Please carefully read the following Terms of Service before using the www.vestopia.com
website (the "Site"). By accessing this Site, you agree to be bound by these Terms
of Use. If you do not agree to the Terms of Service, you should not use this Site, or
subscribe to its services. Each time you use the Site, the current version of the
Terms of Service will apply. Accordingly, when you use the Site, you should check the
date of the Terms of Service (which appears at the bottom) and review any changes since
the last version.
The information provided on this Site is not intended for distribution to, or use
by, any person or entity in any jurisdiction or country where such distribution
or use would be contrary to law or regulation. The information contained on this
Site does not constitute an offer by Vestopia, its Investment Directors, or its
affiliates to buy or sell any securities, futures, options or other financial instruments,
or an offer to effect any transaction for you. The information posted does not recommend
that you engage in any specific investment transaction, or represent that the information
or any opinion is suitable for every investor. Vestopia seeks to make available
to its users information concerning the actions and decisions of specific investors
so that the user can observe and evaluate the actions of the investor(s) about whom
they want further information.
The selected investors ("Investment Directors") that you observe are not investment
advisers, and have agreed to allow Vestopia to monitor and record their personal
investment activities (Vestopia will not disclose on the Site identifying account
information or financial institution information for monitored accounts). As a user,
you select the Investment Directors you wish to track. By accessing Vestopia, and
using this Site to access the information it contains, you specifically acknowledge
that the Investment Directors you monitor are effecting the transactions posted
to the Site, and you acknowledge that each Investment Director will have affected
the transactions reported on the Site. If you determine to affect a similar or related
transaction you will do so with the explicit knowledge that the monitored investors
will have completed execution of the disclosed transactions.
1. Copyright
All data and materials on the Site, including without limitation the text, graphic,
logos, and all other audible, visual or downloadable materials, as well as the selection,
organization, coordination, compilation and overall look and feel of the Site are
the intellectual property of Vestopia ("Vestopia"), its affiliates, licensors and
suppliers. The data is protected by copyright and other intellectual laws and all
ownership rights remain with Vestopia, its affiliates, licensors or suppliers, as
the case may be.
You may only use the data retrieved from our Site for your own personal, non-commercial
purposes. Any other use, including the copying, distribution or redistribution of
the data by caching, framing or similar means, or selling, reselling, re-transmitting
or otherwise making the data retrieved from our services available in any manner
to any third party is strictly prohibited. In addition, dissemination of the information
on this Site may be subject to regulation under various Federal or state securities
laws
2. Services
Neither Vestopia, its Investment Directors, nor anyone affiliated with Vestopia
is disposing investment advisory services, nor are any of these parties investment
advisors. We do not purport to tell people, or suggest to people what they should
buy or sell for themselves. Neither Vestopia, its Investment Directors, nor anyone
affiliated with Vestopia is responsible for any investment decision made by users.
Users should always read the corresponding prospectus, check with their licensed
financial advisor and their tax advisor to determine the suitability of any investment.
Please conduct your own due diligence. Investment Directors frequently render opinions
concerning securities, portfolio of securities, transactions and investment strategy.
However, they are their own opinions, and none of the information contained therein
constitutes a recommendation by them or Vestopia that any particular security, portfolio
of securities, transaction, or investment strategy is suitable for any specific
person. Further, such information is impersonal and not tailored to the investment
needs of any specific person. Finally, the passage of time can render all information
stale, and Vestopia, its Investment Directors, nor anyone affiliated with Vestopia
is not responsible for any misconceptions that may result from the reading of dated
material.
3. Trademarks
Vestopia is the trademark of Vestopia Inc. All other brands and names are the property
of their respective owners.
4. Registration, Accounts and Passwords
If you become a user and create an account on the Site, you agree to be responsible
for: (i) maintaining the confidentiality of passwords or other account identifiers
which you choose and (ii) all activities that occur under such password or account
identifiers. You agree to notify Vestopia of any unauthorized use of your password
or account identifiers. Vestopia will not be responsible or liable, directly or
indirectly, in any way for any loss or damage of any kind incurred as a result of,
or in connection with, your failure to comply with this section of the Terms of
Use.
5. Links to Other Sites
This Site may contain links to websites operated by other people or companies. Vestopia
does not control the content that appears on third party websites or take responsibility
for such content, nor should it be implied that Vestopia endorses or otherwise recommends
such websites or their products or services.
6. Blogs
We provide message boards and blogs for users of the Site to post comments and messages
for others to read. You alone are responsible for the content of your messages or
any materials you transmit to others, and any consequences of such messages. Please
carefully consider the information you choose to post on any message board or blog.
You should not include your telephone number, street address or last name on any
area of the Site that is accessible to the public nor provide such personally identifying
information or private financial data, brokerage account information, or other portfolio
and investment data to people you do not know. Vestopia assumes no responsibility
or liability for any inaccurate, inappropriate, or offensive material or information,
products or services you may be provided by other users of Vestopia.
You further agree that you will not use the Site or post on message boards or blogs,
any message or material of any kind or nature that is unlawful, harassing, libelous,
defamatory, abusive, threatening, harmful, vulgar, obscene, profane, racially insensitive,
inaccurate, or otherwise objectionable material or that encourages conduct that
could constitute a criminal offense, give rise to civil liability, or otherwise
violate any applicable local, state, national or international law or regulation.
Vestopia will cooperate fully with any law enforcement officials and/or agencies
in the investigation of any person or persons who violate the Terms of Service. You
agree that you will not use the Site or any posting on the Site to manipulate any
market or any security, or engage in any other activity that would violate any Federal
or state securities law.
You agree not to impersonate any other person or entity, whether actual or fictitious,
including impersonating an employee or consultant of Vestopia. You agree not to
post or use the Site to distribute or send any illegal material of any kind, including
but not limited to, illegal material in the form of text, graphics, video, programs
or audio. Posting content or participating in any form of discussion with the intention
to commit any illegal activity is strictly prohibited.
You acknowledge that Vestopia is not obligated to review content or pre-screen content
posted by users prior to the content's posting to any area of the Site, but that
Vestopia shall have the right to remove, refuse to post, edit, move, or close, in
whole or in part, any thread or posting in any message board, blog or similar feature
on the Site an any time for any reason, in Vestopia's sole discretion. Content posted
by any user to the message boards or blogs on the Site does not reflect the opinions
or views of Vestopia, its subsidiaries or affiliates. Vestopia makes no warranty,
whether express or implied, as to the accuracy of any content or material that is
posted on the Site's message boards or blogs.
7. Submitting Information to Vestopia
Please see our Privacy Policy for general information regarding the collection and
use of personal and aggregate information on our Site. Vestopia does not want to
receive confidential or proprietary information from you through this Site, including
through message boards, blogs or similar features on the Site, unless you have another
written agreement with Vestopia related to the sharing of such information. Any
information that Vestopia receives through its Site, other than your personally
information and aggregate information covered by Vestopia's Privacy Policy, will
be deemed to be non-confidential and non-proprietary. By transmitting to Vestopia
information via this site or otherwise through electronic means without a written
agreement with Vestopia relating to your submission, you understand and agree that
Vestopia may use that information for any purpose whatsoever without obligation
to you and you automatically grant Vestopia, its affiliates, and subsidiaries an
irrevocable, royalty-free, perpetual, non-exclusive, worldwide license to use, copy,
display, publish, modify, and edit such submissions in any form, media, or technology,
whether now known or hereafter developed, and to sublicense these rights to anyone.
You also warrant that, to the extent that you are not the exclusive holder of all
rights in content you submit, the holder of any rights has completely and effectively
waived all such rights and validly and irrevocably granted to you the right to grant
the license stated above. You also permit any user to access, display, view, store
and reproduce such content that you have made public.
8. Disclaimer
The data, information, services offered for sale and materials contained in and/or
advertised on the Site, including without limitation, text, graphics and links,
are provided on an "as is" basis with no warranty.
Vestopia, its affiliates, agents, licensors, and suppliers make no representation
or warranty of any kind whatsoever to you or any other person relating in any way
to the site. Vestopia, its affiliates, agents, licensors, and suppliers disclaim
to the maximum extent permitted by law, any and all such representations and warranties.
Without limiting the generality of the foregoing, Vestopia, its affiliates, agents,
licensors, and suppliers disclaim to the maximum extent permitted by law any and
all warranties, express or implied, including, without limitation, any (i) warranties
of merchantability or fitness for a particular purpose; (ii) warranties against
infringement of any third party intellectual property or proprietary rights; (iii)
warranties relating to delays, interruptions, errors, or omissions in the site,
or any part thereof; (iv) warranties relating to the transmission or delivery of
the site; (v) warranties relating to the accuracy or correctness of data on the
site and (vi) other warranties relating to performance, nonperformance, or other
acts or omissions of Vestopia, its affiliates, agents, licensors, or suppliers.
Further, and without limiting the generality of any of the foregoing, there is no
warranty that the site will meet your needs or requirements or the needs or requirements
of any other person. Services may be limited by many factors, including inherent
risks of the internet.
Because some states do not allow the exclusion or limitation of certain categories
of damages or implied warranties, the above limitations may not apply to you. In
such jurisdictions, Vestopia's, its affiliates', agents', licensors', and suppliers'
liability is limited to the greatest extent permitted by law.
9. Limitation of Liability
In no event will Vestopia, its affiliates, agents, licensors, suppliers or any party
involved in creating, producing or delivering this site be liable in any manner
whatsoever for any damages of any kind, including but not limited to direct, indirect,
incidental, consequential, special or punitive damages arising out of this site,
your access, use or inability to use this site, or in connection with any failure
or performance, error, omission, interruption, defect, delay in operation or transmission,
computer virus or line or system failure (including loss profits, loss of business
or data, business interruption, and damages that result from inaccuracy of the information
or inconvenience, delay, or loss of the use of the site).
Vestopia reserves the right to alter or remove the content of this site or suspend
or terminate your use in any way, at any time, for any reason, without prior notification,
and will not be liable in any way for possible consequences of such changes.
The foregoing limitations apply whether the alleged liability is based on contract,
tort, negligence strict liability or any other basis, even if Vestopia, its affiliates,
agents, licensors, suppliers or any other party has been advised of the possibility
of such damages.
Because some jurisdictions do not allow the exclusion or limitation of incidental
or consequential damages, Vestopia's, its affiliates', agents', licensors' and suppliers'
liability in such jurisdictions shall be limited to the extent permitted by law.
10. Indemnification
By using the Site, you agree to indemnify, defend and hold harmless Vestopia, its
Investment Directors and its affiliates from and against any actual or alleged claims,
demands, causes of action, judgments, damages, losses, liabilities, and all costs
and expenses of defense (including, without limitation, reasonable attorneys' and
other legal fees and costs) arising out of or relating to: (1) your violation of
these Terms of Service or any law, rule or regulation; (2) a claim that is based on
your use of any content on the Site; or (3) any material uploaded by you or through
your computer to the Site or otherwise sent by you to Vestopia. Vestopia reserves
the right to assume the exclusive defense and control of any matter subject to indemnification
by you, and you will not in any event settle any claim without the prior written
consent of Vestopia.
11. Choice of Law and Forum
This Terms of Service shall be governed and construed in accordance with the laws of
the State of Delaware, excluding its conflicts of law rules. Any dispute arising
out of or relating to this Terms of Service or your access or use of this Site will
be subject to the exclusive jurisdiction of the court located within the state of
Delaware in the United States of America, and you hereby submit to the personal
jurisdiction of such courts.
Last updated June 2007