company or its suppliers of content (“Suppliers”) to protect their and others’ contractual, statutory and common law rights in the Services. User agrees to notify Company in writing promptly upon becoming aware of any unauthorized access or use of the Services by any party or of any claim that the Services infringe upon any copyright, trademark or other contractual, statutory or common law rights. User may not copy, reproduce, recompile, decompose, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit or in any way exploit any part of the Services, except that User may download material from the Services and/or make one print copy for its own personal, noncommercial use, provided that User retains all copyright and other proprietary notices.
Company reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Services; (b) suspend User’s access to or use of all or any portion of the Services; (c) modify all or any portion of the Services, and (d) terminate the Services. A Member may cancel such Member’s subscription to the Services upon written notice to Company. Upon termination of the Services, any then-existing Member subscriptions shall automatically terminate. If a Member has a monthly subscription, no refunds will be given. If a Member has an annual subscription which has been paid in advance, the Member shall receive a prorated refund for the unused portion of the annual subscription, based on the date of termination. A service charge of 6% will be applied to all refunds.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SERVICE IS AT USER’S SOLE RISK. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, SECURE OR FREE FROM VIRUSES AND DOES NOT MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR CONTENT OFFERRED OR ACCESSED ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FOR PURPOSES OF CLARITY, COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE OR USE OF THE COMPANY’S WEBSITE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO USER AND USER MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
This Website (including the Services offered through the Website), among other things, provides information intended to assist Users in the management of their securities portfolio and facilitate the calculation and preparation of certain tax and financial information. The Company is not a registered financial advisor and nothing on the Website is intended to constitute specific tax or investment advice to the User. The information contained in or made available through the Website cannot and should not replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, tax or legal matters. Company does not warrant or guarantee the accuracy, completeness, adequacy, or timeliness of the information contained on the Website. Accordingly, Company and its respective employees, officers, and agents accept no liability whatsoever for the consequences of any such inaccurate or misleading data, opinion, or statement. You agree that you are using the Website and the Services offered by the Website at your own risk. By using the Website and the Services offered by the Website, User acknowledges that the Website and the Services offered by the Website do not constitute the practice of any legal, tax or investment advice.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING ANY INVESTMENTS, TAX RETURNS OR OTHER ACTIONS TAKEN BY USER FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE (INCLUDING BUT NOT LIMITED TO ANY SERVICE UTILIZED OR OTHERWISE OBTAINED FROM THE WEBSITE). COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES THAT MAY RESULT FROM USER FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE AND ITS SERVICES, INCLUDING BUT NOT LIMITED TO ECONOMIC LOSS.
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, USER’S USE OR INABILITY TO USE THE SERVICE, ANY CHANGES TO OR INACCESSIBILITY OF THE SERVICE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED THE GREATER OF (I) THE TOTAL FEES PAID BY USER TO COMPANY HEREUNDER OR (II) $50. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH THE SERVICE, USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE SERVICE IN ACCORDANCE WITH SECTION 7.
USER ACKNOWELDGES THAT THE SERVICE SUPPLIED TO USER IS SOLELY BEING PROVIDED BY THE COMPANY. COMPANY’S SUPPLIERS, PARTNERS, AFFILIATES, ALLIANCES, OFFICERS, EMPLOYEES, AGENTS AND REFERRAL SOURCES SHALL IN NO WAY BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR USE OF THE COMPANY’S WEBSITE. AS USED HEREIN, A “REFERRAL SOURCE” OF COMPANY SHALL INCLUDE, WITHOUT LIMITATION, ANY PARTY THAT PROVIDES A LINK TO COMPANY’S WEBSITE PURSUANT TO AN AGREEMENT WITH COMPANY.
User agrees to indemnify, hold harmless and defend Company, its members, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to User’s use of the Services, including any data or work transmitted or received by User, any violation of this Agreement and any use by third parties of User’s account.
b. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
c. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
d. Notice. All notices shall be in writing and shall be deemed to be delivered when sent by first-class mail, postage prepaid, or when sent by facsimile or e-mail to the other party as provided herein. User hereby consents to notice by email. All notices shall be directed to Company by email at its current email address for customers as described on the Website by accessing the link http://www.eportfoliomanager.com/contact-us in the Services. All notices shall be directed to Users who are Members pursuant to the contact information provided by User in connection with User’s registration as a Member.
e. Law. This Agreement is made in and shall be governed by the laws of the State of Arizona without reference to conflicts of laws, except as governed by Federal law.
f. Forum. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts located within the county of Maricopa, Arizona. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts located within the county of Maricopa, Arizona. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts located within the county of Maricopa, Arizona and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court located within the county of Maricopa, Arizona.
g. Process. The parties irrevocably submit and consent, and irrevocably waive any and all objections which any party may now or hereafter have, to process being served in any such suit, action or proceeding referred to in the preceding subsection pursuant to the rules of the applicable court, including, without limitation, service by certified or registered mail, return receipt requested. No provision of this section shall affect the right of any party to serve process in any manner permitted by law or limit the right of any party to bring suits, actions or proceedings to enforce in any lawful manner a judgment issued by the state or federal courts of the State of Arizona.
h. Attorney’s Fees. If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses from the non-prevailing party in addition to any other relief to which such prevailing party may be entitled.
i. Headings. The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.
j. Force Majeure. If the performance of any part of this Agreement by Company is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of Company, Company shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
k. Survival. The terms and provisions of this Agreement (other than the right to access and use the Services) shall survive any termination or expiration of the Services.
l. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to use of the Website and the Services and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Services.
m. Statute of Limitations. User acknowledges and agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
n. No Third Party Beneficiaries. Except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
Reminder: Company may revise these terms and conditions at any time by updating this posting. You should visit this page from time to time to review the then-current terms and conditions because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of the Website.