Date Revised: April 5, 2024

Welcome to Carry, a technology platform and brand operated by The Vibes Company Inc. (“Company,” “we,” or “us”). The Vibes Company Inc. is the legal entity that owns and operates the Carry website (www.carry.com), mobile application, and other online products and services (collectively, the “Website” or “Services”)

Acceptance of the Terms of Use

These terms of use are entered into by and between you and The Vibes Company Inc., and its wholly-owned subsidiary, Ocho Investment Advisors LLC. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the Website, including any content, functionality, and services offered on or through ), whether as a guest or a registered user.

Additionally, these Terms of Use describe the terms and conditions that apply to account establishment and administration services primarily for tax-advantaged investment accounts, including Solo 401(k), Self Directed IRA, IRAs, and HSAs, which may be provided to you by the Company. Ocho Investment Advisors, LLC, a registered investment advisor, provides internet-based advisory services for these tax-advantaged accounts. Clients may have a separate agreement with Ocho Investment Advisors, LLC for investment advisory services, which is in addition to these Terms of Use.

Please read the Terms of Use carefully before you start to use the Website. By clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older and are legal United States citizens or residents.By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.

Services and Fees

Carry offers three membership programs with annual fees (“Annual Fee”). Updated prices, descriptions and features of these plans are available on our Website and may change without notice at the discretion of the Company. 

  • Basic Plan: $299/year
  • Pro Plan: $499/year
  • VIP Plan: Customized based on service level needs


Promotions and Discounts 

From time to time, Carry may offer promotions, discounts, or special offers for its Services. These promotions and discounts are subject to the terms and conditions specified at the time they are offered. Carry reserves the right to modify, suspend, or terminate any promotion or discount at any time without prior notice. Promotions and discounts may not be combined with other offers unless explicitly stated otherwise.”

Past Plans and Grandfathered Accounts

Carry may have offered different subscription plans or pricing in the past. Users who subscribed to these past plans may continue to use the Services under the terms and conditions that were in effect at the time of their subscription, as long as they maintain an active account and continue to pay the applicable fees. However, Carry reserves the right to discontinue or modify any past plans or grandfathered accounts at its sole discretion, subject to providing reasonable notice to affected users.

Investment Fees

Keep in mind that for certain accounts some investments may have their own fees, which are set by the issuer and not The Vibes Company Inc. You are solely responsible for paying these fees.

Bank and Brokerage Fees

The Vibes Company Inc. works with preferred banking and brokerage partners to obtain favorable, low-fee arrangements for your accounts. These fees are in addition to the Annual Fee that you pay us. The most common bank and brokerage fees you will see are simple money transfer fees. Please read your agreement with our bank and brokerage partners for all the fees charged by the partner.

Account Setup

To set up an investment account with the Company, you must provide accurate and complete information, including your name, address, social security number, and other relevant details. You must also meet eligibility requirements for the specific type of account you wish to open. The Company and Ocho Investment Advisors, LLC reserve the right to refuse service to any person for any reason.

Roles and Responsibilities

The Vibes Company Inc. is responsible for the technology-based establishment of your investment accounts. Ocho Investment Advisors, LLC provides investment advisory services for some of these accounts, which are governed by a separate agreement between you and Ocho Investment Advisors, LLC. Third-party service providers, such as banks and brokerages, may also be involved in the provision of services. The Company, Ocho Investment Advisors, LLC, and any third-party service providers have limited roles and responsibilities, as described in these Terms of Use and any separate agreements you may have with these entities.

Automatic Billing, Cancellation, and Refund Policies

When you open an account, you will be charged the first Annual Account Fee associated with your plan. Your fees will automatically be charged to your account each calendar year thereafter.

The Vibes Company Inc. is committed to providing you with a great experience. If for any reason you are not completely satisfied with your experience, please request a refund by sending an email to Support (support@carry.com) within 30 days of your first payment, and we will refund 100% of the Annual Account Fee, and stop the recurring charge. If you elect to cancel your account after 30 days, The Vibes Company Inc. will stop the recurring charge for your Annual Account Fee beginning with the next calendar year. If you have already funded your account, please contact Support if you wish to transfer funds to another institution.

E-SIGN Act Consent Disclosure

Consent to Use Electronic Records and Signatures

PLEASE READ THIS E-SIGN CONSENT CAREFULLY AND PRINT OR SAVE A COPY FOR FUTURE REFERENCE TO VERIFY THAT YOU CAN KEEP THIS TYPE OF ELECTRONIC RECORD.

This E-Sign Act Consent (this “E-Sign Consent”) is a legally binding agreement between The Vibes Company Inc., its subsidiaries, affiliates, agents and assigns (“The Vibes Company,” “us,” “we,” or “our”) and you (“you,” “your”) regarding your use of our Services. The Services may be delivered, administered, obtained, or accessed electronically through the Internet, email, text-messaging, and/or software applications (including applications for mobile or handheld devices). In connection with any Service, we may choose to provide certain Records (defined below) to you in electronic form and obtain your electronic signature in connection with those Records. If you choose not to agree to this E-Sign Consent, or you withdraw your consent, you may be ineligible to use or obtain our Services. Capitalized terms used in this E-Sign Consent, but not defined herein have the meanings given to such terms in the applicable Terms of Service.

Records to Be Provided in Electronic Form

The “Records” covered by this E-Sign Consent include, but are not limited to, all documents, communications, contracts, statements, notices, authorizations, and disclosures arising from or relating to your use or attempted use of any Services now and in the future. We reserve the right to decide which Records to provide electronically and when to request your electronic signature for those Records. As part of your use of our Services, you are entitled by law to receive certain information “in writing”. All Records in either electronic or paper format from us to you will be considered “in writing”. You acknowledge and agree that your consent to Records is being provided in connection with a transaction affecting interstate commerce that is subject to federal Electronic Signatures in Global and National Commerce Act (the “Act”), and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means. Please read this E-Sign Consent carefully and keep a copy for your records.

Scope of Your Consent

By agreeing to this E-Sign Consent, you agree that you reviewed this E-Sign Consent and verified that you can print or save a copy of it with your records. You further give your express consent to receive, view, and electronically sign the Records we display on any website, through any web browser, or in any software application (including any application for mobile or handheld devices). You agree that the electronic Records we send to your designated email address may include Records displayed in the email message, attached to it or displayed when you selected links included in the message. When a Record is electronically displayed on your computer or your mobile or handheld device, you agree that your electronic signature for the Record may include clicking displayed buttons, selecting displayed boxes, typing your name in a designated field or otherwise selecting an electronic facsimile signature for the field, sending an email reply to a message transmitted to your designated email address, or taking other affirmative actions described when you view an electronic Record displayed on your computer or your mobile or handheld device. Your consent for our use of electronic Records and signatures will be effective unless you withdraw it in the manner described below.

Request for Paper Records

After you have consented to receive Records electronically, if you would like to receive a paper copy of a Record we previously made available to you, you may request a copy by contacting us at support@carry.com. We will send your paper copy to you by U.S. mail. A paper copy of the requested Records will be provided subject to an administrative fee to be determined by The Vibes Company based on the actual out of pocket costs for printing and delivery or $30 per Record, whichever is greater. A request for a paper copy of any Record will not be considered a withdrawal of your consent to receive Records electronically.

Changing your Contact Information

It is your responsibility to provide us with a valid phone number, contact, email, and other information on file with The Vibes Company, and to maintain and update promptly any changes in this information. You understand and agree that if we send you an electronic Record but you do not receive it because your valid phone number or email address or other contact information is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Records, we will be deemed to have provided the Record to you. Your use of a spam filter that blocks or re-routes emails from senders not listed in your email address book may impact your ability to receive our Records. Therefore, you must add The Vibes Company to your email address book so that you will be able to receive the Records we send to you. You can update your contact information on your online portal or by contacting us at support@carry.com.

Withdrawing your Consent. Consequences of Withdrawing your Consent

You have the right to withdraw your consent at any time. Please be aware, however, that withdrawal of consent may result in the termination of your access to part or all of our Services.

Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it.

To withdraw your consent, you must contact us at support@carry.com.

Hardware and Software Requirements

To access, view, and retain electronic Records that we make available to you, you must have:

  • Access to the Internet
  • An email account and related software capable of receiving email through the Internet
  • Supported web browsing software (the most recent version of Google Chrome, Mozilla Firefox, Microsoft Edge, or Apple Safari)
  • Software that allows you to view and print or save PDF documents, such as Adobe Reader or similar software
  • Hardware capable of running the software described above
  • A printer or long-term storage device that allows you to print or save electronic Records for future reference

If you are obtaining a Service electronically via a mobile or handheld device (such as a smartphone or tablet), in addition to the above requirements you must have software on your device that allows you to print and save the Records presented to you. This software can typically be found in the device’s respective “app store.” If you do not have these capabilities on your device, please obtain the Service through a device that provides these capabilities.

Termination

We reserve the right, at our sole discretion, to discontinue the provision of your electronic Records, or to terminate or change the terms and conditions on which we provide electronic Records. We will provide you with notice of any such termination or change as required by law.

Consent

You agree that:

  • You have received, read, understand and agree to all of the terms of this E-Sign Consent
  • You consent to your and our use of electronic Records and signatures in connection with any Services that you request, use, or obtain

Termination

We may terminate or suspend your account and access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms of Use. Upon termination, your right to use the Website will immediately cease.

If you wish to terminate your account, you must do so through the account closure process provided on the Website. Please note that simply discontinuing the use of the Website does not automatically terminate your account. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
  • To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
  • If you choose or are provided with a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
  • We have the right to disable any user name, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Account Security

You are solely responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized access to or use of your account or any other breach of security. The Vibes Company Inc. will not be liable for any loss or damage arising from your failure to comply with this obligation.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. This includes any educational materials or courses provided by the Company. 

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features (i.e. Facebook, Twitter, Instagram) with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: support@carry.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
  • Use any robot, spider, or other automatic devices, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Website.

Commitment to Fair Practices 

The Vibes Company Inc. is committed to conducting business in a fair, transparent, and ethical manner. We prohibit any unfair, deceptive, or abusive acts or practices (UDAAP) in connection with our products, services, or interactions with you. We will provide clear and conspicuous disclosures of the terms, costs, and risks associated with our products and services, and we will not take unreasonable advantage of your lack of understanding or inability to protect your interests.

Copyright Infringement and Copyright Policy

If you believe that any User Contributions violate your copyright, please see our Copyright Policy (see below) for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting a written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:
The Vibes Company Inc.
10 Grand Street, Floor 3
Brooklyn, NY 11249
support@carry.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter-Notification Procedures

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third party.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Data Privacy and Security:

We are committed to protecting the privacy and security of your personal information. Our data practices are governed by our Privacy Policy. By using the Website, you consent to the collection, use, and sharing of your personal information as described in our Privacy Policy. We will take reasonable measures to secure your personal information in accordance with industry standards and applicable laws and regulations.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy, which is available on our Website. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Third Party Websites

The Website may contain links to third-party websites or services that are not owned or controlled by The Vibes Company Inc. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that The Vibes Company Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.”

Links from the Website
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. 

This Website may provide certain social media features that enable you to: Link from your own or certain third-party websites to certain content on this Website. Send e-mails or other communications with certain content, or links to certain content, on this Website.

Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. 

Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the state of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. You are also responsible for ensuring your eligibility to participate in the tax-advantaged accounts offered.

Disclaimer of Warranties

THE COMPANY AND OCHO INVESTMENT ADVISORS, LLC MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE INVESTMENT ADVISORY SERVICES PROVIDED BY OCHO INVESTMENT ADVISORS, LLC OR THE PERFORMANCE OF ANY INVESTMENTS MADE THROUGH THE WEBSITE OR SERVICES. INVESTING INVOLVES RISK, INCLUDING THE POTENTIAL LOSS OF PRINCIPAL, AND PAST PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS.

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT WILL THE COMPANY, OCHO INVESTMENT ADVISORS, LLC, THEIR AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY LOSSES, CLAIMS, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ARISING OUT OF OR RELATING TO THE INVESTMENT ADVISORY SERVICES PROVIDED BY OCHO INVESTMENT ADVISORS, LLC OR ANY INVESTMENTS MADE THROUGH THE WEBSITE OR SERVICES.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York and County of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Disputes related to the investment advisory services provided by Ocho Investment Advisors, LLC will be governed by the separate agreement clients have with that entity.

Arbitration, Limitation on Time to File Claims, Waiver and Severability, and Entire Agreement

At Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and The Vibes Company Inc. with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by The Vibes Company Inc., 10 Grand Street FL 3, Brooklyn, NY 11249.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy (see above) in the manner and by the means provided above.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support@carry.com.

E-SIGN Act Consent Disclosure (Consent to Use Electronic Records and Signatures)

PLEASE READ THIS E-SIGN CONSENT CAREFULLY AND PRINT OR SAVE A COPY FOR FUTURE REFERENCE TO VERIFY THAT YOU CAN KEEP THIS TYPE OF ELECTRONIC RECORD.

This E-Sign Act Consent (this “E-Sign Consent”) is a legally binding agreement between The Vibes Company Inc., its subsidiaries, affiliates, agents and assigns (“The Vibes Company,” “us,” “we,” or “our”) and you (“you,” “your”) regarding your use of our Services. The Services may be delivered, administered, obtained, or accessed electronically through the Internet, email, text-messaging, and/or software applications (including applications for mobile or handheld devices). In connection with any Service, we may choose to provide certain Records (defined below) to you in electronic form and obtain your electronic signature in connection with those Records. If you choose not to agree to this E-Sign Consent, or you withdraw your consent, you may be ineligible to use or obtain our Services. Capitalized terms used in this E-Sign Consent, but not defined herein have the meanings given to such terms in the applicable Terms of Service.

Records to Be Provided in Electronic Form

The “Records” covered by this E-Sign Consent include, but are not limited to, all documents, communications, contracts, statements, notices, authorizations, and disclosures arising from or relating to your use or attempted use of any Services now and in the future. We reserve the right to decide which Records to provide electronically and when to request your electronic signature for those Records. As part of your use of our Services, you are entitled by law to receive certain information “in writing”. All Records in either electronic or paper format from us to you will be considered “in writing”. You acknowledge and agree that your consent to Records is being provided in connection with a transaction affecting interstate commerce that is subject to federal Electronic Signatures in Global and National Commerce Act (the “Act”), and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means. Please read this E-Sign Consent carefully and keep a copy for your records.

Scope of Your Consent

By agreeing to this E-Sign Consent, you agree that you reviewed this E-Sign Consent and verified that you can print or save a copy of it with your records. You further give your express consent to receive, view, and electronically sign the Records we display on any website, through any web browser, or in any software application (including any application for mobile or handheld devices). You agree that the electronic Records we send to your designated email address may include Records displayed in the email message, attached to it or displayed when you selected links included in the message. When a Record is electronically displayed on your computer or your mobile or handheld device, you agree that your electronic signature for the Record may include clicking displayed buttons, selecting displayed boxes, typing your name in a designated field or otherwise selecting an electronic facsimile signature for the field, sending an email reply to a message transmitted to your designated email address, or taking other affirmative actions described when you view an electronic Record displayed on your computer or your mobile or handheld device. Your consent for our use of electronic Records and signatures will be effective unless you withdraw it in the manner described below.

Request for Paper Records

After you have consented to receive Records electronically, if you would like to receive a paper copy of a Record we previously made available to you, you may request a copy by contacting us at support@carry.com. We will send your paper copy to you by U.S. mail. A paper copy of the requested Records will be provided subject to an administrative fee to be determined by The Vibes Company based on the actual out of pocket costs for printing and delivery or $30 per Record, whichever is greater. A request for a paper copy of any Record will not be considered a withdrawal of your consent to receive Records electronically.

Changing your Contact Information

It is your responsibility to provide us with a valid phone number, contact, email, and other information on file with The Vibes Company, and to maintain and update promptly any changes in this information. You understand and agree that if we send you an electronic Record but you do not receive it because your valid phone number or email address or other contact information is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Records, we will be deemed to have provided the Record to you. Your use of a spam filter that blocks or re-routes emails from senders not listed in your email address book may impact your ability to receive our Records. Therefore, you must add The Vibes Company to your email address book so that you will be able to receive the Records we send to you. You can update your contact information on your online portal or by contacting us at support@carry.com.

Withdrawing your Consent. Consequences of Withdrawing your Consent

You have the right to withdraw your consent at any time. Please be aware, however, that withdrawal of consent may result in the termination of your access to part or all of our Services.

Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it.

To withdraw your consent, you must contact us at support@carry.com.

Hardware and Software Requirements

To access, view, and retain electronic Records that we make available to you, you must have:

  • Access to the Internet
  • An email account and related software capable of receiving email through the Internet
  • Supported web browsing software (the most recent version of Google Chrome, Mozilla Firefox, Microsoft Edge, or Apple Safari)
  • Software that allows you to view and print or save PDF documents, such as Adobe Reader or similar software
  • Hardware capable of running the software described above
  • A printer or long-term storage device that allows you to print or save electronic Records for future reference

If you are obtaining a Service electronically via a mobile or handheld device (such as a smartphone or tablet), in addition to the above requirements you must have software on your device that allows you to print and save the Records presented to you. This software can typically be found in the device’s respective “app store.” If you do not have these capabilities on your device, please obtain the Service through a device that provides these capabilities.

Termination

We reserve the right, at our sole discretion, to discontinue the provision of your electronic Records, or to terminate or change the terms and conditions on which we provide electronic Records. We will provide you with notice of any such termination or change as required by law.

Electronic Fund Transfers When you use our electronic fund transfer (EFT) services, you have certain rights and responsibilities under the Electronic Fund Transfer Act (Regulation E). We will provide you with clear disclosures of the terms and conditions of our EFT services, including your liability for unauthorized transfers, our error resolution procedures, and any fees associated with EFTs. We will also provide you with periodic statements that include information about your EFTs. If you believe there has been an unauthorized EFT or an error on your account, please contact us promptly at support@carry.com.

Truth in Savings We will provide you with clear and conspicuous disclosures of the terms and conditions of our deposit accounts, including the annual percentage yield (APY), interest rate, minimum balance requirements, and any fees associated with the accounts. We will calculate and pay interest on your accounts in accordance with the terms and conditions disclosed to you. If we advertise our deposit accounts, we will include the APY and other relevant terms in the advertisement.

Consent

You agree that:

  • You have received, read, understand and agree to all of the terms of this E-Sign Consent
  • You consent to your and our use of electronic Records and signatures in connection with any Services that you request, use, or obtain.