By using the Open Exodus website and the collection of features, tools, technology, and software operated or offered (collectively the “Site”), you agree to these Terms of Use.
IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT USE THE SITE.
1. Content
“User Information” as used in these Terms of Use means, collectively, the information and other content that users post, upload, submit, provide, approve of, or otherwise make available to the Open Exodus site. This user Information includes personal information such as name, address, employer, and email address, as well as any other information gathered from Users and Clients through the Site. “Content” as used in these Terms of Use means, collectively, all content on or made available through the Open Exodus Site that is not User Information, including but not limited to text, performance charts, investment portfolios, investment plans, recommendations, projections, any information identifying or describing asset managers or funds, and stock quotes. Open Exodus reserves the right to remove and permanently delete any Content or User Information from the Site without notice.
2. Eligibility
The Site is intended solely for persons ages 18 years or older. By accessing or using the Site, you represent and warrant that you are 18 or older. Any access to or use of the Site by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use. We reserve the right to refuse eligibility to any person or persons without cause.
3. Proper Use
Open Exodus reserves the right to monitor your usage of the Site and content and to investigate suspicious activity. In its sole discretion, we may take any action deems necessary, including but not limited to terminating the Account of any user that the company determine has acted unethically or illegally or otherwise has violated these Terms of Use.4. Restrictions
By accessing the Site, you agree not to engage in any of the following:
Circumvent, disable, or otherwise interfere with security-related features of the Site or features preventing or restricting use or copying of any Content or User Information, make available any User Information that includes code that is hidden or otherwise surreptitiously contained within the User Information, Collect or store personal data about other Users, Attempt to probe, scan, or test the vulnerability of any Open Exodus system or network or breach or impair or circumvent any security or authentication measures protecting the Site.
Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or commit fraud, solicit any user for any investment or other commercial or promotional transaction, violate any applicable law, regulation, or ordinance, Use the Site or content thereon in any manner not permitted by these Terms of Use.
5. Confidentiality of Information
The Company has taken reasonable steps to ensure the confidentiality of information gathered through the Site and transmitted via the Internet.
6. Secured Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized persons attempting to access these areas of the website may be subject to prosecution.
7. Copyright and Other Intellectual Property
The company maintains the Site, and is the owner or the authorized user of all text, images, graphics, photos, animation, and other materials contained within the Site. The materials contained within the Site, including, without limitation, any copyrights, trademarks, service marks, and all other proprietary materials, are protected by the U.S. and international copyright laws and treaty provisions, trademarks laws, and other proprietary rights laws.
The material contained within the Site is provided by Open Exodus only for lawful uses by customers, the company's employees and members of the general public. The material may not be copied, republished, incorporated into another website or reproduced (whether by linking, framing, or any other method), transmitted, distributed, uploaded, posted, used to create a derivative work or exploited in any other way without the express written consent of the company.
8. User Information
“User Information” as used in these Terms of Use means, collectively, the information and other content that users post, upload, submit, provide, approve of, or otherwise make available to the Site. User Information specifically includes personal information such as name, address, employer, likeness and email address, as well as any other information programmatically available to the Site. “Content” as used in these Terms of Use means, collectively, all content on or made available through the Site that is not User Information, including but not limited to text, data, reports, analyses, performance charts, investment portfolios, investment plans, recommendations, projections, any information identifying or describing asset managers or funds, and stock quotes. The company reserves the right to remove and permanently delete any Content or User Information from the Site without notice.
a. License Grant
The company does not claim ownership rights in your User Information. However, by uploading, submitting, emailing, posting, publishing, providing, approving, sharing or otherwise making available any User Information within the Site, you hereby grant The company a nonexclusive, worldwide, royalty-free, sublicensable, perpetual, and irrevocable right and license to use, store, modify, adapt, and prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast such User Information in any form, medium, or technology now known or later developed, including without limitation on the Site (including areas of the Site different from the area of the Site to which you provided the User Information), and on third-party websites through which you access the Site or parts thereof. In addition, you warrant that all moral rights in any User Information have been waived, and you do hereby waive any such moral rights. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the foregoing licenses to Open Exodus. Open Exodus shall own all right, title and interest in and to all derivative works and compilations of User Information that are created by Open Exodus, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by Open Exodus to give to Open Exodus the full benefit of the rights granted to Open Exodus by you.
b. Limitations
You acknowledge and agree that Open Exodus may, at its option, establish limits concerning User Information, including without limitation the maximum number of days that User Information will remain on Site, the maximum size of any files that may be stored on or uploaded to the Site, and the maximum disk space that will be allotted to you for the storage of User Information. Open Exodus shall have no responsibility or liability and you are solely responsible for creating back-ups of your User Information.
10. Links
Clicking on certain links within the Site or certain other websites that are linked to the Website may take you to other websites, or may display information on your computer screen from other websites, which may not be maintained by Open Exodus. Such websites may contain Terms of Use, privacy provisions, confidentiality provisions, or other provisions that differ from the Terms of Use applicable to the Site. Links to other Internet services and websites are provided solely for the convenience of users. A link to any service or website is not an endorsement of any kind of the service or website, its content, or its sponsoring organization.
Open Exodus assumes no responsibility or liability whatsoever for the content, accuracy, reliability or opinions expressed in a website, to which the website is linked (a “linked website”) and such linked websites are not monitored, investigated, or checked for accuracy or completeness by Open Exodus. It is your responsibility to evaluate the accuracy, reliability, timeliness and completeness of any information available on a linked website. All products, services and content obtained from a linked website are provided “as is” without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy.
11. Limited Liability
Neither Open Exodus nor any other party involved in the creation, production or delivery of the information at the Site, nor the officers, directors, employees or representatives of Open Exodus, are liable in any way for any indirect, special, punitive, consequential, or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the Site or the use of the Site or with the delay or inability to use the Site, whether or not Open Exodus is made aware of the possibility of such damages. This limitation includes, but is not limited to, the transmission of any viruses, data or harmful code that may affect your equipment or anyone else’s equipment, any incompatibility between the Site’s files and your browser or other Site accessing program, or any failure of any electronic or telephone equipment, communication or connection lines, unauthorized access, theft, operator errors, or any force majeure. Open Exodus does not guarantee continuous, uninterrupted or secure access to the Site. The information, software, products and description of services published on the Site may include inaccuracies or typographical errors, and Open Exodus specifically disclaims any liability for such inaccuracies or errors. Changes are periodically made to the information on the Site. Open Exodus may make improvements or changes to the Site at any time.
12. No Warranties
All products, services and content on the Site are provided “as is” without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy. Open Exodus does not endorse and is not responsible for the accuracy or reliability of any information on the Site. It is your responsibility to evaluate the accuracy, reliability, timeliness and completeness of any information available on the Site. Open Exodus specifically disclaims any duty to update the information on the Site.
13. No Indemnification
You agree to indemnify, defend, and hold Open Exodus harmless from any liability, loss, claim and expense, including attorney’s fees related to your violation of these terms of use or the use of the Site.
14. Termination
We may terminate or suspend your access to the Site or any portion thereof and remove any material (including User Information) from the Site, in our sole discretion, at any time for any reason without notice to you. Further, if we believe, in our sole discretion, that a violation of these Terms of Use has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any User Information. We may seek to gather information from a user who is suspected of violating these Terms of Use (or from any other user) and you agree to provide us with such information. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available any User Information, emails, or other materials that are believed to violate these Terms of Use.
15. Cancellation
You may request cancellation of your Account at any time and for any reason by sending an e-mail to [email protected]. Any suspension, termination, or cancellation shall not affect your obligations to Open Exodus under these Terms of Use (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.
16. Waiver and Severability
Any waiver of any provision contained in these Terms of Use shall not be deemed to be a waiver of any other right, term or provision of these Terms of Use. If any provision in these Terms of Use shall be or become wholly or partially invalid, illegal or unenforceable, such provision shall be enforced to the extent it is legal and valid and the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.
17. Modification of the Site or Terms of Use
Open Exodus reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Site, any portion thereof, or any content thereon without advance notice, or to modify these Terms of Use. All modified terms of use will be effective upon the date when the change takes effect, unless there is a material change, which will be effective when Open Exodus provides notice to you, unless a longer notice period is required by applicable law. If any modified terms of use are not acceptable to you, your sole remedy is to cease using the Site, and if applicable, cancel your Account (defined below) as specified below. By continuing to access or use the Site after Open Exodus makes any such revision, you agree to be bound by the revised Terms of Use.
If you have questions about these Terms of Use or about the Site or content thereon, please contact us at [email protected].