Agreement. Your use of “Investing You” services, is subject to these Terms of Service and our Privacy Policy (collectively referred to as the "Terms"). This agreement is between you and LiveAnew Inc, Doing Business as (Investing You), and shall now be referred to as “InvestingYou”.
Acceptance. By using one or more aspects of “Investing You” Service, you hereby agree to the Terms. You accept these terms by either (a) clicking to "agree" or to "accept" the Terms when opening a user account or logging onto your user account to access the Services, or by (b) using the Services. You may not use the Services or accept the Terms if (a) you are younger than 18 or you are not of legal age to form a binding contract with “InvestingYou”, or (b) you are a person barred from receiving the Services under any applicable laws or regulations. “InvestingYou” reserves the right to amend these Terms at any time by posting the amended terms to its web site or otherwise providing you notice of the amended Terms. Your continued use of the Services constitutes acceptance of such amended terms. If you do not agree with these Terms (as amended from time to time), your sole and exclusive remedy is to discontinue using the Services.
License. “InvestingYou” grants to you a non-exclusive, non-transferable license to use the Services, under the terms and conditions of the business agreements between the parties. You agree to use the Services in accordance with the parameters set forth in documentation and other reasonable instructions provided by “InvestingYou”. You agree not to modify, copy, disassemble, or cause or permit any third party to do so. This license does not include the right to grant sublicenses or other rights to the Services, which will remain the exclusive property of “InvestingYou”. You agree that you have no rights in the Services or their documentation, other than the license granted hereunder. You further agree to protect the confidentiality of all the information relating to the Services’ code, design or logic structure provided to you by “InvestingYou”.
The Services provided by “Investing You” are for your use. It is an online service that is initiated by you, allowing your clients or prospects access to our website, dashboard, wellbeing index, strengths and values survey, goal creation and future enhancements or products offered. “InvestingYou” will not be liable for the financial, life planning, goals or any other event that occurs through the services offered by “InvestingYou”. You agree and acknowledge that “InvestingYou”, its employees and its agents, are not giving any financial advice, and or life advice, or recommendations. You agree and acknowledge that “InvestingYou” makes no representation as to the suitability of the Services for any purpose, and “InvestingYou” will not be held liable in any way for any consequences or damages that may arise through your use of the Services. You agree and acknowledge that “InvestingYou” may modify the Services from time to time.
You acknowledge and agree that “InvestingYou” does not independently evaluate the suitability of or recommend any investment goal or personal goal for you or your clients.
Client Monitoring. You agree that “InvestingYou” is not responsible for collecting or reviewing any information about your clients, or determining whether any financial or personal goal continues to be appropriate for the client's objectives.
Data Security. ”InvestingYou” agrees to take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures. Regardless of the precautions taken by us we cannot ensure or warrant the security of any information you transmit to us, and you transmit such information at your own risk. We restrict access to personal information to only the “InvestingYou” employees, contractors and agents who need to know that information in order to process it on our behalf. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
Intellectual Property Rights. “Investing You” Proprietary Rights. This is an Agreement for access to and use our Subscription Service, and you are not granted a license to any software by this Agreement. The Subscription Service is protected by intellectual property laws, they belong to and are the property of us or our licensors (if any), and we retain all ownership rights to them. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the Investing You Content or the Subscription Service in whole or in part, by any means, except as expressly authorized in writing by us.
The Services are protected by a combination of copyright, trade secret laws and patent protection. You acknowledge and agree that “InvestingYou” retain ownership of all intellectual property rights of any kind related to the
Services, including assessment tools, applicable copyrights, trademarks and other proprietary rights. This includes, without limitation, the assessments, client dashboard, text, software, scripts, graphics, photos, video, sounds, interactive features and the trademarks, service marks and logos contained therein. Any content or information provided by “InvestingYou” through the Services is provided to you "AS IS" for informational purposes only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes. We reserve all rights not expressly granted in and to the Services. You agree not to copy, modify, create a derivative work of, decompile or otherwise attempt to extract the source code of the Services or any part thereof.
Restrictions. The content on the LiveAnew, “InvestingYou” website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to “InvestingYou”, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of “InvestingYou”. “InvestingYou” reserves all rights not expressly granted in and to the website and the Content.
Confidentiality. Subject to your duty to comply with applicable laws, including the demand of any applicable regulatory or taxing authority, “InvestingYou” hereby agrees to keep confidential all information concerning the information gathered and matters of you, and your clients, and will not reproduce or distribute the same to any party at any time, except for the purposes of this Agreement, without you prior written consent. Both you and “InvestingYou” may comply with a valid and lawful legal process or government order to disclose information, but will immediately notify the other party of their compliance with that order, to the extent permitted by law. All terms of any agreement entered into between you and “InvestingYou” are considered confidential and will not be disclosed by either you or “InvestingYou”. Upon termination, both “InvestingYou” and Customer agree to maintain the confidentiality of all confidential information received from the other party under this Agreement.
Use of the Services. You acknowledge that each “InvestingYou” user account is designed, intended and licensed for use by a single named user only. You must use your individual email address for authentication and compliance purposes. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your user account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your account or any other breach of security. “InvestingYou” cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. If you become aware of any unauthorized use of your password or of your user account, you agree to notify “InvestingYou” immediately at This email address is being protected from spambots. You need JavaScript enabled to view it..
You agree to provide accurate and correct information about your identity, and your company. You agree to use the Services only for purposes that are permitted by (a) the Terms, and (b) any applicable laws or regulations. You agree not to access any of the Services by any means other than the interface provided by “InvestingYou”. You specifically agree not to use automated means (including the use of scripts or web crawlers) to access the Services. You agree not to engage in any activity that interferes with or disrupts the Services, or the servers and networks connected to the Services. You may not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Services. You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose, or use the outputs of the Services in general mailings, mass communications or advertisements without the express written consent of “InvestingYou”.
Fair Use Policy. You agree that the Services are subject to a fair use policy, which is detailed below. If we provide notice of non-compliant usage, and you refuse to correct your compliance, The Fair Use Policy is as follows:
“InvestingYou” user accounts may not be shared between multiple individuals, or used by one individual to produce the outputs of the Services en masse for multiple advisors. The average user account has 50 to 750 profiles; usage in excess of 1000 profiles falls outside of the Fair Use Policy. Exceptions will be considered, only by approval from “InvestingYou”.
License to Use Marketing Resources. Subject to your continued status as a paying customer in good standing, “InvestingYou” hereby grants you a limited, non-exclusive, non-transferable license to utilize its “InvestingYou”, as a part of your product offering.
Billing, Payment and Term of Contract. The Services are licensed to you under a contract that you enter into with “InvestingYou” at the time of your subscription. The terms of your contract are beginning at point of purchase and an order form will sent via email to the "account owner" at the time of purchase. If you did not receive or cannot find a copy of your order form, simply request one by sending an email to This email address is being protected from spambots. You need JavaScript enabled to view it.. Unless stated otherwise on your order form, the following contractual terms apply.
- The initial term of your contract is (1) month from the date service commences, and your contract will automatically renew for each subsequent month, unless notice of non-renewal is provided by either party at least ten (10) days in advance of each renewal. This contract structure provides pricing protection, and “InvestingYou” may not apply future pricing increases to your contract during its term. If we determine that we must change your pricing, we will notify you that your pricing will automatically change as of the beginning of your next contract term. We will always provide at least thirty (30) days' notice for any such pricing change prior to any deadline that you have for choosing not to renew your contract with “InvestingYou”.
- Any additional user licenses, add-ons or other services added during the course of your contract will be committed for the remainder of your current contract term, unless otherwise noted on an Order Form for the additional licenses, add-ons or services.
- You will be billed monthly in advance via credit card payment. You agree to keep your expiration date and credit card information up to date for efficient billing purposes.
- All fees are non-refundable once billed. If you believe you have been billed in error, please email This email address is being protected from spambots. You need JavaScript enabled to view it. and we will be glad to assist.
Customer Support. We attempt to respond to email and in-app support questions within one business day; in practice, our responses are generally even faster. We do not promise or guarantee any specific response time.
Termination of Service. In order to provide notice of non-renewal and terminate the Services, you must provide written notice to “InvestingYou” via electronic mail at This email address is being protected from spambots. You need JavaScript enabled to view it.. Termination is deemed effective when you receive a message from “InvestingYou” that your cancellation has been processed.
Once “InvestingYou” has processed your cancellation, your access to and payment for the Services will continue for the remainder of your contract term. After such time, your information will be inaccessible, and will be deleted.
“InvestingYou” may, at any time, terminate your account and refuse access to the Services with you if (a) you have breached any provision of the Terms (or have acted in manner which shows that you do not intend to, or are unable to comply with the provisions of the Terms); (b) “InvestingYou” is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (c) “InvestingYou” is transitioning to or no longer providing the Services to users in the jurisdiction in which you are resident or from which you use the Services; (d) your communication with “InvestingYou” employees is abusive or threatening, to “InvestingYou” and is to the sole discretion; or (e) you do not pay the amounts due for the Services according to the Terms, Upon termination, all of the legal rights, obligations and liabilities that you and “InvestingYou” have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, will be unaffected by this termination, including the provisions of the "General Legal Terms" and "Conflict of Laws" sections below.
DISCLAIMER OF WARRANTIES. Subject to applicable law, you expressly understand and agree that your use of services is at your sole risk and that the services are provided “as is” and “as available” with all faults.
In particular, “InvestingYou”, its officers and affiliates, do not represent or warrant to you that: (a) Your use of the services will meet your requirements, (b) Your use of the services will be uninterrupted, timely, secure, virus free or free from error, (c) Any information obtained by you as a result of your use of the services will be accurate or reliable, and (d) That defects in the operation or functionality of the services will be corrected. Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from “InvestingYou” or through or from the services will create any warranty not expressly stated in the terms.
“InvestingYou” further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions or merchantability, fitness for a particular purpose and non-infringement.
By accessing or using the services you represent and warrant that your activities are lawful in every jurisdiction where you access or use the services.
LIMITATION OF LIABILITY. To the maximum extent permitted under applicable law, you expressly understand and agree that “InvestingYou”, it’s officers, directors, employees, agents. subsidiaries and affiliates, will not be liable to you for:
Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused, this will include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of the actions of you, “InvestingYou”, or any of “InvestingYou” suppliers or vendors;
Any changes which “InvestingYou” may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features with the services);
Any unauthorized changes to or misuse of the services;
Any us of the services in a manner not intended under this agreement;
The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
Any force majeure event;
Your failure to keep your password or account details secure, and confidential;
Your failure to provide “InvestingYou” with accurate account information;
Indemnification You agree to defend, indemnify and hold harmless “InvestingYou”, its officers and directors, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or their partners, and any of their successors or assigns, and any of their respective officers, directors, agents or employees (the "Released Parties") from any loss, damages, liabilities, costs, expenses, including reasonable attorney fees, claims and proceedings arising out of or relating to: (a) your use of the Services; and (b) any alleged breach of the Terms by you.
Force Majeure. None of the parties shall be held responsible for any delay or failure to perform any part of this agreement to the extent that such delay or failure results from any cause beyond its control and without the fault or negligence of the party claiming excusable delay, such as acts of God, acts of war or terrorism, extraordinary acts of the United States of America or any state, territory or political subdivision thereof, fires, storms, floods, epidemics, riots, work stoppages, strikes (work stoppages and/or strikes of any of the parties to this agreement are specifically excluded from the language of this section), embargoes, computer viruses, unauthorized access, systems failure, failure or technical difficulties with software, hardware or other equipment, downtime for hardware and software maintenance, failure of communication lines, telephone or other interconnect problems, unusual volumes of traffic, theft, government restrictions, failure of utility services, adverse weather or events of nature. “InvestingYou” cannot ensure uninterrupted or error free access to the Services and there may be periods where access is delayed, limited or not available.
General Legal Terms. The Terms, combined with your credit card payment, constitute the whole legal agreement between you and “InvestingYou” and govern your use of the Services, and completely replace any prior agreements between you and “InvestingYou” in relation to the Services. You agree that if “InvestingYou” does not exercise or enforce any legal right or remedy which is contained in the Terms (or which “InvestingYou” has the benefit of under any applicable law), this will not be taken to be a formal waiver of “InvestingYou” rights and that those rights or remedies will still be available to “InvestingYou”. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
You agree that if “InvestingYou” does not exercise or enforce any legal right or remedy which is contained in the Terms (or which “InvestingYou” has the benefit of under any applicable law), this will not be taken to be a formal waiver of “InvestingYou” rights and that those rights or remedies will still be available to “InvestingYou”. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
The Terms, and your relationship with “InvestingYou” under the Terms, will be governed by the laws of the State of Missouri without regard to its conflict of law provisions. You agree that any dispute regarding the interpretation or enforcement of the terms will be decided by confidential, final and binding arbitration conducted by a mutually agreed to arbitrator located within the County of St. Charles, State of Missouri, United States of America. The filing fees and arbitrator's fees and costs in such arbitration will be borne by the non-prevailing party. The parties will be entitled to reasonable discovery of essential matters as determined by the arbitrator. In the arbitration, the parties will be entitled to all remedies that would have been available if the matter were litigated in a court of law. Notwithstanding this, you agree that “InvestingYou” will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
“InvestingYou” may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of “InvestingYou”, and any such attempted assignment will be void and unenforceable.