Terms & Conditions

PLEASE READ CAREFULLY BEFORE USING THE MEASURED SITE, THE MEASURED APP, OR ANY OF MEASURED’S SERVICES. THESE TERMS INCLUDE AN ARBITRATION PROVISION WITH CLASS ACTION AND JURY TRIAL WAIVERS.

Your use of our website, including any of its subdomains, and any other websites owned and hosted by Measured (together, our “Site”), and our mobile application (the “Measured App”, and together with our Site, the “Measured Platform”) is governed by these Measured Terms of Service (“Measured Terms”). By using or accessing the Measured Platform and/or authorizing your investment advisory firm and/or financial adviser to interact with or use our Services on your behalf, you acknowledge that you have read, understood, and agree to comply with these Measured Terms and our Privacy Policy. You agree that these Measured Terms are the legal equivalent of a signed, written contract and constitute a legally binding agreement between us and you, as a user of the Measured Platform, and that you have read these Measured Terms, and accept, understand and will be bound by them. If you do not agree, you must not use the Measured Platform.

The Measured Platform is operated by Measured Financial, Inc., its affiliates and agents. All references to “Measured,” “we” or “our” in these Measured Terms shall include affiliates, which shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, Measured Financial, Inc.

If you have any comments, concerns or questions regarding these Measured Terms, please email us at support@measured.fi.

1. Other Terms May Apply

We offer access to certain products and services through the Measured Platform, including, but not limited to, Financial Services (as defined below) (collectively, “Services”). Services accessed through the Measured Platform may be offered by us or by, or in conjunction with, third-party banks, broker-dealers, investment advisers, lenders, or other partners. Access to these Services may be subject to additional terms and conditions or other agreements specific to these Services (“Additional Terms”). These Measured Terms hereby incorporate any Additional Terms to which you may agree by reference. If there is a conflict between these Measured Terms and the Additional Terms, such other Additional Terms will take precedence with respect to the specific aspects of the Service to which it applies. 

Our Privacy Policy which sets out the terms on which we process any personal data we collect from you or that you provide to us, are incorporated into these Measured Terms by reference and also govern your use of the Measured Platform and our Services. By using or accessing any part of the Measured Platform and/or our Services, you agree to comply with our Privacy Policy.

2. These Terms May Change

We may update and amend these Measured Terms from time to time in our sole discretion, including by adding, deleting or modifying terms, which will be effective when posted on any part of the Measured Platform. Every time you wish to use the Measured Platform, please check these Measured Terms to ensure you understand the terms that apply to you at that time. Your continued use of the Measured Platform after the posting of any changes to these Measured Terms will mean that you accept and agree to the changes.

3. How to Access Our Services

In order to access or use any of our Services, you will be required to log into the Measured Platform and create an account (your “Measured Account”). To be eligible to use our Services, you must:

• Be a U.S. citizen – The Measured Platform and our Services are intended to be made available only to individuals who are legal residents of the fifty (50) United States or the District of Columbia. Nothing on the Measured Platform shall be considered a solicitation to sell products or services to any non-U.S. persons or to subject us to non-U.S. laws or regulations.
• Be of legal age in your state of residence – You must be at least 18 years old (or 19 years in Alabama or Nebraska) to use the Measured Platform or any of our Services.
• Provide your full legal name, address, telephone number, date of birth, social security number, identity of employer, and have a valid and unique email address.

We offer access to certain financial products and services (“Financial Services”) that may require establishing accounts through the Measured Platform, and which may be with a Measured entity or a third-party financial institution partner. Accessing and maintaining accounts to access these Financial Services may be subject to additional eligibility requirements and to Additional Terms, which will be disclosed to you before you sign up. We do not guarantee that you will qualify or be able to use any particular Financial Service, even if your Measured Account is in good standing. 

Our Services are designed for use by individuals and Measured’s partner service providers. If you are an individual acting on your own behalf or if your investment advisory firm and/or financial adviser uses a Measured Account on your behalf, you and your advisers are the only authorized users of the Measured Account. You and your third-party investment advisory firm and/or financial adviser have the exclusive right to access, update, or delete certain information within your Measured Account through the Platform. 

 Our Services May Change

We reserve the right to withdraw or amend any portion of the Measured Platform, and any Services we provide on or through the Measured Platform, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Measured Platform or the Services is unavailable at any time or for any period. From time to time, we may restrict users’ access to some or all of the Measured Platform, the Services, or any part thereof.

4. Your Responsibilities

     A. Account Security

You are responsible for maintaining the security of Credentials for your Measured Account. You should treat your Credentials, such as your name, username or password as confidential, and you agree not to provide any other person with access to any password-protected portion of the Measured Platform except as set forth in this Section. 

Your Measured Account may include personal and sensitive information, including financial information. You agree that you are solely responsible for all activities that occur in connection with your Measured Account, username, and password. If you authorize a third party to access your Measured Account, then we may disclose your information with such third party or accept payments made on your behalf from such third party. Granting a third party authorization to take action on your behalf or use your information does not relieve you of any responsibilities under these Measured Terms. 

If you authorize your investment advisory firm and/or financial adviser to interact with or use our Services on your behalf, you authorize and consent to Measured and your investment advisory firm and/or financial adviser sharing your personal information. This includes, but is not limited to:

- Your name, email, phone number, and address;

- Your date of birth and Social Security Number (SSN);

- Copies of your passport, driver's license, or other ID, and any information contained therein;

- Your hashed password and information for authentication and account access;

- Your bank account information, including routing and account numbers;

- Your brokerage account information, such as account numbers, account type, encumbrance information, and trade and transaction history; and

- Details of transactions like wire transfers and ACH payments;

This sharing occurs during processes such as confirming your identity, onboarding you as a client, initiating and completing underwriting, servicing your loan, liquidating pledged securities, maintaining your account, or managing fraud or legal risks. Your authorization for your investment advisory firm and/or financial adviser to interact with or use our Services on your behalf thereby provides your investment advisory firm and/or financial adviser with full access and authorization to your Measured Account. It enables your them to set up your Measured Account, apply for our Services for your benefit, monitor updates on your Measured Account, get notifications from us directly about your Measured Account, enact changes to your loan and Measured Account such as opening and closing a line of credit, withdrawing funds, settling outstanding balances, and assisting Measured in liquidating your pledged securities if necessary. 

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Measured reserves the right to accelerate your loan, require early repayment of your line of credit, terminate the its relationship with you, or deny you some or all Services on the Measured Platform if, at any point, you revoke the authorization given to your investment advisory firm and/or financial adviser to use the Measured Platform on your behalf and partner with Measured.

You must immediately notify us of any unauthorized use of your Measured Account, password, username, or any other breach of security. You acknowledge and agree that you are solely responsible for any activities or actions carried out under your Measured Account, whether or not you have authorized such activities or actions. We will not be liable for any loss or damage arising from your failure to comply with this Section.

     B. Providing Accurate and Updated Information

You certify that the information you provide to us at any point, including in connection with the registration process of your Measured Account or with the use of the Measured Platform or any Services, is true, accurate, current, and complete. You agree that you will maintain and update such information regularly.

You also agree to provide any information or documentation reasonably requested by us to verify your identity and other information provided by you. You agree that we or our agents may contact third parties to verify such information, including consumer reporting agencies, and you authorize us to share any information we collect about you with third-party sources or service providers to help us with these verification procedures.

     C. Prohibited Activities

While using the Site or the Measured App, you agree to comply with all applicable laws, rules and regulations, in addition to these Measured Terms. We reserve the right to terminate your access to or use of the Site or the Measured App, any of the Services or your Measured Account (or any part thereof), or to accelerate the full repayment of your loan, if you fail to comply with any such law, regulation, rule or these Measured Terms.

You also agree not to use, or to assist or enable any others to use the Measured Platform, your Measured Account or any of the Services for any unlawful or fraudulent activity. This includes, but is not limited to, the following:

• Breaching any applicable laws or regulations, agreements with third parties, third-party rights, or agreements with us or any of our third-party partners, including these Measured Terms and any Additional Terms;
• Providing false, inaccurate or misleading information to us or any of our third-party partners;
• Using any device, software, routine, file, or other tool or technology, including but not limited to any viruses, Trojan Horses, worms, time bombs or cancelbots, intended to damage or interfere with any of the Services or service to any user, host or network, or otherwise attempt to disrupt our business, or to surreptitiously intercept or expropriate any system, data, or personal information from the Measured Platform, any of the Services, or the Measured network;
• Probing, scanning, or testing the vulnerability of this Measured Platform, or the Measured network or breaching security or authentication measures without proper authorization;
• Taking any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam”, “flooding”, “mail bombing”, “crashing”, or any other such unsolicited overload technique;
• Sending unsolicited mail, including promotions and/or advertising of products and services;
• Attempting to use or launch any automated system, including robots, spiders, intelligent agents, software, tools, engineers, or other means to navigate or search the Measured Platform other than those generally available through third-party web browsers such as Microsoft Explorer or Google Chrome;
• Committing unauthorized use of the Measured Platform, your Measured Account or any of the Services, including but not limited to, unauthorized entry into our systems, accessing data that is not intended for you, misusing passwords, or misusing any information posted to the Measured Platform;
• Modifying, copying, distributing, publishing, licensing or selling the Measured Platform or any of the Services or any derivative work based on the foregoing;
• Otherwise invading the privacy of, obtaining the identity of, or obtaining any personal information about any other customer or user of the Measured Platform, or any of the Services; or
• Using the Measured Platform or any of the Services for competitive purposes, including to reverse engineering, decompiling, deciphering, disassembling, or otherwise translating any part of the Measured Platform, our Services or any of our technology or to engage in mystery shopping.

Violations of system or network security may result in termination of your account, acceleration of the full repayment of your loan, and civil or criminal liability.

5. Investment Advisory Services, Content and Other Materials on the Measured Platform

Our subsidiary, Measured Advisers LLC (“Measured Advisers”), provides its investment advisory services only through the Measured Platform to individuals who become Measured Advisers clients pursuant to a written investment advisory agreement. Investment plans and other content provided on the Measured Platform are provided for illustrative or educational purposes only– the ultimate responsibility for the investments in your portfolio will be made by you. You should strongly consider obtaining professional or specialist advice before taking, or refraining from, any action on the basis of the content or other information on the Measured Platform. 

If you are a Measured Advisers client, you acknowledge that the value of your investment portfolio may fluctuate over time, and you may gain or lose money. Each client’s investment results can vary based on their specific account holdings. Forecasts or projections of investment outcomes are estimates only, and are based upon numerous assumptions about future capital market returns and economic factors. As estimates, they are imprecise and hypothetical in nature, do not reflect actual investment results, and are not guarantees of future results. PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS, AND ANY EXPECTED RETURNS OR HYPOTHETICAL PROJECTIONS MAY NOT REFLECT ACTUAL FUTURE PERFORMANCE. FURTHERMORE, PAST RETURNS MAY REFLECT THE PERFORMANCE OF ASSETS FOR A FINITE TIME, OR DURING A PERIOD OF EXTREME MARKET ACTIVITY. ALL INVESTMENTS INVOLVE RISK AND MAY LOSE MONEY. There can be no assurance that your portfolio of securities will provide positive performance over any period of time. Please read Measured Advisers’ Form ADV Part 2 (Brochure) carefully prior to becoming a client.

6. Collection and Use of Financial Information

We strive to provide our customers with various tools to manage their loan and investment portfolio from the Measured Platform. To make full use of our Services, you may need to have and maintain accounts to access certain Financial Services (each, a “Financial Service Account”) or link an external eligible bank or brokerage account maintained at a third-party financial institution to your Measured Account (“Linked Account”). You authorize us to access or collect certain financial data from each of your Financial Service Accounts or any other Linked Account(s), including without limitation, account balances, securities holdings, transaction dates, transaction types, and other information, data, passwords, or other content (collectively, “Transaction Data”) in accordance with our Privacy Policy.

We use service providers, including Plaid Technologies Inc. (“Plaid”) and Yodlee Inc. (“Yodlee”), to gather end user data from financial institutions, e.g., to link your Linked Account. By using our Services, you grant us and these service providers, including Plaid and Yodlee, the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by these service providers in accordance with their privacy policies.  

You provide log-in credentials (“Credentials”) to your accounts at your own risk. By using our service you agree that the data sources that maintain your accounts and any third parties that interact with your Credentials or account data in connection with our service are not liable for any loss, theft, compromise, or misuse whatsoever in connection with our services (including negligence), except to the extent such liability cannot be limited under applicable law. Data sources make no warranties of any kind related to the data provided by our services--whether express, implied, statutory, or otherwise. Except for PDFs of official account documents we retrieve on your behalf and provide to you without alteration, no data provided by our services is an official record of any of your accounts. 

By linking any Linked Account, you represent and warrant to Measured and its service providers that you are the legal owner of the Linked Account, that you have the right to disclose your credentials for such Linked Account if needed, and that you have the right to grant the authorizations in this Section 6 with regard to such Linked Account. You acknowledge that the services provided by these service providers are provided “as is” and for general informational purposes only. You acknowledge that Measured and its service providers are not responsible and are not liable for any acts, errors, or omissions by the financial institutions at which you maintain your Linked Account(s), or for the accuracy, completeness, availability or timeliness of the information provided by such institutions, or for any investment or other decisions you make using the information provided.

     A. Use of Financial Information

Subject to the restrictions described in our Privacy Policy, your opt-out right as described in Subsection C below, and any applicable laws, you authorize Measured, its service providers and any of our non-affiliated third-party partners to use, display or distribute any of the Transaction Data for any of our Services, to operate, provide, administer, develop and improve the Services or any other products or services that may be available to you through the Measured Platform. You authorize Measured and its service providers and partners to use Transaction Data in order to determine your eligibility for any Services that may be provided by or through Measured. Measured and its service providers and partners may, on an aggregated and anonymized basis, use, modify, display, distribute and create new material using the Transaction Data in order to provide you with Services. You agree that, without any particular time limit, and without the payment of any fees, Measured and its service providers and partners may use the Transaction Data for the purposes set out above.

YOU ACKNOWLEDGE AND AGREE THAT WHEN WE OR OUR SERVICE PROVIDERS OR PARTNERS ARE ACCESSING AND RETRIEVING INFORMATION FROM THIRD-PARTY SITES, WE AND OUR SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OF OR ON BEHALF OF THE THIRD PARTY.

     B. Retention of Financial Information

We reserve the right to remove, delete, block, edit or modify any Transaction Data in our possession at any time, subject to applicable regulatory retention requirements, without prior notice and in our sole discretion for any reason or no reason. We have no obligation to retain or delete any of your Transaction Data beyond any applicable regulatory retention periods to which we are subject.

     C. Right to Opt Out

You understand that, consistent with our Privacy Policy, you have a right to limit or opt out of the sharing of your information with Measured affiliated companies for marketing purposes and information about your creditworthiness. To exercise this right, please use the information in the Contact Us section of the Privacy Policy. 

If you have a loan outstanding that you entered into using the Measured Platform, you may not be able to opt out of sharing certain financial information.  In order to opt out, you may be required to repay your loan first.

By following the same steps, you may also more generally withdraw your consent to the collection and use of Transaction Data as described above. You can also do so by removing your Linked Account(s) from the Measured Platform. To the extent permitted by applicable law, your withdrawal of consent to the collection and use of Transaction Data as described above may impact your ability to access the Services provided by or through Measured and/or may result in the closure of your Measured Account. Please note that there are applicable laws that require us to keep certain forms of data for recordkeeping purposes and/or to complete any transactions that you began prior to your request.

California and Vermont residents should refer to Measured’s Privacy Policy for more specific information.

7. Communications

You authorize us and our affiliates, agents, representatives, assigns, successors, and service providers (including attorneys and collection companies), or anyone calling or contacting on our behalf or our assigns’ and successors’ behalf (collectively, the “Messaging Parties”) to contact you or your authorized representative using automated telephone dialing systems, artificial or prerecorded voice message systems, text messaging systems, and automated e-mail systems in order to provide you with information about the Services, your Measured Account, Financial Services Accounts, account/loan servicing communications, collection notices, or with any other transactional messages. You authorize the Messaging Parties to make such contacts using the telephone number (including wireless, landline and VOIP numbers) or e-mail address associated with your account and that you have supplied to the Messaging Parties, and you acknowledge that such communications could also be sent via push notifications in the Measured App. Automated messages may be played by a machine automatically when the telephone is answered, whether answered by you or someone else. In the event that an agent or representative calls, he or she may leave a message on your answering machine, voice mail, or send one via text. You understand that anyone with access to your or your authorized representative’s telephone or your e-mail account may listen to or read the messages the Messaging Parties leave or send you or your authorized representative, and you agree that the Messaging Parties will have no liability for anyone accessing such messages. You further understand that you may incur charges from the company that provides you with telecommunications, wireless and/or Internet services, and you agree that the Messaging Parties will have no liability for such charges. You expressly authorize the Messaging Parties to monitor and record your calls, emails, text messages, chats and other communications with the Messaging Parties. However, we are not under any obligation to monitor, record, retain, or reproduce such recordings, unless required by applicable laws. You agree that this consent forms part of a bargained-for exchange. You have the right to revoke text messages and calls to your cell phone or to revoke artificial or prerecorded voice message system calls, and you may exercise this right only by calling the Messaging Parties at 1-888-704-6970; emailing optout@Measured.fi, or, to stop text messages, by replying “STOP” to any text message the Messaging Parties send you. To the extent permitted by applicable law, you may not revoke your consent to receiving servicing or collection notices or any other transactional communications about your Measured Account or use of Services.

You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Measured or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy for how to see how we treat your data.

Please note that while these communications will never include your password, they may include your name, email address, and information related to your portfolio(s) if you are a client.

8. Failure to Comply with Measured Terms; Termination

We may suspend or terminate your Measured Account, and/or deny you or your authorized representative access to use the Measured Platform, or any of our Services, without prior notice, if you or your authorized representative engage in any conduct that we believe, in our discretion: (1) violates any part of these Measured Terms, (2) violates our rights or those of third parties, (3) fails to comply with any laws or regulations, or (4) is otherwise considered inappropriate. These Measured Terms will continue to apply even if you are suspended or terminated.

You have the right to terminate these Measured Terms by reaching out to us at support@measured.fi to deactivate your Measured Account. Please note that there may be prerequisites to your ability to terminate depending on which Financial Services you have accessed or used or which Financial Services Accounts remain open. See the applicable Additional Terms for more information. 

Any suspension, termination, or cancellation shall not release you from your obligations to Measured as outlined in these Terms of Service (including, but not limited to, provisions related to ownership, indemnification, and limitation of liability). These obligations, by their nature and context, are intended to remain in effect and be binding even after such suspension, termination, or cancellation.

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9. Miscellaneous

     A. Disclaimer of Warranties

THE MEASURED PLATFORM, ANY OF OUR SERVICES, CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE OR IN CONNECTION WITH THE MEASURED PLATFORM ARE PROVIDED TO YOU “AS IS'' WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND. MEASURED AND EACH OF OUR RELATED AND AFFILIATED ENTITIES DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO THE MEASURED PLATFORM, ANY OF OUR SERVICES, CONTENT, INFORMATION AND MATERIALS (INCLUDING ANY USER CONTENT AND THIRD-PARTY CONTENT) MADE AVAILABLE OR IN CONNECTION WITH THE MEASURED PLATFORM, INCLUDING ANY REPRESENTATIONS OR WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE MEASURED PLATFORM, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT, INFORMATION OR MATERIALS AVAILABLE THROUGH THE MEASURED PLATFORM.

It is possible that applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights. Please note that information on this Measured Platform may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness or accuracy of any information on the Measured Platform .

     B. Indemnification

Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless Measured, each of our related and affiliated entities, our third-party partners, and any of our or their respective officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates from and against all claims, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of (1) your or your authorized representative’s use of, or activities in connection with, the Measured Platform or any of our Services, (2) your or your authorized representative’s violation or alleged violation of these Measured Terms, Additional Terms or any applicable laws and regulations, or (3) your or your authorized representative’s violation or alleged violation of any intellectual property or other right of a third party.

     C. Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, NEITHER MEASURED, NOR ITS RELATED AND AFFILIATED ENTITIES NOR EACH OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS OF EACH, SHALL BE LIABLE TO YOU OR YOUR AUTHORIZED REPRESENTATIVE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF MEASURED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT WITH YOU, OUR MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED THROUGH THIS MEASURED PLATFORM, ANY OF ITS SERVICES OR ITS CONTENT, MATERIALS OR INFORMATION, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT YOU PAID TO ACCESS OR USE ANY OF THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION OR ANY OTHER SECTIONS IN THESE MEASURED TERMS OF SERVICE MAY NOT APPLY TO YOU.

     D. Arbitration

By using the Measured Platform, or any of the Services, you agree to be bound by this binding arbitration provision to govern any disputes arising out of or related to these Measured Terms, use of or access to the Measured Platform (or any part thereof) or any of the Services. Arbitration shall be conducted by and submitted to a single arbitrator (“Arbitrator”) selected from and administered by JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.org, in accordance with its then existing Comprehensive Arbitration Rules & Procedures, or any other company selected by mutual agreement of the parties. The Arbitrator shall be authorized to award compensatory damages, but shall not be authorized to award non-economic damages such as for emotional distress, or pain and suffering, or punitive or indirect, incidental or consequential damages. Each party shall bear its own attorneys’ fees, cost and disbursements arising out of arbitration, and shall pay an equal share of the fees and costs of the Arbitrator and JAMS; however, the Arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the Arbitrator. Within fifteen (15) calendar days after conclusion of the arbitration, the Arbitrator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Each party shall fully perform and satisfy the arbitration award within fifteen (15) days of the service of the award. Judgment on the award may be entered by any court of competent jurisdiction.

By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or dispute were determined by litigation in court, including without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right to bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence. 

YOU AGREE THAT, IF YOU DECIDE TO REGISTER FOR AND OPEN A MEASURED ACCOUNT OR IF YOU OTHERWISE USE ANY OF OUR SERVICES, YOUR RELATIONSHIP WITH US WILL BE GOVERNED BY THE AGREEMENT FOR RESOLVING DISPUTES, THE FULL TEXT OF WHICH IS PROVIDED TO YOU WHEN YOU CREATE YOUR MEASURED ACCOUNT. THE AGREEMENT FOR RESOLVING DISPUTES PROVIDES FOR DISPUTE RESOLUTION FOR ALL CLAIMS AS DEFINED IN THAT AGREEMENT. YOU FURTHER AGREE THAT IF YOU REGISTER FOR AND OPEN A MEASURED ACCOUNT OR USE ANY OF OUR SERVICES, THE AGREEMENT FOR RESOLVING DISPUTES SUPERSEDES THE ARBITRATION PROVISIONS IN THESE MEASURED TERMS.

     E. Governing Law

These Measured Terms are governed by the laws of the State of New York, without regard to its principles of conflicts of law, and regardless of your location.

     F. Venue

You agree to the personal jurisdiction by and venue in the state and federal courts in the City and County of New York, New York and agree and consent that such courts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of this Measured Platform or any of the Services, subject to the Disputes Agreement (as such term is defined below).  

     G. Jury Trial Waiver (if Dispute is Not Arbitrated)

YOU AND WE ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT, BUT THAT IT MAY BE WAIVED UNDER CERTAIN CIRCUMSTANCES. TO THE EXTENT PERMITTED BY LAW, YOU AND WE, AFTER HAVING HAD THE OPPORTUNITY TO CONSULT WITH COUNSEL, KNOWINGLY AND VOLUNTARILY, AND FOR THE MUTUAL BENEFIT OF ALL PARTIES, WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THESE MEASURED TERMS, USE OF OR ACCESS TO THE MEASURED PLATFORM (OR ANY PART THEREOF) OR ANY OF THE SERVICES. THIS JURY TRIAL WAIVER SHALL NOT AFFECT OR BE INTERPRETED AS MODIFYING IN ANY FASHION THE SEPARATE DISPUTES AGREEMENT BETWEEN YOU AND US, WHICH CONTAINS ITS OWN SEPARATE JURY TRIAL WAIVER.

    H. Assignment

You may not assign or delegate these Measured Terms or any of the terms or conditions hereunder, directly, indirectly, or otherwise without our prior written consent, and any such purported assignment or delegation in violation of this section shall be void. Measured may assign or transfer these Measured Terms without your prior written consent.

     I. Severability

Any failure by us to exercise any rights or enforce these Measured Terms or any Additional Terms shall not constitute a waiver of such rights or terms. If any provision of these Measured Terms or any Additional Terms, or their application in a particular circumstance shall be held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law. The remainder of these Measured Terms, or any Additional Terms, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law. 

10. Copyright and Intellectual Property Policy

At Measured, we value and respect intellectual property rights. This Copyright and Intellectual Property Policy outlines our guidelines and procedures regarding copyright infringement and the protection of intellectual property on the Measured Platform, and the Services. By accessing or using the Services provided via the Measured Platform, you agree to comply with the following policy:

All content, including but not limited to text, graphics, images, videos, audio, software code, user interface design, and logos, available on the Measured Platform, and all intellectual property rights associated with the above (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks and service marks) (together, our “Intellectual Property”) is protected by applicable copyright and intellectual property laws as well as international treaties. Measured owns all intellectual property rights in the Measured Platform, the Services and its content. Unless expressly permitted by Measured or applicable copyright laws, you may not copy, reproduce, distribute, modify, post, frame, scrape, or transmit any content from the Measured Platform without prior written authorization. You may not engage in any activity that would infringe upon the intellectual property rights of Measured or any third party associated with the Measured Services.

Trademarks

Measured's trademarks, service marks, logos, and trade dress (collectively referred to as "Measured Marks") are valuable assets and protected by trademark laws. The Measured Marks include, but are not limited to, the Measured name, logo, and any other distinctive identifiers associated with Measured. You may not use any Measured Marks without obtaining prior written permission from Measured. Unauthorized use of Measured Marks is strictly prohibited and may constitute trademark infringement and unfair competition. Any use of Measured Marks must be in compliance with applicable laws and regulations and should not create confusion, imply endorsement, or misrepresent any affiliation with Measured.

‍ Copyright Infringement

Measured is committed to respecting the intellectual property rights of others. If you believe that your copyrighted work has been infringed upon on or through the Measured Platform, please promptly notify us in writing with the following information:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
• A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are involved, a representative list of such works.
• Identification of the infringing material and its location on the Measured Services, including specific URLs or other relevant details.
• Your contact information, including your address, telephone number, and email address.
• A statement by you that you have a good faith belief that the use of the disputed material is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

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Please send your copyright infringement notice to the following designated agent:

Legal Dept., Designated Copyright Agent

Measured Financial, Inc.

187 Lafayette Street Floor 4

New York, NY, 10013

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Upon receiving a valid copyright infringement notice, Measured will take appropriate action, which may include removing or disabling access to the infringing material.  

For any questions or concerns regarding this Copyright and Intellectual Property Policy, please contact legal@measured.com.

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