Terms of Service

 
 

These Terms of Service (“Terms”) govern your access to and use of YoPortfolio, including any YoPortolio mobile applications, websites and channels (the “Services”).  You agree that by registering or by using the Services, you are entering a legally binding agreement with YoPortfolio LLC, located at 49 Park Avenue, Suite D, Oakwood, OH, 45419.  (“YoPortfolio”) based on the Terms and the Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”).  Your access to and use of the Services is conditioned on your acceptance of and compliance with the Agreement. By accessing or using the Services you agree to be bound by the Agreement.

 

1. Basic Terms

You are responsible for your use of the Services and for any consequences thereof.  You may use the Services only if you can form a binding contract with YoPortfolio and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.  If you are under 18 years of age you may only use the Services under the direct consent and supervision of your parent or legal guardian.  Anyone under 13 years of age may not use or access the Services for any reason.  Please contact us if you are aware that a person under 13 is using the Services.  You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, YoPortfolio may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

 

2. Privacy

Any information that you provide to YoPortfolio is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by YoPortfolio. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your YoPortfolio account, which you may not be able to opt-out from receiving.

 

3. Passwords

You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your YoPortfolio account.  YoPortfolio cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

 

4. Your License To Use The Services

In accordance with your payment obligations based on your subscription status, YoPortfolio gives you a personal, worldwide, non-assignable and non-exclusive license to use the software that is provided to you by YoPortfolio as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services, in the manner permitted by these Terms.

 

5. YoPortfolio Rights

All right, title, and interest in and to the Services and will remain the exclusive property of YoPortfolio and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. YoPortfolio reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding YoPortfolio, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

 

6. Restrictions on Use Of The Services

We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of YoPortfolio, its users and the public. YoPortfolio does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, YoPortfolio's computer systems, or the technical delivery systems of YoPortfolio providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by YoPortfolio (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with YoPortfolio (NOTE: scraping the Services without the prior consent of YoPortfolio is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

 

7. Ending These Terms

The Terms will continue to apply until terminated by either you or YoPortfolio as follows.

You may end your legal agreement with YoPortfolio at any time for any reason by deactivating your accounts and discontinuing your use of the Services. In order to deactivate your account, please contact us at support@yoportfolio.com. 

We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except those Sections you would expect to survive termination.

Nothing in this section shall affect YoPortfolio's rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.

 

8. Disclaimers, Limitations Of Liability and Indemnity

Please be aware that we are not investment advisors and we cannot provide personalized investment advice.  Any information you access or receive via the Services is provided for your information only and is not intended to advise, suggest or encourage a particular course of action or decision related to your portfolio.  Though we regularly test and improve our algorithm for accuracy we cannot guarantee that any information you receive or access via the Services will be complete, accurate or error free.  You expressly agree not to rely on any information you access or receive via the Services and that you will independently verify any information before you make any decisions related to your portfolio. 

YoPortfolio does not warrant the completeness or accuracy of any content or information you view on or through the Services or its usefulness for any particular purpose. 

You expressly agree not to provide any information or content you receive via the Services to any third party with any warranty or representations regarding the accuracy or completeness of the information. 

 

A. The Services are Available “AS-IS”

Your access to and use of the Services or any information you access or view on or through the Services is at your own risk. You understand and agree that the Services and any information thereon is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, YOPORTFOLIO ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

YoPortfolio Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any information you access or view on or through the Services; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from YoPortfolio Entities or through the Services, will create any warranty not expressly made herein.

 

B. Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by YoPortfolio Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

C. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE YOPORTFOLIO ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT, ADVICE OR INFORMATION OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE YOPORTFOLIO ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID YOPORTFOLIO, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE YOPORTFOLIO ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

D. Indemnification

To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the YoPortfolio Entities from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to: (1) your failure to comply with the Terms; (2) any activity in which you engage on or through the Services; and (3) any information you obtain from the Services that you share or disclose to any third party.

 

9.  Subscription Services

The Services may be available to you free of charge on a promotional basis or pursuant to a Subscription service.  If you sign up to use the Services on a subscription basis your access to the Services is conditioned on YoPortfolio receiving your payment. 

 

10. GENERAL TERMS. Waiver and Severability

The failure of YoPortfolio to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

 

A. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Ohio 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 Montgomery County, Ohio, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

 

B. Entire Agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between YoPortfolio and you regarding the Services (excluding any services for which you have a separate agreement with YoPortfolio that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between YoPortfolio and you regarding the Services.

We may revise these Terms from time to time, the most current version will always be at http://www.yoportfolio.com/terms. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

If you have any questions about these Terms, please contact us.

Effective: June 19, 2017.