1. Acceptance and Amendments
4. Intellectual Property
All content included on this site, including without limitation the Pricing Data, is and shall continue to be the property of DAR or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the website 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 this website.
5. Access and Use
DAR grants you a limited, revocable, nonexclusive license to use the DAR website solely for your own personal and non-commercial use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use without the prior written consent of DAR. You acknowledge that you do not acquire any ownership rights by downloading or printing website Content. You agree to comply with all applicable federal, state, and local laws including, but not limited to, intellectual property and copyright laws, and all import/export laws. You further agree that information provided by you is truthful and accurate to the best of your knowledge. Prohibitions. You may not:
- remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the website;
- circumvent, disable or otherwise interfere with security-related features of our website;
- use an automatic device (such as a robot or spider) or manual process to copy or “scrape” our website for any purpose;
- collect or harvest any personally identifiable information from our website or mobile app including, without limitation, user names, passwords, email addresses;
- use the website to solicit other users;
- attempt to or interfere with the proper working of our website or impair, overburden, or disable the same;
- decompile, reverse engineer, or disassemble any portion of any our website;
- use network-monitoring software to determine architecture of or extract usage data from our website;
- encourage conduct that violates any local, state or federal law, either civil or criminal;
- engage in any conduct that restricts or inhibits any other user from using or enjoying our service.
6. Pricing Data
For the purposes of this agreement, “Pricing Data” means all data related to digital asset pricing, which may include, without limitation, aggregated pricing data, references prices, or volume averages. Subject to the restrictions below and all other terms of this Agreement, DAR hereby grants you a worldwide, royalty-free, revocable, nonexclusive, nontransferable, non-sublicensable, limited right and license, to use the Pricing Data solely for your own internal and non-commercial purposes and in accordance with all applicable laws and regulations.
Prohibitions. You may not:
- alter, manipulate or misrepresent the Pricing Data;
- redistribute, display or disseminate the Pricing Data, or any derivative works basedon the Pricing Data, to any third party;
- use the Pricing Data, or any derivative works based on the Pricing Data, directly or indirectly, to create any indexes, benchmarks or financial products, instruments or derivatives;
- use the Pricing Data for any other purpose that is not solely for your own personal internal use including use as a reference in any financial contract, to measure the performance of an investment fund, computing performance fees or defining the asset allocation of a portfolio.
7. Website Content & Third Party Links
- We provide our website content, for the commercial, entertainment and promotional purposes of DAR. You may not rely on any information and opinions expressed on our website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any content.
- In many instances, content will include third-party materials or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on our website or by anyone other than authorized employees or spokespersons while acting in their official capacities.
- If there is a dispute between persons accessing our website or between persons accessing our websites and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release DAR and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
- Our website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third- party websites. DAR has not reviewed any or all of such sites and it’s not responsible for the content of any linking sites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE AND IS AT YOUR SOLE RISK. OUR WEBSITE AND WEBSITE CONTENT, INCLUDING WITHOUT LIMITATION THE PRICING DATA, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, DAR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, DATA PROVIDERS AND RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE AND PRICING DATA WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR PRICING DATA; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OR ACCESSED THROUGH OUR WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, CONTENT OR PRICING DATA; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE, THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation on Liability
11. Choice of Law
12. Dispute Resolution
- If either of us wants to arbitrate a Dispute, we agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. We will send notice to you based on the contact information you have provided us and notice to us must be sent to: email@example.com. We agree to make attempts to resolve the dispute. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we may submit the dispute to formal arbitration.
- The FAA applies to this Agreement and arbitration provision. We each agree the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
- We each agree not to pursue arbitration on a class wide basis. We each agree that any arbitration will be solely between you and us (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the dispute must be brought in court.
- We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other fees and costs relating to the arbitration.
14. Contact information