Last Updated on June 20, 2022
INTRODUCTION
This website, application, and other services (collectively, the “Services”) are made available to you in accordance with these terms and conditions of use (the “Terms”) by FARO Associates LLC dba SHENIX™ (“we”, “our”, “us”). These Terms, together with our Privacy Policy at https://shenix.app and all supplemental terms (as amended from time to time), other documents and policies that are expressly referenced in these Terms govern your use of the Services.
Please read these Terms carefully. These Terms form a legally binding contract between you and us. By downloading, accessing, or otherwise using any Services in any way, you agree to be bound by these Terms as well as any other applicable terms and conditions or agreements you enter into with us regarding your use of any portion of the Services. By creating an account (“Account”) in relation to the Services or by downloading, accessing, or otherwise using any Services, you agree to be bound by these Terms.
CHANGES TO THESE TERMS
We may change these Terms to reflect: (a) changes in applicable laws; (b) regulatory or security requirements; (c) relevant guidance or codes of practice; (d) technical alterations to Services; (e) improvements for clarity and consistency; or (f) any other reason within our sole discretion.
Please check these Terms frequently. We will treat your continued use of the Services as acceptance of any changes made to the Terms from the previous version. If you do not agree with the changes, you should stop using the Services.
USE OF SERVICES
The Services are intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of our Services, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of these Terms. Any access to or use of the Services by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms.
While the Services are available to persons located outside of the United States, the content provided through the Services is intended to address information relating only to United States financial markets. We make no representation that the Services are appropriate or available for use outside the United States. Similarly, we make no representations that accessing the Services from locations outside the United States is legal or permissible under local law. None of our Services shall be considered a solicitation to sell advisory services to any person in any jurisdiction where such offer or solicitation would be unlawful under the laws of such jurisdiction.
COMMUNICATIONS
By creating an Account, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by unsubscribing in your account settings, clicking the unsubscribe link or by emailing at [email protected].
PURCHASES
If you wish to purchase any product or service made available through the Services (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to, product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order due to suspicion of fraud or an unauthorized or illegal transaction.
SUBSCRIPTIONS
Our Services are billed on a subscription basis (“Subscription”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions, subject to any agreed amendments, unless your Subscription is cancelled by you or us. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.
A valid payment method is required to process the payment for your Subscription. A third-party service will be used for payment processing. Payment information will be stored or collected by the third-party service and will be governed by the third-party’s privacy policy. By submitting such payment information, you automatically authorize us and/or the third-party to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
SUBSCRIPTION FEES
We may, in our sole discretion and at any time, modify the fees charged for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
We will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after a Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law or at our sole discretion, paid Subscription fees are non-refundable.
FINANCIAL ADVICE
The Services (including but not limited to articles, commentaries, investment plans, guides) are provided for educational or illustrative purposes only and are not intended to provide legal, tax, or financial planning advice. You agree that we are not a fiduciary by virtue of your use of the Services and that you are responsible for your own investment research and decisions, that you will not rely on the Services as the primary basis for your investment decisions, and, except as otherwise provided herein, we will not be liable for any actions you take based on information you receive via our Services.
By using our Services, you may obtain independent third-party investment advisory services or other information or services based on the information you provide. We do not endorse, warrant or guarantee any such services or information and we are not liable to you for the accuracy, completeness or usefulness of such services or information or the availability or quality thereof. You acknowledge and agree that we shall not be liable to you for the services offered by these third-party investment advisors and those services are subject to the terms and conditions and/or privacy policies of the correlating third party.
For the avoidance of doubt, while the Services are provided by FARO Associates LLC dba SHENIX™, FARO Associates LLC shall not provide any financial services through the Services. Any financial services provided by FARO Associates LLC will be subject to separate terms and conditions. FARO Associates LLC is not operating as a financial advisor or other fiduciary through the Services.
YOUR ACCOUNT AND LICENSE
To use many features of the Services, we require you to create an Account. We grant valid Account holders a non-exclusive, non-transferable, non-sublicensable, personal, limited license, which can be revoked at any time, to access and use the Services and (as applicable) to download and use our software and install the Services on a device and to connect to our servers solely to use the Services subject at all times to your strict compliance with these Terms. We reserve all other rights, including all right, title and interest in the Services and associated intellectual property rights. You may not otherwise use, decompile, reverse engineer, copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of the Services. Further you may not use any automation tools, macros, bots or auto-typers to circumvent any technical mechanisms or protections in place, share, sell or buy any other Accounts, or use multiple Accounts to break any of these Terms, exploit any known faults or bugs in the Services or impersonate any of our employees, officers or agents, persuade or attempt to persuade (including procuring others to persuade) other users to share any Account information, encourage others whether directly or indirectly to break any of these Terms, use inappropriate language or behavior including any action that may be considered offensive, racist, obscene, discriminatory, nor ask for any personal details of other users, or advertise other websites using the Services.
Except as provided in these Terms, use of the Services does not grant you any right, title, interest, or license to any such intellectual property you may access through the Services. Except as provided in these Terms, any use or reproduction of the Services or intellectual property therein is strictly prohibited.
THE SERVICES AND ANY ASSOCIATED SOFTWARE ARE LICENSED TO YOU, NOT SOLD. YOUR LICENSE CONFERS NO TITLE OR OWNERSHIP TO THE SERVICES.
You agree to keep your password safe at all times and not to disclose it to any other person. You are fully responsible for all activities on your Account (including the activities of all persons who use your password to gain access to your Account or who use the device on which the Services are installed and/or downloaded) and for complying with any licenses granted in these Terms. You are expressly prohibited from allowing anyone else to use your Account. We may immediately suspend or terminate your Account if someone else uses it. To help ensure the safety of your password, you must keep your computer and/or device (as applicable) free of viruses and other malicious code including trojan horses, worms, time bombs, malware, and spyware. You must use your password in accordance with the password requirements specified in the rules of the Services.
We do not guarantee the Services will be secure or free from bugs or viruses.
You must not attempt to gain unauthorized access to the Services, the server on which the Services are stored, or any server, computer or database connected to the Services. You must not attack the Services via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them in accordance with our Privacy Policy. In the event of such a breach, your right to use and licenses granted in these Terms will cease immediately without notice from us.
You represent and warrant that your use of the Services will comply with all applicable laws, rules and regulations. If you are subject to regulations and you use the Services, we will not be liable if the Services do not meet those requirements.
If you believe that someone has stolen your password or you believe you have lost or had stolen the device upon which the Services are installed or accessible or you believe that someone other than you have gained access to your Account, you should immediately contact us at [email protected]. You will remain responsible for your Account until you have notified us.
INTELLECTUAL PROPERTY RIGHTS, OWNERSHIP AND RESTRICTIONS
Any names, brands, and logos on the Services, whether existing now or in the future, are either the registered and/or unregistered trademarks of ours or owned by third parties and licensed for our use.
Materials (including without limit all information, software, data, text, photographs, graphics, sound and video) placed on any Services by us, or on our behalf, are protected by our (or our business partners/suppliers/advertisers or licensors) copyright and other intellectual property rights. You may not use these materials or any Services except in accordance with these Terms.
You acknowledge that all intellectual property and other rights in any Services, including without limitation any Account and content in the Services are and will remain the property of ours and/or our licensors. As part of the license granted under these Terms, you are only granted limited non-transferrable, non-sublicensable permission (which can be revoked at any time) to use such content or Services, subject to and in accordance with these Terms.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP, TITLE, OR OTHER PROPRIETARY INTEREST IN ANY SERVICES OR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF US.
We reserve the right to stop offering any Services at any time, either permanently or temporarily, at which point any license granted to you to use the Services or a part thereof will be automatically terminated or suspended. In such event, we shall not be required to provide refunds, benefits, or other compensation to users in connection with such discontinued elements of the Services unless required by law.
SUSPENDING OR TERMINATING YOUR ACCOUNT
If, acting reasonably, we consider that:
- our Terms or any Services rules have or may have been breached or will be breached;
- there has been fraudulent, unlawful, or abusive activity; and/or
- it is necessary in order to prevent or stop any harm or damage to us, to any Services, to other players, the general public or to you then: