Acceptance of Terms
When you access investifinancial.com (inVesti), our Website,
Dashboards, or our Mobile Applications Service known collectively as
the “Platform;” you are agreeing to the following Terms and
Conditions, as well as the inVesti “User Agreement”. If you have any
questions, contact us at: info@ investifinancial.com.
General Information
inVestiFin LLC, a Delaware registered business that owns and operates
this platform.
In general, references to “inVesti” on the Platform refer to
“inVestiFin LLC”. However, for purposes of these Terms and Conditions,
the terms “inVesti” refers collectively to inVestiFin LLC, and their
respective affiliates, partners, agents, and employees.
Use of the inVesti Platform
The inVesti Platform is only intended for use by persons located in
the United States. inVesti makes no representation that the Platform
is available for use outside of this country and makes no
representations that accessing the Platform from locations outside the
United States is legal or permissible under local law.
When you use the publicly available portions of the Platform, you
agree that you are responsible for your own investment research and
decisions, that you will not rely on the Platform as the primary basis
for your investment decisions, and, except as otherwise provided
herein, inVesti is not be liable for any actions you take based on
information you receive via the publicly available portions of the
Platform.
The Platform is intended solely for individuals aged 18 or older and a
United States citizen. Any access to or use of the Platform by anyone
under 18 is unauthorized, unlicensed, and in violation of these Terms
and Conditions.
Access to the Platform
If there is a conflict between the Terms and Conditions and a Client
Agreement, the Client Agreement shall control. inVesti, to protect the
Platform reserves the right, in its sole discretion, to deny access to
the Platform, or any portion of it without notice and without reason.
These Terms and Conditions govern your access to and use of the
publicly available portions of the Platform; the Client Agreements
govern the provision of any investment advisory and brokerage
services.
Investment Tools and Model Predictions
inVesti makes no representation that any investment will or is likely
to achieve profits or losses similar to those achieved in the past, or
that significant losses will be avoided. Investing always involves
risk and any investments made on the inVesti Platform may lose
value.
inVesti also makes no representation regarding the likelihood or
probability that any actual or hypothetical investment will in fact
achieve a particular outcome or perform in any predictable manner. Any
historical return information on the Platform does not represent the
actual performance of any specific investor’s account and may not
reflect all factors that could impact such performance for an
individual investor. The return, composite, and performance
information shown on the Platform uses or includes information
compiled from third-party sources, including independent market
quotations and index information. inVesti believes the third-party
information comes from reliable sources but does not guarantee its
accuracy.
External Links
The Platform links to certain content that is supplied by third party
service providers that are not owned nor are they subsidiaries of
inVestiFin LLC. inVesti is not responsible for such content and does
not endorse or approve it. Such content may contain terms and
conditions, privacy provisions, confidentiality provisions, or other
provisions that differ from the terms and conditions applicable to the
inVesti Platform. inVesti assumes no responsibility or liability for
the accuracy, reliability, or opinions contained in such content. If
you decide to access such content, you do so at your own risk.
Conditions of Use
You agree that you will use the Platform solely for your own personal,
non-commercial use and will not attempt any malicious or negative
interference with the functions of the inVesti Platform in any way. By
utilizing the inVesti Platform, you agree that you will comply with
all applicable laws, and without limitation, any and all privacy laws,
anti-spam laws, intellectual property laws, export control laws, tax
laws, and regulatory requirements.
Access and Interference
You agree not to execute or engage in any of the following:
-
Post or transmit any file which contains viruses, worms, Trojan
horses, or any other malicious or destructive features, or that
otherwise interfere with the proper functions of the Platform.
-
Use any robot, spider, scraper, deep link or other similar
automated data gathering or extraction tools, program, algorithm
or methodology to access, acquire, copy or monitor the Platform or
any portion of the Platform, other than via software that sends
queries to the Platform to index or rank a website for search and
location purposes, without inVesti’s express written consent
(which may be withheld in inVesti’s sole discretion).
-
Attempt to decipher, decompile, disassemble, or reverse-engineer
any of the software comprising or in any way making up a part of
the Platform.
-
Use or attempt to use any engine, software, tool, agent, or other
device or mechanism (including without limitation browsers,
spiders, bots, or screen scrapers) to navigate or search the
Platform, other than the search engines and search agents
available through the Platform and other than generally available
third-party web browsers (such as Microsoft Explorer or Chrome).
Secured Areas
Access to and use of password protected and/or secure areas of the
Platform is restricted to authorized users only. Unauthorized persons
attempting to access these areas of the website may be subject to
legal action.
Communications with inVesti
Authorized employees or agents of inVesti may monitor and record all
or portions of your telephone calls, emails, text messages, chats and
other communications with inVesti for quality control, customer
service, employee training, security, legal, compliance, and other
lawful purposes. You hereby consent to such recording. That consent is
ongoing and need not be confirmed prior to, or during, such monitoring
or recording, except to the extent applicable law expressly requires
otherwise. inVesti may also archive your communications with inVesti
for regulatory and other purposes.
Limited Liability
THE FOLLOWING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION:
NEITHER INVESTI NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR
AGENTS SHALL BE LIABLE IN ANY WAY FOR ANY DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE, OR LOST
OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR THE
USE OF THE PLATFORM OR A LINKED WEBSITE (INCLUDING BUT NOT LIMITED TO
THE DELAY OR INABILITY TO USE THE PLATFORM OR A LINKED WEBSITE). THIS
LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARE
FORESEEABLE OR WHETHER INVESTI HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. IN NO EVENT SHALL INVESTI’S CUMULATIVE LIABILITY TO YOU
EXCEED U.S. $100.
No Warranties
All products, services, and content on the website are provided “as
is” without warranty of any kind, express or implied, including, but
not limited to, implied warranties of merchantability, fitness for a
particular purpose, title, non-infringement, security, or accuracy.
While inVesti makes every effort to update the platform, it
specifically disclaims any duty to do so, and it is your
responsibility to evaluate the accuracy, reliability, timeliness, and
completeness of any information available on the Platform. inVesti,
while again making every effort to ensure that the Platform will
operate error-free and/or that the Platform, its servers, or the
content are free of computer viruses or similar contamination or
destructive features, inVesti cannot guarantee this. If you use the
Platform, or rely on the information presented on it, you do so solely
at your own risk.
(Some states or jurisdictions do not allow the exclusion of certain
warranties. Accordingly, some of the above exclusions may not apply to
you).
Indemnification and Hold Harmless
You agree to indemnify, defend, and hold inVesti harmless from any
liability, loss, claim and expense, including attorney’s fees, related
to your violation of these Terms and Conditions or use of the
Platform. Nothing in these terms of use shall affect any non-waivable
statutory rights that apply to you. inVesti reserves the right to
assume the exclusive defense and control (at your expense) of any
matter that is subject to indemnification under this section. In such
case, you agree to cooperate with any reasonable requests in assisting
inVesti’s defense of such matter.
(Nothing in these terms of use shall affect any non-waivable statutory
rights that apply to you).
Choice of Law
All Website activity or use and these Terms and Conditions are
governed by the laws of the United States of America and the
applicable laws of the State of New York, without regard to conflict
of law principles. You agree that the federal court of the Southern
District of New York, if it has subject matter jurisdiction, will have
exclusive jurisdiction to hear and determine any claims or disputes
between you and inVesti, pertaining directly or indirectly to these
Terms and Conditions, or to any matter arising from these Terms and
Conditions, or any other document executed and delivered in connection
with these Terms and Conditions, the use of the Platform or the online
services offered by inVesti. If the federal court lacks subject matter
jurisdiction, any state court located in New York, New York, will have
exclusive jurisdiction to hear and determine such claims or disputes.
To the fullest extent permitted by applicable state and federal law,
you and inVesti each agree to waive the constitutional right to a
trial before a jury.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the
dispute between us and you individually. To the full extent permitted
by applicable law, (i) no arbitration or proceeding shall be joined
with any other; (ii) there is no right or authority for any dispute to
be arbitrated or resolved on a class action-basis or to utilize class
action procedures; and (iii) there is no right or authority for any
dispute to be brought in a purported representative capacity on behalf
of the general public or any other persons. You agree that you may
bring claims against us only in your individual capacity and not as a
plaintiff or class member in any purported class or representative
proceeding.
Waiver and Severability
Any waiver of any provision contained in these Terms and Conditions
shall not be deemed to be a waiver of any other right, term, or
provision of these Terms and Conditions. If any provision in these
Terms and Conditions is determined to be wholly or partially invalid,
illegal or unenforceable, such provision shall be enforced to the
extent it is legal and valid and the validity, legality and
enforceability of the remaining provisions shall in no way be affected
or impaired thereby.
Assignment
You may not assign these Terms and Conditions (by operation of law or
otherwise) without the prior written consent of inVesti, and any
prohibited assignment will be null and void. inVesti may assign these
Terms and Conditions or any rights hereunder without your consent.
Platform and Terms Subject to Change We reserve the right to change
these Terms and Conditions by posting a revised agreement. If you
don't agree with these changes, you must stop using the Platform. The
information on the Platform is subject to change without notice.
