Welcome to Ivyvest! We hope that you enjoy the site and find our service to be useful and profitable. It is important that you understand your basis for using our site.
Acceptance of Terms
This document is a legal agreement between you and Ivy Publications LLC, a California limited liability company doing business as IvyVest. All mention of "we", "IvyVest", or "our" below shall be construed to refer to Ivy Publications LLC and any of its employees, agents, or contractors. Furthermore, this agreement should be understood to be an agreement between yourself and Ivy Publications LLC and any of its employees, agents, or contractors.
By using our site and/or any premium services we create, you are agreeing to be bound by these Terms and Conditions. If you do not wish to be bound by what is written below, then you should not use our site or subscribe to any of our premium services. We may change these terms at any time, but we will post a notice on our website if we make any material changes.
Some of our services may be works in progress. We reserve the right to eliminate them at any time.
Important Disclosure About the Nature of Our Publications
We are publishers. That means that while we can do everything in our power to provide you with useful information, we are not investment advisors and we cannot provide personalized advice. We cannot and do not know all the relevant facts about your personal situation, and we cannot claim or represent that any particular investments or services are appropriate for you. If you want personal advice, then you should seek a Registered Investment Advisor (RIA).
You understand that any views expressed on this site, are, in many cases the authors own opinions. In some cases, those views might disagree with other views expressed on another part of the site.
We hope that the insights that we provide will be enormously useful to you in making investment decisions, but those decisions are totally up to you and we accept no responsibility for their outcome. You understand that any trading in securities is inherently risky, and that past performance is not necessarily indicative of future performance.
Our Premium Services
In accordance with the above, it is important to understand that if you sign up for one of our premium services, you are purchasing premium content, not investment advice. If you sign up for our investment services we agree to provide you with:
- An electronic newsletter to be delivered to your email address of record once a month
- An email alert when one of our model portfolio's changes a position
Your credit card will be billed once upon signing up for the service and again on an ongoing and recurring basis at the frequency that you have chosen to pay over (either monthly or annually). You acknowledge this and agree to honor all payments.
You may cancel the premium service at any time from your user profile, however a refund will only be given if you cancel within the first thirty days after you sign up for the first time by clicking "Cancel My Account" on your profile page. In this case, your credit card will be refunded for the full price of the subscription. If you cancel at any other time, you will not be issued a refund for the unused portion of your subscription.
Unless you cancel your membership by clicking on the cancel membership link on your user profile, we will automatically renew your membership and continue to charge your credit card on an ongoing basis. You agree to pay the applicable subscription fee as set forth on this site. We reserve the right to increase a Service's fees or institute new charges upon reasonable notice.
Should we fail to publish a newsletter or disseminate an alert within a reasonable period of time, we reserve the right to credit your account at our own discretion. We cannot be responsible if correspondences of any kind are lost in an email spam filter or if we are otherwise unable to deliver them to your email address of record.
We reserve the right to cancel your account and terminate your use of the service at any time, with or without cause. If you violate the Terms of Service, your account may be immediately terminated and you will not be eligible for a refund of any kind.
Disclaimer of Warranties
While every effort has been made to produce accurate, comprehensive, and useful content, we do not warrant the completeness or accuracy of the content found on our website or in any of our premium services. We make no promises at all other than to do our best to create content that is useful, illuminating, and engaging.
We also do not warrant and accept no liability that your use of the Services and any content contained therein will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Services or the server(s) on which the Services are hosted are free of viruses, worms, malicious code, Trojan horses, malware, or other harmful components. IvyVest, Ivy Publications LLC, and its agents, contractors, and affiliates accept no liability for any software downloaded from our site. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the services, and all charges related thereto. You assume total responsibility and risk for your use of the site and premium subscription services, and your reliance thereon.
THE SOFTWARE AND CONTENT IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Your use of IvyVest's premium services comes with certain terms.
- You have been granted individual access and use only. You may not transfer to or resell your use of or access to the service to any third party. To use the service in a group or institutional setting, please contact us for details.
- You are responsible for keeping your personal information, including your billing information, up to date.
- You are responsible for all activities that occur under your account.
- You are responsible for maintaining the confidentiality of your user account, including your email address and password.
- You agree to notify us at firstname.lastname@example.org if you become aware of any possible unauthorized use(s) of your account or any possible breach of security, including loss, theft, or unauthorized disclosure of your password.
Limitation of Liability
We believe that the best person to handle your finances is you. By your use of our Services, you're agreeing that you bear responsibility for your own investment research and investment decisions. You also agree we will not be liable for any investment decision made or action taken by you or others based on news, information, opinion, or any other material published on our site.
NEITHER IVYVEST, IVY PUBLICATIONS LLC, NOR ITS AFFILIATES, SUPPLIERS, SUBSIDIARIES, OR AGENTS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR ANY CONTENT CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION, ANY THIRD-PARTY CONTENT, OR ANY SERVICES USED OR PURCHASED THROUGH IVYVEST, WHETHER SUCH DAMAGE IS FORESEEABLE OR NOT AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FOR AVOIDANCE OF DOUBT, DAMAGES ARISING UNDER THE SECTION ENTITLED "INDEMNIFICATION" (INCLUDING WITHOUT LIMITATION DAMAGES TO WHICH A PARTY IS ENTITLED TO INDEMNIFICATION UNDER SUCH SECTION THAT SUCH PARTY SUFFERS IN CONNECTION WITH THIRD PARTY CLAIMS FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARE DEEMED TO BE DIRECT DAMAGES OF THE INDEMNIFIED PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION — WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE — SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICES IN THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.
You agree to indemnify, defend and hold harmless IvyVest, Ivy Publications LLC, our current and former affiliates, our current and former officers, directors, employees, agents and representatives and their successors and assignees from and against any and all liabilities, claims, (including, without limitation, third-party claims), damages, losses, costs (including reasonable attorneys' fees), or other expenses associated with or incurred as a result of or from (a) your violation of the TOU; (b) your use of the Services; (c) your violation of the rights of any third party; (d) the actual or alleged infringement of any third party proprietary or intellectual property right arising out of the duplication, sale, distribution, or use of the Services, or (e) any liability arising from Your use of the Services.