Welcome to the RiverTree Communications Terms of Use agreement.  For purposes of this agreement, “Site” refers to the RiveTree Communications website, which can be accessed at rivertree.com or through our mobile application. “Service” refers to the Rivertree Communication's services accessed via the Site, in which users can review information and commentary regarding United States economic sector ETFs and options trading.  The terms “we,” “us,” and “our” refer to Rivertree Communications. “You” refers to you, as a user of our Site or our Service.

The following Terms of Use apply when you view or use the Service via our website located at rivertree.com or by accessing the Service through clicking on the application (the “App”) on your mobile device].  

Please review the following terms carefully.  By accessing or using the Service, you signify your agreement to these Terms of Use.  If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service.  

ABOUT THE SERVICE

This Site and Service are intended for informational and educational purposes only.  Rivertree Communications, also known as Rivertree, is neither a financial advisor nor broker and does not recommend or sell trading products and services.  This website is neither a solicitation nor an offer to buy or sell options, stocks, or any other assets.  The past performance of any trading system or methodology is not necessarily indicative of future results.

ONLINE CONTENT DISCLAIMER

Options trading has large potential rewards, but also large potential risks. You must be aware of the risks and be willing to accept them in order to trade in the stock and options markets.  Don’t trade with money you can’t afford to lose.

We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement.  No representation is being made that any account will or is likely to achieve profits or losses similar to these being shown.

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon.  Such authors are solely responsible for such content.  We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service.  Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.

Though we strive to enforce these Terms of Use, you may be exposed to User Content that is dated or inaccurate.  We reserve the right but have no obligation, to monitor the materials posted in any public areas of the Site or the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious.

PRIVACY POLICY

Rivertree Communications respects the privacy of its Service users.  Please refer to the Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy.  When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.

USE RESTRICTIONS

Your permission to use the Site is conditioned upon the following use, and conduct restrictions: 

You agree that you will not under any circumstances:

  •  Access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal informational and education functionality of the site and Service;
  •  Collect or harvest any personal data of any user of the Site or the Service; 
  •  Distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
  •  Use the Service for any unlawful purpose or for the promotion of illegal activities;
  •  Attempt to, or harass, abuse, or harm another person or group;
  •  Provide false or inaccurate information;
  • Interfere or attempt to interfere with the proper functioning of the Service;
  • Make any automated use of the Site, the Service, or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • Bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
  • Circumvent, disable, or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service.

POSTING AND CONDUCT RESTRICTIONS

If you post information (“User Content”) to the Service.  You are solely responsible for the User Content that you post, upload, link to, or otherwise make available via the Service. 

You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.  Rivertree.Communications, however, reserves the right to remove any User Content from the Service at its sole discretion.

We grant you permission to use and access the Service, subject to the following express conditions surrounding User Content.  You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms. 

By transmitting and submitting any User Content while using the Service, you agree as follows:

  •  You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
  •  You understand and agree that any liability, loss, or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Site is not responsible for any public display or misuse of User Content. 

The Site does not, and cannot, pre-screen or monitor all User Content.  However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with the Service or with other Users.  The Rivertree Communications shall have the right to remove any material that in its sole opinion is inappropriate, violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety and wellbeing of users or others.  Unauthorized use may result in criminal and/or civil prosecution under Federal, State, and local law.

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, we may provide you with convenient links to a third-party website(s) as well as content or items belonging to or originating from third parties.  These links are provided as a courtesy to Service subscribers.  We have no control over Third Party Sites or Third Party Content, promotions, materials, information, statements, goods, or services. Such Third-Party Sites and Third Party Applications, Software or Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.  Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply our approval or endorsement.  If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site

INTELLECTUAL PROPERTY AND COPYRIGHTS

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Service, including applicable copyrights, trademarks, and other proprietary rights.  Other product and company names that are mentioned on the Service may be trademarks of their respective owners.  We reserve all rights that are not expressly granted to you under these Terms of Use.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents, or representatives in any situation where legal notice is required by contract or any law or regulation.

WARRANTY DISCLAIMER

THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

MODIFICATION OF TERMS OF USE

We can amend the Terms of Use at any time and will update these Terms of Use in the event of any such amendments.  It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use.  We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration.  For this additional reason, you should keep your contact and profile information current.  Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers.  No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.

GENERAL TERMS

If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect.  Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.

You agree that any cause of action related to or arising out of your relationship with the Rivertree Communication must commence within ONE year after the cause of action accrues. Otherwise, such a cause of action is permanently barred.

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Wisconsin, without regard to conflict of law provisions.

We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

RiverTree Communications

January 1, 2021