**IMPORTANT – PLEASE READ CAREFULLY BEFORE USING THIS SERVICE**
Welcome to Investiv (www.investiv.co) (the “Site”). The Site is one component of the multiple websites and web applications offered by Investiv LLC, other affiliated entities, and any of their officers, directors, and personnel (collectively, “the Company”) (the “Network”). PLEASE READ THE FOLLOWING DISCLAIMERS / TERMS & CONDITIONS CAREFULLY BEFORE USING THE NETWORK. Enrollment in any part of the Network constitutes your acknowledgement that you have read, understand, and agree without modification to all of the Disclaimers / Terms & Conditions (“Agreement”) and all applicable laws. Your use of a particular website included within the Network may also be subject to additional terms outlined elsewhere on that website (the “Disclaimer”). Additionally, the Network may, in itself contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas). In the event that any of the terms contained in this Agreement conflict with the Disclaimer, or other terms and guidelines contained within the Network, then this Agreement shall control.
In consideration of the Company providing you access to the Network, you agree to abide by all of the provisions in this Agreement in order to remain an authorized user of any aspect of the Network. Your use of any aspect of the Network constitutes your agreement to abide by these provisions. You are solely responsible for your use of the Network, for all use of the Network made by others using your user name and password, and for ensuring that all such use complies fully with the provisions of this Agreement.
The Company reserves the right, in its sole discretion, to change any or all of the provisions of this Agreement at any time. Any changes to this Agreement will be effective immediately upon posting. You are responsible for regularly reviewing these terms and conditions. Your use of any aspect of the Network after notice of changes to this Agreement has been made will be deemed your acceptance of the changes.
The Company reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Network, as well as any aspect pertaining to the use of the Network without prior notice. The Company further reserves the right, in its sole discretion, to immediately and without prior notice restrict use of the Network as well as suspend or revoke your rights to use any aspect of the Network based on the Company’s belief that your use violates that permitted by this Agreement, applicable law, or that the Company otherwise considers in its sole discretion to be unacceptable for any reason.
If you do not agree to the provisions of this Agreement or are not satisfied with any aspect of the Network, your sole and exclusive remedy is to discontinue your use of the Network and Site. Should you terminate your account with the Company you understand and agree that no refunds of unused portions of your prepaid account. The Company is under no obligation to hold your account for an extended leave or vacation, but may do so at its sole discretion. Typically, an annual subscription includes a 30-Day Money Back Guarantee. You are free to cancel any time in the first 30 days for a full refund less shipping and handling charges. All books and other materials received as part of the promotion can be kept by you free of charge.
2. Use Limited to Personal, Non-Commercial, Uses
Unless otherwise specified, the Network is for your personal and non-commercial use. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Network solely for your personal, non-commercial use, or to place an order with the Company or to purchase the Company’s products. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from any aspect of the Network without prior written permission of the Company.
Harassment in any manner or form on the Network, including transmissions via electronic mail (“email”) and chat, or by obscene or abusive language is strictly forbidden. Impersonation of others, including the impersonation of any Company employee, affiliate, subsidiary, host, or representative, or other members or visitors on the Network is prohibited. You may not upload to, distribute, or otherwise publish through the Network any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Network or use the Network to solicit others to join or become members of any other commercial online service or other organization.
3. No Individualized Investment Advice is Provided
The Company is not a registered investment adviser, stock broker, or brokerage. The Network has been prepared without regard to any particular investment objectives, financial situation, and needs. Accordingly, you should not act on any information in the Site and the Network without obtaining specific advice from your professional securities or financial advisor, and should not rely on information herein as the primary basis for your investment decisions. Decisions to embark upon trading with real funds based on any information contained within the Site and the Network is your own sole decision and responsibility. Any profits or losses resulting from participating in the markets with real funds rests solely with you, and not with the Company.
Under no circumstances should any content from the Network—or from any other materials provided by the Company—be used or interpreted as a recommendation or invitation to buy or sell any type of security or commodity, or to partake in any other financial activity by way of any financial instrument, and is not calculated to lead directly or indirectly any persons doing so.
The Company does not, and will not, execute any trades on your behalf, manage any of your money, and/or communicate with your professional securities or financial advisors. You agree that you must contact your own stock brokers/brokerages to make any securities transactions. You agree that you bear responsibility for your own investment research, investment decisions, and trading execution. The Company shall not be held liable by you or any others for any decision made or action taken by you or others based upon reliance on or use of information or materials obtained or accessed through use of the Network. You assume the entire cost and risk of any and all chosen trading undertaking(s). Prior to any transaction in securities, you should consult with a qualified professional securities or financial advisor.
4. Information Provided May Not Be Accurate At All Times
The historical and current end-of-day data used in the Site is provided by Barchart, an independent third party data source. Intraday data delayed per exchange requirements. All quotes are in local exchange time. All intraday data for stocks and ETFs are delayed 15 minutes.
You agree that the data and chart information provided on the Network is not guaranteed to be accurate at all times, and that the Company is not accountable for any errors. The Company does not represent, endorse, warrant, or takes any responsibility as to the accuracy or completeness of any information contained herein, including of any advertisements or third-party content on the Network. The Company also does not represent, endorse, warrant, or take any responsibility that the companies which issue securities that are the subject of the information provided on the Network are subject to, or in compliance with, informational reporting requirements imposed by the Securities Exchange act of 1934, or any other federal or state laws. The Network does not purport to provide a complete description of the securities market or developments to which reference is made and, thus, there may be instances when fundamental, technical, and quantitative opinions may not be in concert.
The Company, through its various newsletter publications, its analysts, and its newsletter writers may express opinions about whether any particular company, equity, or derivative represents good, fair or poor speculative value. Such observations, which are generally linked to uncertain future outcomes and their probabilities and involve the interpretation of the Company and its analysts, are valid only at the time made.
You are advised not to rely solely on this data, but rather to double-check any data points (including individual stock prices) via your own independent sources. No technical trading method guarantees market omniscience or will give buy or sell signals with perfect accuracy; sound money management must always be used. You are encouraged to use your own research to form your own assessments of speculative value.
You agree that any use of or reliance upon any information on the Network shall be at your sole risk. The Company accepts no liability to you or any other person whatsoever, whether in contract, in tort, for negligence, or otherwise for any direct or consequential loss of any kind arising out of the use of the Network or any information therein (except insofar as any statutory liability cannot be excluded). The Company reserves the right, in its sole discretion and without any obligation, to make modifications to any portion of the Network, or other materials, at any time.
Due to the electronic nature of the internet, the Site, the Network, and/or the Company’s email distributions could fail at any given time. The Company will not be responsible for unavailability of use of the Site, the Network, and/or email distributions. Nor will the Company guarantee or be responsible for undelivered emails due to internet bandwidth problems, equipment failure, other delays or failures or disruptions, and for any acts of God. The Company does not warrant that the transmission of emails will be uninterrupted or error-free.
5. Investing is Inherently Risky
There are risks inherent in all investments, which may make such investments unsuitable for certain persons. These include, for example, economic, political, currency exchange, rate fluctuations, and limited availability of information on international securities. You may lose all of your money trading and investing. Do NOT enter any trade without fully understanding the worst-case scenarios of that trade. And do NOT trade with money you cannot afford to lose. Past performance of an investment is not necessarily indicative of its future results. No assurance can be given that any implied recommendation will be profitable or will not be subject to losses.
6. Hypothetical Results Are Reported
Results and examples used in the Company’s advertisements, books, videos, websites, and other media—including on the Site and the Network—are based on hypothetical (simulated) trades. Plainly speaking, these trades were not actually executed. Hypothetical performance results have certain limitations. Unlike an actual performance record, hypothetical results do not represent actual trading. Also, since the trades have not been executed, the hypothetical results may have under-or-over compensation for the impact, if any, of certain market factors, such as lack of liquidity. Hypothetical trading programs generally are also subject to the fact that they are designed with the benefit of hindsight. Hypothetical results also do not account for commissions or slippage.
The Company’s simulations assume purchase and sale prices believed to be attainable. Yet traders are going to be getting into trades at different times and using various exit approaches, which may result in different pricing and outcomes. You may or may not receive the best available price on the purchase or the sale of a position in actual trading.
You agree that the Company does not represent, warrant, or take responsibility that any account will or is likely to achieve profit or losses similar to those shown. Examples published by the Company are selected for illustrative purposes only. They are not typical and do not represent the typical results of all stocks within the Company’s software or its individual scans and searches. No independent party has audited any hypothetical performance contained at this Web site, nor has any independent party undertaken to confirm that they reflect the trading method under the assumptions or conditions specified.
7. Offers Disinterested Commentary and Analysis
The Company does not receive any form of payment or other compensation for publishing information, news, research, or any other material concerning specific securities on the Network that is intended to affect or influence the value of securities. The Company, and its personnel, do not engage in front-running of recommendations and do not trade against one’s own recommendations.
The Company and its management may benefit from an increase or decrease in the share prices of the profiled companies, and/or may have other actual or potential conflicts of interest. If a particular security featured in a newsletter publication is concurrently owned by the Company in its corporate brokerage account, or in any of the individual accounts of the Company’s principals or analysts / writers, that fact will be disclosed. The Company, its principals, analysts and writers may choose to purchase a security or derivative featured in one of its newsletter publications, but typically will wait three (3) trading days from the date of publication before initiating said purchase.
8. Disclaimer of Warranties & Limitation of Liability
You expressly agree that use of any aspect of the Network is at your sole risk. Neither the Company nor any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents) warrant that the Network will be uninterrupted or error free or that they will be free of viruses or other harmful components, nor do they make any warranty as to the results that may be obtained from the use of the Network or as to the accuracy, reliability, completeness, or contents of any content, information, material, postings, or posting responses found on or as a result of your use of the Network, any merchandise or services provided through the Network, or any links to other sites or services made available on the Network. The price of any aspect of the Network includes the fact that from time to time access to the Network may be denied due to events or actions beyond the control of the Company. Scheduled publications can be materially delayed or changed at any time without notice or liability.
THE NETWORK, ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE NETWORK ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Under no circumstances, including but not limited to negligence, shall the Company (or any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents)), be liable for any indirect, incidental, special or consequential damages that result from the use of, or the inability to use, any content, information, material, postings, or posting responses on the Network. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that the Company (and any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents)), is not liable for any defamatory, offensive or illegal conduct of any user, including you. In no event shall the total liability of the Company (or any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents)) to you exceed the amount paid by you to the Company during the twelve (12) months prior to any claim of injury or damage.
9. Copyrights and Trademarks
The entire content included in the Network, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of the Company. The collective work includes proprietary information and works that are licensed to the Company, e.g. Investiv. Copyright 2006 through 2016. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively, the “Marks”) are trademarks or registered trademarks of and are proprietary to the Company, or other respective owners that have granted implicit legal copyright usage within the Network.
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless the Company (and any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents)) from and against all claims, liability, and expenses, including attorneys’ fees and legal fees and costs, arising out of your use of the Network, or your breach of any provision of this Agreement. The Company reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim. You further agree to pay all costs (including attorneys’ fees and expenses) incurred in collecting overdue subscription fees from you. You also agree to pay any fees that may be assessed in connection with any products, services, or information ordered by you and any related taxes.
You may contact the Company by sending electronic mail to email@example.com. We will contact you by sending electronic mail to the address you provide to us, or by posting a notice on the Network.
12. Entire Agreement
This Agreement and any rules posted on the Network by the Company constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either the Company or you of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be binding upon and inure to the benefit of the Company and its successors, trustees, and permitted assigns. The Company may assign this Agreement or any of its rights or obligations under this Agreement, with or without notice to you. Any such assignment by the Company does not relieve you of your obligations under this Agreement.