UNest Rewards Terms & Conditions
By participating in the UNest Rewards Program, you are agreeing to the following:
When the following capitalized terms are used above or below in this Agreement, the following definitions apply:
Act means the Investment Advisers Act of 1940, as amended. The Act is in the U.S. Code at 15 U.S.C. §§80b-1.
Brochure means the Wrap Fee Program Brochure that UNest files with the SEC on Part 2A of Form ADV and is available at: https://adviserinfo.sec.gov/
Custodian refers to the financial institution that is holding your securities.
Partner refers to the organization that UNest has partnered with in order to offer the UNest Rewards program.
UNest Rewards refers to the program outlined in these terms and conditions. By participating in UNest Rewards, you agree to the terms and conditions outlined here at unestapp.com/rewards-terms.
Reward Amount means the reward incentive amount as indicated in the relevant UNest Rewards promotion.
Reward Date means the date when UNest credits Reward Shares earned by a UNest Rewards Client in accordance with the terms and conditions of this Agreement to the Reward Client’s UNest Account.
Reward Shares are shares earned when a UNest Rewards Client enters into an Advisor Agreement with UNest and redeems an offer through one of UNest’s Partners.
Rules means the SEC’s rules under the Act. The SEC’s rules under the Act are in the Code of Federal Regulations at 17 C.F.R. Part 275.
The UNest Rewards program is open to all United States legal residents or citizens that currently reside in the United States. Exceptions are made for active Armed Services personnel that maintain a U.S. address and are temporarily overseas in connection with their service.
U-Nest Holdings, Inc. (“UNest”) is an investment adviser registered with the U.S. Securities and Exchange Commission. UNest Rewards Client means an investment advisory client of UNest who has entered into the UNest Advisor Agreement and decides to make participate in the UNest Rewards program. In addition, this agreement uses the terms “you,” “your” or “yours” to refer to a UNest Rewards Client.
This Agreement is by and among UNest and UNest Rewards Client subject to the terms and conditions of this Agreement.
By participating in the UNest Rewards Program, you acknowledge and agree that you are a UNest Rewards Client and that you will have the rights of a UNest Rewards Client under this Agreement and be bound by the terms and conditions of this Agreement, including without limitation all of a UNest Rewards Clients obligations, duties, covenants, undertakings, representations and warranties below. This Agreement contains a pre-dispute arbitration in Section 9.
Reward Shares for UNest Rewards
After each reward redemption through one of UNest’s Partners, you will be eligible for Reward Shares outlined in the promotion. UNest will credit your UNest Account with the amounts and types of Reward Shares that correspond to your Selected Portfolio and are collectively worth the Reward Amount at the timeshares are purchased on the Reward Date. You acknowledge and agree that, notwithstanding anything else in this Agreement or the Advisor Agreement, you shall not be entitled to any Reward Shares for a Reward if (i) UNest determines at its sole discretion that you have breached any term, condition, obligation, duty, covenant, undertaking, representation or warranty in this Agreement (see Section 3 below on Compliance; and (ii) unless you redeem a promotion using the links UNest provides in the offer. UNest, at its sole discretion, may make available certain promotions with different Reward Amounts to other UNest users or prospective users. These promotions, unless offered to you, shall have no bearing whatsoever on your Agreement or relationship with UNest. UNest’s Partners reserve the right to cancel or change the terms of any offer at any time at their sole discretion.
In connection with your participation in the UNest Rewards Program, you agree to the restrictions listed below.
- No spam – You agree that you will not “spam” anyone with links to participate in UNest Rewards either by mass emailing, use of automated systems, bots or automatic dialers and to not post links on websites or events or venue pages without express consent from the owner. You agree to not engage in any device or scheme that results in “spam.”
- No misrepresentations – You agree that you will not attempt to mislead anyone in connection with the UNest Rewards Program. This includes, but is not limited to, creating fake accounts, profiles, links or messages.
- No prohibited content – You agree that you will not use any defamatory, offensive, abusive or obscene content in connection with UNest. This includes, but is not limited to, content that violates someone else’s privacy or harassing content.
- No fraudulent activity – You agree not to defraud or abuse, or attempt to defraud or abuse, anyone in connection with the UNest Rewards Program. You agree to not engage in any activity that may be fraudulent, deceptive or manipulative.
- No misuse of UNest’s content – You agree not to sell UNest Rewards links or create websites, email addresses or social media with UNest’s name, images or content. UNest’s content is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject UNestor any of UNest’s products or services to any authorization, registration, licensing or notification requirements within any jurisdictions outside those jurisdictions in which UNest and its affiliates are licensed to operate. Violation of any of these restrictions may result in termination of your eligibility to participate in the UNest Rewards Program and may deny you any Rewards earned in violation or suspected violation of these restrictions at UNest’s sole discretion.
- UNest’s Registration. UNest represents and warrants to you that it is registered with the SEC under the Act as an investment adviser.
- Legal and Regulatory History – you represent and warrant to UNest that you are not a person: (A) subject to an SEC order issued under section 203(f) of the Act, or (B) convicted within the previous ten years of any felony or misdemeanor involving conduct described in section 203(e)(2)(A) through (D) of the Act, or (C) who has been found by the SEC to have engaged, or has been convicted of engaging, in any of the conduct specified in paragraphs (1), (5) or (6) of section 203(e) of the Act, or (D) is subject to an order, judgment or decree described in section 203(e)(4) of the Act.
- Dispute Resolution, including Pre-Dispute Arbitration Clause All controversies that may arise between you and UNest or between you and the Custodian concerning any subject matter, issue, or circumstance whatsoever (including controversies concerning any account, order, or transaction, or the continuation, performance, interpretation, or breach of this, the other Agreements, or any other agreement between you and UNest or the Custodian, whether entered into or arising before, on, or after the date this account is opened) shall be determined by binding arbitration through the Financial Industry Regulatory Authority (“FINRA”). You acknowledge that judgment upon any arbitration award may be entered in any court of competent jurisdiction. No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; or (ii) the class is decertified; or (iii) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Advisor Agreement except to the extent stated herein.
- Termination – you may terminate this Agreement at any time by notifying UNest in writing at [email protected] that you no longer desire to earn Rewards or to receive Reward Shares for the UNest Rewards Program. Upon termination, you will no longer be a UNest Rewards Client. UNest may terminate this Agreement at any time by notifying you at the email you have provided UNest in connection with your UNest Account. If UNest terminates this Agreement and you have not breached this Agreement, UNest will credit your Account with any Reward Shares you have earned from UNest Rewards before we notified you that we terminated this Agreement with you.
- Miscellaneous – the provisions of the Advisor Agreement, which you, as a UNest Rewards Client, have already entered into, shall apply to this Agreement to the same extent as they apply to the Advisor Agreement.
By participating in the UNest Rewards Program, you undertake to perform your duties under this Agreement in a manner consistent with this Agreement, any and all of UNest’s instructions to you and the provisions of the Act and the Rules. You agree to seek guidance promptly from UNest if you are in doubt about what the Act or the Rules allow or do not allow you to say or do in connection with UNest Rewards.
Use with other promotions, discounts, gift cards, and/or coupons may disqualify you from receiving a reward for this partner. If you visit other sites before completing your purchase or activate other cash back/reward sites or browser extensions, your purchase might be associated with a service other than UNest and you may be ineligible for a reward on your purchase.