Terms of Service
These Terms of Service (“TOS”) shall apply to and control your use of the 3Nickels corporate and digital services applications websites and mobile applications (“Websites” or “Sites”), the services provided herein (the “Services”) and any information, software, function, graphics, artwork and any other material contained herein (collectively referred to as the “Content”).
By accessing and/or using these Websites, the Services and the Content, you (“you” or the “User”) agree to abide by and be bound to these TOS and any changes thereto.
WEBSITES These Websites are provided by 3Nickels by GuidedChoice.com, Inc., a federally registered investment advisor. The functionality of these Websites may require services provided by third parties, which may include parties providing trading platforms, trust services, custodial services, investment services and record keeping services, and parties providing information and website administration (collectively the “Third Party Providers”).
DISCLAIMER Information provided on these Websites has been compiled from a variety of sources, and may contain opinions, out of date information, technical or other mistakes, inaccuracies or typographical errors, and 3Nickels makes no guarantees or warranties to the contrary. 3Nickels and the Third Party Providers assume no obligation or liability to correct or update the same. It is your responsibility to verify any information presented to you before relying on it. These Sites contain links to third party websites (“Third Party Sites”). 3Nickels is not responsible for the content of these Internet sites or for your transactions with them. Inclusion of links to such sites does not imply any endorsement of the material on such sites by 3Nickels.
ACCOUNT AGGREGATION SERVICES 3Nickels makes available the account aggregation services of Plaid, Inc., which facilitates the electronic update of those investment accounts for which you provide login credentials. By linking your account, you are authorizing 3Nickels, and by extension, Plaid, Inc., to connect with your financial institution to retrieve your account’s investment data. Your account credentials are verified through and kept by Plaid, Inc. 3Nickels has no access to your account or your login information. Please refer to Plaid, Inc.’s corporate website for more information about their privacy and security policies; see https://plaid.com/legal/ and https://plaid.com/security/.
PROPRIETARY AND INTELLECTUAL CONTENT The Content of these Websites (including but not limited to software, tools, information graphics, videos, and marks) is proprietary in nature, and may be owned by 3Nickels, its affiliates and/or a Third Party Provider. All title and intellectual property rights in and to the Content which may be viewed or accessed through these Websites is and shall remain the property of the respective Content owner and may be protected by applicable copyright or other intellectual property laws and treaties. Nothing contained herein shall be construed as granting a license under any copyright, trademark, patent or other intellectual property right.
USE OF WEBSITES, SERVICES AND CONTENT These Websites and their contents are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local laws or regulations. Further, you may not print, copy, upload, post, publish, modify, display, transfer, resell, reproduce,
republish, or distribute these Websites or the Content in any way (whether electronically or otherwise), or create other works based on the same, unless expressly authorized by these TOS, the provisions on these Websites, or otherwise permitted by 3Nickels.
EQUIPMENT You, at your cost, shall be solely responsible for obtaining and maintaining all hardware, software and communications equipment, and any updates thereto, that are required to access these Websites, the Content, and the Services.
REGISTRATION Some areas of these Websites may require you to provide personal information or register for Services. In any such event, you agree to (a) provide accurate, current and complete information about yourself as requested during the registration (including your email address); and (b) maintain and update your information (including your email address) to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, your rights to use these Sites or the Services may be terminated. In no event shall 3Nickels or any Third Party Provider be obligated to confirm the accuracy or correctness of the information you provide, and neither shall have any liability relative to the same.
ACCOUNT NUMBERS, USER IDS AND PASSWORDS All Passwords and User IDs that you select in conjunction with your use of, and access to these Websites or the Services must meet the then current policies and guidelines of 3Nickels, as amended from time to time. In addition to any restrictions found within said policies, 3Nickels shall not permit the selection and use of any Password or User ID that it believes, in its sole discretion, to be illegal, to be
protected by trademark or other proprietary rights or laws, to be vulgar, to be in violation of any privacy rights, or which is otherwise offensive, or may cause confusion. You acknowledge that the purpose of creating a Password and User ID unique to you is to prevent unauthorized access to your personal or proprietary information. As such, you should, at all times, keep your account number(s), User ID and/or Password confidential and not disclose them to anyone else. 3Nickels and the Third Party Providers shall not be liable for any unauthorized disclosure of or access to your personal propriety information, or from unauthorized access to, or use of these Websites or the Services if you fail to maintain the confidentiality of your account number, User ID or Password, whether voluntary or involuntary. You shall be solely responsible to notify 3Nickels of any unauthorized use of your account number(s), User ID, or password or any other breach of security.
If you enable biometric authentication (e.g., iOS or iPadOS Face ID, Touch ID or Android
Fingerprint and Face) to sign on to the 3Nickels mobile app, it is your responsibility to be aware that all faces or fingerprints set up on your device for such biometric authentication will be linked to your 3Nickels account associated with the 3Nickels mobile app. If other people use the biometric authentication method enabled on your device, they may be able to gain access to your 3Nickels account via the 3Nickels mobile app and view information you consider to be private. It is your responsibility to understand the risks of biometric authentication enabled on your mobile device.
You can stop using biometric authentication to sign in to the 3Nickels mobile app at any time by going to Account Settings in the 3Nickels mobile app and disabling it.
DISCLAIMERS ALL INFORMATION, CONTENT, MATERIALS PRODUCTS AND SERVICES CONTAINED OR PROVIDED ON, OR ACCESSIBLE THROUGH THESE WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. 3NICKELS MAKES NO REPRESENTATION, ENDORSEMENT, OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. 3NICKELS DOES NOT WARRANT THE ACCURACY, ADEQUACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE CONTENT OR MATERIALS CONTAINED ON THESE WEBSITES OR THE SERVICES AND/OR PRODUCTS PROVIDED HEREUNDER, OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THE ABOVE DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY AS A CONDITION OF 3NICKELS PROVIDING THESE WEBSITES, THEIR CONTENT, AND THE SERVICES AND PRODUCTS, YOU AGREE THAT 3NICKELS AND THE THIRD PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY, OF ANY NATURE INCURRED, BY YOU AND/OR ANY THIRD PARTY RESULTING FROM: THE USE OF, ACCESS OF, OR INABILITY TO ACCESS THESE WEBSITES, THE CONTENT, THE SERVICES, THE PRODUCTS AND THE INTERNET GENERALLY; ANY INTERRUPTION OF SERVICE; ANY LOST DATA, LOST TIME OR OTHER SYSTEM RELATED DAMAGES; DAMAGE OR LOSS OF PROPERTY OR EQUIPMENT; AND/OR ANY ACT OR OMISSION OF ANY THIRD PARTY.
INDEMNIFICATION BY USER IN ADDITION TO OTHER INDEMNIFICATION PROVISIONS HEREIN, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS 3NICKELS, THE THIRD PARTY PROVIDERS AND THE SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS OF THE SAME, FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM YOUR USE AND ACCESS TO THESE WEBSITES, THE CONTENT, THE SERVICES, THE PRODUCTS AND ANY VIOLATION OF THESE TOS BY YOU.
CONSENT TO PROCESSING OF INFORMATION IN THE UNITED STATES AND OTHER JURISDICTIONS These Websites are governed by and operated in, and in accordance with the laws of the, United States, and are intended for residents of the United States. 3Nickels makes no representation that these Websites are governed by or operated in accordance with the laws of any other nation. If you are located in the European Union, Canada, or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States. By using these Websites, or providing us with any information, you (a) acknowledge that these Websites are subject to the laws of the United States, (b) consent to the collection, processing, maintenance, and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws.
OTHER AGREEMENTS These TOS shall be subject to any other written agreements you have entered into with 3Nickels, and, except as expressly set forth herein, in the event of a conflict, the terms of those agreements will govern.
TERMINATION 3Nickels may terminate these TOS, your use of these Websites, the Products and the Services, without further liability, at any time, without notice, for any reason or no reason.
REMEDIES 3Nickels may seek any available legal remedy or take any reasonable business steps to prevent the unauthorized use of, or access to these Websites and the Services, and to prevent access to users who violate these TOS. You agree that 3Nickels and/or the Third Party Providers would be irreparably harmed if you breach this provision and that monetary damages would be inadequate to remedy such breach. Accordingly, you also agree that
specific and injunctive or other equitable relief is the appropriate remedy for such a breach.
WAIVER Any waiver of or failure to enforce any right under or term or provision of these TOS by 3Nickels shall not be deemed to be a waiver of such right or any other right, term or provision of these TOS at any time.
FORCE MAJEURE 3Nickels assumes no risk of any event, foreseeable or unforeseeable, and beyond its reasonable control, that has a material effect upon the agreed exchange contemplated herein.
SURVIVAL The provisions of these TOS that, by their purpose, are intended to survive the termination of the exchange contemplated herein shall so survive. Said provisions shall include, but shall not be limited to, those provisions that include indemnification clauses, limitations on liability, and warranty disclaimers.
SEVERABILITY In the event that any portion of these TOS are determined to be unenforceable by a court of competent jurisdiction, the remainder of these TOS shall not be impaired, affected or invalidated, and the unenforceable term or provision shall be replaced by such enforceable terms or provisions closest to the intention underlying the unenforceable term or condition.
APPLICABLE LAW The TOS is entered into in San Diego, California and governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. Federal law governs copyright, patent, and trademark matters. You agree that the proper forum for claims under the TOS will be the Courts of the State of California for the County of San Diego or the U.S. District Court for the Southern District of California, and you agree to submit to the jurisdiction of these courts. The prevailing party in any action will be entitled to recover reasonable expenses, including attorneys’ fees.