Terms of Use

IMPORTANT – READ THIS AGREEMENT CAREFULLY BEFORE USING OR ACCESSING THESE PROPRIETARY SERVICES.  IF A USER ACCESSES THE SOFTWARE SERVICE OR THE CONTENT, THE USER IS AGREEING TO THESE TERMS OF USE. USERS WILL BE REQUIRED TO REVIEW AND AFFIRMATIVELY ACCEPT THESE TERMS OF USE IN ORDER TO ESTABLISH AN ONLINE ACCOUNT WITH INCOME LAB AND TO ACCESS THE SOFTWARE SERVICE. IF A USER DOES NOT AGREE WITH THESE TERMS OF USE, USER MAY NOT ACCESS OR USE THE SOFTWARE SERVICE OR CONTENT.

WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS OF USE AT ANY TIME BY POSTING AN UPDATED VERSION AT THE SOFTWARE SERVICE. WE WILL INDICATE THAT CHANGES TO THESE TERMS OF USE HAVE BEEN MADE BY UPDATING THE “LAST REVISED” DATE SET FORTH BELOW. FOR THOSE WITH AN ONLINE ACCOUNT, UPON AN UPDATE TO THESE TERMS OF USE USER WILL BE REQUIRED TO REVIEW AND ACCEPT THE THEN-CURRENT TERMS OF USE PRIOR TO LOGGING IN AND ACCESSING USER’S ONLINE ACCOUNT. ALL SUCH CHANGES WILL BE EFFECTIVE UPON POSTING UNLESS OTHERWISE STATED. USER SHOULD PERIODICALLY VISIT THIS PAGE TO REVIEW THE MOST CURRENT TERMS OF USE. USER’S CONTINUED USE OF THE SITE AND ONLINE SERVICES FOLLOWING CHANGES TO THESE TERMS OF USE CONSTITUTES USER’S ACCEPTANCE OF SUCH CHANGES.

THIS AGREEMENT CONTAINS PROVISIONS THAT REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN USER AND INCOME LAB. PLEASE REVIEW THE ARBITRATION, CLASS WAIVER, JURY TRIAL WAIVER, GOVERNING LAW SECTION FOR FURTHER INFORMATION ABOUT THIS REQUIREMENT.

BY ACCESSING OR USING THE SOFTWARE SERVICE, USER AGREES TO BE BOUND BY THIS AGREEMENT.  This Agreement governs User’s access to and use of the Software Services and other products and services provided by Income Lab.

Last Revised on August 6, 2020.

THIS TERMS OF USE (“Agreement”) is by and between Income Laboratory, Inc.., a Delaware corporation (hereinafter, “Income Lab” or “we”) and the individual accessing the Software Service (“User” or “Users”).  This Agreement governs User’s access to and use of Income Lab’s online services located at www.incomelaboratory.com or another URL indicated by Income Lab (“Software Service”). Capitalized Terms shall have the definition given in the body of the Agreement or Section 12.

1. Software Service; Grant of Use Rights; General Terms

1.1 User shall provide accurate and complete information when prompted to do so by the Software Service, and User shall maintain and update such information so it remains accurate and complete.

1.2 Subject to User’s compliance with the terms of this Agreement, Income Lab hereby grants to User a personal, revocable, limited, non-transferable, non-sublicenseable, non-exclusive, limited right to access and use the Software Service to access and use Content solely for (a) in the event that User is an Advisor, for User’s internal business purposes or servicing its Clients, and (b) in the event that User is a Client, for Client’s personal use, in both cases, in accordance with the terms and conditions of this Agreement.

1.3 User shall not: (a) reproduce, display, download, modify, create derivative works of or distribute the Software Service or Content, or attempt to reverse engineer, decompile, disassemble or access the source code for the Software Service or any component thereof; (b) use the Software Service, or any component thereof, in the operation of a service bureau to support or process any content of any party other than User or User’s Clients; (c) use the Software Service or information received from the Software Service to compete with Income Lab, (d) share, resell, license or otherwise provide access to any third-party to Content, or (e) permit any party to independently access the Software Service.

1.4 User shall not share the login credentials provided to access the Software Service with any third-party.

1.5 If User is a Client, then User may choose to enable the Software Service to interact with Third Party Services. User must have a separate and valid account with a Third-Party Service.  Once User’s right to use the Software Service terminates, User will no longer have access to the Third-Party Services through the Software Service.  The availability of Third-Party Services through the Software Service is not guaranteed, and may change or be removed without notice.  Income Lab offers the ability to have the Software Service interact with Third Party Services as a convenience only. Additionally, the availability of Third Party Services or data obtained from the Third Party Service through the Software Service is dependent on the third-party that offers the Third Party Service allowing that integration to occur.  User is responsible for (a) providing to Income Lab the necessary access credentials for the Third Party Services, and (b) configuring Third Party Services with the Software Service using the tools made available by Income Lab.  User grants Income Lab express permission to (i) use the access credentials provided by User to integrate the Third Party Service with the Software Services and (ii) retrieve, access, store, process, display, and otherwise use the data and information retrieved from the Third Party Service (“Outside Data”) in order to provide User the Software Service.  User represents and warrants that it has the power and authority to allow Income Lab access to and use of the access credentials to the Third Party Service as well as the Outside Data.  Income Lab is not responsible for the accuracy, completeness or suitability of the Outside Data it receives.  User may terminate the connection with any Third Party Service using the administrative tools provided in the Software Service.

1.6 Income Lab reserves the right to modify the Software Service in its sole discretion, including by adding (or removing) features or functionality.

1.7 If User is a Client and is accessing the Software Service through User’s broker/dealer or advisory firm in any capacity (e.g., as a client of an Advisor), then that firm or Advisor has institutional-level control over the functions and features of the Software Service that are available to User. Income Lab provides the firm with administrative control over User’s access and use of the Software Service allowing representatives designated by the firm to review and monitor, at the level of their choosing, all data and information related to the Software Service, for all financial advisors and Clients associated with the firm, including but not limited to all Client Data. Clients acknowledge and agree that their Advisor has sole control over the Client’s access and use of the Software Service, and the Advisor may terminate Client’s access to and use of the Software Services at any time, for any reason.

1.8 Advisors may only use the Software Service for their own Clients and are expressly prohibited from using the Software Service for the benefit of any third parties other than the Advisor’s Clients. Advisor acknowledges that (a) it is responsible for reviewing and interpreting any output it receives from the Software Service, and advising its Clients with its own professional judgment, and (b) all output and reports from the Software Services are intended to assist Advisor in providing advice to its Clients, but the output and reports do not constitute investment advice. If User is an Advisor, User represents and warrants that: (x) he/she is a professional financial planner, a registered representative, an investment advisor representative, an insurance agent, a paraplanner, a trust officer, an attorney, an accountant or other individual with the required registration status to make use the Software Service and, if applicable, make it available to User’s Clients, (y) he/she will accurately represent the results of any calculations performed by the Software Service, and (z) he/she will use the Software Service in compliance with all applicable laws and regulations.

2. Specific Terms and Disclaimers

2.1 Income Lab does not provide investment, financial, tax or legal advice. The information provided in the Software Service and outputs from the Software Service may not be relied on for purposes of avoiding any federal tax penalties. User should seek financial, tax and legal advice from User’s professional advisors.

2.2 Assumptions and historical data regarding rates of return, risk, inflation, longevity and other factors may be used in User’s plan analysis. These data should not be considered a guarantee of future performance or a guarantee of achieving overall financial objectives. Past performance is not a guarantee of future results of either investment indices or of any particular investment.

2.3 Information generated and displayed in the Software Service and outputs from the Software Service regarding the likelihood of various investment and retirement income outcomes are estimates and are hypothetical in nature. They do not reflect actual investment results and are not guarantees of future results. Returns data and assumptions regarding investment returns behavior are not reflective of any specific product, and do not include specific fees or expenses that may be incurred by investing in specific products. The actual returns of a specific product may be different from the returns modeled in Income Lab.

2.4 Plan results may vary with each use and over time. Furthermore, plan results may vary depending on the selected analysis method and other plan parameters and settings.

2.5 Client Data that User provides include key assumptions for plan calculations and analysis. User must review his or her plan to verify the accuracy of this information. If any of the assumptions are incorrect, User must notify its Advisor. Even small changes in assumptions can have a substantial impact on results. User must review Client Data periodically and update Client Data when either User’s information or circumstances change.

2.6 All asset and net worth information included in the Software Service and outputs from the Software Service was provided by User or User’s Advisor and is not a substitute for the information contained in the official account statements provided to User by custodian(s). The current asset data and values contained in those official account statements should be used to update the information included in Income Lab, as necessary.

2.7 Assets in account(s) may not be covered by FDIC or SIPC. FDIC and SIPC coverages apply only to certain assets and may be subject to limitations. Questions about coverage that may apply should be directed to the asset provider or sponsor.

2.8 Calculations for User’s plan use asset class returns data, not returns of actual investments. The projected return assumptions used may be estimates based on average annual or monthly returns for each asset class. Portfolio returns are calculated by weighting individual asset class return assumptions according to portfolio allocation specified in User’s plan as well as any specified asset-class specific fees. Portfolio returns reflect weighted net asset class returns reduced further for any other overall fees entered in User’s plan.

2.9 Monte Carlo simulations, which are hypothetical in nature, model a wide range of possible outcomes based on capital market assumptions (CMAs) entered and maintained by User’s financial professional or their firm. User’s Advisor or their firm may also choose to use default CMAs provided by Income Lab. Default CMAs are based on historical asset class returns. These assumptions do not reflect actual investment results and are not guarantees of future results.

2.10 All results use simplifying assumptions that may not completely or accurately reflect User’s specific circumstances. No plan can predict the future. As investment returns, inflation, taxes, and other economic conditions vary from the plan assumptions, User’s actual results may vary from those presented the Software Service and outputs from the Software Service.

2.11 No portfolio allocation eliminates risk or guarantees investment results. Income Lab does not provide recommendations on investment allocations or for any products or securities.

3. Ownership

Income Lab and its licensors shall retain exclusive ownership of the Software Service and all Content, and all related worldwide copyrights, trade secrets, patents, and all other intellectual property rights throughout the world, including any additions or modifications thereto.  All rights not expressly granted to User in this Agreement are reserved to Income Lab. The Content may be modified from time to time by Income Lab in its sole discretion and without notice.

 4. Representations and Warranties

User represents and warrants that: (a) User is a legal owner of, or User is authorized to provide Income Lab with, all Client Data, and (b) User shall use all output, analyses, and reports obtained from the Software Services for its internal business purposes and not for the benefit of any third-party other than in the case User is an Advisor, in which case User may use Content for the benefit of User’s Client associated with the Content.  If User is an Advisor, User represents and warrants that User has the required registration status to make the Software Service available to its Clients, and that User will accurately represent the results of any calculations performed by the Software Service.

5. Disclaimers

The Software Service is provided for educational purposes only.

THE SOFTWARE SERVICE, CONTENT AND ALL OUTPUTS AND INFORMATION OBTAINED FROM USE OF THE SOFTWARE SERVICE IS PROVIDED “AS IS” WITH NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, INFORMATIONAL CONTENT, SOFTWARE SERVICES INTEGRATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, AND INTERFERENCE WITH ENJOYMENT. NO WARRANTY IS MADE THAT USE OF THE SOFTWARE SERVICE WILL BE UNINTERRUPTED OR THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE SERVICE WILL BE CORRECTED, OR THAT THE SOFTWARE SERVICE’S FUNCTIONALITY WILL MEET THE USER’S REQUIREMENTS.

USER ACKNOWLEDGES AND AGREES THAT INCOME LAB IS NOT A FINANCIAL ADVISOR, BROKER-DEALER OR INVESTMENT ADVISOR AND THAT IT IS NOT PROVIDING FINANCIAL ADVICE. If USER, AN ADVISOR, OR ANY CLIENT OF USER NEEDS ADVICE REGARDING A PARTICULAR INVESTMENT, USER MUST CONTACT A FINANCIAL PROFESSIONAL. USER HEREBY ACKNOWLEDGES AND AGREES THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY INCOME LAB, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, NOR ANY INFORMATON OBTAINED THROUGH THE SOFTWARE SERVICE, WILL OR SHALL CONSTITUR INVESTMENT, FINANCIAL OR TEX ADVICE.

INCOME LAB DOES NOT PROVIDE INVESTMENT ADVICE OR RECOMMENDATIONS FOR ANY SECURITIES. NO CONTENT OR OUTPUT FROM THE SOFTWARE SERVICE SHOULD BE CONSTRUED AS A SOLICITATION OR OFFER, OR RECOMMENDATION, TO BUY OR SELL ANY SECURITY. WHILE THE SOFTWARE SERVICE MAY PROVIDE SIGNIFICANT ASSISTANCE IN HELPING THE USER MANAGE THE USER’S (OR USER’S CLIENTS) FINANCES, AND REGARDLESS OF HOW ANY INFORMATION OR MATERIAL IS DESCRIBED AT THE TIME IT IS PROVIDED TO USER, AN ADVISOR OR AN ADVISOR’S CLIENT, SUCH INFORMATION OR MATERIAL IS PROVIDED SOLELY AS A CONVENIENCE AND FOR INFORMATIONAL PURPOSES.

IF USER IS AN ADVISOR, THEN USER US SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ALL RESEARCH, FINANCIAL RECOMMENDATIONS, FINANCIAL PLANNING, ADVICE  PROVIDED TO ITS CLIENTS.  IF USER IS A CLIENT, THEN AS BETWEEN USER AND INCOME LAB, USER IS SOLELY RESPONSIBLE AND LIABLE FOR ALL INVESTMENT DECISIONS MADE BY USER, WHETHER MADE AS A RESULT OF OR WHILE USING THE SOFTWARE SERVICE OR OTHERWISE.

USER IS SOLELY RESPONSIBLE AND LIABLE FOR THE ACCURCY, COMPLETENESS AND APPROPRIATENESS OF THE DATA OR INFORMATION PROVIDED BY USER TO THE SOFTWARE SERVICE, INCOME LAB.  INCOME LAB SHALL NOT BE CONSIDERED AN “EXPERT” UNDER THE SECURITIES ACT OF 1933.

INCOME LAB IS NOT RESPONSIBLE FOR AND HALL NOT BE HELD LIABLE FOR ANY ADVICE GIVEN OR RECOMMENDATIONS MADE BY USER WITH RESPECT TO ANY FINANCIAL INSURANCE, PLANNING OR OTHER MATTER, REGARLESS OF WHETHER USER RELIED ON THE SERVICE.

Aspects of the Software Service are based on a combination of the historical performance of broad market indices, research, the economy, and financial market conditions.  These conditions might or might not occur in the future.  Income Lab offers all data, output, reports, and analyses on an “as is” basis, solely as a convenience to User.

6. Data and Information

6.1 User is responsible for uploading appropriate Client Data. User acknowledges that User is solely responsible for any Client Data that User enters, accesses, copies, shares, downloads and/or stores when using the Software Service. If User is a financial advisor, User further warrants that User has been provided and is entering the Client Data on behalf of a Client(s).  User represents and warrants that User has all necessary rights, permissions, consents, and licenses to provide Client Data to the Software Service.  User hereby grants to Income Lab a nonexclusive license to use, process, distribute, and display Client Data to provide the Software Service and as is otherwise allowed in the Agreement.

6.2 Without limitation, Income Lab may: (i) internally use and modify any Usage Data for the purposes of providing services to User, (ii) use and leverage learnings derived from Usage Data to enhance the Software Service for User and other Users, and (iii) freely use and publish Usage Data, including aggregated data for our business purposes without restriction. User acknowledges and agrees that Usage Data shall not constitute “Confidential Information” and Income Lab may use all Usage Data for any lawful purpose. Usage Data is distinct from Client Data.  Income Lab reserves the right, and User hereby grants Income Lab the right, to aggregate Client Data across multiple Clients so that the aggregated data cannot be used to identify any Client and use that aggregated data for any lawful purpose.

7. Confidential Information

7.1 Income Lab shall hold Client Data in confidence and safeguard the Client Data from unauthorized access or use using at least reasonable efforts. Income Lab shall only use Client Data as allowed in this Agreement and to provide the Software Service.  User acknowledges that the Software Service, Content, and any related documentation and all other information of Income Lab provided or made available by Income Lab to User (“Confidential Information”) is confidential and proprietary to Income Lab or its third-party licensors (“Third Party Licensors“), and may be trade secrets.  All right, title and interest in any copyrights, patents, trade secrets, and any other intellectual property rights related to the Confidential Information and Software Service, and all copies, partial copies, adaptations, additions, collective works, compilations, derivative works, enhancements, modifications, and translations of the Confidential Information and Software Service, regardless of when, or by whom created, shall remain in or are hereby assigned to Income Lab or its Third-Party Licensors.

7.2 User agrees to hold the Confidential Information in strict confidence and to safeguard the Software Service against disclosure to third parties and from unauthorized reproduction and use using the greater of (a) best efforts, and (b) the measures User uses to protect its own highly confidential information. User shall only use Confidential Information to evaluate the Software Service.

7.3 User shall not: (i) except as expressly allowed in the Agreement, disclose, encumber, assign, sublicense, sell, give, furnish, distribute or otherwise make the Software Service available, in any form, to any other person, firm or corporation; (ii) copy, translate, port, decompile, reverse engineer, or create derivative works of the Software Service; or (iii) use the Software Service in any manner except as specifically set forth herein. User further agrees to comply fully with all applicable export control laws and regulations of the United States, including but not limited to the U.S. Commerce Department’s Export Administration Regulations and the economic sanctions regulations administered and enforced by the U.S. Treasury Department’s Office of Foreign Software Services Control.

7.4 User may notify Income Lab of any findings, comments, suggestions, ideas for enhancements and/or technical feedback (whether orally or in writing) (collectively “Feedback”). User hereby assigns to Income Lab all right title and interest in and to such Feedback including without limitation all copyright, patents, trade secrets or other intellectual property rights. The Feedback shall be deemed to be the Confidential Information of Income Lab. Income Lab has no obligation to make any use of such Feedback.

8. Term & Termination

We may terminate User’s access to the Software Service if User violate these Terms of Use or any associated Income Lab policies.

9. Limitation of Liability

IN NO EVENT WILL INCOME LAB BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES, OR FOR ANY LOST DATA, LOST PROFITS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING FROM OR RELATING TO THIS AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INCOME LAB’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED $100.

10. Indemnification & Release

User shall indemnify, defend and hold harmless Income Lab, and its officers, directors, employees, agents, information providers (collectively, the “Protected Parties“) from and against all losses, expenses, liabilities, damages and costs, including reasonable attorney’s fees, resulting or arising from (a) Users’, and if applicable its Clients’, use of the Software Service, including without limitation, its use of Content and User’s assigning of roles within the Software Service, and (b) User’s relationship with its Advisor(s) or Client(s) as the case may be.

User on behalf of itself and its and assigns, and their heirs, executors, or administrators, and any one claiming through any of the foregoing, (collectively, “Releasing Parties”), hereby releases and forever discharges Income Lab, its predecessors, successors, subsidiaries, affiliates, related companies, and assigns, and its former, current and future directors, officers, partners, members, managers, shareholders, agents, attorneys, employees, representatives, customers, contractors, insurers and purchasers, any person or legal entity acting by, through, under, or in concert with any of them, any and all corporations or other legal entities that control it or may purport to control it now or in the future, and any and all corporations or other legal entities that it controls or may purport to control now or in the future (all the foregoing legal entities are collectively referred to herein as “Income Lab Released Entities”), from any and all claims, demands, and causes of action of every kind and nature whatsoever, whether or not now known, suspected, or claimed, that Releasing Parties has ever had, now has, or has in the future or claims that were asserted or could have been asserted in relation to the User’s interactions with any Client or Advisor.

11. General

11.1 Independent Contractor. Income Lab acknowledges that it is an independent contractor, and neither User nor Income Lab is intended to or should be construed to be an agent, partner, joint venture or employee of the other. Neither party has any authority to bind or otherwise obligate the other party in any manner, and neither party may represent to anyone that it has a right to do so.

11.2 Neither party may assign or transfer, by operation of law or otherwise, this Agreement or any of its rights under this Agreement to any third party without the other party’s prior written consent, such consent shall not be unreasonably withheld or delayed; except that a party may assign this Agreement without consent from the other party by operation of law or otherwise to (a) an Affiliate (b) any successor to its business or assets to which this Agreement relates, whether by merger, sale of assets, sale of stock, reorganization or otherwise. Any attempted assignment or transfer in violation of the foregoing will be void. This Agreement does not confer any rights or remedies upon any person or entity not a party hereto.

11.3 Force Majeure. Except for payment obligations, neither party will be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder as a result of any cause which is beyond the reasonable control of such party.

11.4 To be effective, notices, consents, and approvals under this Agreement must be delivered in writing by electronic mail, courier, or certified or registered mail, (postage prepaid and return receipt requested) to the other party at the address for each party first set forth on the Process and will be effective upon receipt, except that electronic mail may be used to distribute routine communications and to obtain approvals and consents but may not be used for any other notices.

11.5 Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the State of Colorado without reference to its choice of law rules.

11.6 Dispute Resolution.

User and Income Lab (for purposes of this section, “the parties”) agree that any claim or controversy that may arise between User and Income Lab relating in any way to User’s use of the publicly available portions of the Software Service will be determined by binding arbitration conducted under the auspices of JAMS pursuant to its Arbitration Rules and Procedures. This arbitration agreement includes any controversy involving the performance, construction, or breach of this Agreement.

User and Income Lab agree that the arbitration shall apply the substantive law of Colorado to all state law claims, that limited discovery shall be conducted in accordance with JAMS’s Arbitration Rules and Procedures, and that the arbitrator may not award punitive or exemplary damages, unless (but only to the extent that) such damages are required by statute to be an available remedy for any of the specific claims asserted. In accordance with JAMS’s Arbitration Rules and Procedures, the arbitrator’s award shall consist of a written statement as to the disposition of each claim and the relief, if any, awarded on each claim. User understands 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. User acknowledges that User is waiving User’s right to a jury trial. Judgment upon the award rendered may be entered in any court, state or federal, having jurisdiction and the parties hereto and their respective representatives hereby submit to the jurisdiction of any such court for the purpose of such arbitration and the entering of such judgment.

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 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.

Any award of the arbitrator or a majority of the arbitrators will be final and binding. This arbitration provision will be enforced and interpreted exclusively in accordance with applicable federal laws of the United States, including the Federal Arbitration Act. Any costs, attorneys’ fees or taxes involved in confirming or enforcing the award will be fully assessed against and paid by the party resisting confirmation or enforcement of said award.

User agrees to the following additional provisions regardless of User’s place of residence at the time a Controversy arises:

  • User agrees that any arbitration hearing will be held in Denver, Colorado;
  • User agree to the personal jurisdiction of the courts located in the State of Colorado, United States, to interpret and enforce the arbitration provisions described in these Terms and Conditions; and
  • All arbitrations will be held in the English language, unless otherwise agreed to by the parties.

User agrees that this agreement to arbitrate shall be binding on User, User’s heirs, administrators, representatives, executors, successors and assigns.

User agrees that any arbitration or proceeding shall be limited to the dispute between us and User individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. User agrees that User may bring claims against us only in User’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

11.7 Venue. Subject to the parties’ obligations to arbitrate disputes in accordance with Section 10.6, the parties hereby submit to the exclusive jurisdiction of, and waive any venue objections against, state or federal courts sitting in Denver, Colorado in any litigation arising out of this Agreement or the Services.

11.8 Remedies. Except as otherwise expressly provided in this Agreement, the parties’ rights and remedies under this Agreement are cumulative. Each party acknowledges and agrees that any actual or threatened breach of any licenses or license restrictions, or of Section 7 may constitute immediate, irreparable harm to the non-breaching party for which monetary damages would be an inadequate remedy, that injunctive relief is an appropriate remedy for such breach, and that if granted, the breaching party agrees to waive any bond that would otherwise be required. If any legal action is brought by a party to enforce this Agreement, the prevailing party will be entitled to receive its attorneys’ fees, court costs, and other legal expenses, in addition to any other relief it may receive from the non-prevailing party.

11.9 Compliance with Laws. Each party shall comply with all applicable laws and regulations applicable to the applicable party.

11.10 Waivers. To be effective, any waivers must be in writing and signed by the party to be charged. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

11.11 Severability. If any provision of this Agreement is, for any reason, held to be unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).

11.12 Counterparts. This Agreement may be executed in counterparts, each of which will be considered an original, but all of which together will constitute the same instrument.

11.13 Entire Agreement. This Agreement, including terms presented during the Process, constitute the final and entire agreement between the parties regarding the subject hereof and supersedes all other agreements, whether written or oral, between the parties concerning such subject matter. No terms and conditions proposed by either party shall be binding on the other party unless accepted in writing by both parties, and each party hereby objects to and rejects all terms and conditions not so accepted. No amendment to this Agreement will be effective unless in writing and signed (including electronically) by the party to be charged.

12. Definitions

12.1 “Advisor” means a professional financial planner, a registered representative, an investment advisor representative, an insurance agent, a paraplanner, a trust officer, an attorney or an accountant who accesses the Software Service.

12.2 “Client” means a client of an Advisor that is granted access to the Software Service by an Advisor.

12.3 “Client Data” means any information pertaining to a Client which is input by the Client, User, when using the Software Service, including through an automated technical integration. Client Data may include, without limitation, information about User’s assets, financial goals, and personal financial situation.

12.4 “Content” means all text, content, displays, data, design, selection, and arrangement thereof, and other content made available through the Software Service other than Client Data. T

12.5Third Party Service” means any third-party application, data service, or hosted service that (a) User separately pays for, (b) is provided by any third party, and (c) Income Lab allows to be integrated to the Software Service.

12.6 “Usage Data” means data collected or generated from User’s use of the Software Service that does not identify User and does not include any User Data (including without limitation, any information of or related to device data and information, network monitoring, analysis in an aggregated form).