Loading...
TERMS 2017-10-18T19:32:18+00:00

Terms of Use – Effective Date: April 18th, 2016

1. Introduction

Formidable Asset Management, LLC (“Formidable”) makes available investment advisory services through the Numovo web based technology platform at http://www.numovo.com (the “Website”). The Website and all content available on the Website are collectively referred to as the “Formidable Web Services.”

Please read the following important terms and conditions (“Terms of Use”) carefully. These Terms of Use govern your access to and use of the Formidable Web Services, including any content, information, products or services therein. This is a legal agreement between you and Formidable.

Throughout this Terms of Use Formidable may be referred to as “Formidable”, “we”, “us” and similar terms. Users of the Formidable Web Services may be referred to in this Terms of Use as “Users”, “you” and similar terms. A User of the Formidable Web Services who enters into an investment advisory agreement with Formidable (an “IA”) that has been accepted by Formidable may also be referred to as a “Client.”

If you enter into an IA you will be subject to the additional terms and conditions contained in that IA. Investment management services may be offered to Users, at the sole discretion of Formidable. Your election to engage our investment management services are subject to your explicit enrollment and acceptance of the separate IA and related fee schedule and, thereafter, Formidable’s acceptance of that IA.

You understand that by accessing the Website and/or utilizing the Formidable Web Services you are agreeing to be bound by these Terms of Use. If you do not accept these Terms of Use in their entirety, you may not use the Formidable Web Services.

2. Limitations of the Formidable Web Services Applicable to Users Who are Not Clients

A User who is not a Client understands and acknowledges that:

a. The investment results you could obtain from investment information and financial insights provided through the Formidable Web Services are not guaranteed and that Formidable has no responsibility whatsoever for any results that you achieve;

 

b. Your use of the Formidable Web Services is for research and educational purposes only. It is not intended to provide legal, tax or financial planning advice. You agree as a User that you are responsible for your own investment research and investment decisions, that the Formidable Web Services are only one of many tools you may use as part of a comprehensive investment research and education process, that you should not and will not rely on the Formidable Web Services as the primary basis of your investment decisions and, except as otherwise provided for herein, Formidable will not be liable for decisions/actions you take or authorize third parties to take on your behalf based on information you receive as a User of the Formidable Web Services or information you otherwise see on the Website.

3. Modification of the Website or Terms of Use

Formidable reserves the right, in its sole discretion, at any time to modify, discontinue or termination the Formidable Web Services, any portion thereof, or any content thereon without advance notice, or to modify these Terms of Use. All modified terms and conditions will be effective upon the date that the revised Terms of Use is posted on the Website. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Formidable Web Services. By continuing to access or utilize the Website after any such revisions, you agree to be bound by the revised Terms of Use. Each version of the Terms of Use will be identified at the top of the page by the effective date.

4. Eligibility

The Formidable Web Services are intended solely for person who are 18 or older. Any access to or use of the Formidable Web Services by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using the Formidable Web Services, you represent and warrant that you are 18 or older.

5. User Account Registration

In order to access certain features of the Formidable Web Services, as well as to seek to become a Client, you must register to create an account (“User Account”). When you register, you will be asked to either connect using your existing social media account, or to create a password using your email address. This email and (password or social media account) will be required to use to access your User Account. You are responsible for safeguarding your password and other User Account information. You agree not to disclose your password to any third party and you will notify Formidable immediately if your password is lost or stolen or if you suspect any unauthorized use of your User Account. You agree that you shall be solely responsible for any activities or actions under your User Account, whether or not you have authorized such activities or actions. You agree that the information that you provide to us on registration and at all other times shall be true, accurate, current and complete, and you acknowledge that Formidable will rely on the trust accuracy, currency, and completeness of the information you provided to Formidable. Formidable reserves the right to suspend or terminate your User Account if any information provide during the registration process or thereafter provide to be inaccurate, not current, or incomplete.

6. Alerts, Notifications and Service Communications

By creating a User Account, you automatically sign up for various types of alerts via e-mail and mobile notification. When logged in, you may customize, modify and in some cases deactivate alerts by adjusting the settings accordingly. We never include your password in these communications, but we may include your name, or email address and information about your portfolio(s) if you are a Client. Anyone with access to your e-mail or mobile device will be able to view these alerts. You may unsubscribe from marketing oriented emails at any time.

7. Termination

You may request termination of your User Account at any time and for any reason by sending an email to accounts@numovo.com. We may terminate or suspend your access to the Formidable Web Services, in our sole discretion, at any time for any reason without notice to you. Further, if we believe, in our sole discretion, that a violation of these Terms of Use has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms of Use. We may seek to gather information from a User who is suspected of violating these Terms of Use (or from any other User) and you agree to provide us with such information. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available any User information, emails, or other materials that are believed to violate these Terms of Use. Any suspension, termination, or cancellation shall not affect your obligations to Formidable under these Terms of Use (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.

8. Ownership of the Services

Formidable and its licensors own all right, title, and interests, including all worldwide intellectual property right in the Formidable Web Services, and the trademarks, service marks and logos contained therein. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Formidable Web Services.

9. Restrictions

You agree you will not do any of the following while using or accessing the Formidable Web Services:

a. Circumvent, disable, or otherwise interfere with security-related features of the Formidable Web Services or features that prevent or restrict use or copying of any content or User information;

b. Upload, email, transmit, provide, or otherwise make available:

i. any User information which you do not have the lawful right to use, copy, transmit, display, or make available (including any User information that would violate any confidentiality or fiduciary obligations that you might have with respect to the User information);

ii. any User information that infringes the intellectual property rights of, or violates the privacy rights of, any third-party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, moral right, or right of publicity);

iii. unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;

iv. any personal information that is unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contain objects or symbols of hate, invade the privacy of any third-party, contain nudity, are deceptive, threatening, abusive, inciting of unlawful action, or are otherwise objectionable in the sole discretion of Formidable;

v. any personal information that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation overloading, flooding, spamming, mail-bombing, or sending a virus to the Formidable Web Services; or

vi. any personal information that includes code that is hidden or otherwise surreptitiously contained within the User information;

c. Use any meta tags or other hidden text or metadata utilizing a Formidable name, trademark, URL or product name;

d. Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use the Formidable Web Services to send altered, deceptive, or false source-identifying information;

e. Interfere with or disrupt (or attempt to interfere with or disrupt) any Formidable Web Services web page, server, or network, or the technical delivery systems of the Formidable Web Services’ providers, or disobey any requirements, procedures, policies, or regulations of networks connected to the Formidable Web Services;

f. Attempt to probe, scan, or test the vulnerability of any Formidable Web Services system or network or breach or impair or circumvent any security or authentication measures protecting the Formidable Web Services;

g. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide Formidable Web Services;

h. Attempt to access, search, or meta-search the Formidable Web Services with any engine, software, tool, agent, device, or mechanism other than software and/or search agents provided by the Formidable Web Services or other generally available third- party web browsers, including without limitation any software that sends queries to the Formidable Web Services to determine how a website or web page ranks;

i. Violate the Terms of Use or any other rule or agreement applicable to you or Formidable through the Formidable Web Services’ 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;

j. Collect or store personal information about other Users without their express permission;

k. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or commit fraud;

l. Solicit any User for any investment or other commercial or promotional transaction;

m. Violate any applicable law, regulation, or ordinance;

n. Scrape or copy information through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);

o. Use, launch, or permit to be used any automated system, including without limitation “robots,” “crawlers,” or “spiders”;

p. Copy or use the information, content or data on the Formidable Web Services in connection with a competitive service (as determined by Formidable); or

q. Monitor the Formidable Web Services availability, performance or functionality for any competitive purposes;

10. Additional Agreements

You agree you will:

a. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;

b. Provide accurate information to us, whether reported directly or through a third party who you authorize, and keep it updated;

c. Use the Formidable Web Services solely for your personal, non-commercial use;

d. Use your real name on your profile and keep your password confidential; and

e. Use the Formidable Web Services in a professional manner.

11. Copyrighted Materials

If you become aware of misuse of the Formidable Web Services by any person, please contact Formidable to report any abuse.

12. Disclaimer of Warranties

Your use of the Formidable Web Services, and the personal information you provide is at your sole discretion and risk. The Formidable Web Services and all materials, information, products and services included therein, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Formidable.

FORMIDABLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE FORMIDABLE WEB SERVICES, CONTENT AND/OR USER INFORMATION, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. FORMIDABLE DISCLAIMS ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY:

A. REGARDING THE AVAILABILITY, SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE FORMIDABLE WEB SERVICES, CONTENT AND/OR USER INFORMATION;

B. THAT THE FORMIDABLE WEB SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED;

C. THAT THE FORMIDABLE WEB SERVICES WILL BE FREE FROM ELECTRONIC VIRUSES; OR

D. REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY OR THROUGH THE FORMIDABLE WEB SERVICES INCLUDING BUT NOT LIMITED TO INFORMATION OBTAINED THROUGH SOCIAL MEDIA.

No advice or information, whether oral or written, obtained by you from the Formidable Web Services, shall create any warranty not expressly stated in this Terms of Use. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

13. Limitation of Liability

IN NO EVENT SHALL FORMIDABLE OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE FORMIDABLE WEB SERVICES, CONTENT AND/OR USER INFORMATION, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE FORMIDABLE WEB SERVICES OR FOR ANY INVESTMENT DECISIONS MADE ON THE BASIS OF SUCH INFORMATION, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT FORMIDABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL FORMIDABLE’S CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100.

14. Indemnification

You agree to defend and indemnify Formidable and its offices, directors, employees, agents and licensors and to hold them harmless from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with: your access to or use of the Formidable Web Services; your violation of any of these Terms of Use; your violation of any third-party right, including without limitation any intellectual property right, property, or privacy right; any claims that your User information caused damage to a third-party; or any claim related to your distribution of the Formidable Web Services or User information.

15. Dispute Resolution

You agree that these Terms of Use shall be governed by and interpreted in accordance with the laws of the State of Ohio, USA excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under these Terms of Use will be brought exclusively in courts located in Hamilton County, Ohio and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

16. Integration and Severability

This Terms of Use is the entire agreement between you and us with respect to the Formidable Web Services, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. If any provision of this Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Terms of Use will otherwise remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

17. Other General Terms

a. Formidable may assign this Terms of Use or any rights hereunder without your consent. The relationship of the parties under these Terms of Use is that of independent contractors, and these Terms of Use will not be construed to imply that either party is the agent, employee, or joint venture of the other.

b. You agree the only way to provide us legal notice is at the address provided in Section 18

c. The Formidable Web Services are only available for use in the United States.? We make no representation that the Formidable Web Services are appropriate or available for use outside the United States. Similarly, we make no representations that accessing the Formidable Web Services from locations outside the United States is legal or permissible by local law. If you access the Formidable Web Services from areas outside of the United States, you do so at your own risk and are yourself responsible for compliance with local laws. In addition, the Formidable Web Services are only available in those states in which Formidable has authority to provide such services.

d. You understand and agree that we act as a financial adviser for other clients and will continue to do so. We and our personnel may make recommendations and take action for other clients that may differ from the recommendations we give to you or the action we take on your behalf. In addition, our personnel may take actions for their own accounts based on their own investment situations that differ from the recommendations we give you or actions we take on your behalf.

e. You agree that these Terms of Use and the rules, restrictions, and policies contained herein, and Formidable’s enforcement thereof, are not intended to confer and do not confer any rights or remedies on any person other than you and Formidable. These Terms of Use together with Formidable’s Privacy Policy and IA (if applicable) constitute the entire agreement between Formidable and you with respect to the subject matter hereof. Any notice or other communication to be given hereunder will be in writing and given by (i) Formidable via email (in each case to the address that you provide), or (ii) you via email to accounts@numovo.com or to such other addresses as Formidable may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted.

18. Feedback

Your feedback is welcome and encouraged. You may submit feedback by emailing us at accounts@numovo.com You agree, however, that (i) by submitting unsolicited ideas to Formidable or any of its employees or representatives, by any medium, including but not limited to email, written, or oral communication, you automatically forfeit your right to any intellectual property rights in such ideas; and (ii) such unsolicited ideas automatically become the property of Formidable, its agents and/or licensors. You hereby assign and agree to assign all rights, title, and interest you have in such feedback and ideas to Formidable, its agents and/or licensors together with all intellectual property rights therein.

6311276.1