Terms of Use

July 31, 2015

Welcome to the website of VestU, LLC. The following terms and conditions, together with any documents they expressly incorporate by reference, including without limitation the Privacy Policy and any applicable Subscription Agreement (collectively, these “Terms of Use”), govern your access to and use of www.VESTU.com, related VestU websites, including any content, functionality and services offered therein (collectively, the “Site”), and the VestU subscription services (“Services”).

Please read the Terms of Use carefully before you start to use the Site or subscribe to the Services. BY ACCESSING, BROWSING OR USING THE SITE (INCLUDING YOUR SUBMISSION OF INFORMATION TO THIS SITE), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY (WHICH IS INCORPORATED HEREIN BY REFERENCE), AND TO COMPLY WITH ALL APPLICABLE UNITED STATES LAWS AND REGULATIONS. You agree that the Terms of Use, combined with your act of using the Site, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable statute of frauds. You further agree that you shall not challenge the validity, enforceability, or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized.

This Site are the Services are offered and available to users who are 18 years of age or older and reside in the United States. By using this Site and the Services, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Site or the Services.

The information presented on or through the Site is made available solely for general information purposes. We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

Site Usage

You agree to use the Site only for lawful purposes and only for your own personal, non-commercial use and you may download or print a single copy of any portion of the Site for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such material. No other use is permitted unless otherwise expressly permitted by VestU. You may not, for example, use the Site to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.

You are prohibited from violating or attempting to violate the security measures on the Site, including, without limitation:

  • Using a false password or one belonging to another user or accessing data not intended for the user or logging into a server or account which such user is not authorized to access;
  • Disclosing a password or permitting a third party to use a password or failing to notify us if a password is compromised;
  • Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;
  • Attempting to interfere with service to any user, host or network;
  • Sending unsolicited e-mail, including promotions and/or advertising of products or services;
  • Hijacking all or any part of the Site content, deleting or changing any Site content, deploying pop-up messages or advertising, running or displaying this Site or any Site content in frames or through similar means on another Site, or linking to the Site or any page within the Site, without our specific written permission.

We have absolute discretion to determine if any use violates these rules, and to act as we deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.

Site Contents

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, audio, video clips, text, “look and feel”, layout, graphics, messages, files, documents, and written and other materials that appear as part of the Site (collectively, the “Contents”) whether publicly posted or privately transmitted, as well as all derivative works are property owned, controlled, licensed or used with permission by VestU, and/or its parents, subsidiaries, and affiliates (collectively, “VestU”) or other parties that have licensed to or otherwise permitted their material to be used by VestU. The Site as a whole and its Contents are protected by copyright, trademark, trade dress and other laws and all worldwide right, title and interest in and to the Site and its Contents are owned by VestU or used with permission. VestU.com, VestU, the VestU logo, “Be a better investor”, and all other trademarks appearing on this Site are trademarks of VestU or are licensed or used with permission of the owner by VestU. You agree not to display or use such trademarks without VestU’s prior written permission. VestU disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own.

The Contents of the Site, and the Site as a whole, are intended solely for personal, non-commercial use by the users of the Site and may not be used except as permitted in these Terms of Use. No right, title or interest in any downloaded materials or software is transferred to you as a result of any downloading or copying. You may not reproduce (except as noted herein or in an applicable Subscription Agreement), republish, publish, upload, post, transmit, distribute (including by email or other electronic means), publicly display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related Services without the prior written consent of VestU or the owner of such material. Nothing contained on this Site grants or should be construed as granting, any license or right to use, implied or otherwise, any trademarks, trade names, service marks, trade dress, copyrighted or other proprietary material displayed on this Site without the prior written consent of VestU or the owner of such material, unless set forth in a valid Subscription Agreement between you and VestU. All rights not expressly granted herein by VestU to you are reserved by VestU and/or its licensors. Third-party trade names, product names and logos, contained in this website may be the trademarks or registered trademarks of their respective owners.

The information presented on or through the Site is made available solely for general information purposes. We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

Requests to use the Content for any purpose other than as permitted in this agreement should be submitted to support@VestU.com.

Your Privacy Rights

All information we collect on this Site is subject to our Privacy Policy. By using the Site or the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links to Third Party Websites

VestU is not responsible for the contents of any linked website that may be contained on our Sites, or any link contained in a linked website, or any changes or updates to such websites. The inclusion of any link does not imply endorsement by VestU of that website and is provided only for informational purposes.

Indemnification

You shall indemnify, defend and hold harmless the VestU and its sponsors, business affiliates, subsidiaries, affiliates, officers, directors, employees, attorneys and agents, from and against any and all damages, claims and actions brought by you or any third party resulting from your use of the Site in violation of these Terms or the infringement by you of any Intellectual Property rights of any person or entity.

Disclaimer and Limitation of Liability

THE CONTENT, SERVICES, INFORMATION AND ACCESS TO THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. VESTU DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. VESTU DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL BE UNINTERRUPTED, CONTINUOUS, OR ERROR-FREE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT SHALL VESTU OR ANY OF ITS AFFILIATED ENTITIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES, EVEN IF VESTU HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Inaccuracy; Reliance

The information presented on or through the Site is made available solely for general information purposes. From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions, including those that may relate to service descriptions, pricing, availability, and investment information. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

VestU will use commercially reasonable efforts to provide accurate and updated information. However, VestU cannot and does not guarantee the accuracy of such information. Finally, through the Site, VestU may provide the capability for you to upload and download files from/to your computer. Although VestU takes the security precautions outlined in the Terms of Use and Privacy Policy, there can be no guarantee that files you download from the Site will be corruption free, will not be intercepted by hackers, or will meet your needs and expectations.

Not Investment Advice

THE INFORMATION ON THE SITE AND PROVIDED THROUGH THE SERVICES IS PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. VESTU DOES NOT GIVE TAX, LEGAL, OR INVESTMENT ADVICE, IS NOT AN INVESTMENT ADVISOR NOR DOES IT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. YOU SHOULD ALWAYS SEEK THE ASSISTANCE OF A PROFESSIONAL FOR TAX, LEGAL, AND INVESTMENT ADVICE. THE INFORMATION DOES NOT TAKE INTO ACCOUNT ALL OF THE UNIQUE CIRCUMSTANCES WHICH AFFECT AN INDIVIDUAL’S INVESTMENT DECISIONS AND NOTHING ON THE SITE OR IN THE SERVICE SHOULD BE DEEMED PERSONALIZED ADVICE THAT IS BASED ON ANY KNOWLEDGE OF YOUR PERSONAL FINANCIAL SITUATION. NO MATERIAL ON THIS SITE IS AN OFFER OR SOLICITATION TO BUY OR SELL ANY INVESTMENT.

Jurisdiction

This Site (excluding linked sites) is controlled by VestU which is headquartered in the State of Texas, United States of America. By accessing this Site both you and VestU agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Site or the information contained herein. You and VestU also agree and hereby submit to the exclusive personal jurisdiction and venue of the Texas state courts in county of Dallas and the United States District Court for the Northern District of TEXAS, with respect to such matters, and waive any jurisdictional or venue defenses otherwise available. VestU makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

Modifications Of Terms Of Use

The VestU, in its sole discretion, reserves the right to update, revise, supplement and to otherwise modify these Terms of Use, and to impose new or additional terms and conditions on your use of the Site from time to time. Such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions (collectively referred to in these Terms of Use as “Additional Terms”) will be effective immediately and incorporated into these Terms of Use upon notice thereof, which may be given by any reasonable means, including by posting to the Site. Your continued viewing or use of the Site following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms.

Waiver

VestU’s failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of VestU’s right to subsequently enforce such a provision or any other provision of this Agreement, nor will any delay or omission on the part of VestU to exercise or take advantage of any right or remedy that VestU has or may have hereunder, operate as a waiver of any right or remedy.

Severability

In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such a provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.

Dispute Resolution

Any controversy or claim arising out of or relating to these Terms of Use, the Site, or the provision of the Services shall be finally settled by binding arbitration in accordance with the most current commercial arbitration rules of the American Arbitration Association (“AAA”). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in English in Dallas, Texas, by one arbitrator selected by mutual agreement of the parties or, failing such agreement, in accordance with such AAA rules, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Each party will bear its own attorney fees, and all other costs of arbitration will be borne by the parties equally. Either party may seek an interim or preliminary relief from a court of competent jurisdiction in Dallas, Texas, necessary to protect the rights or property of either party pending the completion of arbitration. EXCEPT AS PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST VESTU ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Customer Support

Please contact support@VestU.com with questions or problems with the Site or the Services.

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