Terms of Use

Ecuity Edge, LLC

The following Terms of Use outline your obligations when using the Ecuity Edge website. You can also review our Privacy Policy, which outlines our obligations and practices towards handling any personal information that you may provide to us.

1. Acceptance of Terms

(a.) By (i) using this website or any other websites of Ecuity Edge, its affiliates and agents with links to these Terms of Use (the “General Terms”) (the “Site”) in any way, including using, transmitting, downloading or uploading any of the services or functionality (“Services”) or Materials made available or enabled via the Site by Ecuity Edge or users of the Site (“Users”), or (ii) merely browsing the Site, you agree to these General Terms and the Ecuity Edge Online Privacy Policy at http://www.ecuityedge.com/privacy , which is incorporated herein by reference. “Materials” includes any (x) information, data, documents, images, photographs, graphics, audio, videos, or webcasts, (y) products, and (z) code and associated documentation (“Software”), in each case made available or enabled by Ecuity Edge or users of the Site.

(b.) You may not use the Services, or accept the General Terms, if (i) you are not of legal age to form a binding contract with Ecuity Edge, or (ii) you are prohibited by law from receiving or using the Services.

(c.) Ecuity Edge makes certain Services and Materials available only if you have paid a fee or have provided Ecuity Edge certain Registration Information (as such term is defined in the Ecuity Edge Online Privacy Policy) and/or created an Ecuity Edge ID and password or other log-in ID and password (collectively, “Account Information”). Some Services may also be subject to a subscription or other agreement, posted guidelines, rules, or terms of service (“Additional Terms”). If there is any conflict between the General Terms and the Additional Terms, the Additional Terms take precedence in relation to that Service. The General Terms and any applicable Additional Terms are referred to herein as the “Terms”.

(d.) Ecuity Edge may change the Terms from time to time at its sole discretion, including by imposing a charge for access to or use of a Service. If such changes are made, Ecuity Edge will make a new copy of the General Terms available at the Site, with any new Additional Terms made available to you from within or through the affected Service. Ecuity Edge may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. Otherwise, your continued use of the Site or any affected Service constitutes your acceptance of the changes. Your use of the Site, Materials and Services is subject to the most current version of the Terms posted on the Site, or within or through the affected Service, at the time of such use. Please regularly check the Site to view the then-current Terms.

(e.) Services and Materials provided by third parties are governed by separate agreements accompanying such Services and Materials.

Use of Site, Services and Materials

(a.) You agree to adhere to all limitations on dissemination, use and reproduction of any Materials that you download or access from the Site.

(b.) Unless expressly agreed to by Ecuity Edge in writing elsewhere, Ecuity Edge has no obligation to store any Materials that you upload, post, email, transmit or otherwise make available through your use of the Site or via the Services (“Your Content”). Ecuity Edge has no responsibility or liability for the deletion or accuracy of any Materials, including Your Content, the failure to store, transmit or receive transmission of Materials, or the security, privacy, storage or transmission of other communications originating with or involving use of the Services. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Ecuity Edge retains the right to create reasonable limits on Ecuity Edge’s use of the Materials, including Your Content, as otherwise determined by Ecuity Edge in its sole discretion.

(c.) You agree to use the Services and the Materials only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction (including any laws regarding the export of data or software to and from the United States or other applicable countries) (“Law”).

(d.) You agree not to access or attempt to access the Services by any means other than the interface provided by Ecuity Edge.

Ownership

(a.) The Site, Services and Materials, and their selection and arrangement, are protected by copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual and proprietary rights (the “Intellectual Property Rights”). Except as expressly provided in the Terms, Ecuity Edge and its suppliers do not grant any express or implied rights to use the Site, Services and Materials.

(b.) The trademarks, logos and service marks displayed on the Site (the “Marks”) are the property of Ecuity Edge or third parties. You are not permitted to use the Marks without the prior consent of Ecuity Edge or the third party that may own the Marks. Ecuity Edge and the Ecuity Edge logo are trademarks of Ecuity Edge, LLC.

Use of Software

(a.) Any Software that is made available via the Site is the property of Ecuity Edge and its suppliers. Use of such Software is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the Site page(s) accompanying the Software. License terms may only be posted with the Software downloads or at the Site page where the Software can be accessed. You shall not use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, redistribution or use on a service bureau basis. If there is any conflict between the Terms and the license agreement, the license agreement shall take precedence in relation to that Software (except for as provided in the following sentence). If the Software is a pre-release version, then, notwithstanding anything to the contrary included within an accompanying license agreement, you are not permitted to use or otherwise rely on the Software for any commercial or production purposes.

(b.) If no license agreement accompanies the Software, use of the Software will be governed by the Terms. You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the Software. You may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.