Terms of Service
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.
- United States users only. The SAVE Website is intended to be made available only to individuals permanently residing in the United States, and the information on the Website is only for such persons. Nothing on the Website shall be considered a solicitation to sell advisory services to any person in any jurisdiction where such offer or solicitation would be unlawful under the laws of such jurisdiction. You may only use the Service if you are at least 18 years old, permanently residing in the United States and not a person barred from using the Service under the laws of the United States or any applicable State thereof. By using the Website, you will be deemed to have made these representations.
- Browser support. SAVE supports the two latest versions of these web browsers: Chrome, Internet Explorer, Firefox, and Safari. Due to the rapidly evolving nature of web technology, we cannot guarantee the accuracy or functionality of information or advice offered on joinsave.com unless viewed in a supported browser.
- Safeguarding access. You are responsible for safeguarding your password and other account information. you will notify SAVE immediately if your password is lost or stolen or if you suspect any unauthorized use of your account. You are responsible for activity occurring using your account and/or password accessed through the Website, whether or not you have authorized such activities. You agree not to disclose your password to any third party and agree to immediately notify SAVE of any actual or suspected unauthorized use of your account. SAVE will not be responsible for failure to comply with the above.
3. Privacy and Security.
- Telephone call monitoring and recording. Authorized SAVE employees may monitor and record all or portions of your telephone calls to SAVE for quality control, customer service, employee training, security, legal compliance, and other lawful purposes. Your consent will be ongoing and need not be confirmed prior to, or during such monitoring or recording, except to the extent applicable law expressly requires otherwise.
- Electronic Communications. All e-mail sent to and from SAVE will be received or otherwise recorded by the SAVE e-mail system and is subject to archival, monitoring or review by and/or disclosure to, someone other than the recipient. Communications through the website may involve the electronic transmission to any e-mail address you provided to us, of information that you may consider to be personal financial information and you agree and consent to such transmission of such information.
- Confidentiality of Information. SAVE has taken reasonable steps to ensure the confidentiality of information taken through the Website and transmitted via the Internet. However, unexpected changes in technology may be used by unauthorized third parties to intercept confidential information and we cannot be responsible should confidential information be intercepted and subsequently used by an unintended recipient.
- Links. Clicking on certain links within the Website may take you to other websites which are not maintained by SAVE. Links to other websites are provided solely for your convenience. A link to another website is not an endorsement of the website, its content, or its sponsoring organization. SAVE assumes no responsibility or liability for the content, accuracy, reliability or opinions expressed in a website, to which the Website is linked (a “linked website”) and such linked websites are not monitored, investigated, or checked for accuracy or completeness by SAVE. It is your responsibility to evaluate the accuracy, reliability, timeliness and completeness of any information available on a linked website. All products, services and content obtained from a linked website are provided “as is” without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy.
- You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Save or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud.
- Data Collection. When you visit the SAVE website, we collect certain anonymous information about you, including, device-related information (e.g., browser type and IP address) and server log information (e.g., the date and time when you visit the website). We also collect information that you input into our Website. We use this information to better understand our visitors and our business, to provide the services you request, and to enhance the SAVE service.
4. Copyright and Restrictions on Use.
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:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Website or any portion of the Website, without SAVE’s express written consent, which may be withheld in SAVE’s sole discretion.
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than the search engines and search agents available through the Website and other than generally available third-party web browsers (such as Microsoft Explorer).
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Website.
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Website.
- Copy or use any information on the Website in connection with a competitive service.
- Use any information on the Website in any manner not permitted by these Terms.
- Use the Forum or any other area of the Site to publish, distribute or disseminate any inappropriate, profane, discriminatory, obscene, defamatory, indecent or unlawful topics, messages, material or information.
5. No Investment Recommendation or Advice.
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.
6. Disclaimer of Warranties.
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.
8. Limitation of Liability.
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.
9. Failure to Comply with these Terms of Service.
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.
10. Modifications to Terms; Other Agreements.
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.
11. Consent to Terms and Conditions and Modifications
We may amend or change any terms of this Agreement or any account disclosures and documents provided to you. Notice of the amendment or change will be provided to you as required under applicable law.
If at any time the terms, conditions or fees associated with your account are not acceptable to you, you may terminate this Agreement by closing your account after paying any fees or charges owed to us. We may cancel or suspend your account, or other account services at any time.
12. Modification to 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.
14. Applicable Law.
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.
16. Identification Notice (USA PATRIOT ACT).
To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.
This means that when you open an account or use our services, we will ask for your name, physical address, date of birth, social security number, and other information that will allow us to identify you. We may also ask to see other identifying documents such as driver's license or other documents that validate your identity or may use other means to verify your identity.
Even if you have been an existing customer of ours, we may ask you to provide this kind of information and documentation because we may not have collected it from you in the past or we may need to update our records.
If, for any reason, any owner is unable to provide the information necessary to verify their identity, your account(s) may not be opened, may be blocked or closed.
You are responsible for the accuracy and completeness of all information supplied to us in connection with your account and/or account services and for keeping your personal data with us updated if you move or otherwise make changes to your personal data.
17. Save Accounts & Products - Confidentiality.
We will disclose information about your account or the transactions you make to third parties:
- When it is necessary to complete transactions;
- Upon request from Webster;
- In accordance with your written permission;
- In order to comply with court, governmental, or administrative agency summonses, subpoenas or orders; and
- On receipt of certification from a federal agency or department that a request for information is in compliance with the Right to Financial Privacy Act of 1978.
18. Funds Transfer Service.
“Funds Transfer” is an electronic transfer service provided by Save that enables you to securely transfer funds from an account at another financial institution to your deposit account held at Webster Bank, and/or from your account with Webster Bank to an account at another financial institution. Prior to use, you are required to register your external bank account for verification and security purposes. Once your Funds Transfer service is active, please refer to the Funds Availability schedule to see when your Funds will be available for your use in your account. In all cases, funds may be held until we receive verification that the transaction has settled.
By using the Funds Transfer service, you agree that Save will transfer funds through ACH services and that the transaction is subject to completion upon our final review and verification. You agree that such requests constitute authorization for such transfers.
This authorization is to remain in full force until the Save has received written notification from you of its termination, you have electronically deleted a registered bank account from the Funds Transfer service, or you have electronically canceled an account and/or transfers from the Funds Transfer service in such time and in such manner as to afford Save and the other financial institution a reasonable opportunity to act on it.
This service may not be available for all customers and/or account types. Please review our Funds Transfer FAQs for information on availability.
By using the Funds Transfer service, you are certifying that the registered external accounts that you transfer funds to and from are under the same ownership as the account with us. In the event that the accounts are not titled the same or ownership among the transferring accounts changes, you will indemnify us for any losses incurred as a result of any transaction you initiate between these accounts that is later returned or is reported unauthorized. If you initiate a transfer that is found to be unverifiable or is unable to be completed for other reasons, you agree to hold us harmless for any loss resulting from the incomplete transfer. If a transfer is made from a third-party’s account or registered as an external deposit account, before we detect it, we may without notice to you, place those funds on hold and debit your account, and return the funds to the third party's account in the form of a bank check or funds transfer, once we have confirmed the funds cleared the external account.
If you use the Funds Transfer service to transfer funds to or from an account that has multiple owners, you agree that each owner authorizes the others to (a) initiate the transfer of funds between your accounts with us, as permitted by the Funds Transfer service, (b) register any external bank account , as permitted by the Funds Transfer service, and (c) initiate the transfer of funds between your account(s) with us and any registered external bank account . This authority will cease only after we have received and have been given a reasonable amount of time to act on the appropriate documentation needed to change or remove the owner from the account. Each account owner agrees to be jointly and severally liable to Save for any losses incurred as a result of the improper use of this service up to and including the transfer amount, any applicable fees and any legal expenses. Your Funds Transfer request will only be completed if you have sufficient funds in the account from which you wish to transfer funds and the accounts are linked for transfer capabilities. Funds Transfer transactions are subject to dollar amount limitations, which are determined by us and may be set according to your Account type and/or the type of Funds Transfer service you are using. These limitations are set for security reasons and are not disclosed for that reason.
Save reserves the right to limit the number of external accounts that can be linked to your account for purposes of transferring funds; to limit functionality of the Funds Transfer service by imposing limits, holds, or other measures; and to close your account if unlawful activity is found or suspected.