THIS IS A BINDING LEGAL CONTRACT BETWEEN INTEGRATED ADVISOR, LLC, A UTAH LIMITED LIABILITY COMPANY (“COMPANY”), AND YOU (“USER”). USERS SHOULD CAREFULLY READ THESE TERMS OF USE (“TERMS OF USE”) BEFORE ACCESSING AND/OR USING ANY OF THE COMPANY’S WEBSITES, APPLICATIONS AND PLATFORMS, INCLUDING ANY MOBILE WEBSITES, APPLICATIONS AND PLATFORMS (COLLECTIVELY, THE “SITES”), OR (2) ANY PRODUCTS OR SERVICES PROVIDED BY OR THROUGH THE SITES (COLLECTIVELY, THE “SERVICES”). BY ACCESSING OR USING THE SITES OR SERVICES, USER AGREES TO BE BOUND BY THESE TERMS OF USE AND BE LIABLE TO COMPANY FOR ANY NONCOMPLIANCE WITH THESE TERMS OF USE. IF USER DOES NOT AGREE TO THESE TERMS OF USE, AS THESE TERMS OF USE MAY BE MODIFIED FROM TIME TO TIME, USER MAY NOT USE THE SITES OR SERVICES.
USER ACKNOWLEDGES AND AGREES THAT: THE SITES AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY TEXT, GRAPHICS, IMAGES, VIDEOS, AUDIO RECORDINGS, AND ANY OTHER MATERIAL AND CONTENT CONTAINED ON OR AVAILABLE THROUGH THE SITES AND SERVICES (THE “MATERIALS”), ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY. ALTHOUGH THE COMPANY MAKES REASONABLE EFFORTS TO COMPILE AND UPDATE ACCURATE INFORMATION, THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT THE SITES, SERVICES OR MATERIALS ARE ACCURATE, COMPLETE OR UP TO DATE. THE COMPANY HAS NO CONTROL, NOR ANY DUTY TO TAKE ACTION, REGARDING: (i) ANY MATERIALS ACCESSED BY USER IN, ON, THROUGH OR BY THE SITES AND SERVICES; (ii) THE EFFECTS THE MATERIALS MAY HAVE ON THE USER; OR (iii) HOW THE USER MAY INTERPRET THE MATERIALS.
Subject to these Terms of Use, the Company grants User a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Sites and Services. The Sites and Services may contain copyrighted material, trademarks, and other proprietary information and materials. Except for content that is in the public domain or content that User has permission to use in connection with User’s use of the Sites and Services and in compliance with these Terms of Use, User shall not copy, modify, publish, transmit, distribute, perform, or display any content, nor shall User sell, license, rent, or otherwise use or exploit any content for commercial use or in any way that violates any third party’s right. The Company may (but is not required to) remove, block, edit or modify any content in Company’s sole discretion at any time for any reason or no reason at all and without notice to User. The Company reserves the right to access, read, preserve, and disclose any information the Company reasonably believes is necessary to satisfy applicable laws or protect the rights, property or safety of the Company and the Company’s employees, agents, users and the public.
User shall not: (a) copy, modify, or create derivative works or improvements of the Sites, Services or Intellectual Property (as defined below); (b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Sites, Services or Intellectual Property to any person; (c) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Sites, Services or Intellectual Property, in whole or in part; (d) bypass or breach any security device or protection used by the Sites, Services or Intellectual Property or access or use the Sites, Services or Intellectual Property other than through the use of User’s own then valid access credentials; (e) input, upload, transmit, or otherwise provide to or through the Sites or Services, any information or materials that are unlawful or injurious, or contain, transmit, or activate any harmful or malicious code; (f) damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the Sites, Services, Intellectual Property, or Company’s provision of services to any third party, in whole or in part; (g) remove, delete, alter, or obscure any trademarks, warranties, or disclaimers, or any Intellectual Property or proprietary rights notices from any Sites, Services or Intellectual Property, including any copy thereof; (h) access or use the Sites, Services or Intellectual Property in any manner or for any purpose that infringes, misappropriates, or otherwise violates any right, title, or interest of the Company or other right of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction, or disclosure of the data of any other user), or that violates any applicable law; (i) input, upload, transmit, or otherwise provide personally identifiable information (“PII”) into any free-form text fields within the Opportunities functionality of the Sites or Services; (j) access or use the Sites or Services for purposes of competitive analysis, the development or use of a competing service or product, or any other purpose to the Company’s detriment; (k) store or transmit infringing, libelous, or otherwise unlawful or tortious material; or (l) otherwise access or use the Sites or Services beyond the scope authorized under these Terms of Use.
“Intellectual Property” means any intellectual property of the Company or any third party licensors in any jurisdiction throughout the world, including, but not limited to: (i) all inventions, improvements, patents and applications; (ii) all trademarks, service marks, trade dress, logos, slogans, trade names, corporate names, domain names and related rights; (iii) all copyrightable works, copyrights and registrations; (iv) all trade secrets and confidential business information; (v) all software and related documentation; (vi) all other proprietary rights; and (vii) all copies and tangible embodiments thereof.
In no event will User disassemble, decompile, or reverse engineer the Sites, Services, or Intellectual Property or permit others to do so. This includes, without limitation, converting machine-readable code to human-readable form, examining object code to recreate source code, studying behavior in response to inputs, or any other activity that could be construed as reverse engineering, disassembling, or decompiling.
User hereby grants to the Company a royalty-free, perpetual, worldwide, fully paid-up, unlimited and non-exclusive license to use, upload, display, copy and store all User Data. “User Data” means information, data, and other content, in any form or medium that is collected, downloaded, or otherwise received, directly or indirectly from a User by or through the Sites or Services. For the avoidance of doubt, User Data does not include any Content submitted by User to the Company, Sites or Services.
The Sites and Services may contain interactive features that allow User to submit, post, display, publish or transmit comments, feedback, background information, messages, photographs, audio, videos, suggestions, questions, reviews and other related content (“Content”). By submitting Content, User represents and warrants that User owns the Content and that it will not violate these Terms of Use or applicable law, or cause injury to any person or entity. User agrees that Content is not confidential or proprietary and grants the Company a royalty-free, perpetual, irrevocable, worldwide, fully-paid up, unlimited, and non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the Content in any media. Company may monitor, edit, delete, move, or refuse to post any Content in its sole discretion. USER IS SOLELY RESPONSIBLE FOR ANY CONTENT SUBMITTED AND AGREES TO INDEMNIFY COMPANY FOR ALL CLAIMS RELATED TO OR ARISING FROM SUCH CONTENT AND/OR SUBMISSIONS.
THE SERVICES ARE NOT DIRECTED TOWARDS, NOR INTENDED FOR USE BY, ANYONE UNDER THE AGE OF 18. By accessing or using the Services or Sites, User represents and warrants that User (a) has the right, authority, and capacity to enter into these Terms of Use, (b) will abide by all terms and conditions herein, and (c) is at least 18 years of age.
User may need to sign up for an account to use part or all of the Sites or Services. User must provide accurate and up-to-date information and may not impersonate others or use names or emails without authorization. User is responsible for all activity on the account and must keep passwords secure. Notify Company immediately of any unauthorized use. User may delete the account at any time.
The Sites, Services and Intellectual Property may contain third party software requiring notices and/or additional terms and conditions, which are incorporated by reference.
The Sites and Services may contain links to or be linked from other websites over which Company has no control (“Linked Websites”). These links are provided for convenience and information only and are accessed at User’s own risk. Company is not responsible for, and does not endorse or warrant, the content of any Linked Websites. Any reliance on information from the Sites, Services and/or Materials is at User’s own risk. The Sites and Services may include information and content provided by third parties (“Third-Party Content”), for which Company is not responsible.
Nothing in these Terms of Use grants any right, title, or interest in or to any intellectual property in or relating to the Sites, Services, or any materials provided by the Company. All right, title, and interest remain with the Company (subject to third party rights), even if suggestions by User are incorporated.
ALL SITES, SERVICES, MATERIALS AND INTELLECTUAL PROPERTY ARE PROVIDED “AS IS.” COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. COMPANY MAKES NO WARRANTY THAT THE SITES, SERVICES OR MATERIALS WILL MEET REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE INTENDED RESULTS, BE COMPATIBLE OR SECURE, OR BE ERROR FREE.
User shall indemnify, defend, and hold harmless Company and its affiliates and subcontractors, and their respective officers, directors, employees, agents, successors, and assigns from and against all losses, claims, damages, and costs arising out of or relating to (a) User’s Content and User Data; (b) User’s use or misuse of the Sites and/or Services, violations of these Terms, or infringement of rights; (c) any breach of User’s representations, warranties, covenants, or obligations; and (d) any interpretation by, or effects on, User relating to or arising from the Sites, Services or Materials.
IN NO EVENT WILL COMPANY OR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE UNDER ANY THEORY FOR (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT; (b) IMPAIRMENT OR DELAY OF THE SITES OR SERVICES; (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR SECURITY BREACH; (d) BUGS, VIRUSES, TROJAN HORSES; (e) COST OF REPLACEMENT GOODS OR SERVICES; (f) LOSS OF GOODWILL; (g) ANY DIRECT DAMAGES IN EXCESS OF $100.00; OR (h) ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, WHETHER OR NOT FORESEEABLE.
User may cancel the Services at any time by sending written notice to support@integratedadvisor.com or through the in-product cancellation flow, if available. Unless otherwise agreed, cancellations take effect at the end of the then-current billing period. Fees paid are non-refundable (except as required by law). Upon cancellation, read-only access for thirty days is provided to export User Data; thereafter access is disabled and data is deleted or de-identified per retention practices.
Company may terminate or suspend User’s account or access at any time for any reason. Provisions that by their nature should survive termination will survive.
These Terms of Use may be updated or amended by Company at any time, with or without notice. Continued use constitutes acceptance of updated terms.
User may not assign rights or obligations without Company’s prior written consent; any such assignment is void. The Company may assign its rights and obligations without limitation and without notice.
User consents to receive communications from Company in electronic form and agrees that all agreements, notices, and other communications provided electronically satisfy any legal requirements that such communications be in writing.
Company may use third parties, including affiliates’ employees (“subcontractors”), in performance of its obligations. References to Company or its employees are deemed to include such subcontractors.
Company is not liable for any failure or delay due to circumstances beyond its reasonable control, including acts of God, war, civil unrest, epidemics or pandemics, government actions, labor disturbances, or shortages of power or telecommunications.
User’s personal data will be collected, protected, and used in accordance with Company’s Privacy Policy, which is incorporated by reference.
These Terms of Use constitute the entire agreement between the parties regarding the subject matter and supersede all prior discussions and writings.
These Terms of Use are governed by the laws of the State of Utah. ANY LEGAL SUIT, ACTION, OR PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS SHALL BE INSTITUTED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS LOCATED IN SALT LAKE CITY, UTAH, AND EACH PARTY SUBMITS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS.
EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR ANY TRANSACTION CONTEMPLATED HEREBY.