Updated and effective as of July 21, 2017.
Quovo, Inc. (together with its affiliates, “Quovo”, “we”, “us” or “our”) provides this web site (the “Site”) and the various services available through the Site, including, but not limited to, through Quovo’s APIs, dashboards, widgets, portals, related tools and applications (collectively, the “Quovo Services”) for informational purposes only.
The purpose of the Quovo Services is to aggregate and display financial account data from a variety of users, groups, advisors, clients, and other parties, retrieved from end financial institutions, and normalized and presented in a way to provide benefits to users. We cannot and do not warrant or guarantee the accuracy, timeliness, completeness, sequence or adequacy of any participant information [used in the Quovo Services]. We do request, however, that if you believe that any content on the Site [or used used/included in the Quovo Services] contains misappropriated content, or is otherwise in violation of any law, rule or regulation, that you notify us at email@example.com.
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 user for posting on the Site [or use in the Services] is solely that of the participant, and does not reflect any information of Quovo and/or its officers, employees, partners, suppliers and agents.
Personal Use; Registration
You agree and understand that you are responsible for maintaining the confidentiality of your password and other log on information, including, but not limited to, any tokens or similar access credentials, which, together with your (log on) email address or username, allows you to access and use the Quovo Services.. That email address/username and password, together with any mobile number, address, other contact information, or any other personal information you provide form your “Registration Information.”
By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the email or through a link to the appropriate page on our site, accessible through any standard internet browser.
If you become aware of any unauthorized use of your Registration Information, please notify us immediately at the email address firstname.lastname@example.org.
The following payment terms are applicable to those users desiring to access Quovo’s Catalyst Plan. With regard to other Quovo Services, Quovo accepts, and various users pay, via means other than the payment methods described below. Those users that have established other payment methods with Quovo do not necessarily need to comply with the payment terms below.
You acknowledge and agree that you will provide Quovo and/or the Payment Processor with current, complete and accurate information for your Quovo account, and that you will update such information as required. You further acknowledge and agree that you will promptly notify us, Payment Processor and your Payment Provider if you become aware of any potential breach of security regarding your chosen payment method.
When using the Quovo Services, you must comply with all applicable laws, including without limitation, any applicable foreign or domestic regulatory body, national or other securities exchanges, including rules against making false or misleading statements to manipulate the price of a security. You will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the information or compile or collect any information as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Quovo Services or the Site or store, copy, modify, distribute, or resell any information; (c) rent, lease, or sublicense your access to the Quovo Services to another person; (d) use the Quovo Services for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Quovo Services; (f) use the Quovo Services in a manner that threatens their integrity, performance, or availability; (g) use the Quovo Services to disseminate or communicate in any way any information that would be considered “insider” or “non-public” information about any company or investment; or (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Quovo Services or the Site.
No Advice, Endorsement or Special Relationship
Quovo 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 the Site or including in the Quovo Services. Quovo is not dispensing investment advisory services on the Site or via the Quovo Services. We do not purport to tell people, or suggest to people what they should buy or sell for themselves. Neither Quovo nor any Quovo affiliate is responsible for any investment decision made by participants on the basis of using the Quovo Services. Participants should always read the corresponding prospectus, check with their licensed financial advisor and their tax advisor to determine the suitability of any investment. Please conduct your own due diligence. Finally, the passage of time can render all information stale, and neither Quovo nor any Quovo affiliate is responsible for any misconceptions that may result from the reading of dated information.
All information posted by Quovo employees and/or affiliated persons, such as blog posts or other content, is designed purely for the entertainment of Quovo users. None of this information is designed to represent advice of any kind (as described in the preceding paragraph).
Any user may view the information included in the Quovo Services or posted on the Site for informational purposes only. No part of this information may be redistributed, copied, re-purposed or reproduced without our prior written consent. The information included in the Quovo Services or contained in the Site is subject to change without notice.
The information included in the Quovo Services or 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 investments in any jurisdiction; (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 investments, and (iii) is not a recommendation or opinion for you to participate in any transaction.
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 or other 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 in connection with any potential sale or purchase of any company, property, product, service, security, instrument, or anything else of any value.
Your use of the hyperlinks on the Site or otherwise included in any Quovo Services to other Internet sites is at your own risk. We are not responsible for third party sites hyperlinked from the Site or through the Quovo Services, 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.
You understand that all information, whether publicly posted or privately transmitted, is the sole responsibility of the participant from whom such information originated. This means that you, and not us, are entirely responsible for all information that you upload, post, email, transmit or otherwise make available to us, the Site or other users.
You agree to not use the Quovo Services to:
- upload, post, email, transmit or otherwise make available any information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, including, but not limited to, a Quovo official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted by you;
- upload, post, email, transmit or otherwise make available any information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any information that would be considered “non-public” or “insider” information about any company or investment;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
You acknowledge the following: (i) we do not pre-screen or review participant-submitted information, but that we and our designees shall have the right (but not the obligation) in our and their sole discretion to pre-screen, refuse, move or remove any such information, (ii) we may monitor and record activity on the Site for any reason or for no reason, (iii) we may investigate any complaint or reported violation of our policies, and (iv) we may report any activity that we suspect may violate any law or regulation to regulators, law enforcement officials or other persons or entities that we deem appropriate.
Your Indemnification of Quovo
Data Submission and Retrieval from Third Party Institutions
You may choose to provide us information that we will use to view your activity on other websites and at financial institutions such as brokerages and banks. Such information may include: account trade confirmations, account statements, account position and balance information, hypothetical or “mock” trades and position information from other investment websites, and other related information from financial institution websites and other websites. In order to retrieve this information (“Sync Information”), you may supply us with the credentials that you use to log into online portals at your financial institutions; this may include usernames, passwords, PIN numbers, multifactor authentication questions and answers, one-time access PINs, and other related information (“Credentials”).
You agree that such Sync Information and Credentials and the use of our data retrieval software in the context of Site usage is subject to the following terms:
- 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.
- Right to Share Information:You represent that you are entitled to submit your Credentials and other such information to Quovo for the uses described in this Section.
- Proprietary Rights:You are permitted to use content delivered to you through the Site only on the Site. 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 Quovo Servicestechnology, including but not limited to, any Java applets associated with the Site.
- Third Party Access:By using the Site, you authorize Quovo 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 Quovo a limited power of attorney, and you hereby appoint Quovo 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 QUOVO ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, QUOVO IS 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 Quovo Services are not endorsed or sponsored by any third-party account providers accessible through the Quovo Services or the Site.
- Feedback:You may from time to time identify problems, solutions to identified problems, provide suggestions, comments or other feedback related to the Quovo Services, the Site or otherwise relating to Quovo (“Feedback”) to Quovo. You acknowledge and agree that all Feedback is and shall be given entirely voluntarily and Quovo shall be free to use or disclose such Feedback for any purpose. You further acknowledge and agree that your Feedback does not contain confidential or proprietary information and you are not entitled to any compensation or reimbursement of any kind from Quovo under any circumstances relating to such Feedback.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE QUOVO SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE IN CONNECTION THEREWITH IS AT YOUR SOLE RISK. THE QUOVO SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. QUOVO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE QUOVO SERVICES, INCLUDING BUT NOT LIMITED TO, ANY AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE THROUGH THE QUOVO SERVICES OR FROM THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
QUOVO MAKES NO WARRANTY THAT (i) THE QUOVO SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE QUOVO SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE QUOVO SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF THE QUOVO SERVICES OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH QUOVO SERVICES OR THE SITE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL QUOVO, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“QUOVO PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE QUOVO SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE QUOVO SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE QUOVO SERVICES.
A QUOVO PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID QUOVO FOR YOUR USE OF THE QUOVO SERVICES IN THE PRIOR THREE (3) MONTHS; AND (B) THE SUM OF ONE HUNDRED (100) US DOLLARS.
SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY. IN SUCH STATES OR JURISDICTIONS, THE QUOVO PARTIES’ LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY QUOVO TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT.
Choice of Law; Jurisdiction, Unenforceability
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 the Quovo Services. Agreements applicable to a specific product or service supersede these terms.
Section headings are for convenience only.
Ongoing Development & Competition
As with any technology product or website, elements of Quovo and the Quovo Services continue to be developed and may change from time to time. While no Quovo Services are guaranteed to be fully operational or accurate at any time, the ongoing development process may mean that services may be unavailable and under construction from time to time. By agreeing to participate as Quovo Services user, you acknowledge that functionality of the Quovo Services may be altered or removed, either in part or completely, at any time.
Furthermore, you represent to us that: (a) you are not currently employed or in any way affiliated with (or plan to be employed or in any way affiliated with) one of Quovo’s competitors in the online finance space; (b) you will not distribute any information about Quovo, the Quovo Services or the Site, to any parties for the purposes of competition with Quovo or the Quovo Services; (c) engage in any competition with Quovo in any service currently offered by Quovo or offered at any time when you accessed or otherwise used the Quovo Services; (d) distribute any information about Quovo to any person in the media; or (e) publish any information about Quovo in any public medium, including but not limited to, other websites, blogs, newspapers, magazines, or television programs. If there is a conflict with any of the above areas, prior approval must be granted by Quovo in writing before you can use the Quovo Services or distribute the information described above.
Trademarks; proprietary rights
The Quovo Services, the Site and the information included or otherwise reflected therein contain copyrighted material, trademarks and other proprietary information, including text, graphics and software. Quovo is the owner of the copyright in the Quovo Services and the Site, as well as the copyright in any information original to Quovo. 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 Quovo Services, the Site, any portion of thereof or any of the information included or reflected therein without the express written consent of the respective owner(s) thereof.
Quovo’s trademarks (including any service marks) and logos are the property of Quovo. All other trademarks appearing in the Quovo Services or on the Site are the property of their respective owners. Nothing contained in the Quovo Services or on the Site should be construed as granting by implication, or otherwise, any license or right to use the trademarks or logos appearing in the Quovo Services or on the Site without the express written consent of the owner thereof.
Copyright Protected Materials
Quovo respects the intellectual property rights of others and expects that you do the same. It is our policy to terminate, in appropriate circumstances, the accounts of subscribers who infringe the copyrights of others. You may not upload, download, post, publish, transmit, reproduce, or distribute in any way, files, material, information, software or other material obtained through the Quovo Services or the Site that is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or other right holder. Quovo has the right, but not the obligation, to remove from the Quovo Services and/or the Site any files, material, information, software or other material Quovo believes is or may be, in its sole discretion, infringing or otherwise in violation of the rights of others.
If you believe in good faith that your copyright has been infringed, please provide a written communication regarding such belief to: 29 West 30th Street, 2nd Floor, New York, NY. 10001.
Quovo’s copyright policy is available at www.quovo.com/legal/copyright-policy/.
Electronic Notices and Disclosures
You acknowledge and agree that Quovo may provide notices and other disclosures to you electronically by posting such notices or other disclosures on the Site or by emailing it to you at any email address provided to Quovo by you. Such notices or other disclosures shall be considered received by you following the posting on the website or twenty-four (24) hours following the email being sent to you, as applicable. Any such electronic notice or other disclosure shall have the same effect and meaning as if it had been provided to you as a paper copy.