Terms of Service
Last Updated: August 9, 2022
To access the Site and many other components of the Services, you will need to register for an account (the "User Account"). By registering for a User Account, you certify that: (i) you are at least 18 years of age; (ii) any information you provide to us will be true, accurate, current, and complete; and (iii) you are registering the account solely for yourself.
When you create a User Account, you will generate an associated password. You must keep this password confidential and avoid sharing it with any third parties and/or letting anyone else use the Services under your User Account. You must notify us immediately if the password is lost or stolen or if you otherwise suspect unauthorized use of your User Account. You are responsible for all activities that occur under your User Account.
In connection with the User License, you agree that you will: (i) always provide accurate information to us, including your real name, and keep it updated; (ii) use the Services solely for non-commercial use; (iii) use the Services in a professional manner; and (iv) always comply with any applicable court orders or local, state, provincial, national, international, or other laws and regulatory requirements, including, without limitation, laws and regulations relating to privacy, intellectual property, anti-spam, finance, securities, taxation, international trade, and export control.
In connection with the User License, you further agree that you will not and, directly or indirectly, will not permit or cause any other person or entity to, attempt to or successfully:
- Gain unauthorized access to any part of the Services or to any Vested computer systems or networks;
- Circumvent, disable, or otherwise interfere with security-related or authentication features of the Services or any Vested computer systems or networks;
- Probe, scan, or test the vulnerability of any Vested system or network;
- Decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services;
- Infringe or misappropriate the rights of any person or entity, including their intellectual property, privacy, publicity, or other proprietary or contractual rights;
- Interfere with, damage, or violate the security or integrity of, or place an unreasonable load on any part of the Services, our infrastructure or systems, or any network, computer, or communications system, software application, or network or computing device, including through the use of viruses, bots, Trojan horses, harmful code, ping floods, denial-of-service attacks, packet or IP spoofing, forged routing or email address information, circumvention or modification of any access keys or other security mechanism employed by us or our Services, or similar methods or technology;
- Use scripts, bots, spiders, or other automated mechanisms to collect information, “scrape,” or otherwise interact with the Services without our express prior written permission;
- Collect or store personal information about other Users without their express permission;
- Use or interact with the Services in a manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, or in a manner that would damage, disparage, or negatively affect us or our licensors, licensees, or partners;
- Copy, reproduce, rent, lease, sell, transfer, assign, sublicense, modify, publish, distribute, display, prepare derivative works of, reverse engineer, disassemble, or decompile any portion of the Services, including any corresponding source code, without prior written consent from us or the respective owner of the corresponding material;
- Violate the Terms of Service or any other rule or agreement applicable to your or Vested’s inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third-party site or service;
- Solicit any User for any investment or other commercial or promotional transaction;
- Copy or use the information, content, or data provided through the Services in connection with a competitive service (as determined by Vested);
- Monitor the availability, performance, or functionality of the Services for any competitive purpose; or
- Use the Services in any other manner not permitted by the Agreement.
Licenses to Us
By using the Services, you may provide us with information or content that may be used by us in connection with the Services and which may be visible to third parties (“User Information”). You understand that by providing User Information to us in connection with your access to or use of the Services, you hereby grant to us a non-exclusive, unrestricted, worldwide, royalty-free, perpetual, irrevocable, freely sublicensable and freely transferable right and license to use, including to modify, reproduce, distribute, create derivative works from, reformat, translate, display, perform, transmit, process, and otherwise use, in any manner and for any purpose, and in all forms or distribution methods now known or later developed, your User Information, in whole or in part, to provide, optimize, improve, and promote or market our Services, and to create new products and services.
The Services may also include information or content that is available or accessible to us from a variety of public websites, mobile apps, and other products or services. You authorize us to access your information from publicly accessible websites, mobile apps, and other products and services, and collect, store, and use information and content available therein in connection with our business, including to improve the Services and create other products and services.
We also collect Personal Information from third parties to help fill out our picture of you the User. This includes third parties you directly authorize us to access and other information we access in the course of our business.
In your use of the Services, you may choose to enable features that pull information from accounts at other third-party businesses. In doing so, you may provide your username and password for, or otherwise grant access to, third-party websites and services. When you do so, Vested retrieves the account information maintained by the third-party business with which you have an existing relationship (“Third-Party Business Information”). By linking your accounts, you provide us with continuous access to the Third-Party Business Information, which may include account holdings and other financial information available to you. Portions of this information may be displayed on your Vested dashboard. We may use the Third-Party Business Information for any of the purposes described in the following section, entitled “Information Use.” By choosing to use our Services to access and review the Third-Party Business Information, you expressly authorize and direct Vested, on your behalf, to electronically retrieve all Third-Party Business Information associated with or available via the username and password that you use to link the account.
In addition, we may obtain Personal Information from sources such as other Users, social media platforms, other websites, and other third-party sources and use such information in conjunction with Personal Information you provide to us. For example, we may request Personal Information on your behalf from credit bureaus such as TransUnion, Experian, and Equifax.
Limitation of Liability
When you apply for an employment opportunity with Vested, you may provide Personal Information that may include information recorded on a resume, CV, or employment application form. Your provision of such Personal Information is voluntary; however, if you choose not to provide such information, it may affect whether we consider you for employment, unless our receipt of such information is prohibited by law.
You agree to indemnify, defend, and hold harmless Vested and all of its agents, officers, directors, contractors, and employees to the fullest extent permitted by law, against any claim, action, demand, loss, liability, damage, cost, or expense (including legal fees) arising from or relating to: (i) your use of our Services; (ii) your breach or alleged breach of the Agreement or any applicable law; (iii) your infringement or alleged infringement of any intellectual property or other right of any other person or entity; (iv) or any dispute between you and any third party.
You must not settle any such claim or matter without the prior written consent of Vested, and Vested reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you (without reducing your indemnification obligations concerning that matter), and you further agree that you will cooperate fully in the defense of any such claims.
All content and materials, including but not limited to images, text, visual interfaces, information, data, estimates, reports, analyses, and computer code, provided by us through our Services (the “Content”) and all related intellectual property rights are the property of Vested and/or its third-party licensors. Our Content is protected by U.S. and international intellectual property laws and treaties, and we hereby reserve all our rights, title, and interest (including all intellectual property rights) in and to the Services and Content, except as expressly provided herein. Nothing in the Agreement or our Services grants you any license or right to use our Content, except as expressly stated in the Agreement. You may not use any of our trademarks (including our brands and logos) or any links to our Sites in any way without our express permission.
Our Services may also display certain intellectual property, such as company, product, and service name and logos, that is owned by third parties. Nothing in the Agreement or our Services grants you any license or right to use any of these third parties’ intellectual property.
You may not use our Services in any manner that infringes the rights of any third party. If you believe, in good faith, that any of our Content infringes your copyrights, you may send a notice of infringement under the federal Digital Millennium Copyright Act (“DMCA”) by email or regular mail to Legal Department, Vested, Inc. 1304 Chenille Cir Weston, FL 33327 or firstname.lastname@example.org. To find out more about what you must include in the notice and about the procedures we will follow, you can find the text of the DMCA here: https://www.govinfo.gov/content/pkg/USCODE-2015-title17/html/USCODE-2015-title17-chap5-sec512.htm
Term and Termination
The Agreement is effective from the moment you first register for a User Account or begin using any of our Services, whichever occurs earlier. The Agreement is effective until your User Account is terminated and you cease all use of our Services. Additionally, we may, in our sole discretion, terminate all or part of this Agreement at any time, for any reason, without notice, and with no liability arising from such termination to you or any third party. In the event of termination, your obligations under any section of the Agreement that by its nature are intended to survive termination of the Agreement will so survive.
We may also modify in any way, suspend, or cease providing the Services, or limit, suspend, or terminate your access to any part of the Services at any time in our sole discretion without notice or liability to you or any third party.
If you decide you wish to terminate your account, you may do so by emailing us at email@example.com.
Electronic Communications and Contracting
By assenting to these Terms of Service, you agree that a printed version of these Terms of Service and all other agreements entered into by you on the Site in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Specifically, you agree to receive and/or obtain such communications (collectively, “Communications”) from Vested in electronic form, rather than in paper form, and to the use of electronic signatures in our relationship with you. The term “Communications” includes, but is not limited to, documents, agreements, terms, data, records, and any other communications regarding your relationship to Vested, including Form CRS or any other notices, summaries, forms, disclosures, or documents required by law, rule, or regulation.
You represent that you have the appropriate personal computer or other electronic device, software, and internet connection to enable you to retain, if you so choose, any Communications that Vested sends in electronic form for your records. If you have the legal right under any federal and/or state laws or regulations to receive a document in paper form, you may withdraw your consent to receiving that document in electronic form by contacting Vested at firstname.lastname@example.org. A withdrawal of your consent to receive such document in electronic form will be effective only after we have had reasonable time to process your request.
Other Contract Terms
Our failure to enforce any of our rights or act with respect to a breach by you or others of any part of the Agreement does not constitute a waiver of any rights and will not limit our rights with respect to that breach or any subsequent breaches. No waiver by us of any of the provisions in the Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of Vested.
Governing Law and Dispute Resolution
The Agreement and all matters arising out of or relating to it shall be construed and enforced exclusively in accordance with New York law, without regard to choice of law provisions. Any dispute, claim, or controversy arising out of or relating to the Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New York before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures and shall take place in New York, New York. Judgment on the award may be entered in any court having jurisdiction. The parties shall maintain in perpetuity the confidential nature of the arbitration proceeding (including the hearing) and award, unless otherwise required by law or judicial decision. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
Class Action Waiver
You agree that any claims brought by you against us shall be brought solely in an individual capacity and not as a plaintiff or class member of a purported class or representative proceeding. You further agree that the arbitrator may not join the proceeding between us with any other and may not otherwise consolidate claims or preside over any form of a representative or class proceeding.
We may assign the Agreement to any party at any time without notice to you. You may not assign your rights under the Agreement, by operation of law or otherwise, without our express written consent.
We may modify the Agreement at any time at our sole discretion and will post modifications to the Terms of Service on this page. You acknowledge and agree that your access to and use of the Services after we publicly post or otherwise make available to you a modified version of the Agreement will constitute your acceptance of the modified Agreement.
Questions and Contacting Us
That’s it! These are the complete Terms of Service for our Services. If you have any questions about the Agreement, the Services, or Vested generally, please contact us by email at email@example.com, by phone at (347) 353-8592, or via physical mail at:
1304 Chenille Cir
Weston, FL 33327