Evolución
TERMINOS DE USO
Evolución
TERMINOS DE USO
Evolución
TERMINOS DE USO
Evolución
TERMINOS DE USO
Version – 1.00
Last Updated – 6/152025
Version – 1.00
Last Updated – 6/152025
Introduction
Introduction
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These Terms of Use (the “Terms of Use”) constitute a legally binding agreement between you (“you”, “your” or “Visitor”) and Axis Prime, a St. Lucia company limited by shares (D/B/A Evolucion) Nevada limited liability company (“us”, “we”, “Company” or “Evolucion”). These Terms of Use govern your access to and use of our Platform (defined below) available at [INSERT URL] (“Website”), including any of its content and subdomains. Please read these Terms of Use carefully before you start to use the Platform. By accessing or using our products, services, website, webapp, pages, features, or any other applications provided by us (collectively the “Platform”), you acknowledge that you have read, accepted without modifications, understood, and agreed to be bound by these Terms of Use in addition to any contract or agreement entered into between yourself and the Company, including any and all Company policies. This includes our privacy policy found at [INSERT URL] (the “Privacy Policy”), and our disclaimers found at [INSERT URL] (the “Disclaimers”), incorporated herein by reference. If you do not accept or agree to these Terms of Use in their entirety, you should not access or use the Platform, register an account on our Platform or use any Company product or service. The Platform is offered and available to users who are 18 years of age or older. By using the Platform, you represent and warrant that you are of the age of majority 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 Platform and must immediately discontinue any use thereof.
These Terms of Use (the “Terms of Use”) constitute a legally binding agreement between you (“you”, “your” or “Visitor”) and Axis Prime, a St. Lucia company limited by shares (D/B/A Evolucion) Nevada limited liability company (“us”, “we”, “Company” or “Evolucion”). These Terms of Use govern your access to and use of our Platform (defined below) available at [INSERT URL] (“Website”), including any of its content and subdomains. Please read these Terms of Use carefully before you start to use the Platform. By accessing or using our products, services, website, webapp, pages, features, or any other applications provided by us (collectively the “Platform”), you acknowledge that you have read, accepted without modifications, understood, and agreed to be bound by these Terms of Use in addition to any contract or agreement entered into between yourself and the Company, including any and all Company policies. This includes our privacy policy found at [INSERT URL] (the “Privacy Policy”), and our disclaimers found at [INSERT URL] (the “Disclaimers”), incorporated herein by reference. If you do not accept or agree to these Terms of Use in their entirety, you should not access or use the Platform, register an account on our Platform or use any Company product or service. The Platform is offered and available to users who are 18 years of age or older. By using the Platform, you represent and warrant that you are of the age of majority 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 Platform and must immediately discontinue any use thereof.
MODIFICATION.
MODIFICATION.
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We reserve the right to modify, supplement, or update these Terms of Use from time to time at our sole and absolute discretion, without prior notice. If we make changes to these Terms of Use, we will post updated Terms of Use here. You can determine when these Terms of Use were last revised by referring to the “Last Updated” legend at the top of these Terms of Use. Your continued use of the Platform following the posting of revised Terms of Use means that you accepted and agreed to the updated Terms of Use. You are expected to check this page from time to time, so you are aware of any changes, as they are binding on you.
We reserve the right to modify, supplement, or update these Terms of Use from time to time at our sole and absolute discretion, without prior notice. If we make changes to these Terms of Use, we will post updated Terms of Use here. You can determine when these Terms of Use were last revised by referring to the “Last Updated” legend at the top of these Terms of Use. Your continued use of the Platform following the posting of revised Terms of Use means that you accepted and agreed to the updated Terms of Use. You are expected to check this page from time to time, so you are aware of any changes, as they are binding on you.
ACCESSING THE PLATFORM.
ACCESSING THE PLATFORM.
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We reserve the right to withdraw or amend this Platform, and any materials we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform to users.
In order to get access to or use our Services, you will need to create an Account and accept these Terms of Use as well as any and all applicable/additional terms and conditions and/or Services specific agreements as we may determine in our sole discretion in order to provide you with the Services. In certain circumstances, you may be required to agree to additional terms and conditions and/or Services specific agreements, for access to and use of certain Services. In the event you are required to enter into specific and applicable terms and conditions and/or Services specific agreements, such terms and conditions and/or Services specific agreements shall apply in addition to these Terms of Use.
Your relationship with the Company is governed by these Terms of Use and said agreements entered into between you and the Company. Should there be any inconsistency or conflict between with these Terms of Use and the Service specific agreements, said Services specific agreements will prevail over these Terms of Use.
We reserve the right to withdraw or amend this Platform, and any materials we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform to users.
In order to get access to or use our Services, you will need to create an Account and accept these Terms of Use as well as any and all applicable/additional terms and conditions and/or Services specific agreements as we may determine in our sole discretion in order to provide you with the Services. In certain circumstances, you may be required to agree to additional terms and conditions and/or Services specific agreements, for access to and use of certain Services. In the event you are required to enter into specific and applicable terms and conditions and/or Services specific agreements, such terms and conditions and/or Services specific agreements shall apply in addition to these Terms of Use.
Your relationship with the Company is governed by these Terms of Use and said agreements entered into between you and the Company. Should there be any inconsistency or conflict between with these Terms of Use and the Service specific agreements, said Services specific agreements will prevail over these Terms of Use.
THIRD-PARTY SERVICES; NO EXECUTION OR CUSTODY.
THIRD-PARTY SERVICES; NO EXECUTION OR CUSTODY.
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Evolucion operates solely as a dashboard and aggregator, allowing you to connect with and access services provided by independent third-party financial service providers (“Third-Party Providers”). You acknowledge and agree that the Company is not a bank, broker-dealer, exchange, custodian, or trading counterparty. The Company does not conduct, execute, or facilitate trades on your behalf, does not hold or custody any of your funds or assets, and does not provide any clearing or settlement services. All trades, transactions, or financial services that you may initiate through the Platform are executed solely by the relevant Third-Party Provider with whom you have a direct relationship, and not by the Company. Any accounts you hold, assets you trade, or funds you transfer in connection with such transactions remain with the Third-Party Provider and are subject to that provider’s terms and conditions, not those of the Company.
You further acknowledge that any products, services, or content you access via the Platform from Third-Party Providers are provided entirely by those third parties, and the Company does not endorse, supervise, or control them. The inclusion of links or access to Third-Party Providers on our Platform does not imply any recommendation or warranty of their services, quality, legality, or suitability. Accordingly, the Company disclaims any and all responsibility or liability for the actions, omissions, or errors of any Third-Party Provider. This includes, without limitation, any failure by a Third-Party Provider to execute or settle a transaction correctly, any service outage or error on their platform, or any mishandling of funds or data by such provider. To the maximum extent permitted by applicable law, you agree that the Company shall not be liable for any loss, damage, or claim arising out of or relating to your dealings with any Third-Party Provider or the performance of their services. Any agreement, transaction, or relationship between you and a Third-Party Provider is solely between you and that provider, and you are responsible for reviewing and complying with the Third-Party Provider’s own terms of use and policies. The Company is not a party to any agreement between you and any
Evolucion operates solely as a dashboard and aggregator, allowing you to connect with and access services provided by independent third-party financial service providers (“Third-Party Providers”). You acknowledge and agree that the Company is not a bank, broker-dealer, exchange, custodian, or trading counterparty. The Company does not conduct, execute, or facilitate trades on your behalf, does not hold or custody any of your funds or assets, and does not provide any clearing or settlement services. All trades, transactions, or financial services that you may initiate through the Platform are executed solely by the relevant Third-Party Provider with whom you have a direct relationship, and not by the Company. Any accounts you hold, assets you trade, or funds you transfer in connection with such transactions remain with the Third-Party Provider and are subject to that provider’s terms and conditions, not those of the Company.
You further acknowledge that any products, services, or content you access via the Platform from Third-Party Providers are provided entirely by those third parties, and the Company does not endorse, supervise, or control them. The inclusion of links or access to Third-Party Providers on our Platform does not imply any recommendation or warranty of their services, quality, legality, or suitability. Accordingly, the Company disclaims any and all responsibility or liability for the actions, omissions, or errors of any Third-Party Provider. This includes, without limitation, any failure by a Third-Party Provider to execute or settle a transaction correctly, any service outage or error on their platform, or any mishandling of funds or data by such provider. To the maximum extent permitted by applicable law, you agree that the Company shall not be liable for any loss, damage, or claim arising out of or relating to your dealings with any Third-Party Provider or the performance of their services. Any agreement, transaction, or relationship between you and a Third-Party Provider is solely between you and that provider, and you are responsible for reviewing and complying with the Third-Party Provider’s own terms of use and policies. The Company is not a party to any agreement between you and any
MARKET DATA AND INFORMATION ACCURACY
MARKET DATA AND INFORMATION ACCURACY
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The Platform may display various market data and other financial or platform information (for example, asset prices, exchange rates, interest rates, news, analytics, or other statistical data) that is obtained from Third-Party Providers or other external sources. While the Company strives to provide timely and accurate information, it does not guarantee the accuracy, currency, completeness, or validity of any data or information displayed on the Platform. Market prices and other data may be indicative only, subject to delays or latency, and may not reflect real-time market conditions. Information on the Platform could become outdated or incorrect at any given moment (for instance, prices may lag behind actual current market prices or be misquoted). You should not rely on the Platform as the sole source of current pricing or market data for making investment decisions, and you acknowledge that you will independently verify critical information through other sources as needed.
The Company hereby disclaims all liability for any inaccurate, delayed, or incomplete information presented on the Platform, including, without limitation, any inaccurate or outdated market data, any mispricing of assets, any latency or interruptions in price feeds, or any other errors or omissions in quoted prices, charts, calculations, or informational content. The Company is not responsible for any trading losses, missed opportunities, or other damages that may result from your reliance on such data or from any discrepancies between the data on the Platform and actual market prices. All information and data on the Platform are provided “as is” for general information purposes only. You agree that any trades, transactions, or decisions you make based on information from the Platform are made at your own risk, and it is your responsibility to use additional means to verify prices and other relevant market information before acting. To the extent permitted by applicable law, the Company shall not be liable for any harm or losses incurred due to your reliance on inaccurate or outdated data or due to any mistakes, technical issues, or reporting delays affecting the information provided through the Platform.
The Platform may display various market data and other financial or platform information (for example, asset prices, exchange rates, interest rates, news, analytics, or other statistical data) that is obtained from Third-Party Providers or other external sources. While the Company strives to provide timely and accurate information, it does not guarantee the accuracy, currency, completeness, or validity of any data or information displayed on the Platform. Market prices and other data may be indicative only, subject to delays or latency, and may not reflect real-time market conditions. Information on the Platform could become outdated or incorrect at any given moment (for instance, prices may lag behind actual current market prices or be misquoted). You should not rely on the Platform as the sole source of current pricing or market data for making investment decisions, and you acknowledge that you will independently verify critical information through other sources as needed.
The Company hereby disclaims all liability for any inaccurate, delayed, or incomplete information presented on the Platform, including, without limitation, any inaccurate or outdated market data, any mispricing of assets, any latency or interruptions in price feeds, or any other errors or omissions in quoted prices, charts, calculations, or informational content. The Company is not responsible for any trading losses, missed opportunities, or other damages that may result from your reliance on such data or from any discrepancies between the data on the Platform and actual market prices. All information and data on the Platform are provided “as is” for general information purposes only. You agree that any trades, transactions, or decisions you make based on information from the Platform are made at your own risk, and it is your responsibility to use additional means to verify prices and other relevant market information before acting. To the extent permitted by applicable law, the Company shall not be liable for any harm or losses incurred due to your reliance on inaccurate or outdated data or due to any mistakes, technical issues, or reporting delays affecting the information provided through the Platform.
RISK WARNING
RISK WARNING
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Trading of any kind involves significant risk and may not be suitable for all investors. The value of any asset may fluctuate significantly and may be affected by various external factors. The volatile and unpredictable fluctuations in market, price, value and availability may result in significant losses, including possible total loss of your investment over a short period of time. It is your responsibility to consider whether buying, selling or holding any type or class of assets is suitable for you in light of your financial circumstances.
Trading activities conducted in certain jurisdictions may be unregulated or subject to limited regulations. Any regulatory changes or actions by any applicable authorities may adversely affect the use, regulatory treatment, transfer, value, exchange, functionality, ability to trade and/or other factors related to the type and class of asset. It is your responsibility to be and remain updated and aware of the regulatory treatment of the types and class of assets you wish to trade or invest in.
We may from time to time publish risk related warnings, disclosures, notifications or statements. Please read any and all such communications carefully on the risks associated with accessing the Platform and/or using our products and services. Any such communication should only be treated as guidance and you understand that any such communications do not explain all of the risks that may arise, or how such risks relate to your own circumstances. For the purposes of clarity, we do not provide financial advice and cannot be held responsible for any financial information made available to you on our Platform to the extent permitted under the applicable laws in the jurisdictions within which we operate and/or provide our Services. You should fully understand all risks involved before accessing the Platform and/or using our products and services.
You expressly acknowledge that your use of the Platform, products and Services are at your own risk, based on your own independent review and assessment of its suitability for you, considering your specific investment objectives, financial situation, risk tolerance, investment experience, knowledge and needs. The Platform is not intended to provide legal, tax, or insurance advice. In general, the information available on the Platform has been prepared without reference to any particular user's personal situation. You are responsible for any loss or liability. We make no recommendations that any type or class of asset should be bought, earned, sold or held. Please conduct your own due diligence and if necessary, consult your financial, tax and other advisers before buying, selling or holding any type or class of asset. The Company takes reasonable measures to provide accuracy of information on the Platform. However, we will not be responsible or liable for any losses you make in relation to the buying, selling or holding of any type or class of assets, including, without limitation, any losses which may arise directly or indirectly from use of or reliance on such information provided by us.
Trading of any kind involves significant risk and may not be suitable for all investors. The value of any asset may fluctuate significantly and may be affected by various external factors. The volatile and unpredictable fluctuations in market, price, value and availability may result in significant losses, including possible total loss of your investment over a short period of time. It is your responsibility to consider whether buying, selling or holding any type or class of assets is suitable for you in light of your financial circumstances.
Trading activities conducted in certain jurisdictions may be unregulated or subject to limited regulations. Any regulatory changes or actions by any applicable authorities may adversely affect the use, regulatory treatment, transfer, value, exchange, functionality, ability to trade and/or other factors related to the type and class of asset. It is your responsibility to be and remain updated and aware of the regulatory treatment of the types and class of assets you wish to trade or invest in.
We may from time to time publish risk related warnings, disclosures, notifications or statements. Please read any and all such communications carefully on the risks associated with accessing the Platform and/or using our products and services. Any such communication should only be treated as guidance and you understand that any such communications do not explain all of the risks that may arise, or how such risks relate to your own circumstances. For the purposes of clarity, we do not provide financial advice and cannot be held responsible for any financial information made available to you on our Platform to the extent permitted under the applicable laws in the jurisdictions within which we operate and/or provide our Services. You should fully understand all risks involved before accessing the Platform and/or using our products and services.
You expressly acknowledge that your use of the Platform, products and Services are at your own risk, based on your own independent review and assessment of its suitability for you, considering your specific investment objectives, financial situation, risk tolerance, investment experience, knowledge and needs. The Platform is not intended to provide legal, tax, or insurance advice. In general, the information available on the Platform has been prepared without reference to any particular user's personal situation. You are responsible for any loss or liability. We make no recommendations that any type or class of asset should be bought, earned, sold or held. Please conduct your own due diligence and if necessary, consult your financial, tax and other advisers before buying, selling or holding any type or class of asset. The Company takes reasonable measures to provide accuracy of information on the Platform. However, we will not be responsible or liable for any losses you make in relation to the buying, selling or holding of any type or class of assets, including, without limitation, any losses which may arise directly or indirectly from use of or reliance on such information provided by us.
Definitions
Definitions
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In these Terms of Use, unless context otherwise requires, the following words and expressions shall have the following meanings respectively ascribed to them:
In these Terms of Use, unless context otherwise requires, the following words and expressions shall have the following meanings respectively ascribed to them:
Account: Any accounts which the Company maintains for you.
Account Credentials: Your account details, username, passwords, personal identification numbers, or any other codes or forms of authentication that you use to access your Account or the Services.
Affiliates: Any person, entity or company directly or indirectly, controlling, controlled by or under direct or indirect common control with another person, entity or company.
Applicable Law: All relevant or applicable statutes, laws, principles of equity, rules, regulations, regulatory principles and requirements, notices, orders, writs, injunctions, judgments, by-laws, rulings, directives, proclamations, circulars, mandatory codes of conduct, guidelines, practice notes and interpretations issued by any governmental or regulatory authority, that are applicable to the provision, receipt or use of the Services, or any other products or deliverables provided, used or received in connection with the Services, these Terms of Use, or other applicable terms and conditions.
Authorized Person: Any person identified by you and communicated to us, that is authorized to act on a user's behalf with respect to any Corporate Account.
Instruction: Any instruction, request, or order given to the Company by you or an Authorized Person in relation to the operation of your Account or to execute any Transaction, through such medium and in such form and manner as the Company may require.
Services: The trading products and services the Company makes available to you through the Platform
Restricted Person: A person or entity who is included in any trade embargoes or economic sanctions, terrorist or corrupt foreign officials list (such as the United Nations Security Council Sanctions List, the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury (OFAC), the denied persons or entity list of the U.S. Department of Commerce, or by the United Kingdom, the European Union, Canada), or a person who is located, a citizen of, or a resident of a Prohibited Country.
Transaction: The selling, purchasing, trading or entering into any other type of transaction, or agreeing to sell, trade, purchase or enter into any other type of transaction involving assets as the Company may from time-to-time permit to be carried out on the Platform.
Account: Any accounts which the Company maintains for you.
Account Credentials: Your account details, username, passwords, personal identification numbers, or any other codes or forms of authentication that you use to access your Account or the Services.
Affiliates: Any person, entity or company directly or indirectly, controlling, controlled by or under direct or indirect common control with another person, entity or company.
Applicable Law: All relevant or applicable statutes, laws, principles of equity, rules, regulations, regulatory principles and requirements, notices, orders, writs, injunctions, judgments, by-laws, rulings, directives, proclamations, circulars, mandatory codes of conduct, guidelines, practice notes and interpretations issued by any governmental or regulatory authority, that are applicable to the provision, receipt or use of the Services, or any other products or deliverables provided, used or received in connection with the Services, these Terms of Use, or other applicable terms and conditions.
Authorized Person: Any person identified by you and communicated to us, that is authorized to act on a user's behalf with respect to any Corporate Account.
Instruction: Any instruction, request, or order given to the Company by you or an Authorized Person in relation to the operation of your Account or to execute any Transaction, through such medium and in such form and manner as the Company may require.
Services: The trading products and services the Company makes available to you through the Platform
Restricted Person: A person or entity who is included in any trade embargoes or economic sanctions, terrorist or corrupt foreign officials list (such as the United Nations Security Council Sanctions List, the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury (OFAC), the denied persons or entity list of the U.S. Department of Commerce, or by the United Kingdom, the European Union, Canada), or a person who is located, a citizen of, or a resident of a Prohibited Country.
Transaction: The selling, purchasing, trading or entering into any other type of transaction, or agreeing to sell, trade, purchase or enter into any other type of transaction involving assets as the Company may from time-to-time permit to be carried out on the Platform.
Eligibility and Acceptable Use
Eligibility and Acceptable Use
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You must meet the following eligibility criteria to use the Platform and/or services. You must register with the Platform before you use the Services. You are eligible to register for an Account and use the Services if you:
You must meet the following eligibility criteria to use the Platform and/or services. You must register with the Platform before you use the Services. You are eligible to register for an Account and use the Services if you:
Are an individual, corporation, or other organization with full power and capacity to access and use the Services and enter into and comply with your obligations under these Terms of Use;
Are at least 18 years old if you are an individual;
Act as an employee or agent of a legal entity, and enter into these Terms of Use on their behalf, you must be duly authorized to act on behalf of and bind such legal entity for the purposes of entering into these Terms of Use;
Have not been previously suspended or removed from using Services;
Do not currently have an existing Account;
Are not accessing the Services in a jurisdiction where such Services are not permitted, restricted or illegal;
Are not prohibited, restricted, unauthorized or ineligible to use the Services in any form or by any means (in whole or in part) as a result of these Terms, legal or any other regulatory requirements;
Are not a Restricted Person; or
Have sufficient knowledge and expertise
Are an individual, corporation, or other organization with full power and capacity to access and use the Services and enter into and comply with your obligations under these Terms of Use;
Are at least 18 years old if you are an individual;
Act as an employee or agent of a legal entity, and enter into these Terms of Use on their behalf, you must be duly authorized to act on behalf of and bind such legal entity for the purposes of entering into these Terms of Use;
Have not been previously suspended or removed from using Services;
Do not currently have an existing Account;
Are not accessing the Services in a jurisdiction where such Services are not permitted, restricted or illegal;
Are not prohibited, restricted, unauthorized or ineligible to use the Services in any form or by any means (in whole or in part) as a result of these Terms, legal or any other regulatory requirements;
Are not a Restricted Person; or
Have sufficient knowledge and expertise
The Company may not make its Services available in all markets and jurisdictions and may restrict or prohibit use of the Services in certain jurisdictions. You agree that you will not use our Services, if any applicable laws in your country prohibit you from doing so in accordance with these Terms of Use. Nothing on the Platform shall be considered a solicitation to buy or an offer to sell any type or class of asset or any other product or service, to any person who is in any jurisdiction where such offer, solicitation, purchase, sale or provision thereof would be unlawful under the laws of such jurisdiction.
If You are a US person, you should visit our [INSERT URL] where you will be directed to appropriate part of the Platform, where our Services are designed specifically for US persons.
The Company may not make its Services available in all markets and jurisdictions and may restrict or prohibit use of the Services in certain jurisdictions. You agree that you will not use our Services, if any applicable laws in your country prohibit you from doing so in accordance with these Terms of Use. Nothing on the Platform shall be considered a solicitation to buy or an offer to sell any type or class of asset or any other product or service, to any person who is in any jurisdiction where such offer, solicitation, purchase, sale or provision thereof would be unlawful under the laws of such jurisdiction.
If You are a US person, you should visit our [INSERT URL] where you will be directed to appropriate part of the Platform, where our Services are designed specifically for US persons.
ABOUT YOUR ACCOUNT
ABOUT YOUR ACCOUNT
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This may be an Account for an individual user, or a Corporate Account for a corporation, entity or other organization. All Accounts are provided at our sole and absolute discretion. The Company may, in its sole discretion, refuse or limit the number of Accounts that you may open, hold and maintain.
If you are an individual user, you will use your Account only for yourself, and not on behalf of any third party. If you are a corporate user, the Authorized Person(s) will use the Account only for your benefit, and not on behalf of any third party.
You will not offer direct market access to the Platform to any other party, including through the use of a sub-account. Any other party so verified shall be considered an Authorized Person. You agree to take full responsibility for all activities in your Account and bear all the risks and possible losses that may arise hereunder. For the avoidance of doubt, if you are an individual user, you may not hold more than one Account.
You will need to comply with all of our identity verification procedures, including our know your customer, and/or any enhanced verification process that may be required under law, before opening an Account with us. We may also require you to provide us with certain information about yourself, and, where relevant, all of the Authorized Persons for you to access and use the Services. You agree that:
This may be an Account for an individual user, or a Corporate Account for a corporation, entity or other organization. All Accounts are provided at our sole and absolute discretion. The Company may, in its sole discretion, refuse or limit the number of Accounts that you may open, hold and maintain.
If you are an individual user, you will use your Account only for yourself, and not on behalf of any third party. If you are a corporate user, the Authorized Person(s) will use the Account only for your benefit, and not on behalf of any third party.
You will not offer direct market access to the Platform to any other party, including through the use of a sub-account. Any other party so verified shall be considered an Authorized Person. You agree to take full responsibility for all activities in your Account and bear all the risks and possible losses that may arise hereunder. For the avoidance of doubt, if you are an individual user, you may not hold more than one Account.
You will need to comply with all of our identity verification procedures, including our know your customer, and/or any enhanced verification process that may be required under law, before opening an Account with us. We may also require you to provide us with certain information about yourself, and, where relevant, all of the Authorized Persons for you to access and use the Services. You agree that:
All information that you provide must be complete, accurate and truthful. You must update this information whenever there are changes.
You authorize us to make inquiries that we consider necessary to verify your identity, and/or that of the Authorized Person(s), or protect you and/or us against fraud, money laundering, terrorist financing or other financial crime or for any other valid reason, and to take any action we deem necessary based on results of such inquiries as well as allow us to keep a record of the information for the lifetime of your Account as long as it is required to fulfil their intended purposes, or such other period as prescribed by Applicable Law.
We may also require you to comply with our enhanced due diligence procedures by submitting additional information about yourself, your business or your Authorized Persons, providing additional records or documentation, or having in-person meetings with our representatives.
All information that you provide must be complete, accurate and truthful. You must update this information whenever there are changes.
You authorize us to make inquiries that we consider necessary to verify your identity, and/or that of the Authorized Person(s), or protect you and/or us against fraud, money laundering, terrorist financing or other financial crime or for any other valid reason, and to take any action we deem necessary based on results of such inquiries as well as allow us to keep a record of the information for the lifetime of your Account as long as it is required to fulfil their intended purposes, or such other period as prescribed by Applicable Law.
We may also require you to comply with our enhanced due diligence procedures by submitting additional information about yourself, your business or your Authorized Persons, providing additional records or documentation, or having in-person meetings with our representatives.
Account Safety and Maintenance
Account Safety and Maintenance
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Account Safety and Maintenance When you create an Account on the Platform, you agree to:
Account Safety and Maintenance When you create an Account on the Platform, you agree to:
Create a strong password that you do not use for any other website or online service;Are at least 18 years old if you are an individual;
Provide accurate and truthful information;
Maintain and promptly update your Account information;
Maintain the security of your Account by protecting your password and restricting access to your Account;
Promptly notify us if you discover or otherwise suspect any security breaches related to your Account; and
Take responsibility for all activities that occur under your Account and accept all risks of any authorized or unauthorized access to your Account.
Create a strong password that you do not use for any other website or online service;Are at least 18 years old if you are an individual;
Provide accurate and truthful information;
Maintain and promptly update your Account information;
Maintain the security of your Account by protecting your password and restricting access to your Account;
Promptly notify us if you discover or otherwise suspect any security breaches related to your Account; and
Take responsibility for all activities that occur under your Account and accept all risks of any authorized or unauthorized access to your Account.
Your access to your Account, classification or categorization of your Account (as determined by us in our sole discretion) and your use of the Services may be altered on an ongoing basis, as a result of information collected about you. If there is a reasonable suspicion that any information provided by you is wrong, untruthful, outdated, or incomplete, we may send you a notice to request corrections, remove relevant information, or do such other things that we consider necessary to ensure that the information provided is true and correct.
You must comply with any information request we send to you. If you decline to provide the requested information, or otherwise do not comply in a timely manner, we reserve the right to suspend or terminate your access to your Account, or to all or part of the Services immediately, without notice.
You must ensure that any Account registered under your name will not be used by any person other than yourself or, if you are a corporate user, you are an Authorized Person.
Your access to your Account, classification or categorization of your Account (as determined by us in our sole discretion) and your use of the Services may be altered on an ongoing basis, as a result of information collected about you. If there is a reasonable suspicion that any information provided by you is wrong, untruthful, outdated, or incomplete, we may send you a notice to request corrections, remove relevant information, or do such other things that we consider necessary to ensure that the information provided is true and correct.
You must comply with any information request we send to you. If you decline to provide the requested information, or otherwise do not comply in a timely manner, we reserve the right to suspend or terminate your access to your Account, or to all or part of the Services immediately, without notice.
You must ensure that any Account registered under your name will not be used by any person other than yourself or, if you are a corporate user, you are an Authorized Person.
Closing Your Account
Closing Your Account
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You may terminate your Account at any time by following the account termination procedures as prescribed by us from time to time. You will be required to pay any outstanding amounts owed to us. You authorize us to cancel or suspend any pending transactions at the time of cancellation, and to deduct any outstanding amounts that you owe us from your Account.
You may not be able to close your Account, in situations where:
You may terminate your Account at any time by following the account termination procedures as prescribed by us from time to time. You will be required to pay any outstanding amounts owed to us. You authorize us to cancel or suspend any pending transactions at the time of cancellation, and to deduct any outstanding amounts that you owe us from your Account.
You may not be able to close your Account, in situations where:
you are trying to evade an investigation by relevant authorities;
you have a pending Transaction or an outstanding claim;Act as an employee or agent of a legal entity, and enter into these Terms of Use on their behalf, you must be duly authorized to act on behalf of and bind such legal entity for the purposes of entering into these Terms of Use;
your Account has any outstanding amounts owed to us;
your Account is subject to a freeze, hold, limitation or reserve;
other reasons at our sole discretion.
you are trying to evade an investigation by relevant authorities;
you have a pending Transaction or an outstanding claim;Act as an employee or agent of a legal entity, and enter into these Terms of Use on their behalf, you must be duly authorized to act on behalf of and bind such legal entity for the purposes of entering into these Terms of Use;
your Account has any outstanding amounts owed to us;
your Account is subject to a freeze, hold, limitation or reserve;
other reasons at our sole discretion.
INTELLECTUAL PROPERTY RIGHTS
INTELLECTUAL PROPERTY RIGHTS
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The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, inventions, discoveries, processes, methods, compositions, formulae, techniques, information, source code, brand names, graphics, user interface design, text, logos, images, selection and arrangement thereof) are owned by the Company or its licensors, whether or not protected by any copyright, trademark, service mark, trade secret, and other intellectual property or proprietary rights, and whether or not patentable, copyrightable or protectable in trademark, and any trademarks, copyrights, or patents based thereon (the “Intellectual Property Rights”).
Unless otherwise expressly stated, the Company retains any and all rights, title, and interest in and to the Platform (including, without limitation, all Intellectual Property Rights), including all copies, modifications, extensions, and derivative works thereof.
These Terms of Use shall not be understood and interpreted in a way that they would mean the assignment or licensing of the Intellectual Property Rights unless it is explicitly defined so in these Terms of Use. You may not use any of the Intellectual Property Rights for any reason, except with our express, prior, written consent.
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 Platform either published or made available by us or by any third party or any user, except as follows:
The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, inventions, discoveries, processes, methods, compositions, formulae, techniques, information, source code, brand names, graphics, user interface design, text, logos, images, selection and arrangement thereof) are owned by the Company or its licensors, whether or not protected by any copyright, trademark, service mark, trade secret, and other intellectual property or proprietary rights, and whether or not patentable, copyrightable or protectable in trademark, and any trademarks, copyrights, or patents based thereon (the “Intellectual Property Rights”).
Unless otherwise expressly stated, the Company retains any and all rights, title, and interest in and to the Platform (including, without limitation, all Intellectual Property Rights), including all copies, modifications, extensions, and derivative works thereof.
These Terms of Use shall not be understood and interpreted in a way that they would mean the assignment or licensing of the Intellectual Property Rights unless it is explicitly defined so in these Terms of Use. You may not use any of the Intellectual Property Rights for any reason, except with our express, prior, written consent.
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 Platform either published or made available by us or by any third party or any user, 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.
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.
You may not:
i.Modify copies of any materials from this Platform.
ii.Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Platform.
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.
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.
You may not:
i.Modify copies of any materials from this Platform.
ii.Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Platform.
If you print, copy, modify, download, otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will stop 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 Platform or any content on the Platform is transferred to you, and your right to use the Platform is limited to the rights expressly granted in these Terms of Use, and all rights not expressly granted are reserved and retained by the Company. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
If you print, copy, modify, download, otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will stop 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 Platform or any content on the Platform is transferred to you, and your right to use the Platform is limited to the rights expressly granted in these Terms of Use, and all rights not expressly granted are reserved and retained by the Company. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
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The Platform may contain names of services and products, logos, trademarks, and other marks which are owned by applicable third-party right holders. Unless otherwise explicitly prescribed in these Terms of Use, you do not receive any rights, title, license or interest in or to such names, logos, trademarks, and other marks, and we, and respective right holders prohibit any use of such names, logos, trademarks, and other marks at any time. You may not obscure, remove or alter any marks or notices displayed on the Platform.
The Platform may contain names of services and products, logos, trademarks, and other marks which are owned by applicable third-party right holders. Unless otherwise explicitly prescribed in these Terms of Use, you do not receive any rights, title, license or interest in or to such names, logos, trademarks, and other marks, and we, and respective right holders prohibit any use of such names, logos, trademarks, and other marks at any time. You may not obscure, remove or alter any marks or notices displayed on the Platform.
PROHIBITED USE.
PROHIBITED USE.
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You may use the Platform only for lawful purposes and in accordance with these Terms of Use. Without limiting the generality of the foregoing, you agree that you will not, you acknowledge and agree that you will not:
You may use the Platform only for lawful purposes and in accordance with these Terms of Use. Without limiting the generality of the foregoing, you agree that you will not, you acknowledge and agree that you will not:
In any way that violates any applicable federal, state, local, or international law or regulations.
Breach these Terms of Use or any agreement entered into pursuant to, or in connection with, these Terms of Use, including, but not limited to, provision of any of the Services.
Use our Platform or Services for resale or commercial purposes, including transactions on behalf of other persons or entities.
Use our Platform or Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner.
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 transmit, or procure the sending of, any advertising or promotional material, including any junk mail, chain letter, spam, or any other similar solicitation.
To impersonate or attempt to impersonate a Company employee, director, officer or partner, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform, or expose them to liability.
Use our Platform or Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities; or other illegal activities.
In any way that violates any applicable federal, state, local, or international law or regulations.
Breach these Terms of Use or any agreement entered into pursuant to, or in connection with, these Terms of Use, including, but not limited to, provision of any of the Services.
Use our Platform or Services for resale or commercial purposes, including transactions on behalf of other persons or entities.
Use our Platform or Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner.
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 transmit, or procure the sending of, any advertising or promotional material, including any junk mail, chain letter, spam, or any other similar solicitation.
To impersonate or attempt to impersonate a Company employee, director, officer or partner, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform, or expose them to liability.
Use our Platform or Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities; or other illegal activities.
Additionally, you agree not to:
Additionally, you agree not to:
Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Platform, or otherwise attempt to discover any source code, or allow any third party to do so.
Use any device, software, or routine that interferes with the proper working of the Platform.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database, connected to the Platform.
Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise, to attempt to interfere with the proper working of the Platform.
Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Platform, or otherwise attempt to discover any source code, or allow any third party to do so.
Use any device, software, or routine that interferes with the proper working of the Platform.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database, connected to the Platform.
Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise, to attempt to interfere with the proper working of the Platform.
RELIANCE ON INFORMATION POSTED.
RELIANCE ON INFORMATION POSTED.
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The information presented on or through the Platform 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 Platform, or by anyone who may be informed of any of its contents.
The Platform 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 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 parties.
The information presented on or through the Platform 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 Platform, or by anyone who may be informed of any of its contents.
The Platform 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 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 parties.
CHANGES TO THE PLATFORM.
CHANGES TO THE PLATFORM.
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We may update the content on the Platform from time to time, but its content is not necessarily complete or up to date. Any of the materials on the Platform may be out of date at any given time, and we are under no obligation to update such material.
We may update the content on the Platform from time to time, but its content is not necessarily complete or up to date. Any of the materials on the Platform may be out of date at any given time, and we are under no obligation to update such material.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE PLATFORM.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE PLATFORM.
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All information we collect on the Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
All information we collect on the Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
LINKS FROM THE PLATFORM.
LINKS FROM THE PLATFORM.
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If the Platform 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, 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 Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
If the Platform 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, 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 Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
DISCLAIMER OF WARRANTIES
DISCLAIMER OF WARRANTIES
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You understand that we cannot and do not guarantee or warrant that files available for downloading from the Platform 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 Platform for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERIVE 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 PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.
YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM 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 PLATFORM. WITHOUT LIMITING THE FOREGOING. NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, 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 A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Platform 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 Platform for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERIVE 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 PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.
YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM 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 PLATFORM. WITHOUT LIMITING THE FOREGOING. NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, 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 A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
LIMITATION OF LIABILITY.
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TO THE FULLEST EXTENT PROVIDED BY LAW, 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 PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, 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 PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNIFICATION.
INDEMNIFICATION.
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You agree, to the fullest extent permitted by applicable law, to defend, indemnify and hold us, our past, present, and future affiliates, officers, directors, employees, suppliers, consultants, and agents or any other connected persons (collectively “Indemnified Parties”, and each such person or entity individually, “Indemnified Party”) harmless from any and all third party claims, damages, losses, liabilities, obligations, penalties, interest, fees, expenses and costs (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance) of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise, (collectively, “Claims”), that arise directly or indirectly out of: (a) your access to and use or misuse of the Platform; (b) violation, breach or alleged breach of these Terms of Use, applicable terms and conditions or applicable laws, rules, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities, or regulations by you; (c) infringement of any intellectual property or other right of any person or entity by you; (d) your use of or reliance upon any content uploaded either by us or by any third party; (e) your violation of the rights or obligations of any third party, including any intellectual property right, publicity, confidentiality, property, or privacy right; or (f) your negligence or willful misconduct.
You agree that your use of the Platform shall follow all applicable laws, regulations, and guidelines.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree to promptly notify us of any Claims and cooperate with our defense of any Claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree, to the fullest extent permitted by applicable law, to defend, indemnify and hold us, our past, present, and future affiliates, officers, directors, employees, suppliers, consultants, and agents or any other connected persons (collectively “Indemnified Parties”, and each such person or entity individually, “Indemnified Party”) harmless from any and all third party claims, damages, losses, liabilities, obligations, penalties, interest, fees, expenses and costs (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance) of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise, (collectively, “Claims”), that arise directly or indirectly out of: (a) your access to and use or misuse of the Platform; (b) violation, breach or alleged breach of these Terms of Use, applicable terms and conditions or applicable laws, rules, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities, or regulations by you; (c) infringement of any intellectual property or other right of any person or entity by you; (d) your use of or reliance upon any content uploaded either by us or by any third party; (e) your violation of the rights or obligations of any third party, including any intellectual property right, publicity, confidentiality, property, or privacy right; or (f) your negligence or willful misconduct.
You agree that your use of the Platform shall follow all applicable laws, regulations, and guidelines.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree to promptly notify us of any Claims and cooperate with our defense of any Claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
TERMINATION.
TERMINATION.
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We may terminate or suspend your access to the Platform at any time, without notice and for any reason, including, without limitation, if you breach these Terms of Use or any applicable laws and regulations.
We may terminate or suspend your access to the Platform at any time, without notice and for any reason, including, without limitation, if you breach these Terms of Use or any applicable laws and regulations.
GOVERNING LAW AND DISPUTE RESOLUTION.
GOVERNING LAW AND DISPUTE RESOLUTION.
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All matters relating to the Platform 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 laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule.
Any disputes arising out of or in connection with the Platform, these Terms of Use, or any matters contemplated herein, including any question regarding the existence, validity, or termination of these Terms of Use, shall be exclusively and finally resolved by the courts of the State of Nevada and you waive any objection to proceedings in such courts on the grounds that the proceedings have been brought in the wrong or inconvenient forum.
YOU EXPLICITLY AGREE THAT NO CLASS ACTION OR REPRESENTATIVE PROCEEDING SHALL BE UNDERTAKEN IN CONNECTION WITH ANY DISPUTES. YOU COMMIT TO RESOLVING ANY DISPUTE SOLELY ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PARTICIPATE IN OR INITIATE A CLASS-WIDE OR REPRESENTATIVE ACTION.
We retain the right to bring any urgent suit, action or proceeding against you for any actual or threatened breach of these Terms of Use in your place or country of residence or any other relevant country if we determine in our sole discretion that this is required to seek urgent injunctive relief of any actual or threatened breach of these Terms of Use by you. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue in such courts.
All matters relating to the Platform 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 laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule.
Any disputes arising out of or in connection with the Platform, these Terms of Use, or any matters contemplated herein, including any question regarding the existence, validity, or termination of these Terms of Use, shall be exclusively and finally resolved by the courts of the State of Nevada and you waive any objection to proceedings in such courts on the grounds that the proceedings have been brought in the wrong or inconvenient forum.
YOU EXPLICITLY AGREE THAT NO CLASS ACTION OR REPRESENTATIVE PROCEEDING SHALL BE UNDERTAKEN IN CONNECTION WITH ANY DISPUTES. YOU COMMIT TO RESOLVING ANY DISPUTE SOLELY ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PARTICIPATE IN OR INITIATE A CLASS-WIDE OR REPRESENTATIVE ACTION.
We retain the right to bring any urgent suit, action or proceeding against you for any actual or threatened breach of these Terms of Use in your place or country of residence or any other relevant country if we determine in our sole discretion that this is required to seek urgent injunctive relief of any actual or threatened breach of these Terms of Use by you. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue in such courts.
WAIVER & SEVERABILITY.
WAIVER & SEVERABILITY.
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No failure or delay by us to exercise any right or remedy provided under these Terms of Use or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
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.
No failure or delay by us to exercise any right or remedy provided under these Terms of Use or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
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.
ASSIGNMENT.
ASSIGNMENT.
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You may not assign or transfer any right or obligation related to the use of the Platform or any part of these Terms of Use without our prior written consent. We may assign or transfer any or all of our rights or obligations under these Terms of Use, in whole or in part, without notice or obtaining your consent or approval.
You may not assign or transfer any right or obligation related to the use of the Platform or any part of these Terms of Use without our prior written consent. We may assign or transfer any or all of our rights or obligations under these Terms of Use, in whole or in part, without notice or obtaining your consent or approval.
SURVIVAL AND ENTIRE AGREEMENT
SURVIVAL AND ENTIRE AGREEMENT
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All clauses of these Terms of Use, which by their nature extend beyond the expiration or termination of these Terms of Use, will continue to be binding after such termination or expiration.
Unless expressly stated otherwise, these Terms of Use, our Privacy Policy, and our Disclaimers constitute the sole and entire agreement between you and us regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.
All clauses of these Terms of Use, which by their nature extend beyond the expiration or termination of these Terms of Use, will continue to be binding after such termination or expiration.
Unless expressly stated otherwise, these Terms of Use, our Privacy Policy, and our Disclaimers constitute the sole and entire agreement between you and us regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.
PRIVACY POLICY.
PRIVACY POLICY.
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Please review our Privacy Policy, available at [Here] By using the Platform, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.
Please review our Privacy Policy, available at [Here] By using the Platform, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.
DISCLAIMERS.
DISCLAIMERS.
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Please review our Disclaimers, available at [Here] By using the Platform, you agree to be bound by our Disclaimers, which are incorporated into these Terms of Use.
Please review our Disclaimers, available at [Here] By using the Platform, you agree to be bound by our Disclaimers, which are incorporated into these Terms of Use.
COMMUNICATION AND NOTICES
COMMUNICATION AND NOTICES
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Consent to Electronic Delivery. You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, "Communications") that the Company provides in connection with your Account and/or use of the Services. You agree that the Company may provide these Communications to you by posting them via the Platform or through our Services, by emailing them to you at the email address you provide, and/or by sending an SMS or text message to a mobile phone number that you provide (collectively “Customer Contact Information”).
It is your responsibility to keep your Customer Contact Information up to date. If your Customer Contact Information becomes invalid such that Communications sent to you are returned or fail to be delivered, the Company may deem your account to be inactive, and you may not be able to complete any transaction via our Services until we receive a current, valid, accurate and up to date Customer Contact Information.
For any questions, complaints or other communications with the Company relating to these Terms of Use, our Privacy Policy, or Disclaimers please contact us by sending an email to the following email address [INSERT URL].
Consent to Electronic Delivery. You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, "Communications") that the Company provides in connection with your Account and/or use of the Services. You agree that the Company may provide these Communications to you by posting them via the Platform or through our Services, by emailing them to you at the email address you provide, and/or by sending an SMS or text message to a mobile phone number that you provide (collectively “Customer Contact Information”).
It is your responsibility to keep your Customer Contact Information up to date. If your Customer Contact Information becomes invalid such that Communications sent to you are returned or fail to be delivered, the Company may deem your account to be inactive, and you may not be able to complete any transaction via our Services until we receive a current, valid, accurate and up to date Customer Contact Information.
For any questions, complaints or other communications with the Company relating to these Terms of Use, our Privacy Policy, or Disclaimers please contact us by sending an email to the following email address [INSERT URL].