Terms & Conditions

The following describes the Terms & Conditions for LearnVest’s premium financial planning service.

By accessing and using the services provided by LearnVest Inc. (the “Services”) through this website (the “Site”), you agree to each of the terms and conditions set forth herein (“Terms of Use”). These Terms of Use are referred to as this “Agreement.”

LearnVest Inc. may at any time, and at its sole discretion, modify these Terms and Conditions of Use without giving you prior notice but by posting such changes to the Site. Your use of the Services and the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.

1.   USE OF SITE
You may access and view the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your personal and non-commercial purposes. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. LearnVest Inc. together with its affiliates (collectively, ”LearnVest”, “we” or “us”), reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site, except as expressly permitted by LearnVest in writing.  If you violate any of these Terms of Use, you have broken this Agreement and are automatically prohibited from use of the Site and the Services. Upon which, you must immediately destroy any downloaded or printed materials.  Use of the Site is limited to residents of the United States only.

2.    ACCOUNT INFORMATION
You may direct LearnVest to retrieve your information (“Account Information”) maintained online by third-party financial institutions, subscription providers, membership clubs and other third parties with which you have a relationship, maintain accounts, or engage in financial transactions.  We facilitate access of the Account Information by entering into agreements with third parties or through your input of information on the Site.  We do not review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement.  LearnVest is not responsible for the products or services offered by or on third-party sites.
By using the Services, you expressly authorize LearnVest to access your Account Information maintained by identified third-parties, on your behalf.  Without limiting the foregoing, if the Account Information relates to an account held with any entity governed by the Telecommunications Act of 1996 and/or any rules or regulations of the Federal Communications Commission, you hereby consent to the transmission of the Account Information to LearnVest.  You authorize and permit LearnVest to use and store information you submit (such as account passwords and user names) to perform the Services.  You acknowledge and agree that when LearnVest is accessing and retrieving Account Information, LearnVest is acting on your behalf and not as an agent of any third party accessible through the Services.

3.    REGISTERED USERS ACCOUNT, PASSWORD AND SECURITY
In consideration of your use of the Services and the Site, you represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant portions of the Site (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or LearnVest has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LearnVest has the right to suspend or terminate your access to the Services and/or Site and refuse any and all current or future use of the Services and/or Site, or any portion thereof.
You are solely responsible for maintaining the strict confidentiality of your User IDs and passwords and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your User IDs/passwords, your disclosure of your User IDs/passwords, or your authorization to allow another person to access and use the Services and/or the Site using your User IDs/passwords. You agree to immediately notify us if you become aware of any unauthorized use of your User IDs/passwords or other need to deactivate a User ID/password due to security concerns.  You agree that you will be responsible for all activities that occur on your account or through the use of your User IDs/passwords by yourself or other persons.

4.    YOUR OBLIGATIONS
In providing registration and transactional information to LearnVest, you agree to provide true, accurate, current and correct information about yourself, and to maintain and update registration information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the account.
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security and/or Content of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

5.    PRICE AND AVAILABILITY
The Services offered or referred to on this Site are subject to availability.  Further, availability for purchase of service types or individual services is subject to change by LearnVest in its sole discretion at any time without notice.  In the event you fail to use the Site or the Services for a period of ninety (90) days, LearnVest reserves the right to suspend updates to your account. In such event your account may be deemed inactive, however, LearnVest may continue to store any information related to your account.  To restore your access to the Site and Services in such event, contact feedback@learnvest.com.  Contemplation of certain services types in these Terms of Use does not mean such services or service types are available for purchase, on the Site or otherwise, at any given time. The prices stated for Services are subject to change without notice.

6.    CONSENT TO ELECTRONIC COMMUNICATIONS
You consent to receive communications from LearnVest about the Services provided and your account, either by e-mail or by notices posted on this Site, as determined by LearnVest in its sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by LearnVest in writing is satisfied by such electronic communication. You agree that LearnVest may send you e-mails which include notices about your account as well as information pertaining to the Services, such as featured services or new offerings. You agree that this information is part of your subscription and your relationship with LearnVest.

7.  COPYRIGHT
The Site, Content and Services, including, but not limited to the images and any publications contained on the Site, are protected by U.S. and/or foreign copyright laws, and belong to LearnVest.  You may not use, manipulate or alter in any way images or other Content on the Site without the express written consent of LearnVest.

8.    TRADEMARKS  
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from LearnVest.

9.    LEARNVEST IS NOT A FINANCIAL ADVISER.
You acknowledge that neither LearnVest nor the Services provided by the Site is intended to provide legal, tax, or financial advice.  LearnVest is not a financial adviser, planner, broker or tax adviser.  The Services are intended only to assist you in your household and financial organization.  Your financial situation is unique and any information or advice obtained through the Services may not be appropriate for your particular situation.  Before making any decisions or implementing any financial strategy, you should consider obtaining information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.

10.    DISCLAIMER OF WARRANTIES
THIS SITE, ITS CONTENTS, AND ANY PRODUCTS or SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS AND ON AN “AS IS AVAILABLE” BASIS.  LearnVest MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE. LearnVest EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE OR THE CONTENT. LearnVest DOES NOT WARRANT THAT THE PROVISION OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.

11.    LIMITATION OF LIABILITY
IN NO EVENT WILL LearnVest BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES OR THE CONTENT OR ANY OTHER MATTER RELATING TO THE SITE OR THE CONTENT (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS SITE; ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS SITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS SITE; ANY LINK PROVIDED ON THIS SITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE and the services. IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT, or the Services OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE and/or the Services, WITHOUT A REFUND.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

12.    INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Site providers, LearnVest and it’s employees and staff from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Content or the Services, or any violation by you of this Agreement.

13.   TERMINATION
Notwithstanding any of these Site Terms, LearnVest reserves the right, without notice and in its sole discretion, to block your use of the Site and/or the Services to you immediately without notice.

14.    MESSAGE BOARDS, CHAT BOARDS, BLOGS, VIRTUAL COMMUNITIES and OTHER INTERACTERIVE MEDIA (“INTERACTIVE SERVICES”)
In connection with your use of the Services, you may have access to and use of discussion groups, chat rooms, message boards, blogs, virtual communities, wikis and other collaborative websites, and other interactive functionality (“Interactive Services”). If you participate in or use any Interactive Services, you are responsible for User Content you upload, post, link to or otherwise transmit (collectively “transmit”) and the consequences thereof. If you choose to transmit any User Content using such Interactive Services, you agree that you own or have a license to post the User Content to the Site and do so solely for lawful purposes and in compliance with all applicable laws. You expressly agree that we have no responsibility for or control over the User Content you may transmit using these Interactive Services. Additionally, we do not represent, warrant or guarantee the truthfulness, accuracy, quality, or reliability of any of the User Content posted, displayed, linked to or otherwise transmitted via any Interactive Services. We also do not endorse any opinions expressed in or through any Interactive Services. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.

Although we do not actively monitor, regulate or pre-screen your use of the Services, we reserve the unconditional right (but not the obligation) to remove, move or edit any User Content we consider in our sole discretion to be harmful, offensive, disruptive, in violation of law, regulation or any agreement, including, without limitation, which is or may be in violation of this Agreement. We have no liability or responsibility to you or any other person or entity for performance or nonperformance of such monitoring activities.

Additionally, you agree you will not post, email, upload, disseminate, transmit or otherwise make available any content (i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) that harms minors in any way; (iii) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (iv) comprising any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation; (v) comprising any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vi) that infringes the intellectual property rights of any party.

You agree that you will not (a) impersonate any person or entity; (b) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site; (c) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges; (d) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (e) intentionally or unintentionally violate any applicable local, state, national or international law; (f) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; (g) “stalk” or otherwise harass any person; (h) collect or store personal data about other users; (i) advertise or solicit anyone to buy or sell products or to make donations of any kind absent prior written approval from LearnVest, or (j) make negative or disparaging references to LearnVest, its services or its members or otherwise compare LearnVest, its services or its members unfavorably to others.

You hereby grant to LearnVest a non-exclusive, worldwide, royalty-free, irrevocable perpetual license (with right to sublicense) to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any User Content you submit via the Interactive Services by all means and in any media now known or hereafter developed, solely for the purposes for which such User Content was submitted. LearnVest will not use this User Content for any purpose other than the purpose(s) for which it was submitted unless you agree to such use. You retain ownership of User Content you submit and LearnVest does not obtain ownership in or to such User Content (or in the case of third-party owned User Content submitted by you with the owner’s permission, the third party retains ownership).

Copyright in the User Content posted, with the exception of Collaborative Content, shall remain with the User or third party who has posted or consented to posting the User Content on the Site. You have no rights in or to such User Content posted by other Users and you agree you will not copy, reproduce, publish, create derivative works based upon or otherwise retransmit any User Content without the express written permission of the owner of such User Content.

Collaborative Content posted by Users for the purposes of collaboration may be modified, reproduced, distributed, transmitted or otherwise used by other Users and is not subject to the limitations on User Content listed in the paragraph above. Such Collaborative Content shall be considered in the public domain and freely available to be used, distributed or modified by the other Users of the Site. For the purposes of distinguishing User Content from Collaborative Content, any Collaborative Content shall be clearly marked as such and/or shall be submitted via areas of the Site facilitating User collaboration.

15.    PRIVACY POLICY
LearnVest’s personal information practices on this Site are governed by LearnVest’s Privacy Policy. Please review this privacy statement and print a copy for your records. This Site does not intend to target or collect personal information from individuals under the age of 13.

16.    PENDING CHARGES FOR PAYMENT CARDS
If your Payment Method is a credit or charge card (the “Payment Card”), you authorize LearnVest to place a pending charge to your Payment Card when you sign up for the Services, and prior to each subsequent periodic charge. Pending charges are used to verify your billing address and the validity of your Payment Card, are temporary (typically 3 to 7 days in length), and will not be converted into an actual charge to you.  Pending charges, while pending, will, however, reduce the available amount of credit on your Payment Card in the amount of $1 per pending charge.

17.    FEES RELATING TO YOUR PAYMENT METHOD
You are solely responsible for any and all fees charged to your Payment Method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees.

18.    REFUSAL OF CHARGES TO YOUR PAYMENT CARD
If your Payment Card for any reason will not accept charges for any fee, you have a period of 9 days from the date that your Payment Card was declined to make your Payment Card information valid by either rectifying the issue with the Payment Card issuer or providing new Payment Card information at [www.LearnVest.com]. If LearnVest is able to charge your Payment Card (existing or new, if you have provided new Payment Card information,) during the 9-day period and any past due fees are paid, then benefits will continue uninterrupted. If LearnVest is unable to charge your Payment Card (existing or new, if you have provided new Payment Card Information), within the 9-day period, then the Services will be indefinitely suspended beginning on the 10th day from the date your Payment Card was initially declined. For the 30 days immediately following the suspension day, LearnVest may attempt to charge the Payment Card the periodic membership fee every 10 days. If the charge is accepted, then the Services will be reinstated as of the date the charge is accepted.

You hereby authorize LearnVest and/or its authorized agent to transact payments on your behalf for the payment of a premium LearnVest membership of your choosing. In addition, if you authorize us to do so, we will retain your credit card or other payment information, as applicable, in our database to facilitate your checkout process for future premium content transactions. You agree and acknowledge that if you fraudulently report your credit card used to obtain the premium content from the Service as stolen, or you fraudulently report that an authorized charge by LearnVest and/or its authorized agent is unauthorized, LearnVest may, in its sole discretion, pursue any available rights or remedies at law or in equity, including, without limitation, the right to terminate this Agreement and your ability to use the Services.

19.    PAYMENT METHODS
LearnVest will accept only the following major credit cards for purchases of the Services: MasterCard, Visa, Discover and American Express. Electronic checks will not be accepted for the purchase of the Services.  LearnVest reserves the right to change the payment methods accepted at any time, at its sole discretion, without prior notice.
Your payment method will be charged when you submit your order for the Services at checkout. You will be charged for the total cost of the Services, plus all applicable taxes.

20.    PURCHASES ARE FINAL
All purchases are considered final.  Refunds will be provided on an exceptions basis only and are typically limited to events of processing errors.  All refunds for such errors will be refunded to the credit card used for the purchase.

21.    SALES TAX POLICY
LearnVest will charge all applicable state and local taxes.

22.    LINKS TO THIRD-PARTY WEB SITES
Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation of the third party, the third-party web site, or the information contained therein. LearnVest is not responsible for the availability of any such web sites nor will LearnVest be responsible or liable for any such web site or the content thereon.

23.    DOWNLOADING FILES
LearnVest cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful or malicious computer code, files or programs.  The downloading of such files or information is at your own risk.

24.    GENERAL PROVISIONS
These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, your use of the Site or the Content are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any conflict of laws provisions.
If you believe you own the copyright to any information or material posted on the Site, please notify us immediately at legal@learnvest.com.