TERMS OF USE
These terms of use are entered into between You and Involio, Inc. (“Involio”, “Company”, “we”, “us). The following terms and conditions, together with any documents or pages they expressly incorporate by reference, (collectively,"Terms of Use"), govern your access to and use of Involio’s Application(s), Involio Apps, and/or any content, functionality, and services offered (collectively “Involio App”) whether as a guest or a registered user.
By accessing and using the Involio App you accept and agree to abide by these Terms of Use and our Privacy Policy (located here). If you do not agree and accept the Terms of Use and Privacy Policy, please do not access or use the Involio App.
You agree that Involio does not offer investment or financial advice. You agree that any decision to buy, sell, hold or trade in any investments or financial instruments involve risk and should be made based on the advice of qualified professionals. Under no circumstances is Involio liable for any loss or change in your financial condition due to your reliance on any information obtained from the Involio App.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED, AND A WAIVER OF RIGHTS TO BRING CLASS ACTION CLAIMS AGAINST US. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THE TERMS OF USE AND THE ABOVE ELIGIBILITY REQUIREMENTS, YOU ARE NOT AUTHORIZED TO USE THE INVOLIO APP AND MUST DISCONTINUE USE IMMEDIATELY.Changes to these Terms of UseThese terms may be modified, changed, supplemented or updated by Involio in its sole discretion at any time without advance notice. We suggest that you visit this page regularly to keep up to date with any changes. Your continued use of the Involio App will confirm your acceptance of these terms as we update them. If you do not agree with these changes you must stop using the Involio App and any information, links or content contained on it.Use of the Involio AppThe purpose of the Involio App is a social platform for users to share their investment portfolio strategies amongst peers and followers. Registration and participation on Involio is void where prohibited. By using, interacting, or registering with the Involio App you agree and warrant that: (a) you are 18 years of age or older; (b) that your use of the Involio App does not void any applicable law; and (c) you will provide truthful and accurate information at all times. Third Party ContentThe Involio App may contain links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Involio App and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Involio App or relating to any applications you use or install from the Involio App. User ContentAny content you post, upload, input or submit to Involio is considered “User Content”. You understand and agree that any of the User Content found throughout the Involio App is created by third parties out of the control of Involio. Involio does not guarantee that any of the information or content found on the Involio App is accurate, complete, reliable, or appropriate to your specific situation or needs. You are solely responsible for the Content that you post on or through the Service, or otherwise transmit to or share with other Users (collectively, the "User Content"). You shall not (and shall not permit any third party to) create, upload, download, post, submit or otherwise distribute or facilitate distribution of any User Content on or through the Service, that:you did not create or have permission to post;infringes any patent, trademark, trade secret, copyright, moral right, right of publicity, right of privacy, or other right of any other person or entity or violates these Terms or any law or contractual duty (see our Notice of Infringement - DMCA policy below); you know is false, misleading, untruthful or inaccurate;defames, libels, ridicules, mocks, disparages, threatens, harass, intimidates or abuses anyone;attempts to impersonate any other party;harvests or otherwise collects information about users without their consent;uses tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Service;constitutes unauthorized or unsolicited advertising, junk or bulk email or pyramid schemes;includes anyone’s identification documents or sensitive financial information.You acknowledge that involio does not pre-screen, endorse or approve User Content, but that involio shall have the right (but not the obligation) in its sole discretion to refuse, delete or remove any User Content that is available via the Service, including in connection with violations of the letter or spirit of the Terms or for any other reason. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Service or otherwise provide to the Company.You are solely responsible and liable for all of your User Content and for your use of any interactive features, links or information or content on our Involio App, and you represent and warrant that (i) you own all intellectual property rights (or have obtained all necessary permissions) to provide your User Content and to grant the licenses in these terms; (ii) your User Content will not violate any agreements or confidentiality obligations; (iii) your User Content will not violate, infringe or misappropriate any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity; and (iv) your User Content complies with all laws, rules or regulations whether from a local, state federal, or administrative body including, but not limited to, the Securities Act of 1933, Securities and Exchange Act of 1934, all rules and regulations from the Securities and Exchange Commission and/or FINRA, or equivalent rules in your jurisdiction.
If you post, upload, input, provide or submit your personal data to us, including without limitation, your name, email address, IP address, cryptocurrency address, property address, business, text, code or other information and materials, sign up for information about Involio or create an account on our Involio App (collectively, your “User Content”), you must ensure that the User Content provided by you at that or at any other time is true, accurate, up to date and complete and that any User Content you post, upload, input, provide or submit to us or via our Involio App do not breach or infringe the intellectual property rights of any third party, nor violate any law, rule or regulation as set out above. We do not own, control or endorse any User Content that is transmitted, stored or processed via our Involio App or sent to us and we are not responsible or liable for any User Content.
You are entirely responsible for maintaining the confidentiality of your User Content and any of your non-public information. Furthermore, you are entirely responsible for any and all activities that occur under your account (if any). You agree to notify us immediately of any unauthorized use of your User Content, account or any other breach of security. We will not be liable for any loss or damages that you may incur as a result of someone else using your User Content or account, either with or without your knowledge. However, you could be held liable for losses incurred by Involio (as defined below) or another party due to someone else using (or misusing) your User Content or account. You may not use anyone else’s User Content or account at any time without the permission of such person or entity.
Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content. Furthermore, if we have reason to believe that there is likely to be a breach of security, breach or misuse of the Involio App or if you breach any of your obligations under these terms or the Privacy Policy, we may suspend your use of this Involio App at any time and for any reason.
If you decide to submit questions, comments, suggestions, ideas, original or creative materials or other information to us (collectively, “Feedback”), you do so on your own accord and not based on any request or solicitation from us. Feedback does not include User Content. We reserve the right to use Feedback for any purpose at no charge and without compensation to you. Do not send us Feedback if you expect to be paid or want to continue to own or claim rights to your Feedback. The purpose of these terms is to avoid potential misunderstandings or disputes if Involio’ products, services, business ideas or business strategies might seem similar to ideas submitted to us as Feedback. If you decide to send us Feedback, you acknowledge and understand that Involio makes no assurances that your Feedback will be treated as confidential or proprietary. Disclaimer regarding investment and hypothetical performance results and other investment related informationWe may offer a feature whereby users can provide information about hypothetical investment scenarios. We do not moderate these, nor do we verify the authenticity of any account that makes any claims, strategies, or views. We have no liability for investment or other decisions based upon any User Content (or our content we may post). User Content is for entertainment and informational purposes only, and you shouldn’t take advice unless you talk to a professional. The decision to make any investment involves risk and can lead to substantial losses. Please consider carefully when reviewing any User Content.
No representation is being made by Involio as to any results that you may see from users on the platform. Hypothetical trading on this site does not involve financial risk and there is no way to know whether a user actually conducted the trade. Since there are several factors that could lead to adverse results, again, we disclaim any liability and you should DYOR.
Lastly, you state that you are using the site solely for personal use and are not registered with any agency or engage as an investment advisor. You also state you use your own capital and are not deploying funds from any funds or entity. Intellectual PropertyInvolio retains all right, title and interest in and to this Involio App and its products and services, including all copyrights, content, look and feel, layout, patents, trade secrets, trademarks, other intellectual property rights, trade names, logos, slogans, custom graphics, button icons, scripts, videos, text, images, software, code, files, content, information and other material available on our Involio App and nothing on this Involio App may be copied, imitated or used, in whole or in part, without our or the applicable licensor’s prior written permission. Involio reserves all rights not expressly granted. Any unauthorized reproduction of any of our Involio App is expressly prohibited.
In the event of a claim that your use or participation with the Involio App in accordance with the terms of this Agreement, infringes any proprietary right of any third party, Involio shall have the option, in its sole discretion, to: (a) if possible obtain the right to continue using the infringing item, (b) replace the infringing item or modify it so that it becomes noninfringing, or (c) terminate your participation and rights granted herein.
In addition, the Digital Media Copyrights Act (DMCA) provides copyright owners who believe that their rights have been infringed upon. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide us at legal@Involio.com with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;A description of the copyrighted work or other intellectual property that you claim has been infringed;A description of where the material that you claim is infringing is located on the web site, with enough detail that we may find it on the web site;Your address, telephone number, and email address;Your statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;Your statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.Acceptable Use PolicyYou must only use the content or services provided through this Involio App for their stated purpose. You must not use this Involio App to: (a) publish, post, send, upload, submit, display or disseminate any information or material and/or otherwise make available or engage in any conduct that is unlawful, discriminatory, harassing, libelous, defamatory, abusive, threatening, harmful, offensive, obscene, tortious or otherwise objectionable; (b) display, upload or transmit material that encourages conduct that may constitute a criminal offense, result in civil liability or otherwise violate or breach any applicable laws, regulations or code of practice; (c) interfere or violate the legal rights (such as rights of privacy and publicity) of others or violate others use or enjoyment of this Involio App; (d) violate any applicable laws or regulations; (e) use this Involio App or links on this Involio App in any manner that could interfere with, disrupt, negatively affect or inhibit other users from using this Involio App or links on this Involio App or that could damage, disable, overburden or impair the functioning of this Involio App or our servers or any networks connected to any of our servers in any manner; (f) create a false identity for the purpose of misleading others or fraudulently or otherwise misrepresent yourself to be another person or a representative of another entity including, but not limited to, an authorized user of this Involio App or a Involio representative, or fraudulently or otherwise misrepresent that you have an affiliation with a person, entity or group; (g) mislead or deceive us, our representatives and any third parties who may rely on the information provided by you, by providing inaccurate or false information, which includes omissions of information; (h) disguise the origin of any material transmitted through the services provided by this Involio App (whether by forging message/packet headers or otherwise manipulating normal identification information); (i) violate, infringe or misappropriate any intellectual or industrial property right of any person (such as copyright, trademarks, patents, or trade secrets, or other proprietary rights of any party) or commit a tort; (j) upload files that contain malicious or damaging properties that would damage the operation of another’s computer or property;
(k) send, upload, display or disseminate or otherwise make available material containing or associated with spam, junk mail, advertising for pyramid schemes, chain letters, virus warnings (without first confirming the authenticity of the warning), or any other form of unauthorized advertising or promotional material; (l) access any content, area or functionality of this Involio App that you are prohibited or restricted from accessing or attempt to bypass or circumvent measures employed to prevent or limit your access to any content, area or functionality of this Involio App; (m) obtain unauthorized access to or interfere with the performance of the servers which host this Involio App or provide the services on this Involio App or any servers on any associated networks or otherwise fail to comply with any policies or procedures relating to the use of those servers; (n) attempt to gain unauthorized access to any services or products, other accounts, computer systems, or networks connected to any of our servers through brute forec attacks, cross site scripting, hacking, password mining, or any other means; (o) obtain or attempt to obtain any materials or information through any means not intentionally made available through this Involio App or its services; (p) harvest or otherwise collect, whether aggregated or otherwise, data about others including e-mail addresses and/or distribute or sell such data in any manner; (q) use any part of this Involio App other than for its intended purpose; or (r) use this Involio App to engage in or promote any activity that violates these terms.IndemnificationTo the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless us and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (collectively, the “Involio Parties”) from and against all claims, damages, liabilities, losses, costs and expenses (including attorneys’ fees) that arise from or relate to: (i) your access to or use of our Involio App, products or services; (ii) your User Content; (iii) any Feedback you provide; or (iv) your violation of these Terms. We reserve the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification pursuant to these terms. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Involio.DisclaimerTHIS APP AND ALL INFORMATION, PRODUCTS AND SERVICES PROVIDED THROUGH THIS INVOLIO APP ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, PROMISES OR GUARANTEES WHATSOEVER OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES, PROMISES OR GUARANTEES REGARDING THE ACCURACY, CURRENCY, COMPLETENESS, ADEQUACY, AVAILABILITY, SUITABILITY OR OPERATION OF THIS INVOLIO APP, ANY PRODUCTS OR SERVICES WE MAY PROVIDE THROUGH IT OR THE INFORMATION OR MATERIAL IT CONTAINS.
EACH OF THE INVOLIO PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE FOREGOING, INCLUDING, WITHOUT LIMITATION: (A) ANY WARRANTY WITH RESPECT TO THE CONTENT, INFORMATION, DATA, SERVICES, AVAILABILITY, UNINTERRUPTED ACCESS, OR SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS INVOLIO APP; (B) ANY WARRANTIES THAT THIS INVOLIO APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS; (C) ANY WARRANTIES THAT THIS INVOLIO APP, ITS CONTENT AND ANY SERVICES OR PRODUCTS PROVIDED THROUGH IT ARE ERROR-FREE OR THAT DEFECTS IN THIS INVOLIO APP, ITS CONTENT OR SUCH SERVICES OR PRODUCTS WILL BE CORRECTED; (D) ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (E) ANY WARRANTIES THAT THIS INVOLIO APP WILL BE COMPATIBLE WITH YOUR COMPUTER OR OTHER ELECTRONIC EQUIPMENT; AND (F) ANY WARRANTIES OF NON-INFRINGEMENT. THE MATERIALS AND RELATED GRAPHICS PUBLISHED ON THIS INVOLIO APP COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION CONTAINED ON THIS INVOLIO APP. THE INVOLIO PARTIES MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE INVOLIO APP, ITS PRODUCTS, SERVICES AND/OR THE MATERIALS DESCRIBED ON THIS INVOLIO APP AT ANY TIME.
In addition, to the maximum extent permitted by law, none of the Involio Parties shall be responsible or liable for: (a) any loss, liability, cost, expense or damage suffered or incurred arising out of or in connection with any access to or use of this Involio App or any of its content; (b) any reliance on, or decision made on the basis of, information or material shown on or omitted from this Involio App including but not limited to User Content; (c) any reliance on any statements regarding laws or tax for your jurisdiction;
(d) any matter affecting this Involio App or any of its content caused by circumstances beyond our reasonable control; (e) the performance of this Involio App and any fault, delays, interruptions or lack of availability of this Involio App and any of the services or products provided through this Involio App, which may occur due to increased usage of this Involio App, intermittent failures of this Involio App or the need for repairs, maintenance or the introduction of new facilities, products or services; and (f) any information or material on any Involio App operated by a third party which may be accessed from this Involio App. IN NO EVENT WILL THE INVOLIO PARTIES BE RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, LIABILITIES, LOSSES, COSTS OR EXPENSES OF ANY KIND, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, COMPENSATORY, INCIDENTAL, ACTUAL, EXEMPLARY, PUNITIVE OR SPECIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS, REVENUES, PROFITS, DATA, USE, GOODWILL OR OTHER INTANGIBLE
LOSSES) REGARDLESS OF WHETHER THE INVOLIO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITIES, LOSSES, COSTS OR EXPENSES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OR PERFORMANCE OF THIS INVOLIO APP; (B) ANY PROVISION OF OR FAILURE TO PROVIDE THIS INVOLIO APP OR ITS SERVICES (INCLUDING WITHOUT LIMITATION ANY LINKS ON OUR INVOLIO APP); (C) ANY INFORMATION AVAILABLE FROM THIS INVOLIO APP; (D) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY; (E) UNAUTHORIZED ACCESS, USE OR ALTERATION OF THE TRANSMISSION OF DATA OR CONTENT TO OR FROM US; OR (F) THE FAILURE TO RECEIVE IN ANY WAY THE TRANSMISSION OF ANY DATA, CONTENT, FUNDS OR PROPERTY FROM YOU. IN NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF THE INVOLIO PARTIES ARISING UNDER THESE TERMS EXCEED $100.00 USD.
Release: IF YOU ARE A LOCATED IN A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASING US FROM LIABILITY THEN THE FOLLOWING APPLIES: FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
Arbitration, Governing Law, and Legal Fees.
You agree that any claim or dispute in connection with: (i) the use of this site; (ii) the use and/or purchase of any of our products or services through our Involio App, website or distributed through either; (iii) or any information or content stored on our Involio App; will be resolved by binding arbitration, rather than in court, except for certain small claims actions. Arbitration means you are giving up the right to go to Court and assert any rights you may have, except for any matters that do not fall under this arbitration clause as previously mentioned. Arbitrations under this Agreement will take place on an individual basis, and class actions are not permitted. This agreement does not allow class or collective arbitrations, or class actions, even if arbitration rules would. The arbitration will be binding non-appearance based arbitration, and initiated through an established alternative dispute resolution provider. The arbitration shall be subject to the Federal Arbitration Act and not any state arbitration laws, and more specifically will be governed by the AAA’s commercial arbitration rules, and if applicable, procedures for consumer related disputes. Each party is to be responsible for any filing fees to commence arbitration and any costs related to the Arbitration process. For a copy of the procedures, how to file a claim, or other information about Arbitration you may contact AAA at adr.org. Judgment on the award from the arbitrator may be entered by any court of competent jurisdiction. The arbitrator may also have the authority to issue any temporary, preliminary, or permanent injunctive relief if it deems equitable and is within the scope of this agreement. The arbitration process, proceedings, and award shall be confidential and shall remain confidential.Notwithstanding the above, either party may bring an action in small claims court. Furthermore, any action involving defamation, intellectual property infringement actions, trade secret misappropriations, or violations of the Computer Fraud and Abuse Act. Any action involving the aforementioned claims must be brought exclusively in a State or Federal Court in Maricopa County, Arizona. The prevailing party in any such action shall be entitled to their reasonable attorneys’ fees and costs. To summarize, both parties agree that they are waiving their right to a trial by jury and that any dispute, other than the aforementioned claims, must be submitted to binding arbitration. NO CLASS ACTIONS, CONSOLIDATED OR REPRESENTATIVE ACTIONS ARE ALLOWED AND ARE PROHBITED.
MISC.
These terms control the relationship between us and you. They do not create any third-party beneficiary rights. You cannot assign your rights under this Agreement to anyone without our express authorization. We reserve the right to assign or transfer our rights in this Agreement and the rights enumerated throughout, without your consent, to any ancillary or parent company of ours. Any disputes regarding this Agreement will be construed and governed by the laws of the State of Arizona. The prevailing party in any dispute shall be entitled to their reasonable attorneys’ fees and costs. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, the term will be modified such that it is enforceable and this will not affect any other terms contained herein.
Copyright © 2022 Involio, Inc.. All rights reserved. Dated: November 1, 2022.