This document acts as an agreed upon terms and conditions (“Terms and Conditions ”) between you (“User,” “you”) and Hyblock Capital L.L.C. or any other entity authorized by Hyblock Capital L.L.C. (the “Company,” “Hyblock”, “us” or “we”). You accept these Terms and Conditions when you access Company’s website https://hyblockcapital.com (including any and all subdomains, collectively, the “Website”) and/or use Company’s services or any other features, technologies or functionalities offered by Company through the Website or through any other means (collectively, the “Services”).
PLEASE READ THE [PRIVACY POLICY], [COOKIE POLICY], AND ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS WEBSITE. BY CONTINUING TO ACCESS OR USE THIS WEBSITE OR ANY SERVICE ON THIS WEBSITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
1.1
You hereby represent and warrant that you are at least eighteen (18) years of age, are legally eligible to use the internet and services similar to those provided by the Company (according to the laws of any relevant jurisdiction in which you reside) and have not had your right to use Services previously suspended or revoked by us.
1.2
You agree to comply with these Terms and Conditions even if the Company’s methods to prevent use of the Website and/or the Services are not effective or can be bypassed.
1.3
These Terms and Conditions shall enter into force at the time you first access the Website or use Services. If you disagree with any provision of these Terms you shall cease using the Website or any Services immediately. You have read, understood and agree with these Terms and any provisions thereof. [Websites accessible through hyperlinks on the Website do not form an integral part of these Terms and Conditions].
2.1
We reserve the right to amend, remove, or add to these Terms and Conditions at any time. Please check the “Last modified” heading at the bottom of this document to see when the Terms and Conditions were last updated. Any changes to the Terms and Conditions will become effective when we post the revised Terms and Conditions on the Website.
2.2
Your use of the Website or Services, or your provision of personal information following any changes means that you accept the updated Terms and Conditions.
3.1
Ownership: You acknowledge and agree that the text, information, data, graphics, images, audio, video, design, organization, compilation, meta data, look and feel, advertising and all other protectable intellectual property (“Content”) available through the Services is the Page 2 of 7 Company’s property, the property of the advertisers or the Company’s third party licensors or suppliers (such licensors and suppliers are referred to as “Information Providers”) and is protected by copyright and other intellectual property laws.
3.2
Limitations on Use: Hyblock grants you a non-exclusive, non-transferable and limited personal license to access and use the Website. Provided, you have Hyblock’s written consent in advance, you may not reproduce, sell, publish, distribute, retransmit, disseminate, perform, display, broadcast, create new works from, or commercially exploit the Content available through the Services.
You agree not to use any feature of Services on the Website for any purpose that is criminal, illegal, or otherwise prohibited, including (but not limited to) activities related to money laundering, drug trafficking, human trafficking, weapons trafficking, terrorism, securities fraud, or tax evasion. You represent and warrant that you will not use our Website and/or Services to assist any other party in such illegal activities. You also agree not to transfer access to your Account (as defined below) or any other rights granted to you by these Terms and Conditions. The limited license granted under these Terms and Conditions will terminate if Hyblock believes that any information provided by you, including (but not limited to) your personal information, is no longer current or accurate, or if you fail to otherwise comply with any provisions of these Terms and Conditions and all rules and guidelines for each of the Services. Upon such violation, you agree to cease accessing Services. You agree that Hyblock, at its sole discretion and with or without notice, may terminate your access to any or all Services, and remove and discard any information or content within the Services.
3.3
No Modification of Content: You agree not to rearrange or modify the Content. You agree not to create abstracts from, scrape or display headlines from the Content for use on another website or service or use the Content for commercial purposes, including without limitation algorithmic trading programs. You agree not to upload, post or submit any Content from the Services to weblogs, newsgroups, mail lists or electronic bulletin boards, except through services we specifically provide for that purpose or after we give our written consent in advance.
4.1
In order to use our Services, you may need to register an account to access some or all of our Services (“Account”). You represent and warrant that all information and documents provided when creating such an Account is current, complete, and accurate. You agree to promptly notify the Company of any changes to any information and/or documents that would cause the information provided upon your Account’s creation to no longer be current, complete or accurate. You agree that only you will be accessing and using your Account, and you may not transfer the right of its use or disclose any login credentials to a third party without our express prior written consent. You agree to take full responsibility for any activity that occurs through the use of your Account and may not transfer any such responsibility to any third party. You agree to notify the Company in the event that you discover or suspect any security breaches or vulnerabilities related to the Website or Services.
4.2
After opening the Account, in order to access certain features relating to the Services, you may be required to pay a membership fee depending on the membership plan of the Company Page 3 of 7 (“Membership Plan”). For making payment, we may direct you to our trusted payment service providers’ website(s). You may be required to share with payment service providers your personal information (such as your name, address, identity number), financial information (e.g. your credit card number, bank account, etc.) and any other information which is required by the payment service providers. The rates of Membership Plan may be revised from time to time at sole discretion of the Company.
4.3
Registration: When registering, you need to select a unique user name and password. We reserve the right to refuse giving you a user name if it impersonates someone else’s name, or if we feel it is otherwise inappropriate. It is your responsibility to choose your password wisely. We are not responsible for any user impersonating you on our Services. If you have concerns or believe that someone is using your password without your authority, please contact support@hyblockcapital.com.
4.4
[As an alternative to registering directly with the Website by providing your unique user name and password, we give you the option to register and login to your account via one of your account(s) with social media sites such as Facebook, Twitter or Gmail (the “Third Party Account(s)”). Please see Hyblock’s Privacy Policy for more information about logging in to your account via a Third Party Account.]
4.5
We reserve the right to terminate your membership, at our sole discretion, at any time without notice. You may terminate your membership at any time in the manner described at [__]. Upon terminating your membership, you will receive an automated confirmation via e-mail that the request was received, and your account will be terminated immediately.
4.6
Advertising and Communication. You may be offered to subscribe to our newsletter and other informational and advertising messages on the Website (collectively, the “Newsletter”), and by subscribing to the Newsletter you agree to receive emails from us. Through our Newsletter we aim to keep you and other users and visitors of the Website updated about the Company, its affiliates and partners and services offered and/or to be offered by them. By subscribing to our Newsletter, you agree to receive informational and advertising messages about our Services and services offered and/or to be offered by our affiliates and partners. Subscription to out Newsletter is not mandatory. The Company may on its own discretion determine the content and frequency of the Newsletter. We reserve the right to determine the content of the Newsletter at any time and unsubscribe you and any other Users from the Newsletter without any notice. You may at any time unsubscribe from the Newsletter by following the instructions contained in the Newsletter or you may any time contact us at support@hyblockcapital.com.
5.1
All rights, titles and interests in and to the contents of the Website, and the Company’s trademarks, services marks, trade names, and logos are owned by Hyblock, or its affiliates and are protected by copyright and trademark laws, and international treaties.
5.2
You agree not to delete any copyright notices or other indications of protected intellectual property rights from materials that you print or download from the Website. You will not obtain any intellectual property rights or any right or license to use such materials or the Website, other than as expressly set out in these Terms and Conditions.
5.3
Images displayed on the Website are the property of the Company. You agree not to upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights and the prior written consent of Hyblock.
5.4
Nothing contained on the Website may be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark without the written permission of Hyblock or any third party that may own the trademarks. Your use of trademarks, or any other content of the Website, except as provided herein, is strictly prohibited.
Hyblock reserves the right to suspend the operation of this Website or any part or sections of it at any time and no claims may be entertained against the Company in connection thereto.
You agree that the Company will not be liable in any way to you or to any other person in the event of force majeure (including, but not limited to, the act of any government or legal authority) or for the failure of or damage or destruction to your computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software.
8.1
You understand that while the Internet and the World Wide Web are generally reliable, technical problems or other conditions may delay or prevent you from accessing the Website.
8.2
Hyblock shall not be liable, and you agree not to hold or seek to hold Hyblock or any of its agents or service providers liable, for any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high Internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
8.3
Hyblock does not represent, warrant or guarantee that you will be able to access or use the Website at times or locations of your choosing, or that Hyblock will have adequate capacity for the Website as a whole or in any geographic location.
8.4
Hyblock does not represent, warrant or guarantee that the Website will provide uninterrupted and error-free service. Hyblock does not make any warranties or guarantees with respect to the Website and its Content, including but not limited to, warranties for merchantability or fitness for a particular purpose.
8.5
Without limiting the foregoing Hyblock will not be responsible for an impossibility to execute orders and requirements due to failures in the operation of informational systems caused by technical faults, which are beyond its control.
9.1
You agree to fully indemnify, defend and hold harmless Hyblock, its corporate affiliates and their respective officers, directors and employees immediately upon demand from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and other charges whatsoever, howsoever caused, that may arise as a result of: (i) any breach of these Terms and Conditions by you or (ii) violation by you of any law or the rights of any third party
9.2
Without prejudice to any other rights in these Terms and Conditions, if you breach in whole or in part any provision contained herein, Hyblock or any of its corporate affiliates which provides Services to you reserves the right to take such action as it sees fit, including (but not limited to) terminating any agreement in place with you, terminating or blocking the Services offered to you via the Site and/or taking legal action against you.
10.1
These Terms and Conditions shall be governed by the laws of the United States without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Hyblock anywhere else in the world.
10.2
If any part of these Terms and Conditions are held unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Hyblock may discontinue or change or terminate all or any of the Services, or their availability to you, immediately, in its sole discretion, at any time without cause.
YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE AND OUR INFORMATION PROVIDERS SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
In no way should our provision of Services and/or the Materials published on the Website be considered legal, financial or any other kind of specialized or expert advice, and you may not rely on any such information. In using the Website or the Services, you represent and warrant that you have sought any necessary legal, financial or otherwise specialized advice from an expert qualified to provide such counsel, or else you have the sufficient knowledge and sophistication to independently evaluate the risks and merits associated with our Services and the Website. You represent and warrant that you understand that any recommendations or commentary made by the Company or its employees or other users should be considered of general nature, and you should use your own judgment or seek the advice of an expert before Page 6 of 7 taking any action regardless of such statements. We give no assurance as to the accuracy or completeness of any such statement. Any information displayed and/or published on the Website and/or provided through our Services is for informational purposes only. Any information regarding purchase, sell and/or use of currencies, securities or cryptocurrencies is provided for informational purposes only and you hereby represent and warrants that such actions/omissions based on such information may be associated with a high degree of risk. The list of risk factors below is not exhaustive and there may exist other risks, which the Company cannot reasonably forecast. You represent and warrant that you have: (a) the necessary technical expertise and ability to review and evaluate the security, integrity and operation of any securities, currencies or cryptocurrency that you decide to deal with; and (b) the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits and risks of any securities, currencies or cryptocurrency you decide to deal with. You hereby confirm and agree that the Company will have no responsibility or liability for such risks. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against the Company and its shareholders, members, directors, officers, employees, agents, vendors, content providers, and representatives related to any of the risks set forth herein.
NEITHER HYBLOCK, NOR ANY OF ITS, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES (THE “EXCLUDED PARTIES”) WILL BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF SUCH EXCLUDED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE EXCLUDED PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND THE WEBSITE IS AT YOUR SOLE RISK.
This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement.
If you have any questions about these Terms and Conditions, please contact us at support@hyblockcapital.com.