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Effective as of: July 1, 2020
These Terms of Service (“TOS”) are made by and between UnifyImpact Investment Strategies, LLC, a Connecticut limited liability company (“UnifyImpact,” “we,” “us,” or “our”), and you, the user (you, your, or user). BY CLICKING THE “I AGREE” BUTTON OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF OUR MOBILE APPLICATION, WEBSITE (UNIFYIMPACT.COM), OR ANY OTHER UNIFYIMPACT SERVICES OR CONTENT (COLLECTIVELY, THE “PLATFORM”), YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TOS IN THEIR ENTIRETY. THE MOST CURRENT VERSION OF THESE TOS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO https://unifyimpact.wpengine.com/tos, AND UNIFYIMPACT RESERVES THE RIGHT TO CHANGE THE TOS AT ANY TIME AND WITHOUT NOTICE TO YOU (other than posting the changes at the aforementioned web address).
In addition, when using the Platform, you shall be subject to any posted policies, guidelines, or rules applicable thereto. All such policies, guidelines, and rules are hereby incorporated by reference into the TOS. You further agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TOS, DO NOT ACCESS OR USE ANY PART OF THE PLATFORM.
UnifyImpact makes available a collection of resources to its registered and non-registered users located on or through the Platform. Registered users can create Content (as defined by Section 4 below), select favorites, edit, rate, analyze, comment, and read other people’s Content.
THE PLATFORM IS PROVIDED “AS IS,” AND UNIFYIMPACT ASSUMES NO RESPONSIBILITY FOR TIMELINESS, NON-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, WRITING, IMAGE, OR PERSONALIZATION SETTINGS. ADDITIONALLY, UNIFYIMPACT PROVIDES INFORMATION WITHOUT WARRANTY OF ANY KIND AND AS SUCH, THE WE ARE NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, OR RELIABILITY OF THE INFORMATION.
Unless explicitly stated otherwise, any new features which augment or enhance the Platform, including without limitation the release of new UnifyImpact services, are subject to the then-current TOS.
All users must abide by the TOS. If a user fails to follow any of the guidelines and/or rules of behavior, UnifyImpact can discontinue their ability to use the Platform or any portion thereof, at any time. In addition, we have the right to delete any piece of Content and provide comments on any topic or profile we find objectionable in our reasonable discretion.
You may only use the Platform for purposes expressly permitted by the TOS. As a condition of your use of the Platform, you represent and warrant to UnifyImpact that you will not use the Platform and any service for any purpose that is unlawful, offensive, and/or prohibited by this TOS.
You alone are totally responsible for any activity that takes place on the Platform under your name and password. If you become aware of any unauthorized use of your username and/or password, it is your responsibility to notify UnifyImpact immediately. It is up to you to maintain the confidentiality of your password and username at all times.
You understand that you may receive business-related communications from UnifyImpact such as Platform announcements and account administrative notices and you agree that these communications are not “unsolicited commercial email advertisements” and thus, subject to all applicable laws, you agree to receive them, and you may not be able to opt-out of receiving some of these communications.
YOU MUST BE AT LEAST 16 YEARS OF AGE TO ACCESS AND VIEW THE PLATFORM. IF YOU ARE 16 YEARS OR YOUNGER, DO NOT USE THIS SERVICE FOR ANY PURPOSE AS IT IS NOT INTENDED FOR USE BY CHILDREN.
WHILE UNIFYIMPACT EXPLICITLY PROHIBITS THE ABOVE CONDUCT YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE PLATFORM ENTIRELY AT YOUR OWN RISK, AND THAT UNIFYIMPACT SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT AS CARRIED OUT BY ANY THIRD PARTY AT ANY TIME UNLESS EXPRESSLY SET FORTH TO THE CONTRARY BY UNIFYIMPACT IN WRITING.
YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, UNIFYIMPACT CAN TERMINATE YOUR USE OF THE PLATFORM IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF OR A HEARING.
As a registered user, you will be able to access, upload and post a great variety of materials and information, which may include, but is not limited to text, audio, analysis, video, photographs, graphics, and other materials, whether from UnifyImpact members or third party data providers (“Content”). This means that you have sole responsibility, not UnifyImpact, for all of the Content that you access upload post, email, transmit or otherwise make available through the Platform, and to make sure that you are in compliance with the rules of behavior set forth herein relating to such Content. Any Content that you write, post, upload, or link to on the Platform is entirely your responsibility.
UNIFYIMPACT SHALL HAVE NO LIABILITY OF ANY KIND WITH RESPECT TO ANY CONTENT POSTED BY YOU, OTHER USERS OF THE PLATFORM, OR ANY THIRD-PARTY DATA PROVIDER. YOU AGREE THAT YOU MUST ASSESS AND BEAR ALL RISKS ASSOCIATED WITH YOUR USE OF ANY CONTENT. IN THIS REGARD, YOU MAY NOT RELY ON ANY CONTENT CREATED BY OTHER UNIFYIMPACT MEMBERS OR OTHERWISE CREATED, DISTRIBUTED AND DISPLAYED ON ANY PART OF THE PLATFORM. UNIFYIMPACT DOES NOT CONTROL OR MONITOR ALL OF THE CONTENT POSTED AND/OR DISPLAYED THE PLATFORM AND, AS SUCH, DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH CONTENT.
You hereby grant to UnifyImpact a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Content or other information communicated by you through the Platform, and to incorporate any Content, in whole or in part, in other works in any form, media, or technology now known or later developed. You agree that UnifyImpact will not be bound to treat any Content as confidential and may use any Content in its business (including without limitation, for products, services, marketing, and/or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future UnifyImpact operations or businesses. Unless you make it clear that specific Content you post cannot be copied or used by any other users of the Platform, you agree that by posting Content you own on the Platform, all other users can reproduce and use such Content in connection with the Platform, subject to all applicable laws.
UNIFYIMPACT SHALL HAVE NO RESPONSIBILITY FOR ENFORCING ANY RIGHTS YOU MAY CLAIM IN ANY CONTENT, WHICH SHALL BE YOUR RESPONSIBILITY ENTIRELY, AND YOU AGREE TO HOLD HARMLESS, DEFEND, AND INDEMNIFY UNIFYIMPACT WITH RESPECT TO ANY CLAIM YOU HAVE THAT OTHER USERS ARE REPRODUCING OR USING YOUR CONTENT AS WELL AS FOR CLAIMS BY OTHER USERS THAT YOU ARE REPRODUCING OR USING THEIR CONTENT WITHOUT PERMISSION. UNIFYIMPACT WILL NOT ARBITRATE, MEDIATE OR RESOLVE ANY INTELLECTUAL PROPERTY OR OTHER DISPUTES BETWEEN USERS, AND HAS NO RESPONSIBILITY FOR DOING SAME OTHER THAN AS MAY BE SPECIFICALLY REQUIRED BY LAW.
You acknowledge that UnifyImpact may or may not pre-screen Content but that UnifyImpact and its designees shall have the right, but not the obligation, in its sole discretion to pre-screen, refuse, move, edit, and/or delete any Content that violates these TOS and/or is otherwise objectionable as determined by UnifyImpact in its sole discretion.
UnifyImpact may preserve and store your account information and Content if it believes in good faith that such preservation is necessary to comply with legal or regulatory processes, respond to claims that the Content violates the rights of third parties, and/or to protect the rights, property or personal safety of UnifyImpact, its users and the public.
The Platform may include, or third parties (including other users and/or third-party data providers) may provide links to other websites or resources, which are not maintained by or related to UnifyImpact and/or the Platform. Links to such sites are provided as a service to our users and are not sponsored by, endorsed, or otherwise affiliated with UnifyImpact. UnifyImpact has no control over these sites and their content and makes no representations or warranties about the content, completeness, quality, or accuracy of the links, materials, or information contained on any such website.
THEREFORE, YOU ACKNOWLEDGE AND AGREE THAT UNIFYIMPACT IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH LINKS, RESOURCES, AND CONTENT AND DOES NOT ENDORSE, AND IS NOT RESPONSIBLE OR LIABLE FOR, ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS MADE AVAILABLE ON OR FROM THESE LINKED WEBSITES. YOU ALSO ACKNOWLEDGE AND AGREE THAT UNIFYIMPACT IS NOT RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED BY OR ALLEGED TO HAVE BEEN CAUSED BY, OR IN RELATION TO, THE USE OF ANY CONTENT, GOODS OR SERVICES OFFERED THROUGH THESE LINKS OR ANY FAILURES AND/OR DISRUPTION TO YOUR COMPUTER SYSTEM THAT RESULTS FROM YOUR USE OF ANY SUCH LINKS, OR FOR ANY INTELLECTUAL PROPERTY OR OTHER THIRD PARTY CLAIMS RELATING TO YOUR POSTING OR USING SUCH LINKS. YOU AGREE THAT IF UNIFYIMPACT REQUESTS YOU TO DISABLE ANY LINK YOU HAVE POSTED, AND YOU FAIL TO DO SO WITHIN 24 HOURS AFTER RECEIVING SUCH REQUEST, UNIFYIMPACT HAS THE RIGHT TO DISABLE THE LINK WITHOUT ANY FURTHER NOTICE TO YOU.
You will indemnify and hold harmless UnifyImpact and its officers, directors, agents, partners, employees, licensors, data providers, distributors, and representatives (the “Indemnified Parties”), from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to: (a) your breach of these TOS or any other UnifyImpact policy; (b) your use of the Platform (including Content); (c) your violation of any third-party’s rights; (d) any third-party actions related to your receipt and use of the Content, third-party Content, or other such information obtained on or through the Platform, whether authorized or unauthorized under this TOS; (e) your acts, errors, misrepresentations, or omissions related to your use of the Platform; and/or (f) your violation of any applicable law, rule, or regulation. You agree that 6(a)-(f) also applies to anyone acting on your behalf.
The Platform is for your personal and non-commercial use unless otherwise specified. You may not use the Platform or any information contained therein (including Content) for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of UnifyImpact in each instance. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell, or otherwise infringe on any intellectual property rights related to any information, Content, software, products or services obtained from or otherwise connected to the Platform.
UnifyImpact reserves the right to modify or discontinue (temporarily or permanently) the Platform (or any part thereof) with or without notice, at any time, and/or from time to time. You agree that UnifyImpact will not be liable to you or any third party for the consequences of any modification, suspension or discontinuance of the Platform (or any part thereof).
In order to use the Platform, you are required to register. We refer to registered users as “members.” Registered users are subject to the following specific terms in addition to all of the other terms in this TOS:
YOU MAY NOT USE THE PLATFORM: (a) FOR PROFESSIONAL ADVISORY SERVICES (INCLUDING BUT NOT LIMITED TO, FINANCIAL ADVISORY SERVICES, ASSET MANAGEMENT SERVICES, INVESTMENT ADVISORY SERVICES, OR THE LIKE); (b) IF YOU ARE AN EXECUTIVE OF A PUBLICLY TRADED COMPANY (WHETHER U.S. OR ELSEWHERE); AND/OR (c) IF YOU ARE A HOLDER OF 10% OR MORE OF ANY PUBLICLY TRADED COMPANY (WHETHER IN THE U.S. OR ELSEWHERE). IF YOU SHARE ANY INFORMATION FROM THE PLATFORM WITH YOUR PROFESSIONAL ADVISORS, YOU WILL BE RESPONSIBLE FOR ANY BREACH BY ANY OF YOUR PROFESSIONAL ADVISORS OF ANY OBLIGATION IN THESE TOS AND ACKNOWLEDGE THAT UNIFYIMPACT HAS THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT AND REFUSE YOUR CURRENT OR FUTURE USE OF THE PLATFORM (OR ANY PORTION THEREOF). YOU WILL PROMPTLY NOTIFY US IF YOU OR AN IMMEDIATE FAMILY MEMBER VIOLATE THIS PROVISION.
You acknowledge that UnifyImpact may establish general practices and limits regarding the use of the Platform including, without limitation, the maximum number of companies on your feed, posts, tweets, or communications which may be sent or received from an account of the Platform, the maximum size of any posts, tweets, or communications that may be sent from or received by an account of the Platform, the maximum amount of disk space that will be allotted on UnifyImpact’s servers on your behalf, and the maximum number of times and duration for which you may access the Platform in a given time. You agree that UnifyImpact has no responsibility or liability for the deletion or failure to store or transmit any posts, tweets, messages, or communications or other content maintained or transmitted by the Platform. You acknowledge and agree that UnifyImpact reserves the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You further acknowledge that UnifyImpact has the right to modify these practices and limits from time to time.
You acknowledge and agree that the Platform and any necessary software used in connection with the Platform (“Software”) contain proprietary and confidential information that is the property of UnifyImpact and its licensors and is protected by applicable intellectual property and other laws. No rights or title of to any of the Software used in connection with the Platform is provided, transferred, or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through the Platform or advertisers (if any) is protected by copyright, trademarks, service marks, patent, privacy, and/or other proprietary rights and laws. Except as expressly authorized by UnifyImpact or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Platform or Software, in whole or in part, at any time. You also acknowledge UnifyImpact’s exclusive rights in the UnifyImpact trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing on the Platform are the property of UnifyImpact or the party that provided such intellectual property to UnifyImpact. UnifyImpact and any party that provides intellectual property to UnifyImpact retain all rights with respect to any of their respective intellectual property appearing on the Platform, and no rights in such materials are transferred or assigned to you, in whole or in part, at any time.
You may not use or authorize any party to co-brand or frame the Platform without the express prior written permission of an authorized representative of UnifyImpact, as applicable, in each instance. For purposes of this TOS, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute, in whole or in part, and/or any content accessible within the Platform. For purposes of this TOS, “framing” refers to displaying any UnifyImpact webpage or mobile application page within a bordered area of another website or mobile application, regardless of whether the address of the originating Platform component is visible. You further agree to cease any unauthorized co-branding or framing immediately upon notice from UnifyImpact.
The use of the Platform is at your sole risk. The Platform (or any part thereof) is provided on an “as is” and “as available” basis. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNIFYIMPACT AND ITS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. UNIFYIMPACT MAKES NO WARRANTY THAT: (1) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (2) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE PLATFORM AND THE CONTENT WITHIN WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, CONTENT, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE (OR SOMEONE’S USE ON YOUR BEHALF) OF THE PLATFORM WILL MEET YOUR EXPECTATIONS, OR (5) THAT THE CONTENT AND/OR SOFTWARE WILL BE ERROR-FREE AND/OR ANY ERRORS IN THE CONTENT AND/OR SOFTWARE WILL BE CORRECTED.
No advice or information, whether oral or written, obtained by you from UnifyImpact or through or from the Platform shall create a warranty not expressly stated in this TOS.
UNIFYIMPACT, INCLUDING ANY OF ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN, AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES RELATED TO OR RESULTING FROM: (1) YOUR USE OF OR THE INABILITY TO USE THE PLATFORM (INCLUDING SOFTWARE) OR CONTENT; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED, THROUGH OR FROM THE PLATFORM; (3) ACCESS TO OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS OR DATA DUE TO YOUR CONDUCT, INACTION OR NEGLIGENCE; OR (4) ANY OTHER MATTER RELATING TO THE PLATFORM.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF UNIFYIMPACT AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU HAVE PAID TO UNIFYIMPACT TO USE THE PLATFORM OUT OF WHICH SUCH LIABILITY FIRST AROSE. ALL CLAIMS MUST BE MADE WITHIN ONE YEAR OF THE APPLICABLE ACTIVITY OR FOREVER BE BARRED.
If you receive or request any news, messages, or other information from the Platform concerning stock quotes, companies, investments, or securities, remember that the Platform is not provided for financial, legal, tax or investment advice or recommendations, and no Content included or information made available by the Platform is intended for trading or investing purposes. UnifyImpact and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Platform, and shall not be responsible or liable for any trading or investment analyses, decisions or actions made by you or any users based on such information or Content.
Our subscription (unless otherwise noted or agreed to in writing) is a monthly subscription and is priced and billed in USD. The subscription must be paid in advance of the applicable service and billing period. We will notify you in advance of any changes to your current plan. Payment can be made by credit card (subject to the section immediately below) or ACH, bank wire, or check. You are responsible for paying any sales, use, or other taxes related to the fees for the Platform though we may be required to collect sales tax in some jurisdictions.
For credit card transactions, we will automatically debit your account upon subscribing and providing your payment information unless otherwise agreed in writing. We may also participate in programs supported by your card provider (e.g., updater services and recurring billing programs) to update your payment information and collect past due amounts, and you authorize us to continue billing your account with the updated card information.
If your payment information is not valid as provided or your account becomes past due, we have the right to suspend your account and terminate your use of the Platform until the payment information is updated. Unpaid amounts are subject to a finance charge of 5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection.
It is our policy to release a user’s personal identifying information and any other information when we reasonably believe such disclosure is appropriate to comply with applicable law, to enforce any of our contracts or agreements, and/or to protect the rights, property or safety of our users and customers, in response to a governmental authority request or legal process, or for purposes of fraud protection and/or any other legitimate legal or business purpose now or hereafter existing.
Any dispute, controversy or claim arising out of or related in any manner to these TOS or the Platform (or any part thereof), which cannot be amicably resolved by the parties shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one (1) arbitrators sitting in Fairfield County, Connecticut. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of Connecticut. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the parties. The arbitrator shall be empowered to award money damages, subject to the limitations set forth in Section 15 of this TOS, but shall not be empowered to award direct, indirect, incidental, special, or consequential damages or specific performance. Each party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to these TOS and the Platform. Notwithstanding the foregoing, any action seeking injunctive relief shall be submitted to the courts and shall not be subject to this provision.
UnifyImpact respects the intellectual property of others, and we request our users do the same. In certain circumstances and at its discretion, UnifyImpact may, but is not obligated to disable, suspend, and terminate the accounts of members who may be infringing on the rights of others. If you believe that your Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact UnifyImpact as soon as practically possible at email@example.com with the following information:
The failure of UnifyImpact to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of the TOS by UnifyImpact must be in writing and signed by an authorized representative of UnifyImpact to be effective.
If any portion of these TOS is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, such portion will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
The section titles in these TOS are for convenience only and have no legal or contractual effect.
Nothing contained in these TOS shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it is intended by both parties that each is and shall remain independent contractors (to the extent applicable), and therefore, responsible for its own actions.
If you have any questions regarding the TOS, please contact us at firstname.lastname@example.org.
We dislike more email too, but we promise it will not be very often. We will only send you relevant information and app updates.