Policy Effective Date: November 9, 2016
Derastone LLC (“Derastone”) is an NY State registered investment advisor
Should you choose to become our Client, we will manage a diversified portfolio on your behalf in a cost and tax-efficient manner.
You must be 18 or older to access our website or mobile applications.
You must keep your user name and password a secret and you will not share your account with anyone else.
2.2 Your Access
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 Derastone 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 agree that the information you provide to us on account registration through our website or mobile applications will be true, accurate, current, and complete.
We may send you communications that you are required to read. You may customize them according to your preferences.
2.3 Alerts, Notifications and Service Communications
By creating a User Account, you automatically sign up for various types of alerts via e-mail and mobile notification. When logged in, you may customize, modify and in some cases deactivate alerts by adjusting the settings accordingly.
We never include your password in these communications, but we may include your name, or email address and information about your portfolio(s) if you are a Client. Anyone with access to your e-mail or mobile device will be able to view these alerts.
You may unsubscribe from marketing oriented emails at any time.
- Disclaimer and Limit of Liability
Derastone cannot be held responsible for any financial insights or recommendations provided to Users.
3.1 For a User who is not a Client
You understand and acknowledge that the investment results you could obtain from investment information and financial insights provided by Derastone cannot be guaranteed and that Derastone cannot be held responsible. All investments entail a risk of loss and that you may lose money. Investment management services may be offered to individuals who become clients, at the sole discretion of Derastone. Your election to engage our investment management services are subject to your explicit enrollment and acceptance of the separate Client Agreement and related fee schedule.
You agree and understand that your use of Derastone is for educational purposes only and is not intended to provide legal, tax or financial planning advice. You agree as a User that you are responsible for your own investment research and investment decisions, that Derastone is only one of many tools you may use as part of a comprehensive investment education process, that you should not and will not rely on Derastone as the primary basis of your investment decisions and, except as otherwise provided for herein, Derastone will not be liable for decisions/actions you take or authorize third parties to take on your behalf based on information you receive as a User of Derastone or information you otherwise see on our website.
This is our disclaimer of legal liability.
3.2 Disclaimer Warranties
Your use of Derastone, and the personal information you provide is at your sole discretion and risk. Derastone and all materials, information, products and services included therein, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Derastone.
DERASTONE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO DERASTONE, CONTENT AND/OR USER INFORMATION, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. DERASTONE DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED:
REGARDING THE AVAILABILITY, SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF DERASTONE, CONTENT AND/OR USER INFORMATION;
THAT DERASTONE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED;
THAT DERASTONE WILL BE FREE FROM ELECTRONIC VIRUSES; OR
REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY DERASTONE INCLUDING BUT NOT LIMITED TO INFORMATION OBTAINED THROUGH SOCIAL MEDIA.
No advice or information, whether oral or written, obtained by you from Derastone, shall create any warranty not expressly stated in this Agreement. If you choose to rely on such information, 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.
These are the limits of legal liability we may have to you.
3.3 Limitation of Liability
IN NO EVENT SHALL DERASTONE OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF DERASTONE, CONTENT AND/OR USER INFORMATION, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH DERASTONE OR FOR ANY INVESTMENT DECISIONS MADE ON THE BASIS OF SUCH INFORMATION, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT DERASTONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL DERASTONE’S CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100.
Each of us can end this agreement at any time.
You may request termination of your User Account at any time and for any reason by sending an email to support@Derastone.com.
- Dispute Resolution
If there is a legal dispute, it will take place in New York Courts under New York law.
- Derastone “Dos” and “Don’ts”
Derastone grants you a license to use our website and mobile applications so long as you comply with all our rules.
You agree 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;
Provide accurate information to us, whether reported directly or through a third party who you authorize, and keep it updated;
Use the services solely for your personal, non-commercial use;
Use your real name on your profile and keep your password confidential;
Use the Services in a professional manner
You agree you won’t:
Circumvent, disable, or otherwise interfere with security-related features of Derastone or features that prevent or restrict use or copying of any content or User information;
Upload, email, transmit, provide, or otherwise make available:
any User information which you do not have the lawful right to use, copy, transmit, display, or make available (including any User information that would violate any confidentiality or fiduciary obligations that you might have with respect to the User information); or
any User information that infringes the intellectual property rights of, or violates the privacy rights of, any third-party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, moral right, or right of publicity); or
unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or
any personal information that is unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contain objects or symbols of hate, invade the privacy of any third-party, contain nudity, are deceptive, threatening, abusive, inciting of unlawful action, or are otherwise objectionable in the sole discretion of Derastone; or
any personal information that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation overloading, flooding, spamming, mail-bombing, or sending a virus to Derastone; or
any personal information that includes code that is hidden or otherwise surreptitiously contained within the User information;
Use any meta tags or other hidden text or metadata utilizing a Derastone name, trademark, URL or product name;
Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use Derastone to send altered, deceptive, or false source- identifying information;
Interfere with or disrupt (or attempt to interfere with or disrupt) any Derastone web page, server, or network, or the technical delivery systems of Derastone’s providers, or disobey any requirements, procedures, policies, or regulations of networks connected to Derastone.
Attempt to probe, scan, or test the vulnerability of any Derastone system or network or breach or impair or circumvent any security or authentication measures protecting Derastone;
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide Derastone;
Attempt to access, search, or meta-search Derastone or content thereon with any engine, software, tool, agent, device, or mechanism other than software and/or search agents provided by Derastone or other generally available third- party web browsers, including without limitation any software that sends queries to Derastone to determine how a website or web page ranks;
Violate the terms of service or any other rule or agreement applicable to you or Derastone’s inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third-party site or service;
Collect or store personal information about other users without their express permission;
Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or commit fraud;
Solicit any User for any investment or other commercial or promotional transaction;
Violate any applicable law, regulation, or ordinance;
Scrape or copy information through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
Use, launch, or permit to be used any automated system, including without limitation “robots,” “crawlers,” or “spiders”; or
Copy or use the information, content or data on Derastone in connection with a competitive service (as determined by Derastone);
Monitor Derastone’s availability, performance or functionality for any competitive purposes
Copyrighted Materials: No Unauthorized Use. If you become aware of misuse of Derastone or content thereon by any person, please contact Derastone to report any abuse. Derastone has adopted and implemented a policy that provides for the termination of Accounts of users who infringe the rights of copyright holders. Please see the Derastone Copyright and Intellectual Property Policy for further information.
- General Terms
Some other important details about the Agreement
You agree the only way to provide us legal notice is at the address provided in Section 9.5.
- International Use
Derastone is only for use in the United States
8.1 Derastone is only available for use in the United States. We make no representation that Derastone is appropriate or available for use outside the United States. Similarly, we make no representations that accessing Derastone from locations outside the United States is legal or permissible by local law. If you access Derastone from areas outside of the United States, you do so at your own risk and are yourself responsible for compliance with local laws.
This Agreement takes priority over previous agreements
9.1 Integration & Severability
This Agreement is the entire agreement between you and us with respect to Derastone, and your use of our website and mobile app, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
9.2 Advice may differ
You understand and agree that we act as an investment adviser for Clients and will continue to do so. We and our personnel may make recommendations and take action for Clients that may differ from the recommendations we give to you or the action we take on your behalf.
In addition, our personnel may take actions for their own accounts based on their own investment situations that differ from the recommendations we give you or actions we take on your behalf.
Your feedback is welcome and encouraged. You may submit feedback by emailing us at support@Derastone.com. You agree, however, that (i) by submitting unsolicited ideas to Derastone or any of its employees or representatives, by any medium, including but not limited to email, written, or oral communication, you automatically forfeit your right to any intellectual property rights in such ideas; and (ii) such unsolicited ideas automatically become the property of Derastone. You hereby assign and agree to assign all rights, title, and interest you have in such feedback and ideas to Derastone together with all intellectual property rights therein. In addition, you warrant that all moral rights in any feedback have been waived, and you do hereby waive any such moral rights.
You can also contact Derastone by phone at (646) 450-0899 or via physical mail at:
245 E 19th Street
New York, NY 10003