WiseBanyan Terms of Use

WiseBanyan, Inc. (“WiseBanyan” or “The Firm”) is a registered investment advisor that operates an advisory service which interacts with Users and Clients through the website www.wisebanyan.com and a blog on www.wisebanyan.com/wiseblog. By using the WiseBanyan website, blog, and the collection of features, tools, technology, and software operated or offered by WiseBanyan (collectively the “Site”), you agree to these Terms of Use.

IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT USE THE SITE.

1. Content. “User Information” as used in these Terms of Use means, collectively, the information and other content that users post, upload, submit, provide, approve of, or otherwise make available to the WiseBanyan site. This User Information includes personal information such as name, address, employer, and email address, as well as any other information gathered from Users and Clients through the Site. “Content” as used in these Terms of Use means, collectively, all content on or made available through the WiseBanyan Site that is not User Information, including but not limited to text, performance charts, investment portfolios, investment plans, recommendations, projections, any information identifying or describing asset managers or funds, and stock quotes. WiseBanyan reserves the right to remove and permanently delete any Content or User Information from the Site without notice.

2. Eligibility. The Site is intended solely for persons ages 18 years or older. By accessing or using the Site, you represent and warrant that you are 18 or older. Any access to or use of the Site by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use. WiseBanyan reserves the right to refuse eligibility to any person or persons without cause.

3. Proper use. WiseBanyan reserves the right to monitor your usage of the Site and content and to investigate suspicious activity. In its sole discretion, WiseBanyan may take any action it deems necessary, including but not limited to terminating the Account of any user that WiseBanyan determines has acted unethically or illegally or otherwise has violated these Terms of Use.

4. Restrictions. By accessing the Site, you agree not to engage in any of the following:

  • Circumvent, disable, or otherwise interfere with security-related features of the Site or features preventing or restricting use or copying of any Content or User Information;
  • Email, upload, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation;
  • Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site to send altered, deceptive, or false source- identifying information;
  • Use any meta tags or other hidden text or metadata utilizing a WiseBanyan name, trademark, URL or product name;
  • Transmit or post any file which contains viruses, Trojan horses or any other contaminating, disruptive or destructive computer code or features, or that otherwise interferes with the proper working of the Site;
  • Upload, email, transmit, provide, or otherwise make available any User Information that includes code that is hidden or otherwise surreptitiously contained within the User Information;
  • Collect or store personal data about other Users;
  • Attempt to probe, scan, or test the vulnerability of any WiseBanyan system or network or breach or impair or circumvent any security or authentication measures protecting the Site;
  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the tools, features, software programs and technologies on the Site;
  • Attempt to access, search, or meta-search the Site or content thereon with any engine, software, tool, agent, device, or mechanism other than software and/or search agents provided by WiseBanyan or other generally available third- party web browsers, including without limitation any software that sends queries to the WiseBanyan to determine how a website or web page ranks;
  • Violate the terms of service or any other rule or agreement applicable to you or WiseBanyan through the Site’s inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third-party site or service;
  • Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or commit fraud;
  • Solicit any user for any investment or other commercial or promotional transaction;
  • Violate any applicable law, regulation, or ordinance;
  • Use, launch, or permit to be used any automated system, including without limitation “robots,” “crawlers,” “scrapers,” or “spiders”; or
  • Use the Site or content thereon in any manner not permitted by these Terms of Use.

5. Confidentiality of Information. WiseBanyan has taken reasonable steps to ensure the confidentiality of information gathered through the Site and transmitted via the Internet. However, unexpected changes in technology may be used by unauthorized third parties to intercept confidential information and we cannot be responsible should confidential information be intercepted and subsequently used by an unintended recipient. Please read our customer Privacy Policy for further information on confidentiality of information.

6. Secured Areas. Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized persons attempting to access these areas of the website may be subject to prosecution.

7. Copyright and Other Intellectual Property. WiseBanyan maintains the Site, and is the owner or the authorized user of all text, images, graphics, photos, animation, music, sounds and other materials contained within the Site. The materials contained within the Site, including, without limitation, any copyrights, trademarks, service marks, and all other proprietary materials, are protected by the U.S. and international copyright laws and treaty provisions, trademarks laws, and other proprietary rights laws. WiseBanyan also owns a copyright in the selection, coordination and arrangement of the material contained within the Site.

The material contained within the Site is provided by WiseBanyan only for lawful uses by customers, WiseBanyan employees, and members of the general public. The material may not be copied, republished, incorporated into another website or reproduced (whether by linking, framing, or any other method), transmitted, distributed, uploaded, posted, used to create a derivative work or exploited in any other way without the express written consent of WiseBanyan.

8. User Information. “User Information” as used in these Terms of Use means, collectively, the information and other content that users post, upload, submit, provide, approve of, or otherwise make available to the Site. User Information specifically includes personal information such as name, address, employer, likeness and email address, as well as any other information programmatically available to the Site. “Content” as used in these Terms of Use means, collectively, all content on or made available through the Site that is not User Information, including but not limited to text, data, reports, analyses, performance charts, investment portfolios, investment plans, recommendations, projections, any information identifying or describing asset managers or funds, and stock quotes. WiseBanyan reserves the right to remove and permanently delete any Content or User Information from the Site without notice.

a. License Grant. WiseBanyan does not claim ownership rights in your User Information. However, by uploading, submitting, emailing, posting, publishing, providing, approving, sharing or otherwise making available any User Information to WiseBanyan or within the Site, you hereby grant WiseBanyan a nonexclusive, worldwide, royalty-free, sublicensable, perpetual, and irrevocable right and license to use, store, reproduce, modify, adapt, and prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, and otherwise exploit such User Information in any form, medium, or technology now known or later developed, including without limitation on the Site (including areas of the Site different from the area of the Site to which you provided the User Information), and on third-party websites through which you access the Site or parts thereof. In addition, you warrant that all moral rights in any User Information have been waived, and you do hereby waive any such moral rights. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the foregoing licenses to WiseBanyan. WiseBanyan shall own all right, title and interest in and to all derivative works and compilations of User Information that are created by WiseBanyan, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by WiseBanyan to give to WiseBanyan the full benefit of the rights granted to WiseBanyan by you.

b. Limitations. You acknowledge and agree that WiseBanyan may, at its option, establish limits concerning User Information, including without limitation the maximum number of days that User Information will remain on Site, the maximum size of any files that may be stored on or uploaded to the Site, and the maximum disk space that will be allotted to you for the storage of User Information. WiseBanyan shall have no responsibility or liability and you are solely responsible for creating back-ups of your User Information.

9. Communications. The Site provides you WiseBanyan e-mail addresses so that you may communicate electronically by sending an e-mail message to WiseBanyan. All e-mail sent to and from WiseBanyan will be received or otherwise recorded by the WiseBanyan corporate e-mail system and is subject to archival, monitoring or review by and/or disclosure to, someone other than the recipient. In the course of its communications with you, WiseBanyan may also, at its sole discretion, choose to use telephonic communications if you provide us with a telephone number. Communications through the Site may involve the electronic transmission, to any e-mail address you provided to us, of information that you may consider to be personal financial information and you agree and consent to such transmission of such information. You agree not to use e-mail to transmit any confidential personal information. It is your responsibility to update or change your e-mail address, as appropriate.

10. Links. Clicking on certain links within the Site or certain other websites that are linked to the Website may take you to other websites, or may display information on your computer screen from other websites, which may not be maintained by WiseBanyan. Such websites may contain Terms of Use, privacy provisions, confidentiality provisions, or other provisions that differ from the Terms of Use applicable to the Site. Links to other Internet services and websites are provided solely for the convenience of users. A link to any service or website is not an endorsement of any kind of the service or website, its content, or its sponsoring organization.

WiseBanyan assumes no responsibility or liability whatsoever for the content, accuracy, reliability or opinions expressed in a website, to which the website is linked (a “linked website”) and such linked websites are not monitored, investigated, or checked for accuracy or completeness by WiseBanyan. It is your responsibility to evaluate the accuracy, reliability, timeliness and completeness of any information available on a linked website. All products, services and content obtained from a linked website are provided “as is” without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy.

11. Limited Liability. Neither WiseBanyan nor any other party involved in the creation, production or delivery of the information at the Site, nor the officers, directors, employees or representatives of WiseBanyan, are liable in any way for any indirect, special, punitive, consequential, or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the Site or the use of the Site or with the delay or inability to use the Site, whether or not WiseBanyan is made aware of the possibility of such damages. This limitation includes, but is not limited to, the transmission of any viruses, data or harmful code that may affect your equipment or anyone else’s equipment, any incompatibility between the Site’s files and your browser or other Site accessing program, or any failure of any electronic or telephone equipment, communication or connection lines, unauthorized access, theft, operator errors, or any force majeure. WiseBanyan does not guarantee continuous, uninterrupted or secure access to the Site. The information, software, products and description of services published on the Site may include inaccuracies or typographical errors, and WiseBanyan specifically disclaims any liability for such inaccuracies or errors. Changes are periodically made to the information on the Site. WiseBanyan may make improvements or changes to the Site at any time.

12. No Warranties. All products, services and content on the Site are provided “as is” without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy. WiseBanyan does not endorse and is not responsible for the accuracy or reliability of any information on the Site. It is your responsibility to evaluate the accuracy, reliability, timeliness and completeness of any information available on the Site. WiseBanyan specifically disclaims any duty to update the information on the Site.

13. Indemnification. You agree to indemnify, defend, and hold WiseBanyan harmless from any liability, loss, claim and expense, including attorney’s fees related to your violation of these terms of use or the use of the Site.

14. Termination. We may terminate or suspend your access to the Site or any portion thereof and remove any material (including User Information) from the Site, in our sole discretion, at any time for any reason without notice to you. Further, if we believe, in our sole discretion, that a violation of these Terms of Use has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any User Information. We may seek to gather information from a user who is suspected of violating these Terms of Use (or from any other user) and you agree to provide us with such information. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available any User Information, emails, or other materials that are believed to violate these Terms of Use.

15. Cancellation. You may request cancellation of your Account at any time and for any reason by sending an e-mail to support@wisebanyan.com. Any suspension, termination, or cancellation shall not affect your obligations to WiseBanyan under these Terms of Use (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.

16. Waiver and Severability. Any waiver of any provision contained in these Terms of Use shall not be deemed to be a waiver of any other right, term or provision of these Terms of Use. If any provision in these Terms of Use shall be or become wholly or partially invalid, illegal or unenforceable, such provision shall be enforced to the extent it is legal and valid and the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.

17. Choice of law. These Terms of Use shall be governed by and interpreted in accordance with the laws of the United States of America and where applicable the State of New York, excluding that body of law pertaining to conflict of laws. You agree that the federal court of the New York, if it has subject matter jurisdiction, will have exclusive jurisdiction to hear and determine any claims or disputes between you and WiseBanyan, pertaining directly or indirectly to these Terms of Use, or to any matter arising from these Terms of Use, or any other document executed and delivered in connection with these Terms of Use, the use of the Site or the online services offered by WiseBanyan. If the federal court lacks subject matter jurisdiction, any state court located in New York, New York, will have exclusive jurisdiction to hear and determine such claims or disputes. To the fullest extent permitted by applicable state and federal law, you and WiseBanyan each agree to waive the constitutional right to a trial before a jury. You agree that these Terms of Use and the rules, restrictions, and policies contained herein, and WiseBanyan’s enforcement thereof, are not intended to confer and do not confer any rights or remedies on any person other than you and WiseBanyan. These Terms of Use together with the rules and policies of WiseBanyan constitute the entire agreement between WiseBanyan and you with respect to the subject matter hereof.

18. Modification of the Site or Terms of Use. WiseBanyan reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Site, any portion thereof, or any content thereon without advance notice, or to modify these Terms of Use. All modified terms of use will be effective upon the date when the change takes effect, unless there is a material change, which will be effective when WiseBanyan provides notice to you, unless a longer notice period is required by applicable law. If any modified terms of use are not acceptable to you, your sole remedy is to cease using the Site, and if applicable, cancel your Account (defined below) as specified below. By continuing to access or use the Site after WiseBanyan makes any such revision, you agree to be bound by the revised Terms of Use.

If you have questions about these Terms of Use or about the Site or content thereon, please contact us at support@wisebanyan.com.