Terms of Use

Effective Date: May 2, 2017

Commandiv LLC is an internet-based investment adviser that provides software-based portfolio management and investment advisory services to clients through its Site (as defined below).

General; Additional Terms and Privacy Policy

The www.commandiv.com website is operated by Commandiv LLC and its affiliates (collectively, “Commandiv”, “we” or “us”). These Terms of Use (“Terms”) apply to www.commandiv.com and any other website or mobile application offered by us, which references or links to these Terms (collectively, the “Site”). Your access to and use of the Site reflects your consent to be bound by these Terms. If you do not agree to these Terms, in whole or in part, do not use the Site.

Additional terms may apply to purchases of services and to specific portions or features of the Site (collectively, “Additional Terms”), all of which are made a part of these Terms by reference and you agree to abide by Additional Terms. In the event of any conflict between these Terms and Additional Terms, Additional Terms shall control with respect to your use of that portion of the Site or the service to which they apply only.

We reserve the right to modify or replace these Terms at any time without prior notice. Any changes to these Terms will become effective upon posting of the revised terms. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes.

Along with these Terms, please read our Privacy Policy and refer to it before you submit any personal information through the Site. The Privacy Policy is hereby incorporated and made part of these Terms.

In consideration of your use of the Site, you represent, warrant and covenant to us that (a) you are at least 18 years old, or the age of majority in your jurisdiction of residence (if over 18), are competent, and have the capacity and authority necessary to enter into, and perform your obligations under, the Terms; (b) if you access the Site in your capacity as an employee, owner, or otherwise as an agent of another person or entity, you agree on behalf of yourself and such person or entity, jointly and severally, to be bound by these Terms; and (c) you will comply with all applicable laws, rules and regulations of all applicable jurisdictions in connection with your use of the Site.

Purpose

Commandiv provides its clients a self-directed investment platform, which clients maintain and control. Reliance on and use of any information provided to you through our Site, including portfolio management and investment advisory services, is solely at your own risk. Investing in securities involves risks and there is always a chance that you will lose money when you invest in securities. For example, your risks may include credit, inflation, interest rate, international investing, manager or stock market risks. Before investing, consider your investment objectives. Past results, expected returns or probability projects are no guarantee of future results and may not reflect actual future performance. You are responsible for making your own investment decisions and initiating trades.

Accounts

To access certain features offered on or through the Site, you may be required to or allowed to set up an account (including a username and password) by providing certain profile and contact information. A registered user, you are responsible for providing complete and accurate information including, but not limited to, your age, retirement status, and risk tolerance (collectively, the “User Information”). You are responsible for keeping your User Information current. Your failure to keep this User Information current may result in investment advisory services and advice that are no longer aligned with your investment goals.

If you open an account on our Site, you also establish a brokerage relationship with Third Party Trade LLC. This means that you elect to have Third Party Trade LLC execute trades as the introducing broker and to have Apex Clearing as the clearing firm.

If you are a registered user, you are solely responsible for maintaining the confidentiality of your account, and you agree to accept responsibility for all activities that occur on or through your account. In the event that you need to deactivate your account, it is your sole responsibility to inform us of any such need in writing via email to support@commandiv.com. You agree to immediately notify us of any unauthorized use of your account or password or any other breach of security by emailing support@commandiv.com. We are not responsible or liable for any activity through your account (whether or not authorized by you), any harm related to theft of passwords, or your disclosure of passwords or other account information, or for any loss or damage arising from your failure to comply with this paragraph. We reserve the right to refuse accounts or terminate accounts in our sole discretion.

Intellectual Property

All the text, content, graphics, interfaces, code and materials on the Site, including, but not limited to, the look and feel, selection and arrangement, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, is intellectual property protected by copyright, trademark or other proprietary rights of Commandiv or its licensors or other designees, which rights may or may not be registered in certain jurisdictions. Your access and use of the Site does not grant to you ownership of any of the foregoing. You acknowledge and agree that Commandiv reserves and retains, for itself and such third parties, as applicable, all intellectual property and other proprietary rights of any and all kinds in connection with the Site. The Site is copyrighted as a collective work under the United States and other copyright laws, and is the property of Commandiv. The collective work includes works that are licensed to Commandiv.

Use of the Site

Your use of the Site is subject to all applicable laws and regulations, which may vary depending on your jurisdiction of residence and from where you access the Site. The Site may be used only for your personal or information purposes of a non-commercial nature. You may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell, or otherwise exploit the Site or any content, information, software, products or services obtained from or through the Site without prior written permission. You may not (a) engage in harvesting of e-mail addresses or other personal information, unsolicited e-mailing, telephone calls or mailings, spoofing, flooding, overloading, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information, (b) send chain letters or pyramid schemes on or through the Site; (c) decompile, disassemble or reverse engineer the Site or any portion thereof, or (d) attempt to gain unauthorized access to any portion of the Site or any other computer systems or social media or mobile platforms on or through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for on or through the Site. Use of the Site as made available through a third-party social media platform such as Twitter or Facebook is also subject to such platform’s applicable terms and conditions.

Links and Third-Party Content

Our Site may contain links to third-party websites or services that are not owned or controlled by us, including those operated by Third Party Trade LLC and Apex Clearing. We are not responsible for the content of linked third-party websites and we do not make any representations or warranties regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites (including their privacy policies).

Errors

We attempt to provide accurate, current and reliable information on or through the Site. However, there may be times when information displayed on or through the Site may contain incomplete data, typographical errors, inaccuracies, or outdated information. We make no warranties as to the accuracy, completeness or timeliness of the information we make available on or through the Site, or that it is reliable, complete or error-free. We reserve the right to correct errors and update information available on or through the Site at any time.

General Release and Indemnification

You hereby release and agree to indemnify, defend and hold harmless Commandiv, its affiliates, or any of their respective officers, directors, members, partners, shareholders, employees, agents, licensors or suppliers (collectively, the “Protected Entities”) from and against any and all claims, liabilities, obligations, losses, damages, penalties, demands, actions, suits, judgments, settlements, costs and expenses in connection with any use or alleged use of the Site, or any violation or alleged violation of applicable law or a third party’s rights, in each case by use or under your user name by any person or entity, whether or not authorized by you.

Disclaimer of Warranties; Limitation of Liability

THE SITE, SERVICES, AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO THE SITE, SERVICES OR ANY CONTENT WILL BE SECURE, UN-INTERRUPTED OR ERROR-FREE.

IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE PROTECTED ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH A SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) IN THE AGGREGATE, ARISING FROM THESE TERMS OF USE OR YOUR USE OF ANY SITE, EXCEED, IN THE AGGREGATE, $10. TO THE EXTENT THAT ANY OF THE LIMITATIONS OR EXCLUSIONS SET FORTH ARE NOT ENFORCEABLE UNDER APPLICABLE LAW, THE LIABILITY OF THE PROTECTED ENTITIES UNDER OR IN CONNECTION WITH THIS AGREEMENT AND THE SITE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Miscellaneous

These Terms constitute the entire agreement between you and Commandiv and govern your use of the Site. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services or third-party content. These Terms and the relationship between you and Commandiv are governed and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. By using this Site, you agree that regardless of any statute or law to the contrary, any cause of action or claim you may have with respect to the Site or these Terms must be commenced within one (1) year after the claim or cause of action arises or be forever barred. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. We may assign our rights and duties under these Terms to any party at any time without notice to you. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions shall remain in full force and effect.

Jurisdictional Issues

The Site is controlled and operated in the United States of America. The Site may not be available to users outside of the United States. We make no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of United States or any other jurisdiction’s export, re-export or import laws and regulations.

Contact Us

If you have any questions about these Terms, please contact us by e-mailing support@commandiv.com.