TERMS AND CONDITIONS OF USE
This Terms and Conditions of Use (“Agreement”) is a contract in electronic form between you (“Subscriber”, “you”, “your” and “yourself”) and InvestorG2 LLC d/b/a BondSavvy (“BondSavvy” or “we”). By subscribing, logging onto the BondSavvy website or using the sites or services (collectively, the “Services”), you agree to the below terms and conditions.
To access and participate in the Services, Subscriber may be required to complete a registration form and create an account (“Account”) by providing current, complete and accurate information as prompted by the registration form. Only natural persons may register for an Account. Subscriber is responsible for any activities or actions under Subscriber’s Account, whether or not Subscriber has authorized such activities or actions, and Subscriber must promptly notify BondSavvy of any unauthorized use of Subscriber’s Account. BondSavvy reserves the right to refuse registration for any reason.
To use our Services you must:
- Comply with all applicable law and regulations and not participate in, facilitate or further illegal activities;
- Immediately notify BondSavvy if you learn of a security breach or other illegal activity in connection with the Services;
- Protect your Account name and password;
- Not post content that contains explicit or graphic descriptions or accounts of sexual acts or is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or tortious;
- Not engage in activity that is harmful to BondSavvy, our subscribers or members, advertisers, affiliates, or vendors;
- Not use any automated process to access or use the Services or any process, whether automated or manual, to capture data or content from the Services or circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Services for any reason; and
- Not use the Services or any process to damage, disable, impair, or otherwise attack the Services or the networks connected to the Services.
You are responsible for obtaining at your own expense all equipment and services needed to access the Services. If you are accessing the Services by a mobile device, your wireless carrier may charge you fees for data, text messaging, and other wireless access or communications services. BondSavvy does not guarantee that its Services can be accessed through all wireless devices or service plans or are available in all geographical locations.
BondSavvy grants to Subscriber a non-exclusive, non-assignable, non-transferable license to use the Services solely for Subscriber’s personal, educational and informational use. Subscriber shall not market, sell or distribute the Services or otherwise provide the Services to any third parties including, but not limited to, placing or distributing any BondSavvy content on a third party platform or utilizing the Services to manage or recommend investments or provide educational or informational seminars or content to others. Subscriber shall not share, transfer, disclose, copy, publish or create derivative works from the content or the Services without BondSavvy’s prior written approval.
Subscriber acknowledges and agrees that nothing in this Agreement constitutes an undertaking by BondSavvy to provide updates, modifications or enhancements to the Services or to continue providing the Services, or any aspect or portion of the Services, in the future. BondSavvy may, in its sole discretion, change any aspect of the Services or discontinue the Services without notice.
Subscriber agrees to pay BondSavvy the then effective charges, if any, for access to the Services. Subscriber acknowledges that the Subscriber’s subscription to the Services shall automatically renew at the end of the subscription period (the “Renewal Date”), and Subscriber agrees to pay BondSavvy the renewal fee unless Subscriber cancels such subscription prior to the Renewal Date. In addition, Subscriber shall pay any taxes, charges, or assessments (other than taxes imposed on the net income of BondSavvy) by any foreign or domestic, national, state, provincial or local government bodies or subdivisions thereof, and any penalties or interest relating to the provision of the Services to Subscriber. If Subscriber is required by applicable law to deduct or withhold any such tax, charge or assessment from the amounts due BondSavvy, then such amounts shall be increased so that the net amount actually received by BondSavvy after deduction or withholding of any such tax, charge or assessment, will equal one hundred percent (100%) of the charges that are owed. Any payments for the Services shall be due upon subscription or purchase.
Subscriber acknowledges that the “Look and Feel” and other elements of the Services are protected by trade dress, trademark, unfair competition, and other laws, whether or not marked, and may not be copied or imitated in whole or in part, without permission from BondSavvy. All rights reserved. No title to the Services or content therein is transferred to Subscriber. Any reproduction of the Services shall include all titles, trademarks, copyright, proprietary and restricted rights notices. Subscriber may not present the Services in an unfair, misleading, or discriminatory manner. Subscriber will not engage in the operation of any illegal business; use or permit anyone else to use the Services, or any part thereof for any illegal purpose. Information contained within the Services is based on data obtained from recognized information providers; however, such information has not been verified by BondSavvy.
Subscriber acknowledges that the Services and all content therein is considered confidential and proprietary information belonging to BondSavvy. Subscriber shall use the same standard of care that it uses to protect Subscriber’s own confidential or proprietary information, but no less than a reasonable standard of care, to prevent the unauthorized use, dissemination or publication of the confidential or proprietary information. The duties in this Section do not apply to information which when compiled and presented in this form is: (1) lawfully within Subscriber's possession, prior to this Agreement; (2) voluntarily disclosed to Subscriber by a third-party so long as that party does not breach any obligation not to reveal such information; (3) voluntarily disclosed to the public by BondSavvy; or (4) generally known to the public. The obligation of non-disclosure shall survive for as long as BondSavvy treats the information disclosed to Subscriber as confidential.
THERE ARE NO STANDARDS OF PERFORMANCE FOR THE SERVICES. BONDSAVVY AND ITS PROVIDERS PROVIDE THE SERVICES AND CONTENT “AS IS” AND MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND EXPRESS, IMPLIED OR STATUTORY REGARDING USE OF THE SERVICES OR THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE CONTENT. BONDSAVVY AND ITS PROVIDERS DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW US EXCLUDE CERTAIN WARRANTIES. IN THOSE STATES, BONDSAVVY’S WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW.
Nothing contained within the Services should be construed as an offer to sell or the solicitation of an offer to buy any security. The Services do not attempt to examine all the facts and circumstances which may be relevant to any company, industry or security mentioned herein. We are not soliciting any orders, trades or other market activity based on the Services. It is for the general information of Subscribers. The Services are impersonal in nature and do not constitute a personal recommendation or take into account the particular investment objectives, financial situations, or needs of individual Subscribers. Before acting on any analysis, advice or recommendation (express or implied) in the Services, Subscribers should consider whether the security or strategy in question is suitable for their particular circumstances and, if necessary, seek professional advice. BondSavvy does not provide tax advice to Subscribers, and all Subscribers are strongly advised to consult with their tax advisers regarding any potential investment decision. Bond transactions give rise to risk and are not suitable for all investors.
Opinions expressed herein are our opinions as of the date of their publishing within the Services. BondSavvy cannot give any assurance that it will update particular information discussed in the Services.
BondSavvy, its affiliates, officers, directors, partners and/or other associated persons may own, hold options, rights or warrants to purchase some of the bonds mentioned in the Services, or close equivalents. Even if BondSavvy does not currently hold the bond, it may in the future. BondSavvy may elect to buy or sell these assets or change its opinion without regard to the Services, and without prior notice other than as provided in BondSavvy’s Code of Ethics. An employee, analyst, officer or a director of BondSavvy, or their affiliates may serve as a director or consultant for companies mentioned in the Services. BondSavvy, or their respective affiliates may from time to time hire or solicit business from, any company mentioned in the Services.
IF BONDSAVVY IS FOR ANY REASON HELD LIABLE TO SUBSCRIBER, OR TO ANY OTHER INDIVIDUAL OR ENTITY, INCLUDING, BUT NOT LIMITED TO THE SUBSCRIBER, WHETHER IN CONTRACT OR IN TORT, THE LIABILITY OF BONDSAVVY WITHIN A SINGLE YEAR OF THE AGREEMENT IS LIMITED TO THE GREATER OF: (1) ONE YEAR’S CHARGES, IF ANY; OR (2) $50.00. THIS LIMITATION OF LIABILITY DOES NOT INCLUDE BONDSAVVY’S WILLFUL TORTIOUS MISCONDUCT.
BONDSAVVY SHALL NOT BE LIABLE TO SUBSCRIBER OR TO ANY OTHER ENTITY OR INDIVIDUAL FOR ANY LOSS OF PROFITS, REVENUES, TRADES OR DATA OR FOR ANY DAMAGE TO SUBSCRIBER’S EQUIPMENT, OR FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL LOSS OR DAMAGE OF ANY NATURE ARISING FROM ANY CAUSE WHATSOEVER, EVEN IF BONDSAVVY AND/OR ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME STATES DO NOT ALLOW US TO LIMIT OUR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN THOSE STATES, BONDSAVVY’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Notwithstanding any other term or condition of this Agreement, BondSavvy shall not be obligated to perform or observe their obligations undertaken in this Agreement if prevented or hindered from doing so by circumstances beyond its control.
Subscriber will indemnify and hold harmless BondSavvy and its employees, officers, directors, providers and other agents from any and all claims and losses imposed on, incurred by or asserted as a result of or related to: (a) any non-compliance by Subscriber with the terms and conditions hereof; or (b) any third-party actions related to Subscriber’s receipt and use of the Services and content, whether authorized or unauthorized under the Agreement. Any cooperation by BondSavvy in such defense is without waiver of any attorney-client, work product, or other legal privileges. BondSavvy shall indemnify and hold harmless the Subscriber against any claims and losses imposed on, incurred by or asserted as a result of any alleged infringement or misappropriation by the Services of any third parties’ U.S. or European Community intellectual property rights up to $100.00. BondSavvy’s obligations to indemnify under this Section shall be conditioned on the following: (1) Subscriber shall promptly, but, in any event, in a time frame that does not prejudice the rights of Subscriber or BondSavvy, notify BondSavvy in writing of the claim, action or allegation; and (2) BondSavvy shall have sole control of the defense and related settlement negotiations. BondSavvy shall not have the obligation to indemnify and hold Subscriber harmless for any claims and losses imposed on, incurred by or asserted against Subscriber as a result of any allegation of infringement or misappropriation if the Services have not been used in accordance with this Agreement.
This Agreement may be terminated by Subscriber upon written notice to BondSavvy. Upon notice to Subscriber, BondSavvy may terminate this Agreement at any time for any reason including, but not limited to, Subscriber’s breach of any term of this Agreement.
All notices and other communications required under this Agreement shall be in writing and shall be directed to: (a) InvestorG2 LLC d/b/a BondSavvy 95 West Main Street, Suite 5-244, Chester, New Jersey 07930, Attn: Steven Shaw; or (b) to Subscriber at the then-current email or postal address shown in Subscriber’s Account profile. Notice shall be deemed to have been duly given by email to Subscriber’s then-current email address unless such email is returned by BondSavvy’s email service provider as undeliverable, or if sent by certified mail, postage pre-paid, return receipt requested to Subscriber’s then-current postal address. .
Any claim, dispute, controversy or other matter in question with regard to this Agreement shall be submitted to the American Arbitration Association (“AAA”) and shall exclusively be subject to final binding arbitration in accordance with the Commercial Arbitration Rules and Regulations of the AAA. Claims or disputes must be filed within one year. To the extent permitted by law, any claim or dispute under this Agreement must be filed within one year in an arbitration proceeding or in court. The one-year period begins on the date when a Notice of Legal Dispute is filed with us. You agree you are permanently barred to bring a claim for your dispute if you do not file your claim within one year.
Subscriber shall not use the names “InvestorG2 LLC”, “BondSavvy,” “The Bondcast” or any other of BondSavvy’s names, trademarks or copyrights in any advertising or promotional media without the prior written consent of BondSavvy.
No failure on the part of any of BondSavvy or Subscriber to exercise, no delay in exercising, and no course of dealing with respect to any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or privilege preclude any other or further exercise thereof or if the exercise of any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provisions to persons or circumstances other than those as to which they are held invalid or unenforceable, shall not be affected thereby and each such term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
To prevent violations and enforce this Agreement and remediate any violations, BondSavvy can take any technical, legal and other action that BondSavvy deems, in our sole discretion, necessary and appropriate with notice to you.
The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely, obligations relating to, ownership, limitation of liability, consequential damages, indemnification, warranties, non-use of corporate names and marks, confidentiality and restrictions on use of the Services and content.
This Agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the State of Delaware, without reference to principles of conflicts of laws thereof. PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF NEW JERSEY OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF NEW JERSEY FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, communications, writings, and understandings. BondSavvy may modify this Agreement from time to time. If you do not agree to the changes, stop using our Services (and remember to cancel any fee-based services) before the changes take effect. Your continued use of the Services after the effective date of any changes means that you agree to the changes. If a court of law finds that any provision of this Agreement is invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.