Terms and Conditions
This section describes the special Terms and Conditions governing the use of all products of Zolio, Inc. These include the website zolio.com and the trading platform ZolioTrader. By using any of these, you are agreeing to abide by these Terms and Conditions. If the term “Zolio” is used, it refers to the company as a whole.
We may change these terms at any time and without prior notice. Your continued use of zolio.com and its trading platform, ZolioTrader, means that you accept any new or modified terms and conditions, so please check these Terms and Conditions periodically.
Section 1: Participant Agreement
VOID WHERE PROHIBITED.
This Participant Agreement (“Agreement”) governs the use of the zolio.com and ZolioTrader. Anyone accessing these sites agrees to abide by this Agreement and by the Rules of the platform in which they participate. These Rules appear under the Rules page and are incorporated herein by reference.
Zolio, Inc. may modify this Agreement or the Rules at any time, and such modification shall be effective immediately upon posting on the sites. Your continued access or use of these sites after the modifications have become effective shall be deemed your conclusive acceptance of the modified Agreement or Rules.
THESE SITES DO NOT OFFER, SOLICIT OR ARRANGE FOR THE SALE OR PURCHASE OF SECURITIES. NO ACTUAL SECURITIES ARE PURCHASED, SOLD OR TRADED ON THE PLATFORM. ALL INFORMATION IS PROVIDED FOR ENTERTAINMENT AND RECREATIONAL PURPOSES ONLY.
Section 2: What is zolio.com?
Zolio.com is a website that provides the trading platform ZolioTrader, an online trading and investing experience, to help young investors develop their skills and help them determine if investing is the career for them. The platform used is proprietary. No actual trades are made or money exchanged.
For investment firms, Zolio Inc. provides reports and customized development tools with its database subscription services called ZolioInsights.
Section 3: What is the purpose of zolio.com and ZolioTrader?
The purpose of zolio.com and ZolioTrader is to provide young, aspiring traders a real-time trading platform and “real world” trading experience, along with educational content that is informative, timely, and unique to help them determine if trading is a career they want to pursue or to help them grow in their current personal or professional lives.
ZolioTrader also provides investment management firms a tool, ZolioInsights, to enhance their recruiting efforts over time and for the process to become more inclusive, effective and efficient.
Section 4: What is not the purpose of zolio.com?
Neither zolio.com nor employees of or affiliated with Zolio, Inc. are investment advisors. Zolio, Inc. does not give any advice for personal investment strategies. If you base your investment decisions on content off this website, you may lose part or all of your money.
Zolio, Inc is not a recruiting firm which gives resume advice or individual interviewing advice. Participation in ZolioTrader does not guarantee an interview, a job, an internship or any networking opportunities.
You should not violate any other law or regulation, including, without limitation, the rules and regulations of the U.S. Securities and Exchange Commission and the national or other securities exchanges, especially including the rule against making false or misleading statements to manipulate the price of a security or the rule requiring you to disclose any compensation you may receive for describing a security.
You should not access ZolioTrader by any means other than through the interfaces we provide for use in accessing our services or use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, copy, or harvest data from any part of our sites, except those automated means that we have approved in advance and in writing.
Zolio, Inc., in its sole discretion, reserves the right to remove any postings, or deny access by any individuals, for any reason or no reason.
If you see something that you feel is a violation of the Zolio, Inc.’s Terms and Conditions, please notify us by emailing firstname.lastname@example.org.
We reserve the right to change the Terms and Conditions at any time. Changes will be posted on the applicable web page.
Section 5: Eligibility
Participants must be legal residents of the US.
Section 6: Registration
Registration is completed online. Participants may only maintain one active registration with ZolioTrader. By accepting this agreement, you certify that you personally have no other registration with ZolioTrader.
If you register, you agree to provide Zolio, Inc. with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms and Conditions, which may result in immediate termination of your account. You may not enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person. Zolio, Inc. reserves the right to refuse registration of, or cancel a user name in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your user name and password. Any user name and password provided to you for your access to the service shall be for your personal use only.
Section 7: Intellectual Property
All of the content on our websites and any service we provide is protected by U.S. and international copyright laws and is the property of Zolio, Inc. and/or providers of the content under license. By “content” we mean any information, mode of expression, or other materials and services found on zolio.com or ZolioTrader. This includes portfolios, stock analyses, software, our writings, graphics, entries and ratings, and any and all other features. Any copying, distribution, storing, or transmission of any kind, or any commercial use of our Content is prohibited without Zolio, Inc.’s prior explicit, written permission. That means you may not sell, auction, transfer or barter your subscription or any individual publication. You may also not republish, post, transmit or distribute the Content to on-line bulletin and message boards, blogs, chat rooms, intranets or anywhere else without our explicit consent. You further agree not to create abstracts from or scrape our content for use on another website or service. Zolio, Inc.’s content is prohibited for commercial use.
Section 8: Zolio Score and final reports
Zolio, Inc.’s reports, including but not limited to the Zolio Score, the ZolioTrader Participant report and any other variations, are generated for the benefit of the participants and investment firms who have purchased the reports. All decisions and determination of any and all reports created by Zolio, Inc for either the investment firms or the participants shall be made by Zolio, Inc. in its sole discretion and are final and not subject to appeals. Zolio, Inc. reserves the right to modify these rules or terminate any program, feature, portfolio, report, site, offering or service at any time, and at its sole discretion, without prior notice.
Section 9: Conduct
Unauthorized access to our sites is a breach of these Terms and Conditions and a violation of the law. You agree not to access our sites by any means other than through the interfaces we provide for use in our accessing our sites.
Zolio, Inc. may at any time, without prior notice and at its sole discretion, remove any post, terminate the membership, or take any action for violating the above provisions or otherwise take an action disruptive to a service.
You are responsible for statements made and actions taken through the use of your password.
You agree to immediately notify Zolio, Inc. of any actual or suspected unauthorized use of your username and password. We will not be responsible for any loss to you arising from unauthorized use of your data.
You may not or allow others to:
- Post or transmit any content that is disruptive, uncivil, abusive, vulgar, profane, obscene, hateful, fraudulent, threatening, harassing, defamatory, or which discloses private or personal matters concerning any person;
- Post or transmit any material that you do not have the right to transmit under law (such as copyright, trade secret or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements);
- Disclose material, non-public information about any company;
- Post, transmit, or link to sexually explicit material;
- Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Offer, sell, or buy any security;
- Post or transmit any advertising, promotional materials, or other forms of solicitation including chain letters and pyramid schemes;
- Post or transmit any file that contains viruses, corrupted files, “Trojan Horses,” or any other contaminating or destructive features that may damage someone’s computer;
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
- Take any action that imposes an unreasonably or disproportionately large load on our infrastructure or disrupts the functioning of our systems or Services; and
- Take any action that damages or disrupts the functioning of our systems or services.
Section 10: Electronic Communications
By registering for the Session, you agree to receive Session updates in the form of emails throughout the Session Term. By registering with us, you also agree to conduct business with us electronically and via the internet and to receive all required notices and disclosures in electronic format, including but not limited to email messages to an authorized email address that you have provided us. These email messages may contain the required notice or disclosure or may alert you to the availability of such a notice or disclosure on our website. We also reserve the right to effect delivery of notices or disclosures by posting to our site with no email transmission, to the extent permitted by applicable law. To access any of these notices or disclosures and to receive email messages, all you need is a valid email address, access to the internet and any generally available commercially available Web browser, such as Internet Explorer or Netscape Navigator. If, at any time, you wish to withdraw your consent to the receipt of electronic communications, you must notify Customer Service at email@example.com.
Section 11: Disclaimer of Warranties and Liabilities
We cannot and we do not warrant the completeness or accuracy of any content on our site or its usefulness for any particular purpose.
Zolio, Inc. makes no promises that our content or any of the services will be delivered to you uninterrupted, timely, secure or error-free. There may be extended periods of time when the site cannot be accessed for various reasons, many beyond our control. No corrections or adjustments will be made for trades, attempted trades or missed trades affected by the site’s operation or downtime.
Zolio, Inc. provides news and market information for informational purposes only and does not guarantee the accuracy of the information provided. Zolio, Inc. shall not be liable for any errors or delays in content, or for any actions taken or not taken in reliance thereon.
Under no circumstances will Zolio, Inc., its employees or its agents be liable for direct, indirect, incidental or any other type of damages resulting from your use or downloading of any material on our sites, even if we have been advised of the possibility of such damages. This includes, but is in no way limited to, loss or injury caused in whole or in part by our negligence or by anything beyond our control in creating or delivering any of our services.
You are hereby agreeing that you bear responsibility for your own investment research and investment decisions. You also agree that Zolio, Inc., its directors, its employees and its agents will not be liable for any investment decision made or action taken by you and others based upon reliance on news, information, opinion or any other material published through our services. Zolio, Inc. does not take responsibility, or make any claims or representations, for the accuracy, completeness, or even the truth of every bit of data, information, and opinion provided through our services.
NEITHER ZOLIO, INC. NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN FROM THE USE OF OUR SERVICES WILL MEET YOUR EXPECTATIONS AND (ii) ANY ERRORS WILL BE IMMEDIATELY CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SERVICES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABLITY AND THAT OF OUR THIRD PARTY CONTENT PROVIDERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Section 12: Indemnification
You agree to indemnify, defend and hold harmless Zolio, Inc., its officers, directors, employees, agents and affiliates from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or relating to any violation of this Agreement or any other wrongful activity related to use of the site (including but not limited to infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the site using your user name and password. Participants assume all liability for any injury or damages caused or claimed to be caused by his or her participation in the platform and release Zolio, Inc. and its affiliates, agents and assigns and advertising and promotional agencies and their respective officers, directors, and employees (collectively “Released Parties”) from any such liability. Released Parties assume(s) no responsibility for any injury or damage to Participant’s or to any other person’s computer relating to or resulting from this platform.
Section 13: Privacy
Except as noted in Section 6 [Registration], of this Agreement, our use and disclosure of your personal information is governed by our Privacy Statement, which is hereby incorporated by reference into this Agreement.
Section 14: Assignability
You may not transfer any rights or obligations you may have under this Agreement. We reserve the right to transfer or to subcontract any right or obligation under this Agreement at our sole discretion without your consent.
Section 15: Severability
If any term or provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, such term or provision shall not affect the Agreement’s other terms or provisions, or the whole of this Agreement, but such term or provision shall be deemed modified to the extent deemed necessary to render such term or provision enforceable, and the rights and obligations of the Parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent of the parties and the Agreement’s purposes.
Section 16: No Third-Party Beneficiaries
A person who is not a party to this Agreement has no rights under this Agreement.
Section 17: No Class Action
YOU ARE GIVING UP ANY RIGHT YOU MIGHT HAVE TO COMMENCE OR PARTICIPATE IN ANY CLASS OR GROUP LITIGATION OR PROCEEDING AGAINST US.
You understand that, in return for your agreement to this paragraph, Zolio, Inc. is able to offer the platform at the terms set out herein, and that your assent to this Section is an indispensable consideration to this Agreement.
Section 18: Other
If any provision in this Agreement is found to be invalid, unenforceable, or nonsensical, the remaining provisions will continue in full force and effect. This Agreement is and always will be governed by the laws of the United States of America and the State of Massachusetts.