THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE, INCLUDING ALL INFORMATION, PRODUCTS, SERVICES, FEATURES, FUNCTIONALITIES OF INVESTMENT LINK. BY ACCESSING OR USING THIS SITE OR INVESTMENT LINK, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD.
THESE TERMS REQUIRE THE MANDATORY USE OF BINDING ARBITRATION AND CLASS ACTION WAIVER DESCRIBED IN THE SECTION TITLED “DISPUTE RESOLUTION” TO RESOLVE ANY DISPUTES WITH INVESTMENT LINK UNDER THESE TERMS.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, DO NOT ACCESS OR USE THIS SITE.
For the purpose of these Terms:
“User” is an individual (on behalf of yourself or the entity that you represent) who, whether directly or through an authorized third party, accessing the Site for any reason or purpose;
“Client” is an individual (on behalf of yourself or the entity that you represent) who, whether directly or through an authorized third party, subscribes to products and/or services made available by Investment Link or through this Site.
You agree and understand that your use of the Investment Link Site, including but not limited to all products and services available on and through the Site, is for educational purposes only, that you are responsible for your own investment research and investment decisions, that Investment Link is only one of many resources you may use as part of a comprehensive investment education process, that you should not and will not rely on Investment Link as the primary basis of your investment decisions, and Investment Link will not be liable for any decisions and actions you take or authorize third parties to take on your behalf based on information you receive as a User of the Investment Link Site or information you otherwise see on the Investment Link Site.
In order to access certain features, products and services of Investment Link, you must register to create an account (“User Account”) and become a Client of Investment Link. During your registration, you agree that the personal information you provide to Investment Link, whether reported directly by you or through a third party who you authorize, will be true, accurate, current, and complete. You also agree to regularly review your personal information and promptly update it when it changes.
Neither the information, nor any opinion contained on this Site constitutes a solicitation or offer by Investment Link to buy or sell any securities or other financial instruments or provide any investment advice or service.
The Investment Link Site is designed for residents of the United States only and intended solely for individuals who are age of 18 or older. Any access to or use of the Investment Link Site by anyone under the age of 18 is unauthorized, unlicensed, and in violation of these Terms. Products and services mentioned on this Site may not be available in all states. The information provided on this Site or in any communication containing a link to this Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Investment Link to any registration requirement within such jurisdiction or country.
We reserve the right, but are not obligated, to limit the availability of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
The Investment Link Site is generally intended to be viewed by a conventional web browser with a screen resolution of 1024 by 768 pixels or greater. Although you may use other means to access the Site, be aware that the Site may not appear accurately through other access methods, and you use them only at your own risk.
You agree you will comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and other regulatory requirements.
Investment Link reserves the right to monitor your usage of the Site and content and to investigate any suspicious activity. In its sole discretion, Investment Link may take any action it deems necessary, including but not limited to terminating the User Account of any user that Investment Link determines has acted unethically or illegally or otherwise has violated these Terms.
Because all servers have limited capacity and are used by many people, do not use our Site in any manner that could damage or overburden any Investment Link servers or any third-party servers authorized and used by Investment Link, or any network connected to Investment Link. Do not use our Site in any manner that would interfere with any other party’s use of the Sites. Do not access the Investment Link Site through devices or services that are designed to provide high-speed, automated, or repeated access.
Certain parts of the Sites are protected by passwords or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the Site, or to any other protected materials or information, through any means not intentionally made available by Investment Link for your specific use.
By accessing the Investment Link Site, you agree not to engage in any of the following:
Investment Link reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Investment Link will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
INVESTMENT PRODUCTS AND SECURITIES ARE NOT FEDERALLY OR FDIC INSURED, ARE NOT DEPOSITS OR OBLIGATIONS OF, OR GUARANTEED BY, ANY FINANCIAL INSTITUTION AND MAY LOSE VALUE. INVESTING INVOLVES RISK AND MAY RESULT IN LOSS OF PRINCIPAL AND FLUCTUATION IN VALUE.
PAST PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS. ANY EXPECTED RETURNS OR PROJECTIONS ARE FOR ILLUSTRATIVE PURPOSES ONLY, MAY NOT REFLECT THE ACTUAL FUTURE PERFORMANCE, AND ARE NOT ACTUAL CUSTOMER RETURNS. FURTHERMORE, ANY FORWARD-LOOKING STATEMENTS, INCLUDING WITHOUT LIMITATIONS INVESTMENT OUTCOME AND PROJECTIONS, ARE HYPOTHETICAL IN NATURE. ACTUAL RETURNS WILL VARY GREATLY. ALL INVESTMENTS INVOLVE RISK AND MAY LOSE MONEY.
Any material available on the Investment Link Site is for general information only. Neither the information nor any views expressed constitutes an offer or an invitation to make an offer, to buy or sell any securities, products or services of any kind. It is not intended to provide personal investment advice and it does not take into account the specific investment objectives, financial situation and the particular needs of any specific person who may receive this material. Statements regarding the strategies and future prospects presented on our Site may not be realized. Investors should note that income from securities or other investments, if any, may fluctuate and that price or value of such securities and investments may rise or fall. Accordingly, investors may receive back less than originally invested or lose all value. Any information relating to the tax status of financial instruments discussed on our Site is not intended to provide tax advice or to be used by anyone to provide tax advice. Investors are urged to seek tax advice based on their particular circumstances from an independent tax professional.
Our products and services are designed to aid our Users in preparing for their financial future. We do not intend to represent that our products and services are based on, or meant to replace, a comprehensive evaluation of a Client’s entire financial situation and personal portfolio, and can be used in addition to a comprehensive financial planning.
Investment Link does not provide tax, legal, or comprehensive financial planning. We do not represent in any manner that the outcomes described herein will result in any particular tax consequence. Prospective Clients should confer with their personal tax advisors regarding the tax consequences based on their particular circumstances. Investment Link assumes no responsibility for the tax consequences for any Client of any transaction.
All content on the Sites is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
The Investment Link Site may include general news and information, commentary, interactive tools, quotes, research reports and data concerning the financial markets, securities and other subjects. Some of this content is supplied by companies that are not affiliated with Investment Link (“Third Party Content”). Third Party Content is available through framed areas, through hyperlinks to third party web sites, or is simply published on our Site. The Third Party Content is protected by copyright pursuant to United States laws and international treaties and is owned or licensed by the Third Party Content provider(s) credited.
Investment Link has not been involved in the preparation, adoption or editing of Third Party Content and does not explicitly or implicitly endorse or approve such content. The Third Party Content providers do not implicitly or explicitly endorse or approve the Third Party Content, nor do they give investment advice, or advocate the purchase or sale of any security or investment.
While Investment Link makes every attempt to provide accurate and timely information to serve the needs of Users, neither Investment Link nor the Third Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party sites. Third Party Content is provided for informational purposes only and Investment Link and the Third Party Content providers specifically disclaim any responsibility for Third Party Content available on our Site. You will use Third Party Content only at your own risk.
THE THIRD PARTY CONTENT IS PROVIDED ON AN “AS-IS” BASIS. THE THIRD PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE THIRD PARTY CONTENT PROVIDERS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Clicking on certain links within our Site or certain other websites that are linked to our Site may take you to other websites, or may display information on your computer screen from other websites, which may not be maintained by Investment Link. Such websites may contain terms and conditions, privacy provisions, confidentiality provisions, or other provisions that differ from the Terms applicable to our Site. Links to other Internet services and websites are provided solely for the convenience of the Users. A link to any service or website is not an endorsement of any kind of the service or website, its content, or its sponsoring organization.
Investment Link assumes no responsibility or liability whatsoever for the content, accuracy, reliability or opinions expressed in a website, to which our Site is linked (a “linked website”) and such linked websites are not monitored, investigated, or checked for accuracy or completeness by Investment Link. It is your responsibility to evaluate the accuracy, reliability, timeliness and completeness of any information available on a linked website. All products, services and content obtained from a linked 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.
Investment Link is not affiliated or partnered with, endorsed or sponsored by any organization, unless such relationship is expressly specified. Investment Link does not endorse any organization or their products and services, unless such relationship is expressly specified.
Telephone Call Monitoring and Recording
Authorized employees or agents of Investment Link may monitor and record all or portions of your telephone calls to Investment Link for quality control, customer service, employee training, security, legal compliance, and other lawful purposes. Your consent will be ongoing and need not be confirmed prior to, or during such monitoring or recording, except to the extent applicable law expressly requires otherwise.
The Investment Link Site provides you Investment Link e-mail addresses so that you may communicate electronically by sending an e-mail message to Investment Link. All e-mail sent to and from Investment Link will be received or otherwise recorded by the Investment Link corporate e-mail system and is subject to archival, monitoring or review by and/or disclosure to, someone other than the recipient. Communications through the Site may involve the electronic transmission, to any e-mail address you provided to us, of information that you may consider to be personal financial information and you agree and consent to such transmission of such information. You agree not to use e-mail to transmit any confidential personal information. It is your responsibility to update or change your e-mail address, as appropriate.
Confidentiality of Information
Investment Link has taken reasonable steps to ensure the confidentiality of information taken at the Site and transmitted via the Internet. However, unexpected changes in technology may be used by unauthorized third parties to intercept confidential information and we cannot be responsible should confidential information be intercepted and subsequently used by an unintended recipient.
If you have a password for access to non-public areas of the Investment Link Site, you are solely responsible for maintaining the confidentiality and use of the password and other security data, methods and devices. Further, you are responsible for all activities that occur in connection with your password including all instructions electronically transmitted or use of any data, information or services obtained using your password and other security data. Investment Link shall not be under any duty to inquire as to the authority or propriety of any instructions given to Investment Link by you or via your password and shall be entitled to act upon any such instructions and Investment Link will not be liable for any loss, cost, expense or other liability arising out of any such instructions. Accordingly, you should take steps to protect the confidentiality of your password. As an authorized User you accept full responsibility for the monitoring of your account. Notify Investment Link immediately if you become aware of any unauthorized activity or unauthorized use of your password. You agree to cooperate with Investment Link in any investigation and agree to take corrective measures to protect your account from further fraudulent activity.
Changes to the Site
The information and materials contained in the Site, including but not limited to these Terms and any product and services information, are subject to change without notice. You are deemed to be apprised of and bound by any such changes.
Investment Link may discontinue or modify the Investment Link Site at any time without prior notice to you, and you accept those modifications if you continue to use the Investment Link Site.
Access to Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized Users only. Unauthorized persons attempting to access these areas of the Site may be subject to prosecution.
User Account Termination
Investment Link reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without prior notice.
Please read this Binding Arbitration Agreement “Arbitration Agreement” carefully. It is part of these Terms and your contract with Investment Link and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER.
Applicability of Arbitration Agreement
All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) that cannot be resolved informally or in small claims court in connection with the use of this Site or Investment Link or any product or service provided by Investment Link or these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, shall be resolved only by final and binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Investment Link, and to any owners, directors, employees, agents, predecessors in interest, successors, and assigns of Investment Link, as well as all authorized or unauthorized Users or beneficiaries of products or services or goods provided under the Terms.
Notice of Dispute Requirement and Informal Dispute Resolution
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice of Dispute”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice of Dispute should be sent to Investment Link to the address found at the bottom of these Terms. After the Notice of Dispute is received, you and Investment Link may attempt to resolve the claim or dispute informally. If you and the Investment Link do not resolve the claim or dispute within thirty (30) days after the Notice of Dispute is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties hereby shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms. The arbitration shall be conducted by a single, neutral arbitrator located within Oakland County, Michigan. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration
If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be agreed by both parties in the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties hereby.
If you or Investment Link pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator
If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Investment Link, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. Further, unless both parties hereby agree otherwise, the arbitrator may NOT consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The Arbitrator shall NOT be authorized to award non-economic damages such as for emotional distress, or pain and suffering or punitive or indirect, incidental or consequential damages.
The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and Investment Link.
Waiver of Jury Trial
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more efficient and less costly than rules applicable in a court. In the event any litigation should arise between you and Investment Link in any federal or state court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND INVESTMENT LINK WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
Class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both parties hereby agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties hereby agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to seek injunctive or equitable relief.
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Right to Waive
Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement
This Arbitration Agreement will survive the termination of your relationship with Investment Link.
Small Claims Court
Notwithstanding the foregoing, either you or Investment Link may bring an individual action in small claims court.
Emergency Equitable Relief
Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other provisions, rights, or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration
Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree that this agreement will be governed by the laws of the State of Michigan and you hereby consent to the exclusive jurisdiction and venue of courts in Michigan in all disputes arising out of or relating to the use of this Site or Investment Link.
Disclaimer of Warranties
INVESTMENT LINK DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE SITE OR ANY CONTENT ON THE SITE INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION, SOFTWARE, PRODUCTS (INCLUDING DESCRIPTION OF PRODUCTS) OR SERVICES (INCLUDING DESCRIPTION OF SERVICES) INCLUDED IN OR AVAILABLE THROUGH THE SITE AND EXPRESSLY DISCLAIM AND NEGATES ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED, TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. THE INVESTMENT LINK SITE IS MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND INVESTMENT LINK DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.
INVESTMENT LINK DOES NOT WARRANT THAT THE SITE WILL MEET YOUR NEEDS, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. INVESTMENT LINK ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
INVESTMENT LINK DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION AVAILABLE ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY, TIMELINESS AND COMPLETENESS OF ANY INFORMATION AVAILABLE ON THE SITE. INVESTMENT LINK SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE SITE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INVESTMENT LINK NOR THE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES OF INVESTMENT LINK NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, DELIVERY OF ANY INFORMATION, SOFTWARE, PRODUCTS (INCLUDING DESCRIPTION OF PRODUCTS) OR SERVICES (INCLUDING DESCRIPTION OF SERVICES) INCLUDED IN OR AVAILABLE THROUGH THE SITE BE LIABLE IN ANY WAY TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFITS, LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE OR THE USE OF THE SITE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, DELAY OR INABILITY TO USE THE SITE, EVEN IF INVESTMENT LINK OR ANY OTHER PARTY IS MADE AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES, DATA OR HARMFUL CODE THAT MAY AFFECT YOUR EQUIPMENT OR ANYONE ELSE’S EQUIPMENT, ANY INCOMPATIBILITY BETWEEN THE SITE’S FILES AND YOUR BROWSER OR OTHER WEBSITE ACCESSING PROGRAM, OR ANY FAILURE OF ANY ELECTRONIC OR TELEPHONE EQUIPMENT, COMMUNICATION OR CONNECTION LINES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, OR ANY FORCE MAJEURE. INVESTMENT LINK DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE.
ANY INFORMATION, SOFTWARE, PRODUCTS (INCLUDING DESCRIPTION OF PRODUCTS) OR SERVICES (INCLUDING DESCRIPTION OF SERVICES) INCLUDED IN OR AVAILABLE THROUGH THE SITE OR A LINKED WEBSITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND INVESTMENT LINK SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. THE CONTENT, ACCURACY, OPINIONS EXPRESSED, LINKED WEBSITES AND OTHER LINKS PROVIDED BY LINKED WEBSITES ARE NOT INVESTIGATED, VERIFIED, MONITORED OR ENDORSED BY INVESTMENT LINK. INVESTMENT LINK AND LINKED WEBSITES MAY MAKE CHANGES AND/OR IMPROVEMENTS AT ANY TIME.
INVESTMENT LINK WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH INVESTMENT LINK DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
As a condition of these Terms and your use of the Investment Link Site, you agree to indemnify, defend, and hold Investment Link, its owners, officers, directors, employees, and Third Party Content providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) relating to or arising out of your use of or inability to use the Investment Link Site, products and/or services available on the Site, information provided on the Site, any User postings, your violation of any of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Investment Link reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Investment Link in asserting any available defenses.
If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
We welcome your inquiries or comments. Please contact us by mail or email:
LAST AMENDED DATE:
August 1, 2018
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