Last Updated on January 15th, 2019
This TERMS OF SERVICE Agreement (the 'Agreement') describes rights and responsibilities when using investorkeep.com, a wealth management monitoring and analysis service (the 'Service'). This Agreement is a binding contract that a customer who uses the Service (a 'Customer' or 'you') enters into with InvestorKeep, Inc. ('InvestorKeep,' 'Company', 'we', 'us,' 'our' or similar terms) as of the date you click 'I accept' (or any similar) button when you sign up to use the Service. You understand that by entering into this Agreement, you are agreeing to provide us with access to information owned by you.
BY CLICKING THE 'I ACCEPT' (OR ANY SIMILAR) BUTTON OR BY ACCESSING OR USING THE SERVICE, CUSTOMER ACCEPTS THIS AGREEMENT AND ACKNOWLEDGES THAT CUSTOMER HAS READ, UNDERSTANDS AND AGREES TO BE BOUND BY ITS TERMS. THIS AGREEMENT RQEUIRES ALL DISPUTES TO BE RESOLVED BY WAY OF BINDING ARBITRATION. THE ARBITRATION CLAUSE APPEARS IN SECTION 19 OF THIS AGREEMENT.IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN YOU MAY NOT USE THE SERVICE.
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 any products and services offered by or on third-party sites. You should consult with a professional financial advisor before making investment decisions or deciding on significant changes to your financial strategy. We are also not responsible for fees charged by third-party sites as a result of using the Service. 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. When displayed through the Service, Account Information may not be current as of the time viewed. Such information may be more up-to-date when obtained directly from the relevant sites.
By submitting information, data, passwords, usernames, PINs, other login information, materials and other content through the Service, you are licensing that content to us solely for the purpose of providing the Service. We may use and store the content. By submitting this content to us, you represent that you are entitled to submit it to us for use for this purpose, without any obligation by us to pay any fees or other limitations.
We will use information that you provide us, including usernames and passwords, to log into the third party site that maintains your Account Information. You hereby authorize and permit us to use and store such information to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites that maintain your Account Information. You grant InvestorKeep a limited power of attorney, and appoint InvestorKeep 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 Service.
Term and Termination.
Warranty and Warranty Disclaimer.
Limitation of Liability.
Modifications and Changes.
Electronic Communications; Consent to Recording.
Not a Financial Planner, Investment Advisor, Broker or Tax Advisor.
Claims of Copyright and Trademark Infringement.
If you believe that material residing on or accessible through out websites is being used in a way that infringes your copyright rights, please provide our Designated Agent (set forth below) the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material on our website or the Dashboard;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address, if different from your registered profile with Company;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The information specified above must be sent to Company's Designated Agent, whose contact information is as follows:
Attention: [Privacy & Security]
18 Williamsburg Lane, CA 95926
Email us at firstname.lastname@example.org
Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims. Any information or correspondence that you provide may be shared with third parties, including the person who provided the allegedly infringing material. Upon receipt of a bona fide infringement notification by the Designated Agent, we will remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material, and, for repeat offenders, to terminate such user's access to the Service.
If you believe that your content should not have been removed for alleged copyright infringement, you may send Company's Designated Agent a written counter-notice with the following information:
Identification of the copyrighted work that was removed, and the location on the website or Dashboard where it would have been found prior to its removal;
A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification; and
Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.