Terms and Conditions
Covestor Ltd (“Covestor”) provides the Covestor web site (the “Site”) for informational purposes only. Your access to the Site is subject to the terms, conditions and disclaimers appearing on the Site ("Terms and Conditions"), and all applicable laws. By accessing, browsing and/or using the Site, you accept, without limitation or qualification, these Terms and Conditions of the Site. Please review carefully all the Site's Terms and Conditions before agreeing to them and accessing the Site by clicking on each of the hyperlinks appearing below and reviewing all of the linked Terms and Conditions:
Use of Information and Materials
The purpose of the Covestor website is to act as a forum for Covestor participants to post and exchange participant-supplied ideas and information only--in the same manner ideas and other information is exchanged in the letters to the editors section of a newspaper. Just like a newspaper, such information does not reflect the opinion or other information of Covestor and/ or us, and we do not undertake to review any such information before or after it is posted. Accordingly, we do not warrant or guarantee the accuracy, timeliness, completeness, sequence or adequacy of any information participants post on the Covestor website.
Covestor makes no Guarantee of Validity
Covestor is an online open-content collaborative effort--a voluntary association of individuals and groups who are developing a common resource of information. The structure of Covestor allows any participant with an Internet connection and World Wide Web browser to post to its website. Please be advised that nothing found here has necessarily been reviewed by professionals with the expertise required to provide you with complete, accurate or reliable information.
That is not to say that you will not find valuable and accurate information in Covestor. However, Covestor cannot guarantee the validity of the information found here.
Each and every transaction, idea, view, opinion and/or other information concerning any company, property, product, service, security, instrument or any other matter (collectively, "information") submitted by a Covestor participant for posting on the Covestor website is solely that of the participant, and does not reflect any information of Covestor and/ or its officers, employees, partners, suppliers and agents (collectively, "we" or "us").
No Covestor Advice, Endorsement or Special Relationship
Covestor is not providing investment, tax or legal advice, acting as a fiduciary or endorsing any company, property, product, service, security, instrument, or any other matter by posting any participant submitted information on its website. The information and data posted on this website is not intended for any purpose other than your personal consideration in light of other publicly disseminated data. Any price or other information posted on this website by participants or Covestor may be delayed by minutes or more, and/or may be incorrect or inaccurate. There is a risk that Covestor participants may supply this site with inaccurate, misleading and/ or false information.
Any participant may view the information posted on the Covestor website for informational purposes only. No part of this information may be redistributed, copied, or reproduced without our prior written consent. The information contained in this website is subject to change without notice.
The information posted on the site: (i) is not, and should not be deemed, an offer to sell, or a solicitation of an offer to buy, any securities or any other instruments, property or anything of value by anyone in any jurisdiction; and (ii) should not be used by others in connection with any sale, offer for sale or solicitation of an offer to buy securities or any other instruments, property or anything of value.
We shall have no liability for investment or other decisions based upon any of this information and/or decisions based upon a contrarian view of any of this information. We specifically disclaim any and all liability or loss arising out of any action taken in reliance on this information, including but not limited to market value loss on the sale or purchase of any company, property, product, service, security, instrument, or any other matter.
Past performance may not be indicative of future investment results. Any investment involves potential risk, including potential loss of capital. Please consult your legal, tax and financial advisors.
Your use of the hyperlinks on this website to other Internet sites is at your own risk. We are not responsible for third party sites hyperlinked from this website, nor do we make any endorsements or warranties, express or implied, with respect to the content of third party websites or the products or services offered on any third party websites, including but not limited to accuracy, completeness, reliability, suitability, non-infringement, merchantability or fitness for a particular purpose. We do not warrant or represent that any third party site or the content thereon, is devoid of viruses or other contamination. We do not guarantee the authenticity of documents available on the Internet. We reserve the right to terminate any link at any time.
No Covestor Warranties
THE SITE AND THE INFORMATION CONTAINED ON THE SITE OR ACCESSED THROUGH THE SITE ARE PROVIDED “AS-IS” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COVESTOR AND PARTICIPANTS ASSUME NO OBLIGATION, AND DISCLAIMS ANY DUTY, TO UPDATE THE INFORMATION.
COVESTOR AND PARTICIPANTS MAKE NO WARRANTIES REGARDING THE TIMELINESS, ACCURACY, COMPLETENESS, RELIABILITY, SUITABILITY OR ADEQUACY OF THE INFORMATION, SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS CONTAINED ON THE SITE. COVESTOR DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE, THAT THE SITE WILL CALCULATE MATHEMATICAL AND/OR FINANCIAL CALCULATIONS CORRECTLY, THAT THE SITE WILL OPERATE FREE OF “BLACK OUT” PERIODS, OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ITEMS. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE REMAINS WITH YOU.
Limitation of Covestor Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COVESTOR, ITS AFFILIATES, THE PARTICIPANTS OR ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DAMAGES INCURRED BY YOU AS A RESULT OF YOUR USE OF THE SITE OR THE INFORMATION. WITHOUT LIMITATION, THEY SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS OR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, COSTS ASSOCIATED WITH RECREATING LOST DATA, THE COST OF ANY SUBSTITUTE PROGRAM OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SITE OR THE INFORMATION, WHETHER RESULTING FROM IMPAIRED OR LOST DATA, OR ANY OTHER CAUSE, EVEN IF COVESTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SITE MAY PROVIDE INFORMATION FROM OR REGARDING CERTAIN BROKERAGE COMPANIES FOR YOUR CONVENIENCE ONLY. COVESTOR IS NOT A REGISTERED BROKER-DEALER AND DOES NOT ENDORSE OR RECOMMEND THE SERVICES OF ANY BROKERAGE COMPANY. THE BROKERAGE COMPANY YOU SELECT (AND NOT COVESTOR) IS SOLELY RESPONSIBLE FOR ITS SERVICES TO YOU, THE USER. COVESTOR SHALL NOT BE LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OF ANY BROKERAGE COMPANY.
THE INFORMATION AVAILABLE OR OBTAINED THROUGH THE SITE MAY BE SUBJECT TO ADDITIONAL DISCLAIMERS AND LIMITATIONS CONTAINED THEREIN.
Malicious Statements and other Negative Information
You agree that you shall not submit information for posting on the Site that a reasonable person likely would find libelous, fraudulent or otherwise materially objectionable, or that in fact is libelous, fraudulent or otherwise materially objectionable.
Indemnification of Covestor for your Improper Use
You agree to indemnify, defend and hold us harmless from and against any and all of your or any third party claims, liability, damages and costs (including, but not limited to, attorneys' fees) arising from your improper use of the Site or the Information, your violation of any Terms and Conditions, or your improper infringement of any protected intellectual property or other rights of any person or entity.
Submissions
You may choose to provide us information we will use to verify your trading activity, and/or to retrieve your account activity. Such information may include: brokerage trade confirmations and statements or access information to retrieve your trading records with your Broker in order for us to verify some of your submissions. (“Verification Information”) This Verification Information allows us to provide the services you have requested.
You agree that such Verification Information and use of the Site is subject to the following terms:
Provide Accurate Information. You, the end user, agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
Proprietary Rights. You are permitted to use content delivered to you through the service only on the service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the service technology, including but not limited to, any Java applets associated with the service.
Content You Provide. You are licensing to Covestor and its service providers, including Yodlee, Inc. (“Yodlee”), any information, data, passwords, materials or other content (collectively, “Content”) you provide through or to the service. Covestor and Yodlee may use, modify, display, distribute and create new material using such Content to provide the service to you. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, Covestor and Yodlee may use the Content for the purposes set out above. As between Covestor and Yodlee, Covestor owns your confidential account information.
Third Party Accounts. By using the service, you authorize Covestor and Yodlee to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant Covestor and Yodlee a limited power of attorney, and you hereby appoint Covestor and Yodlee as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN COMPANY OR YODLEE ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, COVESTOR AND YODLEE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the service is not endorsed or sponsored by any third party account providers accessible through the service.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COVESTOR AND YODLEE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
COVESTOR AND YODLEE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COVESTOR OR YODLEE THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER COVESTOR OR YODLEE NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COVESTOR OR YODLEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE.
INDEMNIFICATION. YOU AGREE TO PROTECT AND FULLY COMPENSATE COVESTOR AND YODLEE AND THEIR AFFILIATES FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES, EXPENSES AND COSTS (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS FEES) CAUSED BY OR ARISING FROM YOUR USE OF THE SERVICE, YOUR VIOLATION OF THESE TERMS OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANYONE.
YOU AGREE THAT YODLEE IS A THIRD PARTY BENEFICIARY OF THE ABOVE PROVISIONS, WITH ALL RIGHTS TO ENFORCE SUCH PROVISIONS AS IF YODLEE WERE A PARTY TO THIS AGREEMENT.
WITH THE EXCEPTION OF VERIFICATION INFORMATION , ALL INFORMATION SUBMITTED TO US VIA THIS WEBSITE SHALL BE DEEMED AND REMAIN OUR PROPERTY AND WE SHALL BE FREE TO USE, FOR ANY PURPOSE, ANY AND ALL IDEAS, CONCEPTS, KNOW-HOW, TECHNIQUES OR OTHER INFORMATION PROVIDED BY A VISITOR TO THIS WEBSITE. IF YOU DECIDE TO UNSUBSCRIBE FROM THE SITE AND TERMINATE THIS AGREEMENT WE WILL MAKE EVERY COMMERCIALLY REASONABLE EFFORT IN ACCORDANCE WITH ANY APPLICABLE PRIVACY POLICY AND SUBJECT TO ANY LAWS, TO REMOVE ALL PERSONALLY IDENTIFIABLE INFORMATION FROM THE SITE.
WE SHALL HAVE NO DUTY OF CONFIDENTIALITY REGARDING INFORMATION SUBMITTED FOR WEB SITE POSTING, BUT WE SHALL USE COMMERCIALLY REASONABLE EFFORTS, OR ACT AS OTHERWISE PROVIDED IN AN APPLICABLE PRIVACY POLICY, OR AS OTHERWISE REQUIRED BY LAW, FOR US TO NOT DISCLOSE PERSONAL INFORMATION (E.G., NAME, ADDRESS, EMAIL) IF: IT IS SUBMITTED TO COVESTOR UNDER THE BOLDED STATEMENT THAT THE FOLLOWING INFORMATION IS PERSONAL AND CONFIDENTIAL; AND IS NOT SUBMITTED TO COVESTOR AS ALL OR PART OF A WEB POSTING. WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY FOR REVIEWING AND/OR EVALUATING ANY AND ALL INFORMATION SUBMITTED TO COVESTOR AS PART OF A WEB POSTING, AND PARTICIPANTS ACKNOWLEDGE AND AGREE THAT SUCH INFORMATION MAY BE POSTED TO THE WEB BY COVESTOR AT ANY TIME AFTER SUBMISSION.
Choice of Law: Jurisdiction and Unenforceability
Your access to and use of this website, and these terms, are governed by and will be construed in accordance with the laws of the State of New York, U.S.A., without giving effect to any law or rule that would cause the laws of any jurisdiction other than the State of New York to be applied. Any action arising out of these Terms or this website shall be litigated in, and only in, courts located in New York City, New York, and you agree to submit to the exclusive jurisdiction of those courts and further agree that they are a convenient forum for you.
YOU AND WE HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THIS WEBSITE.
In the event that any provision of these terms is held unenforceable, the validity or enforceability of the remaining provisions will not be affected, and the unenforceable provision will be replaced with an enforceable provision that comes closest to the intention underlying the unenforceable provision.
Other agreements may apply to specific products and services offered through this website. Agreements applicable to a specific product or service supersede these terms. We may change these terms at any time without notice, and any such change will be effective immediately.
Section headings are for convenience only.
Termination
Covestor reserves the right to, and may, terminate or temporarily suspend your access to all or any part of the Site, without notice, for conduct that Covestor believes violates these Terms of Service or any of its policies or guidelines.
Trademarks and Proprietary Rights
The Site and the Information contain copyrighted material, trademarks and other proprietary information, including text, graphics and software. Covestor is the owner of the copyright in the Site, as well as the copyright in any Information original to Covestor. Each participant, or other third party provider of Information, owns the copyright in the Information original to it. Except as permitted under copyright law, you shall not copy, redistribute, publish or commercially exploit the Site, any portion of the Site or any of the Information without the express written consent of the respective owner(s) thereof.
Covestor’s trademarks (including any service marks) and logos are the property of Covestor. All other trademarks appearing on the Site are the property of their respective owners. Nothing contained on the Site should be construed as granting by implication, or otherwise, any license or right to use the trademarks or logos appearing on the Site without the express written consent of the owner thereof.
Covestor and Covestor logo are registered trademarks and service marks of Covestor Ltd.
Windows® and Microsoft® are registered trademarks of Microsoft Corporation.
Firefox and the Firefox logos are trademarks of the Mozilla Foundation. © 1998-2006 Contributors.
Adobe and Acrobat Reader are trademarks of Adobe Systems Incorporated.
Copyright © 2007 Covestor Ltd. All rights reserved.
