1. Acceptance of Terms
The following terms and conditions, collectively "Terms of Service" or "Terms", apply to your use of www.fundwisdom.com, including any functionality and services offered on or behalf of Fundwisdom.com, the "Website", the "Company", or "FundWisdom". Please read these Terms of Service carefully before you start using the Website. By using the Website and its services you accept and agree to be bound and abide by these Terms of Service.
2. Changes to these Terms
FundWisdom prides itself for being at the frontier of the peer-to-peer investing revolution. As such, at times the laws and regulations regarding these new investment platforms may change. FundWisdom may need to changes these Terms based on changes in the laws and regulations or changes in the way the Website operates. FundWisdom reserves the right to changes these Terms from time to time at its sole discretion. The Company will announce any major changes to these Terms in a prominent way. Your continued use of the Website following updates to the Terms of Service means that you accept and agree to the changes.
3. Third-party websites
FundWisdom provides its users with information from other websites. Although FundWisdom strives to provide updated links to these third-party websites, it cannot guarantee that these links will continue to be valid. FundWisdom is not responsible for any content included on third-party websites and is not responsible for any information provided on the third-party websites. Users that click through to third-party websites do so at their own risk. FundWisdom is not responsible for any service interruptions on third party websites. Users that access these third-party websites must agree to follow the terms of service for each third-party website. Third-party websites may require their users to provide personal information to form an account. Information provided to these websites is at the user's own risk and FundWisdom is not responsible for any transactions that take place outside of its Website.
4. User Conduct
Users are able to comment on different features of the Website as well as communicate with each other. You agree that all comments and content posted to the Website will be lawful, not include spam, and be free of viruses or other malware. You also agree that all user posted content:
- Does not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Does not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Does not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
- Does not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.
- Is not likely to deceive any person.
- Does not promote any illegal activity, or advocate, promote or assist any unlawful act.
- Does not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Will not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
- Does not involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Does not give the impression that they emanate from us or any other person or entity, if this is not the case.
FundWisdom reserves the right to remove, edit, or modify any user content at any time and for any reason without notice to you, or for no reason at all. FundWisdom also reserves the right to freeze or delete a user's account for any reason at any time and without notice to the user. Although the Website reserves this right to remove content, it does not have the obligation to do so. It is not responsible for content you might not like and you agree to use the Website at your own risk.
5. FundWisdom has no control over users, investors, and companies featured on the Website
FundWisdom provides startups and investors with a platform for discussion. Discussions on the Website may be moderated by FundWisdom. Although FundWisdom provides the platform for these communications, we understand that investors and startups may decide to use other means to further their conversations. Users contacting each other outside of this Website do so at their own risk. FundWisdom has absolutely no control over communications made between users not using the Website.
6. Securities and Exchange Commission (SEC) Compliance
FundWisdom is not a registered broker-dealer with the SEC, nor does it intend act as one. None of the links to third-party websites should be construed as a general solicitation by FundWisdom. The Website provides a resource to investors by aggregating third-party offerings and does not list offerings or investments opportunities itself. FundWisdom does not require investors to qualify as accredited investors in order to use this Website.
No part of this Website should be taken as financial advice. Investing is done at each user's discretion. Investing in startup companies can carry high risks and users considering doing so are advised to speak to a Registered Investment Advisor or chartered financial planner.
7. Limitations on service
FundWisdom cannot guarantee that the Website will always be available. FundWisdom will not be responsible for any reason if any or all of the Website is unavailable at any time or for any period, nor is it liable for any data loss.
8. Intellectual Property
This Website and its original content, features, and functionality are owned by FundWisdom and may be protected by United States copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree not to copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted material. You also agree not to reverse engineer the code of the website or attempt to breach the Website's encryption measures.
FundWisdom makes no claims to intellectual property owned by the third-party websites featured and linked to. Users that post content to the Website may own a copyright or other intellectual property rights to that content. By posting content on the Website, you agree to give FundWisdom a non-exclusive, worldwide, perpetual, royalty-free, fully paid, sublicenseable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the content in connection with the Website and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites). You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
9. Disclaimer of Warranties, Limitations of Liability, and Indemnification
Your use of FundWisdom is at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it ways, which might result in any loss of your or any third party's property or information.
10. Geographic Restrictions
Currently, this Website is only available to users in the United States. By using this Website, you agree that you are a citizen or legal resident of the United States.
11. Governing Law and Dispute Resolution
These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by the laws of Massachusetts, without giving effect to any choice or conflict of law provision or rule. Any dispute arising out of your use of the Website or these Terms will be resolved through arbitration.
12. Waiver and Severability
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and FundWisdom and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court 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 the Terms of Service will continue in full force and effect.