Terms of Use
PLEASE READ FULLY
The information and services delivered by Genovest through genovest.com is provided for informational and educational purposes only,
and nothing contained herein should be construed as investment advice, either on behalf of a particular security or
an overall investment strategy. By using genovest.com, you confirm that you are 13 years of age or older, you agree
to be bound by all of the terms in this Terms of Use document and you are agreeing that you bear responsibility for
your own investment research and investment decisions.
Please keep a copy of this Agreement. Genovest may change the terms in the Terms of Use at any time and such changes
will be binding on all parties. You should review the Terms of Use each time you access genovest.com.
COPYRIGHT AND LIMITATIONS ON USE
Content provided through genovest.com and all items displayed on the site, is the property of Genovest or its data
provider through strict licensure agreements and is protected by copyright and other intellectual property laws.
Any genovest.com provided content may be printed, displayed or reformatted for your personal and limited, authorized
commercial use only. Reselling of any data or content from genovest.com is strictly prohibited. You are not authorized
distribute, reproduce, disseminate, sell, publish, retransmit, or broadcast the content received through genovest.com
without the express prior written consent of Genovest. Additionally, you are not authorized to use any automated means,
including without limitation, agents, robots, scripts, or spiders to access, monitor, copy or harvest any data from any
part of our site. On an infrequent and intermittent basis, you may distribute minor portions of content from genovest.com
to a small number of individuals, provided you include all copyright and other proprietary rights and notices in the same
form as published on genovest.com and include the notice "Used with permission from Genovest." In this regard, you may
not distribute any content from genovest.com to any newsgroup, mailing lists or commercial enterprise, without the
prior written consent of Genovest.
From time to time, Genovest may contact you with updates to its service offerings via email. By using genovest.com, you
authorize Genovest to contact you with such offerings. Genovest may include on genovest.com recommendations, observations,
details and opinions from individuals and organizations which Genovest deems insightful. Genovest and its data providers
do not endorse or make any claim to the accuracy, completeness or timeliness of these recommendations, observations,
details and opinions nor give any tax or investment advice, or promote the purchase or sale of any security or investment.
By using the Genovest.com website, you agree to Genovest's Terms of Use and Privacy Policy.
SUBSCRIPTION/FEES
Each subscriber is defined as a single individual with an active user name and password. Subscription fees for paid
content are paid at the beginning of service and recur on a monthly basis. Genovest reserves the right to increase
the Subscription Fee at any time after 30-day notice is given to Subscriber. Each individual user must have their
own login credentials and individual subscription. Subscriber agrees that only one user will log in and use the
Subscription and will not share their login credentials with other users. Sharing user name and password is considered
a breach of this agreement as is data scraping, or any automated extraction of data.
Subscriber agrees to pay the Subscription Fee as selected on the genovest.com Sign-Up page. Subscriber authorizes
Genovest to charge the credit card provided in their user account on their Account page at the beginning of their
Subscription Term and to automatically charge the applicable credit card on a monthly basis as renewal dates arise.
Charges will continue until such time as Subscriber either changes their Subscription Level, at which time the
Subscriber will be charged the new Subscription Fee, or terminates their Subscription. Future charges may include
any applicable Subscription Fee increases.
SUBSCRIBER TERM/TERMINATION
The Term of each paid Subscription is one month. Following the initial term, this Agreement shall auto-renew on a
monthly basis until terminated. Subscriber has the right to change or terminate their Subscription level at any time.
If Subscription is changed or terminated, no refund or proration will be given by Genovest and it is at the Subscriber's
sole discretion as to the timing of the Subscription change or termination.
Genovest reserves the right to terminate this Agreement or suspend service without notice or refund of Subscription Fees
and without liability in the event that: (a) Subscriber fails to pay any amount due to Genovest or charges back through
the applicable credit card company any amounts billed, (b) any Content that is necessary for Genovest to perform its
obligations is suspended or terminated, (c) Subscriber shares login credentials with other users, and/or (d) in the
event of any conduct by Subscriber which Genovest, in its sole discretion, considers to be unacceptable, or in the
event of any breach by Subscriber of this Agreement. Genovest may discontinue or modify any of our subscription
products at any time.
If Subscription is terminated all Subscriber saved application content may be deleted.
DISCLAIMER OR WARRANTIES AND LIABILITY
All information contained within genovest.com is obtained from sources believed by Genovest to be accurate and
reliable. However, due to the number of sources from which content on genovest.com is obtained, and the inherent
hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content provided by
genovest.com. Additionally, data may contain interpolated data where data points missing from one or more of our
data providers is filled with data from previous entries or entered as zero. For a breakdown of our interpolated
data scheme and logic, please send an email request to contact@genovest.com.
ALL INFORMATION, INCLUDING BUT NOT LIMITED TO FINANCIAL CONTENT, IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
GENOVEST AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS,
NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH GENOVEST.COM,
OR GENOVEST.COM ITSELF. NEITHER GENOVEST NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR
ANYONE ELSE FOR ANY LOSS OR INJURY, RESULTING DIRECTLY FROM USE OF GENOVEST.COM, CAUSED IN WHOLE OR PART BY ITS
NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING
GENOVEST.COM AND ANY CONTENT THROUGH GENOVEST.COM. IN NO EVENT WILL GENOVEST, ITS AFFILIATES, DATA PROVIDERS,
AGENTS OR LICENSORS BE LIABLE TO ANY USER (AND/OR ANY THIRD PARTY) OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION
TAKEN IN RELIANCE ON SUCH CONTENT OR GENOVEST.COM. GENOVEST AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE
LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, LOST PROFITS OR LOST OPPORTUNITY OTHER THAN DIRECT DAMAGES (INCLUDING,
WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Genovest may discontinue or change genovest.com, or its availability to you, at any time. This Agreement is personal
to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid
or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement,
your rights and obligations, and all actions contemplated by this agreement shall be governed by the laws of the United
States of America and Minnesota State, as if the Agreement was a contract wholly entered into and wholly performed
within Minnesota State.
Investment related advice and comments presented on genovest.com are solely those of the individuals or entities
who published them. They do not in any way represent the opinions of Genovest on whether to engage in any specific
investing decision. Use caution as you read through information posted on the genovest.com site and when engaging other users.
CHANGED TERMS
Genovest shall have the right at any time to change or modify the Terms of Use applicable to Subscriber's use of
genovest.com, or any part thereof, or to impose new conditions, including (but not limited to) adding fees and charges
for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which
may be given by means including (but not limited to) posting on genovest.com, or by electronic or conventional mail,
or by any other means by which Subscriber obtains notice thereof. Any use of genovest.com by Subscriber after such
notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
COMMUNICATION
Federal or State law may require that we notify you of certain events. You hereby acknowledge and consent that such
notices will be effective upon the posting of such notices on our websites or sending them to you via the provided
email in your account. If your contact information provided to us is inaccurate, we cannot be held liable for failure
of notification. You may request that we provide such notices to you in paper format by writing to:
Genovest, 11200 West 78th St., Eden Prairie, MN 55344.
INDEMNIFICATION
Subscriber agrees to defend, indemnify and hold harmless Genovest, its affiliates and their respective directors,
officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of
the use of genovest.com by Subscriber or Subscriber's Account.
TERMINATION
Either Genovest or Subscriber may terminate this Agreement at any time. Without limiting the foregoing,
Genovest shall have the right to immediately terminate Subscriber's Account in the event of any conduct by
Subscriber which Genovest, in its sole discretion, considers to be unacceptable, or in the event of any
breach by Subscriber of this Agreement.
THIRD PARTY CONTENT
Genovest is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Any
opinions, advice, statements, services, offers, or other information or content expressed or made available by
third parties, including information providers, Subscribers or any other user of genovest.com, are those of the
respective author(s) or distributor(s) and not of Genovest. Neither Genovest nor any third-party provider
of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or
fitness for any particular purpose. In many instances, the content available through genovest.com represents the
opinions and judgments of the respective information provider, Subscriber, or other user not under contract with
Genovest. Genovest neither endorses nor is responsible for the accuracy or reliability of any opinion,
advice or statement made on genovest.com by anyone other than authorized Genovest employee spokespersons
while acting in their official capacities. Under no circumstances will Genovest be liable for any loss or
damage caused by a Subscriber's reliance on information obtained through genovest.com. It is the responsibility
of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other
content available through genovest.com. Please seek the advice of professionals, as appropriate, regarding the
evaluation of any specific information, opinion, advice or other content. By accessing the genovest.com site,
a user agrees not to redistribute the information found within. The trading services which users may access
through links on this site are services of the listed independent brokerage companies. In order to use these
services, you need to have an existing account with such brokerage company or you will need to set up an account
with such brokerage company. Genovest provides customized links to selected brokerage companies for your
convenience only. Genovest is not a registered broker-dealer and does not endorse or recommend the services
of any brokerage company. The brokerage company you select is solely responsible for its services to you the user.
Genovest shall not be liable for any damages or costs of any type arising out of or in any way connected with
your use of the services of the brokerage company.
Also, you may not use any of the Index Data or the Marks in connection with the issuance, trading, marketing or
promotion of investment products (e.g., derivatives, structured products, investment funds, investment portfolios,
etc. where the price, return and/or performance of the investment product is based on or related to the Indices),
nor may you use the Data as the basis of a financial instrument, without a separate written agreement with Genovest's
Index Data providers.
USER GENERATED CONTENT DISCLAIMER - SUBMISSIONS INCLUDING COMMENTS, READER REVIEWS AND OTHERS.
This User Generated Content Agreement and Disclaimer ("User Content Agreement") represents your legally binding
agreement with Genovest regarding your submission (and Genovest's display and distribution) of content to, and
usage of, the Genovest Site via certain technology, functionality and/or features we make available to you so you
can upload, post, and view such content (collectively "UGC") for display on the Genovest Site (collectively, the
"User Generated Content Submission Features"). This Agreement applies regardless of what type of device you use
to view or submit UGC to the Genovest Site.
When you submit UGC, or by using or attempting to use the User Generated Content Submission Features, you are
signifying your agreement with and acceptance of all terms and conditions of this User Content Agreement.
Genovest has the right to change the terms and conditions of this User Content Agreement at any time. If you do
not agree with all the terms and conditions of this User Content Agreement at any time, including, without limitation,
those times when we make changes, do not use, do not attempt to use, and immediately discontinue your use of, the User
Generated Content Submission Features; these actions represent an agreement to be bound by all of the terms and
conditions of this User Content Agreement, including, without limitation, any changes we have made.
Acceptance of this User Content Agreement signifies a willingness to abide by the following code of conduct:
- You shall not upload to, or distribute or otherwise publish on to the Genovest Site any libelous, defamatory,
obscene, pornographic, abusive, or otherwise illegal material.
- Be courteous. You agree that you will not threaten or verbally abuse other users, use defamatory language,
or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam."
- Use respectful language. Like any community, the online conversation flourishes only when our users feel welcome
and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality,
gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and
permanent suspension of access to all or part of the Genovest Site.
- Debate, but don't attack. In a community full of opinions and preferences, people always disagree. Genovest encourages
active discussions and welcomes heated debate, but personal attacks are a direct violation of this User Content
Agreement and are grounds for immediate and permanent suspension of access to all or part of the Genovest Site.
- Be transparent. Disclose all personal affiliations to companies and holdings in securities when submitting any related UGC.
You acknowledge that any UGC you upload to the Genovest Site (including but not limited to: comments, forum
messages, reviews, text, video, audio and photographs, as well as computer code and applications) may be edited,
removed, modified, published, transmitted, and/or displayed by Genovest and you waive any rights you may have in
having the UGC altered or changed in a manner not agreeable to you. UGC may also be included in Genovest RSS feeds,
APIs and likewise be made available for republishing through other formats.
You grant Genovest a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to all of your UGC,
which includes without limitation the right for Genovest or any third party it designates, to use, copy, transmit,
excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache,
tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast,
mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed,
including any UGC posted on or to the genovest.com Site through a third party.
Genovest reserves the right to delete, move, or edit any UGC that it, in its sole discretion, deems abusive,
defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
CONTACT
If you have any questions, please contact us at contact@genovest.com
Last Updated September 6, 2018