General Terms and Conditions
Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Site, including but not limited to all content, services, digital products, tools or products is hereby expressly prohibited.
Without limiting the foregoing, when you use certain features of the Services, such as features incorporating social media analytics and reporting, your use of such features will also be subject to the guidelines, term, agreements and conditions applicable to such features (the “Policies”). All such Policies are incorporated into these Terms by reference, and if these Terms are inconsistent with any Policy, the terms of such Policy will control.
In these Terms, the use of the words “Voleo”, “we”, “our,” and “us” refer to Voleo, Inc., a Canadian corporation doing business as Voleo. The words “user,” “you,” and “your” refer to entities that access and/or use the Site or the Services.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us. If you are using the Site and/or the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf.
We reserve the right to change or modify these Terms or any policy or guideline of the Site and the Services we offer at any time. We will notify registered users of changes by posting updates to https://www.myvoleo.com/terms-of-use. Your use of the Site and the Services will be subject to the most current version of these Terms posted on the Site at the time of your use. We recommend that you check the Site from time to time to inform yourself of any changes in these Terms or any of our other policies, and you are solely responsible for reviewing and becoming familiar with any modifications to these Terms.
No Financial or Investment Advice; NOT AN Investment Adviser, broker or tax advisor; NOT in the business of trading
Voleo is not yet registered as an investment adviser, broker or tax advisor in Canada or any other jurisdiction(s) and is a technology platform developer. It has a wholly-owned subsidiary, Voleo USA, Inc. (www.voleousa.com), which is registered with FINRA (www.finra.org) as a broker-dealer. While Voleo USA can take customers in certain US states, Voleo does not open live trading accounts in Canada or other international jurisdictions. Voleo is developing software platforms that may be used, either by Voleo or parties that licence its platforms, to form and/or manage brokerage accounts and conduct trades. Individuals who sign up to Voleo’s email list may be offered incentives to register their interest, such as a free trade. Any such incentives are conditional upon Voleo eventually securing registration in the jurisdiction of the recipient, which may not happen, and the recipient being eligible to become a client of Voleo’s.
Any information provided on the Site, or Services should NOT be considered a recommendation. Voleo does not make any recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable or advisable for you or for any specific person, or that an investment in such securities will be profitable. Nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by Voleo or any third party. Voleo provides access to certain services through contractual relationships with independent third party service providers. Your use of such products and services shall be solely pursuant to your agreement with such third-party financial service providers. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation.
By your use of this Site, you agree and acknowledge that:
- The Site is provided for information purposes only and is not to be treated as advice to make any specific investment or to pursue any particular investment strategy;
- Nothing in the Site is meant to be specific financial advice or a personalized recommendation to buy, sell or hold a security;
- You may not rely on anything on this Site to make any financial or investment decisions and you should consult an investment professional familiar with your specific financial situation before making any such decisions;
- The Site may include certain information obtained from stock exchanges and other third party sources believed to be reliable, but Voleo does not guarantee the sequence, accuracy, completeness, or timeliness of any information contained on the Site;
- Voleo does not warrant any results from your use or reliance on any information contained on, or functionality provided by, the Site;
- Voleo is not obligated to update any information or opinions contained in any of the information on the Site, including that which is subject to change based on varying market conditions or economic circumstances;
- None of the information contained on this site constitutes a solicitation, offer, opinion, or recommendation by Voleo to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment;
- The information provided on this site is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation.
1. Eligibility and Registration Data
You must be 13 of age or older to use the Services. To use certain features of the Services, you must register for an account. By registering for an account, you represent and warrant that any information that you submit is true and accurate, that you are 13 years of age or older and are fully able and competent to enter into, and abide by these Terms. You further agree to (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms within our registration process (“Registration Data”); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; (iv) accept all risks of unauthorized access to the Registration Data and any other information you provide to us; and (v) notify us immediately of any unauthorized use of your account or any other breach of security by emailing us at [email protected] Use of the Services is void where prohibited.
2. Free Trial / Free Trades / Incentives
We may offer free trials for selected features of the Services. Once your free trial period ends, your ability to access some or all of the Services will terminate. We reserve the right to determine if you are eligible for a free trial and to discontinue any free trial without notice for any or no reason. We may also offer free trades or other incentives for joining our email list. Incentives of this nature are conditional upon Voleo eventually securing registration in the jurisdiction of the recipient, which may not happen, and the recipient being eligible to become a client of Voleo’s.
3. Fees and Payment; No Refunds
The Voleo SimuTrader app is entirely simulated and no fees or payments are possible. In the future, following registration with the approrpiate regulators, you may be able to direct Voleo to retrieve your individual account information maintained online by a third-party financial service provider with which you have a customer relationship, maintain accounts or engage in financial transactions (your “account information”). Voleo may work with one or more online financial service providers under contract to access this account information at your instruction. Voleo does not retain your account information and makes no effort to review any such account information for any purpose, including but not limited to accuracy, legality or non-infringement. Voleo is not responsible for the products and services offered by any such third-party financial service providers.
Voleo cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Voleo assumes no responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings associated with such account information maintained by a third party service provider.
4. Trademarks and Materials
Voleo’s designs, text, graphics, pictures, information, data, software (and the selection and arrangement thereof) logos, code, and designs (collectively, the “Site Materials”) are all property of Voleo and are protected by intellectual property law. Use of these items is subject to these Terms and is only permitted within normal use of the Site and/or the Services. Your use of the Site and/or the Services grants you no right or license to reproduce or otherwise use any Voleo or third-party trademarks except as expressly set forth herein.
5. Use Restrictions; Limited License
You may access and use the Site and/or the Services only in compliance with these Terms and all applicable local, state, national, and international law, rules, and regulations. You are granted a limited, non-sublicensable license to access our Site and use the Services, and electronically view, copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials (except third party content) for your personal, informational and internal use only. You shall not: (i) resell or make any non-internal use of the Site, the Services or the Site Materials (or any portion thereof), unless expressly authorized in writing by Voleo; (ii) distribute, publicly perform or publicly display any Site Materials (or any portion thereof); (iii) modify or otherwise make any derivative uses of the Site, the Services or the Site Materials (or any portion thereof); (iv) use any data mining, scraper, spider robots or similar data gathering or extraction methods to access, monitor or copy any Site Materials or other content or information used by the Site or the Services; (v) violate the restrictions in any robot exclusion headers on the Site or the Services or bypass or circumvent other measures used to prevent or limit access to the Site or the Services; (vi) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (vii) deep-link to any portion of the Services for any purpose, unless expressly authorized in writing by Voleo; (viii) “frame”, “mirror” or otherwise incorporate any part of the Site or the Services into any other web site, unless expressly authorized in writing by Voleo; or (ix) use the Site, the Services or the Site Materials other than for their intended purpose and as expressly permitted by these Terms.
Any use of the Site, the Services or the Site Materials other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and will terminate the license granted in these Terms. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. We reserve the right to revoke your authorization to access or use the Site and the Services if we believe in good faith that you have violated these Terms or any laws whatsoever. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license granted by these Terms is revocable at any time.
6. User Content
By design, the nature of the Site is interactive and public. The Site allows other users to view the companies you track, your comments, product and company ratings, photos and/or videos you upload, and any other material you make publicly available on the site. You may submit text, files, images, photos, videos, sounds, works of authorship, comments and other content (“User Content”) on the Site. You understand and acknowledge that your User Content will not be treated as confidential or proprietary and that any ideas, concepts or creations related thereto or other materials you transmit to the Site may be used by Voleo anywhere, anytime, and for any reason whatsoever subject to the terms of the User Content License set forth below.
Your posting of User Content is subject to the Terms and any additional terms posted for a specific feature, as well as the following, to which you agree to adhere through your use of the Site:
- By submitting any User Content on or through the Site, you hereby grant to Voleo a limited, non-exclusive, irrevocable, perpetual, sub-licensable, worldwide, fully-paid, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content without the requirement to make payment to you or to any third party or the need to seek any third-party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sub-license User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software, or in computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein (the aforementioned is the “User Content License”);
- You represent and warrant that you own all content submitted, displayed, published, or posted by you on the Site and otherwise have the right to grant the User Content License, and the displaying, publishing, or posting of your User Content, and our use thereof, does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights, or any other intellectual property rights or other rights of any person or entity;
- You agree not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by Voleo, in its sole discretion;
- You will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential;
- You will not misrepresent an affiliation with another person or organization, including, without limitation the personnel of Voleo, nor will you post any content that contains slanderous or libelous comments about others;
- You will not post any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service;
- You will not post any software to the Site or Services, nor will you post links or files that do not comply with the Terms, and you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or a feature of the Site;
- You will not modify in any way any specifications, technology, or application codes provided to you by Voleo or as embedded in the User Content unless expressly authorized in writing by Voleo; and
- You may not share or transfer passwords or other access information with any other party, temporarily or permanently.
Voleo may delete any User Content that in the sole judgment of Voleo violates these Terms.
Voleo does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Voleo without the prior review and written approval of Voleo.
You agree to indemnify and hold Voleo, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages, and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms or which arises from the use of User Content you submitted, posted, or otherwise provided to Voleo or the Site.
7. Third Party Services
The Site and the Services allow (or may in the future allow) you to select, input, upload and share information and data in connection with and through designated user accounts (“User Accounts”) maintained by you on certain third-party social media platform (“Third Party Services”). The Site and the Services allow (or may in the future allow) you to access Third Party Services using the Site and/or the Services to post, link, message users of Third Party Services or otherwise act on a wide variety of information accessed by the Site and/or the Services and originating from User Accounts on Third Party Services, and to collect data and generate reports based on these activities (collectively, “User Materials”). You are solely responsible for User Materials. By accessing Third Party Services through the Site and/or the Services, you represent and warrant that you have the lawful right to access such Third Party Services, and that the creation, distribution and reproduction of the User Materials complies with the terms applicable to the Third Party Services. You shall ensure that your use of the Site and the Services, including use of User Materials with the Site and/or the Services and Third Party Services, does not contain code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including, without limitation, by introducing viruses or similar code into the Site or the Services, hosted systems or servers, or systems or servers maintained by providers of Third Party Services accessed through the Site or the Services. Voleo is not responsible for any loss or damage to User Materials. You assume all risks for the User Materials and are solely responsible for protecting and backing up the same.
8. Third Party Links
9. Modifications to the Services
The Services that Voleo provides are always evolving and the form and nature of the Services that Voleo provides may change from time to time without prior notice to you. In addition, Voleo may stop (permanently or temporarily) providing the Site and/or the Services (or any features within the Site and/or the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on your use and storage of User Content at our sole discretion at any time without prior notice to you.
10. Terms and Termination
Your account will remain in effect until the earlier of your cancellation or our termination of your account in accordance with these Terms. To cancel your account, please email us at [email protected] Notwithstanding anything to the contrary herein, we have the right, without notice and in our sole discretion, to terminate your license to use the Site and/or the Services, and to block or prevent your future access to and use of the Site and/or the Services.
11. Advertisements and Promotions
We may now or in the future allow advertisers and corporate partners to post content on the Site and within our Services and provide links to sites and content of third parties (collectively the “Advertiser and Corporate Partner Content”) as a service to those interested in this information. These advertisements may be targeted to users based on information provided while registering for an account, through use of the Site or the Services, through queries made through the Services or based other information. We do not control, endorse or adopt any Advertiser and Corporate Partner Content and we make no representation or warranties of any kind regarding the Advertiser and Corporate Partner Content. The types and extent of advertising by Voleo on the Site or in connection with the Services are subject to change. Voleo may use data and information received or generated through your use of the Services to identify other potential users of the Services, demonstrate the capabilities of the Services and/or pursue additional marketing and promotional activities.
You acknowledge and agree that any feedback, including but not limited to suggestions, comments, ideas or other information, provided by you in the form of email or other submissions (collectively, “Feedback”) to us is non-confidential and you hereby grant Voleo, its affiliates, subsidiaries, successors and assigns an irrevocable, worldwide, transferable, nonexclusive, royalty-free and fully sublicensable right to use such Feedback for any purpose without any compensation or attribution to you.
You agree, at your sole expense, to defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, legal proceedings, judgments, and any other legal claims, damage awards, or other compulsory payment or performance of any kind arising out of, resulting from, attributable to or in any way incidental to: (i) your use of the Site, the Services and/or the Site Materials; (ii) your conduct; (iii) your violation of these Terms; (iv) your violation of the rights of any third party; and (v) any User Content posted by you.
14. Disclaimer of Warranties
THE SITE, THE SERVICES, THE SITE MATERIALS AND ALL USER CONTENT, OTHER SUBMISSIONS AND OTHER MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE SITE, THE SERVICES AND THE SITE MATERIALS ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. VOLEO AND OUR LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. VOLEO AND OUR LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, COMPATIBILITY AND PERFORMANCE OF THE SITE, THE SERVICES, THE SITE MATERIALS AND THE USER CONTENT. VOLEO AND OUR LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR IN CONNECTION WITH THE SERVICES OR RECEIVED THROUGH ANY LINKS DISPLAYED ON THE SITE OR THROUGH THE SERVICES OR ANY USER CONTENT, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS DISPLAYED ON THE SITE OR THROUGH THE SERVICES OR ANY USER CONTENT.
YOU AGREE THAT YOUR USE OF THE SITE, THE SERVICES, THE SITE MATERIALS AND ALL USER CONTENT SHALL BE AT YOUR SOLE RISK.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AND/OR THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, AT YOUR OWN DISCRETION AND RISK. VOLEO DOES NOT WARRANT THAT THE SITE, THE SERVICES, THE SITE MATERIALS OR ANY USER CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT DATA WILL NOT BE LOST OR THAT THE SITE OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN SUCH EVENT, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. VOLEO DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SERVICES, THE SITE MATERIALS OR ANY USER CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST VOLEO, ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WITH RESPECT TO THE SITE, THE SERVICES, THE SITE MATERIALS AND THE USER CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
15. Limitation of Liability
VOLEO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS ASSUME NO LIABILITY OR RESPONSIBILITY FOR, AND IN NO EVENT, INCLUDING NEGLIGENCE, SHALL VOLEO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM, ANY:
• PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, THE SERVICES, THE SITE MATERIALS OR ANY USER CONTENT;
• UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
• INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
• BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, OR SITES LINKED TO BY THIS SITE, BY ANY THIRD PARTY; AND/OR
• ERRORS OR OMISSIONS IN ANY CONTENT MADE AVAILABLE BY VOLEO OR OUR USERS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VOLEO IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL VOLEO’S AGGREGATE LIABILITY EXCEED $100.00. THIS ALLOCATION OF RISK UNDER THESE TERMS IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS SHALL BE SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS SET FORTH IN THESE TERMS. THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
16. Copyright Infringement and Complaints
In accordance with the US Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, access to the Site and the Services for users who we have deemed, in our sole discretion, to be repeat infringers. We may also, at our sole discretion, limit and/or terminate access to the Site and the Services for any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Additionally, we reserve the right to limit access to the Site and the Services for any users for reasons of our own discretion, that we are not obligated to reveal, at any time.
If you believe that anything on our site infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.
E-Mail Address of Designated Agent: [email protected]
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including but not limited to costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
18. Consent to Electronic Communications
By accessing the Site and/or using the Services, you consent to receiving electronic communications from us. Such communications may include notices about your account and information concerning or relating to the Services. You agree that any electronic notices, agreements, disclosures or other communications will satisfy any legal communication requirements, including any requirements that such communications be in writing.
19. Applicable Law and Venue
These Terms and your use of the Site and/or the Services will be governed by and construed in accordance with the laws of the Province of British Columbia, applicable to agreements made and to be entirely performed within the Province of British Columbia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms or your use of the Site and/or the Services will be filed only in the Province of British Columbia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms and/or your use of the Site and/or the Services.
20. Entire Agreement
These Terms, including all Policies, constitute the entire agreement between Voleo and you concerning the Site and the Services. These Terms supersede any and all prior agreements or communications between Voleo and you concerning the subject matter of these Terms.
Questions & Contact Information
Questions, comments and any other correspondence regarding our site may be directed to us at the email address [email protected]
Last Updated: December 1, 2016