This END USER LICENSE AGREEMENT ("Agreement") is a binding agreement between you ("End User" or "you") and Yieldr (the "Company"). This Agreement governs your use of Yieldr's web application (the "Yieldr App"). The Yieldr App is licensed, not sold, to you.
BY CLICKING THE "AGREE" BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE YIELDR APP.
Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to access and use the Yieldr App for your personal use on a single owned or otherwise controlled by you device strictly in accordance with this Agreement.
You shall not:
You acknowledge and agree that the Yieldr App is provided under license, and not sold, to you. You do not acquire any ownership interest in the Yieldr App, or the information provided therein, under this Agreement, or any other rights thereto other than to use the Yieldr App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Yieldr App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
You acknowledge that when you access and use the Yieldr App, Company may use automatic means (including, for example, cookies and web beacons) to collect information about you and about your use of the Yieldr App. All information we collect through or in connection with this Yieldr App is subject to our Privacy Policy. By using, and providing information to or through this Yieldr App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Company may from time to time in its sole discretion develop and provide Yieldr App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You further agree that all Updates will be deemed part of the Yieldr App and be subject to all terms and conditions of this Agreement.
The Yieldr App may display, provide access to, or make available financial data, market data, company information, and other content obtained from third-party data providers ("Third-Party Data"). Third-Party Data remains the property of the applicable third-party provider and is provided to you through the Yieldr App subject to the rights and restrictions applicable to such data.
Where the Yieldr App provides an authorized export or download function, you may export Third-Party Data solely for your personal, non-commercial use and only to the extent such export is expressly made available by the Company. You may not resell, redistribute, republish, sublicense, commercially exploit, systematically extract, or make available to any third party any Third-Party Data obtained through the Yieldr App, whether in its original form or as part of another product, database, service, or application.
You may not use exported Third-Party Data to create, operate, or support a service or product that competes with the Yieldr App or any applicable third-party data provider. You may not remove, alter, obscure, or modify any proprietary, copyright, trademark, or other notices contained in or accompanying Third-Party Data.
Your right to export or download Third-Party Data is subject to any additional restrictions imposed by the applicable data provider. The Company may modify, restrict, suspend, or remove export functionality where necessary to comply with its agreements with third-party data providers or applicable law.
Nothing in this Agreement grants you any ownership interest in Third-Party Data or any intellectual property rights belonging to the applicable third-party provider.
THE YIELDR APP IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE YIELDR APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE YIELDR APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. NOTWITHSTANDING THE FOREGOING, COMPANY IS NOT A REGISTERED INVESTMENT ADVISOR OR BROKER/DEALER AND THEREFORE, ALL INFORMATION PROVIDED ON THE YIELDR APP IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. ANY OPINIONS, CHATS, MESSAGES, NEWS, RESEARCH, ANALYSES, PRICES, OR OTHER INFORMATION CONTAINED IN THE YIELDR APP ARE PROVIDED AS GENERAL MARKET INFORMATION FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY, AND DO NOT CONSTITUTE INVESTMENT ADVICE. ALL OPINIONS PROVIDED ON THE YIELDR APP ARE BASED UPON SOURCES BELIEVED TO BE ACCURATE AND ARE WRITTEN IN GOOD FAITH, BUT NO WARRANTY, REPRESENTATION, OR GUARANTEE, WHETHER EXPRESSED OR IMPLIED, IS MADE AS TO THE ACCURACY OF THE INFORMATION CONTAINED HEREIN. THE WEBSITE SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR EXTENSIVE INDEPENDENT MARKET RESEARCH BEFORE MAKING YOUR ACTUAL TRADING DECISIONS. PAST PERFORMANCE IS NOT AN INDICATOR OF FUTURE PERFORMANCE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE YIELDR APP OR THE CONTENT AND SERVICES FOR:
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the Yieldr App or your breach of this Agreement.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
This Agreement is governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Yieldr App shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Virginia in each case located in the City of Roanoke. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
This Agreement, our Terms of Use and our Privacy Policy constitute the entire agreement between you and Company with respect to the Yieldr App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Yieldr App.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable other terms, the terms of this Agreement shall govern.