Terms of Use Agreement

Vise Technologies, Inc. Terms of Use Agreement

Last Updated on May 4, 2023

Please read this Agreement carefully. THIS AGREEMENT REQUIRES ALL DISPUTES TO BE RESOLVED BY WAY OF BINDING ARBITRATION. THE TERMS OF THE ARBITRATION CLAUSE APPEAR IN SECTION 2 OF THIS AGREEMENT.

This website, https://vise.com/ (the “Site”), is provided by Vise Technologies, Inc. (“Vise”) By accessing this Site, you acknowledge you have read, understand, and agree to all terms, conditions, disclosures, and notices contained or referenced in this Terms of Use Agreement (“Agreement”). If you do not agree, please discontinue use of this Site. Vise retains the right, at its discretion, to update or revise this Agreement. You acknowledge that the information and materials on this Site are subject to change, and your continued use of the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. The provision of investment advisory services is governed by a Platform & Subadvisory Agreement. Intermediaries should closely review the terms of the Platform & Subadvisory Agreement before determining whether to engage Vise for advisory services and clients of Intermediaries should consult with their Intermediary if they have any questions about their engagement of Vise.
Any action arising out of this Agreement or the Site is governed by and interpreted under the laws of the United States and the applicable laws of the State of New York without regard to conflict of law principles. If any provision of this policy shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. In every case and to the fullest extent possible under applicable law, Vise and its users elect to resolve all actions arising out of this Agreement or the Site through binding arbitration conducted under the auspices of JAMS pursuant to its Arbitration Rules and Procedures. This arbitration agreement includes any controversy involving the performance, construction, or breach of this Agreement. If binding arbitration is found to be inapplicable or unenforceable in respect to any action arising out of this Agreement or the Site, you agree to submit to the exclusive jurisdiction of the state and federal courts in New York, waiving all affirmative and legal defenses in respect to jurisdiction, forum and venue, as well as your right to a jury trial. You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Vise is not responsible for the privacy, security, or information policies of third-party links from or on the Site. Clicking on said links may take the user to other sites or display information from third parties. Vise is not responsible for the content, privacy policies, terms of use, or any other factor of such third parties. It assumes neither liability nor responsibility for their actions, information, or communication. Such products, services, or content are provided without endorsement or warranty of any kind. User accepts sole responsibility for accessing such links.
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized persons attempting to access these areas of the Site may be subject to legal action.
Vise is the owner and/or authorized user of all text, images, data representations, animation, music, sounds, and any and all other materials on this Site. Unless and except as otherwise permitted by this Agreement or other written agreement with Vise, users may not modify, copy, reproduce, republish, disseminate, exploit, distribute, display, create derivative works from, or otherwise incorporate any material found on this Site or in Vise’s communications, except that you may view such materials in their present form and you may download and print a copy for your informational purposes only, provided you keep intact all copyright and other proprietary notices. Said materials are protected by U.S. and international copyright and treaty provisions without limitation as copyrights, trademarks, service marks, logos, and other intellectual property.
Unless otherwise indicated, all trademarks, service marks and trade names are the property of Vise and its affiliates. Vise enforces its intellectual property rights. Other than as permitted hereunder, use of Vise intellectual property rights, without an express license from Vise, is strictly prohibited. Other parties’ trademarks and service marks that may be referred to herein are the property of their respective owners.
Nothing on this Site constitutes an offer, solicitation of an offer, or advice to buy or sell securities, or any financial instrument or investment by Vise, nor shall any security, financial instrument or services be provided, offered or sold to any person in any jurisdiction in which such offer, solicitation, provision or sale would be unlawful under securities laws of such jurisdiction. The content on the Site is for informational purposes only and Vise does not represent that the products or services described on this Site are suitable for any specific investor or available in all locations.
You represent and warrant you will not use this Site or Vise, (a) as part of any scheme to violate federal, state, or other laws and regulations including those around financial transactions, or (b) for any other purposes that is unlawful or prohibited by this Agreement, including but not limited to attempting or actually (i) disrupting, impairing or otherwise interfering with the operation or integrity of the Site or circumventing any Site security system; (ii) collecting any information about other users of the Site; or (iii) systematically extracting content or other information or data contained in the Site. You may not access, copy, reproduce, upload, post, transmit, publicly perform or display, license, transfer, sell, mirror, frame, “scrape”, data mine or otherwise use any information or material obtained from or through this Site, without written permission from Vise. Vise may terminate your access and use of any part of the Site for such use or any use which violates this Agreement.
Vise, its employees, officers, directors, representatives, agents, and any party involved in the creation, management, monitoring, and dissemination of information on the Site, including Vise, cannot be held liable in any way for direct, indirect, punitive, incidental, special or consequential damages arising out of or connected to the use of the Site included but not limited to viruses, unauthorized access, errors, service interruption or delay, loss or damages from nonperformance by Vise, inaccurate content, typographic or data errors, or theft. Content and information are provided as is without warranties of any kind from Vise. Vise expressly disclaims all warranties of any kind either express, implied or statutory, related to any products, services, information and content, including but not limited to the availability, performance, security, reliability, accuracy, quality, usefulness, suitability or completeness of information, content, products, and services provided on or through this Site or in any other oral or written form. We do not warrant that this Site or the server that makes it available are free of viruses or other harmful components or any breach of security associated with the transmission of sensitive information through this Site or any linked website. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information provided. We will not be responsible for any detrimental reliance that you may place upon the Site or its contents. Vise reserves the right to cease operating this Site or to terminate your access and use of any part of this Site at any time without notice for any reason. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL VISE’S CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100.
Users agree to indemnify and defend Vise, their employees, officers, directors, agents, and affiliates and to hold them harmless and release them from any and all claims, expenses, losses, damages, and liabilities including without limitation attorney fees arising out of or connected to use or access to the Site. You will cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Vise does not give, offer, or render tax or legal advice. Before making financial or investment decisions, we recommend that you contact an investment adviser, or tax or legal professional.
Section numbers in this Agreement are for convenience of reference only and shall not govern the interpretation of any provision of this Agreement.
Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
The Agreement, including the separate Privacy Policy and any other documents referred to herein, represents the entire understanding between both you and Vise and supersedes any prior statements or representations. In the event of a conflict between the terms of this Agreement and the terms of an exhibit, amendment, schedule, addendum or disclosure, the terms of the exhibit, amendment, schedule, addendum or disclosure shall prevail but, solely as to the subject matter herein.
If you have questions regarding this Agreement or to report any violations of the Agreement, please contact us at legal@vise.com.