Terms of Service
Updated February 26, 2018
The online services provided by Open Invest Co. (“OpenInvest”) will, among other things: Allow an open community of users to share information about investing (the “Content Services”), Provide tools to help you allocate your portfolio, Provide recommendations of brokers and securities (the “Recommendations”) Provide discretionary investment management services in the form of an automated asset manager (the “paid service”).
We refer to these services collectively as the “Services.” The Services are provided to you subject to these terms of service, as well as any other guidelines, rules and additional terms referenced herein, and all such guidelines, terms and rules are hereby incorporated herein by this reference (collectively, the “Terms of Service”).
By accessing the OpenInvest website located at www.openinvestco.com, or any linked pages owned and operated by us (the “Sites”), or using the Services, whether on our Sites or on our partners’ websites through which we have hosted or otherwise made accessible the Services (the “Partner Sites”), you agree to be bound by these Terms of Service. These Terms of Service set out the legally binding terms with respect to your use of, and our provision of, the Services. Please read these Terms of Service carefully.
YOUR USE OF THE SITES OR SERVICES CONSTITUTES YOUR ACCEPTANCE OF ALL OF THE PROVISIONS OF THESE TERMS OF SERVICE. IF YOU ARE UNWILLING TO BE BOUND BY THESE TERMS OF SERVICE, DO NOT USE THE SITES OR ANY SERVICE.
You must be 18 or older, or of the legal age in your jurisdiction to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register as a user of the Sites or to use the Services. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms of Service. If you do not qualify, do not use the Services. Registration for the Sites is void where prohibited by applicable law and the right to access the Sites is revoked in such jurisdictions. You must be 13 or older to use the Sites, in compliance with the Children’s Online Privacy Protection Act (COPPA). By using the Sites or Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. The Sites are administered in the United States and intended for U.S. users; any use outside of the U.S. is at the user’s own risk and users are responsible for compliance with any local laws applicable to their use of the Sites or Services.
Changes to the Agreement or the Sites and Services
You agree and understand that these Terms of Service and the Sites and Services may be modified by us at any time without prior notice, and such modifications will be effective upon our posting of the new terms and/or upon implementation of the new changes in the Sites or Services. You agree to review the Terms of Service periodically so that you are aware of any modifications. YOUR CONTINUED USE OF THE SITES OR SERVICES AFTER ANY MODIFICATIONS INDICATES YOUR ACCEPTANCE OF THE MODIFIED TERMS OF SERVICE. Unless we expressly state otherwise, any new features, new services, enhancements or modifications to the Sites or Services implemented after your initial access thereto shall be subject to these Terms of Service.
Registration and Security
In order to use and/or access certain Services, you may be required to register with the Sites and to select a password and a user name which shall be associated with an email address which you own and use (“User ID”). You may also be asked to answer some questions about yourself. You agree that the information you provide to us upon registration and at all other times, including any questionnaire you may submit to us in connection with our Portfolio Services and information you provide to us through the Partner Sites, shall be true, accurate, current and complete, and that you will promptly update such information with any changes. Failure to do so shall constitute a breach of these Terms of Service, which may result in the immediate termination of your user account. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. We reserve the right to refuse registration of, or cancel, a User ID in our sole discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the Services shall be for your personal use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password and (b) ensure that you log out of your account when you wish to de-authenticate from each session. If you violate any of these Terms of Service, we may, at our sole discretion, terminate your registration, remove or modify any content that you have contributed, or take any other action that we determine to be appropriate.
Use of the Site/Services by Members
Subject to the restrictions on use and posting set forth in these Terms of Service, you may use the Content Services to create, contribute, search, consume, and share information about investing, and encourage others to do the same; send content to people you know, whether or not they are existing users of the Content Services; invite people you know to join the Content Services; and download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available through the Content Services (“Content”), and other items displayed on OpenInvest, solely for your own personal, non-commercial use. The term “Content” does not include the Offers, Recommendations or information provided in connection with the Recommendations. Subject to the section captioned “Certain Third Party Content” below, you may not copy or distribute any portion of OpenInvest for any purpose not authorized above without the express written permission of OpenInvest.
We do not control the Content posted by third parties on OpenInvest (“Third Party Content”) and do not guarantee the accuracy, integrity or quality of such Third Party Content. You understand that by using the Content Services you may be exposed to Third Party Content that is false, misleading, fraudulent, offensive, indecent and/or objectionable. Under no circumstances will we be liable in any way for any Third Party Content, including any errors or omissions in any Third Party Content, or any loss or damage of any kind incurred as a result of your use of any Third Party Content. You are responsible for complying with all laws applicable to the Content you submit to OpenInvest.
YOUR USE OF THIRD PARTY CONTENT IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY CONTENT (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY CONTENT).
You should not, and you agree you will not, construe, treat or rely on Content as (i) advice from OpenInvest or its affiliates as to the value of securities, the selection of an investment adviser or the advisability of investing in, purchasing or selling securities or (ii) analyses or reports from OpenInvest or its affiliates concerning securities. Any Content posted by us on OpenInvest has been posted in order to generate community discussion of such Content. We make no representations, warranties or guarantees whatsoever as to the accuracy, integrity or quality of such Content and under no circumstances will OpenInvest be liable in any way for any Content posted by us, including any errors or omissions in any such Content, or any loss or damage of any kind incurred as a result of your use of any such Content. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.
We will notify you when we provide you with any investment advisory services. Except in these instances, you agree and acknowledge that we are neither your investment advisor nor your fiduciary. You should not rely solely on any Content when making investment decisions.
OpenInvest is an organic website that grows because of the Content contributed by its community. OpenInvest users are encouraged to contribute Content. When you contribute Content to the Sites, you agree to do so on the following terms:
You are solely responsible for any Content and other material that you submit to, or publish or display on, the Sites or transmit to other users (“Contributed Content”).
You may not submit any Contributed Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party or that is subject to any restrictions, or imposes any obligations, on the use or further distribution thereof.
You may not provide any Contributed Content that falsely expresses or implies that such Content or material is sponsored or endorsed by us.
You may not provide any Contributed Content that is unlawful or that promotes or encourages illegal activity. You understand and agree that we may review and/or delete any Contributed Content that in our sole judgment violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users of the Sites.
You agree that you will only provide Contributed Content that you believe to be true, and you will not purposely provide any false or misleading information.
By posting Contributed Content on the Sites, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, us a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty- free, fully paid-up, transferable license, with the right to sublicense, to use, copy, publicly perform, digitally perform, publicly display and distribute such Contributed Content, and to sell, modify, create derivative works from and/or to incorporate such Contributed Content into other works in any form, medium or technology, whether now known or hereafter developed, in each case, without compensation to you. You agree to waive any moral rights that you may have to your Contributed Content. You represent and warrant that none of your Contributed Content is subject to a confidentiality obligation.
The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through the Sites. We reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Sites and terminating the membership of such violators or blocking your use of the Sites. You may not post Content that:
is false or intentionally misleading;
is patently offensive to users, such as Content or messages that promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person or includes personal information about another person, such as their address, email address or telephone number;
involves the transmission of unsolicited mass mailing (i.e. “spamming”) or other forms of solicitation (including, but not limited to, advertising, promotional materials, chain letters and/or pyramid schemes);
violates the intellectual property or other rights of any person (including rights arising under contractual or fiduciary obligations);
promotes illegal activities or conduct that is abusive;
violates any applicable law or regulation, including, without limitation, the rules and regulations of the U.S. Securities and Exchange Commission and/or the national or other securities exchanges (especially and including the rules against making false or misleading statements with the intent to manipulate the price of any security);
offers to sell or buy any security (including as such terms are used in the Securities Act of 1933, as amended, the rules and regulations thereunder, and the other U.S. securities laws), including any shares or other interest in an investment company, a hedge fund, a private equity fund or any other collective investment vehicle (a “Fund”);
refers, explicitly or implicitly, to any Fund that is (or the interests in which are) managed, advised, sponsored, underwritten, placed, offered or sold by you or your affiliate.
is threatening, obscene, defamatory or libelous;
is pornographic or sexually explicit in nature; and/or
seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
OpenInvest also provides discretionary investment management through the paid service. The paid service includes the following features:
Automated portfolio management of allocations selected by customer
Managed automatic rebalancing of your portfolio
Periodic account review For a full description of the paid program, its methodology and applicable fees see our ADV.
OpenInvest does not provide tax advice. When you enroll in the paid service, you agree that we will allocate your assets to your selected investment objective(s). In determining the appropriate portfolio options to make available to you, we take into consideration your risk tolerance, age, expected date of retirement, savings, and income level based on the information that you, the user, has provided to us. The paid service’s investment objectives are based solely on the information that you disclose to us and portfolio objectives prepared through the Content Services. We do not verify that the information that you provide to us is accurate. Please note that rebalancing transactions and initial purchases to align your account with your selected investment objectives may result in fees. For example, there may be additional transaction fees, redemption fees, loads, capital gains and other fees associated with the rebalanced portfolio. You may want to consult a tax professional to review the proposed portfolio(s) selected for the paid service.
All securities and investments are offered by Trader, Brokerage, which is the introducing correspondent broker dealer and member FINRA/SIPC.
Restrictions on Rights to Use
You agree that, subject to the section captioned “Certain Third Party Content” below, without our express written consent, you shall not (and you agree not to allow any third party to):
modify, adapt, translate or reverse engineer any portion of the Sites;
remove any copyright, trademark or other proprietary rights notices contained in or on the Sites or in or on any Contributed Content or other material obtained via the Services;
except for tools provided through the Sites, use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve or index any portion of the Sites;
access, retrieve or index any portion of the Sites for purposes of constructing or populating a searchable database of information;
collect or store personal data or any other information about other users or members of the Sites (including usernames and/or email addresses) in connection with the prohibited activities described in this section, or for any other purpose other than for your own personal, non-commercial use;
reformat, frame or place pop-up windows over any portion of a Site, or otherwise affect the way that any Site is displayed;
create user accounts by automated means or under false or fraudulent pretenses;
impersonate any person or entity, including, but not limited to, any employee or officer of OpenInvest, or falsely state or otherwise misrepresent your affiliation with a person or entity;
create or transmit unwanted electronic communications such as “spam” to other users or members of the Services or otherwise interfere with other users’ or members’ enjoyment of the Services;
transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
forge headers or manipulate identifiers or other data in order to disguise the origin of any Content transmitted through the Sites or to manipulate your presence on the Sites;
use the Sites or Services to violate the security of any computer network, crack passwords or security encryption codes, or transfer or store illegal material, including material deemed threatening or obscene;
copy or store any Content offered on OpenInvest for other than your own personal use;
use any device, software or routine that interferes with the proper working of the Sites or Services or otherwise attempt to interfere with the proper working of the Sites or Services;
take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Sites or Services, use of the Services, or access to the Services;
solicit any user for any investment or other commercial or promotional transaction;
use the Sites or Services, intentionally or unintentionally, to violate any applicable local, state, national or international law.
Unauthorized access to the Sites or Services is a breach of these Terms of Service and a violation of law. You agree not to access the Sites or Services by any means other than through the interfaces that we or our partners provide to you for accessing the Sites and Services. We may at any time, without prior notice and in our sole discretion, remove any post, terminate the membership of, or take any other appropriate action against any person who violates the Terms of Service. Illegal or unauthorized uses of the Sites or Services will be investigated and subject to appropriate legal action, including, without limitation, civil, criminal and/or injunctive redress.
Account Information from Third Party Sites
In order to use and/or access certain Services, you may be required to direct OpenInvest to retrieve your own information maintained online by third party financial institutions with which you have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). We will then connect directly with your online financial service providers to access this Account Information. Subject to our privacy procedures as described in these Terms of Service, OpenInvest may also work with one or more third party financial service technology providers to access and retrieve your Account Information.
For users that are also non-paid service users, we make no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. See below for full detail on how your Account Information will be utilized through the paid service. We are not responsible for the products and services offered by or on third-party sites, including the sites of other Advisers that may be mentioned. We 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. We cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, Account Information may be stale as of the time viewed, which reflects the fact that time may have passed between the time the information is downloaded from the third party financial institution and the time such information is viewed by you. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Portfolio Services in the manner prescribed in the associated instructions.
By submitting information, data, passwords, usernames, PINs, other login information, materials and other content through the Sites, you are licensing that content to us solely for the purpose of providing services. We may use and store the content. By submitting this content to us, you represent that you are entitled to submit it to us for use for this purpose, without any obligation by us to pay any fees or other limitations.
We will use information that you provide us, including usernames and passwords, to log into the third party site that maintains your Account Information. You hereby authorize and permit us to use and store such information to accomplish the foregoing and to configure the services so that they are compatible with the third party sites that maintain your Account Information. You grant OpenInvest a limited power of attorney, and appoint OpenInvest as your attorney-in-fact and agent, to access third party sites and retrieve and use your information with the full power and authority to do and perform each thing necessary as you could do in person, but solely in connection with providing the Account Information to you as part of the Services.
YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY.
Notwithstanding anything in this Terms of Service to the contrary, we shall have no authority to take or have possession of any assets in the accounts maintained by such third parties or to direct delivery of any securities or payment of any funds held in such account to itself or to direct any disposition of such securities or funds. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. While our services may be sponsored or endorsed by the third parties with whom your Account Information is held from time to time, you should not assume that the Portfolio Services are sponsored or endorsed by any third parties with whom your Account Information is held.
We may provide automatic alerts and voluntary account-related alerts from time to time. Automatic alerts may be sent to you following certain events of interest, such as changes made online to your OpenInvest or Partner Site account (e.g., a change in your password) or events or movements in your portfolio.
Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. We may add new alerts from time to time, or cease to provide certain alerts at any time in our sole discretion. Electronic alerts for a given account will be sent to the email address you have provided as your primary email address for that account. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. Changes to your email address or mobile number will apply to all of your alerts. Because alerts are not encrypted, we will never include your password. However, alerts may include your User ID and some information about your accounts. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future voluntary alerts.
You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. We use reasonable best efforts to provide alerts in a timely manner with accurate information. However, except as otherwise provided herein, we neither guarantee the delivery nor the accuracy of the content of any alert. Furthermore, except as otherwise provided herein, you also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.