Terms of Service
These Terms of Service (“Terms”) govern your access to and use of InvestmentPal.com, InvestmentPal Blog (blog.investmentpal.com), and their directly associated domains and services (collectively “InvestmentPal”, “Website” or “Services”). By accessing or using the Services, you agree to be bound by these Terms, including our Privacy & Cookies Policy. You may use the Services only if you comply with these Terms and all applicable laws and are not barred from receiving services under the laws of any applicable jurisdiction. “We” “us” and “our” refer to IVPL Pte. Ltd. “You” and “your” refer to each user of the Services.
We may revise these Terms from time to time, and the most current version always will be on the Website. If any revision is material, we will notify you via a message on the Website or e-mail to the address associated with your account. By continuing to access or use the Services after any revision becomes effective, you agree to be bound by the revised Terms.
1. Content and Use of Services
You are responsible for any content you post to the Website which may be accessible by other users, the public and through third party services and websites. You may not post content that is unlawful, misleading, inappropriate, fraudulent, or that infringes or breaches someone else’s rights. Your content may be rebroadcasted by other users.
You retain ownership of, or such other rights as are applicable to, content you post on the Website. For content that is covered by intellectual property rights (“IP Content“), you grant us a perpetual, irrevocable, worldwide, non-exclusive, transferable, royalty-free, sub-licensable license to use any IP Content that you post on or in connection with the Website (“IP License“). We may modify and adapt your content in order to conform and adapt that content to any requirements or limitations of any networks, devices, services or media. This IP License ends when you delete your IP Content unless such content has been shared with others, and they have not deleted it. You understand that deleted content may remain on backup copies.
You are responsible for your use of the Website and for any consequences thereof. We do not exercise editorial control over any content posted on InvestmentPal.com and cannot guarantee the reliability, truthfulness, accuracy, or completeness of any content posted nor endorse the opinions expressed on InvestmentPal.com. By using the Website, you understand that you may be exposed to content that might be mislabeled, offensive, inaccurate, harmful, inappropriate, or deceptive. We shall not be liable for any loss or damage of any kind incurred as a result of the use of any content posted on the Website or broadcast elsewhere.
You agree that we and our third-party providers may display advertisements in connection with your use of the Website.
InvestmentPal.com enables you to follow and subscribe to RSS and Atom feeds of third-party sites. By following or subscribing to a RSS or Atom feed from a third-party website, you are indicating that you agree with the terms governing the use of the RSS or Atom feed specified on that third-party website
2. Our Rights
All rights, titles, and interest in and to the Website, excluding user-generated content and third‑party content, are and will remain the exclusive property of us and our licensors. The Website is protected by copyright, trademark, and other laws. You will not use our copyrights or trademarks, or any confusingly similar marks, without our written permission. When you provide feedback to us, you understand that we may use it without any obligation to compensate you.
We reserve the right to remove any content or feeds deemed inappropriate, and to limit or terminate the availability of the Website to any person, geographic area, or jurisdiction.
You understand that no content posted on the Website constitutes a recommendation that any particular security, portfolio of securities, transaction, investment product or strategy is suitable for any specific person. You also understand that none of the Website’s users, information providers or their affiliates are advising you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment product, strategy or other matter. To the extent any of the content posted on the Website may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person.
You make investment or other decisions (including but not limited to decisions related to tax, accounting, insurance, legal, mortgage and real estate matters) by relying on information you receive in connection with the Website at your own risk and we, our employees, and our agents will not be liable for any losses that you may sustain. We disclaim any and all liability in the event any information on the Website is inaccurate, incomplete or unreliable or results in any investment or other losses.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any content on the Website and to terminate users or reclaim account names. Accounts under investigation for violation of these Terms may be suspended. We reserve the right to immediately terminate your account without further notice in the event that, in our judgment, you have committed a violation.
Creating an Account: You will not provide any false personal information on the Website and you may not impersonate others. You may not use the Website if you are under 18 years of age. You may not create multiple accounts for disruptive, abusive or misleading purposes. You may not engage in name squatting. We reserve to right to remove an account if it is deemed to be name squatting.
Prohibited Activities: You may not engage in any activity by which you, or any third party, obtain any payment or other consideration for access to or use of the Website or any content. Prohibited activities include, but are not limited to, sale of advertisements on the Website
Inappropriate content: You will not post content, or links to content, that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence. You will not launch personal attacks against an author or another user, or post content, or links to content, that may be offensive, indecent, objectionable, false, misleading, malicious, discriminatory or simply inappropriate.
Spam: You must not use the Services for the purpose of spamming anyone.
Improper Technical Access: You will not do anything that could disable, overburden, or impair the proper working of the Website. You will not access, tamper with, or use non-public areas of the Website; test the vulnerability of any system, circumvent any security or authentication measures; access the Website by any means (automated or otherwise) other than through our currently available, published interfaces, such as by crawling or scraping; forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Website to send altered, deceptive or false source-identifying information.
You are responsible for paying all fees and applicable taxes associated with paid services you buy in a timely manner with a valid payment method. If your account is past due, we reserve the right to either suspend or terminate your paid service or your account with us. Except as may be set forth in applicable terms, any fees charged to your account are non-refundable.
6. Privacy & Cookies
Please refer to our Privacy & Cookies Policy with respect to information that we collect from you.
As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages, which you may not be able to opt-out of.
7. Passwords and Account Access
You are responsible for keeping your InvestmentPal.com account password secure. We recommend that you use strong passwords (passwords that are long, use upper and lower case letters, numbers and symbols) with your account. We will not be liable for any loss or damage arising from any unauthorized use of your account.
If you violate the letter or spirit of these Terms, or otherwise create possible legal exposure for us, we can stop providing all or part of the Services to you. We may notify you by email or at the next time you attempt to access your account. You may delete your account. Upon termination, the following provisions will survive: Sections 2, 3, 5, 6, 7, and 9 through 18.
9. Copyright Policy
We respect the intellectual property rights of others and expect users of the Services to do the same. It is our policy to promptly process, investigate and respond to notices of alleged intellectual property right infringement that comply with the Digital Millennium Copyright Act (“DMCA”) (Title 17, United States Code, §512) or other applicable law.
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to the designated agent specified below. To be effective, the notification must be a written communication that includes the following:
An electronic or physical signature of the owner of the copyright, or an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Designated agent: Dana H. Shultz, Attorney at Law, 160 Bell AvenuePiedmont, California 94611
Telephone: 510 547-0545, Fax: 510 420-1525, E-mail: [email protected]
10. The Services are Available “AS-IS”
Your access to and use of the Services or any content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, WE AND OUR LICENSORS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. We will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any content. You also agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through the Services, will create any warranty not expressly made herein.
11. Links and Third-Party Content
The Website may contain links to third-party product, service, and content websites. We exercise no control over the third-party products, services, content, and websites and we are not responsible for their performance. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any products, services or content made available through these third-party product, service, and content websites.
We may need to disclose personally identifiable and other information when required by law, such as subpoenas or court orders, or in compliance with applicable laws. We will only reveal such information when we have a good faith belief that the request meets applicable legal standards, or that it is necessary to exercise our legal rights or defend against legal claims.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the Terms; (b) your use of the Website; (c) your violation of the rights of any third party, or (d) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive termination of these Terms and your use of the Website.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; 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 DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
15. Waiver and Severability
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
16. Choice of Law, Jurisdiction and Forum
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Services may be brought solely in the state or federal courts in the County of Santa Clara, California, and you hereby consent to the exclusive jurisdiction of such courts.
17. Entire Agreement
These Terms are the entire and exclusive agreement between us and you regarding the Services (excluding any services for which you have a separate agreement with us that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between us and you regarding the Services.
You may not transfer any of your rights or obligations under these Terms without our written consent. These Terms does not confer any third-party beneficiary rights. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, sale of assets, or by operation of law or otherwise.
Nothing in these Terms shall prevent us from complying with applicable laws, regulations, or orders of courts or other governmental agencies.