As used in this agreement (“Agreement”), “we” or “us” as the context requires means Diversify, Inc., all its affiliates, including, without limitation, Diversify Insurance, Inc., DFP Lending, Inc., respective affiliates, officers, directors, employees, agents and licensors.
Please read this Agreement carefully. We recommend that you print a copy of the Agreement for your records. To print a copy of this Agreement, select Print from the File menu and select OK from the Print Setup box. We reserve the right to change this Agreement and any information or materials contained on this Web site without notice and your continued use of this Web site constitutes your acceptance of any such changes. You may only use this Web site on the terms and conditions set forth in this Agreement. If you do not want to use this Web site on these terms and conditions, you cannot use this Web site.
This Agreement applies only to your use of this Web site and does not apply to your use or receipt of any products or services we may offer, which may be subject to their own separate terms and conditions. In the event of any conflict between this Agreement and such separate terms and conditions, such separate terms and conditions shall govern and control. Our employees and representatives may be prohibited from using portions of this Web site.
2. No Advice
This Web site does not provide personalized investment advice. Information, services and products provided do not constitute a representation that your use of this Web site or any actions you may take or refrain from taking as a result are suitable for you. All information available to you on or through this Web site is provided for informational purposes only, and no reference to any specific security constitutes a recommendation to buy, sell or hold that security or any other security. You acknowledge and agree that your decision to use any information, services or products available on or through this Web site or to take any action or refrain from taking any action as a result of your use of this Web site will be your decision alone, based solely on your own evaluation of your financial circumstances, your investment objectives and the nature, potential value and suitability of the transactions you make. You understand that we provide no tax, legal or investment advice nor do we give advice or offer any opinion with respect to the suitability of any security.
3. Information and Services Not Guaranteed
We will attempt to have this Web site available seven days a week during the hours of operation. We will also attempt to provide accurate information on it at all times. However, we do not guarantee that this Web site will function without interruption or that all information provided will be accurate or complete. All information is subject to possible correction. Information provided has been prepared from sources and data we believe to be accurate but we make no representation as to its accuracy or completeness. Because some of the information provided on this Web site, is obtained from other sources and because there are inherent hazards in distributing information electronically, there may be delays, omissions, or inaccuracies in the contents. Information has been prepared as of the date(s) indicated and may become unreliable because of subsequent market or economic circumstances. We are not under any obligation to update information or continue to offer information regarding any company or security. Additionally, from time to time, we may be unable to provide information with respect to certain companies with which we have certain business relationships.
Accordingly, all information and services provided on this Web site are provided to you on an “as is,” “as available” basis without warranties of any kind. We cannot and do not make any warranties or representations and, to the fullest extent permitted by applicable law, hereby disclaim with respect to this Web site and its contents all express, implied and statutory warranties of any kind to you or any third party, including, but not limited to, representations and warranties regarding accuracy, timeliness, completeness, currentness, title, noninfringement, merchantability, or fitness for any particular purpose, or any representations or warranties arising from usage or custom or trade or by operation of law. All information on this Web site, including, but not limited to, all text, analyses, reports, articles, graphics, software applications, video and audio files and photos, trademarks, service marks and trade dress are owned or licensed by us. We hereby grant you the limited, revocable, non-sublicensable right to make and use printouts of this information for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark, and other proprietary notices. Except for the limited use rights expressly provided in this paragraph, all rights in such information are reserved.
4. Limitation of Liability
We will not be liable if you are unable to obtain access to this Web site or information provided is inaccurate or incomplete. We will not be liable for any claim arising out of or relating to the content of this Web site, including, but not limited to, any decision made or action taken by you in reliance upon such content, or any loss or injury caused in whole or in part by negligence, interruptions of service, or by contingencies beyond our control, breaches of security resulting from your failure to ensure the confidentiality of your personal information, breaches of security by third parties, information reported through this Web site obtained from third parties or for any types of damages, even if advised of the possibility of such damages.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE OR OTHER TORTIOUS ACTION, SHALL WE OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THIS WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS WEB SITE OR OUT OF ANY BREACH OF ANY WARRANTY EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OR LIMITATION OR LIABILITY WILL NOT APPLY TO THE EXTENT THAT ANY APPLICABLE STATUTE PROHIBITS SUCH EXCLUSION OR LIMITATION OF LIABILITY.
5. No Offer
This Web site is not all-inclusive. Neither this Web site nor any information provided by this Web site should constitute an offer or solicitation to sell any product, service or security. The information provided shall not be solely relied on to make a financial decision about your portfolio. This information has no regard to the specific investment objectives, financial situation and particular needs of any specific recipient of this information and investments discussed may not be suitable for all investors. Investors should seek financial advice regarding the suitability of investing in any securities or following any strategies discussed.
You further understand that Diversify, Inc. and/or any of its affiliates, their employees and/or financial representatives may hold positions in the securities listed or otherwise mentioned on this Web site or in the information obtained through this Web site.
6. Linking from this Web Site
In the event you use the links included on the Web site to gain access to a World Wide Web site or Internet location or source of information of any company, organization or person, you acknowledge that such other sites or locations are not under our control and agree that we shall not be responsible for any information or other links found at any such World Wide Web site or Internet location or source of information, or for your use of such information. We provide such links only as a convenience to you, and have not tested any software or verified any information found at such sites, including the content of any prospectus or sales literature contained on such sites (except with respect to a prospectus or sales literature prepared by us). The fact that we have provided a link to another site does not signify an endorsement of the site or its contents by us or constitute a recommendation by us of any security referenced on the Web site.
7. Amendment, Modification and Waiver of this Agreement
Except as herein provided, no waiver, modification or amendment of any provision of this Agreement will be effective against us unless the same is in writing and signed by an authorized official of Diversify, Inc. We may modify these terms and conditions at any time. You agree that if you use this Web site after such changes in this Agreement, you will be bound by all such changes.
8. Limitations Applicable to Non-U.S. Persons
You understand and agree that we are not required to make available or to continue to make available this Web site to residents of any non-U.S. jurisdiction where we determine, in our sole discretion, that furnishing the Web site might be unlawful under the laws of such non-U.S. jurisdiction or the laws of the U.S., or compliance with either of such laws is impracticable or commercially unreasonable.
If any portion of this Web site requires you to open an account, you must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred us or another party due to someone else using your account or password.
This Web site may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities designed to enable you to communicate with others. You agree to use the Web site only to post, send and receive messages and material that are proper. Without limiting the foregoing, you shall not:
• Restrict or inhibit any other user from using and enjoying the Web site.
• Use the Web site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt any servers or networks used to provide the Web site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Web site.
• Use the Web site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
• Gain unauthorized access to the Web site, or any account, computer system, or network connected to this Web site, by means such as hacking, password mining or other illicit means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Web site.
• Use the Web site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
• Use the Web site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
• Use the Web site to post or transmit any information, software or other material that contains a virus or other harmful component.
• Use the Web site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
• Use the Web site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
• Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Web site.
We have no obligation to monitor materials posted to the Web site and reserve the right to remove any materials posted to the Web site with or without review in our sole discretion. We reserve the right to terminate your access to any or all of the Web site at any time, without notice, for any reason whatsoever. We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion. Managers and hosts are not authorized Diversify, Inc. spokespersons, and their views do not necessarily reflect those of Diversify, Inc. Materials uploaded to the Web site may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials. By posting any materials to the Web site you are granting us and our agents the perpetual, irrevocable, worldwide, royalty-free right to copy, distribute, transmit, publicly display, publicly perform, edit, translate and reformat your submission and the right to publish your name in connection with the submission.
Further, we are free to use any ideas, concepts, know-how or techniques that you may submit to us through this Web site for any purpose.
If any provision or condition of this Agreement shall be held to be invalid or unenforceable by any court, or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition. The validity of the remaining provisions and conditions shall not be affected thereby and this Agreement shall be carried out as if any such invalid or unenforceable provision or conditions were not contained herein.
12. Headings are Descriptive
The heading of each provision hereof is for descriptive purposes only and shall not be deemed to modify or qualify any of the rights or obligations set forth in each such provision.
13. Termination of Service
We may block access to the use of this Web site without prior notice in the event we elect to discontinue such service on a temporary or permanent basis or in the event that you breach this Agreement. We also reserve the right to block access to this Web site if we have reason to believe that the general security and/or integrity of the system is being compromised.
This Web site does not intend to market any of our products or services to children under thirteen (13) years of age, and we do not knowingly gather or solicit data from children under thirteen (13) years of age through this Web site. By using this Web site you represent that you are not under thirteen (13) years of age.