PRIVACY POLICY FOR INFORMATION USE AT MARKETGEAR.COM

LAST UPDATED ON JULY 27, 2019

This Privacy Policy governs the manner in which iVest Plus  collects, uses, maintains and discloses information collected from users (each, a “User”) of the marketgear.com website (“Site”). This privacy policy applies to the Site and all products and services offered by iVestPlus.com.

PERSONAL IDENTIFICATION INFORMATION

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site, or through our affiliate relationships. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information. We will collect personal identification information from Users only if they voluntarily submit such information to us including through our affiliate relationships.

NON-PERSONAL IDENTIFICATION INFORMATION

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

WEB BROWSER COOKIES

Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

HOW WE USE COLLECTED INFORMATION

iVestPlus.com may collect and use Users personal information for the following purposes:

•   – To improve customer service

Information you provide helps us respond to your customer service requests and support needs more efficiently.

•   – To personalize user experience

We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.

•   – To improve our Site

We may use feedback you provide to improve our products and services.

•   – To process payments

We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.

•   – To run a promotion, contest, survey or other Site feature

To send Users information they agreed to receive about topics we think will be of interest to them.

•   – To send periodic emails

We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving some or all future emails, they may do so by contacting us via our Site or by changing their setting.

HOW WE PROTECT YOUR INFORMATION

The personal information is stored in our limited-access servers. We will maintain safeguards to protect the security of these servers and your personally identifiable information. Online purchases made through our web site are processed securely by authorize.net or paypal.com. When making a payment, we do not have access to your personal and credit card information.

SHARING YOUR PERSONAL INFORMATION

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third-party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

THIRD-PARTY WEBSITES

Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors, and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.

ADVERTISING

Ads appearing on our site may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile non-personal identification information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This privacy policy does not cover the use of cookies by any advertisers.

GOOGLE ADSENSE

Some of the ads may be served by Google. Google’s use of the DART cookie enables it to serve ads to Users based on their visit to our Site and other sites on the Internet. DART uses “non personally identifiable information” and does NOT track personal information about you, such as your name, email address, physical address, etc. You may opt-out of the use of the DART cookie by visiting the Google ad and content network privacy policy at http://www.google.com/privacy_ads.html

CHANGES TO THIS PRIVACY POLICY

BKD Ventures, LLC has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

YOUR ACCEPTANCE OF THESE TERMS

By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

CONTACTING US

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us.

support@marketgear.com

User Agreement, Terms, and Conditions

marketgear.com is operated by iVest Plus, Inc. (IVP) Your access to or use of marketgear.com website constitutes your agreement to the following terms and conditions:

These are the terms and conditions on which you may use the MarketGear.com website, IVP’s mobile and other online services (which we call ”IVP Content”). These terms apply to your use of MarketGear.com and all IVP Content irrespective of the delivery platform or device you use to access it. By accessing MarketGear.com you are agreeing to these terms and conditions.

If you do not agree with the terms and conditions (or are not authorized to do so on behalf of your business or work) you should not use MarketGear.com or any IVP Content and should cancel any subscription in accordance with your cancellation rights (see Section 4 below). If you have any questions please contact support@tradetoolsupport.com. We recommend that you print and save a copy of these terms and conditions for your records.

Except where we state otherwise in Section 4, references in these terms and conditions to ”IVP” (or ”we”, ”us” or ”our”) refer to the company operating MarketGear.com. See Section 15 below for details.

1.  NO INVESTMENT RECOMMENDATIONS OR PROFESSIONAL ADVICE.

The Site is not intended to provide tax, legal, insurance or investment advice, and nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by IVP or any third party. You alone are solely responsible for determining whether any investment, security or strategy or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.

2.  NO INVESTMENT RECOMMENDATIONS OR PROFESSIONAL ADVICE

Stock and Options involve risk and are not suitable for all investors.  Prior to buying or selling an option, a person must receive a copy of Characteristics and Risks of Standardized Options (PDF). Copies of this document may be obtained from your broker or from any exchange on which options are traded.

The Site is not intended to provide tax, legal, insurance or investment advice, and nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by IVP or any third party. You alone are solely responsible for determining whether any investment, security or strategy or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.

3.  DISCLAIMERS OF WARRANTIES AND LIABILITY

THERE MAY BE OMISSIONS OR INACCURACIES ON THIS WEBSITE, AND YOUR ABILITY TO ACCESS THIS WEBSITE MAY, FROM TIME TO TIME, BE DELAYED AND/OR INTERRUPTED DUE TO SCHEDULED AND/OR UNSCHEDULED CAUSES. THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND. IVP MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATION OR WARRANTY REGARDING THIS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, IVP SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THIS WEBSITE, AND ALL REPRESENTATIONS OR WARRANTIES ARISING FROM CUSTOM OR USAGE OR BY OPERATION OF LAW.

IVP ACCEPTS NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN, OR THE CONSEQUENCE OF RELYING OR ACTING UPON, INFORMATION AVAILABLE THROUGH THIS WEBSITE OR ANY THIRD PARTY SITE ACCESSED THROUGH THIS WEBSITE. ANY RISK OF VIRUSES OR OTHER FORMS OF ELECTRONIC CONTAMINATION REMAINS, AT ALL TIMES, WITH THE USER OF THIS WEBSITE. IVP HAS NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS OR THE CONSEQUENCE OF RELYING OR ACTING ON INFORMATION AVAILABLE THROUGH THIS WEB SITE OR ANY SITES AVAILABLE THROUGH THIS WEB SITE.

IN NO EVENT WILL IVP BE LIABLE FOR ANY CLAIMS FOR DAMAGES (INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF YOUR USE OF OR RELIANCE ON THIS WEBSITE.

4.  SUBSCRIPTION SERVICES

We offer subscription services through MarketGear.com and recommend that you read fully for more details and before purchasing a subscription.

TYPES OF SUBSCRIPTION

Unless you purchase a subscription to use MarketGear.com then your usage rights will be limited. You may obtain broader usage rights by purchasing an MarketGear.com subscription. IVP reserves the right to vary the amount of content and types of service that it makes available to different categories of user which mean that we may increase or reduce the content and services that are only available to paying subscribers holders from time to time.

CONTRACT FORMATION:

VP will try to process your subscription promptly but does not guarantee that your subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment details and email address, at which point we will provide you with access to your subscription. IVP reserves the right to reject any offer in its discretion, for any or no reason.

PAYMENT DETAILS:

When you subscribe you must provide us with complete and accurate payment information. By submitting payment details you promise that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently canceled, we may immediately terminate or suspend your access to your subscription and may in suspicious circumstances contact the issuing bank/payment provider and/or law enforcement authorities/other appropriate third parties. If you are entitled to a refund under these terms and conditions we will credit that refund to the card or other payment method you used to submit payment, unless it has expired in which case we will contact you. If you buy a subscription using a corporate credit card then we will treat your subscription as being for the benefit of both you and the relevant company.

PRICING:

The subscription price will be made clear to you on our sign-up pages or otherwise during the sign-up process and may vary from time to time or by country. You agree to pay the fees at the rates notified to you at the time you take out your subscription. For certain subscriptions, you can take out either an annual or monthly (or other frequency we offer) subscription. Other subscription services may only require a one-off payment. You can also take out any other fixed term or payment frequency that we may offer from time to time. IVP will charge you in British Pounds Sterling, United States Dollars, Euros, Singapore dollars, Australian dollars, Hong Kong dollars, Swiss Francs or Japanese Yen depending on the service and your country of residence. You may also have to pay any applicable local taxes. Please click here for further tax information. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. We will always tell you in advance of any increase in the price of your subscription and offer you an opportunity to cancel it if you do not wish to pay the new price.

PRICING ERRORS:

If we incorrectly state a price to you whether online or otherwise, we are not obliged to provide you with a subscription at that price, even if we have mistakenly accepted your offer to buy a subscription at that price, and reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel the subscription without any obligation to us and we will refund you any money you have paid us in full or you may pay the correct price. If you refuse to exercise either of these choices then we may cancel your subscription and will refund you any money you have paid us in full. We will always act in good faith in determining whether a genuine pricing error has occurred.

OTHER COSTS:

In addition to any subscription fees you pay, you are responsible for paying any internet connection or other telecommunications charges that you may incur by accessing MarketGear.com or using the services available on it. For example, if you use any of our mobile services then your network operator may charge you for data or messaging services.

TRIALS:

We may from time to time and at our discretion make a trial available to users, in which case we will only charge you for your subscription with effect from the expiry of the trial period. No more than one trial per subscriber is allowed in any twelve month period.

RENEWALS:

If you chose to pay monthly, your subscription will continue until you tell us that you no longer wish to receive it, in which case you will stop paying the monthly fees. Please see the “Cancellations by you” section below for details of how to cancel your monthly subscription. If you chose to pay annually, unless you notify us before the end of your annual subscription period that you no longer wish to receive it, your annual subscription will renew for another year. We will charge the subscription using the same card or other payment methods that you previously used. We will notify you in advance of any changes to the price of your subscription that will apply upon renewal.

CANCELLATIONS BY YOU AND REFUNDS:

Unless you cancel your subscription before we have started providing any part of it to you (in which case we will provide you with a full refund), then you agree that once we have started providing any part of your subscription to you, you do not have any right to cancel your subscription or any part of it until the end of your then-current subscription period. This means that you are not entitled to a refund once we have started providing any part of your subscription to you, except in the very limited circumstances which are referred to in these terms and conditions. Although you may notify us of your intention to cancel at any time, such notice will only take effect at the end of your then-current subscription period. You may notify us of your wish to cancel your subscription by contacting our Customer Services team at support@tradetoolsupport.com.

CANCELLATIONS BY US:

IVP reserves the right to suspend or terminate your subscription if you breach these terms and conditions, with or without notice and without further obligation to you. You will not be entitled to any refund in these circumstances. If however we terminate or suspend your subscription for any other reason and/or permanently cease publishing MarketGear.com, the IVP Content or cease to provide subscription services then, unless there are exceptional circumstances, we will provide you with a pro rata refund to your credit card, which means that we will refund you with any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription.

WHO YOUR SUBSCRIPTION CONTRACT IS WITH:

If you buy an MarketGear.com subscription only or other subscription service or if you buy an IVP Bundled subscription (i.e. MarketGear.com subscription and another subscription together serviced by IVP) then you will be contracting with Market Gear, whose principal place of business is at 11095 Oakdale Rd., Boynton Beach, FL 33437

5.  OUR RESPONSIBILITIES TO YOU

A SUMMARY OF WHAT THIS SECTION MEANS:

This section is important and you should read it carefully. It makes clear to what extent, if any, IVP accepts responsibility (liability) to you for your use of MarketGear.com or the IVP Content or in respect of any third party products or services that we refer to or link to on MarketGear.com. Unless you are a subscriber to MarketGear., we accept no financial responsibility to you arising from your use of MarketGear.com or the IVP Content. If you are a subscriber to MarketGear.com, we limit our financial responsibility to you arising from your use of MarketGear.com or the IVP Content to the price you paid for your subscription. In no circumstances do we accept responsibility for your use of Third Party Sites or in respect of any Third Party Products. By Third Party Sites we mean websites, online or mobile services provided by third parties, including websites of advertisers and sponsors that may appear on MarketGear.com. By Third Party Products we mean products or services provided by third parties.

Limitations of IVP Content: the IVP Content (including any information we publish regarding Third Party Products) is only for your general information and entertainment purposes and is not intended to address your particular requirements. In particular, the IVP Content, including UGC and any other content provided by third parties and distributed by MarketGear.com, does not constitute any form of advice, recommendation, representation, endorsement or arrangement by IVP. It is not intended to be and should not be relied upon by users in making (or refraining from making) any specific investment, purchase, sale or other decisions. Appropriate independent advice should be obtained before making any such decision, such as from a qualified financial adviser. Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) iVestPlus.com are at your own responsibility and entered into at your own risk. Any information that you receive via MarketGear.com, whether or not it is classified as ”real time”, may have stopped being current by the time it reaches you. Share price information may be rounded up/down and therefore may not be entirely accurate.

KEY TERMS:

IVP WILL WORK TO DEVELOP AND OPERATE MarketGear.com WITH REASONABLE SKILL AND CARE AND WILL USE REASONABLE EFFORTS TO PROMPTLY REMEDY ANY FAULTS OF WHICH IT IS AWARE. THIS IS THE ONLY PROMISE WE MAKE IN RELATION TO OUR PROVISION OF MarketGear.com, AND THE IVP CONTENT.

MarketGear.com AND THE IVP CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THIS MEANS THAT IVP DOES NOT MAKE ANY PROMISES IN RESPECT OF MarketGear.com OR THE SERVICES AND FUNCTIONS AVAILABLE ON OR THROUGH MarketGear.com OR OF THE QUALITY, COMPLETENESS OR ACCURACY OF THE INFORMATION PUBLISHED ON OR LINKED TO FROM MarketGear.com. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IVP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND DUTIES (EXCEPT ANY DUTIES OF GOOD FAITH) OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. IVP ALSO DOES NOT MAKE ANY PROMISES AS TO THE TIMELINESS, SECURITY, PERFORMANCE OR AVAILABILITY OF MarketGear.com AND DOES NOT PROVIDE ANY WARRANTY OR REPRESENTATION THAT MarketGear.com IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

THE ABOVE DISCLAIMERS APPLY EQUALLY TO YOUR USE OF MarketGear.com AND ALL IVP CONTENT. WITHOUT LIMITING THE ABOVE, IVP IS NOT LIABLE FOR MATTERS BEYOND ITS REASONABLE CONTROL. IVP DOES NOT CONTROL THIRD PARTY COMMUNICATIONS NETWORKS (INCLUDING YOUR INTERNET SERVICE PROVIDER), THE INTERNET, ACTS OF GOD OR THE ACTS OF THIRD PARTIES.

LIMITATIONS OF LIABILITY:

YOU AGREE THAT IF WE ARE IN BREACH OF THESE TERMS AND CONDITIONS, WE WILL ONLY BE RESPONSIBLE TO YOU FOR ANY DAMAGES THAT YOU INCUR ARISING OUT OF YOUR USE OF MarketGear.com OR THE IVP CONTENT (TO THE EXTENT THAT IVP’S LIABILITY IS NOT OTHERWISE EXCLUDED BY THIS SECTION 4) AS FOLLOWS:

• IF YOU INCUR ANY LOSS AS A RESULT OF USING MarketGear.com OR ANY IVP CONTENT OUTSIDE THE SCOPE OF THESE TERMS AND CONDITIONS, IVP ACCEPTS NO RESPONSIBILITY (LIABILITY) TO YOU FOR THIS.
• IF YOU HAVE PAID FOR A SUBSCRIPTION, THEN IVP ACCEPTS RESPONSIBILITY (LIABILITY) TO YOU FOR ANY DIRECT DAMAGES YOU ACTUALLY INCUR ARISING OUT OF YOUR USE OF MarketGear.com OR THE IVP CONTENT IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, SUBJECT TO A LIMIT EQUAL TO THE PRICE PAID BY YOU TO IVP FOR YOUR SUBSCRIPTION DURING THE YEAR IN WHICH YOU INCUR THE THAT GAVE YOU ACCESS AT THE TIME YOU INCURRED THE DAMAGE. YOU MAY AT YOUR OPTION RECEIVE A RENEWAL TO YOUR SUBSCRIPTION FREE-OF-CHARGE AT THE POINT OF RENEWAL, IN PLACE OF MONETARY DAMAGES.
• IF YOU HAVE NOT PAID FOR A SUBSCRIPTION, THEN IVP ACCEPTS NO RESPONSIBILITY (LIABILITY) TO YOU FOR ANY LOSS OR DAMAGE YOU MAY INCUR AS A RESULT OF YOUR USE OF MarketGear.com OR THE IVP CONTENT IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.

THE LIMITATIONS OF LIABILITY IN THIS SECTION 2 APPLY FOR THE BENEFIT OF IVP, ITS AFFILIATES, INCLUDING THOSE LISTED IN SECTION 1 AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS.

TO THE FULL EXTENT PERMITTED BY LAW YOU ACKNOWLEDGE AND AGREE THAT OUR THIRD PARTY CONTENT AND DATA SUPPLIERS HAVE NO LIABILITY WHATSOEVER TO YOU IN RESPECT OF ANY OF THEIR DATA SUPPLIED TO YOU AS PART OF THE IVP CONTENT.

YOU ALSO AGREE TO WAIVE, TO THE FULL EXTENT PERMITTED BY LAW, ANY RIGHT YOU MAY HAVE TO BRING LEGAL CLAIM AGAINST SUCH THIRD PARTIES ARISING FROM YOUR USE OF THEIR CONTENT OR DATA ON ANY IVP SERVICE.

6.  LINKS AND THIRD PARTY CONTENT.

This website provides links to other websites. These links are provided for convenience and informational purposes only, and not for purposes of making any endorsement or recommendation. You should be aware that when you select a link on the IVP website, you may be leaving the website. The information available on other websites may have certain restrictions on its use or distribution. Users should make themselves aware of such restrictions. IVP is not responsible for, nor has it developed or reviewed, the content of those sites, and does not make any warranty, express or implied, as to the accuracy, usefulness or timeliness of such information. In addition to links, other third party content may be available on this website. The views expressed are solely those of the author of the article, and do not necessarily reflect the views of the IVP; the information presented is not intended to constitute investment advice or recommendations to purchase, sell or hold securities of any company, but is intended to educate website users concerning the use of options, and the information presented is based on particular events that may or may not recur in the future.

7.  PROPRIETARY INTERESTS.

Information available on this website is owned, licensed or controlled by IVP or third parties who have permitted IVP license of its use. All trademarks, copyrights, trade names, service marks, logos or other identifying feature used on this website are property of their respective owners. Information may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose. Information may be viewed and printed for personal, non-commercial purpose. Any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

IVP does not permit unauthorized linking to or framing of this website. Any third party interested in creating a link or framing content from this website is required to submit a signed Linking, Framing and Content Sharing Agreement setting forth the terms and conditions by which such activities are allowed. IVP reserves the right to refuse to agree to any such request and also reserves the right to disable any unauthorized link to or framing of this website. IVP does not accept any responsibility for information available through any other website as a result of any unauthorized linking or framing activity.

8.  USER GENERATED CONTENT

MarketGear.com includes discussion forums and blogs that allow interaction between users and between users and IVP staff (Forums). The information posted to these forums or blogs by users is “User Generated Content” or “UGC”.

If you wish to view or participate in a Forum then you must comply with any specific rules posted on the Forum. You will retain ownership of the copyright in any of your UGC that you or we publish on MarketGear.com so you are free to re-use it as you wish. You agree that if you post UGC to a Forum then you are granting IVP a right (but not an obligation) unlimited in time to publish, re-use, archive, modify, delete or commercially exploit that UGC in whole or in part as we see fit, whether on MarketGear.com or otherwise, without any requirement to pay you for this and with or without attribution to you. This means that you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license to use any UGC you publish in whole or in part in any manner and for any purpose whatsoever and without further obligation to you. You also waive any moral rights that you may have in regard to the UGC.

You are responsible for all the content of any of your UGC that you or we publish. You are financially responsible to us for any claim against us by any third party that your UGC is not in accordance with the bullet points below or that otherwise relates to your UGC.

You agree that you will:

• only publish UGC that is your original content and will not infringe the copyright or other rights of any third party when publishing UGC.
• not post, link to or otherwise publish any UGC containing any form of advertising or promotion for goods and services or any spam or another form of unsolicited communication.
• not post, link to or otherwise publish any UGC with recommendations to buy or not buy a particular share or other investment or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any share or other investment.
• not post, link to or otherwise publish any UGC that is threatening, abusive, libelous, indecent or otherwise unlawful.
• not disguise the origin of any UGC and not impersonate any person or entity (including IVP employees or Forum guests or hosts) or misrepresent any connection with any person or entity.
• not post or otherwise publish any UGC unrelated to the Forum or the Forum’s topic.
• not post or transmit any UGC that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of MarketGear.com or any computer software or equipment.
• not collect or store other users’ personal data.
• not restrict or inhibit any other user from using the Forums.

The Forums contain UGC submitted by users over whom IVP has no control so we cannot, therefore, guarantee the accuracy, integrity or quality of any UGC. Some users may not behave properly and may post UGC that is misleading, untrue or offensive.

It is not possible for IVP to fully monitor all UGC published on MarketGear.com but where we have actually received notice of any UGC that is potentially misleading, untrue, offensive, unlawful, infringes third party rights or is potentially in breach of these terms and conditions, then we will review that UGC, decide whether to remove it from MarketGear.com and act accordingly. If you believe that any UGC published on MarketGear.com infringes any legal rights that you may have or is not allowed under these terms and conditions, please notify us immediately with specific details by contacting us at support@MarketGear.com.

9.  CHANGES TO AND VIOLATIONS OF TERMS OF USE.

IVP reserves the right to change the terms and conditions of this User Agreement at any time. Any such change will become effective immediately upon publication to this website.

10.  PRIVACY.

Your expectations of privacy are important. Please carefully read our separate Privacy Policy.

11.  USER OBLIGATIONS.

Any person accessing or using this website has the following obligations: (a) to provide accurate information; (b) to comply with all applicable laws and regulations; (c) not to introduce into this website, or any network or equipment supporting it, any virus, worm, harmful code, Trojan horse, or other disabling device, (d) not to attempt to interfere with or disrupt the website, or any network, and/or other equipment supporting it; (e) not to attempt to gain improper access to or otherwise interfere with any system or network connected to the website; and (f) not to use the website to send or otherwise distribute junk mail, spam, chain letters, or other unsolicited materials for mass distribution. Any violation of these obligations is grounds for denying a user access to and use of this website, in addition to any other available remedies.

12.  INDEMNIFICATION.

User agrees to indemnify and hold harmless IVP and its affiliates and their officers, directors, employees and agents from any and all claims and losses imposed on, incurred by or asserted as a result of or related to: (a) any noncompliance by user with the terms and conditions hereof; or (b) any third-party actions related to user’s receipt and use of the information, whether authorized or unauthorized.

13.  GENERAL.

IVP uses software programs and other tools to monitor traffic on this website to identify unauthorized attempts to upload or change information, or otherwise cause damage to the integrity of the website. IVP reserves the right to terminate access to this website, with or without notice, either generally or with respect to one or more particular IP addresses or Internet sites. IVP reserves the right to pursue all available remedies for any violation of these terms and conditions. If any clause of this User Agreement is declared invalid, that clause shall be deemed severable and shall not affect the validity or enforceability of the remainder.

14. Brokerage integration with TD Ameritrade

TD Ameritrade, Inc. (“TD Ameritrade”) has entered into a Marketing Partner Agreement with iVest Plus, Inc. (“Marketing Representative”) whereby TD Ameritrade compensates Marketing Representative for recommending TD Ameritrade as an executing broker. The existence of this Marketing Partner Agreement should not be deemed as an endorsement or recommendation of Marketing Representative by TD Ameritrade and/or any of its affiliated companies. Neither TD Ameritrade nor any of its affiliated companies is responsible for the privacy practices of Marketing Representative or this website. TD Ameritrade does not warrant the accuracy or content of the products or services offered by Marketing Representative or this website. Use of this website and its services and/or products is the decision of and at the discretion of the individual or entity choosing this service and/or product. TD Ameritrade makes no guarantees or warranties of any kind of the products or services offered by Marketing Representative or by or through this website and shall have no liability therefore.

15.  CHOICE OF LAW AND JURISDICTION.

These terms shall be governed by the laws of the State of Florida without regard to its conflict of law provisions, and User agrees to submit to the personal and exclusive jurisdiction of the courts located within Palm Beach County, FL.

16.  CORPORATE INFORMATION

iVest Plus, Inc. is the publisher of the MarketGear.com website, and its corporate address is 11095 Oakdale Rd. Boynton Beach, FL 33437

17.  CHANGES TO TERMS AND CONDITIONS

These terms and conditions were published on September 15th, 2018 and replace with immediate effect any previous terms and conditions.