Terms of Service

Last updated on March 14, 2016

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS SITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS.

This Terms of Service Agreement (the “Agreement”) is a legal agreement between you and Capitect, Inc., a Delaware Corporation (“Company” or “we” or “us”) for use of the website found at http://www.capitect.com, any additional subdomains of capitect.com, the servers used by the websites and applications, the computer files stored on such servers, and all services, features and content offered by the Company (collectively, the “Site”).

All Site visitors and users, including financial advisors (“Advisors”) and their clients (“Clients”) are collectively referred to as “you.” Please note that Capitect, Inc. is neither a financial advisor nor an investment advisor—our services provide a platform for users to share information with their existing financial advisors.

Acceptance of Terms

Please read this Agreement carefully before you start to use the Site. By accessing or using the Site, you accept and agree to be bound and abide by this Agreement and our Privacy Policy, incorporated herein by reference. If you do not agree to this Agreement or the Privacy Policy, you must not access or use the Site. We may modify this agreement from time to time. Any amended terms automatically take effect 10 days after they are initially posted on this site. Your use of the Site following the effective date of any modifications to this agreement will constitute your acceptance of the agreement, as modified. You agree that notice on the Site of modifications is adequate notice.

Registration and Eligibility

When creating or updating an user account on the Site (“Account”), you may be required to provide the Company with certain personal information, which may include your name, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with the Company’s Privacy Policy. You agree that you will supply accurate and complete information to the Company, and that you will update that information promptly after it changes. You further agree that:

  • You must be at least 18 years of age and a United States resident to create an Account
  • You shall not have more than one Account at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
  • You shall not have an Account or use the Site if you have been previously removed by the Company.
Limited License

The Company grants users a limited, revocable, non-exclusive, non-transferable license to access and use the Site as follows: (i) Clients are permitted to use the Site for personal, non-commercial use only; (ii) Advisors to use the Site for the purpose of providing professional financial advising services to the Advisor’s Clients. All rights, title, and interest in and to the Site not expressly granted in this agreement are reserved by the Company.

Intellectual Property Rights, Copyright, and Trademark

The Company name, the term “Capitect,” the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of Capitect, Inc. or its affiliates or licensors. You must not use such marks without prior written permission from the Company. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

User Content

By submitting information, data, passwords, and other content through the Site, you grant us a license to use such content for the limited purpose of operating the Site and providing related services, without any requirement by us to pay any fees or be subject to further restrictions or limitations.

Restrictions on Your Use of the Site

As a condition of using the Site, you agree not to use the Site for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the Site and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. You agree to the following:

  • You may not resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Site.
  • You may not modify, reverse engineer, decompile or disassemble the Site.
  • You may not copy, adapt, alter, modify, translate, or create derivative works of the Site without written authorization of the Company.
  • You may not permit other individuals to use the Site, including but not limited to shared use via a network connection, except under the terms of this Agreement or with the written consent of the Company.
  • You may not circumvent or disable any technological features or measures in the Site for protection of intellectual property rights.
  • You may not use the Site in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
  • You may not use or access the Site to compile data in a manner that is used or usable by a competitive product or service.
  • You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone;
  • You shall not use your Account to engage in any illegal conduct;
  • You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Site by minors in connection with your Account and you are responsible for any use of your credit card or other payment instrument by minors.

Any such forbidden use shall immediately terminate your license to the Site.

Account Security

You are solely responsible for activity that occurs on your account and it is your responsibility to protect your personal data and maintain the confidentiality of your user information and password. You are also responsible for immediately notifying the Company of any unauthorized use of your account, or breach of your account information or password. The Company will not be liable for any loss that you may incur as a result of someone else using your username or password, either with or without your knowledge. To the extent allowable by law, you shall be liable for any expenses and reasonable attorney’s fees for your failure to safeguard user and password information and/or promptly notify the Company about unauthorized use of your account or breach of your account information or password.

Monitoring

We reserve the right to view, monitor, and record activity when you use the Site without notice or further permission from you, to the fullest extent permitted by applicable law, although we have no obligation to do so. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity involving use of the Site.

Changes to the Site

From time to time and without prior notice to you, we may change, expand and improve the Site. We may also, at any time, cease to continue operating part or all of the Site, or selectively disable certain aspects of the Site or portions of the Site. Any modification or elimination of the Site will be done in our sole and absolute discretion and without an ongoing obligation or liability to you, and your use of the Site does not entitle you to the continued provision or availability of the Site.

Third Party Links

The Site may give you access to links to third-party websites (“Third Party Sites”). The Company does not endorse any of these Third Party Sites and does not control them in any manner. Accordingly, the Company does not assume any liability associated with Third Party Sites. You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect your personal information and privacy on such Third Party Site.

Capitect as Your Authorized Agent

When you use the financial aggregation features of the Site, which require you to input your credentials for third-party financial institutions on the Site, you expressly authorize and direct Capitect, on your behalf, to electronically retrieve your account information maintained by third-party financial institutions with which you have a legally binding customer relationship (“Financial Account Information”). We may work with one or more third party financial service technology providers to access and retrieve your Financial Account Information. FOR PURPOSES OF THIS AGREEMENT AND SOLELY TO OBTAIN AND PROVIDE THE FINANCIAL ACCOUNT INFORMATION TO YOU AS A FEATURE OF THE SITE, YOU GRANT CAPITECT A LIMITED POWER OF ATTORNEY, AND APPOINT CAPITECT AS YOUR ATTORNEY-IN-FACT AND AGENT, WITH FULL POWER OF SUBSTITUTION AND RE-SUBSTITUTION, FOR YOU AND IN YOUR NAME, PLACE AND STEAD, IN ANY AND ALL CAPACITIES, TO ACCESS THIRD PARTY SITES, SERVERS OR DOCUMENTS, RETRIEVE INFORMATION AND USE YOUR INFORMATION WITH THE FULL POWER AND AUTHORITY TO DO AND PERFORM EACH AND EVERY ACT AND THING REQUISITE AND NECESSARY TO BE DONE IN CONNECTION WITH SUCH ACTIVITIES, AS FULLY TO ALL INTENTS AND PURPOSES AS YOU COULD DO IN PERSON.

Subscription Fee and Refund Policy

Advisors pay a monthly subscription fee for use of the Site. Payment information you provide is handled and secured pursuant to our Privacy Policy.

Reliance on Information Posted

The information presented on or through the Site is made available solely for informational purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other members, users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content provided by third parties are solely the opinions and the responsibility of the person or entity providing those materials and do not necessarily reflect the opinion of Capitect, Inc. We are not responsible, or liable to you or any third party, for the content or accuracy of any third-party materials provided on the Site.

Warranty Disclaimer

CAPITECT, INC., ITS DIRECTORS, EMPLOYEES, CONTRACTORS, SUPPLIERS, PARTNERS LICENSORS, AGENTS (“COVERED PARTIES”) REPRESENT THAT CAPITECT AND THE SITE IS AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. COVERED PARTIES ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS MADE BY YOU, OR ERRORS OR OMISSIONS IN THE CONTENT, INFORMATION OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THE SITE. WITH RESPECT TO THE SITE, AND ALL CONTENT, DATA AND INFORMATION IN RELATION THERETO, COVERED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SITE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE SITE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM OUR SITE IS AT YOUR SOLE RISK.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COVERED PARTIES WILL NOT BE LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY DATA, INFORMATION OR CONTENT, FOR ANY SERVICES INTERRUPTIONS, OR FOR ANY FAILURE OR DELAY RESULTING FROM ANY ACTS OF FORCE MAJEURE OR ACTS THAT ARE OTHERWISE OUTSIDE OF CAPITECT’S OR ITS LICENSORS’ OR AGENTS’ REASONABLE CONTROL, OR ANY INTERNET OR TELECOMMUNICATIONS FAILURE OR YOUR INABILITY TO ACCESS THE SITE. NOR CAN CAPITECT OR ITS AFFILIATES, LICENSORS OR AGENTS GUARANTEE THE COMPLETE SECURITY OF THE SITE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS OR THAT ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT ANY DOWNLOADS OF CONTENT OR MATERIALS RELATED TO THE SITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF OR ACCESS TO ANY SUCH MATERIALS. IN ADDITION, WE CANNOT ALWAYS ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES WITH THE SITE, EITHER PRESENTLY OR AS THEY EVOLVE; THE SITE MAY CONTAIN BUGS, ERRORS OR OTHER PROBLEMS, WHICH MAY RESULT IN LOSS OF DATA OR SETTINGS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NEITHER CAPITECT, INC. NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT AND OTHER FINANCIAL DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THIS SITE. NEITHER CAPITECT NOR ITS CONTENT PROVIDERS SHALL BE CONSIDERED AN “EXPERT” UNDER THE SECURITIES ACT OF 1933. NEITHER CAPITECT, INC. NOR ITS CONTENT PROVIDERS WARRANT THAT THIS SITE COMPLIES WITH THE REQUIREMENTS OF THE FINANCIAL INDUSTRY REGULATORY AUTHORITY, THE SECURITIES AND EXCHANGE COMMISSION OR ANY SIMILAR ORGANIZATION OR REGULATOR OR WITH THE SECURITIES LAWS OF ANY JURISDICTION.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF CAPITECT, ITS AFFILIATES, LICENSORS AND AGENTS TO YOU SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). COVERED PARTIES SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES MEASURED BY LOST PROFITS, OR FOR DAMAGES FOR LOST OPPORTUNITY, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA OR OTHER INTANGIBLE LOSSES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO USE OF THE SITE. Some jurisdictions do not permit the limitation or exclusion of certain categories of liability, so some of the above limitations may not apply to you.

Indemnification

You agree to defend, indemnify and hold harmless Capitect, Inc. and the Covered Parties (defined above) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the services or information provided on the Site.

Not a Financial, Investment, Legal or Tax Advisor

The Site is intended to help make collaboration between Advisors and their Clients as convenient and streamlined as possible. However, we do not offer or render financial, investment, tax or legal advice. Before making financial or investment decisions, we recommend that you consult with an investment advisor, or tax or legal professional.

Miscellaneous

All matters relating to the Site and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) except that the arbitration provision shall be governed by the Federal Arbitration Act. No waiver of by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect. This Agreement and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

Changes to this Agreement

We may revise and update this Agreement from time to time in our sole discretion. However, any changes to the dispute resolution provisions set forth in the Dispute Resolution section above will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Site.

BY USING OR ACCESSING THE SITE, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

This Site is operated by

Capitect, Inc.
1901 Avenue of the Stars, Suite 200
Los Angeles, CA 90067.

All feedback, comments, requests for technical support and other communications relating to the Site should be directed to service@capitect.com.