Changes To These Terms Or The Services
We may change these Terms from time to time, and the changes will be effective when posted on Vest’s website for the Services, through Vest’s account notification procedures or when we notify you by other means. Please review these Terms periodically on this website for changes. We have the right to change any of the terms of these Terms upon reasonable notice to you. We may also change or discontinue the Services, in whole or in part, including but not limited to, the Internet based services, pricing, technical support options, and other product-related policies. Your continued use of the Services after Vest posts or otherwise notifies you of any changes, indicates your agreement to the changes. If you do not agree to these Terms as modified at any time, you may not continue using the Services. These Terms may be modified only as provided in this section.
Not A Financial Planner, Broker, Tax Advisor Or Financial Institution
NEITHER VEST NOR THE SERVICES IS INTENDED TO PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. VEST IS NOT A FINANCIAL PLANNER, BROKER, TAX ADVISOR OR OTHER PROVIDER OF INVESTMENT, FINANCIAL OR ECONOMIC ADVISORY SERVICES. The Services are intended only to assist you in your financial organization and decision-making and are broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Services may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider whether it may be appropriate to obtain additional tailored advice from your accountant or other financial advisors who are fully aware of your individual financial circumstances.
Your Rights To Use The Services And Restrictions
The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the limited right to use the Services, and Vest reserves all rights of ownership in the Services not expressly granted to you in writing here. Subject to the termination provisions set forth below, for so long as you meet any applicable payment obligations and comply with these Terms, Vest grants to you a personal, limited, nonexclusive, nontransferable right to use the Services that is valid only for the period of use provided in the ordering and activation terms, and only for the purposes described by Vest on the website for the Services. If, notwithstanding the foregoing you grant access to your account or the Services to any other person, you will be in violation of these Terms and you will be solely responsible for any actions taken by any such person, as well as any damages or losses caused by any such person to you, Vest, or others. Vest may make the Services available via mobile applications or other downloadable software and hereby grants you a limited, non-exclusive, revocable, non-transferable, right and license, without the right to grant or authorize sublicenses, to install and use such software on any mobile phone, tablet or other device on which the software is installed (each a “Device”). You may use the software only on a Device owned or controlled by you, solely for your own individual, non-commercial use. These Terms will also govern any updates and/or upgrades to the software that are made available by Vest to you, unless such updates or upgrades are accompanied by a separate license agreement, in which case the terms of that license agreement will supersede these Terms.
You agree not to use the Services or content on this website in a manner that violates any applicable local, state, federal or international law, regulation or these Terms. For example, unless authorized by Vest in writing, you agree you will not:
- Use, employ, or attempt to use or employ any robot, spider, scraper, deep link or other similar automated data gathering or extraction program, tool, utility, algorithm or methodology to access, acquire, copy or monitor any portion of the Services, without Vest’s express written consent, which may be withheld in Vest’s sole discretion;
- Use, employ, or attempt to use or employ any engine, software, tool, agent, or other device or mechanism (including, without limitation robots, spiders, avatars, intelligent agents, or browsers) to navigate or search the Services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Mozilla Firefox, Microsoft Internet Explorer, or Google Chrome);
- Post, upload, forward, or otherwise transmit any file or software code which contains, facilitates, or launches viruses, worms, trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services; or
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services.
- Reproduce, duplicate, copy, deconstruct, sell, trade or resell the Services.
- Attempt to access any other Vest systems that are not part of these Services.
- Excessively overload the Vest systems used to provide the Services.
The foregoing list provides examples only and is non-exclusive. If you violate any of these Terms, these Terms and your right to use the Services may be terminated by Vest in its sole discretion.
You are solely responsible for maintaining and securely managing your password(s) for access to the Services. If you become aware of any unauthorized access to your Services account, theft or loss of your password, you agree to contact Vest immediately by e-mail at the address provided under the heading “Account Security,” below.
The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of the Services. You agree to receive these updates automatically as part of the Services.
You are responsible for your own actions while using the Services. In particular, you should not use the Services while driving or at any other time when use of the Services may disrupt your attention to other matters and result in injury to yourself or others.
Information You Provide to Vest
When you use the Services you create a personal profile and upload your financial information to Vest’s facilities or authorize Vest to import that information from your financial institutions. Your use of the Services, including your application for the products and services offered through the Site, may involve the transmission to us of certain personally-identifiable information. You may also interact with other users of the Services from time to time. You warrant and represent that you own or otherwise have a right to provide, or authorize your financial institution(s) to provide, all of the information you provide or cause to be provided to Vest through your use of the Services. (the “Content”).
For our compliance purposes and in order to provide the Services to you, you hereby authorize us (or our third party service providers) to obtain, verify, and record information and documentation that helps us verify your identity and bank account details. When you create your Vest account and from time to time thereafter, we may require you to and you hereby agree to provide and/or confirm information and documentation that will allow us to identify you, such as your username and password, photo identification, second method verification and related security measures and requirements for verification.
It’s important that you provide us with accurate, complete and up-to-date information for your Vest account and your bank account, and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate the Services.
You agree that Vest is not responsible for your choices of and changes to any Content you provide in the course of using the Services. You agree that you will not use the Services to share, store, or in any way distribute financial data for purposes that are not in accordance with the law. Any Subscribers suspected of having used the Services to acquire, provide or share information for purposes that include fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their financial data erased, and may be reported to law enforcement officials in the appropriate jurisdictions. Vest is not responsible for any violations of law that may result from the Content or data you submit on the website.
You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
- Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing , offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack upon or “flaming” of others, or that could lead to criminal or civil liability under any local, state, federal or foreign law;
- Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent’s consent in the case of a minor);
- Except as otherwise permitted by Vest in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communications, spamming or flooding;
- Virus, trojan horse, worm, spyware, spamware, malware or other disruptive or harmful software or data; and
- Any information, software or Content which is not legally yours and may be protected by patent, copyright, trade secret or other proprietary right, or derivative works thereof, without permission from the copyright owner or intellectual property rights owner.
Vest may freely use feedback you provide. You agree that Vest may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Vest a perpetual, worldwide, fully transferable, sublicenseable, non-revocable, non-terminable, fully paid-up, royalty free license to use the feedback you provide to Vest in any way.
Vest may monitor your Content from time to time. Vest may, but has no obligation to, monitor content on the Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Vest or its customers, or operate the Services properly. Vest, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, believed to be unacceptable, undesirable, inappropriate, or in violation of these Terms.
You hereby acknowledge that Vest may, from time to time, establish general practices and limits concerning the use of the Services, including without limitation the maximum number of days that Content will be retained by Vest. You further acknowledge and agree that Vest reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice: except that material changes to the Privacy Notice will be communicated to Subscribers as described in the Privacy Notice, “Changes to this Notice.”
Use and Validity of E-Mail Notices; E-mail Account
By providing your e-mail address to Vest, you agree that Vest may provide, and that you will accept and receive, all required notices from us electronically, to that e-mail address or such other e-mail address as you designate. If you wish to receive notices at another address, it is your responsibility to notify us of any updates or changes, as appropriate, by updating your user profile and contact preferences. Required and other notices and communications from us will be provided in HTML (or, if your system does not support HTML, in plain-text) format either in the text of the applicable e-mail or through an embedded link to the appropriate page on our website, which should be accessible through any standard, commercially available internet browser. Notwithstanding the foregoing, Vest may in its sole discretion from time to time elect to provide required notices or other communications to you by any other means it deems appropriate. Additionally, and notwithstanding anything to the contrary, if you are enrolled in the Services under an employer or third party sponsored program, Vest may impose limits or prohibitions on the use of non-employer or non-sponsoring entity e-mail accounts that may restrict or limit your ability to use a personal or other e-mail account in conjunction with the Services. In using the Service, you also should be aware of any employer restrictions on communications through employer-provided communications facilities.
Any legal notices by you to Vest relating to these Terms should be sent by you to Vest by e-mail to the following address: email@example.com.
You are responsible for maintaining the privacy and security of your password and other security information. You are also responsible for maintaining the integrity of your hardware and operating system to prevent viruses, spyware or other malicious software from stealing your password information or data. Vest bears no responsibility for unauthorized access to your account as a result of your failure to follow appropriate security precautions.
If you should become aware of any unauthorized use of your account or user information, or if you otherwise believe that your account has been compromised, you agree to immediately notify Vest by e-mail to: firstname.lastname@example.org.
Account Information from Third Party Sources
Vest cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any Subscriber data, communications or personalization settings. For example, when displayed through the Services, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Services, in the manner prescribed in the associated instructions.
You authorize Vest to access your Account Information maintained by identified third parties, on your behalf as your agent. When you add outside financial institutions to your Vest account, you will be directly connected to the website for the third party you have identified. Vest will submit information including usernames and passwords that you provide to log you into the site. You hereby authorize and permit Vest to use and store information submitted by you (such as account passwords and user names) to accomplish the foregoing and to configure the Services so that they can collect your Account Information. For purposes of these Terms and solely to provide the Account Information to you as part of the Services, you grant Vest a limited power of attorney, and appoint Vest as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN Vest IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, Vest IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Service.
Other Vest And Third Party Products And Services
We may offer to you other services, features, products, applications, online communities, or promotions provided by Vest. If you decide to use any of these other services, additional terms and conditions and separate fees may apply.
Vest provides links to third-party websites providing services that we believe may be of interest to Vest users. If you decide to use any third party products or access any Third Party Sites, you are responsible for reviewing the third party’s separate product terms, website terms and privacy policies.
Vest does not endorse, warrant or guarantee the products or services available through any such offers, and Vest is not an agent or broker or otherwise responsible for the activities or policies of those web sites. Vest does not guarantee that the third-party offer information displayed through the Services are actually the terms that may be offered to you if you pursue the offer or that they are the best terms, lowest rates available in the market, or otherwise suitable for you. You must complete your own review and due diligence of any third-party offers, products or services, and Vest disclaims any express or implied obligation to do so.
Vest may provide automatic or voluntary account-related alerts from time to time. Vest may deliver these alerts to your computer, mobile phone, or other device or by such other method of using the Services that you select and Vest supports.
Automatic alerts may be sent to you following certain changes made to your Vest account, such as a change in your account information. Vest may also send you alerts regarding promotions, third party offers and other information based on your preferences and the operation of the Services.
Voluntary account alerts initially may be turned on by default as part of the subscription and enrollment process for the Services. They may then be customized, modified, deactivated or reactivated by you through changes to your account settings. Vest may add new alerts from time to time, or may cease to provide certain alerts at any time in its sole discretion. Each alert will have different options available, and you may be asked to select from among these options upon activation of your alerts service.
Alerts to mobile phone numbers may trigger charges from your mobile carrier or other third parties. To the extent that Vest is assessed fees by any mobile carrier or required to pay fees to any mobile messaging aggregator or vendor in order to provide mobile alerts, Vest will pass-through such charges to you.
Because alerts are not encrypted, we will never include your password.* However, alerts may include your login ID and some information about your accounts. Anyone with access to your email, mobile phone, or other device or accounts receiving alerts will be able to view the content of these alerts and it is your responsibility to maintain the privacy and security of this information. Furthermore, if your computer, mobile phone, or other device or account that is receiving or previously has received alerts is lost, stolen, or misplaced, or is otherwise compromised, Vest is not and cannot be responsible for any information or alerts that may be accessed by third parties and you are encouraged in any such case to immediately change your password and login ID from a secure device.
Any automatic or voluntary alerts provided by Vest may be delayed, blocked, or prevented by a variety of factors. While Vest will use reasonable efforts to provide alerts in a timely manner with accurate information, we can neither assure nor guarantee the timely delivery or the accuracy of the information contained in any alert. You agree that Vest will not be liable or responsible for: any delays, blockage, failure to deliver, or misdirected delivery of any alert, any errors in the information contained in an alert; or for any actions taken or omitted to be taken by you or any third party as a result of or in reliance upon any alert provided by us or not delivered by us.
*For purposes of clarity, if you request a password reset, we may email a temporary password to you. We don’t consider this an alert.
For Services offered on a payment or subscription basis, the following terms apply, unless Vest notifies you otherwise in writing or unless your subscription has been paid for by a third party such as an employer or retirement plan provider, in which case your subscription is covered under an agreement with that third party. These Terms also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on any website for the Services.
You must pay with one of the following:
- A valid credit or debit card acceptable to Vest;
- Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
- By any other payment option made available by Vest.
If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
Vest will automatically renew your subscription at current rates at the time of renewal and for the term of your most recent subscription, unless the Services are canceled or terminated under these Terms.
Additional cancellation or renewal terms may be provided to you on the website for the Services.
Disclaimer Of Warranties; Limitation Of Liability
YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Vest, ITS AFFILIATES, PARTNERS (INCLUDING EMPLOYERS THAT SPONSOR SERVICES ACCOUNTS AND THEIR THIRD PARTY ADMINISTRATORS THROUGH WHOSE SITE THE SERVICES MAY BE MADE AVAILABLE) AND ITS THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, UPTIME OR CONTINUITY OF THE SERVICES, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. Vest AND ITS AFFILIATES, PARTNERS AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
VEST AND ITS AFFILIATES, PARTNERS AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS, EACH AS AMENDED AND IN EFFECT FROM TIME TO TIME. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW.
LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF Vest, AND ITS AFFILIATES, PARTNERS AND SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT YOU PAID TO Vest FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM OR $100. Vest AND ITS AFFILIATES, PARTNERS AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) ANY AND ALL INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) ANY AND ALL DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS; CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET Vest SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF Vest AND ITS AFFILIATES, PARTNERS AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF Vest AND ITS AFFILIATES, PARTNERS AND SUPPLIERS AS WELL AS YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE AND YOUR AGREEMENT TO THESE PROVISIONS AND LIMITATIONS IS A MATERIAL INDUCEMENT TO Vest TO ENTER INTO THIS AGREEMENT WITH YOU AND PROVIDE YOU ACCESS TO THE SERVICES AND OTHER OFFERINGS PROVIDED BY Vest.
You agree to indemnify and hold Vest and its Affiliates, partners and suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of these Terms (collectively referred to as “Claims”). Vest reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Vest in the defense of any Claims.
Vest may immediately and without notice terminate these Terms or suspend the Services provided to you, if you fail to comply with these Terms, and may also refuse to provide Services to you in the future. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of these Terms shall not affect Vest’s rights to any payments due to it. Our Privacy Notice and the following sections of these Terms will survive and remain in effect even if the Agreement is terminated, canceled or rescinded: Not a Financial Planner, Broker or Tax Advisor, Disclaimer Of Warranties; Limitation Of Liability; Indemnification; Copyright And Trademark Notices; Governing Law And Jurisdiction; and General.
Copyright And Trademark Notices
All materials of the Service (as well as the organization and layout of the Service are owned and copyrighted or licensed by Vest, its affiliates or its suppliers. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes the Vest website (and any successor websites or additional websites or any co-branded websites), is permitted without the written permission of Vest. Any rights not expressly granted herein are reserved. Vest, the Vest logo, other Vest logos and product and service names are trademarks of Vest Financial Services Inc. (the “Vest Marks”). You agree not to display or use the Vest Marks in any manner whatsoever without Vest’s prior permission.
The Services may incorporate logos, trademarks, service marks and other proprietary rights belonging to third-parties. Vest does not grant you any rights to reproduce, distribute, or transmit any such materials, all of which are expressly reserved by their owners. Vest disclaims any rights to any third party trademarks, service marks or other intellectual property that may be viewed on our websites or through the Services.
Governing Law And Jurisdiction
The internal, substantive laws of the State of New York governs these Terms without regard to its conflicts of laws provisions. As a material inducement to Vest to enter into these Terms and provide you access to the Services and other offerings provided by us at such low price points, you agree that to resolve any legal dispute arising from these Terms, you and Vest agree to the exclusive jurisdiction of state or federal courts located in Manhattan, New York. Vest does not represent that information on the website for the Services is appropriate or available for use in all countries. Vest prohibits accessing materials from countries or states where contents are illegal. You are accessing this website on your own initiative and you are responsible for compliance with all applicable laws.
You represent and warrant that you are at least 18 years of age. These Terms are the entire agreement and understanding between you and Vest and replaces and supersedes all prior understandings, communications, commitments, and agreements, oral or written, regarding its subject matter. If any court of competent jurisdiction rules that any part of these Terms are invalid, illegal, void or unenforceable, then such part of these Terms will be removed and severed from these Terms without affecting the validity, enforceability, and effectiveness of the remainder of these Terms. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. Vest’s right and remedies under these Terms are intended to be cumulative and any failure by Vest to exercise or enforce any of its rights or remedies under or in connection with these Terms or to which Vest is entitled under any applicable law, will not constitute or be taken or construed as a waiver of any of Vest’s rights or remedies, all of which will still be and remain available to Vest. By signing these Terms, you also agree to receive e-mail communication from Vest unless you respond that you would like for your address to be removed from this list.
Variances in Terms for Employer or Third Party Sponsored Programs