Updated: November 10, 2021
This website is operated by Treasure Investment Management, LLC (“Treasure” or the “Company” or “we” or “us”), a wholly-owned subsidiary of Treasure Technologies, Inc., and an investment adviser registered with the U.S. Securities and Exchange Commission (SEC). Registration with the SEC does not imply a certain level of skill or training. Brokerage services are provided to clients of Treasure by Apex Clearing Corporation (Apex), an SEC-registered broker-dealer and member FINRA. Apex is also a member of SIPC and therefore, securities in your account are protected up to $500,000. For details, please see https://www.sipc.org.
Treasure is federally-registered investment adviser and qualified to conduct advisory business in all states where it is required to be so registered. The Treasure website (this “Website”), and related investment advisory services, are only offered to corporate entities domiciled in the United States. Investment services are not available to corporate entities where provision of such products or services is unauthorized. Any information provided on this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use is contrary to local law or regulation.
These Terms of Use (the "Terms of Use") define the relationship between Treasure and you, the person visiting this Website and/or registering for our services (“you” or “your”). These Terms of Use are in addition to any other agreements between you and Treasure, including any customer or account agreements and any other agreements that govern your use of software, products, goods, services, content, tools, and information provided by Treasure.
We may update or amend these Terms of Use from time to time at our discretion. Any update or amendment to these Terms of Use shall be effective if notice is provided to you. You agree that posting any such changes on this Website and/or sending any such changes to you via email constitutes reasonable and sufficient notice. Any such amendment will be effective as of the date such revised Terms of Use are posted by Treasure. Your continued use of this Website and/or the Services (including any updates or other versions thereof) after we post or provide notice of any changes to these Terms of Use constitutes your agreement to those changes. If you do not agree to these Terms of Use (or any updates to or modified versions thereof), you should discontinue use of this Website or the Services (as defined below) immediately.
By using this Website, you can use our interactive platform to obtain various investment advisory services (collectively, the “Services”). As we are always working on new ways to improve the Services, we reserve the right to modify or change this Website or any of the Services, temporarily or permanently, with or without notice to you, and we are not obligated to support or update this Website or any Services. You acknowledge and agree that we shall not be liable to you or any third party in the event that we exercise our right to modify, change or discontinue this Website or any Services. IF YOU DECIDE TO OBTAIN THE SERVICES, YOU MUST ENTER INTO THE TREASURE INVESTMENT ADVISORY AGREEMENT, A BROKERAGE CUSTOMER ACCOUNT WITH APEX CLEARING CORPORATION, AN UNAFFILIATED BROKER-DEALER, MEMBER FINRA/SIPC (THE “AGREEMENTS”). YOU ACKNOWLEDGE AND AGREE THAT IF YOU OBTAIN ADVISORY SERVICES FROM TREASURE AND ANY TERM IN THESE TERMS OF USE CONFLICTS WITH THE AGREEMENTS, THE AGREEMENTS SHALL CONTROL OVER THESE TERMS OF USE.
These Terms of Use constitute a legally binding agreement between the Company and you. You are responsible for regularly reviewing these Terms of Use. You can review the most current version of the Terms of Use at any time on this Website. Additional terms, including without limitation those set forth in the Agreements, may govern your use of certain sections within this Website. In the event that any provision, term or guideline contained on a particular page of this Website conflicts with these Terms of Use, the terms of such web page or section shall control over these Terms of Use. You acknowledge that you have read these Terms of Use, and accept, understand and will be bound by such terms and conditions. You further acknowledge that these Terms of Use, together with our Privacy Policy (as defined below) and terms governing any page of this Website, represent the complete and exclusive statement of the agreement between us and supersede any proposal or prior agreement oral or written, and any other communications between us relating to your access or use of this Website and/or the Services.
Certain features or services offered on or through this Website may require you to open an account and set up a profile, providing certain confidential information, including, but not limited to, your name, your employer identification number or other tax identification number, your address, your email address, and certain information about your financial situation and risk preferences (collectively, your “Client Information”). We reserve the right to restrict certain areas of information on this Website to such registered users. You agree that you will maintain and promptly update your Client Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect such, we reserve the right to terminate your account and refuse any and all current or future use of this Website by you. A copy of our Privacy Policy (the “Privacy Policy”) is available at www.treasurefi.com/disclosures/privacypolicy.pdf and the terms of the Privacy Policy are hereby incorporated herein. We are committed to protecting your privacy, and the Privacy Policy explains the policies put in place and used by us to protect your Client Information and your privacy as you visit and use this Website and the Services. As part of opening an account with us, you will be asked to create a user name and password. You are solely responsible for maintaining the confidentiality of your user name and password. You agree to notify us immediately of any unauthorized use of your user name, password, or account. The Company will not be responsible for any losses arising out of the unauthorized use of your account and you agree to indemnify and hold harmless the Company and its shareholders, officers, equity holders, employees, partners, parents, subsidiaries, agents, affiliates, and licensors (collectively, "Affiliates"), as applicable, for any improper, unauthorized or illegal uses of your account and as otherwise set forth in these Terms of Use.
All text, videos, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork, algorithms, functionalities, features and computer code, including, but not limited to, design, structure, “look and feel” and arrangement of the content available on this Website (collectively, the “Content”) is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. The Content and this Website are owned by the Company and/or its licensors and suppliers (which may include lessors, lessees, owners, sellers, buyers, agents, brokers, multiple listing services, builders, service providers, content providers, vendors and others, collectively, “Licensors and Suppliers”). Except as expressly provided in these Terms of Use, no part of this Website or the Content may be copied, reproduced, republished, posted, publicly displayed, translated, or distributed in any way. Subject to the limited rights to use this Website and the Services pursuant to these Terms of Use, we retain all right, title and interest in and to this Website and the Services, including all related intellectual property contained therein. Certain features of the Services may allow you and other users of this Website to upload, post, publish, share, store, or manage data or visual content (“Materials”). By posting or publishing Materials, you represent and warrant to us that you have all necessary rights to distribute such Materials to us, either because you are the author and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of such Materials. You hereby grant to us and our authorized personnel a worldwide, royalty-free, fully-paid, irrevocable, transferable, sublicensable (as necessary to perform the Services) license to copy, publicly perform, publicly display, publish, distribute, create derivative works of, and use Materials as we deem appropriate to perform the Services and in accordance with these Terms of Use. You acknowledge and agree that we will own all right, title, and interest in and to any Materials, content, or other works of authorship created by us or on our behalf and used in connection with the Services. Any use or reliance on any Content or Materials of other users posted via v or obtained by you through this Website is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or Materials posted via this Website or endorse any opinions expressed via this Website. You understand that by using this Website and the Services, you may be exposed to Materials that might be offensive, harmful, inaccurate or otherwise inappropriate.
In connection with this Website and the Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing Materials and for the termination, in appropriate circumstances, of users of this Website and the Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of this Website and the Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing Material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated copyright agent: (a) your physical or electronic signature; (b) identification of the copyrighted work(s) that you claim to have been infringed; (c) identification of the Materials on our services that you claim is infringing and that you request us to remove; (d) sufficient information to permit us to locate such Material; (e) your address, telephone number, and email address; (f) a statement that you have a good faith belief that use of the objectionable Materials are not authorized by the copyright owner, its agent, or under the law; and (g) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
This website may contain links to independent third-party web sites and we may provide links to third-party websites as part of the Services (in all cases “Linked Websites”). These Terms of Use apply only to this Website, and not to the Linked Websites and you acknowledge and agree that we are not responsible for the availability of Linked Websites. We do not endorse (and you acknowledge and agree that we are not responsible or liable for) any content, advertising, products, services, or other materials on or available from the Linked Websites.
We have not tested, nor do we review, monitor, or verify any information, software, or products found on any Linked Website and therefore do not make any representations about those platforms or any associated products or services. You will need to make your own independent judgment regarding your interaction with a Linked Website. It is your responsibility to evaluate the accuracy, reliability, timeliness, and completeness of the content of Linked Websites. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature, or reliability of third party web sites, including, without limitation, Linked Websites. You should review applicable terms and policies, including privacy and data gathering practices, of Linked Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Except as otherwise provided by applicable law, you further acknowledge and agree that we will not be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products, services or other resources available on or through any Linked Website (regardless of whether we directly or indirectly link to such content, advertisements, products, services or other resources).
You should direct any concerns with respect to any other application to that Linked Website’s administrator or webmaster.
Without limiting any of the foregoing, Treasure may provide access to blogs, wikis, online conferences, telecasts, podcasts, or other forums. All communications made at or through such forums are public. Treasure does not, unless otherwise required by law, have any obligation to screen, review, approve or endorse any Content obtained through such forums. Reliance on the Content is at your own risk.
Subject to the provisions in these Terms of Use, you may use this Website for non-commercial purposes to:
Subject to these Terms of Use, we hereby grant you a personal, nontransferable, nonexclusive, non-sublicensable license to use the user interface of this Website and the Content and Services in accordance with these Terms of Use, and for no other purpose. All rights, title and interest in and to the user interface and Content, including any software, on or through this Website shall belong to us or our Licensors and Suppliers, including all modifications thereof and enhancements thereto. Except as expressly provided in these Terms of Use, no part of this Website or the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent. The license granted to you pursuant to these Terms of Use is solely for your personal use (but not for resale or redistribution) as a user of this Website and may not be used for any other purposes. You have no right or claim of right to the Content or any unique ideas found on this Website. No ownership rights are granted to you hereunder and no title is transferred hereby.
You agree not to engage in any of the following on this Website:
You acknowledge that the Content and all information, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings” and the forums in which Postings are posted, including any chat, message board, blog, groups, and profile communications chat room, each an “Area”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this Website. We do not control the Postings posted, emailed or otherwise transmitted on this Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted standards and conduct guidelines for the users of this Website (as described below), you understand that by using this Website, you may be exposed to Postings that are offensive or objectionable. Except as provided by applicable securities laws, under no circumstances will we be liable in any way for any Postings (other than for the Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Website.
You agree not to use this Website to:
Your privilege to use this Website and contribute to discussions depends on your compliance with the standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this Website and/or take any other appropriate measures to enforce these standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our standards and conduct guidelines, or any part of these Terms of Use, we may terminate, in our sole discretion, your use of, or participation in, any Area.
Except as may otherwise be provided in our Privacy Policy, all communications, including, but not limited to communications in Areas, are public and not private communications. We reserve the right to monitor some, all, or no Areas and other areas of this Website for adherence to the standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by us providing you with the ability to distribute Postings, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any area, nor do we endorse any such Postings. Although we reserve the right to remove, without notice, any posting for any reason, we have no obligation to review Content prior to the Content’s posting or to delete Postings that you may find objectionable or offensive. Subject to applicable securities laws, we are not responsible for maintaining a copy of any material we remove from this Website, and we are not liable for any loss you incur in the event that Content you post or transmit to this Website is removed. The existence of any Posting in any Area (whether or not controlled by Treasure) does not, and shall not be deemed to, constitute Treasure’s recommendation or advice to follow any recommendation included in such Posting, including any recommendation to purchase any specific security or group or type of securities.
You hereby waive any claim or loss you may have as relates to any Posting in any Area, including your reliance on any such Posting to purchase or sell any securities or take any other action.
You represent and warrant to the Company that (a) all information, including, without limitation, Client Information, that you provide to us is accurate and truthful; (b) you have the authority to share Client Information with us and to grant us the right to use Client Information as provided in these Terms of Use and Privacy Policy; (c) you have the right to grant us the licenses specified in the Section titled “Content and Materials” above, if applicable; (d) your acceptance and use of this Website pursuant to these Terms of Use does not violate any applicable law or other contract or obligation to which you are a party or are otherwise bound; and (e) the Materials provided by you do not infringe the intellectual property rights, including any copyrights, trademarks, trade secrets, right of privacy, or right of publicity, of any person.
ALTHOUGH THE COMPANY MAKES EFFORTS TO PROVIDE AN ACCURATE APPLICATION, THIS WEBSITE AND ALL RESPECTIVE PARTS THEREOF ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. THE COMPANY AND ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND THIRD PARTY SUPPLIERS (COLLECTIVELY, THE “COMPANY PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THIS WEBSITE AND ITS CONTENT; (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (4) THIS WEBSITE AND ITS CONTENT CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY COMPANY PARTY; AND (5) THAT ACCESS TO OR USE OF THIS WEBSITE OR ITS CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THIS WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK AND
THE COMPANY MAKES NO WARRANTIES. THE COMPANY RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THIS WEBSITE AND ITS CONTENT OR ANY FEATURE OR PART THEREOF AT ANY TIME. IF YOU USE THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THIS WEBSITE OR THE DOWNLOADING OF ANY CONTENT.
Your reliance upon the information available on this Website or through utilization of the Services and your interactions with third party users identified through the Services is SOLELY AT YOUR OWN RISK. Your interactions with other users or advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other person or entity, and you agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other person’s or entity’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party, we are under no obligation to become involved, and you agree that you will manage any such dispute or disagreement directly, and that you will not make any claims against us with respect to products or services purchased through your use of the Services.
The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet, mobile devices and electronic communications. We are not responsible for any delays, delivery failures or other damages resulting from such problems. We do not guarantee that this Website will be operable at all times. We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to this Website, or any portion of this Website; (2) to modify or change this Website, or any portion of this Website, and any applicable policies or terms (except as described in the Privacy Policy); and (3) to interrupt the operation of this Website and/or provision of the Services, or any portion of this Website or the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
THESE DISCLAIMERS ARE INDEPENDENT OF ANY OTHER TERM IN THESE TERMS OF USE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL (I) THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE OR ITS CONTENT, WITH THE DELAY OR INABILITY TO ACCESS OR USE THIS WEBSITE OR THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THIS WEBSITE OR ITS CONTENT, OR OTHERWISE ARISING OUT OF THE USE OR ACCESS TO WEBSITE OR USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BOSSLIFE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THIS WEBSITE, AND ALL OTHER USE OF THIS WEBSITE, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM; AND (II) THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR INABILITY TO USE THIS WEBSITE OR THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100).
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE OR ITS CONTENT, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THIS WEBSITE.
You agree to indemnify, hold harmless and, at our option, defend us and our affiliates, and our and their officers, directors, employees, shareholders, agents and representatives (collectively, “Indemnified Persons”) from any and all third party claims, liability, losses, damages, expenses and/or costs (including, but not limited to, reasonable attorney’s fees and expenses) arising from your improper use of this Website, your violation of these Terms of Use or any of the Agreements, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity, and your use of the Content generated, uploaded, or otherwise provided by you in accordance with these Terms of Use.
Some of the Content on this Website may not be appropriate for children. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO ANY OF OUR ADVISORY SERVICES.
Additional information about Treasure also is available on the SEC’s website at www.adviserinfo.sec.gov. You can search this site by a unique identifying number, known as a CRD number. The CRD number for Treasure is 309258.
Persons contacting Treasure through this Website should not send sensitive, privileged, or confidential information. You acknowledge that by submitting communications to Treasure, no confidential, fiduciary, contractual or other relationship is created between you and Treasure other than pursuant to these Terms of Use.
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Our failure to enforce the strict performance of any of the provisions of these Terms of Use or the Agreements will not waive our right to later enforce those provisions. These Terms of Use, together with the Agreements (including the Electronic Signature Agreement and Investment Advisory Agreement), the Privacy Policy, and the terms governing any screen on this Website, are the entire agreement between you and us relating to the subject matter herein.
These Terms of Use shall be governed by and construed in accordance with federal law and any applicable laws of the State of Delaware (without regard for conflicts of law principles). Unless otherwise governed by a separate agreement, including, but not limited to, the Arbitration Agreement in the Advisory Agreement (which is incorporated into this Agreement in its entirety if you have entered into an Advisory Agreement), you and we agree and irrevocably submit to the exclusive jurisdiction of the courts of the State of Delaware and (to the extent it has sufficient matter jurisdiction) of the federal courts in the State of Delaware with respect to any legal action or proceeding arising out of or relating to these Terms of Use or the matters or services contemplated hereby, and consent to the service of process by the mailing to such party of copies thereof by certified mail to the other party. Each of the parties irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
Except as otherwise specified in these Terms of Use, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery; (ii) the second business day after mailing; (iii) the second business day after sending by confirmed facsimile; or (iv) the first business day after sending by email. Notices to us must be sent in writing to the following address: 447 Sutter St Ste 405 PMB 25 San Francisco, CA 94108 or via email addressed to support@treasurefi.com and notices to you will be sent to the email address you provide to us, which addresses may be updated from time to time upon written notice to the other party.
The term of these Terms of Use will continue for as long as we allow you access to and use of this Website and/or the Services. Sections titled “Content and Materials,” “Warranties, Disclaimers and Limitations of Liability,” “Additional Term,” and “Indemnification,” and this Section shall survive any termination or expiration of these Terms of Use.
Questions? Please contact us at support@treasurefi.com.
