Please read these terms carefully. Last updated on 8/8/2021

GetFolio, is an online website that offers paid subscriptions and services related to investment strategies and is owned and operated by 8ITS LLC (also referred to herein as "8ITS"), a Texas Corporation. By using GetFolio or signing up for an account, you’re agreeing to these Terms of Service (also referred to herein as "Terms"), which is a legal binding agreement between you and 8ITS ("Agreement"). GetFolio and 8ITS will also be referred to as "We", "Us", or "Our" in this Agreement.


ELIGIBILITY

In order to use our site and services, you must:

  1. be at least eighteen (18) years old and able to enter into contracts;
  2. complete the user registration process;
  3. provide accurate information about yourself when filling out the registration form or updating your existing account and profile information;
  4. not be based in any 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.
  5. agree to all of the terms and privacy policies listed on this page;

We reserve the right to refuse service, close accounts of any user we choose, and change our terms and privacy policies at any time.


TERM

When you create a user account on GetFolio, you agree to all the terms listed on this page, a legal binding agreement is formed, and the term of the Agreement ("The Term") will begin. The Term will continue until either you or we terminate the Agreement in accordance with these Terms. If you are creating an account on behalf of a company, entity, or other person, you agree that you have the direct authority and permission to accept these Terms on behalf such company, entity, or person. You also agree to the current Terms, as they may be updated from time to time, each time you sign into your account and/or use GetFolio in any way. You agree that is your full responsibility to review our updated Terms.


MODIFICATION OF THESE TERMS

We reserve the right to change the Terms, conditions, and notices under which GetFolio is offered, including but not limited to the charges associated with the use of our services. Each time you sign in, you are agreeing to the latest Terms. We may send periodic updates about changes to our Terms, or post notices on GetFolio. You agree and warrant that it is your full responsibility to review our Terms.


CLOSING YOUR ACCOUNT

8ITS reserves the right to close your account at any time, for any reason. You may also close your account by contacting us. If we close your account due to a breach in this Agreement, you will not be reimbursed for any purchases. If you close your account, you will not be reimbursed for any purchases. If your account is inactive for 24 or more months, we may terminate your account if there are no related purchases.


LINKS TO THIRD PARTY SITES

GetFolio may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under Our control, and We are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Us or any association with its operators.


NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of GetFolio, you warrant to Us that you will not use GetFolio for any purpose that is unlawful or prohibited by these Terms, conditions, and notices. You may not use GetFolio in any manner which could damage, disable, overburden, or impair GetFolio or interfere with any other party's use and enjoyment of GetFolio. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through GetFolio.


USE OF COMMUNICATION SERVICES

GetFolio may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

We are under no obligation to monitor the Communication Services. However, We reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Our sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, We specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized GetFolio or 8ITS spokespersons, and their views do not necessarily reflect Our views.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.


MATERIALS PROVIDED TO GetFolio (POSTED ON OUR WEBSITE)

We do not claim ownership of the materials you provide to GetFolio (including feedback and suggestions) or post, upload, input or submit to GetFolio or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Us, and Our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Our sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.


PAID SUBSCRIPTIONS

If you purchase a subscription or service through GetFolio, you warrant that any payment method selected by you when enrolling shall enable you to make full and immediate payment for the requested plan, including any recurring payments associated with such plan.


CANCELLATION AND TERMINATION OF SUBSCRIPTIONS

If you purchase a subscription or service through GetFolio, you have the right to cancel your subscription at any time. Future billing will cease immediately, but your subscription will remain active until the end of your current billing cycle. You also have the right to re-activate your subscription at any time as long as your current billing cycle has not ended.


FAILED PAYMENTS AND COLLECTION OF OPEN INVOICES

Payment methods fail for various reasons. If you have an open invoice due to a failed payment attempt, We will retry the charge up to 4 times within approximately 3 weeks. If all attempts fail, We will cancel your subscription. If you update or replace your payment method on file, We will immediately attempt to collect payment for any open invoices on your account.


REFUND POLICY

If you cancel your subscription, you will not be refunded by default. We may issue refunds at Our sole discretion and will make such a decision based on the unique circumstances of the transaction and the details of the requested refund.


USE OF CONTENT

We may offer free or paid content through GetFolio. Such content is the Intellectual Property of 8ITS and in no way can it be duplicated without direct written consent from 8ITS.


LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH GetFolio MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. 8ITS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE GetFolio WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE GetFolio WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. 8ITS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE GetFolio WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. 8ITS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 8ITS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF GetFolio, WITH THE DELAY OR INABILITY TO USE THE GetFolio WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH GetFolio, OR OTHERWISE ARISING OUT OF THE USE OF THE GetFolio, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF 8ITS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF GetFolio, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING GetFolio.


TERMINATION/ACCESS RESTRICTION

We reserve the right, at our sole discretion, to terminate your access to GetFolio and the related services or any portion thereof at any time, without notice.


GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Texas, U.S.A. in all disputes arising out of or relating to the use of GetFolio. Use of GetFolio is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and GetFolio as a result of this agreement or use of GetFolio. GetFolio’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Our right to comply with governmental, court and law enforcement requests or requirements relating to your use of GetFolio or information provided to or gathered by GetFolio with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the you and 8ITS with respect to GetFolio and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the you and 8ITS with respect to GetFolio. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.


COPYRIGHT AND TRADEMARK NOTICES:

All contents of GetFolio: Copyright 2021 by 8ITS, LLC and/or its suppliers. All rights reserved.


TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.


NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

Questions

SERVICE CONTACT : support@getfolio.com