2016 ZOLIO WOMEN’S INVESTING COMPETITION: NORTHEAST RULES

Acknowledgment
By registering to enter the 2016 Zolio Women’s Investing Competition: Northeast (the “Contest”) on Zolio.com (Zolio.com hereinafter, the “Site”) and by checking the “I have read and agree to the rules of “2016 Zolio Women’s Investing Competition: Northeast” box on the contest registration page, you (“you” or “Participant”) acknowledge that you have read and understand these official rules attached hereto and agree to be bound by all of the terms and conditions of the Rules and any amendments thereto, and by the decisions of Zolio Inc. which are final and binding and are not subject to appeal. You further agree to waive any claim based on any alleged ambiguity or error in any Contest materials including but not limited to the Rules, the selection of the Winners or the administration of the Contest itself.

Eligible Participants

• Participants must identify as women
• Participants must be enrolled in undergraduate or graduate college in a school in the Northeast of the United States, or must have graduated no earlier than 2014
• If participants meet the above timing, but live in the Northeast as opposed to attending or having attended school in the Northeast, they may also apply
• Participants must be legal residents of the United States
• Participants must be at least eighteen (18) years old or that age as of the first day of trading for the competition.
• Note: the Northeast geographic distinction is in place because all winners who are invited to the Meet & Greet in the Boston area will need to provide for their own travel costs to attend.

The following people are not eligible to participate in the contest: i) employees of and/or consultants to Zolio, Inc., ii) employees of and/or consultants and/or interns of any sponsoring firms of the recruiting experience.

Dates of Competition
Practice trading begins immediately upon registration and completion of Profile. The first day of trading for the Contest will be October 10, 2016. The last day of trading for the competition will be January 27, 2017. Each Participant will have only one start of trading after the practice period. There will be no resets to accounts, no cancellation of trades, no requests to add trades.

Late Enrollments
New participants may sign up late, but no later than November 18, 2016, and will not be able to recoup the lost trading days at the end of the session and/or be able to request that trades be predated.

Profile Questionnaire
In order to establish a Contest account, participants must complete a proprietary profile on the ZolioTrader site. This questionnaire will take approximately 45 minutes to complete and may be done in stages. One is not eligible for the Contest’s cash or prizes without completing the Profile. By completing the profile, Participants agree to have non-identifiable, personal data included in a Zolio database which may be shared with asset management firms. No individually identifiable information, such as, but not limited to, name, performance, address, etc. will be disclosed outside Zolio without a Participant’s prior consent.  However, if one is invited to a Meet & Greet with recruiting firms, disclosure of personally identifiable data is a prerequisite to attending, and the Participant’s agree to have their personally identifiable data shared with the attending firms. Questionnaire data will be used by Zolio for overall data analysis purposes and to provide Participant end reports.

End Reports
Questionnaire responses, trading results and journaling activity are combined and analyzed by Zolio to provide all Participants who complete the Contest in good standing (i.e. one who has adhered to the Trading Rules) a certified copy of their performance report, letter of completion of Contest and a personalized feedback report. Click here to see example of end report.

Prizes
Up to $10,000 in cash will be awarded to a variety of winners. Only one prize per Participant will be awarded. In the event that a Participant wins two categories, the larger prize will be awarded. If two prizes of equal value are won by a single Participant, it will be in Zolio’s sole discretion to decide which one will be awarded to that Participant. If one person tops the leaderboard in both the risk-adjusted and absolute return categories, Zolio will note her as the winner of both return categories and award her $2,000. The second return prize will not be awarded.

Cash and Prize Winners

There will be two types of winners with a total of five prize categories: The first type is based on portfolio investment performance, and has two categories, namely i) risk-adjusted performance, ii) absolute performance. The second type will be awarded to a total of three categories based on, iii) trading behavior, iv) creativity, and, v) resiliency. The prizes associated with each category are as follows:

• $2,000 cash to the best risk-adjusted performance (as defined by Zolio in “Determination of winning contestants” section below)
• $2,000 to the highest absolute performance (as defined by Zolio in “Determination of winning contestants” section below)
• $2,000 to the participant who exhibited outstanding trading behavior (as defined by Zolio in “Determination of winning contestants” section below)
• $2,000 to the participant who exhibited the most creativity (as defined by Zolio in “Determination of winning contestants” section below)
• $2,000 to the participant who exhibited the most resilience (as defined by Zolio in “Determination of winning contestants” section below)

In addition, Zolio will host an invitation-only networking event, called a Meet & Greet, and will invite Participants to attend these events. There will be at least ten invitees from each of the five prize categories. Zolio will select invitees at its sole discretion depending on a combination of engagement, performance, and criteria being sought by firms.  All expenses, including but not limited to travel costs, associated with attending this event will be the sole responsibility of the Participant. Meet & Greet will be held in the Boston area.

Determination of Winning Participants
In order to receive a prize, a Participant must be in good standing, i.e. all Trading Rules must be adhered to in addition to the guidelines provided in the Determination of Winning Participants section below. For the avoidance of doubt, this refers to the detail in the Trading and Platform Rules listed below, e.g. a minimum of 5 distinct positions must be held, weekly journals must be completed, etc. Each category will be judged by Zolio representatives. In all cases, judging will be at the sole discretion of Zolio, and the final outcome will not be up for discussion or debate. Zolio reserves the right to take up to 30 business days to decide the winners and to issue prizes and prize money.

The respective winner will be issued a check by Zolio in the name used for registering with the Contest. Each winner is responsible for the payment of all local, state and federal taxes attributable to his/her respective prize, if and as applicable. All other expenses and incidentals associated with participating in the Contest (e.g. availability of a computer, online access, costs to attend the Meet & Greet) are the sole responsibility of the Participants. All prizes will be determined by Zolio in its sole discretion. Prizes are non-transferable.

• Highest risk-adjusted performance: Risk-adjusted performance considers the amount of risk a Participant undertook in order to achieve the investment results obtained as well as allows the level of risk in a portfolio to be compared when the portfolios are not identical. For this purpose, the Risk Adjusted Return of a portfolio will be defined as its Information Ratio (IR), as measured against the S&P 500. The IR of your portfolio will be calculated as defined here – http://www.investopedia.com/terms/i/informationratio.asp – and represents a “ratio of portfolio returns above the returns of a benchmark […] to the volatility of those returns.”  Portfolios with higher IR rankings will beat the benchmark index and show steady, predictable rates of return. Zolio will not award a prize if any Competition or Trading Rules are breached. Zolio reserves the right at any time to interview any Participants to discuss their winning strategies. Prizes will be awarded at the sole discretion of Zolio.
• Highest absolute performance: Participants’ end performance shall be based on the highest life-to-date dollar PNL as shown in the Performance Report of each Participant. All Participants have the same starting capital amount of $1,000,000 over the full duration (October 10, 2016 – January 27, 2017 or 16 weeks) of the Contest or subset of those weeks if a Participant has chosen to not trade the full 16 weeks. Calculation will be automatically made as of the last trading day of the Competition. Zolio will not award a prize if any Competition or Trading Rules is breached. Zolio reserves the right at any time to interview any Participants to discuss their winning strategies. Prizes will be awarded at the sole discretion of Zolio.
• Trading behavior: This category is a proprietary measurement. The calculation will not be shared but it incorporates things such as the level of discipline one brings to the trading regimen. This category will be judged solely at Zolio’s discretion.
• Creativity: This category is a proprietary measurement. The calculation will not be shared but it incorporates things such as the ability to think out of the box and to understand one’s own “edge” in the market. This category will be judged solely at Zolio’s discretion.
• Resiliency: This category is a proprietary measurement. The calculation will not be shared but it incorporates things such as the ability to keep going regardless of performance. This category will be judged solely at Zolio’s discretion.

Contest Website Performance
Zolio is not liable for any delay or failure of the Contest Website or the simulation to perform. There is no guarantee that Participants will be able to access the Contest Website whenever and wherever desired. There may be extended periods of time when you cannot access the Contest Website for various reasons, many beyond Zolio’s control. Heavy player traffic on the Contest Website may affect your access to the Contest Website. No corrections or adjustments will be made for trades, attempted trades or missed trades affected by the Contest Website’s operation or downtime. The Contest will not recognize the attempted trades that the Contest Website did not process.

Meet & Greet
There will be one (1) Meet & Greet for up to sixty (60) Participants in the Boston area. Up to ten to fifteen Participants from each prize category will be invited. The invitations are at the sole discretion of Zolio. The date of the Meet & Greet will be communicated by December 1, 2016, although the invitees will not be notified until the end of the Competition once final performance in all categories may be determined. The actual Meet & Greet event will be held in February 2017. If prize winners are unable to make the Meet & Greet, every effort will be made to introduce the invitee to the sponsoring firms via other online means. No rescheduling of the Meet & Greet event will, however, take place. Travel and accommodation costs to the Boston area are the sole responsibility of the Participants.

PLATFORM AND TRADING RULES

Securities
Securities are limited to Common Stocks and ETFs traded on U.S equity markets; securities will be filtered for reasonable volume, market capitalization and/or other factors affecting their tradeability on the Zolio platform.

A minimum market capitalization of $100 million is required; if a security is above $100 million market capitalization when purchased, but falls below this threshold during trading, a system generated liquidation of the position will be initiated.

Both long and short positions are allowed and cash may be held.

Note: Availability of securities is limited to the capabilities of the data provider. One should ensure a security is available to trade by typing in the ticker symbol before research is conducted. Requests may be made to the support@zolio.com to have a security added, but not all securities may be available. Availability is subject to our data provider and trading rules. Zolio will not adjust results based on the lack of an available security. It is at Zolio’s sole discretion to add a security.

Pricing Information
Level 1 pricing information only

Exchanges
Securities trading on NASDAQ and listed on NASDAQ, NYSE, NYSE MKT (formerly AMEX) and other US Exchanges.

Types of Orders
Market Orders
Limit Orders
Stop Orders

See the ZolioTrader’s Learning Center for definitions of these order types.

Account Size
$1,000,000 (Fictitious)

Strategy/Style
No limitations

See the ZolioTrader’s Learning Center for explanations of various types of strategies.

Minimum Number of Equity/ETF Positions
Participants must purchase, defined as either a long or a short position, at least 5 discrete equities or ETF’s over the course of the Contest. A discrete position is a single ticker symbol regardless of the number of times that position was bought or sold. For example, buying 10 shares of Apple, then buying 15 more shares of Apple, then selling 20 shares of Apple is tallied as 1 discrete position as all trade activity pertained to one discrete ticker symbol.

Trading System
Participants are required to manually enter trades into the online trading system. Participants may not modify the trading system, may not integrate software with the trading system, may not use any other computer aides to game the system timing wise in anyway, and must use the system “as is”.

Minimum Size for Any Single Trade
USD $5,000 (Fictitious). Rule is enforced by system automatically.

Maximum Number of Daily Trades
Participants can place a maximum of 30 trades per day, either long or short positions. Rule is enforced by system automatically.

Transaction Fees
USD $0.045 per share (Fictitious)

Financing (Cost to short)
300 basis points per annum of the total order (Fictitious)

Limits on Long/Short Exposure
The short or long market value of a Participant’s portfolio may not exceed a multiple of five times capital. Any trade that would increase the long or short exposure beyond this limit will be rejected by the Platform for this reason.  For example, if an account has a value of $1 million, one cannot be short more than $5 million in total. Rule is enforced by system automatically.

Buying Power
Buying power is the amount of funds a Participant has remaining to buy a stock. It is equal to Initial Capital + Total Cash Inflows/Outflows – Commissions – Borrow Cost + Realized P&L + Unrealized P&L from Shorts. Buying power is increased by Selling Short and reduced by Buying Long. The rule affects Buy trades only, and is subject to the 5 times capital requirement. Rule is enforced by system automatically.

Limits on Concentration of Capital
The market value of any position (in a single instrument, either long or short) cannot breach 30% of your current capital.  Orders that would cause a position to breach this limit will be rejected.  If a position crosses this limit due to P&L changes on the position or the portfolio as a whole, only orders that cause the market value of the position to be reduced will be accepted.  If a position grows to be more than 30% of the value of your portfolio after the initial placement of the trade, the trade will be allowed to stay in your portfolio, i.e. we are not going to force a liquidation of a winning trade just because it grew to more than 30% of their portfolio. Rule is enforced by system automatically.

Drawdown Limit 
A 65% loss of the initial Account Size, i.e. down to an account balance of $350,000 from $1,000,000 will result in a suggested 1-day cool-down period.  It is recommended (but not required) that the Participant creates a drawdown plan including a revised risk approach to avoid a continual drawdown. After the cool down period, the Participant will be entitled to resume trading the remaining funds in the Account.

Loss of Capital
Participants who sustain trading losses totaling $1,000,000 or more will have their accounts closed. Accounts will not be reinstated for the duration of the Contest.

Trade Journal
Three types of journals exist on the Zolio platform. A trade or research journal may be completed any time a Participant places a trade, and a weekly journal must be completed once per week during the Contest once an initial trade has been placed. Participants will be given prompts as reminders before they are able to resume trading. The journals are located on the Platform and include dropdown and “free form” questions.

TERMS AND CONDITIONS

This section describes the special Terms and Conditions for Zolio.com. By using Zolio.com, and ZolioTrader, you are agreeing to abide by these Terms and Conditions.

We may change these terms at any time and without prior notice.  Your continued use of Zolio.com and its service, 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 website.  Anyone accessing the site agrees to abide by this Agreement and by the Rules of the platform in which they participate. Those Rules appear under the Rules page and are incorporated herein by reference.

Zolio.com may modify this Agreement or the Rules at any time, and such modification shall be effective immediately upon posting on the site. Your continued access or use of the site after the modifications have become effective shall be deemed your conclusive acceptance of the modified Agreement or Rules.

THIS SITE DOES NOT OFFER, SOLICIT OR ARRANGE FOR THE SALE OR PURCHASE OF SECURITIES. NO ACTUAL SECURITIES ARE PURCHASED, SOLD OR TRADED AS PART OF THE PLATFORM. ALL INFORMATION IS PROVIDED FOR ENTERTAINMENT AND RECREATIONAL PURPOSES ONLY.

Section 2: What is Zolio.com?
Zolio.com provides its service, ZolioTrader, which is an online trading and investing experience, to help young, aspiring 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 as part of the trading experience.

For investment firms, Zolio.com provides reports and customized development tools based on the ZolioTrader platform for recruiting purposes.

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.

The purpose of Zolio.com is to provide investment management firms a tool to enhance their recruiting efforts over time and for the recruiting process to become more inclusive, effective and efficient.

Section 4: What is not the purpose of Zolio.com?
Neither Zolio.com. nor employees or consultants on behalf of Zolio.com are investment advisors.  Zolio.com 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.com and ZolioTrader are not recruiting firms or firms which give resume and individual interviewing advice.  Participation in MyZolio.com does not guarantee an interview, a job, an internship or any networking opportunities.

Participants 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.

Participants should not access Zolio.com by any means other than through the interfaces we provide for use in accessing our services or use any automated means, including, without limitation, multiple computer screens, 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.com, 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.com Terms and Conditions, please notify us by emailing support@zolio.com.

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 identify as women
• Participants must be enrolled in undergraduate or graduate college in a school in the Northeast of the United States, or must have graduated no earlier than 2014
• If participants meet the above timing, but live in the Northeast as opposed to attending or attended school in the Northeast, they may also apply
• Participants must be legal residents of the United States
• Participants must be at least eighteen (18) years old or that age as of the first day of trading for the competition.
• Note: the Northeast geographic distinction is in place because all winners who are invited to the Meet & Greet in the Boston area will need to provide for their own travel costs to attend.

The following people are not eligible to participate in the contest: i) employees of and/or consultants to Zolio, Inc., ii) employees of and/or consultants and/or interns of any sponsoring firms of the recruiting experience.

Section 6: Registration
Registration is completed online.  Participants may only maintain one active registration with Zolio.com. By accepting this agreement, you certify that you personally have no other active registration with Zolio.com.

If you register, you agree to provide Zolio.com 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.com 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 and/or is provided by third parties is protected by U.S. and international copyright laws and is the property of Zolio.com and/or providers of the content under license except where explicitly listed as coming from a separate third party source. 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.com’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’s content is prohibited for commercial use.

Section 8: Zolio Final reports
Zolio.com’s reports, including but not limited to, 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.com for either the investment firms or the participants shall be made by Zolio in its sole discretion and are final and not subject to appeals.  Zolio 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. No personally identifiable data is ever disclosed without prior consent from the Participant.

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 accessing our sites.

Zolio.com 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.com 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 Support at support@zolio.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.com 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.com provides news and market information for informational purposes only and does not guarantee the accuracy of the information provided.  Zolio.com 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.com, 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.com, 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.com 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.COM 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.com, 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.com 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
Participants 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.com 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.

Our services are directed at a U.S. audience and to the audience in any other country in which Zolio may offer this competition. We cannot warrant that the Services are appropriate for users outside the United States or that use of the Services is permitted under the laws of other jurisdictions. All personal data are maintained in the United States under the terms of our Privacy Policy.

Participation Agreement

BY CLICKING “ACCEPT,” YOU ACCEPT IN ITS ENTIRETY AND WITHOUT MODIFICATION THIS PARTICIPATION AGREEMENT (THE “AGREEMENT”) AND THE TERMS AND CONDITIONS (APPEARING UNDER THE TERMS AND CONDITIONS PAGE AND INCORPORATED HEREIN BY REFERENCE) PERTAINING TO YOUR ACCESS TO THE PLATFORM (AS DEFINED BELOW) AND PARTICIPATION IN A SESSION (AS DEFINED BELOW).

ZOLIO, INC. AND ITS AFFILATES (COLLECTIVELY, THE “COMPANY”) RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND THE TERMS AND CONDITIONS WITHOUT NOTICE AT ANY TIME. ANY SUCH CHANGE TO THIS AGREEMENT OR THE TERMS AND CONDITIONS SHALL BE EFFECTIVE UPON POSTING TO THE COMPANY’S WEBSITE. ACCORDINGLY, THE COMPANY SUGGESTS THAT YOU PERIODICALLY REVIEW THIS AGREEMENT AND THE TERMS AND CONDITIONS WHEN ACCESSING OR USING THE PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY TEMPORARILY OR PERMANENTLY RESTRICT, SUSPEND OR TERMINATE THIS AGREEMENT, THE TERMS AND CONDITIONS OR YOUR ACCESS TO, AND USE OF, ALL OR ANY PART OF THE PLATFORM, INCLUDING ANY LINKS TO THIRD PARTY SITES, AT ANY TIME, WITH OR WITHOUT CAUSE, INCLUDING, WITHOUT LIMITATION, ANY BREACH OF THIS AGREEMENT OR THE TERMS AND CONDITIONS AS DETERMINED IN THE COMPANY’S SOLE AND ABSOLUTE DISCRETION, AND WITHOUT PRIOR NOTICE OR LIABILITY. THE COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO OR USE OF THE PLATFORM.

1. The Platform
   This Agreement governs your access to and use of the Company’s website, software, mobile applications, content, products, services, its real-time online financial market trading system and other components now known or later developed (the “Platform”) in connection with your participation in an educational financial market trading session (a “Session”) and the development of a record of your trading performance during a Session (a “Track Record”).

Generally, the Platform and the Sessions were designed by the Company to afford aspiring traders the opportunity to learn, experience and develop the necessary skills to successfully trade equity securities in a real time environment. After participating in a Session, you should have a better understanding of whether you are suited to pursue a career in investment management.

Anyone registering for a Session and accessing the Platform agrees to abide by this Agreement, the Terms and Conditions and by the rules (the “Rules”) in which they participate. The Rules applicable to each Session appear under the Rules page and are incorporated herein by reference.

The Company may modify this Agreement, the Terms and Conditions and/or the Rules at any time, and such modification shall be effective upon posting on the Company’s website. Your continued access or use of the Platform after the modifications have become effective shall be deemed your conclusive acceptance of the modified Agreement and/or Rules.

You acknowledge and agree that the Platform is the exclusive property of the Company and/or the Sources (as defined herein). All information contained in the Platform is intended solely for the use of those persons who have been granted permission to use the Platform and have agreed to this Agreement, the Terms and Conditions and the Rules.

2. Eligibility
   This Session is open to all

• Participants must identify as women
• Participants must be enrolled in undergraduate or graduate college in a school in the Northeast of the United States, or must have graduated from a Northeast school no earlier than 2014
• If participants meet the above timing, but live in the Northeast as opposed to attending or attended school in the Northeast, they may also apply
• Participants must be legal residents of the United States
• Participants must be at least eighteen (18) years old or that age as of the first day of trading for the competition.
• Note: the Northeast geographic distinction is in place because all winners who are invited to the Meet & Greet in the Boston area will need to provide for their own travel costs to attend.

PARTICIPATION IN A SESSION FOR WHICH YOU ARE NOT ELIGIBLE WILL PLACE YOU IN BREACH OF THIS AGREEMENT AND THE APPLICABLE RULES; AND WILL RESULT IN THE FORFEITURE OF YOUR REGISTRATION FEE, AND MAY SUBJECT YOU TO CIVIL LIABILITY.

3. Registration
   Registration for a Session is an online process. To register, click on the Registration page and follow the directions. After registration, you will be granted permission to access and use the Platform (including, without limitation, various components of the Platform) during the term of the applicable Session by using a unique user name and password. You acknowledge and agree that the user name and password is the exclusive property of the Company and/or the Sources. You also agree that you will be the only authorized user of the Platform using your unique user name and password. You agree not to provide or make known your user name and password to any other person for the purpose of facilitating that person’s access and unauthorized use of the Platform. You may only register once per Session.

BY REGISTERING TO PARTICIPATE IN A SESSION, (I) YOU AGREE THAT ANY AND ALL INFORMATION YOU SUPPLY IN THE REGISTRATION IS CURRENT, TRUTHFUL AND COMPLETE; AND (II) YOU ARE NOT A COMPLETITOR OF THE COMPANY OR ARE NOT USING THE PLATFORM FOR REASONS THAT ARE IN COMPETITION WITH THE COMPANY.

4. Trading System
   Upon registering for a Session, you will be granted permission to use an electronic trading system for purposes of entering, facilitating or routing orders or trading (“Trading System”) and establish a trading account (“Trading Account”). Reports, content and investment tools can be found on ZolioTrader (the “Portal”), which will serve as your primary web portal for a Session. The Trading System, Trading Account and the Portal are all components of and included in, the definition of the Platform.

All or any part of the Trading System may be developed, licensed and/or provided by third-party licensors, vendors, subcontractors or other third-party sources (collectively, “Sources”). The Company and/or any Source, at any time, with or without notice, may monitor or modify any aspect of, or limit or terminate your use or access to, any or all of the Trading System. The Company may add, subtract and/or substitute Trading Systems without prior notice, consent or liability.

You shall be responsible for all orders, instructions and transactions that are identified by the Trading System as coming from you, and all consequences thereof, whether entered by an authorized person or unauthorized personnel or by any other person. In addition, all trades must only come from you and may not be aided by any electronic or systematic inputs of any kind from any other sources, and to do so will result in disqualification. We reserve the right to discuss details of each participant’s portfolio and trading strategy in advance of awarding prizes.  Zolio does not “correct” or unwind any mistaken trades at any time or for any reason.

The Trading System and content provided on the Platform may be delayed or disrupted by the Sources. The Company obtains its Trading System and content from the Sources it believes to be reliable. The accuracy, completeness, timeliness or correct sequencing of the Trading System and/or content, however, cannot be guaranteed by either the Company or any Source. You acknowledge and agree that neither the Company nor the Sources will be liable for the accuracy of such Trading System and/or content and that neither the Company nor the Sources will have any duty to verify, correct, complete, or update any Trading System and/or content.

The applicable Session and Platform are provided for informational and educational purposes only. The Platform is limited to personal, non-commercial use and the software and content contained therein may not be copied, modified, duplicated or distributed in any form or for any reason without the express written consent of the Company. The Company reserves the right to cancel a Session or the Platform at any time, without prior notice, consent, for any or no reason, and without liability. In the event Zolio needs to cancel with the first 30 days of the Competition, a refund of the registration fee will be provided.

THE TRADING ACCOUNT WILL BE FUNDED WITH FICTITOUS CAPITAL SPECIFIED IN THE RULES FOR YOU TO TRADE USING THE TRADING SYSTEM. THE TRADING ACCOUNT WILL BE CHARGED WITH THE FICTITIOUS TRANSACTION FEES AND FINANCING CHARGES SPECIFIED IN THE RULES DURING A SESSION.

5. Content; Limitations on Use
   The Company and its Sources own and control all materials published on the Platform, unless such materials are credited to another person as the provider. These materials include, without limitation, text, photographs, images, illustrations, audio clips, video clips, surveys, lists, databases, advertising and other items (the “Content”).

The Content is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights and you may not sell, publish, distribute, retransmit, reprint, resell, copy, reproduce, modify, reverse engineer or exploit for any commercial purposes the Content, post the Content to another outlet, location or destination or provide access to the Content you may download from the Platform to any other person.

The Company provides the Content for your personal use in connection with your education, and not for any other reason.

6. User Conduct
   You agree to comply with all applicable federal, state and local laws, regulations and rules relating to your access to the Platform, including, without limitation, the use of the Trading System, Portal and Content. You further agree that you will not interfere with the use and enjoyment of the Platform by any other user.

The materials you upload and/or post to the Platform is defined herein as “User Content.” You shall not upload to, or distribute or otherwise publish on the Platform any defamatory, obscene, fraudulent, misleading, deceptive, pornographic, abusive, discriminatory, threatening or otherwise inappropriate User Content. You acknowledge the Company may edit, remove, modify, publish, transmit and display any such material on the Platform and elsewhere, and you hereby waive any rights you may have in the material. By submitting User Content, you consent to its display on the Platform and to the Company’s related online and offline use of the User Content.

You are responsible for your User Content and, while the Company cannot review all User Content and is not liable for it, the Company does reserve the right, but not the obligation, to delete, move or edit User Content that it, in its sole discretion, deems to be abusive, defamatory, obscene or in violation of any applicable laws or otherwise inappropriate.

You grant the Company an irrevocable, perpetual, unlimited, exclusive, world-wide, fully paid up and royalty free, assignable, sub-licensable license to any User Content posted by you, which includes, without limitation, the Company’s right (or the right of any person that the Company designates) to use, copy, transmit, excerpt, publish, distribute, modify, create derivative works of, publicly display or otherwise adapt such User Content in any form, language or media now known or hereinafter developed.

You represent and warrant that (a) no User Content submitted by you will (i) violate, plagiarize or infringe upon the rights of a third party, or (ii) contain defamatory or otherwise unlawful material.

You agree that, during the term of this Agreement and for a period of 2 years thereafter, you will not, directly or indirectly, as a sole proprietor, member of a partnership, stockholder, investor, owner, officer or director of a corporation or other entity, or as an employee, agent, associate or consultant of any person, partnership, corporation or other entity, other than the Company, publish, transmit or display content which is similar to the Content or in competition with the Company or the Company’s business.

7. Site Opinion Disclaimer
   You understand and acknowledge that no piece of Content published, transmitted or displayed on the Platform represents a recommendation that a particular trade, trading strategy, or investment is suitable for you. In addition, you acknowledge that any information or opinion published on the Platform will be used for informational purposes only and should not be deemed to be a recommendation to buy or sell any security. No person or party providing or publishing content on the Platform, nor the Company itself, should be considered your investment adviser or consultant. You acknowledge that affiliates of the Company may have positions or be involved with transactions relating to the securities discussed on the Platform.

Any opinions published, transmitted or displayed on the Platform are solely the opinion of the person or party publishing the Content on the Platform and may not reflect the Company’s opinions. Such opinions may have been previously disseminated on the internet or through another medium and have not been tailored to any particular person’s or group’s circumstances. Persons rendering such opinions may have positions in or be involved with transactions relating to securities mentioned on the Platform. However, you should not treat any opinion or information published on the Platform as a specific inducement to make a particular investment or follow a particular investment strategy, but only as an expression of such person’s personal opinion. You are not being offered any securities, either directly or indirectly, from the Platform.

The opinions on the Platform are based upon information considered to be reliable, but the Company does not warrant the completeness or accuracy of those opinions, and they should not be relied upon as such. You may not spread false rumors based on any information found or heard on the Platform. The Company is under no obligation to update or correct any information or opinion provided on the Platform. Any opinions are subject to change without notice. The Company’s compensation to third parties that provide opinions is not, in any way, related to the specific opinions expressed by those third parties.

The Company does not guarantee any specific outcomes or profits from using the Platform or any of its Content. You should be aware of the real risk of serious or total loss in following any strategy or investment discussed on the Platform. Strategies or investments discussed may fluctuate in price or value, and past performance of any strategy or investment is not indicative of its future performance.

Any or all investments or strategies mentioned on the Platform may not be suitable for you. This material does not take into account your particular investment objectives, financial situation, or financial needs and is not intended as recommendations appropriate for you. Furthermore, because markets are perpetually changing, the Content on the Platform may not be current, and therefore should not be relied upon. You must make independent decisions regarding investments or strategies mentioned on the Platform. Before acting on information or opinions published on the Platform, you should consider whether the opinions are suitable for your particular circumstances and strongly consider seeking advice from your financial or investment adviser.

You acknowledge that you will make your own investment decisions at all times.

THE COMPANY DOES NOT OFFER, SOLICIT OR ARRANGE FOR THE SALE OR PURCHASE OF SECURITIES. THE COMPANY AND ITS PLATFORM PROVIDES A FINANCIAL MARKET TRADING SIMULATION ENVIRONMENT. NO ACTUAL SECURITIES ARE PURCHASED, SOLD OR TRADED AS PART OF THE PLATFORM OR ANY SESSION. ALL INFORMATION IS PROVIDED FOR EDUCATIONAL PURPOSES ONLY.

8. Links to Third Party Sites
   From time to time, the Company may provide links on its Platform to third party internet sites or resources. The Company has not reviewed any of the sites or resources that may be linked to the Platform, and the Company is not responsible for the content of off-site pages or any other site linked or linking to the Platform. The Company is not responsible for the privacy practices of such other sites. Your linking to or use of any sites other than the Platform is at your own risk. The Company’s inclusion of links to other sites does not imply any endorsement of any kind by the Company of the material located on or linked to by such sites and should not be deemed as such by any user of the Site. The Company disclaims any responsibility for the products or services offered or the information contained on any sites other than the Platform. You may not place a link to the Platform on any other site, or frame the Platform within another site. Zolio itself does not share any information for marketing purposes and does not sell email addresses to any third party.
9. Warranty Disclaimer
   THE COMPANY AND ITS AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OWNERS, DIRECTORS, PRINCIPALS, OFFICERS, MANAGERS, INVESTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, “COMPANY PERSONS”) AND THE SOURCES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PLATFORM (INCLUDING, WITHOUT LIMITATION, THE TRADING SYSTEM, PORTAL AND CONTENT) AND/OR THE ACCURACY, ADEQUACY, RELIABILITY, TIMELINESS, COMPLETENESS, SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THE PLATFORM. THE PLATFORM AND ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND, AND ON AN “AS AVAILABLE” BASIS. THE COMPANY AND THE SOURCES, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PLATFORM, ANY MATTER RELATED TO THE PLATFORM AND SUCH INFORMATION AND MATERIALS ON THE PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY. THE COMPANY EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS AND OMISSIONS IN THE SITE OR THE INFORMATION AND MATERIALS CONTAINED THEREIN.

You acknowledge that you are aware that by using the Platform you may be subject to security and privacy exploitations, including, eavesdropping, sniffing, spoofing, hacking, breaking passwords, harassment, exposure to objectionable material, posturing, and/or other security or privacy hazards.

THE COMPANY PERSONS AND THE SOURCES FURTHER ASSUME NO RESPONSIBILITY FOR, AND MAKE NO WARRANTIES THAT, INFORMATION, SERVICES OR FUNCTIONS CONTAINED AT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKES THE PLATFORM AVAILABLE WILL BE FREE OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER HARMFUL COMPONENTS. THE COMPANY PERSONS AND THE SOURCES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY TYPE OR KIND TO YOUR COMPUTER, VIRUSES THAT MAY INFECT YOUR COMPUTER, OR SERVICES REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED ON YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS OR USE OF THE PLATFORM.

10. Limitation of Liability
    IN NO EVENT SHALL THE COMPANY PERSONS OR THE SOURCES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO ACCESS AND/OR USE THE PLATFORM OR WITH ANY DELAY IN USING THE PLATFORM, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, TRADING, PROFITS, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL, USE, OPPORTUNITY OR DATA; (II) ANY INFORMATION AND MATERIALS CONTAINED ON OR OBTAINED THROUGH THE PLATFORM; OR (III) OTHERWISE ARISING OUT OF THE ACCESS TO AND/OR USE OF THE PLATFORM; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. THE FOREGOING LIMITATIONS APPLY EVEN IF THE COMPANY PERSONS OR THE SOURCES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OR COULD HAVE FORESEEN THE DAMAGES. FURTHER, NONE OF THE COMPANY PERSONS OR THE SOURCES WILL BE RESPONSIBLE FOR ANY FAILURE TO COMPLY, BY YOU OR ANY THIRD PARTY, WITH THESE TERMS OF USE OR WITH APPLICABLE FEDERAL, STATE AND/OR LOCAL LAWS. SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE EXCLUSIONS OR DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY OR THE SOURCES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU.

These limitations of liability will apply regardless of: (i) any negligence or gross negligence of the Company Persons or the Sources or (ii) whether the liability arises in negligence, gross negligence, strict liability, contract, tort (including negligence or gross negligence) or any other theory of legal liability; and will remain in effect even if any remedy fails of its essential purpose.

Your sole remedy for dissatisfaction with your use of the Platform is to stop using the Site.

11. Extraordinary Events
    The Company Persons and the Sources shall not be liable for losses caused directly or indirectly by suspension of trading, wars, civil disturbances, terrorism, strikes, natural calamities, labor or material shortages, government restrictions, acts or omissions of exchanges, specialists, markets, clearance organizations or information providers, delays in mails, delays or inaccuracies in the transmission or orders or information, governmental, exchange or self-regulatory organization laws, rules or actions, or any other causes beyond the Company Persons’ and Sources’ control that may prevent or delay their respective obligations, including, without limitation, access to the Platform.
12. Indemnification
    You hereby agree, at your own expense, to indemnify, defend and hold the Company Persons and the Sources harmless from and against any and all liability costs incurred by these parties in connection with any claim arising out of any breach by you of this Agreement or any of the representations, warranties and covenants made by you herein, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully and as reasonably required or requested in the defense of any such claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our prior written consent.
13. Privacy Policy
    In registering for a Session and using portions of the Platform, you may provide us with personal information about you and/or other persons affiliated with or designated by you. “Personal information” is any information that can be used to identify or contact a specific individual. The Company may use Personal Information for our own internal purposes. The Company will not transfer, sell or disclose such Personal Information to any other third party without the applicable person’s prior consent, except (a) as may be required by law (including, without limitation, pursuant to a subpoena, search warrant or other court order, or the order of any regulatory body having jurisdiction over us or our affiliates); (b) to protect the integrity of the Platform and/or to protect the Company’s interests, rights, safety, or property; (c) to enforce this Agreement; (d) to provide you with the Platform and to perform activities related to the Platform; (e) in connection with our merger, acquisition, divestiture, change of control or liquidation or (f) to operate the Company’s systems properly. In general, the Company’s business practices limit access to Personal Information obtained through your use of the Platform to those members of its personnel who need to know such information to conduct our operations. The Company maintains physical, electronic and procedural safeguards designed to protect such information from unauthorized access or use. The Company will use personal information obtained through your use of the Platform only in accordance with the privacy policy in effect at the time such information was provided.

Prior to the conclusion of a Session, you shall by contacted by the Company with a request for approval (an “opt-in” approval) to share select elements of your Personal Information and Track Record with third party investment managers. Other than Personal Information, you grant the Company an irrevocable, perpetual, unlimited, exclusive, world-wide, fully paid and royalty free, assignable, sub-licensable license to use and distribute any information furnished by you as the Company deems fit in its sole and absolute discretion, which includes, without limitation, the Company’s right (or the right of any person that the Company designates) to use, copy, transmit, excerpt, publish, distribute, modify, create derivative works of, publicly display or otherwise adapt such information in any form, language or media now known or hereinafter developed.  Company reserves the right to change this Privacy Policy at any time and to apply such changes retroactively.

14. Termination of Registration
    The Company reserves the right to prevent access by anyone who acts irresponsibly or inappropriately in accessing or using the Platform, participating in the Session or in taking part in the Company blogs, discussion forums or the like. Although all trading on the Platform is fictional, you are expected to engage in trading activity that fully complies with all federal, state and local securities laws (including, without limitation, a prohibition against insider trading), as if you were trading actual stocks. The Company reserves the right to terminate your participation if you are suspected of cheating, attempting to exploit the Platform or Session or other inappropriate behavior. The Company, at its sole and absolute discretion, may terminate or suspend your use of the Platform and participation in a Session for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your participation in a Session, in whole or in part, without liability. Such activity also may be referred to appropriate law enforcement authorities. During a Session, strict rules regarding participant behavior will be enforced. These may include penalties, up to and including disqualification, for foul language, abuse of participants or any other person during a Session, or any other behavior that the Company, in its sole and absolute judgment, believes to be detrimental to its conduct of the Session. If you are penalized or disqualified from a Session as a result of any rules infraction, your registration fee will be forfeited.
15. Electronic Communications
    By registering for a Session, you agree to receive updates in the form of emails or Company website posts throughout the term of the Session and beyond. Further, it is expected that you will open and read these communications. By registering with the Company, you also agree to conduct business with the Company electronically and by means of 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 to the Company. These email messages may contain the required notice or disclosure or may alert you to the availability of such a notice or disclosure on the Company’s website. The Company also reserves the right to effect delivery of notices or disclosures by posting to the Company’s website with no email transmission, to the extent permitted by applicable law.
16. Governing Law; Jurisdiction
    This Agreement and all matters arising directly or indirectly from your access to or other use of the Platform and participation in a Session, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. You hereby submit to the exclusive jurisdiction of the state or federal courts located in the State of New York, and waive any jurisdictional, venue, or inconvenient forum objects to such courts. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based on 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.
17. Severability
    If and to the extent any term or provision herein is or should become invalid or unenforceable, then (i) the remaining terms and provisions hereof shall be unimpaired and remain in full force and effect and (ii) the invalid or unenforceable provision or term shall be replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term or provision.
18. Waiver
    Neither the Company’s failure to insist at any time upon strict compliance with the terms of this Agreement nor any continued course of such conduct on its part shall constitute or be considered a waiver by the Company of any of its rights or privileges hereunder.
19. Headings
    The headings of the provisions hereof are for ease of reference only and shall not affect the interpretation or application of this Agreement or in any way modify or qualify the rights or obligations provided for hereunder.
20. Injunctive Relief
    In no event shall you seek or be entitled to rescission, injunctive relief, or to enjoin or restrain the operation of the Platform. The Company shall have the right to seek or be entitled to rescission, injunctive relief or to enjoin or restrain you for any breach or suspected breach by you of this Agreement, the Terms and Conditions and/or the Rules.
21. Assignability
    You may not transfer any rights or obligations you may have under this Agreement. The Company reserves the right to transfer, delegate or to subcontract any right or obligation under this Agreement at its sole and absolute discretion without prior notice, consent and liability. The Company may also substitute, by way of unilateral novation, effective upon notice to you, the Company for any third party that assumes the Company’s rights and obligations under this Agreement, the Terms and Conditions, the Rules or any other agreement covering your access and/or use of the Platform.
22. No Class Action
    YOU ARE GIVING UP ANY RIGHT THAT YOU MIGHT HAVE TO COMMENCE OR PARTICIPATE IN ANY CLASS OR GROUP LITIGATION OR PROCEEDING AGAINST THE COMPANY.

You understand that, in return for your agreement to this provision, the Company is able to offer the Sessions at the terms set out herein, and that your assent to this provision is an indispensable consideration to this Agreement.

23. Entire Agreement
    This Agreement, in conjunction with the Terms and Conditions, Rules and applicable attachments, constitute the entire agreement between you and the Company with respect to use of the Platform in connection with a Session, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company with respect to use of the Platform in connection with a Session.

For questions regarding this Agreement, the Rules, the Platform or any Session, contact Customer Support at: support@zolio.com

Privacy Statement

Zolio.com Privacy Statement
Zolio.com respects your right to privacy. This Privacy Statement sets out and explains our privacy policy. Please read the following to understand our practices regarding personal information and how they affect you as a user of Zolo.com. This statement discloses our current privacy practices; if we make material changes to these practices, we will announce them. If you have questions concerning your privacy at Zolio.com, please email us at support@zolio.com and we will promptly respond.

Section 1: Which information do we collect about our users?
Zolio.com collects information from different parts of our web site so that we can provide a more complete and personal report and feedback to you at the end of the Zolio trading cycle, (timing explained in “What is Zolio?” section). We ask for personal information including (but not limited to) your name, email address, and other personal information when you register for our ZolioTrader platform and through our proprietary Profile Tool. However, unless we get your approval, we will not communicate any personal information, including but not limited to your name, address and email address, to anyone outside of Zolio. Your daily results, interim or final reports will also not be made available to anyone, unless you have given prior consent via email communication.

We only use email addresses for communication with you about any aspect of the ZolioTrader product.

Section 2: How do we use the information?
Our objective in collecting personal information as well as trading data, profile information and journaling data is to provide you with the most comprehensive feedback about your trading behaviors and style in order that you may learn more about yourself as a trader and about traders in general. See End Reports in Trading Rules. Only after you have given permission would personally identifiable information be shared with any investment firms, at a level of detail left to the discretion of Zolio.com. This may be at a very high level, e.g. trading results by group or style, or at a more detailed level, e.g. by individual participant.

When we show rankings of our members and their portfolios, we will use your unique participant number as an identifier.

Section 3: Do we disclose any of the personal information?
Zolio.com will not disclose any personally identifiable information about individual users, except as described in this Privacy Statement. We may also disclose aggregate information, not individually identifiable, in order to present group results or for other lawful purposes. Zolio does not use any personal information for any third party marketing campaigns.

Section 4: What measures do we take to protect your information?
Zolio.com is committed to protecting your personal information. We store your information on our secure servers. Personalized areas of our sites, such as ZolioTrader, are password-protected. Only you have access to these password-protected areas. Do not share your passwords with anyone. Zolio.com will never ask you for your password in an unsolicited phone call or email. If you are using a computer to which others have access, such as one in a computer lab, Internet cafe, or public library, always remember to log out and close your browser window when leaving our site.

Section 5: How can you correct or revise information that we have about you?
If you want to correct or change information in your Personal Profile, please send an email to support@zolio.com.

Section 6: Does Zolio use IP addresses and cookies?
IP Addresses
Your Web browser or email application automatically provides your Internet Protocol address (“IP address”) to other computers with which you communicate over the Internet, so that they know where to send you information.

We receive an IP address each time you view one of our Web pages, because the browser automatically reports it to us. We also may store the IP address when you register with Zolio.com.  We may use IP addresses for various purposes, including:

• Diagnosing service or technology problems.
• Assessing and maintaining system security.
• Displaying the most appropriate advertising or content.
• Studying how people use our site and how we can improve it.
• Reporting to advertisers about aggregate, but not individual, information derived from IP addresses. 

Cookies
Cookies are used on our sites in the following ways:

• We use cookies to access your stored account information automatically when you log on to our site, in order to deliver a better and more personalized service.
• We use cookies to estimate our audience size and usage patterns.
• We use cookies to allow you to access your account information automatically, as well as make changes to your personal information.
• Most browsers are set up to accept cookies, but you can configure yours to refuse cookies or notify you when you’ve received one. Browsers differ, so check your “Help” menu to learn how to change your cookie preferences. If you reject cookies on our sites, though, you will not be able to access all areas of them or use many of their features. When you accept our cookies, we cannot use them to find out who you really are, unless you tell us.

 

For more information about cookies, read the unofficial Cookie FAQ from CookieCentral.com.