Buycel Terms and Conditions

Please read the following Terms and Conditions for using the Buycel. By using the Website and the information and services available through the Website, you agree to follow and be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the Website.

Buycel owns the Website and reserves the right, at its discretion, to modify these Terms and Conditions at any time and any such modification will be effective immediately upon posting the modification. You should check these Terms and Conditions periodically for modifications. If you use the website after we post modifications to the website, then you will be bound by such modifications.

Use of the Website

The website is intended only for your personal, non-commercial use and display. You may download information from the website to your computer and print out a hard copy for your personal reference, provided that you agree not to remove any copyright, trademark or other notices contained therein.

No Recommendations or Advice Provided

Buycel provides self-directed investors with information provided by the Securities and Exchange Commission (SEC) for our customers to use in a friendly manner. Buycel does not make recommendations or offer investment advice of any kind and is not responsible for the accuracy of data provided by external data sources.

Buycel provides the content of the website for informational, educational and noncommercial purposes only. Although Buycel may provide data, information and content relating to investment approaches and opportunities to buy or sell securities, including mutual funds and exchange-traded funds, you should not construe any such information as investment, financial, tax, legal or other advice. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any data, information or content on the website before making any decisions based on such data, information or content. In exchange for using such data, information or content, you agree not to hold Buycel or its third-party content providers liable for any possible claim for damages arising from any decision you make based on information made available to you through the website.

Website Content

Buycel offers content from third-party providers on the Website. This content includes, but is not limited to, financial market data, quotes, news, analyst opinions and research reports (the “content”). Buycel does not endorse or approve the content, and we make it available to you only as a service and convenience. Buycel and our third-party providers do not guarantee the accuracy, timeliness, completeness or correct sequencing of the content or warrant any results from your use or reliance on the content. The content may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither Buycel nor the third-party providers are obligated to update any information or opinions contained in any of the content. Buycel may discontinue offering any content on the Website at any time without notice. You agree that neither Buycel nor the third-party providers will be liable to you in any way for the termination, interruption, delay or inaccuracy of any of the content on the website. You will not redistribute or facilitate the redistribution of any content, nor will you provide access to the content to anyone who is not authorized by Buycel to receive the content.

Hyperlinking from the Website

In the event you use the hyperlinks included on the Website to gain access to a World Wide Web site or Internet location or source of information on any company, organization or person other than Buycel or to any other Internet location, you acknowledge that such other sites or locations are not under the control of Buycel and agree that Buycel shall not be responsible for any information or other hyperlinks found at any such World Wide Web site or Internet location or source of information or for your use of such information. Buycel provides such links only as a convenience to you and has not tested any software or verified any information found at such sites. The fact that Buycel has provided a link to another site does not signify an endorsement of the site or its contents by Buycel. There are inherent risks in the use of any software or information found on the Internet, and you acknowledge that you understand these risks before making any use of the website.

Electronic Communications

The website provides you Buycel e-mail addresses so that you may communicate electronically by sending an e-mail message to Buycel. All e-mail sent to and from Buycel will be received or otherwise recorded by the Buycel corporate e-mail system and is subject to archival, monitoring or review by and/or disclosure to, someone other than the recipient. Communications through the website may involve the electronic transmission to any e-mail address you provided to us of information that you may consider to be personal financial information, and you agree and consent to such transmission of such information. You agree not to use e-mail to transmit any confidential personal information.

License and Website Access

Buycel hereby grants you a limited, nonexclusive, nontransferable license to view, bookmark, download and print the pages within this Website, and the documents, graphics and media incorporated on those pages, solely for the purpose of your personal, non-commercial use and display. You are solely responsible for obtaining, paying for, repairing and maintaining all of the equipment, telephone lines and other material that you need to access this Website and the pages within this Website may be used solely for personal, informational and non-commercial purposes. You may not modify, copy, distribute, transmit, post, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any pages, data, information, software, products or services obtained from this Website, unless you have obtained the prior written permission of Buycel or you are using a service available through this Website. Buycel reserves all rights not expressly granted herein; Buycel expressly reserves the right to monitor any and all use of this Website.

Unless you have obtained Buycel’s prior written permission, you may not:

  • Copy, modify or display Buycel’s name, logo, trademarks, text, or graphic images or content in any way, except as set forth herein;
  • Redeliver any of the pages, text, graphic images or content of this Website using “framing” technology;
  • Modify or use Buycel’s name, logo or other trademarks or the pages, text, graphic images or content from this Web site for any purpose other than as set forth herein—such a modification or use is a violation of Buycel’s copyrights and/or other proprietary rights;
  • Use devices (including software) that are designed to provide repeated automated access to this Website, other than those made generally available by Buycel, or probe, scan or test the vulnerability of any system or network related in any way to this Website, without the prior written consent of Buycel. Buycel reserves the right to take all measures necessary to prevent such access, probing, scanning or testing, including denial or termination of service, and you acknowledge and agree that Buycel shall be entitled, without warning any other rights or remedies, to injunctive or equitable relief as may be deemed proper to enforce such right; and
  • Include “BUYCEL,” any Buycel trademark, any Buycel executive’s or other employee’s name or any variation of any of the foregoing, as a meta-tag, hidden textual element or any other indicator that may create an impression of affiliation, sponsorship or endorsement between any user and/or Website and Buycel and/or this Website.

Downloading Software and Files

If you download software or files from the Website under these Terms and Conditions, the software—including any files or images incorporated in or generated by the software and data accompanying the software—and files (collectively, the “Files”) are licensed to you by Buycel solely for your personal, noncommercial use. However:

  • Buycel does not transfer title to the Files to you;
  • You own the medium on which the Files are recorded, but Buycel and its licensors retain full and complete title in and to the Files, including all intellectual property rights therein;
  • You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Files to any other form whatsoever; and
  • Software from this Website is subject to U.S. export controls. Software from this Website may not be downloaded or otherwise exported or re-exported outside the U.S.

International Use

Because of the global nature of the Internet, you agree to comply with all local rules regarding online conduct, including all laws, rules, codes and regulations of the country in which you reside and the country from which you access this Website. In addition, you agree to comply with all applicable laws, rules, codes and regulations regarding the transmission of technical data exported from the U.S.

Termination, Suspension or Modification

The rights granted to you herein terminate immediately upon any violation by you of these Terms and Conditions. Buycel reserves the right to terminate, suspend or modify your access to the Website at any time, without notice, for any reason whatsoever. You agree that Buycel shall not be liable to you or any third party for any termination of your access to this Website.

Disclaimers and Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, BUYCEL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE AND ANY PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BUYCEL MAKES NO WARRANTY THAT:

  1. THE WEBSITE WILL MEET YOUR REQUIREMENTS;
  2. THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE OF VIRUSES, ERRORS, WORMS, DATE BOMBS, TIME BOMBS or OTHER HARMFUL COMPONENTS;
  3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE;
  4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION or OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS;
  5. ANY ERRORS ON THE WEBSITE WILL BE CORRECTED; AND
  6. THE DATA AND MATERIALS PRESENTED OR DISPLAYED ON THE WEBSITE ARE CORRECT, ACCURATE OR RELIABLE. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.

YOU AGREE THAT BUYCEL OR ANY THIRD PARTY ENGAGED IN PROVIDING SERVICES TO YOU ON OR THROUGH THE WEBSITE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, COMMUNICATIONS LINE FAILURE OR OTHER OCCURRENCES BEYOND THE CONTROL OF BUYCEL OR SUCH THIRD PARTIES.

NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, WHETHER OBTAINED BY YOU FROM BUYCEL, FROM A BUYCEL EMPLOYEE OR AGENT OR THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. BUYCEL WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL or EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BUYCEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

  1. THE USE OF OR THE INABILITY TO USE THE WEBSITE;
  2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED or MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH or FROM THE WEBSITE;
  3. ACCESS TO OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS or DATA DUE TO YOUR CONDUCT, INACTION or NEGLIGENCE;
  4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR
  5. ANY OTHER MATTER RELATING TO THE WEBSITE.

Indemnification

You agree to indemnify, defend and hold harmless Buycel and its affiliates and the officers, directors, employees and agents of Buycel and its affiliates, from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs, arising out of or in any way connected with your access to or use of this Website.

Integration and Severability

If any provision of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of the remaining provisions. These Terms and Conditions represent the entire agreement between Buycel and you relating to the subject matter herein, except that Buycel’s relationship with its customers is governed by the Buycel account agreements.

Applicable Law and Venue

Unless otherwise specified, Buycel controls and operates this Website from our offices within the State of New Jersey, United States of America. Buycel does not claim that materials in this Website are appropriate or available for use in locations other than the United States. If you choose to access this Website from other locations, you do so on your own initiative and you are responsible for compliance with any applicable local laws, as set forth above. By visiting this Website, you agree that the laws of the State of New Jersey, United States of America, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Buycel or its affiliates. If you take legal action relating to these Terms and Conditions, you agree to file such action only in the state of New Jersey.