Terms of Use for Visitors

Polly Portfolio, Inc. (the “Company,” “we,” “us,” or “our”) welcomes you.  We provide you access to the Polly Portfolio platform (the “Platform”), including the website located at www.pollyport.com (the “Website”) and other digital services provided by us, subject to the following Terms of Use, which may be updated by us from time to time without notice to you.  By accessing and browsing the public areas of the Platform, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of our Privacy Policy, located at www.pollyport.com/privacy, which are hereby incorporated by reference (collectively, this “Agreement”).  If you do not agree to any of these terms, then please do not use the Platform.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

1. ACCESS TO THE WEBSITE

We provide Visitors with access to the Platform as described in this Agreement.

Visitors, as the name implies, are people who visit the Platform, but do not register for access to non-publicly accessible components of the Platform.  Visitors can (i) view all publicly-accessible content on the Platform, and (ii) contact us.

2. COMMUNITY GUIDELINES

By accessing and/or using the Platform, you hereby agree to comply with our community guidelines and that:

We reserve the right, in our sole and absolute discretion, to deny you access to the Platform, or any portion of the Platform, without notice and without liability to you, if you fail to adhere to these guidelines.

3. AGE RESTRICTIONS

The Platform is available for individuals aged 18 years or older. If you are 18 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parents or guardian understand it.

4. INTELLECTUAL PROPERTY

The Platform contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of the Company (collectively referred to as the “Content”).  The Content may be owned by the Company or by third parties.  The Content is protected under both United States and foreign laws.  Unauthorized use of the Content may violate copyright, trademark, and other laws.  You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement.  No other use is permitted without prior written consent from the Company.  You must retain all copyright and other proprietary notices contained in the original Content.  You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Platform automatically terminates.

The trademarks, service marks, and logos of the Company (“Company Trademarks”) used and displayed on the Platform are registered and unregistered trademarks or service marks of the Company.  Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with the Company Trademarks, the “Trademarks”).  Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.  Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing.  All goodwill generated from the use of the Company Trademarks inures to our benefit.

Elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors.  None of the Content may be retransmitted without our express, written consent for each and every instance.

5. NO OFFERS OR RELIANCE; NO INVESTMENT OR FINANCIAL ADVICE

Visitors of the Platform should note that no information made available to Visitors on the Platform should be construed as investment or financial advice given to Visitors. Visitors’ access and use of the Platform is limited to the dissemination of general information pertaining to the Company’s advisory services, together with access to additional investment-related information, publications, and links.  Accordingly, the publication of the Platform on the Internet for use by Visitors should not be construed by any consumer and/or prospective client/investor as the Company’s solicitation to effect, or attempt to effect, transactions in securities, or the rendering of personalized investment advice for compensation, over the Internet. Any subsequent, direct communication by the Company with a prospective client/investor shall be conducted by a representative that is either registered or qualifies for an exemption or exclusion from registration in the state or other jurisdiction where the prospective client/investor resides.

The Company is not utilizing the Platform to provide investment or other advice to Visitors, and no information or material available to Visitors through the Platform is to be relied upon for the purpose of making or communicating investment or other decisions. The Company is neither a law firm nor an accounting firm, and no portion of the Platform content should be interpreted as legal, accounting, or tax advice. To the extent that past performance is available through the Platform, past performance is not indicative of future results, and no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.

No material available through the Platform shall be used or considered as an offer to sell or a solicitation of any offer to buy the securities or services of any of our affiliated entities.  Offers can only be made where lawful under, and in compliance with, applicable law.

Please remember that different types of investments involve varying degrees of risk, and there can be no assurance that the future performance of any specific investment or investment strategy (including those undertaken or recommended by the Company), will be profitable or equal any historical performance levels.

Investments discussed on the Platform, if any, may not be suitable for all investors.  Investors should make their own investment decisions based upon their own financial objectives and financial resources, and should obtain independent investment and tax advice before deciding to invest.  Case studies set forth on the Platform have been selected to exemplify the Company’s investments in different asset classes and/or geographic regions.  These investments do not represent all of the investments selected by the Company with respect to a particular asset class, geographic region, or a particular account.  Case studies may be ongoing investments of certain accounts managed by the Company, and are not intended to be, and should not be construed as, investment advice or a recommendation to purchase or sell any particular security.  Case studies or other investments discussed on the Platform ultimately may generate positive returns, and other investments made in these asset classes or geographic regions, but not discussed on the Platform, may generate negative returns, or vice versa.  It should not be assumed that investments made for any particular account will match the performance or character of the investments discussed on the Platform, or that the returns of any accounts managed by the Company will equal the performance of the investments discussed on the Platform.  Investors may experience materially different results.

6. NO INSIDE INFORMATION; NO GUARANTEED RESULTS

The Company obtains information from a wide variety of publicly-available sources.  The Company does not have, nor does it claim to have, sources of inside or private information.  The recommendations developed by the Company in connection with its services are based upon the professional judgment of the Company, and the Company cannot and does not guarantee the results of any recommendations.

7. FORWARD-LOOKING STATEMENTS

The Platform contains certain “forward-looking statements,” which may be identified by the use of such words as “believe,” “expect,” “anticipate,” “should,” “planned,” “estimated,” “potential,” and other similar terms.  Examples of forward-looking statements include, but are not limited to, estimates with respect to financial condition, results of operations, and the success or lack of success of the Company’s investment process or strategy.  All are subject to various factors, including, but not limited to, general and local economic conditions, changing levels of competition within certain industries and markets, changes in interest rates, changes in legislation or regulation, and other economic, competitive, governmental, regulatory, and technological factors affecting the Company’s operations that could cause actual results to differ materially from projected results.

8. POSITIONS AND RECOMMENDATIONS

Certain portions of the Platform may contain a discussion of, and/or provide access to, the Company’s (and those of other investment and non-investment professionals) positions and/or recommendations as of a specific prior date.  Due to various factors, including changing market conditions, such discussion may no longer be reflective of current positions and/or recommendations.  Moreover, no client/investor or prospective client/investor should assume that any such discussion serves as the receipt of, or a substitute for, personalized advice from the Company or from any other investment professional.

9. RANKINGS AND RATING SERVICES

Rankings and/or recognition by unaffiliated rating services and/or publications should not be construed by a client/investor or prospective client/investor as a guarantee that he/she will experience a certain level of results if the Company is engaged, or continues to be engaged, to provide investment advisory services, nor should they be construed as current or past endorsements of the Company by any of its clients/investors.  Rankings published by magazines and others generally base their selections exclusively on information prepared and/or submitted by the recognized adviser.  Moreover, with regard to any performance information contained on the Platform, directly or indirectly, users should note that past results are not indicative of future results.

10. COMMUNICATIONS TO US

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information.  With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation or attribution to you.

11. NO WARRANTIES; LIMITATION OF LIABILITY

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE PLATFORM OR THE CONTENT.  WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE PLATFORM FROM WHATEVER CAUSE.  YOU AGREE THAT YOU USE THE CONTENT AND THE PLATFORM AT YOUR OWN RISK.

WE DO NOT WARRANT THAT THE PLATFORM WILL OPERATE ERROR-FREE OR THAT THE PLATFORM, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.  IF YOUR USE OF THE PLATFORM OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE PLATFORM AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE PLATFORM OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME STATES DO NOT ALLOW EXCLUSIONS OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.  OUR WARRANTIES AND LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

THE PLATFORM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE PLATFORM.  THE PLATFORM MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION.  A REFERENCE TO A SERVICE ON THE PLATFORM DOES NOT IMPLY THAT SUCH SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION.  WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE PLATFORM AT ANY TIME WITHOUT NOTICE.

12. EXTERNAL SITES

The Platform may contain links to third-party websites (“External Sites”).  These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites.  The content of such External Sites is developed and provided by others.  You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.  We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites.  You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs.  If you decide to access linked External Sites, you do so at your own risk.

13. INDEMNIFICATION  

You will defend, indemnify, and hold harmless the Company, our affiliates, and our and our affiliates’ respective officers, directors, managers, employees, and agents from any and all liabilities, costs, damages, and expenses (including reasonable attorneys’ fees) in connection with any third-party action, claim, or proceeding (each, a “Claim”) arising from your breach of this Agreement or your access to, use, or misuse of the Platform or the Content.  We shall promptly notify you of any Claim; provide you, at your expense, with reasonable cooperation in the defense of the Claim; and provide you with sole control over the defense and negotiations for a settlement or compromise.  Notwithstanding the foregoing, we reserve the right to assume the exclusive defense and control of any Claim that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

14. COMPLIANCE WITH APPLICABLE LAWS

The Platform is based in the United States.  We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States.  If you access the Platform or the Content from outside of the United States, you do so at your own risk.  Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

15. TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Platform, at any time and for any reason without prior notice or liability.  We reserve the right to change, suspend, or discontinue all or any part of the Platform at any time without prior notice or liability.

16. MISCELLANEOUS  

This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of law provisions. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New York, Borough of Manhattan; and (ii) that the Platform shall be deemed passive that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than New York.

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intentions of the parties, and the remainder of the Agreement will remain in full force and effect.

Sections 4-16 will survive any expiration or termination of this Agreement.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.  Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.  The section headings are provided merely for convenience and shall not be given any legal import.  This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

Copyright 2017 Polly Portfolio, Inc.  All rights reserved.