The Content, the Site and the Application are owned by Peerbackers Advisory or its Holding Company, Afﬁliates, and/or their licensors and suppliers. Except for the purpose of accessing the worthy Application, no information or material from this Site, including but not limited to investment analysis, text, videos, photographs, graphics, user and visual interfaces, trademarks, logos, algorithms, features, functionalities and computer code, including but not limited to design, structure, “look and feel” and placement of the content available on the Site, may be reproduced, redistributed, republished, uploaded, posted, translated or transmitted in any manner whatsoever without the written consent by Peerbackers Advisory. No information available from worthy or Peerbackers Advisory may be harvested or otherwise collected without the written consent by Peerbackers Advisory or worthy.
Description of Services
By using the Site and/or worthy Application, you can use our interactive platform and mobile Application to obtain investment advisory services (collectively, the “Services”). Our Services allow you to open an investment account tied to marketplace lending that we will manage at your direction. You provide information about your ﬁnancial situation and risk preferences, and, based on the information you provide, you obtain automated investment advice regarding the selection of a portfolio.
IF YOU DECIDE TO OPEN AN ACCOUNT, YOU MUST ENTER INTO A PEERBACKERS ADVISORY CLIENT AGREEMENT, WHICH INCLUDES AN INVESTMENT ADVISORY AGREEMENT WITH US.
You acknowledge and agree that we are not responsible for the availability of, or any content located on or through, any third-party site, or any services provided by third parties, including the third party APIs. You further acknowledge that any reliance on representations and warranties provided by any party other than Peerbackers Advisory will be at your own risk. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of third party web sites, including, without limitation, Linked Sites and websites linking to the Site or Application. You expressly agree to hold us harmless for any claims of damage arising from any content, product or service provided by any third party.
User Restrictions / Prohibited Uses
You agree not to use the Site to:
- violate or encourage the violation of any local, state, national, or international law or engage in malicious activities including sending any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, profane, racially offensive, or otherwise objectionable, as determined by Peerbackers Advisory in its sole discretion;
- use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site, Application or Services;
- infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party;
- transmit any software or materials that contain any viruses, worms, Trojan horses, defects, or other items of a destructive nature or interfere with or disrupt or damage the Site or its security including but not limited to denial of service attacks, forged routing or email address information or similar methods or technology;
- attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) Peerbackers Advisory or worthy or create or use a false identity;
- harvest, collect or store personal data about other users of our Sites;
- attempt to obtain unauthorized access to the Site or portions thereof that are restricted from general access;
- modify, adapt, translate, sell, reverse engineer, obtain the code, decompile or disassemble any portion of the Site, Application or Services
- use any meta tags or any other “hidden text” utilizing the worthy name, trademarks, or product names;
- access or use any portion of the Content if you are a direct or indirect competitor of the Company, or provide, disclose or transmit any portion of the Content to any direct or indirect competitor of the Company;
- engage in any activity that interferes with any third party’s ability to use or enjoy the Site or which violates the rights of others;
- send, allow, enable, or support the transmission of mass unsolicited, unauthorized commercial advertising or solicitations via e-mail (spam);
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Application, deep link to the Site for any purpose, or frame or mirror any portion of the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
Disclaimers and Limitations of Liability
PEERBACKERS ADVISORY, ITS RELATED ENTITIES, ITS SERVICE AND INFORMATION PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY “PEERBACKERSPARTIES”) SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, FOR THE ACCURACY, COMPLETENESS, TIMELINESS, PRESENTATION OR AVAILABILITY OF INFORMATION OR FOR ANY DECISION MADE OR ACTION TAKEN, BY YOU, WHETHER DIRECTLY OR INDIRECTLY, IN RELIANCE UPON THE INFORMATION ON THIS SITE OR THROUGHOUR SERVICE, OR FOR INTERRUPTION OF ANY DATA, INFORMATION, OR ANY OTHER ASPECT OF THIS SITE. THE PASTPERFORMANCE OF AN INVESTMENT OR INVESTMENT STRATEGY CANNOT GUARANTEE ITS FUTURE PERFORMANCE, AND THE PEERBACKERS PARTIES SHALL HAVE NO LIABILITY FOR YOUR OR ANY OTHER PARTY’S INVESTMENTDECISIONS, INCLUDING THE STRUCTURE AND DIVERSIFICATION OF YOUR INVESTMENT PORTFOLIO. FURTHER, THE PEERBACKERS PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES CONTAINED ON THIS SITE OR THROUGH OUR SERVICE. THE PEERBACKERSPARTIES CANNOT GUARANTEE AND SHALL HAVE NO LIABILITY FOR THE TIMELINESS, DUPLICATIONS, OR DELAYS IN THE EXECUTION OF ANY ORDERS AND PURCHASES YOU WISH TO MAKE OR HAVE MADE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PEERBACKERS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON–INFRINGEMENT, RELATED TO OUR SITES AND SERVICE.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SITES AND SERVICE IS AT YOUR OWN RISK. ALLINFORMATION, SITES, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUTWARRANTY OF ANY KIND.
FOR THE AVOIDANCE OF DOUBT, UNDER NO CIRCUMSTANCES, WILL ANY OF THE PEERBACKERS PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGESARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SITES AND SERVICE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SITES AND SERVICE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THATAPPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS PRINCIPAL OR REVENUE, BUSINESS INTERRUPTION, BUSINESS REPUTATION OR GOODWILL, LOSS OF PROGRAMS OR INFORMATION OR OTHER INTANGIBLE LOSS ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SERVICE, OR INFORMATION, OR ANY PERMANENT OR TEMPORARY CESSATION OF SUCH SERVICE OR ACCESS TO INFORMATION, OR THE DELETION OR CORRUPTION OF ANY CONTENT OR INFORMATION, OR THEFAILURE TO STORE ANY CONTENT OR INFORMATION. THIS LIMITATION OF LIABILITY APPLIES WHETHERTHE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY NSRI PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANYREASON, THEN THE AGGREGATE LIABILITY OF THE NSRI PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANYPERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILLNOT EXCEED ONE HUNDRED U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAINWARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Your reliance upon the information available on the Site or Application or located through utilization of the Services and your interactions with third users identiﬁed through the Services is SOLELY AT YOUR OWN RISK. Your interactions with other users or advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other person or entity, and you agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other person’s or entity’s use or disclosure of your personally identiﬁable information. If there is a dispute between you and any third party, we are under no obligation to become involved, and you agree that you will manage any such dispute or disagreement directly, and that you will not make any claims against us with respect to products or services purchased through your use of the Services.
Interruption to the Site
The Services may be subject to limitations, delays, and other difficulties inherent in the use of the Internet, mobile devices and electronic communications. We are not responsible for any delays, delivery failures or other damages resulting from such problems. We do not guarantee the Site, the worthy Application or Services will be operable at all times. We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, the worthy Application and Services, or any portion of the Site or Application; (2) to modify or change the Site, worthy Application or Services, or any portion of the Site, Application or Services, and any applicable policies or terms; and (3) to interrupt the operation of the Site, Application and/or provision of Services, or any portion of the Site, Application or Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Remedies
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGESFOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, APPLICATION OR THEIR RESPECTIVE CONTENT, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE SITE, THE APPLICATION OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDESERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINEDTHROUGH THE SITE, THE WORTHY APPLICATION OR THEIR RESPECTIVE CONTENT, OR OTHERWISE ARISING OUT OF THE USE OR ACCESS OF THE SITE, USE OF THE APPLICATION OR USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SITE OR THE APPLICATION, AND ALL OTHER USE OF THE SITE OR APPLICATION, IS DONE AT YOUR OWNDISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
Except where prohibited, you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Site or Application shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
Each party shall bear its own attorneys’ fees, cost and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the Arbitrator; however, the Arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the Arbitrator. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.
The interpretation of the rights and obligations of the parties under this Agreement, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Florida, U.S.A. as such laws apply to contracts between Florida residents performed entirely within Florida. Each party agrees that it will only bring any action or proceeding arising from or relating to this Agreement in a federal court in the District of Florida, U.S.A. or in state court in Miami, Florida U.S.A., and you irrevocably submit to the personal jurisdiction and venue of any such court in any such action or proceeding or in any action or proceeding brought in such courts by Peerbackers Advisory.
You consent to the electronic delivery of documents. This consent for electronic delivery covers any document that Peerbackers Advisory is required to provide you, including the Client Agreement, and is effective until withdrawn by you.