Terms & Conditions

1. Acceptance and Changes to this Agreement

This Agreement governs your access to and use of the Site. Etherealize reserves the right, at its discretion and with or without notice, to modify this Agreement at any time by posting the modified Agreement to the Site. Any such modification is effective immediately upon posting unless another effective date is expressly stated. The most current version of this Agreement, which supersedes all previous versions, can be reviewed at https://www.etherealize.com/terms. You should review this Agreement periodically. Your continued use of the Site following the posting of changes constitutes your acceptance of those changes.

2. Privacy

Your use of the Site is also governed by our Privacy Policy, available at https://www.etherealize.com/privacy, which is incorporated into this Agreement by reference. In addition, when using the Site you are subject to any posted policies, guidelines, or rules applicable to the Site, all of which are incorporated by reference. Please review our Privacy Policy to understand our practices regarding the information we collect.

3. Informational Purpose; No Professional Advice; No Offer

The Site and its contents are provided for general informational purposes only. The content on the Site (including any descriptions of Etherealize, its products, services, technology, or the digital-asset and financial markets) does not constitute, and should not be relied upon as, legal, financial, investment, tax, accounting, or other professional advice. Opinions, statements, and other content on the Site are not to be construed as professional advice from Etherealize, and Etherealize does not guarantee the accuracy or completeness of any information provided and is not responsible for any loss resulting from your reliance on such information.

Nothing on the Site constitutes, or is intended to be, an offer or solicitation to buy or sell any security, financial instrument, digital asset, or other product or service, or a recommendation to enter into any transaction, in any jurisdiction. You should consult your own professional advisors before making any decision based on information found on the Site.

4. Site Content

The Site is provided on an "as is" basis and may rely on internet and third-party services not under our direct control. While we strive to provide accurate information, we do not warrant that the descriptions or other content on the Site are accurate, complete, or current. We reserve the right to correct any errors and to change or update content at any time without notice. We do not warrant that the Site or any of its features will be available at all times or will function in an error-free manner, and we reserve the right to modify, suspend, or cease operating the Site or any of its features at any time.

5. Intellectual Property

All content on the Site (including, without limitation, text, graphics, logos, trademarks, service marks, trade names, images, audio, video, data compilations, and software) is and shall remain the property of Etherealize or its content suppliers and licensors and is protected by applicable copyright, patent, trademark, and other proprietary rights laws. The "Etherealize" name and logo and all related names, logos, product and service names, designs, and slogans are trademarks of Etherealize or its affiliates. Any copying, reproduction, republication, distribution, transmission, modification, display, or other use by you of any such content, or of any part of the Site, is prohibited except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Site.

6. Permitted Use and License Restrictions

Etherealize grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site solely for your own personal and internal informational purposes, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or any commercial purpose, without our prior express written permission. You agree not to:

• (a) copy, reproduce, distribute, or create derivative works from Site content except as expressly permitted;
• (b) reverse engineer, decompile, or attempt to access the source code of, or hack, disrupt, or interfere with, the Site or its underlying systems;
• (c) use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission;
• (d) use the Site or any content in violation of any applicable law or regulation, or to infringe the rights of any third party; or
• (e) introduce any viruses, malware, or other harmful material, or take any action that imposes an unreasonable load on our infrastructure.

Your use of the Site is at Etherealize's discretion, and we may suspend or terminate your access at any time, with or without notice, for any reason.

7. Links to Other Sites

The Site may contain links to third-party websites or resources. This Agreement and our Privacy Policy do not apply to those third-party sites, which have their own terms and policies. We provide such links for convenience only and do not endorse and are not responsible for the content, products, or services of any third-party site. You should review the terms of use and privacy policies of any third-party site you visit.

8. Compliance with Laws

You agree to comply with all applicable federal, state, local, and international laws and regulations in connection with your use of the Site. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with all local laws, including with respect to the export and import of data. You further represent that any information you provide to us is truthful and accurate to the best of your knowledge.

9. Indemnification

You agree to indemnify, defend, and hold harmless Etherealize and its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, and directors (the "Indemnified Parties") from and against any and all liabilities, losses, claims, damages, judgments, awards, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your violation of this Agreement or your use of the Site, including any claims brought by third parties arising out of your use of any content or information accessed through the Site.

10. Disclaimer of Warranties

THE SITE AND ALL INFORMATION AND CONTENT ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ETHEREALIZE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

ETHEREALIZE MAKES NO WARRANTY THAT (1) THE SITE WILL MEET YOUR REQUIREMENTS; (2) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (4) ANY DEFECTS WILL BE CORRECTED. ETHEREALIZE DOES NOT WARRANT THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ETHEREALIZE OR THROUGH THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE IS TO DISCONTINUE USING THE SITE.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL ETHEREALIZE OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LOSS OF DATA, OR THE LIKE), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE), ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR USE OF OR INABILITY TO USE THE SITE, OR ANY CONTENT ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR ITS CONTENT IS TO CEASE ALL USE OF THE SITE.

You may have additional rights under certain laws (including consumer-protection laws) that do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages. If those laws apply to you, some or all of the above exclusions or limitations may not apply, and Etherealize's liability will be limited to the greatest extent permitted by law.

12. Class-Action Waiver and Time Limitation

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

(a) Class-Action Waiver. YOU AND ETHEREALIZE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

(b) Time Limitation. YOU AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR BE FOREVER BARRED.

13. Governing Law and Venue

This Agreement, and any dispute arising out of or relating to it or the Site, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-laws provisions. You agree to the personal and exclusive jurisdiction of, and venue in, the state and federal courts located in New York County, New York.

14. Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be unlawful, invalid, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and modified to give the fullest effect possible to its original intent, so that the remaining provisions of this Agreement remain in full force and effect.

15. Waiver

The failure of Etherealize to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Etherealize.

16. Relationship of the Parties

Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employment relationship between you and Etherealize. Neither party has any authority to incur, assume, or create any obligation of any kind, express or implied, in the name of or on behalf of the other.

17. Entire Agreement

This Agreement, together with the Privacy Policy and any other policies or guidelines posted on the Site and incorporated by reference, constitutes the entire agreement between you and Etherealize with respect to the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Etherealize with respect to the Site.

18. Contact Information

If you have any questions about this Agreement, please contact us at web@etherealize.com.