HUMAN INTEREST INC.
Last updated February 21, 2023
We may update these Website Terms from time to time with or without notice to you. By continuing to use the Sites after these Website Terms have changed, you indicate your agreement to the revised Website Terms. If you do not agree to these Website Terms, please do not use the Sites.
Sites for Informational Purposes Only
The information on the Sites are for informational purposes only and the Sites are not intended to be a solicitation related to any particular company or investment. You should not rely upon us to review your financial situation, tolerance for risk, or the suitability of any investment or investment strategy that you decide to employ. We may provide tools that assist you to self-assess your own tolerance for risk or the potential suitability of an investment or strategy, or otherwise to educate you in various ways. We do not determine if the tools we provide to you will result in suitable investments or strategies for you.
All investments entail risks and you are responsible for determining whether you can afford the risks of using the output from any of our tools in making any investment or creating or following any investment strategy. While we may provide you with tools and ways to help you manage your investments, we do not provide investment, tax, or legal advice. If you wish to receive such advice, you must select and consult your own investment, tax, or legal advisers. You agree that we do not provide such advice, and that all decisions about investing and trading in your account are made by you or someone you have authorized.
Any feedback you provide at the Sites shall be deemed to be non-confidential. Human Interest shall be free to use such information on an unrestricted basis.
Your Responsibility to Protect Your Account
If you register to use the Sites, we may require you to create an account with a username and password. You agree to secure and protect your username and password, make your password sufficiently complex to minimize the risk of unauthorized access to your account, and monitor your account for any suspicious transactions. You should notify us immediately if the username or password to your account is compromised or lost or if your account has been compromised in some way.
Restrictions on Your Use of the Sites
If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to terminate your access to the Sites or your account, prohibit you from using the Sites, and/or take appropriate legal action. If you breach any of these Website Terms, the rights granted hereunder shall automatically terminate.
Linking to the Site
We hereby grant you a revocable, nonexclusive, nontransferable right to link to the Sites subject to the following requirements: (i) the link and information on the linking site must not falsely imply, represent or portray any relationship between us and the linking site, not suggest any endorsement or affiliation between us and the services, information or products offered by the linking site; (ii) the link and the surrounding context must not portray any party, or any of their products or services, in any inaccurate, derogatory, misleading or offensive manner; and (iii) the link must connect directly to the Sites and must not modify in any way the content, graphics, information or look and feel of the Sites.
We reserve all rights not specifically granted in this Section and may terminate the rights granted herein at any time.
NEITHER WE NOR ANY THIRD PARTIES WHOSE INFORMATION MAY BE INCLUDED ON THE SITES PROVIDE ANY WARRANTY OR GUARANTEE OR MAKE ANY REPRESENTATION THAT THE SITES WILL MEET YOUR REQUIREMENTS OR THAT THE USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE. NO OTHER VERBAL OR WRITTEN INFORMATION PROVIDED BY US WILL CREATE A WARRANTY OR INCREASE OUR LIABILITY. OUR SITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ANY WARRANTIES IMPLIED BY LAW, THE COURSE OF DEALING, OR OTHERWISE ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnification; Limitation of Liability
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Human Interest, its parent and affiliate companies, and their respective officers, directors, employees, agents, representatives, insurers, and assigns from any and all claims arising out of your breach of these Website Terms and any of your activities related to or in connection with the Sites.
EXCEPT WHERE PROHIBITED, HUMAN INTEREST WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES OR ANY THIRD PARTY’S USE OF THE SITES TO THE FULLEST EXTENT PERMITTED BY LAW. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF HUMAN INTEREST HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE WEBSITE TERMS, TO THE EXTENT PERMITTED BY LAW, HUMAN INTEREST IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF HUMAN INTEREST SHALL IN ALL CASES BE LIMITED TO US$100.
You agree that any dispute or claim arising out of your use of the Sites, including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Website Terms.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, subject to these Website Terms, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these Website Terms.
Arbitration shall be administered by the Judicial Arbitration and Mediation Sites, Inc. (“JAMS”), pursuant to the most-current JAMS Streamlined Arbitration Rules & Procedures, and conducted by a single, neutral arbitrator. The JAMS rules are available on JAMS’ website, www.jamsadr.com. Arbitration hearings will take place in San Francisco. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, group, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that notwithstanding our agreement to only arbitrate disputes as stated above, we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
If any part or parts of this arbitration agreement are found to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the arbitration agreement shall continue in full force and effect.
Choice of Law
These Website Terms and any related disputes will be governed by the laws of the State of California (without regard to conflicts of law principles). You and we agree that these Website Terms affect interstate commerce and that the interpretation and enforceability of the Disputes section above shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq., to the maximum extent permitted by applicable law.
If any part of these Website Terms are found to be invalid or unenforceable, it will not affect the validity or enforceability of any other part of these Website Terms, which will continue in full force and effect.
Nothing in these Website Terms may be read to waive compliance with the Investment Advisers Act of 1940 or the rules thereunder, or ERISA or the rules or any order thereunder.
If you do not comply with these Website Terms and we do not take enforcement action right away, that does not constitute a waiver and we are not giving up any rights that we may have (such as taking enforcement action in the future).
The Sites may contain links to third-party websites. That does not mean that we control or endorse those websites or any goods or services sold on those websites.
These Website Terms apply only to your use of the Sites and do not modify or amend any other agreement that may be in effect between you and us, or between us and the plan sponsor of your plan.