TERMS OF SERVICE

 

Welcome to Tradvice (the "Application").   By visiting, accessing, and using our Application, you (together with all others who visit, access, and use our Application, the "Users") understand and agree to accept and adhere to the following terms and conditions as stated in this agreement (as amended from time to time, the "Terms of Service"), along with the terms and conditions as stated in our Privacy Policy (please refer to our Privacy Policy for more information). You understand that it is your responsibility to review these Terms of Service periodically to familiarize yourself with any changes. Your continued use of our Application after we change the Terms of Service will constitute your acknowledgment and agreement of the new provisions. If at any time you choose not to accept these Terms of Service, including following any changes we make, then you must affect your choice by not using the Application; however any prior activity by you will remain governed by the provisions of the Terms of Service existing at the time of your activity.

TRADVICE IS NOT A REGISTERED INVESTMENT ADVISOR AND DOES NOT OFFER INVESTMENT ADVICE.   RATHER, TRADVICE IS A TECHNOLOGY PLATFORM CLEARING-HOUSE SERVICE WHERE MEMBERS OF THE PUBLIC MAY CONNECT WITH REGISTERED INVESTMENT ADVISORS, THEIR INVESTMENT ADVISOR REPRESENTATIVES, AND NON REGISTERED ADVISORS WHO ARE LISTED IN THE APPLICATION'S DIRECTORY (COLLECTIVELY "ADVISORS").

IMPORTANTNO CLIENT RELATIONSHIP; NO PRIVILEGE. BY ANSWERING QUESTIONS, ADVISORS DO NOT INTEND TO FORM, AND DO NOT FORM AN ADVISOR-CLIENT, ACCOUNTANT-CLIENT, ATTORNEY-CLIENT, OR ANY OTHER DIRECT PRIVILEGED OR PROFESSIONAL RELATIONSHIP WITH ANY USER OF THE APPLICATION. PLEASE KEEP IN MIND THAT LAWS, REGULATIONS, OTHER GOVERNING AUTHORITIES, STANDARDS, PRACTICES AND PROCEDURES THAT APPLY TO YOUR PARTICULAR QUESTION MAY DIFFER DEPENDING ON YOUR LOCATION.

PLEASE NOTETRADVICE DOES NOT PROVIDE TAX, ACCOUNTING, LEGAL, INVESTMENT, OR FINANCIAL SERVICES. THE INFORMATION FROM ADVISORS IS NOT MEANT TO BE, AND SHOULD NOT BE CONSTRUED AS ADVICE OR USED FOR INVESTMENT, LEGAL, ACCOUNTING, OR TAX PURPOSES. TRADVICE MAKES NO GUARANTEES AS TO THE ACCURATENESS, QUALITY, OR COMPLETENESS OF THE INFORMATION AND TRADVICE A SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERRORS, OMISSIONS, INACCURACIES IN THE INFORMATION OR FOR ANY USER’S RELIANCE ON THE INFORMATION. USER IS SOLELY RESPONSIBLE FOR VERIFYING THE INFORMATION AS BEING APPROPRIATE FOR USER’S PERSONAL USE, INCLUDING WITHOUT LIMITATION, SEEKING THE ADVICE OF A QUALIFIED PROFESSIONAL REGARDING ANY SPECIFIC FINANCIAL, LEGAL, ACCOUNTING, OR TAX QUESTIONS A USER MAY HAVE. TRADVICE IS NOT INVOLVED IN THE QUESTIONS AND ANSWERS BETWEEN ADVISORS AND USERS, DOES NOT ENDORSE ANY PARTICULAR FINANCIAL, LEGAL, ACCOUNTING, OR TAX PROFESSIONALS THAT PROVIDE ANSWERS VIA THE SERVICE, AND IS NOT RESPONSIBLE FOR ANY CLAIMS MADE BY ANY ADVISOR. TRADVICE IS NOT ENDORSED BY OR AFFILIATED WITH ANY STATE BAR ASSOCIATION OR OTHER LEGAL OR ACCOUNTING MEMBERSHIP ORGANIZATION OR ASSOCIATION, TAX AUTHORITIES, OR AGENCIES OR ASSOCIATIONS, OR FINRA OR ANY OTHER FINANCIAL REGULATORY AUTHORITY, AGENCY, OR ASSOCIATION.

  1. About the Application

Everything we offer on the Application is referred to in these Terms of Service collectively as the "Services." Some of what is on the Application is viewable without registering with us, but to view individual Advisors, actively participate in the Application, or store your information, you must register as a member and authorize the use and disclosure of your personal information for purposes of allowing us to provide the Services and as otherwise disclosed in our Privacy Policy.

You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") that is provided to you on the Application (including Information provided in direct response to your searches and other activities) may be provided by individuals in the investment advisory profession, the provision of such Information does not create a professional/client relationship.

  1. We Do Not Provide Investment Advice

Tradvice is not a Registered Investment Advisor and does not offer investment advice. The Information that you obtain or receive from Tradvice and its employees, contractors, partners, sponsors, advertisers, or licensors or otherwise on the Application is for informational purposes only. Nothing on this Application constitutes an offer to sell or the solicitation of an offer to buy any securities. All investment related information appearing on an Advisor's portion of our Application comes from independent investment professionals and organizations.  You understand that no content published as part of the Services constitutes a recommendation that any particular investment, security, portfolio of securities, transaction or investment strategy is suitable for any specific person. To the extent any of the content published as part of the Services may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.

We do not validate, recommend, or endorse any specific Advisor or other information that may appear on the Application. Rather, the Application is only a conduit or intermediary that provides access to Advisors, as provided to us by Advisors and other Users of the Application.  You understand that the views expressed by an Advisor are the Advisor's own opinions. You should obtain any additional information necessary to make an informed decision before following the advice of any specific Advisor. Tradvice is not responsible or liable for any advice or other services rendered by any Advisor or for any claims that may arise directly or indirectly from any such advice or services. Trading in securities (including, without limitation, stocks, options, mutual funds, ETFs and bonds) involves risk and volatility. Past results are not necessarily indicative of future performance.

  1. No Client Relationship

NO PROFESSIONAL/CLIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE APPLICATION OR THROUGH ANY OTHER COMMUNICATIONS FROM TRADVICE.  YOU FURTHER UNDERSTAND THAT TRADVICE WILL NOT ADVISE YOU PERSONALLY CONCERNING THE NATURE, POTENTIAL, VALUE OR SUITABILITY OF ANY PARTICULAR INVESTMENT, SECURITY, PORTFOLIO OF SECURITIES, TRANSACTION, INVESTMENT STRATEGY OR OTHER MATTER. WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, OR OTHER INFORMATION CONTAINED ON THE APPLICATION. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED OR LISTED ON THE APPLICATION. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.

We have no control over, and cannot guarantee the availability of, any Advisor. We will not be liable for cancelled or otherwise unfulfilled appointments, changes of status or condition of an Advisor, or for any other injury resulting from the use of the Application or Services whatsoever, including but not limited to your reliance on advice given by an Advisor.

You are strongly advised to perform your own due diligence on any Advisor you consider engaging. In that regard, you may wish to review prospective Advisors at the U.S. Securities and Exchange Commission's ("SEC's") Public Disclosure Website location http://www.adviserinfo.sec.gov/IAPD/Content/Search/iapd_Search.aspx in addition to other due diligence that you find appropriate or desirable.

  1. Important Information About Advisor Relationships and Lists

In connection with using the Application and the Services, you understand that:

Tradvice lists Advisors on the Application pursuant to a contractual agreement with the Advisors. In return, Advisors pay to Tradvice a 15% processing fee on all transactions generated on the Application. Tradvice will provide you with access to Advisors WITHOUT RESPECT TO ANY DETERMINATION OF SUITABILITY OF SUCH ADVISOR TO YOUR PARTICULAR NEEDS. Tradvice (i) does not recommend or endorse any Advisor, and (ii) does not make any representations or warranties with respect to the Advisors or the quality of the services they may provide;

No Client Relationship; No Privilege. By answering questions, Advisors do not intend to form, and do not form an advisor-client, accountant-client, attorney-client, or any other direct privileged or professional relationship with any user of the Application. Please keep in mind that laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location. Tradvice has no involvement in the Advisor’s investment advice.

Some Advisors may be registered broker-dealers, or registered representatives of broker-dealers, who may offer or provide other products or services; however Tradvice's focus relates solely to registered investment advisors and the services they provide; and you represent and warrant to us that all Information that you provide on our Application, including Information about yourself, is accurate and complete, and you authorize us to provide Information about yourself to Advisors in order to connect with Advisors through our Application. Tradvice will also use your Information in accordance with our Privacy Policy.

The designation of Advisor within the Application does not guarantee the Advisor has any official advisory or investment registration status; ‘Advisor’ in this context is used strictly for descriptive purposes.  As such, some Advisors may be Non Registered Advisors, meaning that their services are limited to being free of charge.  You may not compensate Non Registered Advisors in any way in accordance with the Investment Advisers Act of 1940. Users that require more information regarding an Advisor or their services, including items such as the Advisor's Form ADV Part 2, should follow the 'SEC Advisor Info' link present for every Advisor profile within the Application.

  1. Editorial Control

We provide the Application as a technology platform clearing-house service and forum where Users can obtain Information. We ordinarily do not review or monitor the Application's content. It is important to note that the timeliness and accuracy of any or all of the Information is not guaranteed. Neither the authors, the editorial personnel, nor any other party who has been involved in the preparation or publication of this work can assure you that the Information contained herein is in every respect accurate or complete, and neither we nor they are responsible for any errors or omissions or for the results obtained from the use of such Information. Tradvice disclaims any liability related to the content of any Information, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.

You are encouraged to independently confirm the Information contained herein with other sources and to seek the advice of qualified professionals.

The products and services discussed or advertised within the Application are not applicable to all individuals or situations. We make no claim about the effectiveness of any product or service. Any product or service represented on the Application by advertisers, sponsors, and other Application participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome, or success.

Any Information placed on the Application by Users or other third parties, including advice and opinions, are solely the views and responsibility of those posting such information or material, and do not necessarily represent the views of Tradvice. Users' comments may not be representative of each client's experience and are not indicative of an Advisor's future performance. We reserve all of our rights to discontinue in our sole discretion the Application, any parts thereof, or any Services provided on the Application in general or to any User or Advisor at any time.

  1. Your Personal Information

In order to register or use parts of our Application, you must provide certain truthful and accurate personal information about yourself. You may voluntarily submit, and hereby authorize Tradvice, its employees, agents, and others operating on its behalf, to use and disclose personal information about you, including, without limitation, your name, address, and contact information; social history; financial metrics; and other information that is either requested by Tradvice or volunteered by you ("Personal Information") in order to provide the Services to you, in accordance with our Privacy Policy.  Please review it carefully, as your use of the Application constitutes your agreement to the Privacy Policy.

  1. Your Responsibilities

Even though the Services are provided to you free of charge, the charges for any services rendered by Advisors to you will apply and will be entirely your responsibility. If an Advisor's fees are disclosed on our Application, such fees may not be current or may not represent the fees for the services that you engage an Advisor to perform. It is your responsibility to determine, understand, and agree to the fees that you are responsible for when and if you engage an Advisor.  All fees and purchases are non-refundable and may be not exchanged for anything.

You are responsible for all use of the Application and for all use of your Credentials, including use by others to whom you have given your Credentials. You may use the Application and the Services for lawful, non-commercial purposes only. Accessing (or attempting to access) our Application or any Services by any means other than through the means we provide is strictly prohibited. You specifically agree not to access (or attempt to access) our Application or any of our Services through any automated, unethical or unconventional means. Engaging in any activity that disrupts or interferes with our Application or Services, including the servers and networks on which and to which our Application is located or connected, is strictly prohibited. Attempting to copy, duplicate, reproduce, sell, trade, resell, or store our Services or any Information on our Application is strictly prohibited. You may not use any metatags, meta elements, hidden text, or other equivalents using the names "Tradvice," "www.tradvice.com," or any other colorable equivalent without the prior written authorization of Tradvice. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you or through the use of your Credentials. Tradvice may in its absolute discretion terminate all or any part of the Services and your access to any non-public part of the Application. Such termination may be for any or no reason, including but not limited your misuse of the Services, such as if you schedule multiple appointments with an Advisor that you do not keep.

In addition to our rights in these Terms of Service, we may take any legal or self-help action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Service.

  1. Changes and Interruptions to the Services

We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included on the Application, and the use of new services will be governed by these Terms of Service. Tradvice will not be liable to you or any third party for any suspension or discontinuation of any of the Services. The Services and the Application will not always be available to you. We do not and cannot guarantee that the Application and Services will be available to you at all times. We may, for example, perform maintenance on the Application that requires it to be made unavailable. Services and the Application may also be interrupted for other reasons beyond our control, such as interruptions caused by electronic or mechanical equipment or communication lines, telephone or other connectivity problems, network volume, third-party software blocking of email delivery, computer viruses, unauthorized access, theft, or operator errors, Tradvice shall not be liable for any interruptions or termination of Services.

  1. Links to Other Applications

The Application may include links to other Websites or Applications, including links provided as automated search results. Some of these Applications may contain materials that are objectionable, unlawful, or inaccurate. As a convenience to our Users, Advisor pages on our Application may contain links to information created and maintained by the Advisor or other organizations. Tradvice does not control, and is not responsible for, the accuracy, timeliness, or the continued availability or existence of such information. Opinions expressed on Advisor pages and elsewhere on the Application are not those of Tradvice, and Tradvice does not endorse, warrant, or guarantee products or services described or offered on Advisor pages or elsewhere on our Application. Tradvice is not responsible or liable for the content of any Website linked on any Advisor page or elsewhere on our Application.

  1. Additional Terms

Certain of the Services on the Application may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these Terms of Service. If you choose to register for or access any such Services, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.

  1. No Spamming

You will not use contact information provided by our Users or collaborating Advisors, or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You will not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Application immediately and take other legal action if you or anyone using your Credentials violates these provisions.

  1. Content You Post or Submit

We may provide various open communication tools on our Application, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. We generally do not pre-screen or monitor the content posted by Users of these various communication tools. If you choose to use these tools to submit any type of content to our Application (collectively "Posted Information"), then it is your personal responsibility to use these tools in a responsible and ethical manner. If you provide feedback about an Advisor, please give clear, honest information about the Advisor and your experiences, but do not use inappropriate language or make gratuitous personal criticisms or comments. When participating in other interactive or community aspects of the Service, please include all relevant information in a concise manner. We reserve the right to remove your Posted Information for any or no reason, but we are not obligated to do so. Nor shall we be responsible for any failure or delay in removing Posted Information. Keep in mind that the Posted Information of others is simply opinion and should not be relied on. You are solely responsible for any Posted Information that you submit to the Application or transmit to other members or other Users of the Application or that is otherwise submitted under your Credentials. TRADVICE SHALL NOT BE RESPONSIBLE FOR NOR LIABLE AS A RESULT OF ANY POSTED INFORMATION ON THE APPLICATION. By posting information or otherwise using any open communication tool on our Application, you agree that you will not upload, post, share, or otherwise distribute any content that:

  • Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, or racist, or promotes any of the foregoing types of activities, or contains any type of suggestive, inappropriate, or explicit language;
  • Is untrue or misleading;
  • Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any person;
  • Contains any type of unauthorized or unsolicited advertising; or
  • Impersonates any person or entity, including any Tradvice employee or representative, or falsely expresses or implies that such Information is sponsored or endorsed by Tradvice.

Tradvice reserves the right to investigate and take appropriate legal or self-help action in its sole discretion against anyone who, in Tradvice's determination, violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking your use of the Services or the Application.

By posting Posted Information on the Application, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Tradvice, its contractors, and the Users of the Application an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information. This license is non-exclusive, except you agree that Tradvice shall have the exclusive right to practice this license to the extent of combining your Posted Information with the Posted Information of other Users, sources and the public domain for purposes of constructing or populating a searchable database of such information and information related to the investment industry.

Except as described in Tradvice's Privacy Policy, Tradvice will not be required to treat any of your Posted Information as confidential. You authorize Tradvice to use any of the concepts and ideas contained in your Posted Information in connection with its business without compensation to you, and Tradvice will not incur any liability to you as a result of any similarities between concepts and ideas contained in your Posted Information and future Tradvice operations and business. Except as otherwise set forth in the Terms of Service, Tradvice will be entitled to use the Posted Information for any commercial or other purpose whatsoever without compensation to you or any other person.

  1. Intellectual Property

All of the Information available on or through the Services and the Application, including without limitation, text, photographs, graphics, and video and audio content, is owned by us, our licensors, or the Advisors or their affiliates. All such Information is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. Except as expressly and unambiguously provided in these Terms of Service, Tradvice does not grant you any express or implied rights in the Information, and all rights in the Application and the Services not expressly granted by Tradvice to you are retained by Tradvice or by the respective owners of the Information.

  1. Disclaimer of Warranties

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which Users gain access to the Application or the Services; what content you access via the Application or the Services; what effects the content on the Application or the Services may have on you; how you may interpret or use the content on the Application or the Services; or what actions you may take as a result of having been exposed to the content on the Application or the Services. You release us from all liability for you having acquired or not acquired content through the Application or the Services. The Application or the Services may contain, or direct you to Websites or Applications containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Application or the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Application or the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Application or the Services. WE PROVIDE THE APPLICATION AND THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE." WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE APPLICATION, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING OR THAT ANY OF THE CONTENT WILL ASSIST YOU IN IDENTIFYING A SUITABLE ADVISOR OR FOR ANY OTHER PURPOSE. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE APPLICATION OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE APPLICATION. TRADVICE DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY REGARDING ANY AGREEMENT YOU MAY MAKE WITH OR PRODUCTS OR SERVICES YOU MAY OBTAIN FROM ADVISORS OR OTHER THIRD PARTIES OF WHOM YOU LEARN THROUGH OR ON ACCOUNT OF THE APPLICATION OR SERVICES, AND YOU AGREE TO LOOK SOLELY TO SUCH PERSONS REGARDING ANY CLAIMS ARISING OUT OF SUCH AGREEMENTS, PRODUCTS, OR SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TRADVICE MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE APPLICATION, OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. TRADVICE DOES NOT WARRANT THAT THE APPLICATION OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE, OR APPLICATION ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS, OR OTHER HARMFUL ITEMS.

  1. General Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE APPLICATION OR THE SERVICES. THE LIMITATIONS IN THIS SECTION APPLY EVEN IF THERE IS NEGLIGENCE (AS OPPOSED TO GROSS NEGLIGENCE OR WILLFUL MISCONDUCT) BY TRADVICE OR BY AN AUTHORIZED REPRESENTATIVE OF TRADVICE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR THE MALPRACTICE OR NEGLIGENCE OF ADVISORS UTILIZED THROUGH OR DUE TO YOUR USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT (OTHER THAN OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT) SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE APPLICATION, REGARDLESS OF THE FORM OF ACTION, EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO REGISTER FOR THE APPLICATION AND THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES OR CAUSES OF ACTION, WHERE THE LAWS OF SUCH STATES OR JURISDICTIONS APPLY, OUR LIABILITY SHALL BE LIMITED TO THE GREATER OF $10 OR THE MAXIMUM EXTENT OTHERWISE PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".

TRADVICE IS NOT A REGISTERED INVESTMENT ADVISOR AND DOES NOT OFFER INVESTMENT ADVICE. TRADVICE IS NOT A THIRD PARTY PAID SOLICITOR FOR INVESTMENT ADVISORS. RATHER, TRADVICE IS PROVIDING A CLEARING-HOUSE SERVICE AND FORUM TO MEMBERS OF THE PUBLIC, WHO MAY BE SEEKING TO LOCATE A REGISTERED INVESTMENT ADVISOR. NOTHING ON THIS APPLICATION CONSTITUTES AN OFFER TO SELL OR THE SOLICITATION OF AN OFFER TO BUY ANY SECURITIES.

  1. Termination

We may terminate or suspend your registration immediately, without notice, if Tradvice determines, in our sole discretion, that there has been a violation of these Terms of Service or other policies and terms posted on the Application by you or by someone using your Credentials. We may also terminate or suspend your registration for any other reason, including inactivity for an extended period, but may attempt to notify you in advance of such cancellation or suspension. Tradvice shall not be liable to you or any third party for any termination of your access to the Application or the Services. Further, you agree not to attempt to use the Application or the Services after any such deletion, deactivation or termination (provided, in the case of deactivation due exclusively to your inactivity, you may re-register). Sections 2, 3, 4, 5, 8, 13, 15, 16, 17, 18, 21, 22, 23 and 24 shall survive any termination or expiration of these Terms of Service.

  1. Indemnification

You will defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, suppliers, successors, and assigns from all liabilities, claims, demands, and expenses, including attorney's fees, made by any third party that arise from or are related to (a) your access to the Application, (b) your use of the Services, or (c) the violation of these Terms of Service or of any intellectual property or other right of any person or entity, by you or any third party using your Credentials. The foregoing indemnification obligation does not apply to liabilities, claims, and expenses to the extent that they arise from our own gross negligence or intentional misconduct.

In addition, you will promptly notify Tradvice in writing of any notice, suit, or action against you based upon a claim that any content that you uploaded, posted, shared, or otherwise distributed on or through the Application infringes a patent, copyright, trademark, or trade secret of a third party, and we may notify you of any such notice, suit, or action against Tradvice based on your content, the expenses of which notice, suit, or action, and any expenses, damages, and settlement costs arising thereof, shall be includable in any indemnity claim by Tradvice against you pursuant to these Terms of Service. In the event of such notice, suit or action, you will also, at your expense, procure for Tradvice the right to continue using the content.

  1. Electronic Contracting and Notices

Your affirmative act of using this Application or registering for the Application or the Services constitutes your electronic signature to these Terms of Service, which includes our Privacy Policy, and your consent to enter into agreements with us electronically. All notices under these Terms of Service shall be in writing and sent either by (i) email, (ii) through a communication portal we provide on or Application, (iii) facsimile, or (iv) certified mail, return receipt requested. If sent by the methods in clauses (i), (ii), or (iii), notice shall be deemed given when receipt is electronically confirmed, whether by the recipient's e-mail system, the Application's software, the recipient's fax machine, or otherwise regardless of whether such electronic confirmation is transmitted to the party who sent the notice. If sent by the method in clause (iv), notice shall be deemed given upon receipt.

  1. Additional Terms

These Terms of Service and any supplemental terms, policies, rules, and guidelines posted on the Application, including the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. The headings in these Terms of Service are for convenience only and shall not affect the meaning or construction of any provision in these Terms of Service. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Tradvice to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Tradvice shall not be liable for any damages resulting from a cause beyond Tradvice's control, including, but not limited to, severe weather, earthquakes and other natural disasters, strikes and other labor problems, wars, terrorist activities, and governmental restrictions.

  1. Choice of Law and Dispute Resolution

These Terms of Service shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of New York as applied to contracts made and to be performed entirely within New York, without giving effect to the state's conflicts of law statute. Any controversy, dispute or claim arising out of or related to these Terms of Service or your use of the Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State, City, and County of New York, pursuant to the rules of the American Arbitration Association. The arbitration tribunal shall consist of one arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, including attorney's fees, as the arbitrator deems appropriate.

  1. Assignment

We may assign this contract at any time to any parent, subsidiary, or any affiliated company or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer, or sublicense these Terms of Service to anyone else, and any attempt to do so in violation of this section shall be null and void.

  1. Eligibility

You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Application and the Services. If you do not meet this age requirement, you may not use this Application, and you must have your parent or legal guardian use this Application on your behalf. If you are the parent or legal guardian of a child under the age of 18, you may use the Application or Services on behalf of such minor child. By using the Application or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms of Service to "you" shall refer to (a) such child or such other individual for whom you have authorization to enter into these Terms of Service on their behalf, and (b) you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If you do not qualify under these terms, do not use the Application or Services. Membership in the Services is void where prohibited by applicable law, and the right to access the Application is revoked in such jurisdictions. By using the Application or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. The Application is administered in the U.S. and intended for U.S. Users. Any use outside of the U.S. is at the User's own risk, and Users are responsible for compliance with any local laws applicable to their use of the Services or the Application.

  1. Submissions

Tradvice welcomes your feedback and suggestions about how to improve this Application and the Services. By transmitting any suggestions, information, material, or other content (collectively, "feedback") to Tradvice, you represent and warrant that such feedback does not infringe the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to Tradvice. In addition, any feedback received through this Application will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Tradvice to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback, without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.

Feedback can be sent electronically to contact@tradvice.com.