Terms and Conditions
Terms of Service Agreement
Effective Date: Nov. 1, 2013
2. Information Only Site
THIS SITE IS INTENDED ONLY FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED TO PROVIDE LEGAL, OR TAX ADVICE. PLEASE CONSULT A LEGAL, OR TAX PROFESSIONAL IF YOU NEED INDIVIDUALIZED ASSISTANCE.
NO COMMUNICATIONS WITH IQUANTIFI, ITS EMPLOYEES OR DIRECTORS VIA CUSTOMER SUPPORT, E-MAIL, TELEPHONE OR ANY OTHER MODE OF COMMUNICATION SHALL BE CONSTRUED AS INVESTMENT ADVICE OF ANY NATURE AND CANNOT BE RELIED UPON BY THE USER AS INVESTMENT ADVICE.
IQUANTIFI IS NOT A TAX ADVISOR. INVESTORS SHOULD OBTAIN INDEPENDENT ADVICE ON THE TAX CONSEQUENCES OF THEIR INVESTMENTS.
Investment advice provided by iQuantifi is strictly limited to registered users who have reviewed and signed this Agreement with iQuantifi, and no information furnished through the iQuantifi Site to unregistered users may be construed as investment advice of any nature.
If you register you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are responsible for all activities that occur under your account. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you shall immediately notify iQuantifi at: email@example.com. YOU MAY BE LIABLE FOR THE LOSSES INCURRED BY IQUANTIFI OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT.
5. Advisory Services
If you register to receive our services, you hereby retain iQuantifi as a financial consultant and iQuantifi agrees to perform investment advisory services for you in accordance with the Terms of Service.
Our services and recommendations rely upon the accuracy of your Profile information as you provide it to iQuantifi. You are solely responsible for any errors, omissions or inaccuracies in your Profile data. You agree that we shall have no liability for your failure to promptly inform us of material changes in your financial circumstances which may affect the investment advice provided. iQuantifi shall have no obligation to verify any information provided by you.
iQuantifi’s provision of the Service is non-discretionary. We do not and will not have custody over any of your assets and do not and will not have any authority to make any investment or purchase any securities on your behalf. You are free either to follow or disregard any advice provide by iQuantifi, this includes selection of service providers, such as a broker. It is in your sole and absolute discretion whether to act on recommendations from us and who to process the transaction through.
THE SERVICE IS INTENDED TO ASSIST YOU WITH MAKING INVESTMENT DECISIONS AND TO ASSIST YOU IN YOUR INVESTMENT PLANNING, BUT IS NOT A SUBSTITUTE FOR YOUR OWN INFORMED JUDGMENT. YOU ARE RESPONSIBLE FOR YOUR OWN INVESTMENT DECISIONS AND YOU MAY ACCEPT, REJECT OR MODIFY THE PORTFOLIO AND INVESTMENT RECOMMENDATIONS SUGGESTED BY IQUANTIFI.
6. Acknowledgement of Risks
iQuantifi does not and cannot guarantee the future performance of any recommendation made by us. This includes, but is not limited to recommendations or advice in connection with purchase and sale recommendations, specific product recommendations and generally any other recommendations, rankings or guidance offered by iQuantifi, its employees, directors and/or any of its customer support personnel by e-mail, telephone or any other mode of communication, whether electronic or otherwise. Notwithstanding the foregoing, investment advice provided by iQuantifi is strictly limited to the recommendations generated online through the iQuantifi Site.
We do not guarantee that any securities that we recommend will be profitable. The prices of securities recommended by iQuantifi may be volatile, and any investment made in reliance on the recommendations we provide may lose value. Market movements are difficult to predict and are influenced by a number of factors outside of our control, including without limitation government trade, fiscal, monetary and exchange control programs and policies, changing supply and demand, national and international political and economic events and changes in interest rates.
Recommendations are based on a multitude of factors and information. Past returns are no guarantee of future results. We cannot and do not guarantee the completeness or accuracy of the financial information that we obtain from others. We use reasonable care, consistent with industry standards in providing the Service. However, we do not guarantee that the Service or any content will be delivered to you uninterrupted, timely, securely, or error-free.
ANY FORWARD-LOOKING SIMULATIONS OR RECOMMENDATIONS, SUCH AS INCOME PROJECTIONS AND PORTFOLIO PERFORMANCE, RESULT FROM RUNNING HYPOTHETICAL MARKET SIMULATIONS. THE PROJECTIONS OR OTHER INFORMATION GENERATED BY IQUANTIFI REGARDING THE LIKELIHOOD OF VARIOUS INVESTMENT OUTCOMES ARE THEREFORE HYPOTHETICAL IN NATURE, DO NOT REFLECT ACTUAL INVESTMENT RESULTS AND ARE NOT GUARANTEES OF FUTURE RESULTS. RESULTS MAY VARY WITH EACH USE AND OVER TIME.
You must be at least eighteen (18) year of age to register or otherwise use the iQuantifi Site. By using the iQuantifi Site, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Services and to abide by all of the terms and conditions of the Terms of Services.
8. Modification of the Terms
iQuantifi reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms of Services at any time, provided that if such modifications materially limit your rights and/or expand your obligations hereunder, iQuantifi will notify you electronically, such as by e-mail or through the iQuantifi Site. Such material modifications will take effect on the earlier of the date you indicate your assent (by clicking “Accept” or otherwise) or 30 days after iQuantifi’s notice of the changes. If at any time you disagree with the Terms of Service or any modifications thereof, you may terminate these Terms of Service and shall cease using the iQuantifi Site. Your continued use of the iQuantifi Site after the revised Terms of Service become effective (such as following notice as set forth above) indicates that you have read, understood, and agreed to the revised Terms of Service.
9. iQuantifi Site Access
The iQuantifi Site is controlled and offered by iQuantifi from its facilities in the United States of America and is intended for use only by users within the United States. iQuantifi makes no representations that iQuantifi Site is appropriate or available for use in other locations. If you are accessing or using the iQuantifi Site, you do so at your own risk and you are responsible for compliance with applicable law.
The fee for services through the iQuantifi Site are a monthly subscription fee of $9.95 per month payable in advance at the start of a 30 day billing cycle. The initial 30 day billing cycle starts on the day this Agreement is submitted and accepted through the iQuantifi Site. At the time of subscription you will be asked to provide your credit card information on the iQuantifi Site and will be billed by iQuantifi for services rendered.
All credit card payments will be processed by our third party payment processor, Recurly. Payments for each subsequent month are charged to your credit card on the first day of the 30 day billing cycle established on the day this Agreement is accepted. Your credit card information will be retained on file to the fullest extent permitted by Payment Card Industry Data Security Standards to facilitate the monthly charges for the services. Changes in the fee may take place from time to time upon advance written notice to you 30 days prior to the adjustment. iQuantifi may run promotions, surveys, contest or introduce discounts and special offers from time to time, which offers may be subject to additional terms and/or rules.
11. Rights Granted to Us
Names, data, and financial information entered by the user are licensed to iQuantifi for the purpose of providing the service. By submitting information you are representing that you are entitled to grant rights for this purpose without fees, obligations, or limitations.
iQuantifi is active on social media, including Facebook, Twitter and LinkedIn. You have the opportunity to comment on these websites regarding iQuantifi and the products and services we offer, which opportunity and process is governed by those parties’ terms. You hereby grant a license to any comments made by you on these websites regarding iQuantifi and iQuantifi reserves the right to post on its website any comments or content you post on our social media pages.
The iQuantifi Site including the content, visual interfaces, interactive features, information, graphics, design, compilation, products, software, services, iQuantifi trademarks and logos, and all other elements of the iQuantifi Site (“iQuantifi Materials”) are owned and/or licensed by iQuantifi. iQuantifi reserves all rights not expressly granted in these Terms of Services. You shall not acquire any right, title, or interest to the iQuantifi Materials, except for the limited rights set forth in these Terms of Services.
13. Prohibited Uses
iQuantifi reserves the right to investigate and suspend or terminate (in iQuantifi’s sole discretion) your use of the iQuantifi Site if you have misused the services or the iQuantifi Site, or behaved in a way that could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the iQuantifi Site.
(a) Any use by you of any of the iQuantifi Site or iQuantifi materials other than for your personal use is strictly prohibited. Save with prior written consent of iQuantifi, you agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the iQuantifi Site, use of the iQuantifi Site, access to the iQuantifi Site, or non-iQuantifi content obtained through the iQuantifi Site, for any purpose other than for your personal use.
(b) You agree not to use the iQuantifi Site if you do not meet the eligibility requirements described in Section 7 above.
(c) You agree not to defame, harass, abuse, threaten, stalk or defraud users of the iQuantifi Site,or collect, or attempt to collect, personal information about users or third parties without their consent.
(j) You agree not to utilize framing techniques to enclose any trademark, logo, or other iQuantifi materials without our express written consent. You agree not to use any meta tags or any other “hidden text” utilizing iQuantifi’s name or trademarks without our express written consent.
(k) You agree not to deep-link to the iQuantifi Site and will promptly remove any links that iQuantifi finds objectionable in its sole discretion.
(l) You agree not to use any iQuantifi logos, graphics, or trademarks as part of the link without our express written consent.
(m) You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the iQuantifi Site, which includes unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail,informational announcements, charity requests, and petitions for signatures.
(p) You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
14. Online Community
iQuantifi may provide bulletin boards, chat rooms and other interactive areas for its visitors to participate in, which we collectively refer to in this Agreement as the “Online Community”. Anything submitted in posts by you may be read, collected, and used by others. For example, search engines may index your questions, answers, and other posts to allow them to appear in search engine results. Protect your anonymity by not including your real name or any personally identifying information in your questions, answers, and other posts in the Online Community.
You agree to abide by the following guidelines for use of the Online Community:
- You must maintain a polite, pleasant environment. Comments that harass, abuse or threaten others are prohibited. You may not criticize other individual users or iQuantifi.
- You must ensure that all comments are appropriate to all people. Any content that is defamatory, pornographic, obscene, or otherwise objectionable is prohibited.
- You must keep your comments relevant to the stated topic.
- Any conduct that in iQuantifi’s sole discretion restricts others from using or enjoying the iQuantifi Site is prohibited.
- You may not advertise a business or service.
- Copyrighted material may only be posted with permission of the author.
- Harvesting or collecting information about others, including e-mail addresses, is prohibited.
- You may not send any chain letters, junk mail, unauthorized e-mail, or commercial solicitations, or to engage in, facilitate or encourage any illegal activities.
All users of the iQuantifi Site must also follow any other guidelines or rules provided by iQuantifi or posted on the iQuantifi Site. A failure to comply with any of these guidelines or rules, or any of the other provisions of these Terms of Service, will result in, among other possible action, the immediate termination of all membership and privileges to post content to the Online Community. Please report any violations of these guidelines to iQuantifi, as provided for in the “Contacting Us” paragraph of this Agreement.
15. Third-Party Intellectual Property Rights
If you believe that your intellectual property rights have been infringed or otherwise violated by another iQuantifi Site user, you must provide us the following information, pursuant to Section 512 of Title 17 of the United States Code:
(a) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) a description of the copyrighted work or works that you claim have been infringed;
(c) a description of the allegedly infringing material, including its location on the Website;
(d) your address, telephone number, and e-mail address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
iQuantifi’s Copyright Agent for notice of claims of infringement is: firstname.lastname@example.org.
iQuantifi assumes no liability or responsibility for any third party content or material of any kind that is submitted for or posted on any area of the iQuantifi Site. iQuantifi is merely a publisher of any such content and is acting solely as an Internet Service Provider as such term is defined in the Digital Millennium Copyright Act.
16. Your Responsibilities
You and other users of the Online Community are solely responsible for the contents and consequences of the messages you communicate or post on the iQuantifi Site. You should exercise the utmost discretion before providing any personal information in the Online Community. Although iQuantifi is not obligated to monitor content or the accuracy of information, you acknowledge and agree that iQuantifi, in its sole discretion, has the right to monitor, without notice, any of your content or information posted in the Online Community. iQuantifi also reserves the right, in its sole and absolute discretion, to prohibit or remove any conduct or content, without notice, for any reason, and to revoke any user’s membership, for any reason.
17. Service Availability
iQuantifi may make changes to or discontinue any of the media, web communities, products, or services available within the iQuantifi Site at any time, and without notice. The media, products, or services on the iQuantifi Site may be out of date, and iQuantifi makes no commitment to update materials on the iQuantifi Site.
18. User Disagreements
You are solely responsible for your involvement with other users of the iQuantifi Site. iQuantifi reserves the right, but has no obligation, to monitor disagreements between you and other users. iQuantifi disclaims all liability related to any user disagreement.
19. Terms of Services Violations
You agree that iQuantifi, in its sole discretion and for any or no reason may terminate any account (or any part thereof) you may have through the iQuantifi Site or your use of the iQuantifi Site, and remove and discard all or any part of your account, at any time. You agree that your access to the iQuantifi Site or any account you may have or portion thereof may be terminated without prior notice, and you agree that iQuantifi shall not be liable to you or any third-party for any such termination. These remedies are in addition to any other remedies iQuantifi may have at law or in equity.
If you are dissatisfied with the iQuantifi Site, please let us know at: email@example.com. Your input is valuable to us. Your only remedy with respect to any dissatisfaction with (i) the iQuantifi Site, (ii) any term of these Terms of Services, (iii) any policy or practice of iQuantifi in operating the iQuantifi Site, or (iv) any content or information transmitted through the iQuantifi Site, is to terminate these Terms of Service and your account. You may terminate these Terms of Service at any time by closing your account and discontinuing your use of any and all parts of the iQuantifi Site and providing notice of termination.
You agree to indemnify and hold harmless iQuantifi, and its parent, subsidiaries, affiliates or any related companies (including those which share substantially common ownership), and the officers, directors, and employees of any of them from any and all claims, losses, obligations, damages, liabilities, costs, debt, and expenses (including attorney’s fees) arising out of (i) your use or misuse of the iQuantifi Site and/or iQuantifi Materials, (ii) your violation of these terms, (iii) your violation of the rights of any other person or entity, (iv) your breach of the foregoing representations, warranties, and covenants; and (v) any unauthorized use of your account not caused by a brech of iQuantifi security. iQuantifi reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of iQuantifi. iQuantifi will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
21. Third-Party Websites
22. No Warranty
You expressly acknowledge that as used in this Section, the term iQuantifi includes iQuantifi’s officers, directors, employees, shareholders, affiliates and subcontractors.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IQUANTIFI DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IQUANTIFI, THE IQUANTIFI MATERIALS OR THROUGH THE IQUANTIFI SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATE IN THESE TERMS.
“As is” and “As available” and “With all faults”
You expressly agree that the use of the iQuantifi Site and the iQuantifi Materials is at your sole risk. The iQuanitifi Site, iQuantifi Materials, non-iQuantifi content and any third-party media, content, software, services, reference sites, or applications made available in conjunction with or through the iQuantifi Site are provided on an “as is” and “as available”, “with all faults” basis and without warranties or representations of any kind, either express or implied.
Website operation and non-iQuantifi content
iQuantifi does not warrant that the iQuantifi Materials, non-iQuantifi content, iQuantifi Site, reference sites, or any other information offered on or through the iQuantifi Site or any reference sites will be uninterrupted, or free of errors, viruses, or other harmful components and does not warrant that any of the foregoing will be corrected or correctable.
iQuantifi does not warrant or make any representations regarding the use or the results of the use of the iQuanitif Site or any reference sites in terms of correctness, accuracy, reliability or otherwise.
Harm to your computer
You understand and agree that you use, access, download, or otherwise obtain information, materials, or date through the iQuantifi Site or any reference sites at your own discretion and risk and that you will be solely responsible for any damages to your property (including your computer system) or loss of data that results from the download or use of such material or data.
23. Limitation of Liability and Damages
(a) Under no circumstances, and under no legal theory, including negligence, shall iQuantifi or its officers, directors, employees, shareholders, affiliates and subcontractors be liable for loss of profit, loss of data, cost of replacement goods or services or any special, indirect, incidental, consequential, or exemplary damages arising out of or relating to these terms or that result from your use or the inability to use the iQuantifi Materials or any reference sites, the iQuantifi Site itself, or any other interactions with iQuantifi, even if iQuantifi has been advised of the possibility of such damages. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy. You agree that any cause of action brought by you arising out of or related to the iQuantifi Site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
(b) In no event shall iQuantifi or its affiliates, contractors, employees, agents, or third-party partners, licensors or suppliers’ total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the iQuantifi Site (whether in contract, tort (including negligence), warranty, or otherwise) exceed the greater of $1,000 USD or the total amounts you paid to iQuantifi hereunder, if any.
(c) These limitations shall also apply with respect to damages incurred by reason of any products or services sold or provided on any reference sites or otherwise by third parties other than iQuantifi and received by you through or advertised on the iQuantifi Site or received by you through any reference sites.
24. Limitations by Applicable Law
(a) Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside in such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies, or liability contained in these terms apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction in which you are located.
(b) You acknowledge and agree that iQuantifi has offered its products and services and entered into these terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and iQuantifi, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and iQuantifi. You acknowledge and agree that iQuantifi would not be able to provide the iQuantifi Site to you on an economically reasonable basis without these limitations.
In the interest of resolving disputes between you and iQuantifi in the most expedient and cost effective manner, you and iQuantifi agree that any and all disputes arising in connection with these Terms of Service shall be resolved by binding arbitration. This clause does not waive your rights as provided under state or federal securities laws to pursue a remedy by other means: (i) arbitration is final and binding on the parties; (ii) the parties are waiving their right to seek remedies in court, including the right to jury trial; (iii) pre- arbitration discovery is generally more limited than and different from court proceedings; (iv) the arbitrators’ award is not required to include factual findings or legal reasoning and any party’s right to appeal or to seek modification of rulings by the arbitrators is strictly limited; and (v) the panel of arbitrators may include a minority of arbitrators who were or are affiliated with the securities or insurance industry.
Any controversy or claim arising out of or relating to any order or transaction or the continuation, performance or breach of this or any other agreement between us, shall be determined by arbitration. A judgment upon any arbitration award may be entered in any court of competent jurisdiction. No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until (i) the class certification is denied; or (ii) the class is decertified; or (iii) the person is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under these Terms except to the extent stated herein.
(a) Notice – When you visit the iQuantifi Site you are communicating with iQuantifi electronically. You consent to receive communications from iQuantifi electronically. Although iQuantifi may choose to communicate with you by regular mail, iQuantifi may also choose to communicate with you by e-mail or by posting notices on the iQuantifi Site. You agree that all agreements, notices, disclosures and other communications that iQuantifi provides to you electronically satisfy any legal requirement that such communications be in writing. iQuantifi may provide you with notices, including those regarding changes to these Terms of Service, by e-mail, regular mail, or postings on the iQuantifi Site. If Notice is by e-mail or mail, it will be provided to the e-mail or regular mailing address provided by you with your account information and it is your responsibility to update such account information for any changes. Notice to you will be deemed given twenty-four hours after e-mail is sent, unless iQuanitifi is notified that e-mail address is invalid, and if through postal mail, three days after the date of mailing. You may provide iQuantifi with notices to the address indicated below.
(b) Governing Law – These Terms of Service shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to any principles of conflicts of law.
(c) Waiver – A provision of these Terms of Service may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of iQuantifi to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.
(d) Severability – If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
(e) Assignment – The Terms of Service and any rights and licenses granted hereunder, may not be transferred or assigned by you or iQuantifi without written authorization. Any assignment attempted to be made in violation of these Terms of Service shall be void.
(f) Interpretation – You acknowledge that, as a sophisticated user of financial services, you had the opportunity to discuss these Terms of Service with and obtain advice from legal counsel, have had sufficient time to, and have carefully read and fully understand all the provisions of these Terms of Service, and are knowingly and voluntarily agreeing to these Terms of Service. Therefore, the parties waive the application of any law, regulation, holding or rule of construction providing that ambiguities in an agreement will be construed against the party drafting such agreement. The heading reference herein are for convenience purposes only, do not constitute a part of these Terms of Service, and shall not be deemed to limit or affect any of the provisions hereof. The words “include” and “including” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.”
(h) Disclosures – The iQuantifi Site is offered by iQuantifi, Inc., located at 109 International Drive, Suite 210, Franklin, Tennessee 37067.
27. Contacting Us
If you have any other questions or concerns regarding these Terms of Service, please contact us at:
109 International Drive, Suite 200 Franklin, TN 37067
firstname.lastname@example.org (e-mail address)
29. Electronic Signature
I understand that I am signing and receiving this Agreement electronically and I acknowledge and agree to all of the above. I understand that my copy of this Agreement and all communications related to this Agreement will be sent and received electronically via email. I can update my email address by contacting iQuantifi or by going to my iQuantifi account and__________________________. I have access to the Internet and a printer so I can access this Agreement and print a copy at any time by going to the iQuantifi website.