- Any action arising out of this Agreement or the Site is governed by and interpreted under the laws of the United States of America and the applicable laws of the State of New York without regard to conflict of law principles. If any provision of this policy shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this policy and shall not affect the validity and enforceability of any remaining provisions. In every case and to the full extent possible under applicable law, Derastone and its users elect to resolve all actions arising out of this Agreement or the Site through arbitration. If binding arbitration is found to be inapplicable or unenforceable in respect to any action arising out of this Agreement or the Site, you agree to submit to the exclusive jurisdiction of the state and federal courts in New York, waiving all affirmative and legal defenses in respect to jurisdiction, forum and venue, as well as your right to a jury trial.
- You represent and warrant you will not use this Site or Derastone, (a) as part of any scheme to violate federal, state, or other laws and regulations including those around financial transactions, or (b) for any other purposes that is unlawful or prohibited by this Agreement, including but not limited to attempting or actually (i) disrupting, impairing or otherwise interfering with the operation or integrity of the Site or circumventing any Site security system; (ii) collecting any information about other users of the Site; or (iii) systematically extracting content or other information or data contained in the Site. You may not access, copy, reproduce, upload, post, transmit, publicly perform or display, license, transfer, sell, mirror, frame, “scrape”, data mine or otherwise use any information or material obtained from or through this Site, without written permission from Derastone. Derastone may terminate your access and use of any part of the Site for such use or any use which violates this Agreement.
- Derastone is the owner and/or authorized user of all text, images, data representations, animation, music, sounds, and any and all other materials on this Site. Unless and except as otherwise permitted by this Agreement or other written agreement with Derastone, users may not modify, copy, reproduce, republish, disseminate, exploit, distribute, display, create derivative works from, or otherwise incorporate any material found on this Site or in Derastone’s communications, except that you may view such materials in their present form and you may download and print a copy for your informational purposes only, provided you keep intact all copyright and other proprietary notices. Said materials are protected by U.S. and international copyright and treaty provisions without limitation as copyrights, trademarks, service marks, logos, and other intellectual property.
- Unless otherwise indicated, all trademarks, service marks and trade names are the property of Derastone and its affiliates. Derastone enforces its intellectual property rights. Other than as permitted hereunder, use of Derastone’s intellectual property rights, without an express license from Derastone, is strictly prohibited. Other parties’ trademarks and service marks that may be referred to herein are the property of their respective owners.
- Although Derastone provides investment advice, it does not provide any advice through its website nor does it provide advice to non-clients. Before making financial or investment decisions, we recommend that you contact an investment, financial, tax or legal professional. You are advised not to rely on any information contained on this Site in the process of making an investment or other decision.
- Nothing on this Site constitutes an offer, solicitation of an offer, or advice to buy or sell securities, or any financial instrument or investment by Derastone, nor shall any security, financial instrument or services be provided, offered or sold to any person in any jurisdiction in which such offer, solicitation, provision or sale would be unlawful under securities laws of such jurisdiction. The content on the Site is for informational purposes only and Derastone does not represent that the products or services described on this Site are suitable for any specific investor or available in all locations.
- Certain of the statements contained herein may be statements of future expectations and other forward-looking statements that are based on Derastone current views and assumptions and involve known and unknown risks and uncertainties that could cause actual results, performance or events to differ materially from those expressed or implied in such statements. In addition to statements which are forward-looking by reason of context, the words “may, will, should, expects, plans, intends, anticipates, believes, estimates, predicts, potential, or continue” and similar expressions identify forward-looking statements.
- Derastone, its employees, officers, directors, representatives, agents, and any party involved in the creation, management, monitoring, and dissemination of information on the Site, including Derastone, cannot be held liable in any way for direct, indirect, punitive, incidental, special or consequential damages arising out of or connected to the use of the Site included but not limited to viruses, unauthorized access, errors, service interruption or delay, loss or damages from nonperformance by Derastone, inaccurate content, typographic or data errors, or theft. Content and information are provided as is without warranties of any kind from Derastone. Derastone expressly disclaim all warranties of any kind either express, implied or statutory, related to any products, services, information and content, including but not limited to the availability, performance, security, reliability, accuracy, quality, usefulness, suitability or completeness of information, content, products, and services provided on or through this Site or in any other oral or written form. We do not warrant that this Site or the server that makes it available are free of viruses or other harmful components or any breach of security associated with the transmission of sensitive information through this Site or any linked website. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information provided. We will not be responsible for any detrimental reliance that you may place upon the Site or its contents. Derastone reserves the right to cease operating this Site or to terminate your access and use of any part of this Site at any time without notice for any reason.
- Users agree to indemnify and defend Derastone, their employees, officers, directors, agents, and affiliates and to hold them harmless and release them from any and all claims, expenses, losses, damages, and liabilities including without limitation attorney fees arising out of or connected to use or access to the Site. You will cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
- Section numbers in this Agreement are for convenience of reference only, and shall not govern the interpretation of any provision of this Agreement. The Site, including but not limited to this Agreement are subject to change without notice.
- If you have questions regarding this Agreement or to report any violations of the Agreement, please contact us at [email protected]
ADDITIONAL CLARIFYING TERMS
GOVERNING LAW. These Terms shall be construed in accordance with and governed by the laws of the United States and the State of New York, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in New York City, New York in all disputes arising out of or related to the use of the site.
AGE. The site is intended only for users aged 18 or older. Individuals under the age of 18 are strictly prohibited from using the site and the accounts for any such person shall be terminated upon discovery.
USE OF SOFTWARE. Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.
USER CONTENT. You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Please visit our DMCA Policy link at the bottom of the site pages to view our Digital Millennium Copyright Act takedown policies and to make a claim of infringement. Company’s DMCA Policy is expressly incorporated into this Agreement by this reference.
NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
COPYRIGHT. All contents of Site or Service are: Copyright © 2018 Gabriel Kaplan and 2013 Derastone LLC, 303 EAST 83RD STREET #15B, NEW YORK, NY 10028. All rights reserved.
NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
UNITED STATES USE ONLY. The Site is controlled and operated by Company from its offices in the State of New York. The domain of the website is registered in the United States and the Site is hosted in the United States. The intended audience for this site consists of individuals in the United States only. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than New York and the United States.
AMENDMENTS. Company reserves the right to amend these Terms. Should Company seek to make such an amendment and we, in our sole discretion, consider the amendment to be material in nature, we shall:
(a) Clearly publish on the home page the fact an amendment is being made. You may contact us to discuss and contact information so you may discuss the proposed changes with us.
Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement with the agreement between us reverting to the previous set of terms applicable to the website. All amendments to the Terms shall be forward looking.