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RINO INVEST LLC Terms of Service
Last Modified: [23 November 2020]
1.Acceptance of Terms of Service. This is an agreement between RINO INVEST LLC, organized under the laws of the State of Georgia (“Company”), the owner and operator of www.rinoinvest.co (the “Site”), and you (“you” or “You”), a user of the Site. The Site, the investments courses, programs and services provided through the Site (“the “Service”) is subject to the following Terms of Service. By using the Site you acknowledge and agree to these Terms of Service and the Privacy Policy, which can be found atwww.rinoinvest.co/privacy-policy and is incorporated by reference. If you choose to not agree with any of these terms, you may not use the Site.
US Clients Only. The Site is intended to be made available only to individuals in the United States, and the information on the Site is only for such persons. Nothing on the Site shall be considered a solicitation to sell investments or advisory services to any person in any jurisdiction where such offer or solicitation would be unlawful under the laws of such jurisdiction. You may not use the Service and may not accept the Terms if (a) you are not of legal age (either under the laws of the Georgia or the laws of the jurisdiction of which you are a resident or from which you use the Website) to form a binding contract with us, or (b) you are a person barred from using the Service under the laws of the United States or other countries including the country in which you are resident or from which you use the Service.
2. Changes to Terms of Service
2.1. Right to Change Terms. The Company reserves the right, in its sole discretion, to change these Terms of Service (“Updated Terms”) from time to time.
2.2. Notice of Updated Terms. Unless the Company makes a change for legal or administrative reasons, the Company will provide reasonable advance notice before the Updated Terms become effective. You agree that the Company may notify you of the Updated Terms by posting them on the Site.
2.3. Acceptance of Updated Terms. Your use of the Site after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. You should review these Terms of Service and any Updated Terms before using the Site.
2.4. Effective Date of Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.
3. Use of Site
3.1. License. During the term of this agreement, the Company grants you a limited, non-exclusive, non-transferable license to access the Site for your personal and non-commercial use in accordance with the Terms of Service.
3.2. Intellectual Property Rights. The design, trademarks, service marks, and logos of the Site (“Marks”), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United States, foreign laws and international conventions. The Company reserves all rights not expressly granted in and to the Site. You agree to not engage in the use, copying, or distribution of any of the Site other than expressly permitted.
3.3. User Conduct
(a) You may not engage in any of the following prohibited activities:
(i) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”,
(ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site,
(iii) transmitting spam, chain letters, or other unsolicited email,
(iv) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site,
(v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on Site infrastructure,
(vi) uploading invalid data, viruses, worms, or other software agents through the Site,
(vii) collecting or harvesting any personally identifiable information, including account names, from the Site,
(viii) using the Site for any commercial solicitation purposes,
(ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity,
(x) interfering with the proper working of the Site,
(xi) accessing any content on the Site through any technology or means other than those provided or authorized by the Site, or
(xii) bypassing the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
4. Your Account
4.1. Account Creation. You must complete the registration process by providing the Company with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password and a user name.
4.2. Responsibility for Account. 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 the Company immediately of any unauthorized use of your account or any other breach of security.
4.3. Liability for Account Misuse. The Company 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. You could be held liable for losses incurred by the Company or another party due to someone else using your account or password.
4.4. Use of Other Accounts. You may not use anyone else’s account at any time, without the permission of the account holder.
5. Account Security. The Company cares about the integrity and security of your personal information. However, the Company cannot guarantee that unauthorized third parties will never be able to defeat the Site’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.
6. Paid Educational Services
6.1. Fees. The Company reserves the right to charge fees for access to the educational courses and programs offered on this Site (“Programs”). However, in no event will you be charged for access to the Programs unless we obtain your prior agreement to pay such charges. You may cancel your account at any time. Any fees will be posted prominently on the Site and in other appropriate locations on the Site.
When you sign up for the Programs, the Company grants you a limited, non-exclusive, non-transferable license to access the Programs on this Site for your personal and non-commercial use in accordance with the Terms of Service (the “License”). The License does not permit you to:
modify or copy the Program materials;
use the Program materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software;
remove any copyright or other proprietary notations from the Program materials; or
transfer the Program materials to another person or “mirror” the Program materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these Program materials or upon the termination of this license, you must destroy any downloaded Program materials in your possession whether in electronic or printed format.
6.2. Rates. You will pay all fees and charges incurred through your account at the rates in effect for the billing period when they are incurred. You will be billed for and pay all fees and charges. You shall pay all applicable taxes relating to use of the Site through your account.
7. No Investment Recommendation or Advice. Company provides its investments and investment advisory services only to individuals who become Company clients pursuant to a written investment or investment advisory agreement. Articles, commentaries, investment plans and other content provided by Company on or through the Site are for illustrative or educational purposes only and do not constitute investment, legal or tax advice, or an offer to buy, sell or hold any investment. Forecasts or projections of investment outcomes in investment plans are estimates only, based upon numerous assumptions about future returns and economic factors. As estimates, they are imprecise and hypothetical in nature, do not reflect actual investment results, and are not guarantees of future results. Diversification does not ensure a profit or protect against a loss in a declining market. There is no guarantee that any particular asset allocation or mix of funds will meet your investment objectives or provide you with a given level of income. Investing entails risk including the possible loss of principal and there is no assurance that the investment will provide positive performance over any period of time.
8. Links. The Site may contain links to third-party websites or resources. You acknowledge and agree that the Company is not responsible or liable for: (i) the availability or accuracy of such websites or resources, or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Company of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
9. Third Party Content. Through the Site, you will have the ability to access and/or use content provided by third parties. The Company cannot guarantee that such third party content will be free of material you may find objectionable or otherwise. The Company disclaims any responsibility or liability related to your access or use of any third party content.
10. Privacy Policy. For information about how the Company collects, uses, and shares your information, please review our Privacy Policy. You agree that by using the Site you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by the Company.
11. Copyright Policy. The Company respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act:
11.1. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf,
11.2. identification of the copyrighted work claimed to have been infringed,
11.3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material,
11.4. your contact information, including your address, telephone number, and an email address,
11.5. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and
11.6. a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
12. Trademarks. The Company name and logo are trademarks of the Company, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks, and trade dress of the Company, and may not be copied, imitated, or used, in whole or in part, without prior written permission from the Company.
13. User Content
13.1. Content Ownership. You retain all ownership rights to content uploaded to Site.
13.2. Content License. By submitting content to Site, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Site and the Company’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.
14. Termination
14.1. Termination upon Notice. Either party may terminate this agreement at any time by notifying the other party.
14.2. Termination by the Company. The Company may terminate or suspend your access to or ability to use the Service immediately, without prior notice or liability, for any reason or no reason, including breach of this agreement. In particular, the Company may immediately terminate or suspend accounts that have been flagged for repeat copyright infringement.
14.3. Effect of Termination. Upon termination of your access to or ability to use the Service, your right to use or access the Service will immediately cease.
14.4. Survival of Provisions. This agreement’s provisions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Service shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to the Company or any third party.
15. Disclaimer of Warranty. ALL PRODUCTS, SERVICES, AND INFORMATION ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY. NEITHER COMPANY NOR ANY THIRD PARTY SUPPLIER PROVIDES ANY WARRANTIES AS TO THE ACCURACY, ADEQUACY, QUALITY OR FITNESS, TIMELINESS, NON-INFRINGEMENT OR TITLE OF ANY PRODUCTS, SERVICES, OR INFORMATION PROVIDED BY YOU, AND ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS THIRD PARTY SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, SERVICES, AND INFORMATION AND THE PRODUCTS, SERVICES, AND INFORMATION, AND ALL INFORMATION DERIVED FROM THEM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ALTHOUGH COMPANY INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICE, COMPANY DOES NOT WARRANT THAT THE SERVICE OR CONTENT CONTAINED IN THEM WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE SERVICE IS FREE OF ERRORS, VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT CASE, ANY IMPLIED WARRANTIES WILL END NINETY (90) DAYS AFTER YOU FIRST USE THE SOFTWARE.
HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE
16. Limitation of Liability. IN NO EVENT WILL COMPANY ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS OR ANY DATA PROVIDER OR SERVICE PROVIDER WILL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOSS OF BUSINESS REVENUE OR LOST PROFITS, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF: (I) YOUR USE OR INABILITY TO USE THE SERVICE, (II) YOUR RELIANCE ON ANY CONTENT, OR (III) ANY PRODUCTS OR SERVICES ADVERTISED ON THE SERVICE; EVEN IF COMPANY OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER COMPANY OR ANY DATA PROVIDER OR SERVICE PROVIDER SHALL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING FROM (I) ANY INACCURACY OR INCOMPLETENESS IN, OR DELAYS, INTERRUPTIONS, ERRORS OR OMISSION IN THE DELIVERY OF THE THIRD PARTY DATA OR ANY OTHER INFORMATION SUPPLIED TO YOU THROUGH THE SERVICE OR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (II) ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANY THIRD PARTY IN RELIANCE UPON THE THIRD PARTY DATA.
17. Indemnification. You agree to indemnify, defend and hold harmless Company and its affiliates, officers, directors, employees, consultants, agents and licensors from any and all third-party claims, liability, damages and/or costs (including but not limited to reasonable attorneys’ fees) arising from your failure to comply with the Terms of Service, your infringement or violation of any intellectual property or other right of a third party, or from your violation of any applicable law.
18. Arbitration
18.1. Claim Procedure. For any dispute you have with the Company, you agree to first contact the Company and attempt to resolve the dispute informally. If the Company has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to this agreement by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules then in effect for the AAA, except as provided herein.
18.2. Arbitration Location. You and the Company agree the arbitration will be conducted in Fulton county, State of Georgia by video conference.
18.3. Arbitration Fees. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules.
18.4. Arbitration Award. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
18.5. Injunctive Relief. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.
18.6. Class Actions. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims.
18.7. Waiver of Jury Trial. You agree that, by entering into these terms, you and the Company are each waiving the right to a trial by jury or to participate in a class action.
19. Governing Law. This agreement will be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws rules.
20. Feedback. We welcome any comment, question and communication at [contact@rinoinvest.co]
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