By using the VecViz website and services located therein (collectively, the “Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Use”). These Terms of Use is an agreement between you and VecViz LLC (“VecViz” or the “Company”).
VecViz may, in its sole discretion and at intervals of its sole choosing, modify the Service and/or these Terms of Use at any time and without prior notice. It is your responsibility to monitor such changes, and to determine whether or not to continue to access and use the Service based upon any such changes. The Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. The Service may update automatically and if such Service is designed for use on a specific mobile or desktop operating system, then a compatible system is required for use.
VecViz is a technical research company conducting research and analyses on financial instruments, and shares the results of its research via the Service, but VecViz is not providing you any financial or investment advice.
USE OF THE SERVICE IS SOLELY FOR INFORMATIONAL AND EDUCATIONAL PURPOSES, AND NOT FOR THE PURPOSE OF THE PROVISION OF FINANCIAL OR INVESTMENT ADVICE. VECVIZ AND THE SERVICE DOES NOT PURPORT TO OFFER ANY FINANCIAL OR INVESTMENT ADVICE TO YOU THROUGH THE SERVICE, AND THE SERVICE AND INFORMATION PROVIDED BY VECVIZ AND THE SERVICE (INCLUDING facts, views, opinions, recommendations, trades, trading strategies or systems, or descriptions of or references to products or securities) IS NOT TO BE USED OR CONSTRUED AS AN OFFER TO BUY, OR AN ENDORSEMENT OR SPONSORSHIP, OF ANY ENITTY OR SECURITY. PLEASE SEEK THE ADVICE OF FINANCIAL AND/OR INVESTMENT PROFESSIONALS (INVESTMENT ADVISORS, BROKERS, FINANCIAL PLANNER, ETC.), AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINIONS, OR OTHER CONTENT.
Your use of the information provided via the Service should be based upon your own due diligence and judgment of how best to use the information, and subsequently independently verified by a licensed broker, investment advisor, or financial planner.
ALL COMMUNICATIONS TRANSMITTED THROUGH THE SERVICE MAY BE MONITORED FOR QUALITY ASSURANCE, TRAINING AND OTHER PURPOSES. BY ACCEPTING THESE TERMS OF USE, YOU CONSENT TO ANY SUCH MONITORING.
- You agree not to allow the Service to be placed on any third party web site.
- You agree that you will NOT use the Service to:
- upload, download, post, email, transmit, store or otherwise make available any content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
- stalk, harass, threaten or harm another;
- pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another Service user, an employee/representative of VecViz, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity;
- engage in any copyright, patent or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
- violate any applicable securities laws in connection with your use of the Service;
- post, send, transmit or otherwise make available any unsolicited or unauthorized email/text messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
- forge any TCP-IP packet header or any part of the header information in an email, text or group posting, or otherwise put information in a message designed to mislead recipients as to the origin of any content transmitted through the Service (“spoofing”);
- upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
- interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon); and/or
- gather or store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.
Service Disclaimers
- VecViz is not an investment advisor. VecViz does not provide personalized or individualized investment advice. Any information provided as part of the Service is impersonal and not specific to any person’s investment needs. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult a registered investment advisor, attorney, or tax professional regarding your particular financial situation, investing strategies, or specific legal or tax situation.
- You hereby acknowledge and agree that no content published or otherwise provided as part of the Service constitutes a personalized recommendation or advice regarding the suitability of, or advisability of investing in, purchasing or selling any particular investment, security, portfolio, commodity, transaction or investment strategy.
- To the extent that any of the content published or otherwise provided as part of the Service may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person. None of VecViz’s staff, employees, independent contractors, or owners (collectively, “Representatives”) shall be liable for any investment decisions based upon or results obtained from any of the content published or otherwise provided as part of the Service. Trading in investments involves risk and volatility, and any of the investments discussed may lose their value after purchase. Past investment results are not necessarily indicative of future performance. Moreover, the information, research, and opinions that VecViz and/or the Service provides are obtained or derived from sources believed to be reliable, but VecViz cannot, and does not, guarantee their accuracy and completeness nor the opinions based thereon.
- VecViz and its Representatives may hold long or short investments in securities issued by some or all of the tickers for which VecViz provides analytics, or derivatives thereon.
- You should not rely solely upon such information, research and opinions that VecViz and/or the Service provides for purposes of transacting securities or other investments, and you are encouraged to conduct your own research and due diligence, and to seek the advice of a qualified investment professional before you make any investment.
- None of the information, research or opinions that VecViz and/or the Service provides constitutes, or is intended to constitute, a recommendation by VecViz of any particular security or other investment or trading strategy or a determination by us that any security or other investment or trading strategy is suitable for any specific person. Investing in securities or other investments, including those chosen in any of the Service or in any of the content published or otherwise provided as part of the Service, is speculative in nature and involves substantial risk of loss of the money invested.
- VecViz reserves the right to change, modify or discontinue any content or any portion or feature of the Service. Such changes may include, but are not limited to, adding or removing particular outside contributors, experts or representatives, ceasing to provide access to the Service or a feature thereof (and/or providing an alternative Service/feature to you as a replacement), or changing the terms of engagement for the Service. We may make these changes or modifications at our sole discretion, either temporarily or permanently, at any time or from time to time, with or without notice to you. You agree that the VecViz shall not be liable to you or any third party for any such change or modification of the content and/or Service and that your continued use of the changed or modified content and/or Service, and/or continued access to the changed or modified Content and/or Service, constitutes your acceptance of any such changes or modifications.
- There may be links established between the Service and other websites which are not under the control of, or maintained by, VecViz. Such links do not necessarily constitute an endorsement by VecViz of those sites. VecViz undertakes no obligation to monitor such sites, and you agree that VecViz is not responsible for the content of such sites, or any technical or other problems associated with any such third-party site, links, or usage. You further agree that in the event that you establish a link from any other site to the Service, you will immediately discontinue such link upon receiving written notice from VecViz of its objection to any such link.
Limitations of Use
- You are not granted any rights under any of VecViz’s trademarks, or any trademarks of any other third party or any other products or services of VecViz (including without limitation the Service). You will not use VecViz’s copyrights or trademarks or any confusingly similar marks. VecViz is not responsible for providing any product support, maintenance or upgrades. You are responsible for the installation, management and operation of the Service.
- You acknowledge and agree that the Service, the formulas, strategies and algorithms utilized by the Service to provide reports and data, and the look and feel of the Service (collectively, the “VecViz Property”), is proprietary to VecViz and protected under United States laws and international treaties. You further acknowledge and agree that all right, title and interest in and to the VecViz Property, including all associated intellectual property rights therein, whether registered or not, and wherever in the world they may exist, are and shall remain with VecViz, including but not limited to graphics, user interface, and the scripts and code used to implement the Service. The Agreement does not convey to you an interest in or to any of the VecViz Property, but only a limited right to use, revocable in accordance with the terms of the Agreement. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company.
- You acknowledge that the VecViz Property constitutes commercially valuable, proprietary property of VecViz, the design and development of which required the investment of substantial effort, time, and money and reflect, in part, the credibility and “goodwill” of VecViz.
- You agree that you will not (a) reverse engineer, modify, alter, disassemble, decompile, adapt or translate any part of any VecViz Property except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (b) copy (except solely for back-up purposes), sell, loan, assign, sublicense, subcontract, transfer, give, disclose, pledge, lease, rent or share any portion of any VecViz Property or your rights or obligations under the Agreement; (c) modify or prepare derivative works of any VecViz Property; or (d) use any VecViz Property in a competing business. You agree to keep confidential the VecViz Property, and use your best efforts to prevent and protect the VecViz Property from unauthorized disclosure or use. You further agree that the VecViz Property contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright and patents. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the Agreement. No portion of the VecViz Property may be reproduced in any form or by any means, except as expressly permitted in these terms.
- You agree to not post content or take any action on that infringes or violates someone else’s rights or otherwise violates the law. All content posted by you on the Service must comply with U.S. copyright law and applicable securities laws. The Company does not pre-screen content, but reserves the right (but not the obligation) in its sole discretion to refuse or remove any content that is available via the Service. VecViz can remove any content or information that you post if VecViz believes that it violates these Terms of Use. If you collect information from users, you will obtain their consent, make it clear that you (and not VecViz) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
- You shall not download from the Service any historical security price data except through mechanisms provided by VecViz and Service for the express purpose of downloading the same.
Limited License; Submissions; Feedback
- VecViz grants you a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use the Service and other VecViz Property provided therein.
- Submissions made by you or other registered users of the Service (“Submissions”) are made at your own risk. VecViz shall have the right to keep and use any Submissions indefinitely.
- You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the VecViz Property in any manner. The VecViz Property may not be distributed, transmitted, or broadcast in any manner, or for any purpose, unless expressly authorized to do so by VecViz, in advance, and in writing.
- You agree not to use the VecViz Property in any way that would compromise the proprietary nature of the VecViz Property. Without limiting all of the foregoing, you agree not to deliver the VecViz Property themselves, either reproduced or modified, or anything derived from the VecViz Property, either orally or in writing, as part of any seminar, training program, workshop, consulting, or similar business activity which you make available to others.
- Unless expressly indicated otherwise in the Agreement, even if you have previously obtained VecViz’s written permission to use any VecViz Property or Submissions, you must obtain such written consent each time before again using any VecViz Property or Submissions from the Service.
- Except as expressly stated in the Agreement, you acknowledge that you have no right, title, or interest of any kind on any legal basis in or to the VecViz Property or the Submissions of any party.
- Content on the Service may be supplied by third parties and registered users of the Service. Accordingly, VecViz has no specific prior review process or editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information of any provider or other registered user of the Service, are those of the respective parties and not necessarily those of VecViz. Neither VecViz nor any third-party provider of opinions, advice, statements, services, offers, or other information or content guarantees the accuracy, completeness, or usefulness of any third-party opinions, advice, statements, services, offers, or other information or content, nor its merchantability or fitness for any particular purpose.
- If you provide any feedback, reviews, or suggest any changes or modifications to any of the VecViz Property (collectively, “Feedback”), such Feedback shall be deemed non-confidential and VecViz will own all rights, title, and interest in, and shall have all rights to use such Feedback. You hereby irrevocably assign to VecViz all right, title, and interest in and to the Feedback and agree to provide VecViz any assistance VecViz may require to document, perfect and maintain VecViz’s rights in the Feedback.
- You may not remove, modify or obscure any copyright, trademark, or other proprietary rights notices that appear on any VecViz Property or Submissions.
- You agree that any derivative or transformed data derived by VecViz in whole or part from Submissions shall be the exclusive property of the VecViz, and nothing herein shall limit VecViz’s use or exploitation thereof.
Your Warranty and Indemnification
You represent and warrant to VecViz that your use of the VecViz Property will at all times comply with the Agreement, and all applicable law, rules and regulations. You agree to defend, indemnify and hold VecViz, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any content you submit, post, transmit, or otherwise make available through the Service; (b) any violation by you of the Agreement; (c) any legal action taken by VecViz as part of its investigation of a suspected violation of the Agreement or as a result of its finding or decision that a violation of the Agreement has occurred; or (d) your violation of any rights of another. This waiver and indemnity provision applies to all violations described in or contemplated by the Agreement. This obligation shall survive the termination or expiration of the Agreement and/or your use of the Service.
Your Use of Third Party Applications
If you elect to utilize any third party application in connection with your use of the Service, by doing so you are consenting to Your Data being shared with such third party application. To understand how such third party application provider utilizes Your Data and other information, you should review their terms and privacy policy.
Security
We will use industry standard technical and organizational security measures, and as required by applicable law, in connection with the storage, processing and transfer of Your Data that are designed to protect the integrity of that Your Data and to guard against unauthorized or unlawful access to, use of, or processing of Your Data. The Company shall comply, in all material respects, with all confidentiality, information handling, information security, and related use requirements that are applicable to you with respect to Your Data pursuant to applicable statutes and regulations. Further details on our use of Your Data is set forth in our privacy policy found at https://vecviz.com/privacy-policy/.
Termination
All of Your Data will immediately be inaccessible from the Service upon termination of the Agreement. Effective upon termination of the Agreement, all of Your Data, in addition to your Account, will be permanently deleted from all backups, subject to the provisions of the Agreement.This information cannot be recovered once it has been permanently deleted.For avoidance of doubt, your Submissions shall not be deemed Your Data, and VecViz shall have the right to continue to use any such Submissions after termination of the Agreement with you.
The Company, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service pursuant to the Agreement. Such termination/suspension of the Service pursuant to the Agreement will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all of Your Data in your Account. The Company reserves the right to refuse use of the Service to anyone for any reason at any time, upon prompt written notice to Client of such action and the reason.
Disclaimer of Warranties
THE SERVICE AND OTHER VECVIZ PROPERTY (INCLUDING ALL DATABASES, CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREOF) ARE PROVIDED “AS-IS”, WITHOUT WARRANTIES OF ANY KIND AND VECVIZ DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF ORIGINALITY, MERCHANTABILITY, NONINFRINGEMENT, TITLE, ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE OR FITNESS FOR A PARTICULAR PURPOSE. VECVIZ DOES NOT WARRANT THAT THE SERVICE OR FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ALL DEFICIENCIES, ERRORS, DEFECTS OR NONCONFORMITIES WILL BE CORRECTED, THAT THE VECVIZ PROPERTY WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT DEFECTS IN THE VECVIZ PROPERTY WILL BE CORRECTED. VECVIZ DOES NOT WARRANT THAT THE SERVICE WILL WORK CORRECTLY IN ANY PARTICULAR OPERATING ENVIRONMENT. VECVIZ DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE VECVIZ PROPERTY IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE.
VECVIZ DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND VECVIZ DISCLAIMS ANY LIABILITY RELATING THERETO.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages).
General Conditions
- It is your responsibility to create back-up files for any and all such information, data and files that you use in connection with the Service.
- You grant VecViz certain rights with respect to Your Data. For example, VecViz needs to be able to transmit, store and copy Your Data in order to display it to you or other registered users of the Service, to index it so you are able to search it, to make backups to prevent data loss, and so on. The Agreement gives VecViz the permission to do so and grants VecViz any such rights necessary to provide the service to you, only for the purpose of providing the service (and for no other purpose).
- You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You expressly understand and agree that the failure of the Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
- You acknowledge that any breach of your obligations under the Agreement with respect to the proprietary rights or confidential information of VecViz or any of its licensors will cause VecViz irreparable injury for which the remedies at law are inadequate and therefore VecViz is entitled to immediate equitable relief in addition to all other remedies provided by the Agreement or available at law or in equity.
- Except to the extent expressly provided below, the Agreement and the relationship between you and VecViz shall be governed by the laws of the State of Connecticut, excluding any conflicts of law provisions. You and VecViz agree to submit to the personal and exclusive jurisdiction of the courts located within Connecticut, to resolve any dispute or claim arising from the Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from the Agreement shall be governed by the applicable law set forth in the next sentence, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs. If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence. Specifically excluded from application to the Agreement is that law known as the United Nations Convention on the International Sale of Goods.
- You acknowledge and agree that VecViz may, without liability to you, access, use, preserve and/or disclose your information and content to law enforcement authorities, government officials, and/or a third party, as VecViz believes is reasonably necessary or appropriate, if legally required to do so pursuant to subpoena or other regulatory demand or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce the Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of VecViz, its users, a third party, or the public as required or permitted by law.
- If any part of these Terms of Use, or the application thereof to any person or circumstance, is for any reason held invalid or unenforceable, it shall be deemed severable and the validity of the remainder of these Terms of Use or the applications of such provision to other persons or circumstances shall not be affected thereby.
- VecViz may assign its rights under these Terms of Use at any time without notice.
- The provisions of these Terms of Use are for the benefit of VecViz, and its subsidiaries, affiliates and its service providers and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- These Terms of Use shall be binding upon the successors, heirs and assigns of the parties.
TO CONTACT US
If you have questions, comments, or notices about the Service or these Terms of Use, please contact us at: admin@vecviz.com
Last Revised: May 31, 2023