Last Updated: April 19, 2017
If you subscribe to any Services offered through this Site, you may also be subject to additional terms and conditions (“Terms of Service” or “TOS”) applicable to such Services, which will be brought to your attention at that time.
We do not guarantee that access to or use of this Site or any Services will be uninterrupted or error free, and Topinvesto shall not be liable for any feature not being accessible or for any unavailability of its Site and Services. The Site and its features may be expanded, limited or modified at any time by Topinvesto to meet the needs of its Users, or for technical or other reasons, without advance notice or reason. We may also in our sole discretion, and at any time, discontinue providing, temporarily or permanently, any or all of the Site or Services, without notice. To access some of the content or features of the Site or its Services, Users may need to enhance or update the hardware or software in their computer systems. Topinvesto assumes no responsibility for any failure to access the Site or any Services, partially or fully, whether due to the User’s system, the Internet network or any other cause.
We do not provide information or services to minors, and if you are under 18, you may only use this Site and/or the Services with the active involvement of a parent, guardian or other supervising adult. You may not use this Site if you are under 18 years of age.
This Site does not provide individual or customized legal, tax, accounting, or investment services. Since each individual’s situation is unique, a qualified professional should be consulted before making financial decisions.
We make no guarantees as to the accuracy, thoroughness or quality of the information on this Site or through the Services, which is provided only on an “AS-IS” and “AS AVAILABLE” basis at User’s sole risk. This information may be provide by third parties and Topinvesto shall not be responsible or liable for any errors, omissions or inaccuracies in the Site content. The information and investment, accounting, or legal strategies provided at this Site are neither comprehensive nor appropriate for every individual. Some of the information is relevant only in Canada or the U.S., and may not be relevant to or compliant with the laws, regulations or other legal requirements of other countries. It is your responsibility to determine whether, how and to what extent your intended use of the information and Services will be technically and legally possible in the areas of the world where you intend to use them. You are advised to verify any information before using it for any personal, financial, accounting, legal, or business purpose. In addition, the opinions and views expressed in any article on this Site are solely those of the author(s) of the article and do not reflect the opinions of Topinvesto or its management. The Site content and services may be modified at any time by us, without advance notice or reason, and Topinvesto shall have no obligation to notify you of any corrections or changes to any Site content.
We grant you a limited personal use license to access, display, download, format and print portions of this Site content solely for your own personal non-commercial use, provided that the content is not modified and all proprietary notices are kept intact. You may not reproduce, publish, translate, merge, sell, rent, distribute the content, or create a derivative work of the content on any other website or as part of any educational, training or reference materials. You may not frame or utilize framing techniques to enclose any content on this Site.
Please note that, if you purchase any Courses (as defined herein) through the Topinvesto Academy that purchase is subject to specific license rights provided for in the Topinvesto Academy section of this TOU (below).
Any testimonials, opinions, advice, product or service offers, or other information or content made available on or through this Site by third parties (“Third Party Content”) are solely those of their respective providers and not of Topinvesto which does not guarantee the accuracy, completeness, reliability or usefulness of Third Party Content. It is the responsibility of the User to evaluate Third Party Content and Topinvesto shall not be liable for any damage or loss caused by Users’ reliance on or other use of Third Party Content.
To the extent we enable you to, and you choose to post or share any content or materials, including, without limitation, through the AI Service (e.g. questions) or through the Topinvesto Academy Service (e.g., quizzes, homework, projects, etc.) (“User Content”) you will be (a) granting Topinvesto a fully transferable, sub-licenseable (with rights to sublicense, including, without limitation, through multiple tiers) to display, perform, reproduce, modify, transfer, distribute and create derivative works from the User Content and to associate your public profile information (if any) with such User Content, in any media formats and through any channels (whether now known or hereafter developed); perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license to allow your materials to be edited and displayed by Topinvesto on its Site, and accessed by Users, for the purposes and on the terms in these TOU, (c) agreeing to indemnify and hold harmless Topinvesto and its Users from any claim or demand made by any third party due to or arising out of your User Content, and (d) representing that you own or otherwise have the right to post the User Content, that the User Content is accurate, that use of the User Content on the Site does not violate any laws, and that the materials will not cause injury to any person. Topinvesto shall have the right to use your name in connection with your posted User Content. Topinvesto reserves the right to remove or modify any User Content for any reason, including without limitation, if we believe it violates these Terms and Conditions.
If you choose to post any User Content and interact with other users, if applicable, please be respectful of other users and use common sense when posting comments. Remember that anything you post online may be perpetually available and are not confidential or private. Do not post anything you would not be comfortable sharing or being made public.
General. Some of the Services offered by Topinvesto require you to create an account. When you create an account, you agree that you have the authority to create that account and that all information you provide will be true, accurate, current, and complete. You are solely responsible for keeping your log in information (e.g., user ID and password) accurate, secure, and confidential. You are also responsible for any activity resulting from use of your login information. You agree to immediately inform us if you suspect that your login information has been comprised. We are not liable to you for any losses or damages you incur resulting from unauthorized use of your login information.
Social Sign in. If you login or sign in using social networking functionality, e.g., Facebook, you agree to abide by the applicable social network’s terms and conditions.
In the event that Topinvesto makes general education and/or continuing education webinars available to financial advisors or others (each a “Webinar” and together “Webinars”), the below applies in addition to the rest of the terms of this TOU. You understand and agree to receiving communications from Topinvesto and/or providers of these Webinars, including as set forth in the “Communications” section of this TOU. Topinvesto reserves the right at any time and for any reason and without notice to you, to change, modify, suspend, or cancel access to and/or any and all of the Webinars and/or services related to the Webinars, in whole or part.
For Informational Purposes Only. Each Webinar and any content or materials provided in connection with any Webinar is for informational purposes only. Information may not be applicable for each state and/or jurisdiction. Topinvesto cannot guarantee that any information provided in a Webinar will be accurate, complete, and/or current at all times. We make no representations or warranties regarding the quality of the Webinar content, related materials, or any instructor.
All Webinar content is owned by or licensed to Topinvesto and/or its licensed content providers, and all such rights are reserved. You may not reproduce, upload, transmit, distribute, publicly display, sell, publish, copy, or otherwise use the Webinar, and/or any content or materials provided in connection with any Webinar for any commercial purpose without Topinvesto’s express written consent.
The appearance of any instructor in any Webinar is not and shall not be deemed an endorsement or recommendation of that instructor by Topinvesto and the views expressed in any Webinar are those of the instructor and not Topinvesto.
General. Topinvesto may offer online information courses, workshops, classes and other educational programs relating to the world of finance to you for a fee (“Course(s)”) through its Topinvesto Academy services. For clarity, the Topinvesto Academy is included as part of the Services offered by Topinvesto. Topinvesto may also offer you the ability to engage in communication with fellow users taking the Courses. This TOU, including this section specifically on Topinvesto Academy, govern your purchase, use and/or access any Course. You must login to your account to sign up for a Course. Topinvesto may use third party services to provide the platform for the Courses as well as for payment processing and those third parties may have access to your information for the purposes of providing the Course Services. Please note that we may communicate with you as set forth in the “Communications” section of this TOU in connection with the provision of the Topinvesto Academy and/or other Topinvesto services.
Informational Purposes Only. These Courses are offered for information purposes only. Neither Topinvesto, nor any person providing instruction in any Course, is providing you legal, accounting, or financial advice. You are solely responsible for confirming the accuracy and appropriateness of the information for your own uses with your tax, finance, or legal advisor. Topinvesto’s provision of any Course or the appearance of any specific person instructing any Course is not a recommendation by Topinvesto of that Course, the content contained therein or the person providing instruction. We do not employ any instructors and are not responsible or liable to you for any interactions between you and any instructor or any other user of the Services. We make no representations or warranties as to the quality of any Course or instructor.
No Academic Credit. Topinvesto is not an accredited educational institution. Your participation in, or completion of, any Course does not confer any academic credit. Nothing in this TOU or otherwise through the Services or on our Site, enrolls you in any educational institution or in any course offered by any such institution.
Payment. Each Course is offered for certain price as listed on the Course landing page. All fees are in U.S. dollars. You represent and warrant that you are authorized to use any and all payment forms you use to purchase a Course. You agree to pay for all Topinvesto products and services that you purchase, and agree that we may charge your selected payment method through our third party payment processor for any such payments. If your payment method fails, we may collect fees owed or use other collection methods. We may also suspend or terminate your access to our Services.
Refunds. Topinvesto will provide a full refund in limited circumstances where the user has not viewed more than 50% of the applicable Course and such request for refund occurs within 30 days of the purchase date (regardless of whether or not the Course was viewed). In order to request a refund, user must contact Topinvesto. You can find the contact information at www.topinvesto.com/academy contacting Topinvesto through any other contact page, email, or number for a refund request will not be deemed notice to Topinvesto of such request.
Taxes. If you elect to access or use Services that involve payment of a fee, then you agree to pay that fee and all taxes associated with such access or use, including, if applicable, any sales tax Topinvesto believes in good faith that it is required to collect Topinvesto may collect taxes (e.g., sales tax or VAT) on any transaction where it reasonably believes that tax collection is required. Where Topinvesto believes in good faith that VAT collection is required for any Course, VAT will be calculated and added once your billing information is provided. You will indemnify and hold Topinvesto harmless against any and all claims by any tax authority for any underpayment of VAT, and any penalties and/or interest thereon. Topinvesto is unable to provide you with tax advice and you should consult your own tax advisor.
Compliance with Laws. You agree to comply with all applicable laws in connection with your purchasing and/or viewing of any Course. Further, access to our Courses from certain territories is prohibited. You agree that you will not violate any data export laws in connection with your purchase and/or viewing of the Courses if you reside outside the United States.
Course Ownership. We and our licensors own all right, title and interest in and to the Course(s) and related materials. We and/or third party licensors either own or have all necessary rights in and to the content contained in any Course (e.g., lectures, video lessons, quizzes, presentation materials, assignments, images, text, displays, documents, audio and/or video clips, HTML, etc.). The foregoing includes any and all copyrights, trademarks, or other proprietary rights under applicable law. Nothing contained in this TOU or in any Course conveys to you any ownership or other proprietary right except as otherwise set forth herein.
Any Topinvesto logos and/or trademarks that appear in any Course are our property. All other trademarks, service marks and logos used in connection with any Course, with or without attribution, are the trademarks, services, or logos of their respective owners.
Your Use of the Courses. Subject to your compliance with this TOU and any other guidelines or policies we include through the Services, Topinvesto grants you a limited, non-transferable, non-sublicenseable, non-exclusive, revocable license to make non-commercial, personal use of the Courses you purchase. Purchase of a Course only entitles you to the view the Course, and is not a purchase of the software or content included in the Course. Except as set forth below, Topinvesto reserves the right to terminate your access to the Site at any time for any reason or no reason at all, with or without notice to you. Unless you have, as determined in our sole discretion, violated these Terms and Conditions, such termination will not terminate your right to view any Courses you’ve purchased. You may not transfer your account to any other person or use anyone else’s account. Except as otherwise expressly permitted in this TOU, you are prohibited from and may not copy, sell, re-sell, display, reproduce, publish, modify, creative derivative works from, transfer, distribute, or commercially exploit the Courses and/or any related materials; and Topinvesto reserves the right to pursue legal action against you in connection with any unauthorized use of the Course, the related materials, or your violation of this TOU, whether at law or equity.
Subject to your satisfactory completion of a Course, as determined by Topinvesto in its sole discretion, you may provide a certificate of accomplishment upon conclusion of the applicable Course. You acknowledge that any such certificate merely indicates completion of a Course and is not affiliated with any college, university, company, or other certifying institution, and does not stand in the place of a course taken any academic institution and does not convey academic credit or certification for any such academic institution and neither Topinvesto nor any instructor has any obligation to you to assist you in obtaining any such credit or certification.
Indemnification. You agree to indemnify and hold Topinvesto harmless from and against any claims arising out of or related to your use of the Topinvesto Academy Service, including for your violation of any law or regulation or that your use infringes or otherwise violates any intellectual property or other proprietary right of Topinvesto or any person or entity.
Modification and/or Termination of Courses. We reserve the right to at any time, modify or discontinue, temporarily or permanently any one of the Courses or the Topinvesto Academy in whole or part. You agree that we are not liable to you or any third party for any such modifications, suspension, or termination of any or all Courses. Nothing in this TOU shall be construed to obligate us to maintain and/or support any of the online Course services, in whole or part, during the term of this TOU or thereafter.
Topinvesto may offer incentives, offers, promotions, sweepstakes or contests in connection with its Services. In the case of sweepstakes or contests, you will be provided separate terms and conditions that must be agreed to in order to be eligible for participation in any sweepstakes and/or contests. In connection with any incentives, rewards, or similar programs (For example, but not limited to, the Financial Advisor incentives program), any such program is issued at Topinvesto’s sole discretion and cannot be transferred, bartered or sold or used for a purchase where payment is made using payment information (e.g., a credit card number or PayPal account). Any such incentives and/or programs are not a payment instrument; they are issued without any exchange of money or value from you and you have no vested property right or interest in the incentives. Topinvesto reserves the right to cancel or revoke any incentives or programs, or your participation therein, for any reason or no reason whatsoever, including, without limitation, if it determines in its sole discretion that you have violated these terms, the terms specific to any rewards, incentive, or other program, or the rest of this TOU. Topinvesto reserves the right in its sole discretion at any time and without prior notice to you, to add to, remove or otherwise change the terms applicable to the issuance and use of any incentive, offers, promotions or other similar program.
Topinvesto does not guarantee that files available for downloading through its Site will be free of infection or viruses or other code that may have contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for integrity, security and accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data.
Though we seek to partner with quality companies, we are not responsible for the claims or representations made by advertisers and sponsors. Topinvesto does not review, endorse or recommend the products or services of any company mentioned on our Site. We will not be liable in any way for damages of any kind resulting out of the misuse of any personal information or data submitted by you to an advertiser or sponsor.
As a convenience to Users, the Site and Services may provide links to other sites or resources. Because we do not review or have no control over such sites and resources, Topinvesto shall not be responsible or liable for use of or reliance on any content, products, services or information at such sites or resources. Inclusion of any links does not imply any endorsement, affiliation, approval, association or sponsorship by Topinvesto of the linked websites, resources, their operators or owners. When you select a link, you may be leaving our Site. The information available on third parties websites may have certain restrictions on its use or distribution which differ from this TOU.
You agree not to hold Topinvesto liable for any loss or damage of any sort incurred as a result of any such dealings. You agree that all information you provide in connection with such purchase will be accurate, complete and current. You agree to pay all charges incurred by use of your credit card, debit card, or other payment mechanism at the prices in effect when such charges are incurred. You also will pay any applicable taxes relating to any purchases you make.
You agree that Fusion Media will not be liable in any way to you or to any other person in the event of force majeure (including, but not limited to, the act of any government or legal authority) or for the failure of or damage or destruction to your computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software.
When you visit our Site, use any of our Services, or send us an email, you expressly indicate your consent to electronically receive any and all communications, notices, and our disclosures that we may provide in connection with your use of the Site and/or Services, including, without limitation, e-mail, in-app, and in-website chat communications. All agreements, notices and communications that we provide to you by email will satisfy all legal requirements that they be in writing and delivered to you. Topinvesto will have the right to disclose any email sent by a User, or any objectionable material, to comply with legal process or to protect the rights or property of Topinvesto, its customers, suppliers and Users. Any such notices may also include emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. Consistent with federal CAN-SPAM laws, if you do not wish to receive commercial emails, you may unsubscribe following the instructions on any email, excepting that we may still send you administrative and transactional notices, including, without limitation, information about your Account, confirmation of your registration for Courses, information about your progress, or other services that may be necessary to provide you with any one of the Services.
You understand and consent that we may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that, while your communications with us may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.
We welcome all feedback, ideas, inventions, materials, and suggestions (“Feedback”) from our Users regarding our Services. You understand and agree that Topinvesto does not waive any rights to use similar and/or related Feedback previously or contemporaneously known to it, whether developed by its employees, contractors, obtained from other sources, or submitted by other Users. Further, by submitting any Feedback, you grant us the right to use the Feedback without any restrictions on the use of such Feedback or any compensation to you.
The Topinvesto Site and its content are protected by copyright, trademark and other proprietary laws. See our Copyright Notice.
Reporting Copyright Infringement. Topinvesto takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringes your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our Copyright department.
Please be aware that if you knowingly materially misrepresent that material or activity on this website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Repeat Infringers. It is our policy in appropriate circumstances to disable access to this Site and/or terminate the accounts of users who are repeat infringers.
Although Topinvesto offers services in many parts of the world, certain Topinvesto services may not be available in or suitable for certain countries or locales. We reserve the right to discontinue or to make changes to, our Site and any of our Services at any time without advance notice.
THE SITE AND SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TOPINVESTO MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE. TOPINVESTO DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THIS WEBSITE AND ITS SERVICES, OR THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF ITS CONTENT, IN ANY WAY AND FOR ANY PURPOSE.
IN NO EVENT SHALL Topinvesto, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY OR TO ANYONE ELSE FOR ANY KIND OF FINANCIAL LOSS, LOST PROFITS, ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR ANY OTHER SIMILAR DAMAGE OR ANY OTHER LOSS OR INJURY, RESULTING DIRECTLY OR INDIRECTLY FROM USE OF THE SITE, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SITE AND ANY CONTENT ON THE SITE.
IN NO EVENT SHALL Topinvesto, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY OR ANY ONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT ON THE SITE OR THE SITE ITSELF.
IN NO EVENT WILL TOPINVESTO BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE OR ANY OF ITS SERVICES OR CONTENT, OR LOSS OF DATA, EVEN IF TOPINVESTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE.
This TOU, and any applicable TOS, constitute the entire agreement between each Visitor/User and Topinvesto governing the Visitor’s/User’s access to and use of the Site and its Services, and supersede all prior agreements regarding its subject matter. The TOU shall be governed by the laws of the Sweden without giving effect to any principles of conflicts of laws. Each User hereby attorns and agrees to the non-exclusive jurisdiction of the courts of the Stockholm. The failure by a User or Topinvesto to exercise any right or to enforce any provision of this TOU shall not constitute a waiver of such right or provision. If any provision of this TOU is found by a court of competent jurisdiction to be invalid or unenforceable, the court shall give effect to the intentions reflected in the provision to the degree possible, and the other provisions of this TOU will remain in full force and effect. It is the express will of Topinvesto and each User that this TOU and any applicable TOS have been prepared in English.