SAVE Advisers LLC (“SAVE”) is an investment adviser registered with the U.S. Securities and Exchange Commission. The SAVE website, the mobile applications and related services (collectively, “joinsave.com” or “Website” or the “Service”) is subject to the following Terms of Service (“Terms”). In this document, “you” means the person using the Website; “we” or “us” means SAVE; “both of us” means both you and us.
Read these Terms carefully. By using the Website, you will be deemed to have agreed to these Terms. If you do not agree to these Terms, you may not use the Website.
SAVE maintains the Website and is the owner or the authorized user of all text, strategies, images, graphics, photos, animation and other materials contained within the Website. The materials contained within the Website, including, without limitation, any copyrights, trademarks, service marks, and all other proprietary materials, are protected by the U.S. and international copyright laws and treaty provisions, trademarks laws, and other proprietary rights laws. SAVE also owns a copyright in the selection, coordination and arrangement of the material contained within the Website. If you become aware of misuse any information on the Website by any person, please contact SAVE to report any abuse. SAVE has adopted and implemented a policy that provides for the termination of accounts of any user or client who infringe upon these rights.
The material contained within the Website is provided by SAVE for use by prospects and clients. The material may not be copied, republished, incorporated into another website or reproduced (whether by linking, framing, or any other method), transmitted, distributed, uploaded, posted, used to create a derivative work or exploited in any other way without the express written consent of SAVE.
You agree not to engage in any of the following:
SAVE provides its investment advisory services only to individuals who become SAVE clients pursuant to a written investment advisory agreement. Articles, commentaries, investment plans and other content provided by SAVE on or through the Website 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 security. You agree that the information you provide to us concerning yourself through the Service will be true, accurate, current, and complete and that we will rely on that information.
There are risks arising from reliance on hypothetical back tested performance information and projected returns. The strategies do not have any material history. As a result, all performance returns on this Website are based on hypothetical back tested performances and do not reflect actual investment results and are not guarantees of future results. Such projected performance is subject to a number of limitations and assumptions designed to determine the probability or likelihood of a particular investment outcome based on a range of possible outcomes. It is possible that any of those assumptions, may prove not to be accurate. In addition, performance of a suggested strategy and program may differ materially from investment gains projected, described, or otherwise referenced in forward-looking statements. In addition, SAVE may revise the strategies, investment classes and underlyings and while SAVE will concurrently update the hypothetical back tested performances, prior hypothetical back tested performances may no longer reflect these revisions.
There is no guarantee that any particular SAVE advisory program will meet your investment objectives or provide you with a given level of income. Investing entails risk and there is no assurance that the investment will provide positive performance over any period of time. Please read SAVE’s Form ADV Part 2 (Brochure) carefully prior to becoming a client.
ALL PRODUCTS, SERVICES, AND INFORMATION ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY. NEITHER SAVE 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, SAVE AND ITS THIRD PARTY SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO 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 SAVE INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICE, SAVE 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 WEBSITE.
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.
You agree to indemnify, defend and hold harmless SAVE 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 attorneys’ fees and costs) arising from your failure to comply with these Terms, your infringement or violation of any intellectual property or other right of a third party, or from your violation of any applicable law.
IN NO EVENT WILL SAVE OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS OR ANY DATA PROVIDER OR SERVICE PROVIDER 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 SAVE OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER SAVE 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.
SAVE may suspend or terminate your account and/or deny you access to use the Website in its sole discretion, without prior notice, for any reason. Further, if we believe, in our sole discretion, that a violation of these Terms has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms. We may seek to gather information from you if we suspect violation of these Terms (or from any other user) and you agree to provide us with such information. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available any user information, emails, or other materials that are believed to violate these Terms. In the event of any suspension or termination, while your right to access the Website terminates, the other provisions of these Terms continue in effect.
We reserve the right to make changes to these Terms at any time. Any such modifications will become effective upon the date they are first posted to this Website. These Terms are in addition to any other agreements between you and SAVE that govern your use of the services, content and information available on the Website.
We may at any time and from time to time to modify or discontinue, temporarily or permanently, this Website (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
To the maximum extent permitted by law, any controversy, dispute or claim arising out of or relating to these Terms will be submitted to binding arbitration in Houston, Texas before a single arbitrator in accordance with the Commercial Rules of the American Arbitration Association. The prevailing party will be entitled to attorneys’ fees, costs and expenses. This agreement to arbitrate does not constitute a waiver of your right to seek a judicial forum where this arbitration clause would be void under federal or applicable state securities laws.
These Terms are entered into in Houston, Texas and governed by and construed in accordance with the laws of the State of Texas without regard to conflict of law principles. Federal law governs copyright, patent and trademark matters.
You agree that the proper forum for claims not subject to arbitration under these Terms (or for enforcement of any arbitration award) will be the state or federal courts located in Houston, Texas, and you agree to submit to the jurisdiction of these courts for any claims or disputes between you and SAVE, pertaining directly or indirectly to these Terms. With respect to any such proceeding or action brought in such courts, you hereby irrevocably waive, to the fullest extent permitted by law: (a) any objection you may have now or in the future to such jurisdiction or venue, and (b) any claim that such action or proceeding has been brought in an inconvenient form. Nothing limits either party’s right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or any other form of relief.
If you have any questions about these Terms, please contact us at email@example.com.