TERMS & CONDITIONS
"I have read the agreement below and agree to its terms"
These Terms and Conditions of Use ("Agreement") is a legal agreement between you and PersonaFi, Inc, a Delaware Corporation (hereinafter referred to as "PersonaFi"), the owner and developer of www.personafi.co and PersonaFi Mobile Application (together referred to as “Services”). By registering for any service provided on PersonaFi you become a client ("Client") and you agree to be bound by all of the terms (the "Terms") set forth in this Agreement as long as you remain a Client. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY OF PERSONAFI’S SERVICES. THE TERMS ARE SUBJECT TO CHANGE AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE SERVICES. PERSONAFI RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT PERSONAFI'S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
THE TERMS ARE SUBJECT TO CHANGE AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU.
BY CLICKING THE "I AGREE" BUTTON BELOW, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO WWW.PERSONAFI.CO OR ITS APPLICATION. PERSONAFI RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.
2) ACCESS TO THESE SERVICES. To access these Services, the Services’ resources, links or other content, you may be asked to provide certain registration details or other information. It is a condition of your use of these Services that all the information you provide will be correct, current, and complete. If PersonaFi believes the information, you provide is not correct, current, or complete, PersonaFi has the right to deny access to these Services, or to any of its resources, and to terminate or suspend your access at any time.
3) APPLICABLE USE OF THESE SERVICES. You may use these Services only for purposes expressly permitted by this Agreement. As a condition of your use of PersonaFi's Services, you warrant to PersonaFi that you will not use the Services for any purpose that is unlawful, immoral, or otherwise prohibited by these terms, conditions, and notices.
5) CONFIDENTIALITY. It is agreed that all personal information given to PersonaFi, will be kept confidential by PersonaFi, with the following exceptions: (1) basic biographical information (i.e. age, sex, race) will be posted with your user ID for others to view; (2) you actively chose to post your personal information for others to see; (3) you send a message to another client, which will disclose your e-mail address to that client or (4) you have harassed another person via any service provided by PersonaFi, in which case the confidentiality clause contained in this Agreement is rendered null and void.
6) INTELLECTUAL PROPERTY. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works of, transfer, sell, or otherwise infringe upon any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to PersonaFi's Services, in whole or in part. You agree that you will not attempt to: (i) modify or translate the Software; (ii) decompile or disassemble any of PersonaFi’s Services including any of the PersonFi’s Software (“Software”), (iii) create derivative works based on the Services or Software; (iv) merge the Services or Software with another product; (v) copy the Services or Software; (vi) or remove or obscure any proprietary rights, notices, or labels on the Services or Software.
NO UNLAWFUL ACCESS. You agree that you will not use PersonaFi's Services in any manner that could in any way disable, overburden, damage, or impair the Services or otherwise interfere with any other party's use and enjoyment of the Services. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the PersonaFi’s Services.
8) PROPRIETARY INFORMATION. All content found on the PersonaFi Services (the "Content") is considered the copyrighted, trade secret and trademarked intellectual property of PersonaFi, or of the party that created and/or licensed the Content to PersonaFi. No rights or title to any of the Content contained on any of PersonaFi’s Services shall be considered transferred or assigned to the User at any time. Subject to all applicable laws, you agree that you will not copy, distribute, republish, modify, create derivative works of, or otherwise use the Content in any unauthorized way, without the prior written consent of PersonaFi in each instance, except that you may print out and/or save one copy of the Content for your personal use only.
9) SUBMISSIONS. You hereby grant to PersonaFi a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature communicated by you (or on your behalf) to PersonaFi through these Services (each, a "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that PersonaFi will not be bound to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future PersonaFi operations or businesses.
10) HYPERLINKING. The Services may be hyperlinked to and by other websites which are not maintained by, or related to, PersonaFi. Hyperlinks to such sites are provided as a service to Users and are not sponsored by, endorsed or otherwise affiliated with these Services or PersonaFi. PersonaFi has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from a PersonaFi Services to another web page should be accessed at the User's own risk. PersonaFi makes no representations or warranties about the content, completeness, quality or accuracy of any such website, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via these Services.
11) RISKS OF INVESTING. PersonaFi is providing Services that include opinions on Securities and investing. PersonaFi shall not be liable for any opinions by its Users nor does PersonaFi provide investment, tax or legal advice regarding investments made by you. You are solely responsible for evaluating the merits and risks associated with the use of any Content on the Services before making any investment or other decision based on the Services. To the maximum extent allowed by law, you agree not to hold PersonaFi or the Information Providers liable for any possible claim for damages arising from any decision you make based on information made available to you through the Services.
12) USE OF COMMUNICATION SERVICES. PersonaFi's Services may contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, "Communications Services"). You agree to use the Communication Services only to post, send, and receive messages and content that are considered proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with these Services, or cause to be posted, sent, submitted, published or transmitted, any material that:
a)you will not post any User Content that does not comply with these Terms;
b)you do not have the right to post, including without limitation any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
c)advocates or could reasonably serve to encourage, either directly or indirectly, any illegal or immoral activity, or discusses an intent to commit an illegal act or violate any law, rule, or regulation;
d)is vulgar, obscene, pornographic, incendiary, or indecent;
e)threatens or abuses others;
f)is libelous or defamatory towards others;
g)is racist, abusive, harassing, threatening or offensive;
h)seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
i)harvests or otherwise collects information about others, including e-mail addresses, financial information or other personally identifying information, without their prior express consent in each instance;
j)impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
k)falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices);
l)advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on these Services;
m)you will not intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission; the U.S. Commodity Futures Trading Commission; self-regulatory organizations such as the Financial Industry Regulatory Authority, Inc., and the National Futures Association; any rules of any national or other securities exchange; and any regulations having the force of law;
n)solicits funds, advertisers or sponsors for any purpose;
o)includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications device;
p)disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via these Services;
q)amounts to a pyramid or other like scheme, including without limitation contests, chain letters, and surveys;
r)disobeys any policy or regulations including any code of conduct or other guidelines established from time to time regarding the use of these Services and/or any networks connected to these Services; or
s)contains hyperlinks to other sites that contain content that falls within the scope of this Section.
You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction, and/or dissemination, and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither PersonaFi nor any third party that provides Content to PersonaFi will assume or have any liability for any action made by PersonaFi or such third party with respect to any submission. You will not hold PersonaFi and/or any Third-Party provider liable in any way for (a) any inaccuracy of, error or delay in, or omission of the Content; or (b) by any loss or damage arising from or occasioned by (i) any error of delay in the transmission of such Content.
You acknowledge that the Services may or may not pre-screen materials uploaded to the Communication Service, yet the Services and its designees shall have the right, but not the obligation, in its sole discretion, to pre-screen, refuse, remove, or delete any Content that violates this Agreement or is otherwise objectionable as determined by PersonaFi in its sole discretion.
The PersonaFi reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Communication Services (or any part thereof) with or without notice. You agree that the PersonaFi will not be liable to you or any third party for any modification, suspension, or discontinuance of the Communication Services.
WHILE THE SERVICES EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOUR USE OF THE PERSONAFI’S SERVICES IS ENTIRELY AT YOUR OWN RISK, AND THAT THE SERVICES SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.
YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF COMMUNICATIONS SERVICES VIOLATES ANY OF THE ABOVE CODES OF CONDUCT, THE SERVICES CAN SUSPEND AND/OR TERMINATE YOUR USE OF PERSONAFI’S SERVICES IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR HEARING.
14) DISCLOSURE UNDER LAW. PersonaFi reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
16) DISCLAIMER & LIMITATIONS ON LIABILITY. You understand that PersonaFi cannot and does not guarantee or warrant that files available on PersonaFi Services will be free of viruses, worms, Trojan horses, or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to these Services. PersonaFi further disclaims any responsibility to ensure that the Content located on its Services is necessarily complete and up to date.
YOUR USE OF THESE SERVICES IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. PERSONAFI DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. PERSONAFI DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY PERSONAFI SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THESE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PERSONAFI DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND PERSONAFI MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THESE SERVICES OR ITS CONTENT. PERSONAFI MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
PERSONAFI, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF PERSONAFI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PERSONAFI AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO PERSONAFI FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. ALL CLAIMS MADE BY YOU HEREUNDER MUST BE MADE WITHIN ONE YEAR OF THE ACTION TO WHICH SUCH CLAIM RELATES OR FOREVER BE BARRED.
PERSONAFI AND ITS EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSOCIATES DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR ANALYSIS ON ITS SERVICES. THERE MAY BE OMISSIONS OR INACCURACIES ON THESE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, PERSONAFI SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THESE SERVICES AND MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATION OR WARRANTY REGARDING THE INFORMATION CONTAINED HEREIN. PERSONAFI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THESE SERVICES OR ANY INFORMATION DISPLAYED ON THESE SERVICES.
18) TRADEMARKS AND COPYRIGHTS. Trademarks, service marks, logos, trade names, and copyrighted works (hereinafter, "Intellectual Property") appearing on these Services are the property of PersonaFi or the party that provided the Intellectual Property to PersonaFi. PersonaFi and any party that provides Intellectual Property to PersonaFi retain all rights with respect to any of their respective Intellectual Property appearing on these Services and do not transfer at any time to user and/or any other third party.
19) COPYRIGHT INFRINGEMENT. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PersonaFi's copyright agent (as designated herein) all of the written information specified below. Please note that this procedure is exclusively for notifying PersonaFi and its affiliates that your copyrighted material has been infringed. Please include the following:
a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b) A description of the copyrighted work that you claim has been infringed upon;
c) A description of where the material that you claim is infringing is located on the Services, including the current Website address;
d) Your address, telephone number, and e-mail address;
e) A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, and/or the law;
f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
PersonaFi's Copyright Agent for notice of claims of copyright infringement on its Services can be reached as follows:
HPS Law Group LLC
123 N Centennial Way, Ste 205, Mesa, AZ 85201
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD PERSONAFI HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PERSONAFI DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PERSONAFI OR LAW ENFORCEMENT AUTHORITIES.
21) TERMINATION. YOUR RIGHTS WILL TERMINATE AUTOMATICALLY IF YOU FAIL TO COMPLY WITH ANY OF THE TERMS OF THIS AGREEMENT. Additionally, this license will terminate immediately upon nonrenewal or nonpayment of License term whether it be month to month or a yearly subscription. You may terminate this license at any time by deleting the Services together with all copies and merged portions in any form from your smart device or portable computer. Your license for the Services will also terminate immediately if you fail to comply with any term or condition of this Agreement, file for bankruptcy, or are placed in receivership. Upon such termination, you agree to destroy the Services, together with all copies thereof. You agree that you will not be entitled to a refund of any applicable license fee upon early termination of this Agreement.
23) RIGHT TO MONITOR. PersonaFi reserves the right, but are not obligated, to monitor materials and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on these Services.
24) NO WARRANTIES. PersonaFi provides Services on an "as is" basis and do not make any warranty, express, implied, limited or other with respect to the services provided. Specifically, the PersonaFi does not warrant that the service will always be available, be uninterrupted, be error free, meet your requirements, or that any defects in the services will be corrected.
25) SEVERABILITY. If any provision is found to be invalid, the remaining provisions will be in full force and effect.
26) CERTIFICATION. You certify that you are at least 18 years of age and that your answers to the registration materials on Services will be truthful. In accessing and using the PersonaFi’s Services, you understand and agree that basic information concerning you, given to the PersonaFi, will be published on the website for others to view along with your User ID. Your name, address and e-mail address are kept confidential, except where provided above.
27) ENTIRE AGREEMENT. This Agreement constitutes your entire Agreement with PersonaFi with respect to any services.
28) WAIVER. The failure of PersonaFi to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by PersonaFi must be in writing and signed by an authorized representative of the PersonaFi.
29) VIOLATIONS. Please report any violations of this Agreement to the PersonaFi at email@example.com. If you have any questions regarding this Agreement, please contact us at the above email.