Terms of Service

We do not control the Content posted by third parties on OpenInvest (“Third Party Content”) and do not guarantee the accuracy, integrity or quality of such Third Party Content. You understand that by using the Services you may be exposed to Third Party Content that is false, misleading, fraudulent, offensive, indecent and/or objectionable. Under no circumstances will we be liable in any way for any Third Party Content, including any errors or omissions in any Third Party Content, or any loss or damage of any kind incurred as a result of your use of any Third Party Content.  You are responsible for complying with all laws applicable to the Content you submit to OpenInvest.  YOUR USE OF THIRD PARTY CONTENT IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY CONTENT (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY CONTENT).

You should not, and you agree you will not, construe, treat or rely on Content as (i) advice from OpenInvest or its affiliates as to the value of securities, the selection of an investment adviser or the advisability of investing in, purchasing or selling securities or (ii) analyses or reports from OpenInvest or its affiliates concerning securities. Any Content posted on OpenInvest has been posted in order to generate community discussion of such Content. Any views, strategies or products discussed on this site may not be appropriate for all individuals and are subject to risks. Investors may get back less than they invested, and past performance is not a reliable indicator of future results. Asset allocation does not guarantee a profit or protect against loss. Nothing on this site should be relied upon in isolation for the purpose of making an investment decision. You are urged to consider carefully whether the services, products, asset classes (e.g. equities, fixed income, alternative investments, commodities, etc.) or strategies discussed are suitable to your needs. You must also consider the objectives, risks, charges, and expenses associated with an investment service, product or strategy prior to making an investment decision. You should be aware of the general and specific risks relevant to the matters discussed on this site. You will independently, without any reliance on OpenInvest, make your own judgment and decision with respect to any investment or strategy referenced on this site. We make no representations, warranties or guarantees whatsoever as to the accuracy, integrity or quality of such Content and under no circumstances will OpenInvest be liable in any way for any Content, including any errors or omissions in any such Content, or any loss or damage of any kind incurred as a result of your use of any such Content. The views, opinions, estimates and strategies expressed on this site constitute OpenInvest judgment based on current market conditions and are subject to change without notice. OpenInvest assumes no duty to update any information on this site in the event that such information changes. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.

You must enter into an agreement in order for JPMorgan to provide you with any investment advisory services. Except in such  instance, you agree and acknowledge that JPMorgan is neither your investment advisor nor your fiduciary. Nothing on this site shall be construed as giving rise to any duty of care owed to, or advisory relationship with, you or any third party. Nothing on this site shall be regarded as an offer, solicitation, recommendation or advice (whether financial, accounting, legal, tax or other) given by OpenInvest and/or its officers or employees, irrespective of whether or not such communication was given at your request. OpenInvest and its employees do not provide tax, legal or accounting advice. You should consult your own tax, legal and accounting advisors before engaging in any financial transactions. You should not rely  on any Content when making investment decisions.

Restrictions on Rights to Use

You agree that, subject to the section captioned “Certain Third Party Content” below, without our express written consent, you shall not (and you agree not to allow any third party to):

• modify, adapt, translate or reverse engineer any portion of the Sites;
• remove any copyright, trademark or other proprietary rights notices contained in or on the Sites or in or on any contributed Content or other material obtained via the Services;
• except for tools provided through the Sites, use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve or index any portion of the Sites;
• access, retrieve or index any portion of the Sites for purposes of constructing or populating a searchable database of information;
• collect or store personal data or any other information about other users or members of the Sites (including usernames and/or email addresses) in connection with the prohibited activities described in this section, or for any other purpose other than for your own personal, non-commercial use;
• reformat, frame or place pop-up windows over any portion of a Site, or otherwise affect the way that any Site is displayed;
• add or use ActiveX, Java, Javascript, cookies, web beacons or other tracking technologies on the Sites;
• impersonate any person or entity, including, but not limited to, any employee or officer of OpenInvest, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• create or transmit unwanted electronic communications such as “spam” to other users or members of the Services or otherwise interfere with other users’ or members’ enjoyment of the Services;
• transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
• forge headers or manipulate identifiers or other data in order to disguise the origin of any Content transmitted through the Sites or to manipulate your presence on the Sites;
• use the Sites or Services to violate the security of any computer network, crack passwords or security encryption codes, or transfer or store illegal material, including material deemed threatening or obscene;
• copy or store any Content offered on OpenInvest for other than your own personal use;
• use any device, software or routine that interferes with the proper working of the Sites or Services or otherwise attempt to interfere with the proper working of the Sites or Services;
• take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
• reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Sites or Services, use of the Services, or access to the Services;
• solicit any user for any investment or other commercial or promotional transaction; or
• use the Sites or Services, intentionally or unintentionally, to violate any applicable local, state, national or international law.

Unauthorized access to the Sites or Services is a breach of these Terms of Service and a violation of law. You agree not to access the Sites or Services by any means other than through the interfaces that we or our partners provide to you for accessing the Sites and Services. We may at any time, without prior notice and in our sole discretion, remove any post, terminate the membership of, or take any other appropriate action against any person who violates the Terms of Service. Illegal or unauthorized uses of the Sites or Services will be investigated and subject to appropriate legal action, including, without limitation, civil, criminal and/or injunctive redress.

Interstate and International Nature of Communications

You acknowledge that in using the Services to send electronic communications, you will be causing communications to be sent through our computer networks, portions of which are located in various states and localities in the United States and portions of which may be located abroad. As a result, and also as a result of OpenInvest’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that the use of the Services results in interstate data transmissions.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.

Copyright Dispute Policy

We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (available here). The address of OpenInvest’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is provided at the bottom of this section.

Our Policy

It is our policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or users; and (ii) remove and discontinue service to repeat offenders.

Procedure for Reporting Copyright Infringements

If you believe that material or Content residing on or accessible through the Sites infringes your copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below (“Proper Bona Fide Infringement Notification”):

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that was allegedly infringed;
• Identification of the works or materials being infringed;
• Identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
• Contact information about the notifier including address, telephone number and, if available, email address;
• A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
• A statement made under penalty of perjury that the information provided is accurate and that the notifying party is authorized to make the complaint on behalf of the copyright owner.

Please note that if you choose to send a Proper Bona Fide Infringement Notification to the Designated Agent via email, all required information must be provided in the body of the email as we will not accept or open attachments.

Upon Receipt of a Bona Fide Infringement Notification

Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is our policy:

• to remove or disable access to the infringing material;
• to notify the Content provider, member or user that it has removed or disabled access to the material; and
• that for repeat offenders, we will also terminate such Content provider’s, member’s or user’s access to the Sites.

Procedure to Supply a Counter-Notice to the Designated Agent

If the Content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the Content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

• A physical or electronic signature of the Content provider, member or user;
• Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
• A statement that the Content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
• The Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider’s, member’s or user’s address is located, or if the Content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which we are located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

Removal

If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter- notice, in our discretion.

Address for Designated Agent

Please contact our Designated Agent to Receive Notification of Claimed Infringement at the following address:

Copyright Agent, Open Invest Co.
c/o Leigh Kloss
560 Mission St. 22nd Floor
San Francisco, CA 94105
marketing@openinvest.com

Our Proprietary Rights

The Sites (including, but not limited to, text, photographs, graphics, video and audio Content, but excluding any Content that is subject to the section captioned “Certain Third Party Content” below) are protected by copyright as collective works or compilations under the copyright laws of the United States and other countries. All individual articles, Content and other elements comprising the Sites and Portfolio Tracker are also copyrighted works. The Sites and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, are owned by OpenInvest or its licensors. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without the owner’s prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of the owner’s proprietary rights. Except for any third party exchange data, you may download information and print out a copy for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded. You acknowledge that the Sites and any underlying technology or software used in connection with the Sites or Portfolio Tracker contain our proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the Sites, in whole or in part, except as expressly provided in our policies and procedures made available via the Sites. Except as expressly and unambiguously provided herein, neither we nor our suppliers grant you any express or implied rights, and all rights in the Sites not expressly granted by us to you are retained by us.

Trade names, trademarks and service marks of OpenInvest include, without limitation, the name “Open Invest Co.”, “OpenInvest”, and all associated logos. “J.P. Morgan” is a trademark of JPMorgan Chase Bank, N.A. All trademarks and services marks on the Sites that are not owned by us are the property of their respective owners. Nothing contained on the Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

Privacy

Use of the Sites and the Services, and all information that you provide to us in order to register for the Sites, is governed by our Privacy Policy. We strongly urge you to review the terms of the Privacy Policy.

Term

These Terms of Service, as amended from time to time, will remain in full force and effect while you use the Services or use any Content that you have obtained from OpenInvest. We may terminate these Terms of Service for any reason, at any time. Any provisions in these Terms of Service that by their nature or as specified hereunder are intended to continue beyond termination or expiration of these Terms of Service, including, without limitation and for the avoidance of doubt, the sections captioned “Our Proprietary Rights,” “Privacy,” “Term,” “Disclaimer,” “Limitation on Liability,” “Indemnity,” “Certain Third Party Content” and “Miscellaneous,” shall survive any termination or expiration of these Terms of Service.

Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (A) THE SITES AND SERVICES ARE PROVIDED BY US ON AN “AS IS, ” “WHERE IS,” AND “WHERE AVAILABLE” BASIS, AND WE AND OUR LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THE OPERATION OF THE SITES AND SERVICES OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON, OR IN ASSOCIATION WITH, THE SITES AND SERVICES; (B) WE AND OUR LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITES AND THE SERVICES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; AND (C) WE AND OUR LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE SITES OR DISPLAYED THROUGH THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR LICENSORS AND AFFILIATES MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR- FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY THIRD PARTY USER OF THE SITES OR SERVICES. WE DO NOT WARRANT OR COVENANT THAT THE SITES AND SERVICES WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES AND SERVICES ARE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES OR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THROUGH OR FROM THE SITES OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

NEITHER WE NOR THE SITES OR SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. WE ARE NOT A REGISTERED BROKER-DEALER, REGISTERED INVESTMENT ADVISER, OR TAX ADVISOR. Before making any final decisions or implementing any financial strategy, you should consider obtaining information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.

WHETHER OR NOT EXPRESSLY STATED, ALL DISCLAIMERS IN THESE TERMS AND CONDITIONS ARE MADE ON BEHALF OF OPENINVEST, ITS AFFILIATES, AND ITS AND THEIR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

Limitation on Liability

NEITHER WE NOR OUR AFFILIATES SHALL BE LIABLE FOR DAMAGES ARISING FROM THE PROVISION OR USE OF THE SITES OR SERVICES, INCLUDING THE RECOMMENDATIONS, EXCEPT FOR DAMAGES RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

FOR THE AVOIDANCE OF DOUBT, NOTHING IN THESE TERMS OF SERVICE SHALL CONSTITUTE A WAIVER OR LIMITATION OF YOUR RIGHTS UNDER ANY FEDERAL OR STATE SECURITIES LAWS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) WE SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM OUR OBLIGATIONS HEREUNDER WHERE SUCH FAILURE RESULTS FROM ANY CAUSE BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION (INCLUDING “LINE- NOISE” INTERFERENCE); AND (B) WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR OUR SUPPLIERS WILL BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT, DIRECTLY OR INDIRECTLY, BE LIABLE, IN ANY WAY, TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY: (A) INACCURACIES OR ERRORS IN OR OMISSIONS FROM THE CONTENT OR SERVICES INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OR ANALYSIS, PRICES OF SECURITIES AND FINANCIAL DATA; (B) DELAYS, ERRORS, OR INTERRUPTIONS IN THE TRANSMISSION OR DELIVERY OF THE CONTENT OR SERVICES; OR (C) LOSS OR DAMAGE ARISING FROM YOUR USE OF THE CONTENT OR SERVICES THEREON.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Indemnity

You agree to indemnify and hold OpenInvest, its parents, subsidiaries, affiliates, officers, directors, shareholders, predecessors, successors in interest, agents and employees, harmless, including costs and attorneys’ fees, from any demand, loss, liability, claim, cause of action, judgment or demand made by any third party due to or arising out of (i) your access to the Sites, (ii) your use of the Services, (iii) your submission of Contributed Content, (iv) the violation of these Terms of Service by you, (v) your violation of law in your use of the Services or in your dealings with other users of the Services including the Securities Act of 1933, Securities Exchange Act of 1934, the Investment Advisers Act of 1940 and the Investment Company Act of 1940, each as amended, or (vi) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

Removing your account for the Services

To remove your email from the OpenInvest newsletter list, unsubscribe at any time from the email footer or email hello@openinvest.com.

Subject to and as explained in our Privacy Policy and the remainder of this paragraph, your OpenInvest account data will be removed within 30 days of the closing of the account. Even if we close your account, we may retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. Please also note that there might be latency in deleting information from our servers and backed-up versions might exist after deletion.

Governing Law

If there is any dispute about or involving the Sites or Services, you agree that the dispute will be governed by the laws of the State of New York, without regard to its conflict of law provisions.

Miscellaneous

No agency, partnership, joint venture, or employment is created by these Terms of Service and you have no authority of any kind to bind us in any respect whatsoever.  We may provide you with notices, including notices regarding changes to the Terms of Service, by email, regular mail or postings on the Sites or Partner Sites.  These Terms of Service and all terms referenced herein contain the entire agreement between us regarding the use of the Sites and Services. Our failure to exercise or enforce any right or provision of these Terms of Service does not waive such right or provision.

If any provision of these Terms of Service is found unenforceable or invalid, that provision shall be limited to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable.   The Parties agree to exclusive personal jurisdiction by, and venue in, the state and federal courts of the State of New York, County of New York, for any dispute involving the Sites or Services, the Terms of Service or the Privacy Policy.

These Terms of Service are not assignable, transferable or sublicensable without our prior written consent.  Section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service include any notices regarding the Sites.

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