Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU USE THIS WEBSITE OR ANY RELATED APP. THESE TERMS AFFECT YOUR LEGAL RIGHTS.
Digital Advisors LLC ("Digital Advisors”," "we," or "us") provides its website, Competitips.com, located at http://competitips.com (together with all other websites, mobile applications, software, content, products, and services operated by or on behalf of Digital Advisors, the "Site"), to you, an individual user ("you") for your individual usage, subject to compliance with the terms and conditions set forth herein.
PLEASE NOTE:
Section 19 contains a mandatory binding arbitration provision, JURY TRIAL WAIVER AND class action waiver, which requireS you to arbitrate certain disputes and claims with us and limits the manner in which you can seek relief from us; AND
SECTION 13 CONTAINS LIMITATIONS OF OUR LIABILITY.
1. Agreement
By using the Site, you agree to be bound by these Terms of Use (the “Terms of Use” or "TOU") including the Digital Advisors Privacy Policy located at www.[ ]. If you do not agree to the terms and conditions contained in these TOU or in the Privacy Policy, which is included by reference in, and is hereby made a part of, these Terms of Use, please do not access or otherwise use the Site or any information contained therein.
You affirm that you are over the age of 13 as the Site is not intended for children under 13. If it comes to our attention through reliable means that a registered user is a child under 13 years of age, we will cancel that user's account. If you are over the age of 13 but under 18 years of age (or the age of legal majority where you live), you may use our Site only with the permission of a parent or legal guardian and you affirm that you have reviewed these terms with your parent or legal guardian and he or she has consented to your use of the Site and these Terms of Use.
2. Changes to the TOU
We reserve the right at any time to:
Change the terms and conditions contained in the TOU; change the Site, including eliminating or discontinuing any content or feature of the Site; or, with reasonable notice, impose fees, charges or other conditions for use of the Site or parts thereof.
We may modify the Site at any time without prior notice, and you accept those modifications if you continue to use the Site. You should check the Site frequently to see recent changes.
3. Important Product & Service Disclaimer; No Health or Medical Advice
You understand that no content published on the Site constitutes a recommendation that any particular (i) product, (ii) service or (iii) program, regimen, strategy or approach, or any description or summary of any of the foregoing, whether related to fitness, sports, training, nutrition, medicine, health, healing, naturopathic, psychological, recovery, rehabilitation or any other topic (collectively, the “Subject Matter”) is suitable for any specific person. You further understand that neither we nor any of the contributors, authors, bloggers, persons posting videos, reviews or comments, app providers, nor any of their affiliates are advising you personally concerning the nature, potential, value or suitability of any particular product, service or Subject Matter. All information provided on the Site is impersonal and not tailored to the particular needs of any specific person. You understand that undertaking any fitness, sports, training, nutritional, medical, medicinal, health, healing, naturopathic, psychological, recovery, rehabilitation, or any other similar, program, regimen, strategy or approach or using any products or services is subject to a number of risks, and that discussions of any particular product, service or Subject Matter published on, or made available by or through, the Site will not contain a list or description of all relevant risk factors or other similar disclosures. In addition, please note that some of the products, services or Subject Matter about which content is published on the Site may not, nor be required to, have any Food and Drug Administration or any other governmental agency approval, clearance or review.
You understand that the Site may contain opinions from time to time with regard to particular products, services or Subject Matter mentioned in other content, blogs, comments or product and service reviews on the Site and that opinions in one or more pieces of such content, blogs, comments or product and service reviews may be different from those in another piece of content, blog, comments or product and service reviews on the Site. You understand and agree that we and our employees or contractors as well as non-employees, including, without limitation, contributors, authors, bloggers, persons posting videos, reviews or comments, or any of our or their affiliates, may write or talk about companies, and their products and services, in which they or their employers or firms have an investment position or other financial or commercial interest.
From time to time, reference may be made on the Site to prior articles, videos, comments, reviews and opinions we have published. These references may be selective, may reference only a portion of an article, video, comment, review or opinion, and are likely not to be current. Any previously published information and data may not be current and should not be relied upon. In addition, you are responsible for setting the cache settings on your browser to help ensure you are receiving the most recent published content.
The Site is not intended to provide health or medical advice and nothing on the Site should be construed as such. The contents of the Site which, for clarity and not in the way of limitation, includes content on each of our pages or locations or other brand presence on social media platforms and branded hashtags including, without limitation, Facebook, Twitter, Google Plus, YouTube, Instagram, and Pinterest (collectively, our “Social Media Platforms” and each a “Social Media Platform”), such as text, documents, articles, reviews, products, software, graphics, photos, sounds, videos, interactive features, services, links, User Submissions (as defined below), third-party apps, and all other materials created by us or obtained from our licensors, contractors, contributors and other materials contained on, or made available by or through, the Site or on any of our Social Media Platforms (collectively, "Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, training, diagnosis or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding an actual or potential medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read or seen on or through the Site or on any of our Social Media Platforms. If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific tests, physicians, psychologists, professionals, providers, nutritionists, trainers, coaches, products, services, procedures, opinions, training programs, regimens, strategies or approaches that may be provided, mentioned, contained or made available on, by or through the Site or on any of our Social Media Platforms. Reliance on any information provided, mentioned, contained or made available on, by or through us or our employees, consultants, licensors, contributors, commentators or others appearing on, by or through, the Site or any of our Social Media Platforms at our invitation, or other visitors, users or contributors to the Site or any of our Social Media Platforms, is solely at your own risk.
4. Children's Privacy
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13. You may not use the Platform if you are under 13. We reserve the right to refuse access by users under certain ages, as we determine in our sole discretion from time to time.
5. Copyright, Trademarks, Linking Policy & Advertising
The Site and the Content, as well as all copyrights in the Site and the Content and the trademarks, service marks and logos contained therein are the property of Digital Advisors and its third-party licensors or providers. You may access and use the Content, and download and/or print out copies of any Content from the Site, solely for your personal, non-commercial use. If you download or print a copy of any Content for own personal use, you must retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights by using the Site or any of the Content. We reserve all rights not expressly granted in and to the Site or any of the Content. You acknowledge that you shall not copy, display, sell, license, de-compile, republish, upload, post, transmit or distribute Content from the Site to or on online bulletin boards, message boards, newsgroups, chat rooms, or anywhere else or in any other manner and that you shall not create derivative works based on, or otherwise exploit, Content without our prior written permission. Modification of the Content or use of the Content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability. If you are interested in reprinting, republishing or distributing content from the Site, you may only do so with our prior written consent. Please contact us to request any such advance written consent.
“Competitips,” “Home of the Serious Athlete” and our other names, logos, product or service names and slogans are trademarks that are owned or licensed by Digital Advisors LLC and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product or service names, company names, logos or slogans mentioned or shown on the Site are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply our endorsement, sponsorship or recommendation.
You understand and agree that we may be a participant in affiliate advertising programs designed to provide a means for websites, apps, or services to earn advertising fees by advertising and linking to third party sites. The Site or Content may contain third party content and links to other websites that are independent of this Site. Third-party content and links are included solely for the convenience of users and do not constitute any approval, endorsement or warranty by us. Moreover, we are not responsible for the accuracy, completeness, or reliability of third-party information, or the products or services offered or sold by, on or through any linked websites and you assume sole responsibility for the use of third-party information. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or appropriateness of any third party content, advertising, products, services, or information located on the Site, in any of the Content or on any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. Similarly, while we will endeavor to facilitate the provision of quality apps, we are not responsible for any loss or damages caused or alleged to have been caused by their use. Any agreements, transactions, or other arrangements made between you and any third party are made solely at your own risk. When you click on a third-party link, you will leave the Site. Any personal information you submit on the resulting site will not be collected or controlled by us but will be subject to the privacy notice or terms of use of the resulting site. Please review the privacy policy and terms of use of the resulting site for more information on its privacy practices.
We may include advertisements provided by us, our affiliates, advertisers and/or other third parties, which may be targeted based on and to: (i) the Content on the Site, (ii) any use of, or interaction with, such Content by you or others, (iii) Content queries made through the Site or (iv) other information. The types and extent of advertising on the Site are subject to change. In consideration for us granting you access to and use of the Site, you agree that we and our third party providers, affiliates, advertisers, contributors, partners and others may place such advertising on the Site or in connection with the display of Content whether submitted by you, us or others. You agree that you will look only to, and seek any recourse or remedies only from, any such applicable third parties if any third party advertisements on the Site are inaccurate or not in compliance with applicable laws or standards. We are not responsible for the illegality or any error, inaccuracy or problem in any third party advertisements or sponsor materials. Additionally, we are not responsible for any error, inaccuracy or problem in any of our advertising due to any computer, electronic or human error. We are not responsible for examining or evaluating, and we do not warrant, the offerings or content of any third party. You understand and agree that contributors of Content available on the Site may also be advertisers or be otherwise affiliated with us or may be employed or otherwise affiliated with any such parties.
This section shall survive any termination of these TOU.
6. User Conduct
In connection with your use of the Site and its services (including, without limitation, by posting comments, materials or content or sending messages, whether public or private, to other registered users of the Site, if such capability is made available on, by or through the Site), you agree to not:
Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
Use the Site for any unlawful purpose;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
Disable, damage or alter the functioning or appearance of the Site, including the presentation of advertising;
"Frame" or "mirror" any part of the Site without our prior written authorization;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine", "scrape", "harvest" or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
Harvest or collect information about visitors to the Site without their express consent and our prior express written consent;
Send unsolicited or unauthorized advertisements, spam, chain letters, or other similar communications to other users of the Site; or
Transmit any material which contains software viruses, or other harmful computer code, files or programs.
You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and the Content. We aim to prevent, detect and not knowingly facilitate illegal activities. You may not use the Site in a manner which violates, or causes us to violate, our legal or regulatory obligations.
We reserve the right to close, suspend or limit your access to your account and/or the Site in the event we determine, in our sole and absolute discretion, that your use violates, or does or may cause us to violate, such obligations or, if after reasonable inquiry, we are unable to obtain information about you which is required to verify your identity. We may require you to provide additional information or documents to verify your identity, including your date of birth, physical address, government issued identification document or other information that will allow us to reasonably identify you.
In order to access some of the services of the Site, you will have to sign up and create an account using our registration process. By signing up and creating this account you agree to the following:
You may only maintain a single account;
You may never share your account user name or password or knowingly provide or authorize access to your account (including, without limitation, a "Subscription", as defined below in Section 18);
You may never use another user's account without permission;
When creating your account, you must provide accurate and complete information;
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure;
You must notify us immediately of any breach of security or unauthorized use of your account.
You will be liable for any use made of your account or password and any losses we or others may incur due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account.
We have the right to terminate your access to the Site, in our sole discretion at any time. We reserve the right to reclaim usernames for any reason including, but not limited to, instances where a business or individual holds trademark rights or other legal claims in those usernames.
7. Overview of Posting User Submissions & Monitoring Content
The Site contains functionality and other interactive areas that may include, without limitation: blogs, comments, message and discussion boards, postings, user reviews of various products, services and service providers, etc. (collectively "General Access Areas") that allow users to post or upload content and other information and communications including, without limitation: articles, comments, images, photos, videos, audio, messages, questions, answers, responses, reviews and other materials (collectively, the “User Submissions” and each a “User Submission”). Users may also upload User Submissions via the Social Media Platforms. You agree that you will not post, upload, or transmit any User Submissions of any type to the General Access Areas, Social Media Platforms or any other part of the Site that infringe or violate any rights of any party. By submitting communications or User Submissions to the General Access Areas, Social Media Platforms or any other parts of the Site, you agree to comply with the TOU and our other applicable policies and standards including, without limitation, our Review Policy. We reserve the right to remove User Submissions for any reason including, but not limited to, User Submissions that we believe violate the TOU or our other policies, such as our Review Policy. By submitting any communications or User Submissions to the General Access Areas, Social Media Platforms or other parts of the Site, you further agree that such submissions are non-confidential for all purposes. It is important to note that we are not responsible for the operation, terms of use or policies of any Social Media Platform. Before using any Social Media Platform you should review its terms of use and policies, including its privacy policy. You understand and agree that we may charge people for use any portion of the Site including, without limitation, any or all of the General Access Areas and that you are not claiming, and shall not be entitled to, any compensation or remuneration for any submission to the Site. You acknowledge and agree that when you submit any User Submissions, you are doing so voluntarily and because you find value in doing so, which may include factors such as, but not limited to: the value in this forum to express your views, the value you derive in engaging in an interactive discussion and/or in developing your personal interest, expertise, name recognition in/association with, a particular area you are discussing in your submission. You acknowledge and agree that the elements contained in the immediately preceding sentence shall be deemed sufficient and adequate consideration for the robust rights you are granting us herein to your submissions.
You agree that you will not post or upload any User Submissions or send or transmit to us by email or otherwise (including, without limitation, through the email addresses listed on our "Contact Us" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to us by any means, you agree such submission is non-confidential for all purposes.
If you post or upload User Submissions to a Public Area, Social Media Platform or any other part of the Site or if you submit any business information, idea, concept or invention to us by email or otherwise, you automatically grant, or warrant that the owner of such content or intellectual property has expressly granted, Digital Advisors a royalty-free, perpetual, irrevocable, worldwide, non-exclusive (unless you have checked the Exclusive box when submitting Content to us as a Contributor, in which case the license to us is exclusive), transferrable, fully sublicensable right and license to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and publicly display such submission in any media or medium, or any form, format, or forum now known or hereafter developed. Digital Advisors may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the General Access Areas, Social Media Platforms or any other part of the Site or to us by email or otherwise. We are not always able to answer every email or other communication in a timely manner.
The Site may allow public and, if and when available, private messages to be sent to other registered users through the Site's messaging system including, without limitation, from those who give permission to us to post their content and the hosting, sharing and publishing of such submissions on the Site. We have the right in our sole discretion and without further notice to you, to monitor, censor, edit, move, delete, and/or remove any and all such content posted on the Site or any content transmitted by direct messaging or by any other method to or from your user account at any time and for any reason. Without limiting the foregoing, we have the right to record, preserve and/or delete any comment or content that we believe, in our sole discretion, does or may violate the TOU or in the event we believe you violated the TOU.
You agree to only post or upload User Submissions on any part of the Site, including, without limitation, on a Social Media Platform, that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy, or any other rights of any other person or entity.
You agree that you will not submit any User Submissions that contains Personally Identifiable Information (like name, phone number or email address) of any party. Uploading User Submissions like images or video of other people without their permission is strictly prohibited.
By uploading User Submissions on the Site including, without limitation, on any Social Media Platform, you warrant that you have permission from all persons appearing in your User Submissions for you to make this contribution and grant of rights described herein. Never post a picture, video or audio of or with someone else unless you have their explicit permission.
It is strictly prohibited for you to post or upload User Submissions of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography or that are sexually explicit or any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the TOU or the Privacy Policy.
You agree that you will not post or upload 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 this Site.
By uploading any User Submissions on the Site including, without limitation, on any Social Media Platform: (a) you grant to Digital Advisors a perpetual, irrevocable, non-exclusive (unless you have checked the Exclusive box when submitting Content to us as a Contributor, in which case the license to us is exclusive), worldwide, royalty-free, transferable, fully sublicensable right and license to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute such User Submissions and any material included in such User Submissions; (b) you certify that any person pictured or whose voice is contained in the User Submissions (or, if a minor, his/her parent/legal guardian) authorizes us to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the User Submissions; and (c) you agree to indemnify Digital Advisors and its affiliates, assignees, licensees, directors, officers, LLC members and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the User Submissions and/or your failure to comply with these TOU.
While nothing contained herein shall obligate us to do so, we reserve the right to review any or all User Submissions prior to submission to the Site and to remove any User Submissions, or part thereof, for any reason, at any time, without prior notice, at our sole discretion.
In addition to any other rights we have under this TOU or under applicable law, we reserve the right to remove any and all Content that violates any of the following principles, as determined by us, in our sole and absolute discretion:
No incitement to hatred. Material that promotes hatred toward groups based on race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation/gender identity may be removed;
No pornography or pedophilia;
No direct or veiled threats against any person or group of people;
No copyright infringement;
No plagiarism. This includes posting content verbatim from other sources without proper attribution and/or repurposing content from other sources and presenting it without reference to the content's creator;
No publishing of other people's personal information, such as credit card numbers, Social Security Numbers, and driver's and other license numbers;
No impersonation of others in a manner that is intended to or does mislead or confuse others;
No use for unlawful purposes or for promotion of dangerous and illegal activities (Your account may be terminated and you may be reported to the appropriate authorities.);
No spamming, link-spamming or transmitting malware and viruses;
No personal attacks;
No profanity or vulgarity;
No business solicitations or advertising not clearly approved in writing in advance by Digital Advisors; and
No inappropriate, unethical or misleading behavior or posting of any content that may be deemed by Digital Advisors, in its sole and absolute discretion, to be likely to bring disrepute, ridicule or other harm or damages to Digital Advisors, or its suppliers, assignees, licensees, the Site’s users or our other constituents.
Important note: we encourage civil, thought-provoking debate and idea-sharing among athletes, coaches, trainers, sport followers and others. In order to maintain a level of discourse appropriate for our user base, we are strongly opposed to trolling, uncivilized discussion, mudslinging, inappropriate language, and blanket dismissal of others' ideas. At our discretion, we may delete comments, reviews and other content and block/delete accounts of users we believe lower the level of discourse and courtesy we strive to engender.
Moderating decisions are subjective and we try to make them carefully and consistently. Due to the volume of content, however, we shall not be obligated to review moderation decisions with users or reverse our decisions.
Our blogs, reviews and other content on the Site are intended to serve as a discussion center for thoughtful users who make their own service, product and professional provider selection decisions. If a contributor has a business relationship with a company named in an article, post, review or video that he or she has authored or created, we require that contributor disclose that relationship.
Without derogating from the above, we, in our sole discretion, may refrain from posting, or may remove, User Submissions or other content that violates these standards or which we determine are otherwise inappropriate. These standards are designed to help achieve dialogue on the Site that is credible, responsible, intelligent and informative. We cannot guarantee that users will tell the truth, and we are not obligated to monitor the veracity of the content of any posts. However, by setting out the above guidelines, we hope to raise the credibility of the discussion and foster a spirit of open, honest exchanges of information.
If you have any comments on our policies, or complaints or concerns of any kind about the Content please contact us at support@competitips.com. While we will attempt to review the information that you communicate to us, we may not be able to take action or respond, in a timely manner or at all, directly to each email.
8. Additional Conduct & Obligations Relating to User Submissions and Use of Site
When you submit any User Submissions on the Site you agree to:
Only post content that contributes in a positive and high quality manner to the substantive exchange of information and the subject matter of the Site.
Automatically grant us a royalty-free, perpetual, worldwide, irrevocable, non-exclusive (unless you have checked the Exclusive box when submitting Content as a Contributor, in which case the license to us is exclusive) and fully transferable and sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any User Submissions (in whole or in part) and/or to incorporate any User Submissions in other works now or in the future and in any media formats and through any media channels, and you confirm and warrant to us that you own the copyright in all of your User Submissions and have all the rights, power and authority necessary to grant the above license and rights.
If you provide any feedback or suggestions to us regarding the Site or our services, including, without limitation, in response to a survey or in connection with particular User Submissions (collectively, "Feedback"), we may use such Feedback for any purpose including, without limitation, to provide it to contributors and others. In order that we may incorporate such Feedback into the Site and/or our products or services, we alone will own all right, title and interest, including all related intellectual property rights, in and to all such Feedback and you hereby assign such Feedback to us free of charge.
When you post any User Submissions on the Site, you also agree to abide by the following disclosure rules:
To disclose the existence at the time of writing about a company or its products or services of a material ownership or other monetary interest or material business arrangement in or with any such company mentioned in any such User Submissions;
Abide by the following conflict of interest rule: You will disclose any material relationships with companies whose products or services you write, talk about or review in any User Submissions or parties that stand to gain in any way from the viewpoint you are outlining. Examples: You must disclose if you are employed by a company whose products or services you are posting, writing or talking about or reviewing; perform consulting for a company whose products or services you post, write or talk about or review; receive paid advertising revenue or any other form of sponsorship fee, influencer or referral type fee from a company whose products or services you post, write or talk about or review;
While not recommended by us, if you end up signing up in a name other than your own actual name (an “alias”), you agree that you shall be responsible for all statements made and acts or omissions that occur by use of your alias;
Waive any and all rights against us and hold us harmless in connection with any claims relating to any action taken by us as part of its investigation of a suspected violation or result of its conclusion that a violation of these TOU has occurred, including but not limited to the removal of User Submissions from the Site or a suspension or termination of your access to the Site; and
Maintain and promptly update your registration data to keep it true, accurate, current and complete.
You agree not to:
Choose an alias that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, hatefully, racially, ethnically or otherwise or objectionable;
Post or transmit any User Submissions that you either know or should know are false, deceptive or misleading, or misrepresent or deceive others as to the source, accuracy, integrity or completeness of any comment or other content you post;
Post or transmit any User Submissions that are unlawful, harmful or injurious to others, contain software viruses, or other harmful computer code, files or programs or language or images that are, or may be perceived to be, threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, hateful, racial or otherwise tortious or objectionable;
Post or transmit any User Submissions that do, or may, invade the privacy or violate or infringe on any rights of others, including, without limitation, copyrights and other intellectual property rights;
By use of an alias or otherwise in any comment, impersonate any person or entity, falsely or deceptively state, infer or otherwise misrepresent your affiliation with or connection to any person or entity;
Post or transmit any User Submissions which, either by the act of posting or by the comment or content itself, you do not have a right to do under any law, regulation or order of any court, or as a result of an employment, contractual, fiduciary or other legal obligation or relationship;
Post or transmit any advertising, promotional materials, so called "chain letters," "pyramid" or other schemes or invitations to participate in these or any other form of solicitation or promotion;
Post or transmit any non-public or otherwise restricted, confidential or proprietary information without authorization; or
Violate any local, state, national or international law, rule, regulation or order of any court.
Contests, sweepstakes and other similar promotions that you enter on the Site or in connection with our products or services integrated with a third-party website, service, application, platform, and/or content (“Periodic Promotions”) may be subject to official rules and/or conditions that are supplemental to the Terms of Use, and which may provide details governing such Periodic Promotion such as eligibility requirements, entry instructions, deadlines, prize information and restrictions. If you wish to participate in any Periodic Promotions, please first review the applicable promotion official rules and/or conditions. Your entry into a Periodic Promotion constitutes a User Submission and is subject to all provisions of the Terms of Use that govern your submissions and our use of your User Submission.
In order for us to provide our services and in accordance with our Privacy Policy, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
9. Caveats
While we believe that the Site can and should be a positive environment for the exchange of information, you understand that the Site is open for posting to many users and some individuals may post comments that may be offensive, indecent, objectionable, false, misleading or simply inappropriate.
10. Responsibility for User Submissions
Each individual who submits a User Submission, whether published on the Site or not, is solely responsible for her or his own acts, including the content, context or information in the User Submission he or she submits. This means that each individual, and not Digital Advisors, is entirely responsible for anything and everything she or he posts on the Site including, without limitation, on Social Media Platforms. We do not, nor do we intend to, pre-screen any comments or reviews posted on the Site and we cannot and do not guarantee the accuracy, integrity or quality of anything that may appear on the Site.
11. Disclosure
We reserve the right to access, read, monitor, preserve, edit, remove and/or disclose any User Submissions (whether published or not) or any other information on the Site including, without limitation, on Social Media Platforms for any reason including, without limitation, in order to (a) comply with any applicable law, regulation, legal process, subpoena or governmental or regulatory request, (b) enforce the TOU, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, (e) protect the rights, property or safety of Digital Advisors, the Site, its users, yourself or the public, (f) record the dialogue in any chat rooms or areas, (g) terminate a user's access to any or all areas of the Site including, without limitation, on Social Media Platforms upon any breach of the TOU or (h) edit or delete any User Submissions, regardless of whether such communication(s) violate these standards.
Digital Advisors and its licensors have no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.
12. Disclaimer of Warranties
THE SITE, THE CONTENT AND ANY PRODUCT, SERVICE, REVIEW OR ADVICE OBTAINED ON, OR ACCESSED THROUGH, THE SITE OR ON OUR SOCIAL MEDIA PLATFORMS, IS PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIGITAL ADVISORS AND ITS OFFICERS, DIRECTORS, MANAGING MEMBERS, OTHER LLC MEMBERS, EMPLOYEES, AFFILIATES, LICENSEES, SUPPLIERS, ADVERTISERS, AGENTS, INFORMATION PROVIDERS AND ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING, COMPILING OR MAINTENANCE OF THE SITE INCLUDING, WITHOUT LIMITATION, OUR SOCIAL MEDIA PLATFORMS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES RELATING TO THE ORIGINALITY, ADEQUACY, ACCURACY, TIMELINESS, MERCHANTABILITY OR COMPLETENESS OF ANY INFORMATION ON OUR SITE OR ON OUR SOCIAL MEDIA PLATFORMS. Some jurisdictions do not allow the exclusion of implied warranties, so the exclusions contained herein may not apply to you.
Completeness, accuracy, timeliness, or adequacy of material on the Site INCLUDING, WITHOUT LIMITATION, ON OUR SOCIAL MEDIA PLATFORMS cannot be guaranteed and DIGIAL ADVISORS does not assume any responsibility or liability for the accuracy, completeness or authenticity of any information contained on the Site INCLUDING, WITHOUT LIMITATION, ON SOCIAL MEDIA PLATFORMS. Reference to any product, organization, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by DIGITAL ADVISORS.
The Internet may be subject to breaches of security. DIGITAL ADVISORS is not responsible for any resulting damage to any user’s device or computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure, and you should consider this before e-mailing DIGITAL ADVISORS any information or posting OR UPLOADING ANY information to the Site INCLUDING, WITHOUT LIMITATION, ON SOCIAL MEDIA PLATFORMS. DIGITAL ADVISORS makes no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of the Site INCLUDING, WITHOUT LIMITATION, ON SOCIAL MEDIA PLATFORMS. The Site INCLUDING, WITHOUT LIMITATION, THE SOCIAL MEDIA PLATFORMS may be temporarily unavailable due to maintenance or malfunction of computer OR OTHER equipment OR HUMAN ERROR.
DIGITAL ADVISORS AND ITS OFFICERS, DIRECTORS, MANAGING MEMBERS, OTHER LLC MEMBERS, EMPLOYEES, AFFILIATES, LICENSEES, SUPPLIERS, AGENTS, SPONSORS, INFORMATION PROVIDERS AND ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING, COMPILING OR MAINTENANCE OF THE SITE INCLUDING, WITHOUT LIMITATION, THE SOCIAL MEDIA PLATFORMS DO NOT WARRANT THAT YOUR USE OF THE SITE INCLUDING, WITHOUT LIMITATION, THE SOCIAL MEDIA PLATFORMS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SITE INCLDUING, WITHOUT LIMITATION, THE SOCIAL MEDIA PLATFORMS OR THE SERVER(S) ON WHICH ANY OF THEM ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE INLCUDING, WITHOUT LIMITATION, THE SOCIAL MEDIA PLATFORMS AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF DIGITAL ADVISORS OR ITS OFFICERS, DIRECTORS, MANAGING MEMBERS, OTHER LLC MEMBERS, EMPLOYEES, AFFILIATES, LICENSEES, SUPPLIERS, AGENTS, SPONSORS, INFORMATION PROVIDERS OR VISITORS, WHETHER MADE ON THE SITE OR ON THE SOCIAL MEDIA PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS DIGITAL ADVISORS’ LIABILITY FOR ANY MATTER FOR WHICH IT WOULD BE ILLEGAL FOR DIGITAL ADVISORS TO EXCLUDE OR ATTEMPT TO EXCLUDE ITS LIABILITY.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER DIGIAL ADVISORS NOR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGING MEMBERS, OTHER LLC MEMBERS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS, SPONSORS, INFORMATION PROVIDERS, LICENSEES NOR ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING, COMPILING OR MAINTENANCE OF THE SITE OR OUR SOCIAL MEDIA PLATFORMS ARE LIABLE FOR PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS, LOST SAVINGS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE INCLUDING, WITHOUT LIMITATION, THE SOCIAL MEDIA PLATFORMS AND/OR ANY CONTENT THEREON OR ANY PRODUCT, SERVICE, REVIEW OR ADVICE USED, PURCHASED OR ACCESSED ON, BY OR THROUGH THE SITE INCLUDING, WITHOUT LIMITATION, THE SOCIAL MEDIA PLATFORMS. SUCH LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, EVEN IF DIGITAL ADVISORS, ITS INFORMATION PROVIDERS, LICENSEES OR ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING, COMPILING OR MAINTAINING OF ANY PART OF THE SITE HAS BEEN ADVISED OF OR OTHERWISE MIGHT HAVE ANTICIPATED THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF DIGITAL ADVISORS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY OR NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE LESSER OF (i) THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE OR ANY SERVICES, DURING THE PREVIOUS SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM AND (II) US$1. Any claims BY YOU arising in connection with your use of the Site, OUR SOCIAL MEDIA PLATFORMS, OR any Content must be brought BY YOU within one (1) year of the date the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and YOUR REMEDIES are limited to those expressly provided for in these TOU.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. NOTHING IN THESE TERMS EXCLUDES OR LIMITS DIGITAL ADVISORS’ LIABILITY FOR ANY MATTER FOR WHICH IT WOULD BE ILLEGAL FOR DIGITAL ADVISORS TO EXCLUDE OR ATTEMPT TO EXCLUDE ITS LIABILITY.
14. Indemnification & Release
As a condition of your use of the Site, you agree to indemnify, defend and hold Digital Advisors, its officers, directors, managing members, other LLC members, employees, agents, representatives, information providers, licensees and any other third party involved in or related to the making, compiling or maintenance of the Site or our Social Media Platforms harmless from and against any and all claims, damages, losses, costs (including, without limitation, reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the TOU; (b) your use or any third party’s use of, or inability to use, the Site; (c) your violation of the rights of any third party, (d) your violation of any applicable law, rules or regulations or (d) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these TOU and your use of the Site.
To the fullest extent permitted by applicable law, you release Digital Advisors, its officers, directors, managing members, other LLC members, employees, agents, representatives, information providers, licensees and any other third party involved in or related to the making, compiling or maintenance of the Site or our Social Media Platforms from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, without limitation, claims of negligence), arising out of or related to: (i) disputes between users of the Site or (ii) the acts or omissions of third parties.
If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
15. Termination
In addition to, and not in lieu of, any other rights Digital Advisors may have under the TOU, you understand and agree that Digital Advisors may, without prior notice to you, terminate your access to and use of the Site. Some examples of where we may, in our discretion, do this include but are not limited to (i) your breaches or violations, or threatened breaches or violations, of the TOU or other agreements, policies, standards, laws, rules or regulations (ii) requests by law enforcement or other government or regulatory authorities or (iii) violation, alleged violation or threatened violation of third party copyrights or other intellectual property. We may also terminate your access to and use of the Site based on a change in our business strategy, site structure or offerings, change in laws, rules or regulations or if we discontinue certain services.
16. Copyright Policy
We respect the intellectual property of others, and we ask our users to do the same. We may, at our sole discretion, terminate the account or access of users who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
16.1: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
16.2: a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
16.3: a description of where the material that you claim is infringing is located on the Site, including the URL;
16.4: your address, telephone number, and email address;
16.5: a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
16.6: a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Digital Advisors' Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By mail:
Digital Advisors LLC
c/o Copyright Agent
PO Box 1831
New Rochelle, NY 10802
By email: copyright@competitips.com
Please also note that under Section 512(f) of the Digital Millennium Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
17. Additional Terms that Apply to the Competitips iPhone® Mobile Application
By downloading the Competitips mobile application, if and when available, on your iPhone® mobile device (the "Licensed Application"), your use of the Licensed Application is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you download the Licensed Application. In addition, you agree to the following terms:
You acknowledge that these TOU are entered into by and between you and Digital Advisors LLC exclusively and not with Apple, Inc. or its subsidiaries ("Apple").
Any appearance of the word "Site" in these TOU is also intended, where appropriate, to include, and hereby includes, a reference to the Licensed Application.
As between Digital Advisors and Apple, we are exclusively responsible for the Licensed Application and its content, unless specifically noted otherwise in these TOU,
Digital Advisors grants you a nontransferable, nonexclusive, royalty-free, fully paid, worldwide license (without the right to sublicense) to install and use one copy of the Licensed Application, in executable object code format only, solely on your iPhone® mobile device.
Except as required by applicable law, you acknowledge that neither Digital Advisors nor Apple are obligated to maintain or support the Licensed Application. Notwithstanding the foregoing, from time to time, we may provide updates or upgrades to the Licensed Application (each a "Revision"), but we are not under any obligation to do so. Such Revisions will be supplied according to Digital Advisors’ then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the Licensed Application. All references herein to the Licensed Application shall include Revisions. These TOU shall govern any Revisions that replace or supplement the original Licensed Application unless the Revision is accompanied by a separate license agreement which will govern the Revision.
Currently, we do not charge for your use of the Licensed Application, however, your use of the Licensed Application requires and utilizes internet connection or data access. To the extent that a third party service provider or carrier charges for your internet or data usage, you agree to be solely responsible for those charges.
In the event of any failure of the Licensed Application to conform to any applicable warranty provided herein, you may notify Apple, and Apple will refund the purchase price, if any, for the Licensed Application to you. Furthermore, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Licensed Application to conform to any warranty.
To the extent that a claim is permitted pursuant to these TOU, Digital Advisors, and not Apple, is responsible for addressing your claims or those of any third party relating to the Licensed Application or your possession and/or use of the Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Similarly, if there is a third party claim that the Licensed Application or Your possession and use of the Licensed Application infringes a third party's intellectual property rights, Digital Advisors, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
Apple is an intended third-party beneficiary of this Section 17, Additional Terms. You acknowledge that Apple will have the right (and will be deemed to have accepted the right) to enforce any of the terms or conditions of this Section 17 against you as a third-party beneficiary of this Section 17.
18. Additional Terms that Apply to Digital Advisors’ Paid Subscriptions
By subscribing to any Digital Advisors’ subscription products (the “Subscription”), you agree to pay the applicable Subscription fees set forth on the Site. We reserve the right to revise Subscription fees upon reasonable notice.
We remind you that all the rules applicable to setting up an account under Section 6 above (entitled, "User Conduct") apply to your Subscriptions.
Unless we notify you in writing otherwise, you are not permitted to share Content available through your Subscriptions.
Unless stated otherwise in writing, Subscription fees are nonrefundable.
We reserve the right to cancel a Subscription at any time. If we cancel a Subscription due to a breach of these TOU, you will not be eligible for any refund.
If any Subscription allows for downloading any content or materials, then you may download any such content or materials to a desktop/computing device used solely for your individual use and not for any centralized, interdepartmental or shared use. Once downloaded to your computing device, such content or materials must remain on such computing device and may not be uploaded, copied or transferred to, or stored or managed in, any other desktop/computing device, including that of another user of the Site, or any device, directory, database or other repository that is shared or can be accessed by others (e.g. the download functionality may not be used to populate master security databases).
19. DISPUTE RESOLUTION. Certain portions of this Section 19 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Digital Advisors agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
A. First – Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Site, the Content, any of your submissions or these TOU, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of Digital Advisors’ actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section (D) below), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such contact information exists or if such information is not current, then we have no obligation under this Section (A). Your notice to us must be sent to: Digital Advisors LLC, PO Box 1831, New Rochelle NY 10802 (Attn: Legal Notice). For a period of sixty (60) days from the date of receipt of notice from the other party, Digital Advisors and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Digital Advisors to resolve the Dispute or Excluded Dispute on terms with respect to which you and Digital Advisors, in each of our sole respective discretion, are not comfortable.
B. Binding Arbitration. If we cannot resolve a Dispute as set forth in Section (A) (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND DIGITAL ADVISORS MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON THE SITE OR ANY PRODUCT, APPLICATION, SERVICE OR ADVERTISING CONNECTED TO THE PROVISION OR USE OF THE SITE (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT - INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, STRICT LIABILITY, FRAUD, ANY OTHER INTENTIONAL TORT OR COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY - AND WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS OF USE. The Federal Arbitration Act (“FAA”) shall govern the arbitrability of all disputes between Digital Advisors and you regarding these Terms of Use and the Site, including the “No Class Action Matters” Section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Digital Advisors and you agree, however, that Connecticut or federal law shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and Digital Advisors regarding these Terms of Use and the Site, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to Connecticut’s choice of law principles.
A Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”), except as modified herein, and in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. The arbitration will be administered by the AAA. If an in-person arbitration hearing is required, Arbitration proceedings will be held in the City of Stamford, County of Fairfield, CT unless you are a consumer, in which case you may elect to hold the arbitration in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. For purposes of this Section 19, a “consumer” means a person using the Site for personal, family or household purposes. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Digital Advisors to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then Digital Advisors will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will apply and be bound by these TOU, and will determine any Dispute according to applicable law and facts based upon the recor
Posted On: Mar 9, 2020
