For the purpose of this agreement a User is an individual who uses our website to evaluate our service, or for educational purposes and a Client is an individual who signs our Client Agreement that entitles the Client to have her or his investment portfolio managed by Nest Wealth.
In order to access certain features of Nest Wealth, you must register to create an account (“User Account”). When you register, you will be asked to provide you email address and eventually asked to choose a password, which you will be required to use to access your User Account in the future.
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 Nest Wealth 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 will be true, accurate, current, and complete.
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 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.
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 Nest Wealth cannot be guaranteed and that Nest Wealth 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 Nest Wealth. Your election to engage our investment management services are subject to your acceptance of the separate Client Agreement and related fee schedule.
You agree and understand that your use of Nest Wealth as a User 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 Nest Wealth is only one of many tools you may and that you should not and will not rely on Nest Wealth as the primary basis of your investment decisions and, except as otherwise provided for herein, Nest Wealth 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 Nest Wealth or information you otherwise see on our website.
Your use of Nest Wealth, and the personal information you provide is at your sole discretion and risk. Nest Wealth 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 Nest Wealth.
NEST WEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO NEST WEALTH, CONTENT AND/OR USER INFORMATION. NEST WEALTH DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED:
REGARDING THE AVAILABILITY, SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF NEST WEALTH, CONTENT AND/OR USER INFORMATION;
THAT NEST WEALTH WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED;
THAT NEST WEALTH WILL BE FREE FROM ELECTRONIC VIRUSES; OR
REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY NEST WEALTH INCLUDING BUT NOT LIMITED TO INFORMATION OBTAINED THROUGH SOCIAL MEDIA.
No advice or information, whether oral or written, obtained by you from Nest Wealth, 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.
Limitation of Liability
IN NO EVENT SHALL NEST WEALTH 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 NEST WEALTH, CONTENT AND/OR USER INFORMATION, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH NEST WEALTH OR FOR ANY INVESTMENT DECISIONS MADE ON THE BASIS OF SUCH INFORMATION, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT NEST WEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You may request termination of your User Account at any time and for any reason by sending an email to [email protected]
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 Nest Wealth 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 or by providing to Nest Wealth 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 ; or
unsolicited or unauthorized advertising, promotional materials or any other form of solicitation; or
any personal information that is objectionable in the sole discretion of Nest Wealth; 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 Nest Wealth; 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 Nest Wealth 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 Nest Wealth to send altered, deceptive, or false source- identifying information;
Interfere with or disrupt (or attempt to interfere with or disrupt) any Nest Wealth web page, server, or network, or the technical delivery systems of Nest Wealth’s providers, or disobey any requirements, procedures, policies, or regulations of networks connected to Nest Wealth.
Attempt to probe, scan, or test the vulnerability of any Nest Wealth system or network or breach or impair or circumvent any security or authentication measures protecting Nest Wealth;
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide Nest Wealth;
Attempt to access, search, or meta-search Nest Wealth or content thereon with any engine, software, tool, agent, device, or mechanism other than software and/or search agents provided by Nest Wealth or other generally available third- party web browsers, including without limitation any software that sends queries to Nest Wealth to determine how a website or web page ranks;
End client acknowledges that any deposit, withdrawal, trading or other instructions provided electronically through the/this system will be treated as fully-executable signed instructions.
End client acknowledges that login credentials provided are for their own use only, agrees to treat them as confidential and not allow any other person, business or system to use them to log in to the Nest system. End client further agrees to immediately notify Nest/Fidelity should they become aware of any actual or suspected unauthorized use of their login credentials
Violate the terms of service or any other rule or agreement applicable to you or Nest Wealth’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 Nest Wealth in connection with a competitive service (as determined by Nest Wealth);
Monitor Nest Wealth’s availability, performance or functionality for any competitive purposes
Copyrighted Materials: No Unauthorized Use. If you become aware of misuse of Nest Wealth or content thereon by any person, please contact Nest Wealth to report any abuse. Nest Wealth has adopted and implemented a policy that provides for the termination of Accounts of users who infringe the rights of copyright holders.
You agree the only way to provide us legal notice is at the address provided in Section in this agreement.
Nest Wealth is only available for use in Canada. We make no representation that Nest Wealth is appropriate or available for use outside Canada. Similarly, we make no representations that accessing Nest Wealth from locations outside Canada is legal or permissible by local law. If you access Nest Wealth from areas outside Canada, you do so at your own risk and are yourself responsible for compliance with local laws.
This Agreement is the entire agreement between you and us with respect to Nest Wealth, and your use of our website, 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.
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 [email protected] You agree, however, that (i) by submitting unsolicited ideas to Nest Wealth 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 Nest Wealth. You hereby assign and agree to assign all rights, title, and interest you have in such feedback and ideas to Nest Wealth 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 Nest Wealth by phone at 647-725-2559 or via physical mail at:
Nest Wealth Inc.
214 King St W Suite 510,