Urvin Finance, Inc. (“Urvin Finance,” “we,” “us,” “our”) provides its services (described below) to you through its website located at https://www.urvin.finance/and related URLs (the “Site”) or other websites maintained by us, and mobile applications and related technologies (the “Mobile App”), including any updated or new features, functionality and technology (collectively with the Site and Mobile App, the “Service”), subject to this terms of service (as amended from time to time, these “Terms of Service”). By accessing, browsing, or otherwise using the Site, Mobile App or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THIS AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST URVIN FINANCE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do so, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. We will also notify you, either through the Service user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Your Privacy; Additional Terms
Access and Use of the Service
Service Description: The Service provides sophisticated financial and market information, data and educational resources to empower individual investors who are Non-Professional Subscribers. Among other things, the Service will also include a community forum where users can post and interact with each other and share market information and insights and related visuals (the “Community Forum”). In order to access the Service, you must complete the Non-Professional Subscriber Questionnaire to verify that you are a Non-Professional Subscriber. By using the Service, you hereby certify that you are a Non-Professional Subscriber and that any personal information you provide in your registration and the Non-Professional Subscriber Questionnaire is truthful and accurate. You shall notify vendor promptly in writing of any changes in your circumstances that may cause you to cease to qualify as a Non-Professional Subscriber. A “Non-Professional Subscriber” is a natural person that uses the services only for personal purposes and not for any commercial purpose and, for a natural person who works in the United States, is not: (i) registered or qualified in any capacity with the securities and exchange commission, the commodities futures trading commission, any state securities agency, any securities exchange or association, or any commodities or futures contract market or association; (ii) engaged as an “investment adviser” as that term is defined in section 202(a)(11) of the investment advisors act of 1940 (whether or not registered or qualified under that act); or (iii) employed by a bank or other organization exempt from registration under federal or state securities laws to perform functions that would require registration or qualification if such functions were performed for an organization not so exempt; or, for a natural person who works outside of the United States, does not perform the same functions as would disqualify such person as a non-professional subscriber if he or she worked in the United States.
User Account, Password and Security: You may control your account and how you interact with the Service by changing the settings on your Account Settings or similar page. When creating your account or uploading content to the Service through your account, you represent and warrant that you will provide accurate and complete information. You are expected to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your account. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account, even if due to misuse or any unauthorized access. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that your account is personal to you and you agree not to provide any other person with access to the Service using your username, password, or other security information. You also agree to ensure that you logout from your account at the end of each session. You agree to immediately notify Urvin Finance of any unauthorized use of your password or account or any other breach of security. Urvin Finance will not be liable for any loss or damage arising from your failure to comply with this Section.
Other Users: You are solely responsible for your interactions with other users of the Service. We shall have no liability for your interactions with other users of the Service, or for any user’s action or inaction. Urvin Finance shall have no obligation to you to enforce these Terms of Service or any other agreement against any other user of the Service. You are required to comply with these Terms of Service (and Urvin Finance’s Community Guidelines, if and when they are made available to you) when posting content and interacting with other users on the Community Forum, including via direct messaging. Urvin Finance reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service or when a user is in violation of these Terms of Service or Urvin Finance’s Community Guidelines.
Information of Other Users: You represent, warrant and promise that: (a) you will use the personal information of other users of the Service that you can view or access via the Service in accordance with applicable laws, rules, statues, orders or regulations (“Laws”); (b) you shall not further disclose any such personal information to a third party; (c) you will implement appropriate physical, technical, and administrative measures to protect such personal information from loss, misuse, unauthorized access, disclosure, alteration or destruction, and you will notify Urvin Finance immediately in the event of any suspected or actual unauthorized access or disclosure of such personal information; (d) you will not use such personal information to send unsolicited mail, emails, phone calls, SMS, or faxes regarding promotions and/or advertising of your or a third party’s products or Service; and (e) you will respect the privacy choices of other users.
Consent to Doing Business Electronically: Because the Service operates on the Internet, you consent to doing business with us electronically. You agree that we may provide notices to you by electronic means as permitted by Law, for example, by posting it on our website, emailing it to any email address that you have provided us, or sending it as a text message to any mobile phone number that you have provided us. The categories of communications that may be provided by electronic means include:
You consent to receive SMS messages, calls, and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates, or anyone calling on our behalf at the specific numbers you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture, or other means), with information or questions relating to you, your account, or our Services. You acknowledge and agree that standard call, message, data rates, and other fees may apply. Consent to receive SMS messages is not required as a condition of purchase.
We may also send notices to you by postal mail to any postal address that you have provided us. All notices by any of these methods will be deemed received by you no later than the earlier of when received or posted or 24 hours after being sent, except for notice by postal mail, which will be deemed received by you no later than the earlier of when received or 3 business days after it is mailed.
All communications between us in either electronic or paper format will be considered to be “in writing.” You should print a paper copy of these Terms of Service and any communication that is important to you and retain the copy for your records. If you deny or revoke your consent to communicate with us electronically, you may not use the Service.
Modifications to Service: Urvin Finance reserves the right to suspend, limit, condition, disable, modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at our sole discretion. You agree that Urvin Finance will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Urvin Finance may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Urvin Finance’s servers on your behalf. You agree that Urvin Finance has no responsibility or liability for the deletion or failure to store any data or other content maintained by or uploaded to the Service. You acknowledge that Urvin Finance reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Urvin Finance reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Subscriptions and Add-On Fees
Service Pricing: In order to access certain features of the Service, you may be required to pay a subscription fee. Depending on the tier to which you subscribe (a “Subscription Tier”), you will have access to particular features of the Service. In addition to Subscription Tiers, there may be additional add-on features (such as access to datasets that are not included in standard subscriptions) available for additional fees in excess of the fees paid for your Subscription Tier (“Add-On Fees”). More details on the Subscription Tiers and Add-On Fees, including eligibility therefor and the items that can be accessed via each such Subscription Tier and/or payment of Add-On Fees, will be as set forth on the Fees page on the Site.
Payment: To the extent the Service or any portion thereof is made available for any fee, you may be required to select a Subscription Tier (and may elect to also select add-on features) and provide information regarding your credit card or other payment instrument. You will promptly update your account information with Urvin Finance or the Payment Processor (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Urvin Finance the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service. If your payment plan includes an ongoing subscription and/or add-on features that are automatically renewed periodically, you hereby authorize Urvin Finance (through the Payment Processor) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Urvin Finance know within sixty (60) days after the date that we charge you. We reserve the right to change our prices. If Urvin Finance does change prices, we will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means, at Urvin Finance’s option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on Urvin Finance’s net income.
Conditions of Use
User Conduct: You will not express or imply that any statements you make are endorsed by Urvin Finance. You agree you will not use the Service to make recommendations of securities transactions or provide investment advice with respect to securities or purport to do any of the foregoing. You are solely responsible for all statements, information, code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, share, publish, email, send, or display (hereinafter, “upload”) via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Urvin Finance. Urvin Finance reserves the right to investigate and take appropriate legal action against anyone who, in Urvin Finance’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
Special Notice for International Use; Export Controls: Software (as defined below) which may be available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export Laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local Laws regarding your use of the Service, including as it concerns online conduct and acceptable content. The Service may not be used or otherwise provided or made available, either directly or indirectly, (a) in Cuba, Iran, North Korea, Syria, Crimea region of Ukraine, or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Denial Orders. You agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list and that you will not share the Service with anyone whose status is described in items (a) or (b) above.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is solely for your personal, non-commercial use.
Mobile Services and Software
Mobile Services: The Service includes certain services that are available via a mobile device, including (a) the ability to share content to the Service via a mobile device, (b) the ability to browse the Service from a mobile device, and (c) the ability to access certain features and content through the Mobile App (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Urvin Finance account information to ensure that your messages are not sent to the person that acquires your old number.
Mobile App License: Subject to these Terms of Service, Urvin Finance hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the Mobile App on one mobile device and (b) use the Mobile App for your own personal use solely to access and use the Service. For clarity, the foregoing is not intended to prohibit you from installing the Mobile App for another device on which you also agreed to these Terms of Service. Each instance of these Terms of Service that you agree to in connection with downloading a Mobile App grants you the aforementioned rights in connection with the installation and use of the Mobile App on one device.
Apple-Enabled Software: With respect to Mobile Apps that are made available for your use in connection with an Apple-Enabled product (the “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
Urvin FinanceUrvin Finance, Inc.
ATTN: Product Support
170 Boulevard SE
Atlanta, GA 30312
Urvin Finance and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Google-Sourced Software: The following applies to any Mobile App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms of Service are between you and Urvin Finance only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Urvin Finance, and not Google, is solely responsible for Urvin Finance’s Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Service; and (f) you acknowledge and agree that Google is a third party beneficiary to this Agreement as it relates to Urvin Finance’s Google-Sourced Software.
Software: The technology and software underlying the Service, including any proprietary technology or algorithms embodied in Urvin Finance’s software or distributed in connection therewith (the “Software”) are the property of Urvin Finance and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Urvin Finance.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain data, information, content or features, including market data and information, articles and other works (excluding User Content, collectively, “Service Content”), that are protected by copyright, patent, trademark, trade secret or other proprietary rights and Laws. We do not guarantee that any Service Content you access on or through the Service is or will continue to be accurate. The Service Content is protected by United States and foreign intellectual property Laws. Unauthorized use of the Service Content may result in violation of copyright, trademark, and other Laws. You will only use the Service Content for your personal purposes, and you will not download, copy, sell, or resell the Service Content, including but not limited to through the use of framing or mirrors, except as expressly may be stated and permitted in the Service. No other use is permitted without our prior written consent, and any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. If the Service expressly indicates that any Service Content may be copied, you must retain all copyright and other proprietary notices contained in the original Service Content on any copy you make of the Service Content. You may not sell, transfer, assign, license, sublicense, or modify the Service Content or reproduce, display, make a derivative version of, distribute, or otherwise use the Service Content in any way for any public or commercial purpose. The use or posting of any Service Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
Urvin Finance’s name and logos are trademarks and service marks of Urvin Finance (collectively the “Urvin Finance Trademarks”). Other company, product, and service names and logos which may be used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Urvin Finance. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Urvin Finance Trademarks without our prior written permission in each instance. All goodwill generated from the use of Urvin Finance Trademarks will inure to our exclusive benefit.
Third Party Material: The Service Content may include data, information and other content made available by third-party licensors. Under no circumstances will Urvin Finance be liable in any way for any content or materials of any third parties, including, but not limited to, for any errors or omissions in any content, for the quality or legality thereof, or for any loss or damage of any kind incurred as a result of the use of any such content. Urvin Finance does not review or endorse any content or materials of any third parties. You acknowledge that Urvin Finance does not pre-screen content, but that Urvin Finance will have the right (but not the obligation) in its sole discretion to refuse or remove any content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, legality, quality, or usefulness of such content.
Urvin Finance and you acknowledge and agree that the third-parties who supply Service Content (“Third Party Providers”) are third party beneficiaries of these Terms of Service with respect to the applicable Service Content provided by the applicable Third Party Provider, and that, upon your acceptance of these Terms of Service, such Third Party Providers will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to such Service Content as a third party beneficiary thereof.
User Content Transmitted Through the Service: With respect to the content, data, information or other materials you upload through the Service or share with other users (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading (or permitting Urvin Finance to upload) any User Content or otherwise providing any User Content to Urvin Finance you hereby grant Urvin Finance and its affiliated companies a non-exclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content, and any Usage Data (as defined below), in connection with (a) the improvement and operation of the Service, (b) the development and provision of new products and services, or (c) the marketing or promotion of any of the foregoing, in each case in any form, medium or technology now known or later developed. You represent and warrant that any authorized use of your User Content by Urvin Finance or any other user of the Service does and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights. You shall be solely responsible for your User Content and the consequences of posting, providing or publishing it. We may, but are not required to, monitor or control the User Content posted via the Service and we cannot take responsibility for such User Content. You acknowledge and agree that we may, with no liability or penalty, remove or refuse to post any User Content, communication or information uploaded or communicated, which in the sole judgment of Urvin Finance, violates or may violate these Terms of Service, or may adversely affect Urvin Finance or create liability for us.
Disclaimer Regarding User Content: You understand that by using the Service, you may be exposed to User Content that might be offensive, inappropriate, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Urvin Finance be liable or responsible in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
We also have the right to take legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS URVIN FINANCE AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AND EMPLOYEES, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY ALL SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Urvin Finance are non-confidential and Urvin Finance will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Urvin Finance may preserve content and may also disclose content if required to do so by Law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable Laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Urvin Finance, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Urvin Finance respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Urvin Finance of your infringement claim in accordance with the procedure set forth below.
Urvin Finance will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property Laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Urvin Finance’s Copyright Agent at (Subject line: “DMCA Takedown Request”). You may also contact us by mail at:
Urvin FinanceUrvin Finance, Inc.
ATTN: Product Support
170 Boulevard SE
Atlanta, GA 30312
To be effective, the notification must be in writing and contain the following information:
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the Law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, Urvin Finance will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable Law, Urvin Finance has adopted a policy of terminating, in appropriate circumstances and at Urvin Finance’s sole discretion, users who are deemed to be repeat infringers. Urvin Finance may also at its sole discretion limit access to the Service for any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Urvin Finance has no control over such sites and resources and Urvin Finance is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Urvin Finance will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties while using the Service are between you and the third party, and you agree that Urvin Finance is not liable for any loss or claim that you may have against any such third party.
Social Media Sites
In addition, Urvin Finance is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Media Sites. As such, Urvin Finance is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Media Sites. Urvin Finance enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Indemnity and Release
You agree to release, indemnify and hold Urvin Finance and its affiliates and its and their officers, employees, directors, service providers, licensors, and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his settlement with the debtor or releasing party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine. Neither Urvin Finance nor its suppliers shall be liable for any claim or demand against you by a third party.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. URVIN FINANCE, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS (COLLECTIVELY, THE “URVIN FINANCE PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO URVIN FINANCE PARTY SHALL BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO YOU OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICE, THE CONTENT AND THE PRODUCTS AT YOUR OWN RISK.
URVIN FINANCE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) ANY CONTENT, USER CONTENT, OR PRODUCTS PROVIDED THROUGH THE SERVICE IS ACCURATE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE OR CORRECT, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
No Investment Advice Disclaimers
ThESE SERVICES DO not constitute an offer to sell, a solicitation of an offer to buy, or a recommendation of any security or any other product or service by URVIN FINANCE or any other third party.
URVIN FINANCE IS NOT A REGISTERED INVESTMENT ADVISER, INVESTMENT ADVISORY SERVICE, OR BROKER-DEALER AND DOES NOT PURPORT TO TELL OR SUGGEST WHICH SECURITIES CUSTOMERS SHOULD BUY OR SELL FOR THEMSELVES OR OTHERS. ANY TRADING OR INVESTMENT ADVISORY SERVICES OFFERED IN CONNECTION WITH URVIN FINANCE’S APPLICATIONS, PRODUCTS, SERVICES, OR WEBSITE ARE OFFERED BY THIRD PARTIES FOR WHICH URVIN FINANCE IS NOT RESPONSIBLE AND OPERATE SEPARATE AND INDEPENDENT OF URVIN FINANCE.
YOU UNDERSTAND THAT THE SERVICES ARE FURNISHED FOR YOUR PERSONAL, NONCOMMERCIAL, INFORMATIONAL PURPOSES ONLY, AND THAT NO MENTION OF A PARTICULAR SECURITY IN THE SERVICES CONSTITUTES A RECOMMENDATION, OFFER TO BUY, SOLICITATION OF AN OFFER TO SELL, OR HOLD THAT OR ANY OTHER SECURITY, OR THAT ANY PARTICULAR SECURITY, PORTFOLIO OF SECURITIES, TRANSACTION OR INVESTMENT STRATEGY IS SUITABLE FOR ANY SPECIFIC PERSON. YOU FURTHER UNDERSTAND THAT URVIN FINANCE WILL NOT ADVISE YOU PERSONALLY CONCERNING THE NATURE, POTENTIAL, VALUE OR SUITABILITY OF ANY PARTICULAR SECURITY, PORTFOLIO OF SECURITIES, TRANSACTION, INVESTMENT STRATEGY OR OTHER MATTER. IF ANY OF THE INFORMATION CONTAINED IN OR THROUGH THE SERVICES MAY BE DEEMED TO BE INVESTMENT ADVICE, SUCH INFORMATION IS IMPERSONAL AND NOT TAILORED TO THE INVESTMENT NEEDS OF ANY SPECIFIC PERSON. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR YOUR OWN FINANCIAL DECISIONS, INCLUDING DETERMINING WHETHER ANY INVESTMENT, INVESTMENT STRATEGY, SECURITY OR RELATED TRANSACTION IS APPROPRIATE FOR YOU BASED ON YOUR PERSONAL INVESTMENT OBJECTIVES, FINANCIAL CIRCUMSTANCES AND RISK TOLERANCE. YOU SHOULD CONSULT YOUR BUSINESS ADVISOR, ATTORNEY, OR TAX AND ACCOUNTING ADVISOR REGARDING YOUR SPECIFIC BUSINESS, LEGAL OR TAX SITUATION.
YOU UNDERSTAND AND ACKNOWLEDGE THAT THERE IS A VERY HIGH DEGREE OF RISK INVOLVED IN TRADING SECURITIES. URVIN FINANCE, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS ASSUME NO RESPONSIBILITY FOR LIABILITY FOR YOUR TRADING AND INVESTMENT RESULTS. STATEMENTS PROVIDED THROUGH THE SERVICES, ARE MADE AS OF THE DATE STATED AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. IT SHOULD NOT BE ASSUMED THAT THE METHODS, TECHNIQUES, OR INDICATORS PRESENTED IN THESE PRODUCTS WILL BE PROFITABLE, OR THAT THEY WILL NOT RESULT IN LOSSES. YOU ACKNOWLEDGE THAT YOU EXERCISE YOUR OWN INDEPENDENT JUDGMENT IN (A) SELECTION OF ANY OF THE SERVICES, SELECTION OF THE USE OR INTENDED USE OF SUCH, AND ANY RESULTS OBTAINED. NOTHING CONTAINED HEREIN SHALL BE DEEMED TO BE A WAIVER OF ANY RIGHTS EXISTING UNDER APPLICABLE SECURITIES LAWS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NO URVIN FINANCE PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF URVIN FINANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICE RESULTING FROM ANY DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR ANY CONTENT OR COMMUNICATION OF A THIRD PARTY OR OTHER USER OF THIS SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE URVIN FINANCE PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU AS A READER HAVE PAID URVIN FINANCE IN THE LAST SIX (6) MONTHS (IF AT ALL), OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNITY”, “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Urvin Finance, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the Law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Urvin Finance are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
YOU AND URVIN FINANCE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND URVIN FINANCE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Urvin Finance is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction contacting Urvin Finance through the Service’s support message interface or by emailing Urvin Finance at . If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Urvin Finance should be sent to the below address (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Urvin Finance and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Urvin Finance may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Urvin Finance or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Urvin Finance is entitled.
Urvin Finance Inc.
Address: 6106 32nd St. NW Washington DC 20015 USA
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable Law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Urvin Finance and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Urvin Finance agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Urvin Finance will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Urvin Finance will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Urvin Finance will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.
Notwithstanding any provision in these Terms of Service to the contrary, Urvin Finance agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Urvin Finance written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
Termination by Urvin Finance
You agree that Urvin Finance, in its sole discretion, may suspend, limit, condition or terminate your account on the Service or any feature or function thereof and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Urvin Finance believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. Urvin Finance may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that, except as may be explicitly set forth herein, any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Urvin Finance may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Urvin Finance will not be liable to you or any third party for any termination of your access to the Service (except as may be explicitly set forth herein).
These Terms of Service constitute the entire agreement between you and Urvin Finance and govern your use of the Service, superseding any prior agreements between you and Urvin Finance with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of State the Delaware without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Urvin Finance agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Delaware. The failure of Urvin Finance to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or Law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Urvin Finance, but Urvin Finance may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
You agree to insure that any information disseminated pursuant to the Service, whether such dissemination is made (a) by you or on your behalf by a person authorized to disseminate information on your behalf or (b) otherwise, in any case, complies with all statutes, rules, regulations, orders or other governmental acts of any jurisdiction, whether foreign or domestic, including without limitation, (i) the Securities Act of 1933, as amended, including the rules and regulations promulgated thereunder, (ii) the Securities and Exchange Act of 1934, as amended, including Rule 10b-5 and the other rules and regulations promulgated thereunder, (iii) Regulation FD promulgated by the Securities and Exchange Commission, (iv) regulations promulgated by FINRA, and (v) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us in writing at: Urvin Finance, Inc., 6106 32nd St. NW Washington DC 20015 USA.
Questions? Concerns? Suggestions?
Please contact us through the Service’s support message interface or by emailing Urvin Finance atto report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.