Terms of Use

Last Updated: June 5, 2008

Portfolio Monkey, Inc. (“Portfolio Monkey”) is making available this website and service (collectively referred to as the “Website”, “Site”, or “Service”) subject to these Terms of Use (“Agreement”). By using the Website, you agree to be bound by the terms set forth in this Agreement. Occasionally, we may amend these Terms of Use by posting the amended Terms of Use on the Site. It is your responsibility to review the updated version of this Agreement and remain informed about any changes.

Site Usage

Portfolio Monkey should be used for informational purposes only and does not constitute investment advice. If you make investment decisions based on information you receive in connection with the Site, you do so at your own risk and Portfolio Monkey and its employees will not be liable for any losses that you may sustain. Site users should conduct their own independent research and due diligence and obtain professional advice, if necessary, before making any investment decisions or recommendations.

No warranty or guarantee is given regarding the accuracy or completeness of the information provided on the Site and under no circumstances will Portfolio Monkey be held responsible, or liable for errors, or omissions resulting in any loss or damage caused or alleged to be caused by information contained in the material presented on the site, including but not limited to direct, indirect, incidental, special or consequential damages caused by using the information. Portfolio Monkey does not sponsor or promote any of the securities or financial instruments or indices listed on the Site.

License to Use the Service

Subject to this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Service for personal, noncommercial purposes. Your right to use the Service is limited by the terms of this Agreement. Except for this license granted to you, we retain all right, title, and interest in and to the Website, including all related intellectual property rights. The Website is protected by applicable intellectual property laws, including United States copyright law and international treaties. You will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Website; (b) rent, lease, or sublicense access to the Service; nor (c) circumvent or disable any security or technological features or measures of the Service.

Age Requirement for Use of the Service.

The Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.

Limits on Your Use of the Service.

No Ownership Rights. All content on the Site, including text, graphics, logos, button icons, images, and software, is the property of Portfolio Monkey or its content suppliers, and is protected by U.S. and international copyright laws. The compilation (that is, the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Portfolio Monkey and is protected by U.S. and international copyright laws. All software used on this site is the property of Portfolio Monkey or its software suppliers and protected by U.S. and international copyright laws.

Personal Use of the Service. You also agree that the Site is for your own personal use and that you will not share your password to the Service with any other person. The rights being granted to you are personal in nature to you and may not be shared with, transferred or otherwise assigned to anyone else. In addition, you will not employ or allow the use of your account for the purpose of executing scripts, programs, or other technologies designed or intended to create copies or otherwise reproduce the content on the Site.

Unauthorized Use of Your Account. You agree to promptly notify Portfolio Monkey of any known or suspected unauthorized use(s) of your account for the Service, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. Such notification should be sent via email to infringement@portfoliomonkey.com. Portfolio Monkey shall not be liable for any loss or damage resulting from your failure to safeguard your password and account.

Prohibited Activities. When using the Service, you agree to refrain from doing any of the following:

  1. violating applicable federal, state and international laws;
  2. using the Service to harm minors;
  3. interfering with others’ use of the Service;
  4. using the Service to invade the privacy of others, or to collect and use an individual’s personal and private information or to gain or attempt to gain unauthorized access to other computer systems via the Service;
  5. using the Service to create a false identity or to impersonate another person; and
  6. using the Service to advertise Internet sites or services which are competitive to the Service.

In addition, you will not, either knowingly or with reckless disregard, participate in any actions intended to interrupt or otherwise negatively impact the Service.

The foregoing rules set the minimum level of conduct that we expect from users of the Service. We also ask that you use common sense and be considerate towards other users. We reserve the right, at our sole discretion, to suspend or terminate your right to use the Service if you violate the aforementioned rules of conduct or engage in other conduct we deem offensive.

Enforcement of These Terms. Except as described in these Terms of Use, any other use violates the terms and conditions of this Agreement and is strictly prohibited. We will pursue our legal and other rights against violators to the full extent permitted under applicable state and federal laws. In addition, you agree that Portfolio Monkey has the right, without liability to you, to disclose any Registration Data and/or account information to law enforcement authorities, government officials, and/or a third party, as Portfolio Monkey believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Portfolio Monkey’s right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party’s rights).

Your Information.

You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service (“Registration Data”). Portfolio Monkey may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that Portfolio Monkey may store and use the Registration Data you provide.

Privacy.

We are committed to protecting all of the personal information that we collect and do not distribute this information to unaffiliated third parties. Read more about our Privacy Policy . If you have not already read Portfolio Monkey’s Privacy Policy, you should do so now.

Intellectual Property.

You agree that the Site and the contents of the Site are protected by copyrights, trademarks, and all other similar proprietary rights and protections (collectively, the “IP Rights”) belonging to Portfolio Monkey, and that these IP Rights are valid and protected in all forms, media, technologies, existing now or hereinafter developed. The graphics, logos, page headers, button icons, scripts, and service names appearing on the Website are protected trademarks, trade dress or other rights of Portfolio Monkey and may not be used in connection with any other product or service that is likely to cause confusion among customers, or in any manner that disparages or discredits Portfolio Monkey or the other owner of the rights.

Withdrawal or Removal of Features of the Service.

Portfolio Monkey has the right to withdraw or remove features of the Service at any time, and without prior notice to you, with or without refunds or price adjustments, at Portfolio Monkey’s sole discretion.

Indemnification of Portfolio Monkey.

You agree to indemnify, defend and hold harmless Portfolio Monkey from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable legal fees and expenses) arising from or relating to:

  1. your use of the Service;
  2. your breach of this Agreement or any representation, warranty or covenant made by you herein or therein; or
  3. your violation of any applicable law, statute, ordinance, regulation or any third party's rights, including but not limited to, copyright infringement, harm to a third party’s trademark or other intellectual property rights, or any claim of defamation, libel or slander.

This indemnification obligation survives any termination of this Agreement.

Termination of Your Right to Use The Service.

Portfolio Monkey reserves the right in its sole discretion to terminate your use of the Service at any time for any reason. Upon termination, for any such reason, your right to use the Service, and all associated license rights, shall immediately terminate, and you shall cease having access to the Service and will have no further rights to use the Service. Termination of your right to use the Service shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Portfolio Monkey.

Additional Terms.

Entire Agreement. This Agreement supersedes all other agreements, warranties, or representations with regard to your use of the Service. Portfolio Monkey may amend the terms of this Agreement from time to time by posting such amendments on the Web site under “Portfolio Monkey Terms of Use.”

Force Majeure. Performance of the Service may be subject to delay and interruption due to causes beyond our control, such as acts of God, power failure, acts of terrorism, natural disasters such as earthquakes and fires, equipment failure, and the like.

Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without regard to its conflict of law provisions.

Dispute Resolution. Any dispute or controversy arising under or in connection with this Agreement shall be fully and finally resolved solely by binding arbitration conducted in San Francisco County, California under the auspices of JAMS by an arbitrator selected by both parties within ten (10) days after either party has notified the other in writing that it desires that the dispute between them be settled by arbitration. In the event the parties cannot agree on an arbitrator within such ten (10) day period, JAMS shall select an arbitrator and inform both parties in writing of such arbitrator’s name and address within five (5) days after the end of such ten (10) day period. Each party shall pay its own expenses associated with such arbitration, including the expense of any arbitrator selected by such party, if applicable, and the parties share equally the expenses of a jointly selected arbitrator or arbitrator selected by JAMS. The decision of the arbitrator shall be binding upon the parties and judgment in accordance with that decision may be entered in any court having jurisdiction thereover. Punitive damages shall not be awarded.

Disclaimer of Warranties. THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, ACCURACY, OMISSIONS, COMPLETENESS OR DELAYS, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NO ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE AFOREMENTIONED DISCLAIMERS RELATED TO IMPLIED WARRANTIES MAY NOT APPLY TO YOU. YOU AGREE THAT FROM TIME TO TIME, PORTFOLIO MONKEY MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

PORTFOLIO MONKEY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND PORTFOLIO MONKEY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

Limitations of Liability. TO THE FULLEST EXTENT ALLOWED BY LAW, PORTFOLIO MONKEY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER THAT RESULT FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO: (i) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES; (ii) DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES; (iii) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF SERVICE, ERRORS OR OMISSIONS; (iv) DAMAGES RELATED TO DOWNLOADING INFORMATION; AND (v) DAMAGES RESULTING FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CONTAMINATION OR DESTRUCTIVE PROGRAMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE AGGREGATE LIABILITY OF PORTFOLIO MONKEY SHALL BE LIMITED TO SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO PORTFOLIO MONKEY UNDER THIS AGREEMENT.

Severability. To the extent that any provision of this Agreement is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be enforced to the maximum extent possible and shall not affect the enforceability of the remainder of this Agreement.

No Waiver. Failure by Portfolio Monkey to exercise or enforce any of its rights under this Agreement shall not be deemed to be a waiver by it of any such right nor operate to bar the exercise or enforcement thereof or of any other right on any other occasion.