terms of service

Updated April 2021

These Terms of Use govern your access to and use of the websites and social media (the “xcryptos Sites” or the “Sites”) of xcryptos Investments and those of its subsidiaries and affiliates, (collectively, “xcryptos”, “we”, “our”, or “us”), and your use of any of the services provided through these Sites. These Terms of Use and any additional terms and conditions, policies, agreements and disclosures to which you have agreed are hereafter referred to collectively as the “Agreement”. Please read these Terms of Use carefully.

Your use of a xcryptos Site is governed by the version of the Terms of Use in effect on the date of use. xcryptos may modify the Terms of Use at any time and without prior notice. By using and accessing any xcryptos Site, you acknowledge and agree to review the most current version of these Terms of Use prior to each such use. Your continued use of and access to any of the xcryptos Sites constitutes your acknowledgement of, and agreement to, the then current Terms of Use. Please also note that the terms and conditions of these Terms of Use are in addition to any other agreements between you and xcryptos and/or its affiliates and agents, including any customer agreements, and any other agreements that govern your use of products, services, content, tools, and information available on the xcryptos Sites.

xcryptos reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on the xcryptos Sites and/or to suspend and/or deny access to any xcryptos Site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on the xcryptos Site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and xcryptos does not undertake any obligation or responsibility to update or amend any such information. xcryptos may discontinue or change any product or service described in or offered on xcryptos Site at any time without prior notice. xcryptos further reserves the right, in its sole discretion, to block or otherwise discontinue your access and use of xcryptos Site at any time and for any reason. You agree that xcryptos and its subsidiaries and affiliates will not be liable to you or to any third party for any such modification, suspension or discontinuance.


AUTHORIZED USER

Some of our services, and certain pages of the xcryptos Site, are available only to clients or users who have been authorized by us to access those services and web pages. Such authorization may require completion of an accredited investor questionnaire and satisfactory background information screening.

nauthorized use of any xcryptos Site and/or our systems, including, but not limited to, unauthorized entry into and/or any attempted access of xcryptos’s systems and/or any restricted areas of any of the xcryptos Site, misuse or sharing of passwords or misuse of any other information, is strictly prohibited. You may not use any xcryptos Site in any manner that could damage, disable, overburden, or impair any xcryptos Site or service or interfere with any other party’s use and enjoyment of any xcryptos Site or service. You may not attempt to gain unauthorized access to any xcryptos Site or service, computer systems or networks connected to any xcryptos Site or service, through hacking, password mining or any other means. You may not screen-scrape, data scrape and/or use any automated means to acquire data and/or information from our Sites. You agree that you will not engage in any activities related to any xcryptos Site that are contrary to these Terms of Use and/or any applicable laws or regulations. You agree to notify us immediately in the event that you learn or suspect that the security of your password may have been compromised. You further agree that you are responsible for any unauthorized use of your password that is made before you have notified us and we have had a reasonable opportunity to act on that notice. We reserve the right to suspend or cancel your password, even without receiving such notice from you, if we suspect that it is being used in an unauthorized or fraudulent manner.

Notwithstanding the above, you are responsible for monitoring your use of the xcryptos Sites and should promptly report any unauthorized or suspicious activity to us at [email protected]


DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

THE INFORMATION, PRODUCTS AND SERVICES ON THE xcryptos SITES ARE PROVIDED ON A STRICTLY “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS. xcryptos DOES NOT PROVIDE ANY WARRANTIES (EITHER EXPRESS OR IMPLIED) WITH RESPECT TO THE INFORMATION AND/OR SERVICES PROVIDED ON ANY xcryptos SITE AND/OR YOUR USE OF ANY xcryptos SITE GENERALLY, FOR ANY PARTICULAR PURPOSE AND xcryptos EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. xcryptos WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THIS WEBSITE. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THIS WEBSITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, xcryptos CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE. NEITHER xcryptos, NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS OR EMPLOYEES, NOR ANY THIRD PARTY PROVIDERS OF CONTENT, SOFTWARE AND/OR TECHNOLOGY (COLLECTIVELY, THE “xcryptos PARTIES”), WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF ANY xcryptos SITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING ANY xcryptos SITE, THE DATA CONTAINED THEREIN OR THE PRODUCTS OR SERVICES OFFERED THEREBY AVAILABLE TO YOU, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF ANY xcryptos SITE OR THE MATERIALS CONTAINED THEREIN, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF xcryptos OR OF ANY VENDOR PROVIDING SOFTWARE OR SERVICES.

IN NO EVENT WILL xcryptos OR ANY SUCH PARTIES BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND EVEN IF xcryptos OR ANY OTHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. xcryptos CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY xcryptos SITE.


PROPRIETARY RIGHTS

All right, title and interest in the xcryptos Sites and all content contained herein is the exclusive property of xcryptos, except as otherwise stated. Unless otherwise specified, the xcryptos Sites are for your personal and non-commercial use only. You may print, copy and download limited amounts of information and content from the xcryptos Sites; provided that it is solely for your personal use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from any xcryptos Sites, except for the purposes expressly provided herein, without xcryptos’s prior written approval. If you copy or download any information or software from a xcryptos Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.

xcryptos, the xcryptos logo, and other xcryptos trademarks and service marks referenced herein are trademarks and service marks of xcryptos. The names of other companies and third-party products or services mentioned herein may be the trademarks or service marks of their respective owners. You are prohibited from using any marks for any purpose including, but not limited to use as metatags on other pages or sites on the Internet without the written permission of xcryptos or the applicable third party rights holder.


USE OF LINKS

The xcryptos Sites may contain links to third party websites and/or services (each, a “Third Party Site”). These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by xcryptos of any information contained in any Third Party Site. In no event shall xcryptos be responsible for the information contained on any Third Party Site and/or your use of or inability to use such site. You should also be aware that the terms and conditions and privacy policy of each Third Party Site will be different from those applicable to your use of the xcryptos Sites. You should contact the operator of the applicable Third Party Site for any information regarding that site’s terms and conditions and/or privacy policy.


THIRD PARTY CONTENT

Certain portions of the xcryptos Sites may contain unedited or third party content, including, without limitation, User Submitted Content. All User Submitted Content and all other postings, messages, text, images, links to third-party websites or other materials published on or otherwise made available by parties other than xcryptos (such content, the “Third Party Content”) are the sole responsibility of the person(s) who originated such Third Party Content and xcryptos may not monitor and does not control such Third Party Content, though xcryptos reserves the right at all times (but will not have an obligation) to remove any Third Party Content. By using this Third Party Content, you agree to not rely on the Third Party Content and understand that you may be exposed to Third Party Content that is, without limitation, inaccurate, inappropriate, misleading, unlawful, offensive or otherwise objectionable, and that xcryptos makes no representations or warranties regarding the Third Party Content and is not responsible or liable in any manner for the Third Party Content or the conduct, whether online or offline, of any user. Your use of such Third Party Content may be subject to the Terms of Use or user agreement of such Third Party Content provider.


SOCIAL MEDIA DISCLOSURE

Social media posts (including but not limited to, Facebook, LinkedIn and Twitter) of xcryptos and xcryptos’s employees (“Social Media”) are not, and should not be considered to be recommendations, solicitations or offers by xcryptos or its affiliates to buy or sell any securities, futures, options or other financial instruments or other assets or provide any investment advice or service. xcryptos makes all reasonable efforts to ensure that the information contained on Social Media is accurate and reliable; however, errors sometimes occur. You should note that the materials on Social Media are provided “as is” without any express or implied warranties. xcryptos does not warrant or represent that the materials on Social Media are accurate, valid, timely or complete.


CLAIMS OF COPYRIGHT INFRINGEMENT

Copyright Complaints: xcryptos respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify xcryptos in accordance with the procedure set forth below.

xcryptos will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be sent to:

Legal, xcryptos Investments. [email protected]

To be effective, the notification must be in writing and contain the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the xcryptos Site, with enough detail that we may find it on the xcryptos Site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

SECURITIES PRODUCTS

None of the information contained in the publicly accessible portions of the xcryptos Sites constitutes a recommendation, solicitation or offer by xcryptos or its affiliates to buy or sell any securities, futures, options or other financial instruments or other assets or provide any investment advice or service. The information contained in the xcryptos Sites has been prepared without reference to any particular user’s investment requirements or financial situation. The information and services provided on the xcryptos Sites are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization or where xcryptos is not authorized to provide such information or services. Some products and services described in the xcryptos Sites may not be available in all jurisdictions or to all clients.