Terms of Use
DriveWealth, LLC (“DriveWealth” or “we”), a New Jersey Limited Liability Company, owns and operates the DriveWealth web site, the DriveWealth investing applications, partners.drivewealth.com, and other properties (each hereinafter referred to as a “DriveWealth Property” and collectively as “DriveWealth Properties”). By visiting and using a DriveWealth Property, you agree to these Terms of Use (“Terms”) and to the terms and conditions included in DriveWealth’s Privacy Policy (the “Privacy Policy”). The visitors to the DriveWealth Properties are referred to herein as “you” or “visitor(s).”
DriveWealth reserves the right to revise the Terms at any time as the DriveWealth deems appropriate. By continuing to use a DriveWealth Property after revisions to the Terms are completed, you agree to be bound by the new version of the Terms.
1.Availability of DriveWealth Platform. The DriveWealth Platform is supported by the services provided by DriveWealth Technologies, LLC. The terms of the standard DriveWealth Technologies, LLC Service Level Agreement define the quantitative standards for performance of the DriveWealth Platform.
2.License to Use Content. DriveWealth grants you a limited personal use license to access, display, download, format and print portions of content on the DriveWealth Properties and Related Services solely for your own personal, non-commercial use. Content on the DriveWealth Properties and Related Services must not be modified, and all proprietary notices kept intact. You may not reproduce, publish, sell, rent, distribute the content, or create a derivative work of the content.
3.Third Party Content. Any information or content made available on the DriveWealth Properties and Related Services by third parties (“Third Party Content Providers”) is solely the content of such third parties (“Third-Party Content”). DriveWealth makes no warranties and expressly disclaims all other warranties regarding the correctness, quality, accuracy, completeness, reliability or usefulness of such Third-Party Content, or the results that may be obtained from the use of the Third-Party Content. Visitors are responsible to evaluate Third Party Content, and the DriveWealth shall not be liable for any damage or loss caused by Visitors’ reliance on or other use of Third-Party Content.
4.Third Party Service Providers. Any services made available on the DriveWealth Properties and Related Services by third parties (“Third Party Service Providers”) is solely the services of such third parties (“Third Party Services”). DriveWealth makes no warranties and expressly disclaims all other warranties regarding the correctness, quality, accuracy, completeness, reliability or usefulness of such Third-Party Services, or the results that may be obtained from the use of the Third Party Services. Visitors are responsible to evaluate Third Party Services, the DriveWealth shall not be liable for any damage or loss caused by Visitors’ reliance on or other use of Third Party
5.Access to DriveWealth Account Through Third Party Technology.You may be using technology provided by third parties (“Third Party Technology Providers”) to access your DriveWealth account(s). Such technology (“Third Party Technology”) is solely the technology of that Third-Party Technology Provider. DriveWealth makes no warranties and expressly disclaims all other warranties regarding the correctness, quality, accuracy, completeness, reliability or usefulness of such Third-Party Technology, or the results that may be obtained from the use of the Third Party Technology. Visitors are responsible to evaluate Third Party Technology, DriveWealth shall not be liable for any damage or loss caused by Visitors’ reliance on or other use of Third-Party Technology.
6.Viruses. DriveWealth does not guarantee that files available for downloading through DriveWealth Properties and Related Services will be free of infection, viruses, or other potentially damaging code. Visitors are responsible for deploying procedures to satisfy their requirements for integrity, security and accuracy of data input and output.
7.Compliance with the Children’s Online Privacy Protection Act (“COPPA”). The DriveWealth Properties and Related Services are not intended to be used by, and is not directed to, any persons under the age of 18. You represent that you are at least 18 years of age. However, if DriveWealth receives a complaint which states that a user of any of the DriveWealth Properties and Related Services is under 13 years of age, DriveWealth will comply with any relevant provisions of the Children’s Online Privacy Protection Act of 1998 (“COPPA”).
8.Intended Use of Content.Certain content included in the DriveWealth Properties and Related Services is intended only to assist you with financial education regarding the subject matters covered in such content. The content is broad in scope and does not consider, nor may it be appropriate for, your personal financial situation. DriveWealth makes no representations that the content is appropriate or relevant for use in all jurisdictions. The visitor is solely responsible for compliance with local laws.
9.Prohibited Conduct.You shall not submit the following to any of the DriveWealth Properties and Related Services:
Content that violates any federal, state, or other jurisdictions’ law or statute, or is inaccurate or misleading;
Content that infringes DriveWealth’s, or any third party’s copyright or other proprietary rights;
Content that is trade libelous, or unlawfully threatening, defamatory, obscene, or otherwise injurious to DriveWealth or third parties;
Content that contains any viruses, worms, or other potentially damaging code or computer programs;
Content containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”.
10.Representations and Warranties.THE CONTENT OF THE DRIVEWEALTH PROPERTIES AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO OTHER WARRANTY AND EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE DRIVEWEALTH PROPERTIES AND RELATED SERVICES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY REGARDING THE USE OR THE RESULTS OF THE USE OF THE DRIVEWEALTH PROPERTIES AND RELATED SERVICES WITH RESPECT TO THEIR CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, CONTINUED AVAILABILITY OR OTHERWISE.
11.Limitation of Liability.YOU AGREE THAT NEITHER WE NOR ANY OF OUR MEMBERS, DIRECTORS, OFFICERS, AFFILIATES, EMPLOYEES, AGENTS OR PROVIDERS WILL HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, FOR THE CORRECTNESS, QUALITY, ACCURACY, SECURITY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, PRICING OR CONTINUED AVAILABILITY OF THE DRIVEWEALTH PROPERTIES AND RELATED SERVICES OR FOR DELAYS OR OMISSIONS OF THE DRIVEWEALTH PROPERTIES AND RELATED SERVICES, OR FOR THE FAILURE OF ANY CONNECTION OR COMMUNICATION SERVICE TO PROVIDE OR MAINTAIN YOUR ACCESS TO THE DRIVEWEALTH PROPERTIES AND RELATED SERVICES, OR FOR ANY INTERRUPTION OR DISRUPTION OF YOUR ACCESS OR ANY ERRONEOUS COMMUNICATIONS BETWEEN THE DRIVEWEALTH AND YOU. WE WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHICH YOU MAY INCUR OR EXPERIENCE BECAUSE YOU ENTERED INTO THIS AGREEMENT OR RELIED ON THE DRIVEWEALTH PROPERTIES AND RELATED SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE HAVE NO RESPONSIBILITY TO INFORM YOU OF ANY DIFFICULTIES WE OR OTHER THIRD PARTIES EXPERIENCE CONCERNING USE OF THE DRIVEWEALTH PROPERTIES AND RELATED SERVICES OR TO TAKE ANY ACTION IN CONNECTION WITH THOSE DIFFICULTIES. WE ALSO WILL HAVE NO DUTY OR OBLIGATION TO VERIFY, CORRECT, COMPLETE OR UPDATE ANY INFORMATION DISPLAYED IN OR ARISING OUT OF THE DRIVEWEALTH PROPERTIES AND RELATED SERVICES. YOU WILL MAKE YOUR OWN INDEPENDENT DECISION TO ACCESS OR USE ANY OF THE DRIVEWEALTH PROPERTIES OR RELATED SERVICES, OR TO EXECUTE ANY TRANSACTION AND YOU ACKNOWLEDGE AND AGREE THAT THE DRIVEWEALTH PROPERTIES AND RELATED SERVICES DO NOT AND WILL NOT SERVE AS THE PRIMARY BASIS FOR ANY OF YOUR INVESTMENT DECISIONS CONCERNING YOUR ACCOUNTS. YOU AGREE THAT NEITHER WE NOR ANY OF OUR MEMBERS, DIRECTORS, OFFICERS, AFFILIATES, EMPLOYEES, AGENTS OR PROVIDERS SHALL BE LIABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE WHATSOEVER, DIRECT OR INDIRECT, REGARDLESS OF THE CAUSE, WHICH MAY ARISE OUT OF OR BE IN ANY WAY RELATED TO YOUR USE OF THE DRIVEWEALTH PROPERTIES AND RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO: (I) ANY FAULT IN THE DELIVERY OR OPERATION OF THE DRIVEWEALTH PROPERTIES AND RELATED SERVICES, REGARDLESS OF THE CAUSE OF SUCH FAULT; (II) THE SUSPENSION OR TERMINATION OF, OR THE INABILITY TO USE, ALL OR PART OF THE DRIVEWEALTH PROPERTIES AND RELATED SERVICES, OR ANY INACCURACIES OR OMISSIONS IN ANY INFORMATION OR DOCUMENTATION PROVIDED, REGARDLESS OF THE CAUSE OF SUCH SUSPENSIONS, TERMINATION, NON-USABILITY, INACCURACIES OR OMISSIONS; (III) ANY FAULTS IN OR FAILURE OF THE OPERATION OF THE DRIVEWEALTH PROPERTIES AND RELATED SERVICES; (IV) ANY FAILURE OR DELAY SUFFERED OR ALLEGEDLY SUFFERED BY YOU, HOWEVER CAUSED; (V) THE TERMINATION OF ALL OR PART OF THIS AGREEMENT BY US AS PROVIDED IN THIS AGREEMENT; (VI) ANY INACCURATE MARKET DATA, NEWS INFORMATION, QUOTATIONS, OR ANALYTICAL OR TECHNICAL MARKET DATA OBTAINED THROUGH THE DRIVEWEALTH PROPERTIES AND RELATED SERVICES; OR (VII) ANY OTHER CAUSE IN CONNECTION WITH THE FURNISHING, PERFORMANCE, MAINTENANCE, OR USE OF, OR INABILITY TO USE, ALL OR ANY PART OF THE DRIVEWEALTH PROPERTIES AND RELATED SERVICES. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER A CLAIM ARISES IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
12.Acknowledgement and Agreement.You expressly acknowledge and agree that the DriveWealth Properties and Related Services provided by us are on an “as is” basis, and that you use such DriveWealth Properties and Related Services at your sole risk. Neither we nor our Third Party Providers will have any responsibility to maintain the DriveWealth Properties and Related Services or to supply any corrections, updates or releases concerning the DriveWealth Properties and Related Services.
13.Indemnity.You agree that you will indemnify, protect, and hold harmless us, our members, directors, officers, affiliates, employees and agents, from and against any and all losses resulting from or arising out of the use of the DriveWealth Properties and Related Services by you or your agents, including any breaches of the security of the DriveWealth Properties and Related Services, caused directly or indirectly by you or your agents, except to the extent such losses are due to our gross negligence or willful misconduct.
14.Miscellaneous.These Terms represent the entire understanding between the parties hereto with respect to the subject matter hereof. No contemporaneous or prior, written or oral agreement shall be construed to alter, repeal, or modify these Terms. These Terms shall be construed under the laws of the State of New Jersey, without regard to its principles of conflicts of laws. Any and all disputes arising under or related to these Terms shall be adjudicated exclusively in private, confidential arbitration before Judicial Arbitration and Mediation Services, Inc., which arbitration will be conducted by a single arbitrator and will take place in the State of New Jersey, Morris County, and each party consents to personal jurisdiction and service of process in such locale for the purposes of any such arbitration. If you have questions, comments, concerns or feedback regarding this Terms of Use, please contact DriveWealth atsupport@DriveWealth.com.
