Last updated: November 30, 2020
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE.
This is an agreement between you and Securitize Markets, LLC (“Securitize Markets”).
The www.securitizemarkets.io website (the "Site") is comprised of various web pages operated by Securitize Markets and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these Terms carefully and keep a copy of them for your reference. In order to register to use or use the Securitize Markets website, you will also be required to accept the terms and conditions of the Securitize Markets authorized user terms (“Authorized User Agreement”) made available to you at the time of registration. The Authorized User Agreement will govern your access to and use of the Securitize Markets website and services.
Eligibility to Use the Site
Securitize Markets does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. To be eligible to use the Site, you must be at least 18 years old.
Creating a Securitize Markets Account
In order to use the Securitize Markets Services you will need to accept the terms of the Authorized User Agreement and register for a Securitize Markets account (a "Securitize Markets Account"). During the registration process, we will ask you for information, including your name and other personal information, to verify your identity. We may, at our sole discretion, refuse to open a Securitize Markets Account for you, or limit the number of Securitize Markets Accounts that you may hold.
Visiting the Site or sending emails to Securitize Markets constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Securitize Markets is not responsible for third party access to your account that results from theft or misappropriation of your account. Securitize Markets and its associated persons reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Links to Third Party Sites/Third Party Services
The Site may contain links to third-party websites ("Linked Sites"). The Linked Sites are not under the control of Securitize Markets and Securitize Markets is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Securitize Markets is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Securitize Markets of the site or any association with its operators.
Securitize Markets has no control over, or liability for, the delivery, quality, safety, legality, or any other aspect of any goods or services that you may purchase or sell to or from a third party (including other users of Securitize Markets Services). Securitize Markets is not responsible for ensuring that a buyer or a seller you may transact with will actually complete the transaction or is authorized to do so. If you experience a problem with any purchases from, or sold to, any third party, or if you have a dispute with such third-party, you must resolve the dispute directly with that third party. If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify Securitize Markets Support at email@example.com so that we may consider what action to take, if any.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Securitize Markets that you will not use the Site for any purpose that is unlawful or otherwise prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Securitize Markets or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Securitize Markets content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Securitize Markets and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Securitize Markets or our licensors except as expressly authorized by these Terms.
You may be able to connect your Securitize Markets account to third-party accounts. By connecting your Securitize Markets account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Site is controlled, operated and administered by Securitize Markets from its offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend, and hold harmless Securitize Markets, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site, any user postings made by you, your violation of any of these Terms, or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Securitize Markets reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Securitize Markets in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to FINRA rules administered by FINRA, when required, or the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitration award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims that are a result of these Terms. The parties agree that FINRA rules, when required, or the Federal Arbitration Act, when a FINRA forum is not required, governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
Class Action Waiver Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Securitize Markets agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SECURITIZE MARKETS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SECURITIZE MARKETS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SECURITIZE MARKETS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Securitize Markets reserves the right, in its sole discretion, to terminate your access to the Site or any portion thereof at any time, without notice. To the maximum extent permitted by law, these Terms are governed by the laws of the State of California, and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
The information to which this Site gives access does not constitute an offer or an invitation to purchase securities offered through the Securitize Markets Services in the United States or in any other jurisdiction in which such offer or invitation is not authorized or to any person to whom it is unlawful to make such offer or invitation. Potential users of information obtained from issuers through the Securitize Markets Services are requested to inform themselves about and to observe any such restrictions. Securities cannot be offered or sold in the United States without registration under the United States Securities Act of 1933, as amended, or pursuant to an exemption from such registration.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Securitize Markets as a result of these Terms or use of the Site. Securitize Market’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Securitize Markets’ right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Securitize Markets with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
Securitize Markets shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages. Always log into your accounts through the Site to review any required actions if you have any uncertainty regarding the authenticity of any communication or notice.
Securitize Markets shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence, including pandemics, which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
Changes to Terms
Securitize Markets reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Securitize Markets encourages you to periodically review the Terms to stay informed of our updates.
Securitize Markets welcomes your questions or comments regarding the Terms:
Mailing Address: 535 FIFTH AVE, 16TH FLOOR, NEW YORK, NY 10017 UNITED STATES
Securitize Markets, LLC.
Email Address: firstname.lastname@example.org
Telephone number: +1 (646) 918-5012
APPENDIX 1: E-SIGN DISCLOSURE AND CONSENT
This policy describes how Securitize Markets, LLC. delivers communications to you electronically. We may amend this policy at any time by providing a revised version on our website. The revised version will be effective at the time we post it. We will provide you with prior notice of any material changes via our website.
Electronic Delivery of Communications
You agree and consent to receive electronically all communications, agreements, documents, notices, and disclosures (collectively, "Communications") that we provide in connection with your use of this Site:
We will provide these Communications to you by posting them on the Securitize Markets website, emailing them to you at the primary email address you may provide to Securitize Markets, and/or through other electronic communication such as text message or mobile push notification approved for use by Securitize Markets.
Hardware and Software Requirements
In order to access and retain electronic Communications, you will need the following computer hardware and software:
Securitize Markets is owned by Securitize, a global leader in enabling digital securities for private capital markets. Learn more how Securitize is transforming private capital markets with digital securities.
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