Last updated in April, 2018
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 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
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.
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.
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 email@example.com.
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 firstname.lastname@example.org using the subject line “Feedback”.
8. Third-Party Software and Service Providers
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@example.com 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.
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:
11145 SW Novare Pl.
Portland, OR 97223
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.
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