Your Privacy: at Investea, we respect the privacy of our users. For more information please see our Privacy Policy and under the “Privacy policy” section of our mobile apps (the “Privacy Policy”). By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.
Additional Terms: in addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into these Terms of Service.
Service Description: The Service is designed to provide a unified dashboard for tracking cryptocurrency assets. Investea also offers additional paid services which may include, but are not limited to, projections of your potential investment gains based on reported transaction history, tax-related services, detailed transaction information, and an automated tool for assisting you with your cryptocurrency investments. Investea also offers referrals to regulated services, such as access to third-party tax professionals and associated platforms.
Your Registration Obligations: for some of our Services, you may be required to register with Investea or provide information about yourself (e.g. name and email address) in order to access and use certain features of the Service. Depending on the Services you choose, you may also provide other information, such as billing info and verification data or cryptocurrency wallet information. Upon registering, you are considered a “Member” of Investea. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Service. By using Investea as an individual, you represent and warrant that you are at least 18 years of age and may legally enter into a binding contract with Investea. We disclaim any liability for any misrepresentation of your or any other user’s age. You further represent and warrant that you are not prohibited from using Investea under the laws of the United States or any applicable jurisdiction.
Member Account, Password and Security: you are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Investea of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Investea will not be liable for any loss or damage arising from your failure to comply with this paragraph.
Modifications to Service: Investea reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Investea will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: you acknowledge that Investea may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Investea’s or its third-party service providers’ servers on your behalf. You agree that Investea has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Investea reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Investea reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Investea is not in the business of providing legal, tax, audit, accounting, or brokerage, nor other professional services or advice. Through your use of Investea, you acknowledge and agree that information provided by Investea is simply informational only, and should not be considered a substitute for the services or advice of a competent professional. Further, the information provided herein should not be taken as financial planning or investment solicitation. No fiduciary relationship has been created between you and Investea.
You hereby understand and acknowledge that through your use of Investea, you are not being represented by an attorney, certified financial planner, broker, nor other regulated advisor. Certain aspects of the Investea Services may provide access to such a professional (for example through a referral service by which Investea receives affiliation fees) or provide tax-related information, but if you are in need of legal or financial advice, including a review of any financial or tax decisions, we advise you to consult the appropriate advisor, such as your own attorney, accountant, or other professional.
We endeavor to keep Investea and the Services as secure as possible but you hereby acknowledge that no system involving the transmission of information via the Internet, or the electronic storage of data, is completely secure. We are not liable for any loss, theft, unauthorized access, disclosure, copying, use, or modification of your personal data that occurs outside our reasonable control. Investea also makes no warranties as to the reliability or accuracy, completeness, or quality of any information on Investea or obtained through the Services. you agree that Investea is not liable for any errors, omissions, loss or damage which may be caused by your use of Investea or Services, to the fullest extent permitted by law. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of Investea or Services is your sole responsibility.
Documents, information, or other Services received on or through Investea may not be appropriate for your particular situation, the assessment of which is your sole and exclusive responsibility.
Investea makes no assurances to any particular outcome based on your use of Investea or any of the Services, including business or financial outcomes. If you choose to purchase Investea’s automated investment Services, you acknowledge and agree that these Services may not be suitable for every investor and that you should always undertake to make your own investment decisions. You further agree that any projected returns shown through Investea’s Services may not be indicative of real-world results and that your investment returns or financial gains are not guaranteed in any way. Any representations of historical performance or projected performance are not warranted to be accurate or error-free.
The information provided by the Services is for information only and does not constitute, and should not be construed as, investment advice or a recommendation to buy, sell, or otherwise transact in any digital asset including any products or services or an invitation, offer or solicitation to engage in any investment activity with respect to any digital asset.
The digital assets about which information is provided via the Services are not viewed by the issuer or sponsor, or those buying or selling the digital asset, as securities under U.S. laws or relevant applicable laws. As a result, it is unlikely that fulsome disclosures from the issuer or sponsor, or any executive officer associated with the digital asset or related protocol have been provided, and others may have better or more information than the information made available to you via the Services or to which you may independently have access.
There are risks associated with investing in digital assets. Loss of principal is possible. Volatility is highly likely, and some of the protocols and platforms may fail entirely due to forking, flaws in the code, hacking, or other malicious attacks. Some high-risk investments may use leverage, which will accentuate gains and losses. A digital asset’s past investment performance is not a guarantee or predictor of future performance.
THESE TERMS DO NOT REPRESENT A COMPLETE STATEMENT OF RISK FACTORS ASSOCIATED WITH AN INVESTMENT IN ANY OF THE DIGITAL ASSETS OR PRODUCTS THAT MAY BE VIEWED OR TRACKED ON THIS SITE OR THROUGH THE SERVICE. YOU SHOULD CONSIDER THESE RISK WARNINGS CAREFULLY AND TAKE APPROPRIATE INVESTMENT ADVICE BEFORE TAKING ANY DECISION TO PURCHASE OR TRADE A DIGITAL ASSET.
Conditions of Access and UseUser Conduct: you are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to Investea, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Service or by emailing or otherwise making available to other users of the Service (collectively, “User Content”). The following are examples of the kinds of content and/or uses that are illegal or prohibited by Investea. Investea reserves the right to investigate and take appropriate legal action against anyone who, in Investea’s sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:
a. email or otherwise upload any content that (i) infringes any intellectual property or other
proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or
fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed
to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications
equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or
unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain
letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful,
harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene,
pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or
(vii) in the sole judgment of Investea, is objectionable or which restricts or inhibits any other person from
using or enjoying the Service, or which may expose Investea or its users to any harm or liability of any
type;
b. interfere with or disrupt the Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
c. violate any applicable local, state, national, or international law, or any regulations
having the force of law;
d. impersonate any person or entity, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
e. solicit personal information from anyone under the age of 18;
f. harvest or collect email addresses or other contact information of other users from the
Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited
communications;
g. advertise or offer to sell or buy any goods or services for any business purpose that is not
specifically authorized;
h. further or promote any criminal activity or enterprise or provide instructional information
about illegal activities;
i. obtain or attempt to access or otherwise obtain any content or information through any means
not intentionally made available or provided for through the Service;
j. circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in
or geographic restrictions on any content (including Service Content (as defined below)) available on or through
the Service, including through the use of virtual private networks; or
k. engage in or use any data mining, robots, scraping, or similar data gathering or extraction
methods. If you are blocked by Investea from accessing the Service (including by blocking your IP address), you
agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a
proxy IP address or virtual private network).
Competitors: no employee, independent contractor, agent, or affiliate of any competing provider of crypto asset management or tax compliance services is permitted to view, access, or use any portion of the Service without the express written permission from Investea. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of Investea or any of its affiliates, or acting on behalf of a competitor of Investea in using or accessing the Service.
Fees: to the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. You may also be asked to provide additional cryptocurrency portfolio and wallet information, and other information that will assist us in providing the Services to you. You may further be asked for API access for certain accounts, which may be aggregated for you on Investea. You represent and warrant to Investea that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with Investea or the Payment Processor (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Investea the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize Investea (through the applicable Payment Processor) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Investea know within thirty (30) days after the date that Investea charges you. We reserve the right to change Investea’s prices. If Investea does change prices, Investea will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means, at Investea’s option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on Investea’s net income.
Refunds, Cancellations, and Changes: payments made by you hereunder are final and non-refundable unless otherwise determined by Investea. If you would like to request a refund, you can contact us with your purchase receipt, your refund request, and your reason for the refund. Refunds are not possible once you have downloaded any of the tax forms or CSV files (including Transaction History CSV). You may cancel or manage your subscription online at any time.
Commercial Use: unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Electronic Communications: visiting or using the Services or sending emails to Investea constitute electronic communications. By visiting the Site, using the Services, or sending emails to the Investea, you consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, or on the Services, satisfy any legal requirement that such communications be in writing.
Mobile Services: the Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device, and (iii) the ability to access certain features and content through Mobile Apps (collectively, the “Mobile Services”).
Mobile App License: subject to these Terms of Service, Investea hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the Mobile App on one mobile device and (b) use the Mobile App for your own personal use solely to access and use the Service. For clarity, the foregoing is not intended to prohibit you from installing the Mobile App on another device on which you also agreed to these Terms of Service. Each instance of these Terms of Service that you agree to in connection with downloading a Mobile App grants you the aforementioned rights in connection with the installation and use of the Mobile App on the applicable device.
Ownership; Restrictions: the technology and software underlying the Service or distributed in connection therewith are the property of Investea, its affiliates, and its licensors, including the Mobile Apps (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the software. Any rights not expressly granted herein are reserved by Investea.
Special Notice for International Use; Export Controls: Investea is headquartered in the United States. If you access or use the Service from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of US export laws. Downloading or using the Software is at your sole risk.
Third-Party Distribution Channels: Investea offers software that may be made available through the Apple App Store, the Google Play Store, third-party tax software, or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Service, you agree to comply with all applicable terms of any agreement for such third-party products and services.
Apple-Enabled Software: with respect to Mobile Apps that are made available for your use in connection with an Apple-branded product (the “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
• Investea and you acknowledge that these Terms of Service are concluded between Investea and you only, and not with
Apple Inc. (“Apple”) and that as between Investea and Apple, Investea, not Apple, is solely responsible for the
Apple-Enabled Software and the content thereof.
• You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the
Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services
Terms and Conditions.
• Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the
Apple-Enabled Software on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in
the Apple Media Services Terms and Conditions, except that such Apple-Enabled Software may be accessed and used
by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs.
• Apple has no obligation whatsoever to provide any maintenance or support services with respect to the
Apple-Enabled Software.
• Apple is not responsible for any product warranties, whether express or implied by law. In the event of any
failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple
will refund the purchase price for the Apple-Enabled Software, if any, to you; and, to the maximum extent
permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the
Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to
any failure to conform to any warranty, which will be Investea’s sole responsibility, to the extent it cannot be
disclaimed under applicable law.
• Investea and you acknowledge that Investea, not Apple, is responsible for addressing any claims of you or any
third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software,
including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any
applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or
similar legislation.
• In the event of any third-party claim that the Apple-Enabled Software or your possession and use of that
Apple-Enabled Software infringe that third party’s intellectual property rights, as between Investea and Apple,
Investea, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any
such intellectual property infringement claim.
• You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government
embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are
not listed on any U.S. Government list of prohibited or restricted parties.
• If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be
directed to Investea.
• You must comply with applicable third-party terms of agreement when using the Apple-Enabled Software, e.g.,
your wireless data service agreement.
• Investea and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of
these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms
and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the
right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third-party
beneficiary thereof.
Google-Sourced Software: The following applies to any Mobile App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms of Service are between you and Investea only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Investea, and not Google, is solely responsible for Investea’s Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Service; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms of Service as it relates to Investea’s Google-Sourced Software.
Open Source Software: the Software may contain or be provided together with open-source software. Each item of open source software is subject to its own license terms. If required by any license for particular open-source software, Investea makes such open-source software, and Investea’s modifications to that open source software (if any), available by written request to our contact us page. Copyrights to the open-source software are held by the respective copyright holders indicated therein.
Service Content: you acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Investea, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.
Trademarks: the Investea name and logos are trademarks and service marks of Investea (collectively the “Investea Trademarks”). Other Investea, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Investea. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Investea Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Investea Trademarks will inure to our exclusive benefit.
Third-Party Material: under no circumstances will Investea be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Investea does not pre-screen content, but that Investea and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Investea and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Investea, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content: you represent and warrant that you own all right, title and interest in and to such user content, including all copyrights and rights of publicity contained therein. You hereby grant Investea and its affiliated companies, successors, and assigns the following non-exclusive, worldwide, royalty-free, fully paid-up, transferable licenses:
• The irrevocable, perpetual license to use, distribute, reproduce, modify, adapt, publish, translate, publicly
perform and/or publicly display any other content submitted or made available for inclusion on the publicly
accessible areas of Investea, whether in whole or in part, and the incorporation of any such content into other
works in any arrangement or medium current used or later developed.
• The license to use, for the sole purposes of providing the Services to you, any financial or cryptocurrency
information you may provide to us, including but not limited to prior history of cryptocurrency investing,
personal cryptocurrency portfolio data, and prior tax information. This license is revocable by you at any time
and will expire upon termination of these Terms of Service. You hereby expressly consent to allow us to use any
personal information for the sole and express purpose of providing the Services to you. If you purchase any paid
Services through which Investea agrees to rebalance, through its automated investment tool, your cryptocurrency
portfolio or portfolios, you hereby consent to and authorize Investea to manage your portfolio or portfolios in
such capacity.
You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality, and appropriateness of your User Content.
You hereby authorize Investea and its third-party service providers to derive statistical and usage data relating to your use of the Service (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.
We provide an area for our users and Members to contribute feedback to our website and apps. Any questions, comments, suggestions, ideas, documents, feedback, reviews, proposals, or other information about the Service (“Submissions”), provided by you to Investea are non-confidential and Investea will be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.
You acknowledge and agree that Investea may preserve user content and may also disclose user content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Investea, its users, or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Investea respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Investea of your infringement claim in accordance with the procedure set forth below.
The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Additionally, you may enable or log in to the Service via various online Third-Party Services, such as third-party tax software providers, crypto service providers, or banks, and social media or social networking services like Twitter, LinkedIn, and Reddit. Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage, and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy. Investea has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Investea, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Investea enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. Investea will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Third-Party Services.
Investea receives affiliation fees from third-party businesses through referral links on the Investea website or app. We recommend products and services based on the anticipated needs of our users and will always make clear when we receive a commission, referral, or other fee based on those recommendations.
You agree to defend, indemnify, and hold harmless Investea, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Investea Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Investea Party from or against any liability, losses, damages, or expenses incurred as a result of any gross negligence or willful misconduct of such Investea Party. Investea will provide notice to you of any such claim, suit, or proceeding. Investea reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Investea’s defense of such matter. You may not settle or compromise any claim against the Investea Parties without Investea’s written consent.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE INVESTEA PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE INVESTEA PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM INVESTEA OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE INVESTEA PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE INVESTEA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE INVESTEA PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID INVESTEA IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SHOULD YOU INTEND TO CREATE OR TO JOIN ANY SERVICE, RECEIVE OR REQUEST ANY NEWS, MESSAGES, ALERTS OR OTHER INFORMATION FROM US OR OUR SERVICES CONCERNING COMPANIES, STOCK QUOTES, INVESTMENTS OR SECURITIES, PLEASE REVIEW THE SECTIONS ON DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY HEREIN. IN ADDITION, FOR THIS PARTICULAR TYPE OF INFORMATION, THE PHRASE "LET THE INVESTOR BEWARE" IS APPROPRIATE. INVESTEA'S CONTENT IS PROVIDED PRIMARILY FOR INFORMATIONAL PURPOSES ONLY. THE SERVICES SHALL NOT BE A SUBSTITUTE FOR TRADING ADVICE, INVESTMENT ADVICE, LEGAL ADVICE, OR TAX ADVICE FROM A LICENSED PROFESSIONAL. CERTAIN OF THE PAID SERVICES MAY PROVIDE ACCESS TO AN ADVISOR, BUT INVESTEA AND OUR LICENSORS SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION TRANSMITTED AND/OR MADE AVAILABLE BY WAY OF OUR SERVICES, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY TRADING AND/OR INVESTMENT DECISIONS BASED ON ANY SUCH INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
a. Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the
“Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you
and Investea, whether arising out of or relating to these Terms of Service (including any alleged breach thereof),
the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved
exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this
Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims
qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of
federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your
behalf. You agree that, by entering into these Terms of Service, you and Investea are each waiving the right to a
trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a
judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration
Agreement.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND INVESTEA AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND
INVESTEA AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND
MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE
ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE
INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S
INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE
RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
c. Pre-Arbitration Dispute Resolution
Investea is always interested in resolving disputes amicably and efficiently, and most customer concerns can be
resolved quickly and to the customer’s satisfaction by contacting us. If such efforts prove unsuccessful, a
party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of
Dispute (“Notice”). The Notice to Investea should also be sent to our contact us page (“Notice Address”). The
Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief
sought. If Investea and you do not resolve the claim within sixty (60) calendar days after the Notice is received,
you or Investea may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer
made by Investea or you will not be disclosed to the arbitrator until after the arbitrator determines the amount,
if any, to which you or Investea is entitled.
d. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s
(“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as
modified by this Arbitration Agreement. If there is any inconsistency between any term of the AAA Rules and any
term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the
arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a
fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a
court would. All issues are for the arbitrator to decide, including issues relating to the scope,
enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually
simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same
damages and relief on an individual basis that a court can award to an individual under these Terms of Service
and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only
for very limited reasons.
e. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be
governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief
sought is $75,000 or less, at your request, Investea will pay all Arbitration Fees. If the value of relief sought
is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay
your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should
not be required to pay your portion of the Arbitration Fees, Investea will pay your portion of such fees. In
addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to
the costs of litigation, Investea will pay as much of the Arbitration Fees as the arbitrator deems necessary to
prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA
Rules.
f. Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be
strictly confidential for the benefit of all parties.
g. Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the
subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief”
above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision
that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable
term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the
arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and
Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this
Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable
solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will
continue to apply.
h. Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms of Service to the contrary, Investea agrees that if it makes any
future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of
the Service, you may reject any such change by sending Investea written notice within thirty (30) calendar days of
the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will
arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date
you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
You agree that Investea, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if Investea believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. Investea may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Investea may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Investea will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service, and Investea will have no liability or responsibility with respect thereto. Investea reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and Investea governing your access and use of the Service, and supersede any prior agreements between you and Investea with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Investea submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco, California. The failure of Investea to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree 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 Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Investea, but Investea may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, 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.” Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. Investea will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Investea’s reasonable control.