ACCEPTANCE OF TERMS
Zenfuse shall have the right at any time to change or discontinue any aspect or feature of the Zenfuse Service, including, but not limited to, content, access, or use.
SCOPE OF USE
CONSENT TO ELECTRONIC SIGNATURE
Zenfuse may, from time to time, ask you to accept this agreement, along with other online agreements and disclosures. By accessing and using the Zenfuse Service, you will be providing your electronic signature that will affirm:
LICENSE GRANT FROM ZENFUSE
USE OF THE ZENFUSE SERVICE
You agree that you will not: (i) use any electronic communication feature of the Zenfuse Service for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful; (ii) 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; (iii) use the Zenfuse Service for any commercial purpose not expressly approved by Zenfuse in writing; (iv) use the Zenfuse Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise), defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, publish, post, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. The foregoing provisions of this section are for the benefit of Zenfuse, its subsidiaries, affiliates, licensors, and agents (which term includes but is not limited to Zenfuse’s third-party service and content providers), and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Zenfuse reserves the right to terminate your access to the Zenfuse Service at any time, without notice or reason disclosure , and you agree that Zenfuse will not be liable to you or to any third party for any termination, suspension, or modification to your account.
Zenfuse reserves the right at all times to disclose any information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, and to edit, refuse to post or to remove any information or materials, in whole or in part, at its sole discretion. Materials uploaded to the Zenfuse Service may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials. Always use caution when giving out any personally identifiable information in any service. Zenfuse does not control or endorse the third-party content, messages, or information found in the Zenfuse Service. Zenfuse disclaims any liability with regard to the Zenfuse Service, and any actions resulting from your participation in the Zenfuse Service. Managers and hosts are not authorized Zenfuse spokespersons, and their views do not necessarily reflect those of Zenfuse.
USER ACCOUNT, PASSWORD, AND SECURITY
You understand and acknowledge the risk that data, including e-mail, and other communications, along with personal data, may be accessed by unauthorized third parties when communicated in this way.
If you choose to create a user account, you agree to complete the registration process by providing Zenfuse with current, complete and accurate information as prompted by the applicable registration form. You will also choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Zenfuse immediately of any unauthorized use of your account or any other breach of security. YOU WILL NOT HOLD ZENFUSE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF ANY MISUSE OF YOUR LOGIN INFORMATION, WHETHER WITH OR WITHOUT YOUR KNOWLEDGE. You acknowledge that you may be held liable for losses incurred by Zenfuse and/or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
We will never publicly share or sell any user portfolio data. We also recommend that you take steps to secure the confidentiality of your portfolio(s) on Zenfuse and restrict access to your mobile device and computer. Zenfuse and its affiliates reserve the right to suspend or terminate your portfolio(s) or remove content on the Zenfuse Properties at its sole discretion.
NO INVESTMENT ADVICE OR RECOMMENDATIONS; MARKET INFORMATION
We may make available to you certain financial information, including information that we obtain from our agents (“Market Information”). Zenfuse makes this information available to you as a service for your convenience; Zenfuse neither endorses nor approves such Market Information. Zenfuse neither (1) guarantees the accuracy, timeliness, or completeness of Market Information, nor (2) warrants any results from your use or reliance on the Market Information. You agree that you use Market Information at your own risk.
The Market Information and any related content are for information, education, and entertainment purposes only. Although Zenfuse may provide information relating to investment approaches and opportunities to buy or sell securities, you should not construe any Market Information, features, tools or other content available through the Zenfuse Service as legal, tax, investment, financial or other advice. Nothing contained in the Zenfuse Service or any other content on the Zenfuse website constitutes a solicitation, recommendation, endorsement, or offer by Zenfuse to buy or sell any securities or other financial instruments. You understand that Zenfuse is not the source of the Market Information, and does not warrant its accuracy.
You alone assume the sole responsibility of evaluating the merits and risks associated with the use of the Zenfuse Service, the Zenfuse website, and any related service before making any decisions based on Market Information or content. In exchange for using the Zenfuse Service, you agree not to hold Zenfuse or its agents liable for any possible claim for damages arising from any decision you make based on information made available to you through the Zenfuse Service, the Zenfuse website, or any related service.
You agree that neither Zenfuse nor its agents will be liable to you in any way for the termination, interruption, delay, or inaccuracy of any Market Information. You agree that you will neither redistribute nor facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized by Zenfuse to receive Market Information.
WITHOUT LIMITING THE FOREGOING, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF, THE ZENFUSE SERVICE AND ANY MATERIALS OR CONTENT FOUND THEREIN, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU ACKNOWLEDGE THAT ZENFUSE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS, AND THAT YOU ALONE ARE ASSUMING THE RISK OF INJURY FROM THE FOREGOING, TO THE FULLEST EXTENT OF THE LAW. IN NO EVENT WILL ZENFUSE, ITS AFFILIATES, ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, LICENSORS OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR PROVIDING THE ZENFUSE SERVICE OR THE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE ZENFUSE SERVICE. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER ZENFUSE NOR ITS AFFILIATES, AGENTS, INFORMATION PROVIDERS, OR CONTENT PARTNERS, SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE ZENFUSE SERVICE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. ZENFUSE SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ZENFUSE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE ZENFUSE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ZENFUSE BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF YOU OR THE RELEVANT PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM LOSS FROM YOUR: (I) INABILITY TO USE, (II) USE, AND/OR (III) MISUSE, DATA; NOR SHALL ZENFUSE BE LIABLE FOR ANY LOSS OF PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE ZENFUSE SERVICE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE RELATED TO THE ZENFUSE SERVICE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL ZENFUSE OR ITS AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY ARISING IN CONNECTION WITH THE USE OF THE ZENFUSE SERVICE, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED BY ZENFUSE. ZENFUSE AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU AND/OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF ZENFUSE AND/OR ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE ZENFUSE SERVICE; (II) THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS; (III) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE ZENFUSE SERVICE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANYONE ON THE ZENFUSE SERVICE; (VI) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY, EVEN IF THE THIRD PARTY HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (VII) ANY OTHER MATTER RELATING TO THE ZENFUSE SERVICE. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD ZENFUSE RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE ZENFUSE SERVICE.
Because some states prohibit the limitation of liability for consequential or incidental damages, in such states the limitation of liability only with respect to consequential or incidental damages may not apply to you, and the respective liability of Zenfuse and its agents, employees, distributors and agents is limited to the greatest extent allowable under applicable law in those states.
LINKS TO THIRD-PARTY SITES
LINKS FOUND IN THE ZENFUSE SERVICE MAY LET YOU LEAVE THE ZENFUSE SERVICE TO ENTER OTHER SITES. YOU ACKNOWLEDGE THAT SUCH LINKED SITES ARE NOT UNDER THE CONTROL OF ZENFUSE, AND ZENFUSE IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. ZENFUSE IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ZENFUSE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT OF THE SITE BY ZENFUSE.
You agree to defend, indemnify and hold harmless Zenfuse, its affiliates and their respective owners, directors, officers, employees and agents from and against all Federal, State, and International, claims, demands, losses, costs, and/or expenses, including attorneys’ fees, arising out of the use of the Zenfuse Service by you or by your account on the Zenfuse Service.
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