Disclosures

Last Updated February 23, 2021

Acceptance of Terms

When you access the virtual environment through which we provide services by any electronic means, click the “ACCEPT” button or otherwise affirm acceptance of these Terms of Use, including through NDVR.com, any of our mobile applications, and our other online services and websites (collectively, the “Portal”) you are agreeing to be bound by the following Terms of Use, as well as the NDVR Privacy Policy, which we may update from time to time without notifying you in advance. Please review these Terms of Use and the NDVR Privacy Policy carefully. When you use the Portal, you acknowledge that you have carefully read our Disclosures, which we may also update from time to time without notifying you in advance.

THE SECTION BELOW TITLED “ARBITRATION CLAUSE” REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. THE SECTION BELOW TITLED “CLASS ACTION WAIVER” CONTAINS A BINDING CLASS ACTION WAIVER. PLEASE READ BOTH SECTIONS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS.

General Information

The provision of advisory and other services to NDVR investment advisory clients is governed by the NDVR client agreement (the “Client Agreement”). You should read the Client Agreement carefully before determining whether to engage NDVR to provide you with advisory services. NDVR may also provide a user with access to the Portal without establishing an advisory relationship with the user or receiving compensation from the user. Access for these users is governed by a non-advisory user agreement. Both this agreement and the Client Agreement are referred to below as a “User Agreement.” Notwithstanding the foregoing or anything else in these Terms of Use to the contrary, in the event of any conflict between the Terms of Use and a User Agreement, the User Agreement shall control.

In general, references to “NDVR” on the Portal refer to “NDVR, Inc.” However, for purposes of these Terms of Use, the term “NDVR” refers collectively to NDVR, Inc. and its respective affiliates, partners, agents, and employees.

Users of the Portal

The Portal is intended solely for individuals who are age 18 or older. Any access to or use of the Portal by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use. By accessing or using the Portal, you represent and warrant that you are 18 or older.

The Portal is only intended for use by persons located in the United States. NDVR makes no representation that the Portal is appropriate or available for use outside the United States. Similarly, NDVR makes no representations that accessing the Portal from locations outside the United States is legal or permissible under local law.

Portal is for Educational Use Only

The publicly available portions of the Portal (i.e., the sections of the Portal that are available to individuals who are not party to a User Agreement) are provided for educational purposes only and are not intended to provide advice of any kind, including investment, financial planning, insurance, legal, or tax advice. In using the publicly available portions of the Portal, you agree that you are responsible for your own investment and financial planning research and decisions, that you will not rely on the Portal as the primary basis for your investment or financial planning decisions, and, except as otherwise expressly provided herein, NDVR will not be liable for any actions you take based on information you receive via the publicly available portions of the Portal.

Access to the Portal

NDVR reserves the right, in its sole discretion, to deny you access to the Portal, or any portion of the Portal, without notice and without reason. Any suspension, termination, or cancellation of your access to the Portal shall not affect your obligations to NDVR under these Terms of Use (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.

For the avoidance of doubt, your access to and use of the publicly available portions of the Portal shall be governed by these Terms of Use, and the provision of any investment advisory and other services shall be governed by the User Agreement with respect to such services.

Investment Tools and Model Predictions

NDVR makes no representation regarding the likelihood or probability that any actual or hypothetical investment will in fact achieve a particular outcome or perform in any predictable manner. Any historical return information on the publicly available portions of the Portal (i.e., the sections of the Portal that are available to individuals who are not party to a User Agreement) does not represent the actual performance of any specific investor’s account and may not reflect all factors that could impact such performance for an individual investor. Past performance is not a guarantee of future results and returns in any period may be far above or below those of a previous period. NDVR makes no representation that any investment will or is likely to achieve, as applicable, profits or losses similar to those achieved in the past, or that significant losses will be avoided. Investing involves risk and investments managed by NDVR may lose value.

The forecast, return, composite, and performance information shown on the Portal is derived from, uses or includes information compiled from third-party sources, including independent market quotations and index information. NDVR believes the third-party information comes from reliable sources, but does not guarantee, and is not responsible for, its accuracy. You agree that NDVR shall have no liability for any loss or damage that you may suffer from using any third-party information available through the Portal.

External Links

The Portal links to certain content created by third parties that are not affiliated with NDVR. NDVR is not responsible for such content and does not endorse or approve it. Such content may contain terms and conditions, privacy provisions, confidentiality provisions, or other provisions that differ from the terms and conditions applicable to the Portal. NDVR disclaims any responsibility or liability whatsoever for the accuracy, reliability, or opinions contained in such content. If you decide to access such content, you do so at your own risk. You agree that NDVR shall have no liability for any loss or damage that you may suffer from using third-party external content.

Conditions of Use

NDVR grants you a personal, limited, revocable, non-exclusive, nontransferable right to use the Portal, which includes any images, text, illustrations, designs, icons, photographs, graphics, video clips, downloads, systems and methods, interfaces, information, data, tools, products, services and other content (collectively, the “Content”) for your personal and noncommercial use only.

All Content on the Portal is the intellectual property of NDVR or other parties and is protected by copyright and other intellectual property law. All trademarks, service marks, logos and other indicia of source displayed on the Portal (“Trademarks”) are the property of their respective owners, who may or may not be affiliated with our organization. You may not use any such Trademarks without our prior written consent.

You agree that in connection with your use of the Portal, you will comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements. You further agree that you will use the Portal solely for your personal, noncommercial use and will not attempt to interfere with the functioning of the Portal in any way.

Notice of Copyright Infringement

If you believe that any Content on our Portal infringes on any copyright which you own or control, or that any link on the Portal directs users to another website that contains material that infringes on any copyright which you own or control, you may file a notification of such infringement with us as set forth below. Please submit such notification in English. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to NDVR. Notifications should include the following information:

a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.

c. Identification of the material that is claimed to be infringing or to be the subject of infringing activities and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.

d. Contact information for the notifying party, including name, address, telephone number, and email address.

e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

g. Please submit this notice in English to NDVR c/o peter.stahl@ndvr.com.

Access and Interference

You agree not to use the Portal in any manner that could damage, disable, overburden, or impair the Portal or interfere with any other party’s use and enjoyment of the Portal. You may not attempt to gain unauthorized access to any NDVR site or service, computer systems or networks connected to any NDVR site or service, through hacking, password mining or any other means. You further agree not to engage in any of the following:

  • Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Portal or any portion of the Portal, other than via software that sends queries to the Portal to index or rank a website for search and location purposes, without NDVR’s express written consent, which may be withheld in NDVR’s sole discretion.
  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, robots, spiders, avatars or intelligent agents) to navigate or search the Portal, other than the search engines and search agents available through the Portal and other than generally available third-party web browsers (such as Microsoft Explorer) excluding post-installation plug-ins.
  • Inhibit others from using the Portal, post or transmit any file which contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Portal.
  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Portal.
  • Modify or alter the Content, post or “frame” it on or in another website, or remove or obscure copyright or other notices or legends therefrom.
  • Access data not intended for you or log into a server account which you are not authorized to access.
  • Attempt to probe, scan or test the vulnerability of the Portal or to breach security or authentication measures without proper authorization.
  • Use any information contained in the Portal in any manner that could compete with the business of NDVR.
  • Use our Portal, services or any of your accounts for illegal purposes.
  • Use our Portal or services to transmit anything that is unlawful, libelous, intended to harass or violate the rights of another.

If you believe that you have found a security vulnerability, we encourage you to notify us by sending an email with all relevant findings to security@ndvr.com.

Registration and Secured Areas

In order to gain full access to the Portal, receive investment advice from NDVR, and participate in any related offerings, in addition to entering into a User Agreement, you must register to create an account (User Account). When you register, you will choose a password, which you must use to access your User Account. NDVR has physical, electronic and procedural safeguards for users’ non-public personal information (see our Privacy Policy).

You are responsible for safeguarding your password and other User Account information. You agree not to disclose your password to any third party and you will notify NDVR immediately if your password is lost or stolen or if you suspect any unauthorized use of your User Account. As a user, you agree that you shall be solely responsible for any activities or actions under your User Account, whether or not you have authorized such activities or actions. You are also responsible for maintaining appropriate anti-virus and anti-malware software on your computer or mobile devices, so that your User Account information is not compromised through your own negligence. If you receive evidence that someone has committed fraud by accessing your User Account, you must contact us immediately at support@ndvr.com.

Access to and use of password protected and/or secure areas of the Portal is restricted only to users who have registered for User Accounts. Unauthorized persons attempting to access these areas of the website may be subject to legal action.

You may request termination of your User Account at any time and for any reason by sending an email to support@ndvr.com.

Communications with NDVR

Authorized employees or agents of NDVR may monitor and record all or portions of your telephone calls, emails, text messages, video conferences, chats, interactions with the Portal and other communications with NDVR for quality control, customer service, employee training, security, legal, compliance, and other lawful purposes. You hereby consent to such recording. That consent is ongoing and need not be confirmed prior to, during or after such monitoring or recording, except to the extent applicable law expressly requires otherwise. NDVR may also archive your communications with NDVR for regulatory and other purposes.

By creating a User Account to access and use NDVR’s services, you consent to receive all notices and information regarding NDVR and other offerings electronically. Electronic communications may be posted in the NDVR Portal or delivered to your email or other electronic address associated with your User Account. All communications in electronic format will be considered to be in “writing,” and to have been delivered when posted or sent, whether or not you actually or timely receive or access the communication. Your consent to receive communications electronically is valid until you end your relationship with NDVR. It is your responsibility to provide us with true, accurate and complete e-mail addresses, contact and other information that you had provided to us during the account registration process, and to maintain and update promptly any changes to such information. You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change the terms and conditions on which we provide electronic communications and will provide you with notice to the extent required by applicable law, and any such notice may be sent by electronic means.

Use of Personal Information

NDVR collects various types of information when you visit the Portal or access your User Account. Our services depend on you providing us with complete, accurate and up-to-date information, both now and in the future about yourself and your accounts. In turn, we will provide you with the services described herein. Those assurances are conditioned upon your provision of correct contact and account information to us, and never misrepresenting to us your identity or account registration information (e.g., for the use of third-party websites and accounts).

By accessing the Portal and creating a User Account, you understand and agree that NDVR may use your personal information to provide financial advice and other financial services; enhance your customer experience; improve our products and features; provide customer support; open, operate, and maintain your account in accordance with U.S. law; investigate and understand how NDVR and our products, features and services are used; monitor and protect the security and integrity of NDVR; and market and advertise NDVR’s services.  Please review the NDVR Privacy Policy for more information on the types of information that NDVR collects and the ways in which NDVR uses, shares and protects that information.

Limited Liability

NEITHER NDVR NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL BE LIABLE IN ANY WAY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE, OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH (I) THE USE OF THE PORTAL BY ANY PARTY TO A USER AGREEMENT OR (II) THE USE OF THE PUBLICLY AVAILABLE PORTIONS OF THE PORTAL OR A LINKED WEBSITE OR OTHER EXTERNAL CONTENT (INCLUDING BUT NOT LIMITED TO THE DELAY OR INABILITY TO USE THE PORTAL OR A LINKED WEBSITE) BY ANYONE, INCLUDING ANY PARTY TO A USER AGREEMENT. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARE FORESEEABLE OR WHETHER NDVR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL NDVR’S CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100.

No Warranties

All products, services, and content on the website are provided “as is,” “where is,” and “where available” without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy. NDVR specifically disclaims any duty to update the information on the Portal and it is your responsibility to evaluate the accuracy, reliability, timeliness, and completeness of any information available on the Portal. NDVR does not guarantee that the Portal will operate error-free or that the Portal, its servers, or content are free of computer viruses or similar contamination or destructive features. If you choose to use the Portal, or rely on the information presented on it, you do so solely at your own risk.

Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

Indemnification and Hold Harmless

You agree to indemnify, defend, and hold NDVR harmless from any liability, loss, claim and expense, including attorney’s fees, related to your (i) violation of these Terms of Use or (ii) use of the Portal. Nothing in these Terms of Use shall affect any non-waivable statutory rights that apply to you. NDVR reserves the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting NDVR’s defense of such matter.

Choice of Law

All Portal activity or use and these Terms of Use are governed by, and enforced in accordance with, the laws of the United States of America and the applicable laws of the State of New York, without regard to New York’s choice of law rules.

Dispute Resolution; Agreement to Arbitrate

You and NDVR (for purposes of this section, “the parties”) agree that any controversy or claim (a “Controversy”) that may arise between you and NDVR relating in any way to your use of the Portal shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, except where there is a conflict or inconsistency between AAA’s rules and procedures and these Terms of Use, in which case, these Terms of Use will govern. This arbitration agreement applies to any Controversy in connection with the Portal or involving the performance, construction, or breach of these Terms of Use. However, and notwithstanding anything to the contrary herein, if you are party to a User Agreement with NDVR, any Controversy regarding any investment advisory and other services, other than from your use of the publicly available portions of the Portal, shall be governed exclusively by the dispute resolution procedures set forth in the User Agreement.

At least thirty (30) days prior to commencing any arbitration hereunder, you are required to give written notice of the facts and circumstances of your claim(s) to NDVR by mail at 24 Federal St., Floor 10, Boston, MA 02110. NDVR may, but is under no obligation to, engage in privileged settlement negotiations with you during this 30-day period. NO SETTLEMENT DEMAND OR SETTLEMENT OFFER USED IN THIS PRE-DISPUTE RESOLUTION PROCESS MAY BE USED IN ANY PROCEEDING, INCLUDING AS EVIDENCE OR AS AN ADMISSION OF ANY LIABILITY OR DAMAGES (OR LACK THEREOF).

If you are an individual (instead of, for instance, a partnership, corporation, or other form of entity or non-natural person), in the event that (i) your claim is for less than $10,000, and (ii) you are able to prove that the costs of arbitration will be prohibitive as compared to costs of litigation, NDVR will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation.

Claims shall be heard by a single arbitrator. Where the amount of an alleged claim totals less than $250,000, the arbitration will be based on the submission of documents and shall be decided without a hearing, unless the parties agree otherwise in writing.

Federal and state statutes of limitation, repose, and/or other rules, laws, or regulations impose time limits for bringing claims in federal and state court actions and proceedings. The parties agree that all federal or state statutes of limitation, repose, and/or other rules, laws, or regulations imposing time limits that would apply in federal or state court, apply to any Controversy, and such time limits are hereby incorporated by reference. Therefore, to the extent that a Controversy arises and would be barred by a statute of limitation, repose or other time limit, if brought in a federal or state court action or proceeding, the parties agree that such Controversy shall be barred in an arbitration proceeding, and that such defense may be asserted on a dispositive motion prior to any discovery.

Any award in an arbitration shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Except to the extent required by law to be permitted, the arbitrator will have no authority to award punitive, consequential, special or other damages that are not directly compensatory in nature, regardless of the cause or foreseeability thereof. The arbitrator will have the authority to allocate the costs of the arbitration process among the parties, but will only have the authority to allocate attorneys’ fees if a particular applicable law so provides. Notwithstanding anything to the contrary in this Agreement, nothing herein shall be read to prohibit NDVR from seeking injunctive relief against you in a court with appropriate jurisdiction in connection with your use of the Portal or any violation of these Terms of Use. 

You understand that the right to appeal or to seek modification of any ruling or award by the arbitrator is severely limited under state and federal law. You acknowledge that you are waiving your right to a jury trial. This arbitration provision will be enforced and interpreted exclusively in accordance with applicable federal laws of the United States, including the Federal Arbitration Act.

Except as may be required by law, neither the parties nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

You agree to the following additional provisions regardless of your place of residence at the time a Controversy arises:

  • You agree that any arbitration hearing will be held in Boston, Massachusetts unless otherwise agreed by you and NDVR in a signed writing;
  • All arbitrations will be held in the English language, unless otherwise agreed to by the parties; and
  • All actions or proceedings arising in connection with any arbitration shall occur exclusively in the U.S. District Court for the District of Massachusetts except to the extent that court lacks subject matter jurisdiction, in which case any such actions or proceedings shall occur exclusively in Massachusetts Superior Court, Suffolk County. You submit to the personal jurisdiction of those courts in connection with any such actions or proceedings, and agree not to claim that litigation in those courts is inconvenient or seek to transfer venue to any other court.

You agree that this agreement to arbitrate shall be binding on you, your heirs, administrators, representatives, executors, successors and assigns.

Class Action Waiver

To the extent not otherwise prohibited by law, you agree that any claim you assert against NDVR in an arbitration or proceeding can be made only in an individual capacity and not as a class representative or class member in any putative class action, representative action, or class-wide arbitration. The arbitrator has no authority to award any relief not available in an individual action in court or award any relief primarily for the benefit of the general public. Further, unless NDVR agrees otherwise in writing, the arbitrator may award relief only in favor of an individual claim and may not award relief for or against any other person not a party to the arbitration, whether directly or indirectly. To the full extent permitted by law, no arbitration or proceeding shall be joined with any other.

Waiver and Severability

Any waiver of any provision contained in these Terms of Use shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use. If any provision in these Terms of Use is the subject of a dispute or governs a dispute between you and NDVR, you agree that the body adjudicating that dispute should interpret that provision as follows: (i) if it holds the provision to be unenforceable, by modifying that provision to the minimum extent necessary to make it enforceable or, if that modification is not permitted by law, by disregarding that provision; (ii) if an unenforceable provision is modified or disregarded in accordance with this paragraph, by holding that the rest of the Terms of Use will remain in full force and effect as written and the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby; and (iii) by holding that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.

Assignment

You may not assign these Terms of Use or any rights or obligations hereunder (by operation of law or otherwise) without the prior written consent of NDVR, and any prohibited assignment will be null and void. NDVR may assign these Terms of Use or any rights or obligations hereunder without your consent.

Portal and Terms Subject to Change

We reserve the right to change these Terms of Use by posting a revised version. If you don’t agree with these changes, you must stop using the Portal. The information on the Portal is subject to change without notice.

Contact Information

Any questions, concerns, or complaints regarding these Terms of Use should be sent to:

By email: privacy@ndvr.com

By mail:

NDVR, Inc.
24 Federal Street
Boston, MA 02110 United States

By Phone: (857) 326-6992