Terms and Conditions Agreement
THIS IS A LEGAL AGREEMENT BETWEEN YOU ("YOU" OR "USER") AND INVESTNEST, INC. ("WE", "US", "INVESTNEST") THAT STATES THE MATERIAL TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE INVESTNEST SERVICE. THIS AGREEMENT, TOGETHER WITH ALL UPDATES, SUPPLEMENTS, ADDITIONAL TERMS, SOFTWARE LICENSES, PROMOTIONAL OFFER TERMS AND ALL OF INVESTNEST’S RULES AND POLICIES COLLECTIVELY CONSTITUTE THIS "AGREEMENT" BETWEEN YOU AND INVESTNEST. BY ACCESSING THE INVESTNEST.COM WEBSITE AND USING ANY OF THE INVESTNEST SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT
1. Your Acceptance
A. By using and/or visiting this website (collectively, including all content and functionality available through the InvestNest.com domain name hereinafter known as the "InvestNest Website", "InvestNest.com Website", or "Website"), you signify your agreement to: (1) these terms and conditions (the "Terms of Service"); and (2) InvestNest's privacy notice, found at http://www.InvestNest.com/privacy and incorporated here by reference. If you do not agree to the InvestNest Terms and Conditions, or the InvestNest privacy notice, please do not use the InvestNest Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.InvestNest.com/terms). InvestNest may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. InvestNest Website
A. These Terms of Service apply to all users of the InvestNest Website, including users who are also contributors of video content, information, and other materials or services on the Website. The InvestNest Website includes all aspects of InvestNest, including but not limited to all products, software and services offered via the website such as the InvestNest Video Channels, InvestNest Audio Channels, InvestNest Tools, InvestNest Bookstore, InvestNest Blogs, and other applications.
B. The InvestNest Website may contain links to third party websites that are not owned or controlled by InvestNest. InvestNest has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, InvestNest will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve InvestNest from any and all liability arising from your use of any third-party website.
C. Accordingly, we encourage you to be aware when you leave the InvestNest Website and to read the terms and conditions and privacy policy of each other website that you visit.
D. InvestNest is the creator and provider of a bookstore that permits users to select proprietary audio consisting of licensed and original audio content (collectively, the "Audio Content") through the InvestNest Website and InvestNest Bookstore.
3. InvestNest Accounts
A. In order to access some features of the Website, you will have to create an InvestNest account. You may never use another individual's account without permission. You agree to provide current, complete, and accurate information required to complete your registration with the InvestNest Service and at other points as may be required in the course of using the InvestNest Service (such information will be referred to herein, collectively, as "Registration Data"). You further agree to maintain and update Registration Data as required to keep it current, complete, and accurate. You shall not use a false or misleading name or a name that you are not authorized to use. If any information you provide is false, incomplete, or inaccurate, we may terminate your rights to any or all of the InvestNest Service. If the information you provide is fraudulent, you may also be subject to criminal and/or civil liability. You agree that we may store and use Registration Data you provide (including credit card information) for use in maintaining your accounts and billing InvestNest fees to your credit card.
B. Although InvestNest will not be liable for your losses caused by any unauthorized use of your account; you may be liable for the losses of InvestNest or others due to such unauthorized use.
C. As a registered user of the InvestNest Service, you may receive or establish one or more passwords and accounts ("InvestNest Account(s)"). You are solely responsible for maintaining the confidentiality and security of your passwords and InvestNest Accounts. You may not divulge your password to anyone else or use anyone else's password or InvestNest Account. You are entirely responsible for all activities that occur on or through your InvestNest Account(s), and you agree to notify us immediately about any unauthorized use of InvestNest Accounts or any breach of security. You agree that we will not be responsible for any losses incurred in connection with any misuse of passwords and you further agree that we will have no responsibility whatsoever for your failure to comply with this Paragraph. Your breach of this Paragraph may result in immediate termination of your InvestNest Account(s), and may also subject you to criminal or civil liability.
D. You shall not violate or attempt to violate the security of the InvestNest Service. Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; or (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or operation which may be transferred to your computer via the InvestNest Service.
4. General Use of the Website—Permissions and Restrictions
InvestNest hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without InvestNest's prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to InvestNest's Player or any of its related technologies.
C. You agree not to access User Submissions (defined below) or InvestNest Content through any technology or means other than the video playback pages of the Website itself, the InvestNest Player, or other explicitly authorized means InvestNest may designate.
D. You agree not to use the Website, including the InvestNest Player for any commercial use, without the prior written authorization of InvestNest. Prohibited commercial uses include any of the following actions taken without InvestNest's express approval:
* sale of access to the Website or its related services on another website;
* use of the Website or its related services, for the primary purpose of gaining advertising or subscription revenue;
* the sale of advertising, on the InvestNest Website or any third-party website, targeted to the content of specific User Submissions or InvestNest content;
* and any use of the Website or its related services that InvestNest finds, in its sole discretion, to use InvestNest 's resources or User Submissions with the effect of competing with or displacing the market for InvestNest, InvestNest content, or its User Submissions.
E. You agree not to use or launch any automated system, including without limitation, "robots", "spiders", or "offline readers", which accesses the Website in a manner that sends more request messages to the InvestNest servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, InvestNest grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. InvestNest reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
F. In your use of the Website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
G. InvestNest reserves the right to discontinue any aspect of the InvestNest Website at any time.
5. InvestNest Bookstore Audio Content – Permissions and Restrictions
A. Audio Content License. When you "clickout" or otherwise "purchase" (referred to herein, collectively as "Purchase") Audio Content from the InvestNest Website, InvestNest grants you a limited, revocable, non-exclusive, non-transferable license to download or stream such Audio Content to your computer and/or your Device(s) solely for your personal non-commercial use. You shall not copy, reproduce, distribute or use the Audio Content in any other manner. You shall not sell, transfer, lease, modify, distribute or publicly perform the Audio Content in any manner and you shall not exploit it commercially. Do not: (a) decompile, disassemble, or reverse engineer the Audio Content or attempt to do so; or (a) modify the Audio Content or create any derivative works therefrom. This license to the Audio Content you Purchase will continue for as long as your copy of Audio Content exists pursuant to and in accordance with the terms and conditions of this Agreement.
B. A La Carte Audio Content from Bookstore. You may purchase Audio Content on an A La Carte basis, or by participating in our gold membership that we offer.
C. Cancellation of your InvestNest Plan. You may cancel your subscription as a gold member online or by contacting our Customer Service Department via email at customerservice@InvestNest.com.
D. Right to Change Prices. Prices of all Audio Content, including but not limited to Subscriptions, are subject to change upon notice from us. Such notice may be provided at any time by posting the changes to the InvestNest Site. Prices of Membership Plans are subject to change upon notice via email to you. In the event of such a change, you will have the right to cancel your Gold Membership Plan without penalty within ten (10) days of receipt of notice, effective as of the date of the next billing cycle.
E. Agreement to Pay. You agree that you will pay timely, and that we may charge your credit card for any Audio Content, Subscription, InvestNest Plan, Device, accessory, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your InvestNest Account(s) (collectively, "InvestNest Fees"). YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL INVESTNEST FEES AND FOR PROVIDING INVESTNEST WITH A VALID CREDIT CARD FOR PAYMENT OF ALL INVESTNEST FEES. All InvestNest Fees will be billed to the credit card you designated during the registration process. If you want to designate a different credit card or there is a change in your credit card status, you must change your credit card information online at the InvestNest Website or by contacting Customer Service. (There may be a temporary disruption in the ability to use the InvestNest Service until InvestNest can verify the validity of the new credit card information.) You agree that InvestNest may use all legal means available to collect InvestNest Fees should our attempts to charge your credit card on record fail for any reason. InvestNest will charge you for any collection agency and legal fees it pays while collecting InvestNest Fees from you.
F. InvestNest Gold Membership Plan. The InvestNest Gold Membership Plan is comprised of a plan that is automatically renewable on either a monthly, semi-annually, or annual basis. Your InvestNest Gold Membership Plan will automatically renew continuously for one (1) month, six (6) months, or one (1) year terms thereafter, until terminated by you in accordance with this Policy on Audio Content Plans. Each month, on the monthly anniversary date of the day you signed up for any monthly InvestNest Gold Membership Plan ("Monthly Renewal Date"), each 6 months, on the 6 month anniversary date of the day you signed up for any semi-annually InvestNest Gold Membership Plan ("Semi-Annually Renewal Date") and each year, on the yearly anniversary date of the day you signed up for any yearly InvestNest Gold Membership Plan ("Yearly Renewal Date"), InvestNest will charge your credit card the relevant monthly fee, semi-annually fee, or yearly fee, as applicable, for your chosen InvestNest Gold Membership Plan (the "Monthly Fee", "Semi-Annually Fee", "Yearly Fee" respectively).
G. Cancellation of Your Audio Content Plan. Subject to the provisions of this Paragraph G, you may cancel your InvestNest Gold Membership Plan online or by contacting the InvestNest Customer Service Department via email at customerservice@InvestNest.com. InvestNest will be entitled to rely on a notice of cancellation that appears legitimate and cancel service on that basis. InvestNest will need a 30 day notice in order to cancel any subscriptions. InvestNest’s responsibility for improper cancellation is limited to reinstating your InvestNest Plan or to offering a refund, at InvestNest’s sole discretion. Members belonging to monthly InvestNest Gold Membership Plan may cancel their membership at any time. Members will not receive a full or partial refund of any Fees including, without limitation, the Fees for the month in which the membership was cancelled. Upon cancellation: (a) all available Credits, other than Gift Credits or Complimentary Credits, will expire; and (b) all complimentary Subscriptions will expire. Semi-Annual or Annual Membership Plans, whether standard or committed, may only be cancelled to receive a refund within the first thirty (30) days after the Annual Renewal Date, so long as you have not used any of your Membership Credits or your membership discount for your new membership year during such thirty (30) day period. The Semi-Annual Fee or Yearly Fee for InvestNest Gold Membership Plans is otherwise non-refundable. Upon cancellation: (a) all available Credits, other than Gift Credits or Complimentary Credits, will expire; and (b) all complimentary Subscriptions will expire.
6. Electronic Signatures and Contracts
A. Your use of the InvestNest Service includes the ability to enter into agreements and/or to make Purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR YOUR PURCHASES AND APPLIES TO ALL ELECTRONIC COMMUNICATIONS AND RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE.
YOU CONSENT TO INVESTNEST PROVIDING YOU ANY INFORMATION THAT INVESTNEST IS REQUIRED TO SEND YOU REGARDING YOUR AGREEMENT, PURCHASES AND OTHER TRANSACTIONS ("REQUIRED INFORMATION") IN ELECTRONIC FORM. INVESTNEST MAY PROVIDE REQUIRED INFORMATION TO YOU: (1) VIA E-MAIL AT THE E-MAIL ADDRESS YOU SPECIFIED IN YOUR INVESTNEST MEMBERSHIP SUBMISSION; (2) BY ACCESS TO AN INVESTNEST WEBSITE THAT WILL BE DESIGNATED IN AN E-MAIL NOTICE SENT TO YOU AT THE TIME THE INFORMATION IS AVAILABLE; OR (3) BY ACCESS TO AN INVESTNEST WEBSITE THAT WILL BE GENERALLY DESIGNATED IN ADVANCE FOR SUCH PURPOSE. YOU MAY REQUEST PAPER COPIES, WITHDRAW YOUR CONSENT, OR UPDATE YOUR E-MAIL ADDRESS AT http://www.InvestNest.com. INVESTNEST MUST RECEIVE YOUR PAPER COPY REQUEST WITHIN 120 DAYS FROM THE DATE THAT INVESTNEST FIRST PROVIDED THE REQUIRED INFORMATION TO YOU.
B. IN ORDER FOR YOU TO ACCESS AND RETAIN YOUR ELECTRONIC RECORDS, YOU MUST HAVE THE FOLLOWING HARDWARE AND SOFTWARE: A COMPUTER CAPABLE OF READING TEXT FILES, A MODEM OR OTHER MEANS OF ACCESSING THE INTERNET, AND A BROWSER CAPABLE OF ACCESSING AND DISPLAYING WEB PAGES. NOTWITHSTANDING YOUR CONSENT AS SET FORTH IN THIS SECTION, YOU MAY AT ANY TIME OBTAIN A PAPER COPY OF AN ELECTRONIC RECORD BY SENDING AN E-MAIL TO US AND PAYING A NOMINAL FEE PER COPY. YOUR CONSENT TO ELECTRONIC AGREEMENTS SET FORTH ABOVE IS NECESSARY FOR USE OF THE INVESTNEST SERVICE. YOU MAY WITHDRAW CONSENT BY SENDING INVESTNEST AN E-MAIL CONTAINING INFORMATION UNIQUE TO YOU INCLUDING YOUR ACCOUNT INFORMATION; HOWEVER, THIS WILL RESULT IN A TERMINATION OF THIS AGREEMENT AND OF YOUR ABILITY TO USE THE INVESTNEST SERVICE.
7. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the InvestNest Website.
A. The content on the InvestNest Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to InvestNest, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. InvestNest reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions for your information and personal use solely as intended through the provided functionality of the InvestNest Website. You shall not copy or download any User Submission.
C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the InvestNest Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the InvestNest Website or otherwise as prohibited under this Agreement.
D. You may access InvestNest Content, User Submissions and other content only as permitted under this Agreement. InvestNest reserves all rights not expressly granted in and to the InvestNest Content and the InvestNest Website.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the InvestNest Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the InvestNest Website or the Content therein.
G. You understand that when using the InvestNest Website, you will be exposed to User Submissions from a variety of sources, and that InvestNest is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against InvestNest with respect thereto, and agree to indemnify and hold InvestNest, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
8. Your User Submissions and Conduct
A. As an InvestNest account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, InvestNest does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize InvestNest to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to InvestNest, you hereby grant InvestNest a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the InvestNest Website and InvestNest's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the InvestNest Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the InvestNest Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the InvestNest Website. You understand and agree, however, that InvestNest may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant InvestNest all of the license rights granted herein.
E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the InvestNest Terms and Conditions, found at http://www.InvestNest.com/terms, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
F. InvestNest does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and InvestNest expressly disclaims any and all liability in connection with User Submissions. InvestNest does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and InvestNest will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. InvestNest reserves the right to remove Content and User Submissions without prior notice.
9. Account Termination Policy
A. InvestNest will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. InvestNest reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. InvestNest may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
C. If you fail, or we suspect that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of InvestNest Fees due, failure to provide InvestNest with a valid credit card or with accurate and complete Registration Data, failure to safeguard your InvestNest Account information and password, or violation of the Audio Content License or any license to InvestNest Software, InvestNest, at its sole discretion, may: (a) terminate this Agreement and/or your InvestNest Account and you will remain liable for all amounts due under your InvestNest Account up to and including the date of termination; and/or (b) terminate the Audio Content License, the InvestNest Site Access License and/or licenses to InvestNest Software; and/or (c) preclude access to the InvestNest Service (or any part thereof). We will notify you if we take any of the foregoing actions.
D. We reserve the right to modify, suspend or discontinue the InvestNest Service (or any part thereof) or any Audio Content (or any part thereof) at any time with or without notice to you, and we will not be liable to you or to any third party should we exercise such rights. In the event that we exercise such right, you may be entitled to a refund, in our sole discretion, depending upon your InvestNest Plan and the other Purchases you have made from the InvestNest Service.
10. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
* Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
* Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
* A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
* A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
InvestNest's designated Copyright Agent to receive notifications of claimed infringement is: Vincent Lum, 39 California Avenue, Suite 208, Pleasanton, CA 94566, email: copyright@InvestNest.com, fax: 925-476-0139. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to InvestNest customer service. You acknowledge that if you fail to comply with all of the requirements of this Section 10, your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
* Your physical or electronic signature;
* Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
* A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
* Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, InvestNest may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at InvestNest's sole discretion.
11. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE INVESTNEST WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, INVESTNEST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. INVESTNEST MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (VI) 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 CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE INVESTNEST WEBSITE. INVESTNEST DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE INVESTNEST WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND INVESTNEST WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. INVESTNEST WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY INVESTMENTS MADE BY ITS MEMBERS WITH ANY THIRD PARTY COMPANY. INVESTNEST ENCOURAGES ALL OF THEIR MEMBERS TO DO THEIR OWN DUE DILLIGENCE BEFORE MAKING ANY TYPE OF INVESTMENT.
12. Limitation of Liability
IN NO EVENT SHALL INVESTNEST, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE INVESTNEST WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT INVESTNEST SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by InvestNest from its facilities in the United States of America. InvestNest makes no representations that the InvestNest Website is appropriate or available for use in other locations. Those who access or use the InvestNest Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
13. Indemnity
You agree to defend, indemnify and hold harmless InvestNest, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the InvestNest Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the InvestNest Website.
14. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 18, as the InvestNest Website is not intended for children under 18. If you are under 18 years of age, then please do not use the InvestNest Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
15. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by InvestNest without restriction.
16. General
You agree that: (i) the InvestNest Website shall be deemed solely based in California; and (ii) the InvestNest Website shall be deemed a passive website that does not give rise to personal jurisdiction over InvestNest, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and InvestNest that arises in whole or in part from your use of the InvestNest Website shall be decided exclusively by a court of competent jurisdiction located in Alameda County, California. These Terms of Service, together with the Privacy Notice at http://www.InvestNest.com/privacy and any other legal notices published by InvestNest on the Website shall constitute the entire agreement between you and InvestNest concerning the InvestNest Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and InvestNest's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. InvestNest reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the InvestNest Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND INVESTNEST AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE INVESTNEST WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
