This Agreement describes the terms and conditions applicable to your use of our services at bivio.com. By using the bivio web site ("Web Site"), you accept the terms and conditions of this Agreement. If you do not accept these terms and conditions or have any questions please contact email@example.com.
Limit of Liability. IN NO EVENT SHALL BIVIO OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL.
OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
- Eligibility for Membership. Our services are available only to individuals who can form legally binding contracts under applicable law. If you do not qualify, please do not use our services. bivio may refuse our services to anyone at any time, in our sole discretion.
Use of Material. bivio authorizes you to view and download the material on the Web Site solely for your and your clubs' noncommercial use. Special rules may apply to the use of certain features and services and other items provided on the Web Site. Any such special rules are listed as Legal Notices on this Web Site and are incorporated into this Agreement by reference.
The contents of the Web Site, such as text, graphics, images and other material ("Material"), are protected by copyright under both United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The Material may not be used on any other Web site or in a networked computer environment for any purpose unless our prior written permission is obtained.
If you violate any of these Terms of Service, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
Links to Other Sites. The Web Site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by bivio of the contents on such third-party Web sites. We are not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
- Fees. Registering is free. We provide additional services which are fee based. We may in our sole discretion add, delete or change some or all of our services at any time. Returned checks will incur a $20 fee.
- No Warranty. The Material, including information obtained from independent suppliers not affiliated with bivio, is believed to be reliable, but may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, sequence or timeliness of the Material or about the results obtained from using the Web Site, any of the services offered on the Web Site ("Services") or the Material. The use the Web Site, the Services and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time. BIVIO DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. WE AND OUR SUPPLIERS PROVIDE THE WEB SITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. BIVIO AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY , RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
- Access and Registration. In order to use the Service, you need the equipment necessary to connect to the World Wide Web, and the connection necessary to access the WWW. You are responsible for any fees associated with such connection or access (such as those charged by an Internet Service Provider (ISP) or other online service). You will also need an appropriate computer, related equipment, and software (your "Computer"). You are responsible for installing, maintaining, and operating your Computer. bivio is not responsible for any problems caused by your Computer, including any virus or related problems associated with your use of the software on your Computer.
- Password and Security. Upon registration, you will choose a User ID and Password. You are responsible for keeping your User ID and Password confidential. We recommend you memorize this information, and not write it down. You are responsible for all activity occurring through use of your account and/or password. You agree to immediately notify bivio of any actual or suspected unauthorized use of your account or password. bivio will not be responsible for any loss to you arising from your failure to comply with the above. You agree to use software produced by third parties, including, but not limited to, "browser" software that supports a data security protocol compatible with the protocol used by bivio. Until notified otherwise by bivio, you agree to use software that supports the Secure Socket Layer (SSL) protocol or other protocols accepted by bivio and follow bivio's log-on procedures. You acknowledge that bivio is not responsible for notifying you of any upgrades, fixes or enhancements to any such software or for any compromise of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet. You acknowledge that it is possible that electronic communications may be accessed by unauthorized third parties when communicated between you and bivio using the Internet, other network communications facilities, telephone or any other electronic means.
bivio is Only a Venue. Our site acts as the venue for investment clubs to meet and operate as a club. We have no control over the quality, safety or legality of securities discussed and traded, and the truth or accuracy of information posted to our site. We do not make recommendations on which securities to purchase.
Because user authentication on the Internet is difficult, bivio cannot and does not confirm that each user is who they claim to be. We also encourage you to communicate directly with other users to help you evaluate with whom you are dealing.
Because we do not and cannot be involved in club dealings, in the event that you have a dispute with one or more users, you release bivio (and our agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
For legal reasons, we cannot nor do we try to control the information provided by other users which is made available through our system. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution - and common sense - when using our site.
(available here). In consideration for your use of the Web Site, you agree to provide true, accurate, current and complete Registration Data, and to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
User Submissions. You are solely responsible for any communication which you post to the Web Site, including communications posted to your club's private site on the Web Site ("User Submissions") and we act as a passive conduit for your online distribution and publication of your User Submissions. However, we may take any action with respect to User Submissions we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
You agree that your User Submissions: (a) shall not be fraudulent; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation; (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain child pornography; (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (g) shall not link directly or indirectly to or include descriptions of services that are prohibited under this Agreement.
In order to enable bivio to use and display the User Submissions you supply us with, including any endorsements or testimonials regarding our Web Site and services, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the User Submissions alone or as part of other works in any form, in any media now known or not currently known. We do not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on materials posted by other users on the Web Site will be at your own risk.
TM Service. bivio agrees to provide you with the AccountSync Service, which retrieves account information from providers of online accounts and incorporates them into the bivio accounting and tax application. These providers and sources of online information are referred to as "Information Providers." In order to provide you with the AccountSync Service, bivio will collect your online "Login Information," for each Information Provider accounts on the Service. Login Information is defined as your User ID, Password and/or Personal Information Numbers (P.I.N.) that are specific to your accounts and that provide online access to those accounts. By providing Login Information to bivio, you authorize bivio to act as your agent to access and retrieve "Account Information" from your Information Provider accounts on your behalf. Account Information is defined as the actual data such as balances, transaction lists, etc. that bivio collects from Information Providers and aggregates on your behalf. You hereby expressly authorize bivio to act as your agent and to process requests for Account Information through or with an Information Provider.
- System Integrity. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the bivio site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.
- Breach. We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, and remove any information you place on the site if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us.
- General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Web Site, our service, your participation in investment clubs and your investing in securities.
- Indemnity. You agree to defend, indemnify, and hold harmless bivio, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of this Agreement. bivio shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
- No Agency. You and/or your club and bivio are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
- Notices. Except as explicitly stated otherwise, any notices shall be given by email to firstname.lastname@example.org (in the case of bivio) or to the email address you provide to bivio during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to bivio during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
- General. This Agreement shall be governed in all respects by the laws of the State of Colorado, without respect to its conflicts of laws principles. You and bivio agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Boulder, Colorado. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
- Disclosures. The services hereunder are offered by bivio, Inc, located at bivio, Inc., 4800 Baseline Rd., #E-104-336, Boulder, CO 80303-2643. You may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
We may amend this Agreement at any time by posting the amended terms on our site. The amended terms shall automatically be effective 30 days after they are initially posted on our site.
This Agreement may not be otherwise amended except in a writing signed by both parties. This agreement was revised on March 25, 2011.