User Agreement, Terms, and Conditions

Interactive Trader Trade Tool is operated as a cooperative by Rasonse.com and iVest Plus, Inc. (collectively IVP) Your access to or use of the website or apps constitutes your agreement to the following terms and conditions:

These are the terms and conditions on which you may use the iVestPlus.com website, IVP’s mobile and other online services (which we call ”IVP Content”). These terms apply to your use of iVestPlus.com and all IVP Content irrespective of the delivery platform or device you use to access it. By accessing Interactive Trader you are agreeing to these terms and conditions.

If you do not agree with the terms and conditions (or are not authorized to do so on behalf of your business or work) you should not use Interactive Trader, trade.response.com,  iVestPlus.com or any IVP Content and should cancel any subscription in accordance with your cancellation rights (see Section 4 below). If you have any questions please contact support@tradetoolsupport.com. We recommend that you print and save a copy of these terms and conditions for your records.

Except where we state otherwise in Section 4, references in these terms and conditions to ”IVP” (or ”we”, ”us” or ”our”) refer to the company operating iVestPlus.com. See Section 15 below for details.

1.  NO INVESTMENT RECOMMENDATIONS OR PROFESSIONAL ADVICE.

The Site is not intended to provide tax, legal, insurance or investment advice, and nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by IVP or any third party. You alone are solely responsible for determining whether any investment, security or strategy or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.

2.  NO INVESTMENT RECOMMENDATIONS OR PROFESSIONAL ADVICE

Stock and Options involve risk and are not suitable for all investors.  Prior to buying or selling an option, a person must receive a copy of Characteristics and Risks of Standardized Options (PDF). Copies of this document may be obtained from your broker or from any exchange on which options are traded.

The Site is not intended to provide tax, legal, insurance or investment advice, and nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by IVP or any third party. You alone are solely responsible for determining whether any investment, security or strategy or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.

3.  DISCLAIMERS OF WARRANTIES AND LIABILITY

THERE MAY BE OMISSIONS OR INACCURACIES ON THIS WEBSITE, AND YOUR ABILITY TO ACCESS THIS WEBSITE MAY, FROM TIME TO TIME, BE DELAYED AND/OR INTERRUPTED DUE TO SCHEDULED AND/OR UNSCHEDULED CAUSES. THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND. IVP MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATION OR WARRANTY REGARDING THIS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, IVP SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THIS WEBSITE, AND ALL REPRESENTATIONS OR WARRANTIES ARISING FROM CUSTOM OR USAGE OR BY OPERATION OF LAW.

IVP ACCEPTS NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN, OR THE CONSEQUENCE OF RELYING OR ACTING UPON, INFORMATION AVAILABLE THROUGH THIS WEBSITE OR ANY THIRD PARTY SITE ACCESSED THROUGH THIS WEBSITE. ANY RISK OF VIRUSES OR OTHER FORMS OF ELECTRONIC CONTAMINATION REMAINS, AT ALL TIMES, WITH THE USER OF THIS WEBSITE. IVP HAS NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS OR THE CONSEQUENCE OF RELYING OR ACTING ON INFORMATION AVAILABLE THROUGH THIS WEB SITE OR ANY SITES AVAILABLE THROUGH THIS WEB SITE.

IN NO EVENT WILL IVP BE LIABLE FOR ANY CLAIMS FOR DAMAGES (INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF YOUR USE OF OR RELIANCE ON THIS WEBSITE.

4.  SUBSCRIPTION SERVICES

We offer subscription services through iVestPlus.com and recommend that you read fully for more details and before purchasing a subscriptions

TYPES OF SUBSCRIPTION

Unless you purchase a subscription to use iVestPlus.com then your usage rights will be limited. You may obtain broader usage rights by purchasing an iVestPlus.com subscription. IVP reserves the right to vary the amount of content and types of service that it makes available to different categories of user which mean that we may increase or reduce the content and services that are only available to paying subscribers holders from time to time.

CONTRACT FORMATION:

IVP will try to process your subscription promptly but does not guarantee that your subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment details and email address, at which point we will provide you with access to your subscription. IVP reserves the right to reject any offer in its discretion, for any or no reason.

PAYMENT DETAILS:

When you subscribe you must provide us with complete and accurate payment information. By submitting payment details you promise that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently canceled, we may immediately terminate or suspend your access to your subscription and may in suspicious circumstances contact the issuing bank/payment provider and/or law enforcement authorities/other appropriate third parties. If you are entitled to a refund under these terms and conditions we will credit that refund to the card or other payment method you used to submit payment, unless it has expired in which case we will contact you. If you buy a subscription using a corporate credit card then we will treat your subscription as being for the benefit of both you and the relevant company.

PRICING:

The transaction will show on your card statement as TRADETOOL.COM - RESPONSE.  The subscription price will be made clear to you on our sign-up pages or otherwise during the sign-up process and may vary from time to time or by country. You agree to pay the fees at the rates notified to you at the time you take out your subscription. Before any price increase you will be notified at least 14 days prior to the billing cycle that will include the increase.  You can cancel your subscription prior to any price increase going into effect. All other billing terms still apply. For certain subscriptions, you can take out either an annual or monthly (or other frequency we offer) subscription. Other subscription services may only require a one-off payment. You can also use any other fixed term or payment frequency that we may offer from time to time. IVP will charge you in British Pounds Sterling, United States Dollars, Euros, Singapore dollars, Australian dollars, Hong Kong dollars, Swiss Francs or Japanese Yen depending on the service and your country of residence. You may also have to pay any applicable local taxes. Please click here for further tax information. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. We will always tell you in advance of any increase in the price of your subscription and offer you an opportunity to cancel it if you do not wish to pay the new price.

PRICING ERRORS:

If we incorrectly state a price to you whether online or otherwise, we are not obliged to provide you with a subscription at that price, even if we have mistakenly accepted your offer to buy a subscription at that price, and reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel the subscription without any obligation to us and we will refund you any money you have paid us in full or you may pay the correct price. If you refuse to exercise either of these choices then we may cancel your subscription and will refund you any money you have paid us in full. We will always act in good faith in determining whether a genuine pricing error has occurred.

OTHER COSTS:

In addition to any subscription fees you pay, you are responsible for paying any internet connection or other telecommunications charges that you may incur by accessing iVestPlus.com or using the services available on it. For example, if you use any of our mobile services then your network operator may charge you for data or messaging services.

TRIALS:

We may from time to time and at our discretion make a trial available to users, in which case we will only charge you for your subscription with effect from the expiry of the trial period. No more than one trial per subscriber is allowed in any twelve month period.

RENEWALS:

If you choose to pay monthly, your subscription will continue until you tell us that you no longer wish to receive it, in which case you will stop paying the monthly fees. Please see the “Cancellations by you” section below for details of how to cancel your monthly subscription. If you choose to pay annually, unless you notify us before the end of your annual subscription period that you no longer wish to receive it, your annual subscription will renew for either another year or change to monthly as noted on the billing terms at time of subscribing. We will charge the subscription using the same card or other payment methods that you previously used. We will notify you in advance of any changes to the price of your subscription that will apply upon renewal.

CANCELLATIONS BY YOU AND REFUNDS:

Unless you cancel your subscription before we have started providing any part of it to you (in which case we will provide you with a full refund), then you agree that once we have started providing any part of your subscription to you, you do not have any right to cancel your subscription or any part of it until the end of your then-current subscription period. This means that you are not entitled to a refund once we have started providing any part of your subscription to you, except in the very limited circumstances which are referred to in these terms and conditions. Although you may notify us of your intention to cancel at any time, such notice will only take effect at the end of your then-current subscription period. You may notify us of your wish to cancel your subscription by contacting our Customer Services team at support@tradetoolsupport.com.

CANCELLATIONS BY US:

IVP reserves the right to suspend or terminate your subscription if you breach these terms and conditions, with or without notice and without further obligation to you. You will not be entitled to any refund in these circumstances. If however we terminate or suspend your subscription for any other reason and/or permanently cease publishing iVestPlus.com, the IVP Content or cease to provide subscription services then, unless there are exceptional circumstances, we will provide you with a pro rata refund to your credit card, which means that we will refund you with any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription.

WHO YOUR SUBSCRIPTION CONTRACT IS WITH:

If you buy an Response.com, Interactive Trader, Trade Tool, and/or iVestPlus.com subscription only or other subscription service or if you buy an IVP Bundled subscription (i.e. iVestPlus.com subscription and another subscription together serviced by IVP) then you will be contracting with 1Vest Plus, Inc.  whose principal place of business is at 4300 Horton St. Unit 2, Emeryville CA 94608

5.  OUR RESPONSIBILITIES TO YOU

A SUMMARY OF WHAT THIS SECTION MEANS:

This section is important and you should read it carefully. It makes clear to what extent, if any, IVP accepts responsibility (liability) to you for your use of iVestPlus.com or the IVP Content or in respect of any third party products or services that we refer to or link to on iVestPlus.com. Unless you are a subscriber to IVestPlus., we accept no financial responsibility to you arising from your use of iVestPlus.com or the IVP Content. If you are a subscriber to iVestPlus.com, we limit our financial responsibility to you arising from your use of iVestPlus.com or the IVP Content to the price you paid for your subscription. In no circumstances do we accept responsibility for your use of Third Party Sites or in respect of any Third Party Products. By Third Party Sites we mean websites, online or mobile services provided by third parties, including websites of advertisers and sponsors that may appear on iVestPlus.com. By Third Party Products we mean products or services provided by third parties.

Limitations of IVP Content: the IVP Content (including any information we publish regarding Third Party Products) is only for your general information and entertainment purposes and is not intended to address your particular requirements. In particular, the IVP Content, including UGC and any other content provided by third parties and distributed by iVestPlus.com, does not constitute any form of advice, recommendation, representation, endorsement or arrangement by IVP. It is not intended to be and should not be relied upon by users in making (or refraining from making) any specific investment, purchase, sale or other decisions. Appropriate independent advice should be obtained before making any such decision, such as from a qualified financial adviser. Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) iVestPlus.com are at your own responsibility and entered into at your own risk. Any information that you receive via iVestPlus.com, whether or not it is classified as ”real time”, may have stopped being current by the time it reaches you. Share price information may be rounded up/down and therefore may not be entirely accurate.

KEY TERMS:

IVP WILL WORK TO DEVELOP AND OPERATE OUR SERVICES  WITH REASONABLE SKILL AND CARE AND WILL USE REASONABLE EFFORTS TO PROMPTLY REMEDY ANY FAULTS OF WHICH IT IS AWARE. THIS IS THE ONLY PROMISE WE MAKE IN RELATION TO OUR PROVISION OF YOUR SUBSCRIPTION, AND THE IVP CONTENT.

THE IVP CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THIS MEANS THAT IVP DOES NOT MAKE ANY PROMISES IN RESPECT OF iVestPlus.com OR THE SERVICES AND FUNCTIONS AVAILABLE ON OR THROUGH iVestPlus.com OR OF THE QUALITY, COMPLETENESS OR ACCURACY OF THE INFORMATION PUBLISHED ON OR LINKED TO FROM iVestPlus.com. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IVP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND DUTIES (EXCEPT ANY DUTIES OF GOOD FAITH) OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. IVP ALSO DOES NOT MAKE ANY PROMISES AS TO THE TIMELINESS, SECURITY, PERFORMANCE OR AVAILABILITY OF iVestPlus.com AND DOES NOT PROVIDE ANY WARRANTY OR REPRESENTATION THAT iVestPlus.com IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

THE ABOVE DISCLAIMERS APPLY EQUALLY TO YOUR USE OF iVestPlus.com AND ALL IVP CONTENT. WITHOUT LIMITING THE ABOVE, IVP IS NOT LIABLE FOR MATTERS BEYOND ITS REASONABLE CONTROL. IVP DOES NOT CONTROL THIRD PARTY COMMUNICATIONS NETWORKS (INCLUDING YOUR INTERNET SERVICE PROVIDER), THE INTERNET, ACTS OF GOD OR THE ACTS OF THIRD PARTIES.

LIMITATIONS OF LIABILITY:

YOU AGREE THAT IF WE ARE IN BREACH OF THESE TERMS AND CONDITIONS, WE WILL ONLY BE RESPONSIBLE TO YOU FOR ANY DAMAGES THAT YOU INCUR ARISING OUT OF YOUR USE OF iVestPlus.com OR THE IVP CONTENT (TO THE EXTENT THAT IVP’S LIABILITY IS NOT OTHERWISE EXCLUDED BY THIS SECTION 4) AS FOLLOWS:

• IF YOU INCUR ANY LOSS AS A RESULT OF USING iVestPlus.com OR ANY IVP CONTENT OUTSIDE THE SCOPE OF THESE TERMS AND CONDITIONS, IVP ACCEPTS NO RESPONSIBILITY (LIABILITY) TO YOU FOR THIS.  

• IF YOU HAVE PAID FOR A SUBSCRIPTION, THEN IVP ACCEPTS RESPONSIBILITY (LIABILITY) TO YOU FOR ANY DIRECT DAMAGES YOU ACTUALLY INCUR ARISING OUT OF YOUR USE OF iVestPlus.com OR THE IVP CONTENT IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, SUBJECT TO A LIMIT EQUAL TO THE PRICE PAID BY YOU TO IVP FOR YOUR SUBSCRIPTION DURING THE YEAR IN WHICH YOU INCUR THE THAT GAVE YOU ACCESS AT THE TIME YOU INCURRED THE DAMAGE. YOU MAY AT YOUR OPTION RECEIVE A RENEWAL TO YOUR SUBSCRIPTION FREE-OF-CHARGE AT THE POINT OF RENEWAL, IN PLACE OF MONETARY DAMAGES.

•  IF YOU HAVE NOT PAID FOR A SUBSCRIPTION, THEN IVP ACCEPTS NO RESPONSIBILITY (LIABILITY) TO YOU FOR ANY LOSS OR DAMAGE YOU MAY INCUR AS A RESULT OF YOUR USE OF iVestPlus.com OR THE IVP CONTENT IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.

 

THE LIMITATIONS OF LIABILITY IN THIS SECTION 2 APPLY FOR THE BENEFIT OF IVP, ITS AFFILIATES, INCLUDING THOSE LISTED IN SECTION 1 AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS.

TO THE FULL EXTENT PERMITTED BY LAW YOU ACKNOWLEDGE AND AGREE THAT OUR THIRD PARTY CONTENT AND DATA SUPPLIERS HAVE NO LIABILITY WHATSOEVER TO YOU IN RESPECT OF ANY OF THEIR DATA SUPPLIED TO YOU AS PART OF THE IVP CONTENT.

YOU ALSO AGREE TO WAIVE, TO THE FULL EXTENT PERMITTED BY LAW, ANY RIGHT YOU MAY HAVE TO BRING LEGAL CLAIM AGAINST SUCH THIRD PARTIES ARISING FROM YOUR USE OF THEIR CONTENT OR DATA ON ANY IVP SERVICE.

6.  LINKS AND THIRD-PARTY CONTENT.

This website provides links to other websites. These links are provided for convenience and informational purposes only, and not for purposes of making any endorsement or recommendation. You should be aware that when you select a link on the IVP website, you may be leaving the website. The information available on other websites may have certain restrictions on its use or distribution. Users should make themselves aware of such restrictions. IVP is not responsible for, nor has it developed or reviewed, the content of those sites, and does not make any warranty, express or implied, as to the accuracy, usefulness or timeliness of such information. In addition to links, other third party content may be available on this website. The views expressed are solely those of the author of the article, and do not necessarily reflect the views of the IVP; the information presented is not intended to constitute investment advice or recommendations to purchase, sell or hold securities of any company, but is intended to educate website users concerning the use of options, and the information presented is based on particular events that may or may not recur in the future.

7.  PROPRIETARY INTERESTS.

Information available on this website is owned, licensed or controlled by IVP or third parties who have permitted IVP license of its use. All trademarks, copyrights, trade names, service marks, logos or other identifying feature used on this website are property of their respective owners. Information may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose. Information may be viewed and printed for personal, non-commercial purpose. Any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

IVP does not permit unauthorized linking to or framing of this website. Any third party interested in creating a link or framing content from this website is required to submit a signed Linking, Framing and Content Sharing Agreement setting forth the terms and conditions by which such activities are allowed. IVP reserves the right to refuse to agree to any such request and also reserves the right to disable any unauthorized link to or framing of this website. IVP does not accept any responsibility for information available through any other website as a result of any unauthorized linking or framing activity.

8.  USER GENERATED CONTENT

iVestPlus.com includes discussion forums and blogs that allow interaction between users and between users and IVP staff (Forums). The information posted to these forums or blogs by users is “User Generated Content” or “UGC”.

If you wish to view or participate in a Forum then you must comply with any specific rules posted on the Forum. You will retain ownership of the copyright in any of your UGC that you or we publish on iVestPlus.com so you are free to re-use it as you wish. You agree that if you post UGC to a Forum then you are granting IVP a right (but not an obligation) unlimited in time to publish, re-use, archive, modify, delete or commercially exploit that UGC in whole or in part as we see fit, whether on iVestPlus.com or otherwise, without any requirement to pay you for this and with or without attribution to you. This means that you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license to use any UGC you publish in whole or in part in any manner and for any purpose whatsoever and without further obligation to you. You also waive any moral rights that you may have in regard to the UGC.

You are responsible for all the content of any of your UGC that you or we publish. You are financially responsible to us for any claim against us by any third party that your UGC is not in accordance with the bullet points below or that otherwise relates to your UGC.

You agree that you will:

• only publish UGC that is your original content and will not infringe the copyright or other rights of any third party when publishing UGC.  

• not post, link to or otherwise publish any UGC containing any form of advertising or promotion for goods and services or any spam or another form of unsolicited communication.

•  not post, link to or otherwise publish any UGC with recommendations to buy or not buy a particular share or other investment or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any share or other investment.  

• not post, link to or otherwise publish any UGC that is threatening, abusive, libelous, indecent or otherwise unlawful.

•  not disguise the origin of any UGC and not impersonate any person or entity (including IVP employees or Forum guests or hosts) or misrepresent any connection with any person or entity.  

• not post or otherwise publish any UGC unrelated to the Forum or the Forum’s topic.

•  not post or transmit any UGC that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of iVestPlus.com or any computer software or equipment.  

• not collect or store other users’ personal data.

•  not restrict or inhibit any other user from using the Forums.

The Forums contain UGC submitted by users over whom IVP has no control so we cannot, therefore, guarantee the accuracy, integrity or quality of any UGC. Some users may not behave properly and may post UGC that is misleading, untrue or offensive.

It is not possible for IVP to fully monitor all UGC published on iVestPlus.com but where we have actually received notice of any UGC that is potentially misleading, untrue, offensive, unlawful, infringes third party rights or is potentially in breach of these terms and conditions, then we will review that UGC, decide whether to remove it from iVestPlus.com and act accordingly. If you believe that any UGC published on iVestPlus.com infringes any legal rights that you may have or is not allowed under these terms and conditions, please notify us immediately with specific details by contacting us at info@iVestPlus.com.

9.  CHANGES TO AND VIOLATIONS OF TERMS OF USE.

IVP reserves the right to change the terms and conditions of this User Agreement at any time. Any such change will become effective immediately upon publication to this website.

10.  PRIVACY.

Your expectations of privacy are important. Please carefully read our separate Privacy Policy.

11.  USER OBLIGATIONS.

Any person accessing or using this website has the following obligations: (a) to provide accurate information; (b) to comply with all applicable laws and regulations; (c) not to introduce into this website, or any network or equipment supporting it, any virus, worm, harmful code, Trojan horse, or other disabling device, (d) not to attempt to interfere with or disrupt the website, or any network, and/or other equipment supporting it; (e) not to attempt to gain improper access to or otherwise interfere with any system or network connected to the website; and (f) not to use the website to send or otherwise distribute junk mail, spam, chain letters, or other unsolicited materials for mass distribution. Any violation of these obligations is grounds for denying a user access to and use of this website, in addition to any other available remedies.

12.  INDEMNIFICATION.

User agrees to indemnify and hold harmless IVP and its affiliates and their officers, directors, employees and agents from any and all claims and losses imposed on, incurred by or asserted as a result of or related to: (a) any noncompliance by user with the terms and conditions hereof; or (b) any third-party actions related to user’s receipt and use of the information, whether authorized or unauthorized.

13.  GENERAL.

IVP uses software programs and other tools to monitor traffic on this website to identify unauthorized attempts to upload or change information, or otherwise cause damage to the integrity of the website. IVP reserves the right to terminate access to this website, with or without notice, either generally or with respect to one or more particular IP addresses or Internet sites. IVP reserves the right to pursue all available remedies for any violation of these terms and conditions. If any clause of this User Agreement is declared invalid, that clause shall be deemed severable and shall not affect the validity or enforceability of the remainder.

14. Brokerage integration with TD Ameritrade

TD Ameritrade, Inc. (“TD Ameritrade”) has entered into a Marketing Partner Agreement with iVest Plus, Inc. (“Marketing Representative”) whereby TD Ameritrade compensates Marketing Representative for recommending TD Ameritrade as an executing broker. The existence of this Marketing Partner Agreement should not be deemed as an endorsement or recommendation of Marketing Representative by TD Ameritrade and/or any of its affiliated companies. Neither TD Ameritrade nor any of its affiliated companies is responsible for the privacy practices of Marketing Representative or this website. TD Ameritrade does not warrant the accuracy or content of the products or services offered by Marketing Representative or this website. Use of this website and its services and/or products is the decision of and at the discretion of the individual or entity choosing this service and/or product. TD Ameritrade makes no guarantees or warranties of any kind of the products or services offered by Marketing Representative or by or through this website and shall have no liability therefore.

15.  CHOICE OF LAW AND JURISDICTION.

These terms shall be governed by the laws of the State of California without regard to its conflict of law provisions, and User agrees to submit to the personal and exclusive jurisdiction of the courts located within San Francisco, CA.

16.  CORPORATE INFORMATION

 iVestPlus.com website, and its corporate address is 4300 Horton St., Unit 2, Emeryville CA 94608

17.  CHANGES TO TERMS AND CONDITIONS

These terms and conditions were published on September 15th, 2019 and replace with immediate effect any previous terms and conditions.

Privacy Policy

Effective Date: May 24, 2018

INTRODUCTION

We care about privacy and believe in creating a safe, secure, and transparent user experience. This Privacy Policy describes how Response and our affiliates (collectively, the “Company,” “Response,” “we,” and “us”) collect, use, disclose, transfer, store, retain or otherwise process your information when you (whether you are a person or a business) register for services, purchase services, or otherwise provide information in exchange for services provided by us (collectively, “Services”). Please carefully read this Privacy Policy below and contact us if you have questions about our practices or any of your rights described below. By continuing to interact with our Services, you are consenting to the practices described in this Privacy Policy.

Our Privacy Policy explains:

• What information we collect about you
• How we use your information
• When and with whom we share your information
• How long we retain your information
• Cookies and other similar technologies
• Third party advertising and analytics
• Your choices
• Security
• Storage and processing
• Changes to this privacy policy
• Contact

INFORMATION WE COLLECT ABOUT YOU

We need to collect and process your personal information to run our business and provide you with the Services. If you don’t want us to collect or process your personal information in the ways described in this policy, you shouldn’t use the Services. We are not responsible for the content or the privacy policies or practices of any third-party service providers, third-party websites, or third-party apps.

Information You Provide

We may collect information you provide when you register, sign up, purchase, communicate with us, answer our surveys, upload content, or otherwise use the Services.

We collect information about you when you use our Services, including:

• Identification Information. Your name; email address; mailing address; phone number; photograph; birthdate; passport, driver’s license, Social Security Taxpayer Identification, or other government-issued identification; or other historical, contact, and demographic information when you register for, purchase from, or otherwise request Services from us.
• Financial Information. Information such as bank account, payment card numbers, credit reports, and other publicly available information.
• Tax Information. Withholding allowances and tax filing status.
• Other Information You Provide. Information that you voluntarily provide to us, including your survey responses; participation in contests, promotions, or other prospective seller marketing forms or devices; suggestions for improvements; referrals; details about your background and experience with us; details about any external transaction or investment history; or any other actions performed on the Services.

Information We Collect From Your Use of our Services

We collect information about you and the devices you use to access the Services, such as your computer, mobile phone, or tablet. The information that we collect includes:

• Precise Geolocation Information. The location of your device. For more information and to learn how to disable collection of location information, please see below.
• Use Information. Information about how you use our Services, including your access time, “log-in” and “log-out” information, browser type and language, country and language setting on your device, Internet Protocol (“IP”) address, the domain name of your Internet service provider, other attributes about your browser, mobile device and operating system, any specific page you visit on our platform, content you view, features you use, the date and time of your visit to or use of the Services, your search terms, the website you visited before you visited or used the Services, data about how you interact with our Services, and other clickstream data.

Information We Collect From Other Sources

We also collect information about you from third parties, including:

• Identity Verification. Information from third-party verification services, mailing list providers, and publicly available sources.

Children’s Information

Our Services are general audience services not directed at children under the age of 13. We do not knowingly collect personal information from any user under 13. If we obtain actual knowledge that any information we collect has been provided by a child under the age of 13, we will promptly delete that information. If you believe we might have any information from or about a user under 13, please contact us at privacy@response.com.

HOW WE USE YOUR INFORMATION

We may use information about you for a number of purposes, including:

Providing, Improving, and Developing our Services

• Determining whether the Services are available in your country;
• Otherwise providing you with Services you choose to use;
• Providing, maintaining, and improving our Services;
• Developing new products and services;
• Delivering the information and support you request, including technical notices, security alerts, and support and administrative messages including to resolve disputes, collect fees, and provide assistance for problems with our Services or your account;
• Improving, personalizing, and facilitating your use of our Services;
• Measuring, tracking, and analyzing trends and usage in connection with your use or the performance of our Services.

Communicating with You About our Services

• Sending you information we think you may find useful or which you have requested from us about our products and services. We may also contact you with offers for additional services we think you will find valuable if you give us consent. You do not need to provide consent as a condition to purchase our goods or services. This communication may include contact by:
  • Email
  • Text (SMS/MMS) messages
  • Telephone calls
  • Automated phone calls or text messages
• Conducting surveys and collecting feedback about our Services.

Protecting our Services and Maintaining a Trusted Environment

• Investigating, detecting, preventing, or reporting fraud, misrepresentations, security breaches or incidents, other potentially prohibited or illegal activities, or to otherwise help protect your account;
• Protecting our, or our customers’ rights or property, or the security or integrity of our Services;
• Enforcing our Terms of Service or other applicable agreements or policies;
• Verifying your identity
• Complying with any applicable laws or regulations, or in response to lawful requests for information from the government or through legal process;
• Fulfilling any other purpose disclosed to you in connection with our Services;
• Contact you to resolve disputes, collect payments, and provide assistance with our Services.

Advertising and Marketing

• Marketing of our Services;
• Communicating with you about opportunities, products, services, contests, promotions, discounts, incentives, surveys, and rewards offered by us and select partners;
• If we send you marketing emails or SMS/MMS text messages, each email and message will contain instructions permitting you to “opt out” of receiving future marketing or other communications.
• If we call you to offer additional Services, you may request to be added to our internal do-not-call list. This will not remove you from security, legal, or administrative related communications.

To learn more about your choices regarding interest-based advertising and cross-device tracking, please see below.

Other Uses

• For any other purpose disclosed to you in connection with our Services from time to time.

HOW WE SHARE YOUR INFORMATION

We may share information about you as follows:

With Our Affiliates

• With our group companies and corporate affiliates, for the purposes outlined above.

With Third Parties

• With third parties to provide, maintain, and improve our Services, including service providers who access information about you to perform services on our behalf, as well as financial institutions, payment networks, payment card associations, partners providing services on our behalf, and other entities in connection with the Services;
• With third parties that run advertising campaigns, contests, special offers, or other events or activities on our behalf or in connection with our Services.
• SMS/MMS text messaging services provided by Stiki LLC. To view their Terms and Conditions, Privacy Policy, including how to opt-out, go to: http://www.text2offer.com/response.

Safety and Compliance with Law

• If we believe that disclosure is reasonably necessary (i) to comply with any applicable law, regulation, legal process or governmental request (e.g., tax authorities, law enforcement agencies, etc.); (ii) to enforce or comply with our Terms of Use or other applicable agreements or policies; (iii) to protect our or our customers’ rights or property, or the security or integrity of our Services; or (iv) to protect us, users of our Services or the public from harm, fraud, or potentially prohibited or illegal activities.

With Your Consent

• With your consent. For example:
  • At your direction or as described at the time you agree to share;
  • When you authorize a third-party application or website to access your information.

Without Your Consent

• We also may share (within our group of companies or with third parties) aggregated and anonymized information that does not specifically identify you or any individual user of our Services.

HOW LONG WE RETAIN YOUR INFORMATION

We generally retain your information as long as reasonably necessary to provide you the Services or to comply with applicable law. However, even after you cancel or deactivate your account, we can retain copies of information about you and any transactions or Services in which you may have participated for a period of time that is consistent with applicable law, applicable statute of limitations or as we believe is reasonably necessary to comply with applicable law, regulation, legal process, or governmental request, to detect or prevent fraud, to collect fees owed, to resolve disputes, to address problems with our Services, to assist with investigations, to enforce our Terms of Use or other applicable agreements or policies, or to take any other actions consistent with applicable law.

COOKIES AND OTHER SIMILAR TECHNOLOGIES

We use various technologies to collect information when you access or use our Services, including placing a piece of code, commonly referred to as a “cookie,” or similar technology on your device and using web beacons. Cookies are small data files that are stored on your hard drive or in your device memory when you visit a website or view a message. Among other things, cookies support the integrity of our registration process, retain your preferences and account settings, and help evaluate and compile aggregated statistics about user activity. We will begin collecting information about you or from activity on devices you use as soon as you use our Services. By using our Services, you permit us to collect and use your information from activity on devices you use in accordance with this Privacy Notice. For more information and to learn how to block or delete cookies used in the Services, please see below.

Certain cookies we use last only for the duration of your web or application session and expire when you close your browser or exit the application. Other cookies are used to remember you when you return to use the Services and, as such, will last longer.

We may use cookies to:

• Remember that you have visited us or used the Services before. This allows us to identify the number of unique visitors we receive, so that we can provide enough capacity to accommodate all of our users.
• Customize elements of the promotional layout and/or content of our Services.
• Collect data about the way you interact with our Services.
• Collect data to assess and improve our advertising campaigns, including sending information to our business partners.
• Allow our business partners (including third parties) to use these tracking technologies to track your behavior on our behalf on our website(s) or application(s) (including when you use multiple devices) and on partner websites.
• Enable third parties to collect data about the way you interact across sites outside of our Services.
• Collect anonymous statistical information about how you use the Services (including the length of your web or application session) and the location from which you access the Services, so that we can improve the Services and learn which elements and functions of the Services are most popular with our users.

Some of the cookies used in the Services are set by us, and others are set by third parties who deliver services on our behalf.

Most web and mobile device browsers are set to automatically accept cookies by default. However, you can change your browser settings to prevent automatic acceptance of cookies, or to notify you each time a cookie is set.

You also can learn more about cookies by visiting http://www.allaboutcookies.org, which includes additional useful information on cookies and how to block cookies on different types of browsers and mobile devices. Please note, however, that by blocking or deleting cookies used in the Services, you may not be able to take full advantage of the Services.

We also may collect information using web beacons. Web beacons are electronic images that may be used in our Services or emails. We use web beacons to deliver cookies, track the number of visits to our website and apps, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon.

THIRD-PARTY ADVERTISING AND ANALYTICS

We can use third-party service providers to provide site metrics and other analytics services. These third parties can use cookies, web beacons, and other technologies to collect information, such as your IP address, identifiers associated with your device, other applications on your device, the browsers you use to access our Services, webpages viewed, time spent on webpages, links clicked, and conversion information (e.g., transactions entered into). This information can be used by Square and third-party service providers on behalf of Square to analyze and track usage of our Services, determine the popularity of certain content, and better understand how you use our Services. The third-party service providers that we engage are bound by confidentiality obligations and other restrictions with respect to their use and collection of your information.

This Privacy Notice does not apply to, and we are not responsible for, third-party cookies, web beacons, or other tracking technologies, which are covered by such third parties’ privacy policies. For more information, we encourage you to check the privacy policies of these third parties to learn about their privacy practices. For more information about targeted advertising specifically, please visit http://www.aboutads.info/choices.

Examples of our third-party service providers to help deliver our Services or to connect to our Services include:

• Google Analytics: We use Google Analytics to understand how our Services perform and how you use them. To learn more about how Google processes your data, please visit https://www.google.com/policies/privacy/. To opt out of Google Analytics please visit https://tools.google.com/dlpage/gaoptout.
• Facebook: We use Facebook to advertise and market our services. We also use Facebook Connect API to allow you to connect your Facebook account to your Square account. To learn more about how Facebook uses your data please visit https://www.facebook.com/help/325807937506242/ or log on to your Facebook account and access your settings. To understand more about Facebook advertising please see here https://www.facebook.com/about/ads.
• LinkedIn: We use LinkedIn to advertise and market our services. To learn more about how LinkedIn uses your data please visit https://www.linkedin.com/legal/privacy-policy or log on to your LinkedIn account and access your settings. To understand more about LinkedIn advertising please see here https://business.linkedin.com/marketing-solutions/ads.

These third-party service providers make use of cookies to implement their services.

YOUR CHOICES

Personal Information

You may view, change, or correct information that you have provided by making a request to us using the contact details below, in which case we may need to verify your identity before viewing or otherwise changing or correcting your information.

Canceling or Deactivating Your Account

If you wish to cancel or deactivate your account, you can do so by emailing us using the contact details below.

Location Information

In order to provide certain Services, we may require access to location information, including precise geolocation information collected from your device. If you do not consent to collection of this information, certain Services will not function properly, and you will not be able to use those Services. You can stop our collection of location information at any time by changing the preferences on your mobile device. If you do so, some of our mobile applications will no longer function.

Do Not Track

Do Not Track (“DNT”) is an optional browser setting that allows you to express your preferences regarding tracking across websites. We do not have a mechanism in place to respond to DNT signals. We do track some activity across websites (including your search terms, the website you visited before you visited or used the Services, and other clickstream data) and we may continue to collect information in the manner described in this Privacy Policy from web browsers that have enabled DNT signals or similar mechanisms.

Promotional Communications

You can opt out of receiving promotional messages from us by following the instructions in those messages, by informing the caller that you would not like to receive future promotional calls or by replying STOP to any SMS/MMS message. Opting out of receiving communications may impact your use of the Services. If you decide to opt out, we can still send you non-promotional communications, such as digital receipts and messages about your account or our ongoing business relations.

California Privacy Rights

California law permits residents of California to request certain details about our disclosure of your personal information to third parties for direct marketing purposes during the immediately preceding calendar year. If you are a California resident and would like to request this information, please contact us at the address listed below.

SECURITY

We take reasonable measures, including administrative, technical, and physical safeguards, to protect your information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. Nevertheless, the internet is not a 100% secure environment, and we cannot guarantee absolute security of the transmission or storage of your information. We hold information about you both at our own premises and with the assistance of third-party service providers.

STORAGE AND PROCESSING

We may, and we may use third-party service providers to, process and store your information in the United States, Canada, the European Union, and other countries.

CHANGES TO THIS PRIVACY POLICY

We may amend this Privacy Policy from time to time by posting a revised version and updating the “Effective Date” above. The revised version will be effective on the “Effective Date” listed. We will provide you with prior notice of material changes in how we use your information, including by email, if you have provided an email address. If you disagree with these changes, you may cancel at any time. Your continued use of our Services constitutes your consent to any amendment of this Privacy Policy.

CONTACT

Please contact our Privacy Department with any questions or concerns regarding this Privacy Policy.

Response
c/o Privacy Matters
380 S. Technology Ct., Ste. 100
Lindon, UT 84043, U.S.A

privacy@response.com

If you have any questions or concerns regarding our notice, or if you believe our notice or applicable laws relating to the protection of your personal information have not been respected, you may file a complaint with our Privacy Department listed above, and we will respond to let you know who will be handling your matter and when you can expect a further response. We may request additional details from you regarding your concerns and may need to engage or consult with other parties in order to investigate and address your issue. We may keep records of your request and any resolution.

COUNTRY/REGION-SPECIFIC DISCLOSURES

Residents of the European Economic Area

• If you elect not to provide person data

  You may choose not to provide us with your information. However, if you choose not to provide your information, you may not be able to enjoy the full range of Services.

• How to exercise your rights

  We take steps to keep your information accurate and up to date. If you reside in the European Economic Area, you have certain rights to the information that we have collected about you. To exercise your rights to your information, please email or mail to us using the contact details above. Subject to applicable law, we will respond to reasonable requests as soon as practicable, within the limits prescribed by law.

  You have the following rights:

  • Right of access to your Information: You have the right to ask us for confirmation on whether we are processing your information, and access to the information related on that processing.
  • Right to correction: You have the right to have your information corrected, as permitted by law.
  • Right to erasure: You have the right to ask us to delete your information, as permitted by law. This right may be exercised among other things: (i) when your information is no longer necessary for the purposes for which it was collected or otherwise processed; (ii) when you withdraw consent on which processing is based; (iii) when you object to processing; or, (iv) when your information has been unlawfully processed.
  • Right to restriction of processing: You have the right to request the limiting of our processing under limited circumstances, including: when the accuracy of your information is contested; when the processing is unlawful, and you oppose the erasure of your information and request the restriction of the use of your information instead; or when you have objected to processing.
  • Right to data portability: You have the right to receive the information that you have provided to us, in a structured, commonly used and machine-readable format, and you have the right to transmit that information to another controller, including to have it transmitted directly, where technically feasible.
  • Right to object: You have the right to object to our processing of your information, as permitted by law. This right is limited to processing. After which, we will no longer process your information unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.
• How we may disclose your information

  The GDPR and national laws of European Union member states implementing the Regulation permit the sharing of information relating to users who are residents of the European Economic Area with third parties only under certain circumstances. If you reside in the European Economic Area, we will only share your information as described in our Privacy Policy under the heading How We Share Your Information if we are permitted to do so under applicable European and national data protection laws and regulations.

• Marketing communications

  Where we are legally required to do so, we ask you for your prior consent before providing you with promotional materials or information. When required by local law, when marketing consent is obtained, we use the double-opt-in method (confirmation of your email address by email before sending you promotional messages) in order to verify your consent. You may revoke your consent at any time (this will not affect the processing of your information undertaken until the revocation). If you want to stop receiving promotional materials, etc., you can do so at any time as outlined in the Your Choices section above.

• Additional use of information

  Additional use of your information that is not described in this Privacy Policy will only take place as required by statute or when we have obtained your consent.

• Legal Basis for Processing under the GDPR

  In this section we provide information on the legal basis for our processing of your information:

  • When you register for an event, an account, or with our Services, such processing is necessary for the performance of our Services.
  • When we collect precise location data following your prior consent, we process such data on the basis of your prior consent. In other cases where we process your location data without consent, for example in order to provide our Services, such as is necessary for the performance of our Services.
  • When you communicate with us or sign up for promotional materials, we process such data on the basis of our legitimate interest, and our legitimate interest is to provide you with our promotional messages. Where we are required under applicable local law to obtain consent for sending you marketing information, the legal basis is your consent.
  • When you participate in special activities, offers, promotions, or programs.
    • We process such data on the basis of our legitimate interest, and our legitimate interest is to provide you with our promotional messages.
  • When you engage with our online advertising and we actively collect your information in this context, we process such data on the basis of our legitimate interest, and our legitimate interest is to provide you with our promotional message.
  • When you access third party products and services and we obtain information about you from such third-party sources:
    • We process such data on the basis of our legitimate interest, and our legitimate interest is to enhance your experience and to improve our Services.
  • When you connect with us through social media:
    • Where we collect your consent in such case, for instance for marketing purposes, we process such data on the basis of your prior consent.
    • Where we do not collect your consent in such case, we process such data on the basis of our legitimate interest, and our legitimate interest is providing you with better Services and to enable you to use the full range of our Services.
  • When we collect data from third parties or publicly-available sources:
    • For information which we need in order to perform the Services, such processing is necessary for the performance of our Services.
    • With regard to other information, we process such data on the basis of our legitimate interest, and our legitimate interest is providing you with better Services and to enable you to use our Services more efficiently.
  • When we leverage and/or collect cookies, device IDs, location data, data from the environment, and other tracking technologies, we process such data on the basis of your consent, and based on our legitimate interest, where we do not obtain your consent and our legitimate interest is to provide you with better Services or marketing.
  • When we aggregate or centralize data, such processing is either necessary for the performance of our Services, or we process such data on the basis of our legitimate interest, and our legitimate interest is to provide you with better or customized Services and marketing.
  • When we provide you geographically relevant Services, offers, or advertising:
    • Where we collect your consent in such case, we process such data on the basis of your prior consent.
    • Where we do not collect your consent in such case, for such data that we need in order to perform the Services, such processing is necessary for the performance of our Services.
    • Where we do not collect your consent in such case and where we do not need such data in order to perform the Services, we process such data for our legitimate interest in offering you marketing and improving our Services.
  • When we disclose information to our affiliates and partners, and to our service providers and vendors:
    • Where we collect your consent in such case, we process such data on the basis of your prior consent.
    • Where we do not collect your consent in such case, such processing is necessary for the performance of our Services, or we process such dad on the basis of our legitimate interest, and our legitimate interest is to provide you with better Services and marketing.
  • When we process or share information in the event of an actual or contemplated sale, we process such data for our legitimate interest in offering, maintaining, providing, and improving our Services.
  • When we conduct analytics, we process such data on the basis of our legitimate interest, and our legitimate interest is to enhance your experience and to develop and improve our Services.
  • When we investigate suspected illegal or wrongful activity, we process such data on the basis of our legitimate interest, and our legitimate interest is to ensure compliance with legal requirements and law enforcement requests and for public safety purposes.
• Right to lodge a complaint before the Data Protection Authority

  We encourage you to contact us directly and allow us to work with you to address your concerns. Nevertheless, you have the right to lodge a complaint with a competent data protection supervisory authority, in particular in the EU Member State where you reside, work or the place of the alleged infringement. You have the right to do so if you consider that the processing of information relating to you infringes applicable data protection laws.

• Changes to this Privacy Policy

  In order to enhance our Services, it might be necessary to change this Privacy Policy from time to time. We therefore reserve the right to modify this Privacy Policy in accordance with the applicable data protection laws. Please visit our website from time to time for information on updates to this Privacy Policy.

• How to contact us or our Privacy Office

  In case of questions about the processing of your information please contact us at privacy@response.com.