PLEASE READ THESE TERMS AND CONDITIONS ("TERMS", "TERMS AND CONDITIONS") CAREFULLY BEFORE USING THE HTTP://WWW.INVESTIGAUGE.COM WEBSITE (THE "SERVICE") OPERATED BY INVESTIGAUGE ("US", "WE", OR "OUR").
YOUR ACCESS TO AND USE OF THE SERVICE IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. THESE TERMS APPLY TO ALL VISITORS, USERS AND OTHERS WHO WISH TO ACCESS OR USE THE SERVICE.
BY ACCESSING OR USING THE SERVICE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THE TERMS THEN YOU DO NOT HAVE PERMISSION TO ACCESS THE SERVICE.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. If you choose to make a Purchase with the intent to offer the Service to your Clients, you will be further subject to the Service Agreement Terms listed below.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
The Service and its original content, features and functionality are and will remain the exclusive property of InvestiGauge and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of InvestiGauge.
Our Service may contain links to third party web sites or services that are not owned or controlled by InvestiGauge.
InvestiGauge has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that InvestiGauge shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless InvestiGauge and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
In no event shall InvestiGauge, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
InvestiGauge its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.
Triporati Inc, (dba InvestiGauge), a Delaware corporation ("InvestiGauge") operates the website located at www.investigauge.com and other related websites with links to these Terms and Conditions (collectively, the "Site"). Through the Site, InvestiGauge provides an array of services for managing client and prospect engagement (the "Services") to (a) entities ("Clients") that have executed agreements or orders (including online enrollment forms) for the Services with InvestiGauge (each a "Service Order Form") and have accepted these Terms and Conditions as described below and (b) users authorized by Clients to access and use the Services at the invitation of the applicable Client ("Authorized Users"). Clients may be individual financial service professionals or sponsoring organizations such as brokerage firms or other organizations. Clients may create accounts for one or more financial service professionals or individuals in their organization that wish to use the Services, and may create individual Authorized User accounts for their clients to use the Services. The following Terms and Conditions, along with InvestiGauge's Privacy Policy, the Service Order Form (if any), and any additional documents referenced therein (collectively, the "Agreement"), set forth the entire agreement regarding the use of the Site and Services. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Site. All such additional guidelines, terms, and rules are hereby incorporated by reference into this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING AND/OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT (A) YOU ARE AN AUTHORIZED USER OF A CLIENT, (B) IF YOU ARE THE FIRST AUTHORIZED USER OF A CLIENT TO REGISTER FOR AN ACCOUNT ON THE SITE OR IF YOU ARE CREATING A MASTER ACCOUNT, YOU HAVE THE AUTHORITY TO BIND CLIENT TO THIS AGREEMENT, AND (C) YOU AGREE TO THIS AGREEMENT. IF YOU CANNOT MAKE ANY OF THE FOREGOING REPRESENTATIONS AND WARRANTIES, DO NOT ACCESS OR USE THE SERVICES.
If Client has entered into a Service Order Form, the Effective Date of this Agreement shall be the date listed as the Services start date on the Service Order Form. Except as otherwise stated on the Service Order Form, the term of this Agreement will continue until terminated in accordance with this Agreement. This Agreement will automatically renew for a period equal to such initial term unless either party notifies the other in writing at least thirty (30) days prior to expiration of such initial term or the then-current renewal term. Notwithstanding the foregoing, if Client has been granted access to the Services for evaluation purposes and no Service Order Form has been executed: (i) the Effective Date of this Agreement shall be the date Client's Authorized User first registers an account on the Site on Client's behalf and the initial term of this Agreement for evaluation purposes will be thirty (30) days; (ii) such initial term may be extended for the duration set forth in a Service Order Form executed by InvestiGauge with Client if the Client chooses to obtain a subscription to the Services; and (iii) unless such initial term is so extended, all accounts and all rights to access the Services under this Agreement will terminate with respect to Client and its Authorized Users upon the expiration of such initial term.
Client and/or each Authorized User (as applicable), is responsible for obtaining and maintaining all equipment and services needed for access and use of the Services. Client, and each Authorized User, agrees not to use the Services to: (a) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another's privacy, constitutes hate speech, or is otherwise offensive or objectionable; (b) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (c) transmit any material that contains adware, malware, spyware, 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; (d) impersonate any person or entity, or otherwise misrepresent Client's affiliation with a person or entity; or (e) interfere with or disrupt InvestiGauge servers or networks connected to InvestiGauge, or disobey any requirements, procedures, policies, or regulations of networks connected to InvestiGauge. The Services may integrate third-party services (for example, Google Apps, Dropbox, WebEx, Twitter or Facebook) allowing Client and Authorized Users to post information to Web sites outside the Services. Client, and each Authorized User, agrees to inform itself of the terms and conditions of each of these integrated third-party services prior to use, and abide by such terms and conditions if Client utilizes such integrated services. If it is determined at any time that Client or any Authorized User is in breach of this Section 4, InvestiGauge may suspend services until the issue is resolved to InvestiGauge's satisfaction, if Client does not first remedy the issue within the cure period set forth in InvestiGauge's notice to Client.
"InvestiGauge" and the InvestiGauge logo, as well as certain other of the words and logos displayed on the InvestiGauge website or on InvestiGauge Content, constitute trademarks, trade names, or service marks ("Marks") of InvestiGauge or other entities. Client is not authorized to use any such Marks without prior written consent from InvestiGauge. Ownership of all such Marks and the goodwill associated therewith remains with InvestiGauge or those other entities.
InvestiGauge's inclusion of a link via the Services to any other Web site or Internet resource is for Client's convenience only and does not signify InvestiGauge's endorsement of such other Web site or Internet resource or its contents. InvestiGauge shall have no responsibility or liability for any information, software, or materials obtained from third-party Web sites or Internet resources.
When Client registers to use the Services, Client will be provided with a user name and password for a master account ("Master Account"). InvestiGauge will create additional Authorized User Accounts (each, a "User Account") up to the maximum number specified by InvestiGauge. Client's subscription is personal to Client. Client and each Authorized User are responsible for maintaining the confidentiality of all passwords for the Master Account and User Accounts, and Client and its Authorized Users are exclusively responsible for all activities that occur under such passwords. Client and each Authorized User agrees to immediately notify InvestiGauge of any unauthorized use of such password or any other breach of security related to the Services of which Client or such Authorized User becomes aware. InvestiGauge reserves the right, with notice to Client, to change the password to the Master Account or any User Account, if InvestiGauge believes that the applicable password is no longer secure.
Client must pay InvestiGauge per the payment schedule listed in the Service Order Form for Services. Fees for products and services not described in a Service Order Form will be invoiced as provided to Client, and shall be due and payable net thirty (30) days from the receipt of invoice. Client shall be responsible for any taxes, duties or withholdings based on Client's order (excluding taxes based on InvestiGauge's income). InvestiGauge may suspend the Services until all undisputed payments due for the Services are received. If there is a conflict in terms between this Agreement (including any Service Order Form) and a InvestiGauge invoice or any purchase order submitted by Client, this Agreement shall control. Any additional or different terms in invoices, acknowledgment forms, purchase orders, or other communications, are deemed material, are objected to, and rejected by the parties, unless agreed to in a signed writing by the parties. InvestiGauge shall have no obligation to refund prepaid fees under any circumstances.
InvestiGauge may terminate this Agreement for a material breach by Client thereof, if, within 30 days after receiving notice of InvestiGauge's intent to terminate under this Section, Client fails to cure such material breach. Client may terminate this Agreement for convenience on 30 days' notice during the term of the Agreement. On termination by Client, Client will be responsible for paying any remaining contracted fees that would have been due during the term if Client had not terminated. Sections 3(b), 3(c), 4(c), 4(f), 5 and 10-14 will survive the termination or expiration of this Agreement for any reason. InvestiGauge reserves the right to suspend or terminate an Authorized User's access to the Services at any time for any reason, including, but not limited to, InvestiGauge's reasonable belief that such Authorized User: (i) has violated these Terms, (ii) creates risk or possible legal exposure for InvestiGauge. InvestiGauge will notify Client of such suspension or termination. If Client registered for a trial use of the Services (the period specified as applicable to this trial use in connection with your trial enrollment, the "Trial Period"), Client must decide to purchase the Services within the Trial Period in order to retain any content posted or uploaded by Authorized Users under Client's account during the Trial Period. If Client does not purchase the Services by the end of the Trial Period, InvestiGauge will have no obligation to retain any content or materials, including User Content, posted or uploaded under Client's account. Upon termination of Client's account for any reason, InvestiGauge reserves the right to (a) collect all charges, fees, commitments and obligations incurred or accrued by Client; (b) delete any User Content under Client's account; (c) prohibit access to the account by Client and each Authorized User under Client's account, including without limitation by deactivating passwords; and (d) refuse future access to the Service by Client and each Authorized User under Client's account. Upon termination of an Authorized User's account for any reason, InvestiGauge reserves the right to (a) prohibit access to the account by the Authorized User, including without limitation by deactivating passwords; and (b) refuse future access to the Service by the Authorized User.
INVESTIGAUGE AND ITS SUPPLIERS PROVIDE THE SERVICES "AS IS" AND "AS AVAILABLE" AND DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. INVESTIGAUGE AND ITS SUPPLIERS DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES. INVESTIGAUGE AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, RELIABLE, OR ERROR-FREE. INVESTIGAUGE DISCLAIMS ALL LIABILITY IN CONNECTION WITH THE COLLECTION, STORAGE, REPRODUCTION, AND PROVISION OF THE USER CONTENT TO CLIENT AND CLIENT'S USE OF USER CONTENT.
INVESTIGAUGE AND ITS SUPPLIERS PROVIDE THE SERVICES "AS IS" AND "AS AVAILABLE" AND DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. INVESTIGAUGE AND ITS SUPPLIERS DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES. INVESTIGAUGE AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, RELIABLE, OR ERROR-FREE. INVESTIGAUGE DISCLAIMS ALL LIABILITY IN CONNECTION WITH THE COLLECTION, STORAGE, REPRODUCTION, AND PROVISION OF THE USER CONTENT TO CLIENT AND CLIENT'S USE OF USER CONTENT.
Please contact us at customersupport@InvestiGauge.com with any questions regarding these Terms of Service or Service Agreement.