Terms of Use

TERMS OF USE

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 http://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 info@shenix.app.

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 info@shenix.app. 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:

  1. our Terms or any Services rules have or may have been breached or will be breached;
  2. there has been fraudulent, unlawful, or abusive activity; and/or
  3. 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:

in our sole discretion, we may at any time: (i) suspend or terminate any or all of your Accounts; and/or (ii) restrict access to any content-uploading or other feature of the Services.

WE DO NOT GUARANTEE THE ONGOING SUPPLY OF ANY SERVICES OR THAT THE SERVICES OR ANY RELATED SERVICES OR CONTENT WILL BE AVAILABLE AT ALL TIMES, IN ALL LOCATIONS, OR AT ANY GIVEN TIME OR THAT WE WILL CONTINUE TO OFFER THE SERVICES, RELATED SERVICES OR CONTENT FOR A PARTICULAR LENGTH OF TIME. UPON REASONABLE NOTICE TO YOU (AND WITHOUT REASON), WE MAY SUSPEND OR TERMINATE ANY ACCOUNT AND YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ENTITLED TO ANY REFUND FOR ANY AMOUNTS PAID IN CONNECTION WITH THE ACCOUNT.

FUNCTIONING OF SERVICES

We will use reasonable endeavors to maintain the operation of the Services and rectify faults as quickly as possible. We reserve the right to modify, including by way of regular updates, the Services and we may have to suspend operation of any Services without notice for repair, maintenance, improvement, security, or any other reason. If so, we will do our best to ensure that the suspension is as short as possible. We cannot accept responsibility for such suspensions, interruptions or errors caused by circumstances outside of our reasonable control.

We cannot guarantee that any Services will work on or be compatible with or capable of being accessed on any particular devices, platforms, operating systems, or equipment, or in conjunction with any particular software or connectivity services not approved by us. We do not accept responsibility for such equipment, software, or services. We also do not guarantee that the Services can be accessed in all geographic locations.

THIRD PARTY SITES AND TECHNOLOGIES

THE SERVICES MAY INCLUDE LINKS TO INTERNET SITES OR OTHER TECHNOLOGIES SUPPLIED BY THIRD PARTIES. WE MAKE NO PROMISES ABOUT THOSE THIRD-PARTY SITES TECHNOLOGIES OR THEIR CONTENT, PRODUCTS OR SERVICES AS THESE ARE OUTSIDE OUR REASONABLE CONTROL.

ANY THIRD-PARTY SITES OR TECHNOLOGIES SUGGESTED ARE NOT ENDORSED, CONTROLLED OR VERIFIED BY US. WE DO NOT GUARANTEE THAT ANY SUGGESTED TECHNOLOGIES WILL WORK ON YOUR COMPUTER OR BE VIRUS FREE. ANY SUGGESTIONS MADE ARE NOT A WARRANTY OF ANY KIND AND WE ARE NOT RESPONSIBLE FOR ANY DISRUPTION, PROBLEM, DAMAGE, DATA LOSS, COST OR INCONVENIENCE CAUSED BY THE SUGGESTED SITES OR TECHNOLOGIES. WE WILL NOT PROVIDE SUPPORT FOR ANY SITES OR TECHNOLOGIES WHICH ARE NOT OUR OWN. WE EXERCISE NO CONTROL OVER THE COPYRIGHT, PATENT OR TRADEMARK COMPLIANCE OR LEGALITY OF THE SUGGESTED SITES OR TECHNOLOGIES.

LIABILITY DISCLAIMER

THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICES.  YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.  USE OF THE SERVICES AND THE CONTENT AVAILABLE ON THE SERVICES IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.  YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SERVICES IS FREE OF VIRUSES.

IN NO EVENT SHALL WE (NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY ON, OR USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY COMPUTER VIRUSES, INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, LINKED SITES, PRODUCTS, AND/OR SERVICES OBTAINED OR ACCESSED THROUGH THE SERVICES; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY ON, OR USE OF THE SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of us.

You agree to indemnify and hold us harmless from any losses, damages, judgments, fines and costs, including legal fees and expenses, in connection with any claims arising out of or relating to (a) your use of the Service, (b) your violation of any laws, rules or regulations (including, without limitation, data privacy and protection laws), (c) any misrepresentations by you, or (d) your breach of these Terms.

USE OF YOUR PERSONAL INFORMATION

We will use your personal data as set out in our Privacy Policy at http://shenix.app.

GENERAL

These Terms and any document incorporated by reference constitute the entire agreement between the parties with respect to its subject matter and supersede any previous terms between the parties in relation to such matters. The limitations, exclusions and restrictions in these Terms shall inure to the benefit of our licensors, successor, and assigns. These Terms are drafted in the English language and may be translated into other languages. The English language version of these Terms shall prevail if there is a conflict or inconsistency, or clarification required with other language versions. The headings in these Terms are for ease of reference only and shall be disregarded in construing or interpreting the Terms. If we fail to enforce any provision of these Terms, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. If any provision of these Terms is found by a court to be invalid, we agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that other provisions remain in full force and effect. We may transfer all or part of our rights or duties under these Terms provided we take reasonable steps to ensure that your rights under these Terms are not prejudiced. As these Terms are personal to you, you may not transfer any of your rights or duties under it without our prior written consent. A person who is not a party to these Terms shall have no rights to enforce any its terms. These Terms are governed by the laws of the state of Illinois. You and we both agree to the exclusive jurisdiction and venue of the state and federal courts in Illinois and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to use of the Services.

CONTACT US

For answers to your questions or ways to contact us, email us at info@shenix.app.

 

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