Website Terms of Use

Last updated in April, 2018

 

Welcome to the website (“Site”) of SyFi, LLC (“SyFi”)! We built this Site to facilitate your access to various resources & services provided by SyFi and other service providers SyFi has contracted with. Please read and agree to these Terms of Use, Disclaimers, Disclosures, and Website Privacy Policy to use this Site and services offered. Thank you!

 

Terms of Use Agreement:

1. Description of Services

SyFi is an Oregon Registered Investment Advisor (RIA). We provide investment advisory services under one or more agreements that are separate and distinct from this Agreement. To learn more about these service, please read our ADV Part 2 Brochure available through FINRA’s BrokerCheck service, and available to all SyFi customers prior to entering into an advisory service agreement.

 

SyFi is an Oregon Insurance Agency. We provide Life & Health Insurance services to residents of Oregon & Washington. The terms of these services will be articulated in one or more agreements that are separate and distinct from this Agreement, and are specific to the insurance services offered.

 

While SyFi does provide insurance and advisory services to customers who have signed separate agreements for those services, not all of the services that we provide are insurance or advisory services.

 

We provide access to technology to help with the organization and management of your finances. We provide free access to a platform called eSyFi℠ that you are able to use subject to a separate Terms of Use Agreement for that service.

 

We may also provide other services, including but not limited to seminars, webinars and financial modeling services that are not advisory in nature. Please refer to our ADV Part 2 Brochure for more information about the services we provide.

 

 2. About SyFi

SyFi is an Oregon Limited Liability Company, established in July 2016, and headquartered in Portland, Oregon.

 

3. Agreement and Acceptance of Terms

This Terms of Use Agreement, along with any Disclosures, Disclaimers, Website Privacy Policy, addendums or amendments hereto, as may be amended or modified from time to time (collectively, this “Agreement”) constitutes an agreement between you and SyFi which sets forth the terms and conditions applicable to your access and use of our Site and Services we offer to you or through our representatives. In this Agreement, we refer to those who use our Services collectively as “Users”.

 

Some of our Services are provided through SyFi and others through companies contracted by SyFi. Additionally, SyFi may provide investment advisory services to Customers. Any Investment advisory services SyFi provides to customers are made available through separate and distinct agreements between Customers and SyFi for those Services.

 

Your use of the Site and/or Services is subject to our Website Privacy Policy, which addresses how we obtain, use, disclose and maintain your personal information.

Please read this Agreement and our Website Privacy Policy carefully. THIS AGREEMENT REQUIRES ALL DISPUTES TO BE RESOLVED BY WAY OF BINDING ARBITRATION.

 

By accessing or using the Site or any Service, you understand and agree to be bound by the terms and conditions of this Agreement and the Website Privacy Policy as they may be amended from time to time in the future. If you do not agree to this Agreement, then you may not use the Site of the Services. You agree that:

  • You are able to enter into legally binding contracts, and you agree that this Agreement legally binds you in the same way that a written, signed, paper contract does. You may not use the Site or Services in any manner or attempt to access the Site or any Service if you are not willing to be bound and abide by this Agreement.

  • You are a resident of the United States of America, and are accessing the Site and Services from a state or territory of the United States of America. This Site and Service is not intended for use by residents of any other countries besides the United States of America, and is restricted from such unauthorized use.

  • WE ARE NOT RESPONSIBLE FOR THE ACCURACY OF THE DATA THAT IS DISPLAYED OR REPORTED THROUGH eSyFi℠ OR ANY OTHER SERVICE. While eSyFi℠ and other Services provided by SyFi may provide assistance in helping you manage your finances, you should consult with a professional financial advisor before making investment decisions or deciding on significant changes to your personal financial strategy.

  • We reserve the right to change or modify any part of this Agreement including our  Website  Privacy Policy, as well as modify or discontinue any portion of the Services or features and functionality provided through the Site, from time to time. If we decide to change this Agreement or our  Website  Privacy Policy, we will post such changes on the Site, and such changes will be effective upon the posting of the updated Agreement or Website Privacy Policy. We reserve the right to change, limit or remove your access to eSyFi℠, any feature thereof, or any Service, with or without prior notice to you. You agree that we shall not be liable to you or any third-party for any changes to eSyFi℠, the Services, this Agreement, or your access to eSyFi℠ or other Services.

eSyFi℠ and other Services are only intended to be accessed and used by individuals that have reached the legal age of majority in the jurisdiction where they are located, which may be 18 years of age or older, depending on the jurisdiction. You may not use or access the Site, eSyFi℠, or any other Service unless you have reached the legal age of majority in the jurisdiction where you are located.

 

4. Electronic Communications Consent

By providing your email to us for your use of Services we provide, you consent to receive notices about our Services electronically. Electronic communications may be posted on our Site and/or delivered to the email address that you have provided. All communications in electronic format will be considered to be in “writing,” and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the communication. Your consent to receive communications electronically is valid until you end your relationship with SyFi. It is your responsibility to provide us with true, accurate and complete e-mail addresses, contact information and other information related to this disclosure and to maintain and promptly update us with any address changes that you would like us to use to update your address information. We reserve the right to terminate or change the terms and conditions on which we provide electronic communications and will provide you notice thereof in accordance with applicable law.

 

5. Cost of Service

Your use of eSyFi℠ is offered free of charge. We may offer you additional services which you may elect to or not to participate in, for a fee. SyFi reserves the right, in its sole discretion, to amend or change it pricing policy for its current Services or any additional services that we may offer.

 

6. Other Obligations For Use of the Site & Services

Confidentiality: You agree and understand that you are responsible for maintaining the confidentiality of your Account’s login information and password. You should also maintain appropriate anti-virus and anti-malware software on your computer, so that your Account login information is not compromised. If you receive evidence that someone has committed fraud by accessing your Account, or has unauthorized access to your login information, you must contact us IMMEDIATELY at info@syfi.me.

 

Accurate and Up-to-Date Information: Our Services depend on your providing us with complete, accurate and up-to-date information, both now and in the future about yourself and your accounts. In turn, we will provide you with online security as described in our Website Privacy Policy. Those assurances are conditioned upon your provision of correct contact and account information to us, and never misrepresenting to us your identity or account registration information (e.g., for the use of your third-party websites and accounts).

 

You agree that you will NOT do any of the following: (i) engage in behavior that will put your personal information at unnecessary risk, such as leaving, transmitting, or publishing your Login or passwords; (ii) use eSyFi℠, our Services or any of your accounts for illegal purposes, (iii) use eSyFi℠ or our Services to transmit anything that is unlawful, libelous, intended to harass or violate the rights of another; (iv) resell or make any commercial use of eSyFi℠ or our Services, as they are intended solely for your use as an end user; (v) reverse engineer or decompile any technology associated with eSyFi℠ or our Services, including but not limited to any software applications or plug-ins associated with the Services; (vi) use any robot, spider, webcrawler, scraper, deep link or similar automated extraction or data gathering mechanism, program or tool to access, copy or monitor eSyFi℠ or our Services or any portion thereof without our prior written consent; (vii) post or transmit any file or email which contains viruses, worms, Trojan horses or any other damaging or destructive elements; (viii) create/register accounts or aggregate financial institutions with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper; or ix) transfer or resell eSyFi℠ or any of our Services without without our prior written consent.

 

Consent to Recording. You consent to the recording of any electronic or written correspondence and any or all telephone conversations between you, us and any of our affiliates in connection with this Agreement or the Services and agree and understand that recordings may be submitted in evidence in any legal proceeding relating to this Agreement. For compliance and regulatory purposes, we reserve the right to keep an audit trail of all investment advice that we provided to you.

 

7. Confidentiality and Feedback

We always welcome your correspondence, feedback, comments, complaints and suggestions (collectively, “Feedback”) as this will help us improve our Services. You agree that all Feedback becomes our confidential information (“Confidential Information”). In addition, any of our trade secrets, computer software, product specifications as well as any non-public technical, financial or business information that we share with you is also our Confidential Information. You agree not to disclose or share any of our Confidential Information with any third-party, including, without limitation, any members of the press or colleagues. Feedback may be submitted to compliance@syfi.me using the subject line “Feedback”.

 

8. Third-Party Software and Service Providers

To provide you with the eSyFi℠ platform, as well as provide you with our other Services, we license software, tools and various services from third-party providers. From time to time, we may revise this Agreement as requested by our third-party providers and require that you agree to additional pass-through terms with respect to such third-party providers. In the event that any use of the services of such third-party providers results in you leaving our Site and entering the site of a third-party provider, you will be subject to the terms of service or use and the privacy policy of such third-party provider, so please review such terms carefully. Also, when you use or access the sites of your financial services providers, you will be subject to their terms of use/service and online policies, and your use of their services constitutes your agreement to their online terms and policies. SyFi may provide experiences on social media platforms such as LinkedIn® that enable online sharing and collaboration among Users who have registered to use them. Any content you post, such as pictures, information, opinions, or any personal information that you make available to other participants on these social platforms, is subject to the terms of use and privacy policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.

 

9. Financial Services

Any Investment Advisory services provided by SyFi will be provided under a separate advisory agreement with you. Any Insurance services provided by SyFi will also be provided under a separate advisory agreement with you.

 

10. Ownership, Copyright, and Trademark

The technology and content used to offer, or provided in connection with any of our Services, including but not limited to eSyFi℠, are either owned by us or licensed by us from third-party licensors. Such content includes the look and feel of this Site,  eSyFi℠, promotional materials, and in general include all text, graphics, photographs, illustrations, images, videos, tutorials, notices, software and other content, which is protected by the copyright law of the United States and international treaties, trademark and patent laws, and other intellectual property laws. As part of the Services, we grant you a nonexclusive, limited, royalty-free, revocable license during the term of this Agreement to use eSyFi℠ content strictly to facilitate your personal, non-commercial use of our Services. SyFi, the SyFi logo and other marks are our trademarks and service marks. All other product names and company logos found on promotional materials are the trademarks or service marks of their respective owners. Except as indicated in this paragraph, you may not copy, reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any of our content, information or trademarks without our express, written consent.

 

11. Disclaimer of Representation and Warrant; Disclaimer of Liability

NOTWITHSTANDING ANYTHING STATED IN THIS AGREEMENT TO THE CONTRARY, SYFI, LICENSORS AND AGENTS REPRESENT THAT THE SYFI SERVICES AND THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. SYFI, ITS LICENSORS AND AGENTS ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS MADE BY YOU, OR ERRORS OR OMISSIONS IN THE CONTENT, INFORMATION OR OTHER DATA AND DOCUMENTS WHICH ARE REFERENCED BY, LINKED TO OR PROVIDED BY OR THROUGH THE SERVICES AND/OR THE SITE. SYFI, ITS LICENSORS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITATION, SYFI DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM OUR SITE IS AT YOUR SOLE RISK.

 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SYFI, ITS LICENSORS AND AGENTS WILL NOT BE LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY DATA, INFORMATION OR CONTENT, FOR ANY SERVICES INTERRUPTIONS, OR FOR ANY FAILURE OR DELAY RESULTING FROM ANY ACTS OF FORCE MAJEURE OR ACTS THAT ARE OTHERWISE OUTSIDE OF SYFI OR ITS LICENSORS’ OR AGENTS’ REASONABLE CONTROL, OR ANY INTERNET OR TELECOMMUNICATIONS FAILURE OR YOUR INABILITY TO ACCESS THE SERVICES OR THE SITE. NOR CAN SYFI OR ITS AFFILIATES, LICENSORS OR AGENTS GUARANTEE THE COMPLETE SECURITY OF THE SERVICES OR THE SITE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS OR THAT ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT ANY DOWNLOADS OF CONTENT OR MATERIALS RELATED TO THE SERVICES OR THE SITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF OR ACCESS TO ANY SUCH MATERIALS. IN ADDITION, WE CANNOT ALWAYS ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES WITH THE SERVICES, EITHER PRESENTLY OR AS THEY EVOLVE; THE SERVICES MAY CONTAIN BUGS, ERRORS OR OTHER PROBLEMS, WHICH MAY RESULT IN LOSS OF DATA OR SETTINGS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NEITHER SYFI NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT AND OTHER FINANCIAL DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THIS SITE. NEITHER SYFI NOR ITS CONTENT PROVIDERS SHALL BE CONSIDERED AN “EXPERT” UNDER THE SECURITIES ACT OF 1933. NEITHER SYFI NOR ITS CONTENT PROVIDERS WARRANT THAT THIS SITE COMPLIES WITH THE REQUIREMENTS OF THE FINANCIAL INDUSTRY REGULATORY AUTHORITY, THE SECURITIES AND EXCHANGE COMMISSION OR ANY SIMILAR ORGANIZATION OR REGULATOR OR WITH THE SECURITIES LAWS OF ANY JURISDICTION.

 

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF SYFI, ITS AFFILIATES, LICENSORS AND AGENTS TO YOU SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). SYFI, ITS LICENSORS AND AGENTS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR DAMAGES MEASURED BY LOST PROFITS, OR FOR DAMAGES FOR LOST OPPORTUNITY, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA OR OTHER INTANGIBLE OR SPECULATIVE LOSSES, EVEN IF SYFI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR THE SITE; THE COST OF SUBSTITUTE GOODS OR SERVICES; ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANYONE RELATED TO THE SERVICES; THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD-PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR ANY PROVIDER OR THIRD-PARTY WEBSITE, OR ANY OTHER MATTER RELATING TO THE SERVICES OR THE SITE. Some jurisdictions do not permit the limitation or exclusion of certain categories of liability, so some of the above limitations may not apply to you.

 

THE SERVICES MAY BE AVAILABLE THROUGH A COMPATIBLE MOBILE DEVICE, INTERNET AND/OR NETWORK ACCESS AND MAY REQUIRE SOFTWARE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THESE REQUIREMENTS, INCLUDING ANY APPLICABLE CHANGES, UPDATES AND FEES AS WELL AS THE TERMS OF YOUR AGREEMENT WITH YOUR MOBILE DEVICE AND TELECOMMUNICATIONS PROVIDER. SYFI MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

 

13. Ending Your Relationship with SyFi

This Agreement will continue to apply until terminated by either you or us as set out below. If you want to terminate your legal agreement with us, you may do so by closing your Account.

 

Please use the directions below to close your Account:

Email email@syfi.me from the email address associated with your Account, indicating “cancel eSyFi℠” in the subject line of the message. After confirming you are the Account owner we will remove your accounts, transactions, and login information from our records and will only continue to retain such information as we are required by law to retain.

 

We reserve the right to terminate our legal agreement with you (by providing an email notice of such termination): (i) if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); (ii) if we believe we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (iii) if we no longer offer any of the Services you utilize; (iv) if you no longer agree to the terms and conditions of this Agreement; or (v) for any other reason or no reason, in our sole and absolute discretion. The termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

 

14. Governing Law and Venue

This Agreement and any Services provided hereunder will be governed exclusively by the laws applicable in the State of Oregon, excluding its provisions on conflicts or choice of law. Subject to the arbitration provision below, you irrevocably and unconditionally consent to submit to the exclusive jurisdiction and venue of the state courts in Multnomah County, Oregon or federal court for the Portland District of Oregon with respect to any dispute or litigation arising under this Agreement or as the result of any Services.

 

15. Arbitration

ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THE SERVICES, THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION RATHER THAN A COURT IN PORTLAND, OREGON BEFORE A SOLE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED PURSUANT TO STREAMLINED ARBITRATION RULES AND PROCEDURES, AND THE ARBITRATOR SHALL APPLY THE LAWS APPLICABLE IN THE STATE OF OREGON. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION AS SPECIFIED ABOVE UNDER “GOVERNING LAW AND VENUE.” THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING INJUNCTIONS OR OTHER FORMS OF EQUITABLE RELIEF OR PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. YOU AGREE THAT ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS. IN ANY ARBITRATION, THE ARBITRATOR MAY, IN THE AWARD, ALLOCATE ALL OR PART OF THE COSTS OF THE ARBITRATION, INCLUDING THE FEES OF THE ARBITRATOR AND THE REASONABLE ATTORNEYS’ FEES OF THE PREVAILING PARTY, AND SHALL DETERMINE THE PREVAILING PARTY FOR THIS PURPOSE.

 

16. Claims of Copyright and Trademark Infringement

This website (“Site”) qualifies as a “Service Provider” within the meaning of 17 U.S.C. § 512(k)(1) of the Digital Millennium Copyright Act (“DMCA”). Accordingly, it is entitled to certain protections from claims of copyright infringement under the DMCA, commonly referred to as the “safe harbor” provisions.

 

We respect the intellectual property of others, and we ask our Users to do the same. Thus, we observe and comply with the DMCA, and have adopted the following Notice and Takedown Policy relating to claims of possible copyright infringement by us, our Customers, Members, subscribers, Visitors or Users.

 

Notice of Claimed Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  • description of the copyrighted work or other intellectual property that you claim has been infringed;

  • description of where the material that you claim is infringing is located on the Site (preferably including specific url’s associated with the material);

  • your address, telephone number, and email address;

  • 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,

  • a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

 

You may send your Notice of Claimed Infringement (“Notice”) to:

 

By Mail:

SyFi, LLC
11145 SW Novare Pl.

Portland, OR 97223

 

By E-Mail:

compliance@syfi.me

 

Take Down Procedure
The Site implements the following “notification and takedown” procedure upon receipt of any notification of claimed copyright infringement. The Site reserves the right at any time to disable access to, or remove any material or activity accessible on or from any Site or any materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. It is the firm policy of the Site to terminate the account of repeat copyright infringers, when appropriate, and the Site will act expeditiously to remove access to all material that infringes on another’s copyright, according to the procedure set forth in 17 U.S.C. §512 of the DMCA. The Site’s DMCA Notice Procedures are set forth in the preceding paragraph. If the Notice does not comply with §512 of the DMCA, but does comply with three requirements for identifying sites that are infringing according to §512 of the DMCA, the Site shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notification requirements. When we receive a valid Notice, the Site will expeditiously remove and/or disable access to the infringing material.

 
DMCA Counter-Notification Procedure
If the Recipient of a Notice of Claimed Infringement believes that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed in accordance with the procedures outlined above, the Recipient is permitted to submit a counter-notification pursuant to Section 512(g)(2)&(3) of the DMCA. A counter-notification is the proper method for the Recipient to dispute the removal or disabling of material pursuant to a Notice.

All DMCA notices and counter-notifications must be written in the English language. Any attempted notifications written in foreign languages or using foreign characters will be deemed non-compliant and disregarded.

 

Abuse Notification: Abusing the DMCA Notice procedures set forth above, or misrepresenting facts in a DMCA Notice or Counter-Notification, can result in legal liability for damages, court costs and attorney’s fees under federal law. See; 17 U.S.C. § 512(f). These Notice and Takedown Procedures only apply to claims of copyright infringement by copyright holders and their agents – not to any other kind of abuse, infringement or legal claim. We will investigate and take action against anyone abusing the DMCA notification or counter-notification procedure. Please ensure that you meet all of the legal qualifications before submitting a DMCA Notice.

 

MODIFICATIONS TO POLICY

The Site reserves the right to modify, alter or add to this policy, and all affected persons should regularly check back to stay current on any such changes.

 

17. Change of Terms

We may revise this Agreement at any time, and therefore we suggest that you check this Agreement from time to time. We may notify you of any changes at the e-mail address associated with your Account and you agree to accept email communications, links to and/or our posting of any revised Agreement on our Site, and you agree that any of these means of our communicating a change in the Agreement constitutes adequate notice to you. Your continued access or use of the Site or any of the Services indicates your agreement to be bound by any such revisions.

 

18. Indemnification

You agree to indemnify, defend and hold us and any of our affiliates, licensors and agents, and all of their officers, directors, employees, agents, information providers and licensors harmless from and against any and all third-party claims, damages, liability and costs (including attorneys’ fees and costs) incurred by any of these parties that arise out of or are caused by your use of our Services and/or our Site, your violation of this Agreement, your infringement of any intellectual property rights, or violation by any user of your Account. In the event that there are third-party claims against you for which you properly seek damages from us under this Agreement, or we are subject to any claim for which we have the right to be indemnified by you, we reserve the right at our expense in the case of claims by third parties against you, and at your expense in the case of claims for which we have the right to be indemnified by you, to assume the exclusive defense and control of any such claim, and you agree that in any event no such claim can be settled without our written consent.

 

19. Not a Legal or Tax Advisor

We aim to make managing your personal finances more convenient. However, neither we nor our Services give, offer or render tax or legal advice. Before making financial or investment decisions, we recommend that you contact an investment advisor, or a tax or legal professional. SyFi only offers and provides insurance services or investment advice to Customers under a separate Agreement.

 

20. Waiver and Severability

We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected.

 

21. Section Headings

Section headings in this Agreement are for convenience of reference only, and shall not govern the interpretation of any provision of this Agreement.

 

22. English Language Controls

Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

 

23. Entire Agreement

This Agreement, including the following Other Disclaimers and Disclosures as well as the Website Privacy Policy and any other documents referred to herein, represents the entire understanding between both you and us regarding the Services (as defined herein) and the subject matter hereof and supersedes any prior statements or representations. In the event of a conflict between the terms of this Agreement and the terms of an exhibit, amendment, schedule, addendum or disclosure, the terms of the exhibit, amendment, schedule, addendum or disclosure shall prevail but, solely as to the subject matter herein. All Agreements for other Services are separate, and will remain valid and in force subject to their Terms.

 

 

Other Disclaimers and Disclosures:

This website (“Site”) is operated and maintained by SYFI, LLC (“SyFi”). SyFi is an Oregon Registered Investment Advisor (RIA)(CRD# 284744). Registration does not imply a certain level of skill or training nor does it imply endorsement by the Securities and Exchange Commission (“SEC”). This Site is for informational purposes only and does not constitute a complete description of our investment services or performance. Because there is no way to know all information about your finances or your personal situation, comments or analysis may be incomplete or inaccurate. All insight provided represents a courtesy extended to you for educational purpose and you should not rely on this information as the primary basis of your investment, financial, or tax planning decisions. You should consult your legal or tax professional regarding your specific situation. Nothing on this Site should be construed as a solicitation or offer, or recommendation, to buy or sell any security, and is in no way a solicitation or offers to sell financial advisory services except, where applicable, in states where we are registered or where an exemption or exclusion from such registration exists. Financial advisory services are only provided to persons who become SyFi Customers (“Customers”) pursuant to a written Financial Planning Agreement, Financial Consulting Agreement, Wealth Management Agreement, or Wealth Advisement Agreement, which customers are urged to read and carefully consider in determining whether such agreement is suitable for their personal facts and circumstances. PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS. FURTHERMORE, ALL INVESTMENTS INVOLVE RISK, INCLUDING THE POTENTIAL FOR LOSS OF PRINCIPAL. There can be no assurance that a hypothetical, or actual performance shown on the Site will lead to the expected results shown or perform in any predictable manner.

 

SyFi’s blog is for informational purposes only and does not constitute a recommendation to buy or sell securities. You should not rely on this information as the primary basis of your investment, financial, or tax planning decisions. You should consult your legal or tax professional regarding your specific situation. Certain sections of this commentary may contain forward-looking statements that are based on our expectations, estimate, projections and assumptions. Forward-looking statements are not guarantees of future performance and involve certain risks and uncertainties, which are difficult (if not impossible in many circumstances) to predict.

 

This Site may contain links to other websites, including links to the websites of companies that provide related information, products and services. Such external internet addresses contain information created, published, maintained, or otherwise posted by institutions or organizations independent of SyFi. These links are solely for the convenience of visitors to this Site, and the inclusion of such links does not necessarily imply an affiliation, sponsorship or endorsement. SyFi does not endorse, approve, certify, or control these external websites and cannot guarantee or assume responsibility for the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses. Information throughout this Site or any of our Services, whether stock quotes, charts, articles, or any other statement or statements regarding market or other financial information, is obtained from sources which we, and our suppliers believe are reliable, but we do not warrant or guarantee currency, accuracy, timeliness, completeness or fitness for any particular purpose. Nothing on this Site should be interpreted to state or imply that past results are an indication of future performance.

 

THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, AS TO ACCURACY, COMPLETENESS, OR RESULTS OBTAINED FROM ANY INFORMATION POSTED ON THIS OR ANY ‘LINKED’ WEBSITE.

 

The calculations in eSyFi℠ are based solely on information provided by the person who uses the eSyFi℠ service (“Member”), data based on the accounts that Members have aggregated on the eSyFi℠ platform, historical market returns of the index that eSyFi℠ has determined to be similar to the holdings of the accounts linked by the Member, as well as the assumptions of the eSyFi℠ platform shown or selected. Because there is no way to know all information about your finances or your personal situation, analysis may be incomplete or inaccurate. All insight provided represents a courtesy extended to you for illustrative purposes only and Members should not rely on this information as the primary basis of investment, financial, or tax planning decisions. No representations, warranties or guarantees are made as to the accuracy of any estimates or calculations. SyFi is not liable for any damages or costs of any type arising out of or in any way connected with your use of eSyFi℠. The information provided in eSyFi℠ does not serve, either directly or indirectly, as legal, financial or tax advice and you should always consult a qualified professional legal, financial and/or tax advisor for your specific situation. Past performance is not a guarantee of future return, nor is it necessarily indicative of future performance and future returns may be less favorable or negative. Keep in mind investing involves risk.

 

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Customers should confer with their personal tax advisors regarding the tax consequences of investing with SyFi and engaging in the tax-loss harvesting activity, based on their particular circumstances. Customers and their personal tax advisors are responsible for how the transactions conducted in an account are reported to the IRS or any other taxing authority on the Customer’s tax returns. SyFi assumes no responsibility for the tax consequences to any person or Customer of any transaction. We are not tax professionals. Customers and all Users should consult qualified legal or tax professional, such as a tax attorney or CPA regarding their specific situation.

 

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