This Agreement applies to all users of the Services, including users who are also contributors of Content on the Services. "Content" includes the text, software, scripts, data, indicators, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials you may view on, download from, access through, or contribute to the Services.
If you use the Services or open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in this Agreement and bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf.
If you don’t agree to all the terms and conditions of this Agreement, you shouldn't, and aren't permitted to, use the Services. Should you object to any terms or conditions in this Agreement or any subsequent modifications thereto or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue use of the Services. If you do not comply with this Agreement, you will hold us harmless from any loss.
We reserve the right to amend, remove, or add to this Agreement at any time without notice to you. You are responsible for reviewing and becoming familiar with any modifications to this Agreement whenever accessing, linking to, or using the Services. Modifications are effective when posted, and your use of the Services following any such posted modification and notice of same constitutes your acceptance of the terms and conditions of this Agreement as modified.
Unless explicitly stated otherwise, any new features or Content that augments or enhances the current Services shall be subject to this Agreement. Some of our Services may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Services, and this Agreement will apply to such upgrades.
In consideration of your use of the Services, you agree that you are at least eighteen (18) years of age.
2. GENERAL INFORMATION
This Agreement supersedes any prior agreements between you and Invest Up with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Invest Up services, affiliate services, third-party services or third-party software.
This Agreement and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Santa Clara County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
The failure of Invest Up to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. If any provision of this Agreement is invalid or unenforceable, that provision will be enforced to the maximum extent, and the other provisions of this Agreement will remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
3. INTELLECTUAL PROPERTY RIGHTS
You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services. All Content of the Services is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the US and other countries. The Services are also protected as a collective work or compilation under US copyright and other laws and treaties. All individual articles, columns and other elements making up the Services are also copyrighted works.
Invest Up is the owner and authorized user of any trademark, registered trademark, and/or service mark appearing on the Services. Invest Up is the copyright owners of the Content and/or information on the Services, unless otherwise indicated. Invest Up does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, other copyrightable material, or any other intellectual property by including them in the Services. If you make other use of the Services, except as otherwise provided in this Agreement, you may violate copyright and other laws of the US, as well as applicable local laws and may be subject to liability for such unauthorized use. You acquire absolutely no rights or licenses in or to the Services and materials contained within the Services other than the limited right to utilize the Services in accordance with this Agreement.
When you contribute or submit Content to the Services, you grant to Invest Up a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, unlimited, commercially or non-commercially, worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such Content.
You further acknowledge and agree that Content contained in sponsor advertisements, email-distributed information, or information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. Except as expressly authorized by Invest Up, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, in whole or in part.
All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Services (the "Intellectual Property Rights") shall, as between you and Invest Up, at all times be and remain the sole and exclusive property of Invest Up. All present and future rights in and title to the Services (including the right to exploit the Services and any portions of the Services over any present or future technology) are reserved to Invest Up for its exclusive use. You shall not use the Intellectual Property Rights or the Services, or the names of any individual participant in, or contributor to, the Services, or any variations or derivatives thereof, for any purpose, without Invest Up's prior written approval.
Modification of the Services' content would be a violation of the copyrights and other proprietary rights of Invest Up or its affiliates. Additionally, you may not offer any part of the Services for sale or distribute it over any other medium including but not limited to over-the-air television or radio broadcast, a computer network, or hyperlink framing on the internet without the prior written consent of Invest Up. The Services and the information contained therein may not be used to construct a database of any kind. Nor may the service be stored in databases for access by you or any third party or to distribute any database services containing all or part of the Services. Furthermore, you may not use any of the trademarks, trade names, service marks, copyrights, or logos of Invest Up in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with Invest Up's consent, and you acknowledge that you have no ownership rights in and to any of such items. You cannot use the Services or the information contained therein in unsolicited mailings or spam material.
4. USER CONDUCT
In your use of the Services, you will comply with all applicable laws.
While using the Services, you may not
(a) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(b) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(c) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
(d) upload, post, email, transmit or otherwise make available any information, or software, or material that contains software viruses, trojan horses, worms, or other harmful components, computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(e) upload, post, email, publish, transmit, or otherwise make available any unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, fraudulent, libelous, defamatory, obscene, pornographic, profane, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the US export laws and regulations;
(f) restrict or inhibit any other user from using and enjoying the Services;
(g) offer to sell or buy any security, fund, asset, or investment vehicle; and
(h) violate any laws, including without limitation the Securities Act of 1933 and Securities Exchange Act, or any rule of any securities exchange, including, without limitation, the New York Stock Exchange, the NASDAQ, or AMEX.
You may not use the Services for any illegal purpose or in any manner inconsistent with this Agreement. You further agree to comply with US law regarding the transmission of any data obtained from the Services in accordance with this Agreement and not to use the Services for illegal purposes.
You agree to use the Services solely for your own use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the Services in any manner that could compete with the business of Invest Up or any of its affiliates or suppliers.
You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload, post, publish, create derivative works from, transmit, or exploit in any way any component of the Services or any information, software, or other material obtained from, on, or through the Services without Invest Up's prior written consent.
You may not reproduce, duplicate, copy, sell, trade, transfer, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
You may not impersonate any person or entity, including, but not limited to, an Invest Up official or another user, or falsely state or otherwise misrepresent your affiliation with a person or entity;
You may not interfere with or disrupt the Services, software or hardware systems, or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
You may not attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services. You agree not to modify the Services' software in any manner or form, nor to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by Invest Up for use in accessing the Services.
We retain the right, at its sole discretion, to determine whether or not a user's conduct is consistent with the intention of the Services. We may terminate or deny your access to the Services without refund, if your conduct is found to be inconsistent with such intention.
You are responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary for you to make connection to the World Wide Web and the Services, including but not limited to a computer or a mobile device, necessary software, cable and lines, and network equipment.
You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Invest Up and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited.
You are required to provide your email address during registration for an account or subscriptions or signing up for our newsletters or mailing list. You agree that we may contact you at the e-mail address you have provided. We may use your contact information including your email address to send you information about our Services and other promotional materials. You agree to notify us promptly if your contact information changes. You agree to notify us promptly if you change your mailing addresses or email address so we can continue to contact you and send any notices. If you fail to notify us promptly of a change, then any notice we send to your old address shall be deemed sufficient notice.
By providing your e-mail address, you agree that you will accept electronic communications from us at your email address and will not make any claims against us if you do not receive any communications we send to your e-mail address. You agree that we may or may not respond to your requests, demands, suggestions, complains, or questions. You agree that we may monitor or keep records of your communications with us.
You also understand and agree that the Services may include advertisements and that these advertisements may be necessary for Invest Up to provide the Services. You also understand and agree that the Services may include certain communications from Invest Up, such as service announcements, administrative messages, advertisements, promotional materials, product offers, third-party information, and newsletters, and that these communications are considered part of the Services. You understand and agree that we may send you information about other companies or individuals whose products or services Invest Up feels may be of interest to you via the email address you provide, in newsletters, or through other communication channels. You acknowledge that we may not always identify paid services, advertisements, sponsored Content, or commercial communications as such.
6. CONTENT AND STORAGE
All information submitted to the Website shall be deemed and remain the property of Invest Up. You agree that Invest Up shall be free to use, for any purpose, any ideas, concepts, know-how and techniques contained in information and Content any user provides to the Website. We shall not be subject to any obligations of confidentiality regarding submitted information, except as agreed by Invest Up having the direct customer relationship or as otherwise specifically agreed or required by law.
You acknowledge and agree that Invest Up neither endorse the Content of any user communications nor assume responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
You acknowledge that Invest Up may or may not pre-screen Content, but that Invest Up and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move, or remove any Content that is available via the Services. We have no obligation to monitor the Services. You acknowledge and agree, however, that we do retain the right to monitor the Services. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate, or in violation of this Agreement. Without limiting the foregoing, Invest Up and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. We assume no responsibility for the deletion or failure to store information entered into the Services.
Invest Up may not control the Content posted by users to, on, or via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Invest Up be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.
You agree that you must evaluate, and assume all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Invest Up or submitted to the Services by users, including without limitation information in the Services' discussion systems and in all other parts of the Services.
You acknowledge that Invest Up may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that messages or other uploaded Content will be retained by the Services, the maximum number of messages that may be sent from or received by an account on the Services, the maximum size of any message that may be sent from or received by an account on the Services, the maximum disk space that will be allotted on the servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that Invest Up has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Services. You acknowledge that Invest Up reserves the right to log off or terminate accounts that are inactive for an extended period of time. You further acknowledge that Invest Up reserves the right to modify these practices and limits from time to time.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content is originated. This means that you, and not Invest Up, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services.
You acknowledge, consent and agree that Invest Up may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Invest Up, its users, and/or the public.
Our website uses .htaccess protection to prevent hotlinking to our image files or direct accessing our images by typing in the URL in the browser. This hotlink protection is based on page referrer information sent by the web browser. Visitors who use a personal firewall or antivirus program that deletes the page referrer information sent by the web browser may not be able to view our images unless they turn off such personal firewall or antivirus program. If you are not able to access our content due to such reason, there will be no refund, and you are responsible to change your software program(s) and find solutions to your own technical limitations in order to view the content.
We perform site maintenance from time to time. During our maintenance, you may not be able to access our Services. Occasionally, after maintenance, some users may find themselves not able to log onto the Website. These users need to reset their passwords by using the "Forgot your password?" link to re-gain access to the Website.
7. SUBSCRIPTION SERVICE
Our subscription service allows you to pay fees to access certain areas of the Services for a subscription period. You agree to pay the subscription fees and any other charges incurred in connection with your subscription (including any applicable taxes). Subscription fees will be billed at the beginning of your subscription and any renewal. As a general matter, all fees and charges are non-refundable. We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. You do not have any right to cancel your subscription or any part of it until the end of your then current subscription period. Although you may notify us of your intention to cancel at any time using the Contact Us link at the button menu of the Website, such notice will only take effect at the end of your then current subscription period, and you will not receive a refund.
Invest Up 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 when we have successfully received your payment and verified your email address, at which point we will provide you with access to your subscription. Invest Up reserves the right to reject any offer in its discretion, for any or no reason. By placing your order you agree that we may start your subscription immediately upon our accepting your order. This means that you are not entitled to a refund if you change your mind after we have provided you with access to your subscription.
When you purchase a subscription, 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 cancelled, we may immediately terminate or suspend your access to your subscription. In suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties.
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. You agree to pay the fees at the rates notified to you at the time you purchase your subscription. The currency in which your subscription is payable will be specified during the order process. We may change the prices and charges at any time. The new prices will apply to any renewal or new subscription after the time of the change.
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 we reserve the right to subsequently notify you of any pricing error. If we do this, we will cancel the subscription without any obligation to us, or you may pay the correct price. We will always act in good faith in determining whether a genuine pricing error has occurred.
Where we provide a trial subscription, we will inform you of the full subscription price that is payable after the trial period. After the trial, your subscription will renew automatically at the full subscription price unless you cancel your subscription before the end of the trial. Please note that no more than one trial subscription per subscriber is allowed in any twelve month period. We reserve the right to cancel any trial subscription immediately, without refund, if we become aware that the subscriber has already had another trial subscription in the previous twelve months.
For subscription plans that require automatic and recurring payments, your subscription will automatically renewed. At the beginning of each subscription period, we will charge you using the payment method you have provided for the subscription. We may make changes to subscription prices at any time. The new prices will be shown on our Website and apply during the next renewal.
8. CHANGE AND TERMINATION OF SERVICE
We reserve the right, at our sole discretion, to change, modify, restrict, suspend, terminate, or discontinue, temporarily or permanently, the Services (or any part thereof) or your access to all or any part of the Services at any time and for any reason without refund, prior notice, or liability. You agree that Invest Up shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof).
9. TERMINATION OF ACCOUNT
You agree that Invest Up may, under certain circumstances and without refund or prior notice, immediately terminate your account, subscriptions, or access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity of you, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (a) removal of access to all offerings within the Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) (b) barring of further use of the Services. Further, you agree that all terminations for cause shall be made in Invest Up's sole discretion and that Invest Up shall not be liable to you or any third party for any termination of your account, subscriptions, or access to the Services.
10. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Invest Up shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
11. EXTERNAL LINKS AND SITES
The Services may provide, or third parties may provide, links to other World Wide Web sites, services, resources, goods, or advertisements (including those for which Invest Up may receive compensation). These links do not represent our endorsement of external content. We are not responsible for the availability, content, or accuracy of other web sites, services, resources or goods that may be linked from or to, or advertised on, the Services. If you have any concerns about content on external sites, please get in touch with the administrators of those sites. Please be careful when visiting external sites and keep your computer protected from viruses and other digital hazards. Because Invest Up has no control over such sites and resources, you acknowledge and agree that Invest Up is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such external sites or resources. You further acknowledge and agree that Invest Up shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such external site or resource.
We do not make any warranty, express or implied, with respect to the use of the links provided on the Services, guarantee the accuracy, completeness, usefulness or adequacy of any other sites, services, resources, goods or advertisements that may be linked to or from the Services, nor do we make any endorsement, express or implied, of any other web sites, services, resources, goods or advertisements that may be linked to or from the Services.
12. DISCLAIMERS AND LIMITATION OF LIABILITY
Invest Up is not a registered investment advisor or broker/dealer. You acknowledge that the Services are provided for information and educational purposes only. Nothing on the Website, in our newsletters, or in the Services constitutes a solicitation, promotion, endorsement, push, or offer to buy or sell any security, asset, derivative, or investment. The Services are not a substitute for professional advice of any nature, including tax, legal, and financial. Under no circumstances is any information or component in the Services intended to be, nor does it constitute, personalized or individual investment advice. You understand that the views expressed in the Services, indicators, and signals and ratings (such as "BUY", "SELL", "HOLD", "WAIT", "SHORT", "OVERVALUED", "UNDERVALUED", "GREED", "NEUTRAL", "FEAR", "BETTER", "FLUCTUATE", "SAME", "WORSE", "BULLISH", "BEARISH") presented in the icons, texts, images, charts, and other Content are only the opinions of Invest Up or the author(s), are provided as general information only, and should not be taken as investment advice. You further understand that we cannot advise you personally concerning the nature, potential, value, or suitability of any particular investment, security, portfolio of securities, transaction, investment strategy, or other matter. Accordingly, do not attempt to contact us seeking personalized investment advice, which we cannot provide. No information in the Services is tailored to the investment needs of any specific person. Certain portions of the Services may contain opinions from time to time with regard to securities or assets, and those opinions may be different from the opinions presented in other parts of the Services. From time to time, reference may be made in our Content or marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or opinions, and may not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
Trading stocks, bonds, commodities, forex, ETFs, and other financial instruments, and purchasing properties in the real estate markets carry substantial risks such as significant loss of capital. Certain transactions, including those involving futures, options, and other derivatives, give rise to substantial risk and are not suitable for all investors. The investments and trades we may discuss are subject to various market, currency, economic, political, policy, and business risks. The securities or assets in which you invest may be volatile and may depreciate rapidly. The investing and trading ideas, signals, and viewpoints regarding the future of the markets and the economy in the Services are opinions of Invest Up or the author(s) only and should not be construed as investment advice. You should always conduct your own research and due diligence and obtain professional advice from your advisor before making any investment decision. Any reference to a transaction, trade, investment, position, holding, security, market, price, or level is purely meant to educate users about possible risks and opportunities in the marketplace and are not meant to imply that any person or entity should take any action whatsoever without first evaluating such action(s) in light of their own situation either on their own or through a professional advisor. Invest Up and its current and former owners, officers, directors, employees, managers, administrators, representative, agents, suppliers, members, partners, affiliates, successors, and assigns assume no responsibility or liability for your trading or investment results.
It should not be assumed that the methods, techniques, opinions, viewpoints, models, algorithms, systems, strategies, or indicators presented in the Services will be profitable or that they will not result in losses. The past performance of any security, sector, asset, market, financial product, trading system, algorithm, model, or methodology, whether actual or indicated by historical, back-tested, hypothetical, or simulated tests of investment strategies, is not indicative of future results, performance, or returns, and does not guarantee returns or success. No representation or warranty, expressed or implied is made regarding future performance.
The "BUY", "SELL", "SHORT", "HOLD", "WAIT", and other ratings, actions, opinions, trades, , signals, and viewpoints presented in the Services are hypothetical in nature and not guarantees of future results, nor are they representative of anyone's actual transaction, trading, or investment experience. The information presented in the Services is based on simulated trading using systems, models, and algorithms developed by Invest Up. The trading and investment results (including but not limited to profits, returns, gains, and losses) and performance in the Services are simulated, back-tested, or hypothetical performance results. Hypothetical results may sometimes be referred to as "potential" profits, returns, gains, or losses in the Services. These results have certain inherent limitations, incorporate the benefit of hindsight in the development of the models, and are for informational purposes only. Unlike the results shown in an actual performance record, the investment and trading results and performance in the Services do not represent actual investment or trading. Please note that simulated trading results may or may not have been tested for accuracy and that spreads/commissions may not be taken into account when preparing hypothetical results. The trades and investments presented in the Services are simulated or hypothetical in nature. Simulated and hypothetical trading and investing in general are subject to the fact that they are designed with the benefit of hindsight. Since the trades in the Services have not been executed, hypothetical and "potential" returns may have under-or-over compensated for the impact, if any, of certain market factors, such as lack of liquidity. The projections regarding the likelihood of various outcomes of investments, model portfolios, and asset allocations described in the Services are also hypothetical. Hypothetical performance results are not implied, and should not be expected to occur. When calculating performance results or returns of historical, back-tested, hypothetical, actual, or simulated trades or investments, we may not take into account some factors which may include but not limited to carry, interests, dividends, financing costs, storage costs, commissions, transaction costs, administration costs, bid-ask spreads, contango, backwardation, slippage, exchange rates, market conditions which could adversely affect investment return or investor decisions, and liquidity costs.
The trading and investing signals, ratings, ideas, opinions, indicators, alerts, viewpoints, and actions presented in the analysis, articles, data, indicators, charts, texts, videos, images, audios, and any other Content in the Services may be changed, modified, updated, or revised after they are created or published (and the analysis, articles, data, indicators, charts, texts, videos, images, audios, and other materials may also be revised accordingly).
Currency pairs are using indirect quotes and the US dollar is the base currency. The way we calculate "pips" in the Services may be different than the conventional methods. The "Pips" in the Services are calculated based on indirect quotes (with the exception of JPY/USD): one pip equals a change in indirect quote of 0.0001 except for JPY/USD for which one pip equals a change in direct quote USD/JPY of 0.01. Sharpe ratios and Sortino ratios are approximates assuming zero percent interest rates.
Testimonials may or may not be representative of all reasonably comparable users. Past performance is not indicative of future results or success. The individuals quoted in the testimonials used were not paid to be quoted unless specifically identified. The testimonials used in the Services are non-representative of all users; certain accounts may have worse performance than that indicated. Individual results vary and no representation is being made that users will or are likely to achieve profits or incur losses comparable to those that may be shown. Neither Invest Up nor any third party has verified the truth or accuracy of the results or experiences described in the testimonials in the Services.
No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed in the Services. Your actual investment results may differ from the results shown in the Services for many reasons, including, without limitation (a) performance results of investment views or hypothetical trading actions do not reflect trading commissions that you may or may not incur; (b) performance results of investment views or hypothetical investing actions do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect your results; (c) the securities chosen for the analyses, investment views, or hypothetical trading actions may be volatile. Delivery delays and other factors may cause the price you obtain to differ substantially from the price at the time the Content was published; (d) different methods, time, base currency, drivers, or factors used for calculating returns; (e) you may trade more or less frequently than our investment analysis or hypothetical trading actions; or (f) the price of the asset or security at the point in time you begin reading the analysis may be different than the price at the time such asset or security was discussed on the Website.
Any views or opinions expressed in the Services may not reflect those of Invest Up as a whole. You agree that Invest Up, its owners, officers, directors, representative, consultants, employees, and affiliates, and the Services' writers, editors, analysts, producers, and contributors may own, buy, sell, short, borrow, or hold securities, assets, or financial instruments discussed in the Services or invest in the same markets that you invest in. You agree to waive all claims regarding conflicts of interest with Invest Up.
The Services include information taken from the New York Stock Exchange, American Stock Exchange, NASDAQ, the Federal Reserve, the World Bank, the IMF, and other sources. The content, opinions, and analyses in the Services are based on sources believed to be reliable, but no representation or warranty, expressed or implied, is made as to their accuracy or completeness. The dates, returns, market prices, indicator levels, and calculated measures and ratios in the Services are approximate values. All information contained in the Services should be independently verified. We are not responsible for errors or omissions. We make no claims or representations as to the accuracy, completeness, or truth of any material contained in the Services, nor is Invest Up liable for any errors or delays in the Content or transmission of the data in or through the Services.
All opinions expressed herein are subject to change without notice. We will not be liable for any loss or damage caused by your reliance on information obtained in any of our articles, news, opinions, research, data, indicators, newsletters, reports, email correspondence, or any other part of the Services. Invest Up is not responsible for losses or damages arising out of errors, omissions or changes in market factors. Invest Up's work does not purport to contain all of the information that an interested party may desire and, in fact, provides only a limited view of the securities, financial markets, and real estate markets. By using the Services, you assume full responsibility for any and all gains and losses, financial, emotional or otherwise, experienced, suffered or incurred by you. You agree that you are a sophisticated investor capable of understanding the considerable complexity and assuming the high degree of financial risk involved in all financial, securities, and asset markets. You are solely responsible for your own investment decisions.
In addition, you expressly understand and agree that:
(a) Your use of the Services is at your sole risk. The Services and anything contained therein, including, but not limited to, Content, services, goods or advertisements are provided on an "as is" and "as available" basis. Invest Up and its current and former officers, directors, owners, employees, managers, administrators, representative, agents, suppliers, members, partners, affiliates, successors, and assigns expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(b) Invest Up and its current and former officers, directors, owners, employees, managers, administrators, representative, agents, suppliers, members, partners, affiliates, successors, and assigns make no warranty that (1) the Services will meet your requirements; (2) the Services will be uninterrupted, timely, complete, secure, or error-free; (3) the results that may be obtained from the use of the Services will be accurate or reliable; (4) the quality of any products, services, information or other material purchased or obtained by you through the Services will meet your expectations; and (5) any errors in the Services will be corrected.
(c) We do not warrant that the Services is compatible with your equipment or that the Services or e-mail sent by us or our representative is free of errors or viruses, worms or trojan horses, or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features.
(d) Any material downloaded or otherwise obtained through the use of the Services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
(e) No information, whether oral or written, obtained by you through or from the Services shall create any warranty not expressly stated in this Agreement.
(f) You understand and agree that Invest Up assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any information, user communications, or personalization settings.
(g) We do not and cannot guarantee the completeness, accuracy or timeliness of the educational, news, and financial market information that we obtain from others and make available to you. We may provide access to news and content provided by third parties over which we do not exercise editorial control or review, and we are not responsible for the content of such materials. You agree that we will not be liable for any action you take or decision you make in reliance on the information.
You expressly understand and agree that Invest Up and its current and former officers, directors, owners, employees, managers, administrators, representative, agents, suppliers, members, partners, affiliates, successors, and assigns shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, loss of revenue, loss of profits, loss of anticipated profits, lost business, loss of goodwill, use, or data, or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Services, any links or items on the Services, or any provision of this Agreement; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Services; (e) our information, decisions, or actions; (f) any decision made by any party based on information provided verbally, in writing or via the internet by us; or (g) any other matter relating to the Services.
You also agree that Invest Up and its current and former officers, directors, owners, employees, managers, administrators, representative, agents, suppliers, members, partners, affiliates, successors, and assigns shall have no responsibility or liability for (a) any injury or damage, whether caused by the negligence of Invest Up or otherwise arising in connection with the Services; (b) any lost profits, losses, punitive, incidental or consequential damages, or any claim against Invest Up by any other party; (c) any fault, inaccuracy, error, omission, delay, or any other failure in the Services including, but not limited to, quotes, information, and data; (d) any delays, errors, or interruptions in the transmission or delivery of the Services; (e) any loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance; (f) any loss, damage, expense, liability, charge or claim of any kind whatsoever relating to your use of the Services or caused by our information, decisions or actions; or (g) any loss, damage, expense, liability, charge or claim of any kind whatsoever caused by any other person who provides services for you, directly or indirectly by circumstances beyond our reasonable control.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Invest Up's total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid to us by you, if any, for using the Services.
You agree to defend, indemnify, and hold harmless Invest Up and its current and former officers, directors, owners, employees, managers, administrators, representative, agents, suppliers, members, partners, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees and accounting fees) arising from (a) your use of or access to the Services; (b) content you submit, post, transmit, or otherwise make available through the Services, (c) your connection to the Services, (d) your breach or violation of any term, condition, representation or warranty contained in this Agreement, or (e) your violation of state, federal, or international laws or regulations, or any other person's rights, including but not limited to infringement of any intellectual property, proprietary, or privacy right or other rights of any person or entity.
14. NOTICE OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). To file a notice of infringement of intellectual property rights, you must provide a written communication that sets forth the items specified below. You will be liable for damages (including damages, costs, and attorneys' fees) if you materially misrepresent that the website or a web page is infringing your copyright. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following format (including section numbers):
(a) Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
(b) Identify the material that you claim is infringing the copyrighted work listed in item (a) above. (You must include the URL(s) (the location(s) of the page(s) that contains the allegedly infringing material and also include a description of the specific content which you claim is infringing on your copyright.)
(c) Provide information reasonably sufficient to permit us to contact you (e-mail address and a phone number are required at a minimum).
(d) Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law."
(e) The signature of the copyright owner or a person authorized to act on behalf of the copyright owner. You may send your notice via email provided such notice includes a proper electronic signature. The signature or electronic signature must be that of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
Send the written communication to using our contact form.