You agree to and accept these terms by acknowledging and consenting to the terms included in this disclaimer. You may not use the Service or accept the Terms if (a) you are not an active subscriber (b) you are not of legal age to form a binding contract with Bitsy Advisor®, or (c) you are a person barred from using the Service under any applicable laws or regulations. If you are an active user, you are prohibited from sharing the product(s) you receive with any other person beside yourself. Failure to fully comply with all terms herein will result in legal action, to the fullest extent of the law.
Bitsy Advisor® is a licensed entity belonging to BA Platform Holdings, LLC which is in legal compliance with the state(s) in which it effects business as a software provider to Registered Investment Advisory firm(s). You acknowledge that BA Platform Holdings, LLC its employees and its agents are NOT financial advisors and/or financial planners that handle the dissemination of investment advice, and can not, through the Service, advise you. You also acknowledge that Bitsy Advisor®, its employees and its agents may have NO FIDUCIARY RELATIONSHIP with you, as we are not in the business of effecting investment advice.
To the maximum extent permitted by law, Bitsy Advisor® disclaims any and all liability in the event that any content or data contained in the Service is inaccurate, unreliable, incomplete, and/or results in any monetary loss of any kind. Nothing in the Service should be construed as an offer to buy, an offer to sell, or a recommendation for or against any security by Bitsy Advisor® or any third party.
The Service is protected by copyright, trade secret and trademark laws. Portions of the Service contain information and data from third party providers, subject to their own copyright and trademark provisions.
Neither Bitsy Advisor® nor its content providers are responsible for any damages or losses arising from any improper use of this service. Certain parts of the information provided in the Service is proprietary to Bitsy Advisor® and/or its content providers; may not be copied or distributed, and is not warranted to be accurate, complete or timely.
Bitsy Advisor® does not give you permission to transmit client information contained within the Service to other individuals on social media (all forms), in your sphere of influence, or any other form of communication that is not authorized to receive such Service. You agree not to modify, copy, create a derivative work of or otherwise attempt to recreate the Service or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Bitsy Advisor®, in writing.
Use of this Service
You acknowledge that each subscription to the Service is designed, intended and licensed for use by a single named user only. You agree not to share access to and/or advice from the Service with any other individuals or entities, except where expressly permitted by Bitsy Advisor®. You agree that you are solely responsible for the activities that occur under your subscription to the Service.
You agree to provide accurate and correct information about your identity, your address, and your payment information. You agree to use the Service only for purposes that are permitted by (a) the Terms, and (b) any applicable laws or regulations.
You agree not to access any of the Service by any means other than that provided by Bitsy Advisor®, except where expressly permitted by a separate agreement with Bitsy Advisor®. You agree not to engage in any activity that interferes with or disrupts the Service, or the servers and networks connected to the Service. You specifically agree not to use automated means (including the use of scripts or web crawlers) to access the Service.
Unless specifically permitted in a separate agreement with Bitsy Advisor®, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Service for any purpose.
Due to third party agreements with certain providers of data to the Service, the results and outputs from the Service, including but not limited to its reports, code and any other private material, may not be used in informational dissemination to the public, mass communications or advertisements, in any form or fashion.
Termination of Service
The Terms will continue to apply until terminated by either you or Bitsy Advisor® as set out below. If you want to terminate your agreement with Bitsy Advisor®, you may do so by written notification to Bitsy Advisor® via electronic mail to the address which is set out at the beginning of these Terms. Remit any and all communication, specifically in regards to cancellation of the Service, to the below address:
Termination is deemed effective when you receive an acknowledgement from a Bitsy Advisor® employee that your message has been received and acknowledged. Bitsy Advisor® may at any time, terminate its legal agreement with you if (a) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (b) Bitsy Advisor® is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or (c) Bitsy Advisor® is no longer providing the Service to users in the state or country in which you are resident or from which you use the Service; or (d) you do not pay the amounts due for the use of the Service; or (e) The provision of the Service to you by Bitsy Advisor® is, in Bitsy Advisor’s opinion,
no longer economically profitable.
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Bitsy Advisor® have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, including the provisions of the “General Legal Terms” and “Conflict of Laws” sections below.
You are welcome to request cancellation of the Service at any time, knowing that you will not receive a refund in any form for such services. If you want to cancel your subscription, you may do so by written notification to Bitsy Advisor® via electronic mail to the address mentioned above. Cancellation is deemed effective when you receive an acknowledgement from a Bitsy Advisor® employee that your message has been received.
If another individual is paying for your account, and that individual ceases payment of your subscription, for whatever reason, it is your responsibility to notify Bitsy Advisor® using the process described herein, that they are no longer to be financially responsible for your account. If you choose to make such a notification, you also agree to provide updated contact and payment information, so Bitsy Advisor® can attempt to transfer financial responsibility for the account to you or a different individual claiming the aforementioned responsibilities.
Exclusion of Warranties
NOTHING IN THESE TERMS, INCLUDING THE “EXCLUSION OF WARRANTIES” AND “LIMITATION OF LIABILITY” SECTIONS, SHALL EXCLUDE OR LIMIT BITSY ADVISOR’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” IN PARTICULAR, BITSY ADVISOR®, ITS SUBSIDIARIES AND AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT: (a) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (b) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, or (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BITSY ADVISOR® OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. BITSY ADVISOR® FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
SUBJECT TO THE OVERALL PROVISIONS IN THESE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT BITSY ADVISOR®, ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE TO YOU FOR:
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), OR OTHER INTANGIBLE LOSS;
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF YOUR OR BA PLATFORM HOLDING’S ACTIONS;
ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVICE;
ANY CHANGES WHICH BITSY ADVISOR® MAY MAKE TO THE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE (OR ANY ASPECTS WITHIN THE SERVICE);
THE FAILURE TO STORE, DELETION OF, OR CORRUPTION OF ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE;
YOUR FAILURE TO PROVIDE BITSY ADVISOR® WITH ACCURATE ACCOUNT INFORMATION; ALL OF THE LIMITATIONS ON BA PLATFORM HOLDING’S AND IT’S PRODUCT, BITSY ADVISOR®, LIABILITY TO YOU SHALL APPLY WHETHER OR NOT BITSY ADVISOR® HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Changes to the Terms
Bitsy Advisor®, through the Service, may make changes to the Terms at any time. When these changes are made, Bitsy Advisor®, through the Service, will make a new copy of the terms available on its website. You understand and agree that if you use the Service after the date on which the Terms have changed, Bitsy Advisor®, through the Service, will treat your use as acceptance of the updated Terms.
General Legal Terms
The Terms constitute the whole legal agreement between you and BA Platform Holdings, LLC and govern your use of the Service (with the exception of any explicitly written and executed side agreements between you and BA Platform Holdings, LLC), and completely replace any prior agreements between you and BA Platform Holdings, LLC in relation to the Service.
You agree that if Bitsy Advisor® does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Bitsy Advisor® has the benefit of under any applicable law), this will not be taken to be a formal waiver of BA Platform Holdings, LLC’s rights and that those rights or remedies will still be available to BA Platform Holdings, LLC.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
The Parties hereto waive trial by jury in any court in any suit, action or proceeding on any matter arising in connection with or in any way related to the transactions of which this agreement is a part of the enforcement hereof, except where such waiver is prohibited by law or deemed by a court of law to be against public policy. The parties hereto acknowledge that each makes this waiver knowingly, willingly and voluntarily and without duress, and only after extensive consideration of the ramifications of this waiver with their attorneys.
The parties hereto waive any right to assert any claims against the other party as a representative or member in any class or representative action, except where such waiver is prohibited by law against public policy. To the extent either party is permitted by law or court of law to proceed with a class or representative action against the other, the parties hereby agree that: (1) the prevailing party shall not be entitled to recover attorneys’ fees or costs associated with pursuing the class or representative action (not withstanding any other provision in this agreement); and (2) the party who initiates or participates as a member of the class will not submit a claim or otherwise participate in any recovery secured through the class or representative action.
The Terms, and your relationship with BA Platform Holdings, LLC under the Terms, shall be governed by the laws of the State of TN and any other state BA Platform Holdings, LLC has an active registration with, without regard to its conflict of laws provisions. You and BA Platform Holdings, LLC agree to submit to the exclusive jurisdiction of the courts located within the County of the specific state from which the Service was directed to and/or directed from, United States of America to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that BA Platform Holdings, LLC shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
BA Platform Holdings, LLC, 800 S. Gay St., STE 1100, ATTN: Bitsy Advisor, Knoxville, TN 37929
Terms of Service
Terms of Service
© 2020 BA Platform Holdings, LLC. All Rights Reserved.
© 2020 BA Platform Holdings, LLC. All Rights Reserved.