Effective Date: January 1, 2020
Last Updated: July 25, 2020
Agreement and Acceptance of Terms
The Platform is owned and operated by Vestalyze, Inc. Vestalyze is not a Registered Investment Advisor or broker-dealer. All of the information in our platform should not be construed as investment advice, and is for informational and educational purposes only. Vestalyze is not affiliated or endorsed with any third-party broker-dealers, banks or custodians.
The protection of your account including your password and other User Information is your sole responsibility. You acknowledge not to reveal your password to any third party, and you will notify Vestalyze promptly if your password is forgotten or compromised, or if you surmise any unapproved use of your User Account. As a User, you recognize that you shall be fully responsible for any behaviors or activities under your User Account, whether or not you have approved such situations or operations.
You agree that the data you provide to us on account enrollment within our Platform will be valid, genuine, active and complete.
If you wish to learn more about becoming a Certified Partner, please contact us at firstname.lastname@example.org.
Electronic Disclosure Consent
Our Platform is only allowed to be used by persons residing in the United States. Vestalyze does not claim that the Platform is suitable or accessible for use outside the United States. Furthermore, Vestalyze makes no representations that accessing the Platform from locations outside the United States is legal or permitted under confined law. Vestalyze possesses the power to reject eligibility to any person or persons to access the Platform without justification or explanation.
Platform is for Educational Purposes Only
The public and private portions of the Platform are presented for educational purposes only and are not meant to provide legal, tax, or investment advice. By accessing the Platform, you agree you are responsible for your investment research and decisions, and will not rely on the Platform as the primary basis for your investment decisions. Vestalyze will not be held liable for any transactions you conduct based on information you obtain via the publicly or privately accessible parts of the Platform.
Conditions of Use
You accept that you will comply with all relevant laws, including, without restriction, tax laws, intellectual property laws, anti-spam laws, export control laws, privacy laws, and supervisory requirements. You additionally confirm that you will use the Platform strictly for your personal, non-commercial use and will not endeavor to intervene with the operation of the Platform in any form.
Communications with and Submissions to Vestalyze
Registered representatives or agents of Vestalyze may record and monitor all or portions of your phone calls, emails, text messages, online chats and other communications with Vestalyze for quality control, customer service, employee training, security concerns, legal reasons, compliance, and other law-abiding intentions. Such an agreement is continuous and need not be approved before, or while, such monitoring or recording, except to the extent as applicable by law. Vestalyze may also archive your communications with Vestalyze for regulatory and additional purposes. As a result of such procedures, you consent to such communication policy herein.
We encourage you to contact us; however, you should not email us any information that contains confidential personal data. With regard to all emails and communications you send to Vestalyze, including, but not limited to, questions, evaluations, feedback, remarks, opinions, and so forth, we shall be permitted to use any rating figures, notions, ideas, know-how, or methods contained in your communications for any purpose whatsoever, including but not limited to, the improvement, development, design and marketing of products and services that include such information without attribution or compensation to you.
Confidentiality and Feedback
We embrace “User,” and “Client” communication, feedback, observations, grievances and proposals (collectively, “Feedback”) as this will improve Vestalyze’ products and services. You acknowledge that all Feedback we receive is our private information (“Confidential Information”). Furthermore, any of our trade secrets, programming, software, product classifications as well as any non-public technological, commercial or enterprise or financial knowledge that we share with you is also our Confidential Information. You consent not to reveal or give any of our Confidential Information to any third party, including, without restriction, any segments of the media, press or collaborators. Feedback can be sent to email@example.com.
External Links or Sites
External Links are rendered entirely as a utility to you and not as an approval by Vestalyze of the content thereof. The material included on External Sites is produced and administered by others. You should reach the site controller or webmaster for the External Links if you have any matters concerning such links or any content found on such External Links. It is advised you take precautions when accessing files from all external websites to defend your computing devices from destructive programs or viruses. If you elect to access linked External Links, you do so at your sole risk.
Disclaimer of Liability
Your access to the Vestalyze Platform and the private information you give is at your sole discretion and risk. Vestalyze’s Platform and all elements, data, content, products, and services included therein are granted on an AS IS and AS AVAILABLE basis without guarantees of any kind from Vestalyze.
VESTALYZE EXPRESSLY DENIES ALL LIABILITIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, ASSOCIATED TO VESTALYZE’S PLATFORM, WEBSITE, CONTENT AND/OR USER INFORMATION, INCLUDING WITHOUT LIMITATION THE GUARANTEES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. VESTALYZE, INC. REVOKES ANY WARRANTIES, EXPRESS OR IMPLIED:
- A) REGARDING THE AVAILABILITY, SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF VESTALYZE’S PLATFORM, MATERIAL AND USER INFORMATION;
- B) THAT VESTALYZE’S PLATFORM WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED;
- C) THAT VESTALYZE’S PLATFORM WILL BE FREE FROM ELECTRONIC VIRUSES;
- D) ALTERNATIVELY, CONCERNING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY Vestalyze ON ITS WEBSITE INCLUDING BUT NOT LIMITED TO INFORMATION OBTAINED THROUGH SOCIAL MEDIA.
No financial advice or information, whether written or oral, obtained from the Vestalyze Platform to you, shall constitute any warranty not pronounced explicitly in this Agreement. If you decide to rely on such information, you do so solely at your own risk.
Some states or territories do not approve the dismissal of specific warranties. Therefore, some of the preceding omissions may not apply to you.
Investment Tools and Probability Forecasts
Vestalyze gives no representation concerning the probability or expectation that any real or theoretical investment will produce a clear result or function in any foreseen manner. Any historical performance data provided on the Platform makes no representation to the actual achievement of any particular investor’s portfolio and may not display all determinants that could influence such observation for a specific investor. Past performance should never be interpreted as a guarantee of future results. Investment returns in any period of time may be far below or above those of a prior time. There is no representation made that any investment, security or trade will or is anticipated to produce gains or losses related to those reached in the past, or that substantial losses will be circumvented. There is an inherent risk investing in securities and investments made with Vestalyze, Inc. are subject to losing value.
The results, collections, and performance data displayed on the Platform applies or incorporates information gathered from third-party vendors, including index data and autonomous exchange quotes. Vestalyze does not guarantee the accuracy of third-party data but does believe it to be genuine.
The Platform includes specific “forward-looking statements,” which may be distinguished by the application of such words as “think,” “anticipate,” “forecast,” “should,” “projected,” “calculated,” “potential,” “estimates,” and other comparable expressions. Samples of forward-looking remarks include, but are not restricted to, evaluations regarding financial status, effects of operations, and the advancement or lack of advantage of Vestalyze’s investment method or strategies. All investors are subjected to numerous determinants, including, but not confined to, universal and regional economic fitness, varying levels of competition inside particular industries and sectors, fluctuations in interest rates, developments in legislation or regulation, and other financial, competing, political, regulative, and technological circumstances influencing Vestalyze’ operations that could generate actual outcomes to deviate substantially from forecasted outcomes.
No Investment or Financial Advice; No Offers or Assurance Provided:
Users are to understand that information outlined in sections of the Platform that visitors have access to (the “User Visiting Areas”) should NOT be construed as investment or financial planning advice. The User Visiting Areas are confined to the administration of general knowledge about Vestalyze’s portfolio tracking services, collectively with pathways to supplementary investment-related information, presentations, educational content, and links. Consequently, the disclosure of information on the User Visiting Areas on the Internet should not be interpreted by any client or prospective client/investor as a solicitation by Vestalyze to effect or try to effect transactions in securities, or the rendering of individualized investment advice for compensation, over the Internet.
Vestalyze is not a law firm nor an accounting firm, and no part of the Platform should be interpreted as legal, accounting, or tax advice at any time. To the degree that past performance is accessible within the Platform, past performance is not symbolic of future results, and no representation is implying that any investment will or is likely to achieve profits or losses similar to those produced in the past, or that substantial losses will be avoided.
No material accessible in the Platform shall be accepted or viewed as an offer to sell or a solicitation of an offer to buy the securities or services of any of our affiliated entities. Recommendations can only be given where prudent suitability is defined and in compliance with applicable law.
It is important to recognize that various types of investments entail different levels of risk, and there can be no certainty that the future performance of any particular investment or investment strategy (including those engaged or advised by Vestalyze), will be successful or equivalent to any historical performance measures. It should not be expected that investments made for any distinct account will equal the performance or disposition of the investments presented on the Platform, or that the returns of any accounts controlled by Vestalyze will match the performance of the investments reviewed on the Platform. Investors may encounter notably inconsistent results in any given investment.
No Inside Information; No Guaranteed Results
Vestalyze gathers data from a broad assortment of publicly-available specialists. Vestalyze does not possess, nor does it allege to have, sources of confidential, private or inside information. The investment recommendations generated by Vestalyze in conjunction with its services are based on the professional capacity of Vestalyze, and Vestalyze, Inc. cannot and does not guarantee the returns of any security recommendations.
Investment Recommendations and Positions
Some parts of the Platform may include a review of, and/or grant entrance to, Vestalyze’s (and those of separate investment and non-investment professionals) positions and/or investment suggestions as of a particular preceding time. Due to numerous circumstances, including fluctuating market environments, such reviews may no longer be studious of prevailing conditions and/or security recommendations. Furthermore, no Registered User shall consider that any such analysis serves as the approval of or a replacement for, individualized financial advice from a licensed investment advisor.
Limitation of Liability
VESTALYZE, INC. NOR ANY OF ITS DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES OR AGENTS SHALL BE LIABLE IN ANY MANNER FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, PERSONAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, MISSED OPPORTUNITY, COST OF OBTAINING SUBSTITUTE SERVICE, OR LOST PROFITS) EMERGING OUT OF OR IN ASSOCIATION WITH THE PLATFORM OR THE USE OF THE PLATFORM OR A LINKED SITE (INCLUDING BUT NOT LIMITED TO THE OBSTRUCTION OR FAILURE TO USE THE PLATFORM OR A LINKED RESOURCE). THIS LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING OF WHETHER THE DAMAGES ARE FORESEEABLE OR WHETHER VESTALYZE HAS BEEN DIRECTED OF THE FEASIBILITY OF DAMAGES. THE PRECEDING LIMITATION OF LIABILITY SHALL BE IMPLEMENTED TO THE FULLEST EXTENT AUTHORIZED BY LAW IN THE APPLICABLE JURISDICTION. IN NO CIRCUMSTANCE SHALL VESTALYZE’S COLLECTIVE LIABILITY TO YOU SURPASS $25 U.S. DOLLARS.
All services, products, and material on the Platform are rendered “as is” without guarantee of any form, limited or implied, including, but not limited to, assumed warranties of accessibility, appropriateness for a distinct purpose, right, non-infringement, security, or correctness. Vestalyze does not guarantee and is not liable for the exactitude or authenticity of any information on the Platform. It is your duty to assess the correctness, authenticity, completeness, and timeliness of any information accessible on the Platform. Vestalyze explicitly denies any responsibility to update the data on the Platform.
Waiver and Divisibility Clause
No Legal or Tax Advice Rendered
Vestalyze endeavors to make it as useful and smooth as possible in managing and growing your investment portfolio. Nevertheless, neither Vestalyze nor our services offer, provides, or renders tax or legal advice under any circumstance. Before making an investment or financial decision, we suggest that you talk with an investment advisor, or tax or legal professional first. Vestalyze does not render investment advice.
Third-Party Financial Services
Some components of our service offerings may, either now or in the future, be supported by promoting or advertising joint venture relationships. We will always disclose when a particular Vestalyze third-party offer is sponsored or when a third-party compensates Vestalyze in connection with the sponsored offer.
Vestalyze, Inc. controls the Platform and is the sole proprietor and authorized administer of all writings, illustrations, design elements, photos, graphs, animations, sounds and other works contained within the Platform. The materials furnished inside the Platform, including, without restriction, any copyrights, trademarks, service marks, and all other proprietary works, are protected by the United States and International copyright laws, trademarks laws, treaties, and other proprietary licensing laws. Vestalyze maintains copyright protection in the collection, coordination, and organization of the material enclosed within the Platform.
Vestalyze, the Vestalyze logo, and additional intellectual property marks are our reserved as registered trademarks and service brands. For a list of trademarks, see the Vestalyze Intellectual Property Portfolio. Any separate product titles and company logos found on Vestalyze marketing materials are the service marks or trademarks of their respective owners. Except as designated in this section, you are not permitted to duplicate, replicate, copy, produce secondary works from, upload, post, republish, broadcast, or circulate in any form whatsoever any of our content, data, technology or intellectual property without our explicit, written permission.
You agree to indemnify, exonerate and hold Vestalyze and any of our affiliates, licensors and agents, and all of their officers, directors, employees, agents, information providers and licensors harmless against any and all third-party claims, damages, liability and costs (including attorneys’ fees and costs) incurred by any of these parties that start out of or are produced by your use of our products and services and/or our Platform, your violation of this Agreement, your infringement of any intellectual property rights, or violation by any user of your account. In the event there are third-party claims against you for which you seek damages from us under this Agreement, or we are subject to any liability for which we have the right to be indemnified by you, we reserve the right at our interest in the event of claims by third parties against you, and at your expense in the case of claims for which we have the right to be indemnified by you, to assume the independent defense and control of any such claim, and you agree that in any event no such claim can be resolved without our prior written approval.
ANY CONFLICT, CLAIM OR CONTROVERSY EMERGING OUT OF OR RELATING TO THE SERVICES, THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE MEASUREMENT OF THE EXTENT OR VALIDITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING MEDIATION RATHER THAN A COURT IN VIRGINIA BEACH, VIRGINIA BEFORE A SOLE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS ACCORDING TO MODERNIZED ARBITRATION RULES AND PROCEDURES, AND THE ARBITRATOR SHALL ADMINISTER THE LAWS RELEVANT IN THE STATE OF VIRGINIA. EVALUATION ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING POWER AS STIPULATED ABOVE UNDER “GOVERNING LAW AND VENUE.” THIS CONDITION SHALL NOT PREVENT PARTIES FROM ATTEMPTING INJUNCTIONS OR OTHER APPLICATIONS OF EQUITABLE RELIEF OR TRANSIENT SUPPORT IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. YOU AGREE THAT ALL DISPUTES MUST BE BROUGHT IN YOUR CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION CLAUSE, YOU AGREE THAT YOU ARE DISMISSING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. ALSO, YOU AGREE TO WAIVE THE RIGHT TO ENGAGE IN A CLASS ACTION LAWSUIT OR LITIGATE ON A CLASS-WIDE FOUNDATION. YOU CONSENT THAT YOU HAVE EXPLICITLY AND PURPOSELY ABANDONED THESE RIGHTS. IN ANY ARBITRATION, THE ARBITRATOR MAY, IN THE CITATION, DESIGNATE ALL OR PART OF THE EXPENSES OF THE ARBITRATION, INCLUDING THE FEES OF THE ARBITRATOR AND THE REASONABLE LEGAL FEES OF THE UNDERLYING PARTY, AND SHALL ASCERTAIN THE UNDERLY PARTY FOR THIS PURPOSE.
Class Action Waiver
You acknowledge that any legal proceeding shall be restricted to the conflict between you and Vestalyze independently. To the complete extent sanctioned by law, (i) no arbitration or legal action shall be associated with any other; (ii) there is no power or jurisdiction for any dispute to be mediated or settled on a class action-basis or to appropriate class action procedures; and (iii) there is no right or permission for any legal action to be effected in a professed agent capacity on account of the general public or any additional means. You grant that you may invoke claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative action.
Claims of Copyright and Trademark Infringement
If you think that your intellectual property is being applied to or on the Platform in a way that conceives copyright or trademark infringement, please confer this notice to our authorized representative set forth below. The following information is dictated by Section 512(c)(3) of the Digital Millennium Copyright Act:
- Description of the intellectual property declared to have been infringed on, or if a single notification covers various protected material at a single online site, a representational list of such activities at that site;
- Classification of the protected works that is alleged to be infringing or to be the subject of infringing actions and that is to be removed or access to that which should be excluded, and information rationally satisfactory to permit Vestalyze to determine the element on our website or the Platform;
- Knowledge reasonably adequate to enable us to communicate with you, such as an email address, telephone number, and, if available, a physical address, if different from your registered profile with Vestalyze;
- A statement that you have a good faith understanding that uses the protected works in the manner accused of is not authorized by you, your agent, or the administered authority; and
- A record that the information in the announcement is valid, and under penalty of perjury, that you are commissioned to act on behalf of the proprietor of an exclusive right that is purportedly violated.
The specifications defined above must be sent to Vestalyze’ authorized representative, whose contact information is as follows:
Attention: Intellectual Property Dept.
2622 Southern Blvd., Suite 100
Virginia Beach, VA 23455
You should understand that Section 512(f) of the Digital Millennium Copyright Act may command responsibility for damages on any person who deliberately sends meritless notifications of infringement. Please do not make false claims about trademark or copyright infringement. Any message or communication that you present may be given with third parties, including the individual who provided the supposedly infringing material. Upon acceptance of a bona fide infringement warning by the Authorized Representative, we will exclude or disable access to the infringing matter, inform the user that it has been removed or access disabled, and, for repeat offenders, to cancel such user’s access to the Platform.
If you believe that your content should not have been removed for alleged copyright infringement, you may send Vestalyze’s Authorized Representative a written counter-notice with the following information:
- Identification of the protected material that was removed, and the location on the Platform or website where it would have been found before its removal;
- A written statement, under penalty of perjury, that you have a good faith understanding that the material was withdrawn as a consequence of a misunderstanding or mistake; and
- Your physical or electronic signature, collectively with your contact information (address, telephone number, and email address).
If the Designated Agent receives a counter-notice, we may assign a copy of the counter-notice to the first objecting party notifying the individual that it may replace the displaced material or discontinue within 14 business days. Unless the intellectual property owner files a legal action seeking a court order against the user, the discarded works may be replaced, or access to it restored in 10 to 14 business days or longer after receiving the counter-notice, at our inclination.
Ending Your Relationship with Vestalyze
This Agreement will remain to administer unless canceled by either you or Vestalyze as described hereinafter. If you aspire to end your legal agreement with us, you are entitled to do so by terminating your Account.
Please use the following procedure to cancel your Account:
Email firstname.lastname@example.org from the email address connected with your Account, designating “CANCEL ACCOUNT” in the subject line of the electronic mail. After verifying you are the account owner, Vestalyze will purge your records, transactions, and login information from our database and will only proceed to retain such information as dictated by law.
Vestalyze maintains the liberty to abolish our legal agreement with you (by rendering an email notification of such closure): (i) if you have violated any stipulation of this Agreement (or operated in a fashion that distinctly confirms you do not approve of or are incapable of complying with the terms of this Agreement); (ii) if we understand we are obliged to do so by law (for instance, wherever the jurisdiction of the services to you is, or becomes, illegal); (iii) if we no longer provide any of the services you employ; (iv) if you no longer consent to the terms and provisions of this Agreement; or (v) for any other cause or no basis, in our single and authoritative discretion. The termination of this Agreement will not change any of our rights or your commitments proceeding within this Agreement before termination.
You may ask for termination of your User Account at any point and for any purpose by transmitting an email to email@example.com.
Change of Terms
We may alter this Agreement at any moment, and consequently, we advise that you check this Agreement on a quarterly basis. We may inform you of any modifications via the email address connected with your Account, and you consent to receive electronic communications, links to any amended Agreement on our Platform, and you recognize that any of these medians of communicating a change in this Agreement authorizes sufficient notification to you. Your sustained admittance or utilization of the Platform or any of the services designates your understanding to be legally obliged by any and all such revisions.
Section headings in this Agreement are for convenience of reference only, and shall not govern the interpretation of any provision of this Agreement.
You can also communicate with Vestalyze by phone at (800) 750-7224 or via physical mail at:
2622 Southern Blvd., Suite 100
Virginia Beach, VA 23452