Please read these terms and conditions of use carefully before accessing, using or obtaining any materials, information, products or services of Our Website (as defined below). By accessing the Addigence Website (as defined below), you agree to be bound by these terms and conditions ("Terms") and our Privacy Policy. If you do not accept all of these Terms, then you may not use Our Website. These Terms and Conditions apply to all visitors, users and others who access or use the Website. In these Terms, "we", "us", "our" and "Addigence" refers to Addigence Corporation, and "you" and "your" refers to you, the user of Our Website. These Terms include an arbitration clause and a waiver of your right to participate in a class action or representative lawsuit. We may modify these Terms for any reason—at any time—by posting a new version on Our Website; these changes do not affect rights and obligations that arose prior to such changes. Your continued use of Our Website following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Our Website in any way, your only recourse is to immediately terminate use of Our Website.
NOTICE OF BINDING ARBITRATION AND CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE OR CLAIM RELATED TO THESE TERMS AND CONDITIONS, OR ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY OF ADDIGENCE SERVICES, MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. PLEASE SEE SECTION 8 BELOW.
For the purposes of these Terms and Conditions:
“Affiliate” means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
“Country” refers to: New York, United States.
“Company” (referred to as either "the Company", "We", "Us", “Addigence” or "Our" in this Agreement) refers to Addigence Corporation, 200 Vesey Street, 24th Floor, New York, NY 10281.
“Device” means any device that can access the Website such as a computer, a cellphone or a digital tablet.
“Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Website.
“Terms and Conditions” (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Website.
“Website” refers to Addigence’s site, accessible from https://addigence.com.
“You” means the individual accessing or using the Website, or the company, or other legal entity on behalf of which such individual is accessing or using the Website, as applicable.
Addigence may now or in the future offer investment advisory and asset management services, (“Addigence Services”). Your participation in any Addigence Services will be subject to the terms and conditions of the investment management client agreement for such Addigence Services and other agreements relating to custody, broker-dealer services or other services provided by Addigence, its affiliates or third parties in connection with your participation in the Addigence Services, which you are urged to read in their entirety before participating.
We, along with our corporate affiliates, and other licensors, own all of the text, images, software, trademarks, service marks and other material contained on Our Website except User Content. You will not copy or transmit any of the material except if you are doing so for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on Our Website must appear on all copies you print. Other non-Addigence product, service, or company designations, if any, on Our Website belong to those respective third parties and may be mentioned in Our Website for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status. Your use of and access to Our Website does not grant you any license or right to use any of the marks included on Our Website.
You may only use Our Website if you are of sufficient legal age and can enter into binding contracts. All information that you provide to us must be accurate and up-to-date. If any of your information changes, you must immediately update it. If you decide to have messages or other communications from Our Website sent directly to your mobile device, you are solely responsible for keeping us updated with your current phone number, respectively updating to the latest version of the mobile app, and for any charges incurred by receiving such messages. We will not be liable for information sent to a device that is associated with your outdated mobile phone number or using an outdated mobile app. If you install any software or enable any service that stores information from Our Website on any mobile device or computer, it is your responsibility, prior to transfer or disposal of such device, to remove your information or otherwise disable access to such software or service in order to prevent unauthorized access to your information. In addition, you agree not to do any of the following without prior express written permission from Addigence:
(i) access the site with any manual or automated process for any purpose other than your personal use. Use of any automated system or software to extract data from Our Website (“screen scraping”), for commercial or non-commercial purposes, is prohibited;
(ii) violate the restrictions in any robot exclusion headers on Our Website or bypass or circumvent other measures employed to prevent or limit access to Our Website;
(iii) deep-link to any portion of Our Website for any purpose;
(iv) use any device, software or routine that interferes or attempts to interfere with the normal operation of Our Website or take any action that imposes an unreasonable load on our computer or network equipment;
(v) reproduce, duplicate, copy, sell, trade, resell or exploit Our Website;
(vi) use any feature of Our Website for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate, as determined by us;
(vii) post or distribute any material on Our Website that violates the rights of any third party or applicable law;
(viii) use Our Website to collect or store personal data about others;
(ix) use Our Website for any commercial purpose; or
(x) transmit any ad or promotional materials on Our Website.
We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to any or all component(s) of Our Website. You further agree not to:
Please report abusive content to [email protected] if you see it.
If you believe any of the content on Our Website violates your copyright, please notify our copyright agent in writing. The contact information is at the bottom of this section. In order for us to take action, you must do the following in your notice:
(a) provide your physical or electronic signature;
(b) identify the copyrighted work that you believe is being infringed;
(c) identify the item that you think is infringing your work and include sufficient information, such as a URL or copy of the webpage showing the URL, so that we can find it;
(d) provide us with a way to contact you, such as your address, telephone number, or email;
(e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the services; and
(f) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.
Here is the contact information: Legal Team, Copyright Enforcement, Addigence Corporation, 200 Vesey Street, 24th Floor, New York, NY 10281 or to [email protected]. Again, we cannot take action unless you give us all the required information.
Our Website, all content and services provided on Our Website are provided on an "as is" and "as available" basis. Addigence expressly disclaims—to the fullest extent permissible—all warranties of any kind, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
We (together with our officers, directors, employees, representatives, shareholders, affiliates, and providers), to the extent permitted by law, hereby expressly exclude any responsibility and liability for (a) any loss or damages to, or viruses that may infect, your computer equipment or other property as the result of your access to Our Website, your downloading of any content from Our Website or (b) any injury; death; loss; claim; act of god; accident; delay; or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including—without limitation—lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of Our Website or our content; (ii) any failure or delay (including—without limitation—the use of or inability to use any component of this Website for investing); or (iii) the performance or nonperformance by us, even if we have been advised of the possibility of damages to such parties or any other party. Some states or countries do not allow this limitation of liability, so the limitations above may not apply or apply only partially to you.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR ACTION WHEN YOU USE OUR WEBSITE AND YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ADDIGENCE AND OUR AFFILIATES, AS WELL AS OUR AND THEIR RESPECTIVE SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, REPRESENTATIVES, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, PENALTIES, FEES, OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) THAT MAY BE INCURRED, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE WEBSITE OR THE CONTENT, YOUR VIOLATION OF ANY OF THESE TERMS, OR YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS, OR YOUR VIOLATION OF ANY APPLICABLE LAW.
YOU SHOULD CAREFULLY REVIEW THIS SECTION 8. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND AGREE TO GIVE UP YOUR RIGHT TO A JURY TRIAL. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JULY. YOU ARE ENTITLED TO A FAIR HEARING BUT THE ARBITRATION PROCEDURES MAY BE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. AN ARBITRATOR’S DECISION IS AS ENFORCEABLE AS ANY COURT ORDER AND IS SUBJECT TO A VERY LIMITED REVIEW BY A COURT. YOU EXPRESSLY AGREE TO THIS SECTION 8 AS A CONDITION OF ACCESSING OR USING THE WEBSITE, ANY OF OUR SERVICES, OR ANY CONTENT.
ANY AND ALL DISPUTES COMPANY OR YOU MAY HAVE RELATING IN ANY WAY TO THE WEBSITE, YOUR ACCESS TO OR USE OF THE WEBSITE OR OUR SERVICES (INCLUDING—WITHOUT LIMITATION—WITH RESPECT TO DATA, YOUR INTERACTION WITH THE COMPANY, COMPANY’S ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES COMPANY SENDS TO YOU, OR THE USE OR DISCLOSURE OF ANY INFORMATION ABOUT YOU), THESE TERMS OF USE, AND PRIVACY POLICY (COLLECTIVELY, “CLAIMS”) MUST BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT IN WHICH YOU RESIDE, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHT. CLAIMS INCLUDE CLAIMS BASED ON CONTRACT, TORT (INCLUDING INTENTIONAL TORT), FRAUD, AGENCY, YOUR OR THE COMPANY’S NEGLIGENCE, STATUTORY OR REGULATORY PROVISIONS, OR ANY OTHER SOURCE OF LAW. If you intend to seek arbitration, you must first send to the Company, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Company must be sent to [email protected] The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If you and the Company cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration. All arbitrations required by these Terms will be conducted under the Commercial Arbitration rules of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to, Claims is to be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Any Claim must be brought in your individual capacity, and not as plaintiff or class member in any purported class or representative proceeding. Unless you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. Unless unlawful, Company will pay its—and you will pay your—lawyers’, experts’, and witness’ fees, expenses, and costs with respect to all claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST COMPANY IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THIS TERMS AND CONDITIONS OR TERMINATION OF YOUR RIGHT TO ACCESS OR USE THE WEBSITE OR ADDIGENCE SERVICES FOR ANY AND ALL DISPUTES YOU OR THE COMPANY HAS RELATING—IN ANY WAY—TO THE USE OF THE WEBSITE OR ADDIGENCE SERVICES OR YOUR RELATIONSHIP WITH THE COMPANY.
Our Website may contain links to other websites that we do not operate or control and for which we are not responsible ("Third-Party Websites"). We provide these links for your reference and convenience and do not endorse the contents of Third-Party Websites and accept no responsibility for them or for any loss or damages that may arise from your use of them. You should refer to the separate terms of use, privacy policies posted on Third-Party Websites and applicable law related to access to or use of such Third-Party Websites before you use them. You agree not to create a link from any website, including any website controlled by you, to Our Website.
All hyperlinks to Third-Party Websites provided on Our Website are provided “AS IS”, and Addigence does not necessarily agree with, edit, or sponsor the content on such Third-Party Websites. You acknowledge and agree that Addigence shall not be responsible for any content, products, services, advertising, information, availability or use of any information or other content offered on any Third-Party Websites. In no event shall Vicent be directly or indirectly liable to anyone for any losses or damages in connection with the creation or use of any Third-Party Website or any information or content accessed through any Third-Party Website. Modifications. We reserve the right to add, modify, remove, or decline, without providing notice, any features or links to any Third-Party Website from Our Website, or to introduce different features, functionality or links to different users of our Website.
The Website may contain reviews or other forums in which you can post content. If you use said interactive areas on the Website, you are solely responsible for the content, including without limitation, any reviews, text, images, links, or videos that you upload, transmit, or share with us or others on or through the website (collectively, the "User Content"), and you represent and warrant that you are not transmitting or sharing User Content that you do not have permission to share. We do not guarantee any confidentiality with respect to the User Content and you understand that the User Content may be publicly displayed. If you post User Content to the Website, you represent that: (i) you are the owner of the User Content; or (ii) you have the right and license to use the User Content; or (iii) the User Content is in the public domain; or (iv) to your knowledge, no one else claims ownership of, or exclusive rights to, the User Content; and (v) you have the legal right to grant a license to us to use the User Content. When you provide us with User Content, you own the content you create and share, and you also grant us a perpetual, transferable, irrevocable, sub-licensable, fully-paid, worldwide license to use, modify, reproduce, distribute, prepare derivative works of, publicly perform, and publicly display (in any form and on all mediums now known or hereafter devised) all User Content or other content provided to us. We can use the User Content in any format, channel, platform, or region with the right to localize the content into other languages. If uploaded or submitted to us, you further give us permission and the right to use your name, image, likeness, or other personal attributes. You authorize us to make copies as we deem necessary in order to facilitate the storage and assimilation of the User Content on the Website. By providing us User Content, you represent and warrant that the User Content you provide will not violate or in any way infringe upon the rights of third parties, including property, contractual, employment, trade secrets, proprietary information, and nondisclosure rights, or any intellectual property rights. You may remove your User Content from the website, but the license that you have granted will remain in effect. You understand that we do not control the User Content and will not be, in any way, responsible or liable for such User Content. We take no responsibility for any User Content posted, stored, uploaded, distributed, transmitted or otherwise published by any User, including yours, on Our Website. We assume no liability for any loss or damage to User Content, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity User may encounter when viewing User Content. Although we have no obligation to screen, edit or monitor any User Content, we reserve the right, and have the sole and absolute discretion to remove, edit or screen, without notice, any such User Content from Our Website at any time and for any reason, including, but not limited to when we believe in good faith that such User Content is in breach of these Terms or otherwise believe the removal may be reasonably necessary to safeguard our rights or the rights of Users or to mitigate any risk of harm or liability to us or any User. Further, you expressly agree not to post, upload, transmit, distribute, store, create or otherwise publish any User Content on Our Website that:
We may change the site and these Terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these Terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users, including those using Our Website before the date the changes take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) and/or by restricting your access to Our Website. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you, provided your rights under these Terms are not prejudiced. These Terms and Conditions shall inure to the benefit of and be binding upon Addigence’s successors and assigns. One or more patents may apply to this site and to the features and services accessible via the site. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those agreements made a part of these Terms by reference, make up the entire agreement between us relating to your use of Our Website, and replace any prior understandings or agreements (whether oral or written) regarding your use of Our Website. To the extent permitted by law, the laws of the State of New York, without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them. To the extent permitted by law, you agree that any disputes, claims and causes of action arising out of or connected with Our Website and/or these Terms, will be resolved individually, without resort to any form of class action.
Notices to you by Addigence may be made via any of the following methods: in-app messaging through our mobile app, email, or regular mail. Also, we may provide notices of changes to these Terms or other matters by displaying notices or links to notices to you on our Website.
If You are a U.S. federal government end user, our Website is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
These Terms and Conditions may have been translated if We have made them available to You on our Website. You agree that the original English text shall prevail in the case of a dispute.
We encourage you to share your comments and questions, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Addigence products or services. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of Addigence. Furthermore, by submitting Feedback, you are granting us an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute Feedback we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms and Conditions shall not affect a party's ability to exercise such right or constitute a waiver of such right, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Google Play and the Google Play logo are trademarks of Google Inc. Apple, the Apple logo, iPhone and iPad are trademarks of Apple Inc., registered in the U.S. and other countries and regions. App Store is a service mark of Apple Inc.
Our Website is operated by: Addigence Corporation.
If you have any questions about these Terms and Conditions, You can contact us at [email protected].
Last updated: May 31, 2024