Please read the terms and conditions in this Terms of Use agreement (the “Agreement”) carefully. By accessing or otherwise interacting with the CaliberX platform, whether through application program interfaces or through our websites and mobile applications (including caliberexchange.com or caliber.exchange and any of their subdomains, the “Platform”), you agree to be bound by the terms and conditions in this Agreement. If you do not accept these terms and conditions, do not use the Platform. This Agreement is a contract between you and Caliber Exchange Corp. and its affiliates (referred to below as “CaliberX” or “we” or “us”), and applies only to the Platform and not to other websites that may be accessible from or linked to the Platform. We are responsible only for the content of our own Platform. We encourage you to review the user agreements of all other websites that you visit. CaliberX may change this Agreement from time to time, at our sole discretion. If we make any substantial changes in this Agreement, we may notify you by reasonable means, including by posting a prominent announcement on our home page. Please check this page regularly to ensure that you are familiar with the current version of the Agreement. By your continued use of the Platform after publication of the revised Agreement, you accept and agree to the terms and conditions in the revised Agreement.
While using the Platform, you agree to comply with this Agreement and all applicable laws, rules and regulations, and will not encourage or promote any activity that violates this Agreement. By accessing or otherwise using the Platform, you agree that you will not under any circumstances:
You acknowledge that the content of the Platform is for general, informational purposes only and is not intended to constitute an offer to sell or buy any securities or other assets or promise to undertake or solicit business, and may not be relied upon in connection with any offer or sale of securities or other assets. Offers can only be made where lawful under, and in compliance with, applicable law. We make no representations that any information provided via the Platform is accurate, current, reliable or complete. You are solely responsible for evaluating the risks and merits regarding the use of the Platform and any services provided herein. We are not utilizing the Platform to provide investment, legal, accounting, tax or other professional advice, and nothing on the Platform is to be deemed a recommendation that you buy, sell or hold any security or other investment or that you pursue any investment style or strategy. If you would like investment, accounting, tax or legal advice, you should consult with your own advisors with respect to your individual circumstances and needs. Any transactions listed on the Platform are included as representative transactions and are not necessarily reflective of overall performance.
The contents of the CaliberX may contain forward-looking statements that are based on beliefs, assumptions, current expectations, estimates, and projections about the financial industry, the economy, CaliberX itself or its investments. These statements are not guarantees of future performance and involve certain risks, uncertainties and assumptions that are difficult to predict with regard to timing, extent, likelihood and degree of occurrence. Therefore, actual results and outcomes may materially differ from what may be expressed or forecasted in such forward-looking statements. Furthermore, CaliberX undertakes no obligation to update, amend or clarify forward-looking statements, whether as a result of new information, future events or otherwise. Furthermore, past performance is not indicative of future results; no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
Your privacy is important to us. You can learn how we handle your information when you use the Platform by reading our Privacy Policy. We encourage you to become familiar with the Privacy Policy, including as it relates to our use of cookies, because by using the Platform, you consent to the collection, use, disclosure and other handling of information consistent with those policies.
The Platform and all content included on the Platform, such as graphics, logos, articles and other materials, is the property of CaliberX or others and is protected by copyrights, trademarks and other intellectual property rights owned by CaliberX or third parties that have licensed their materials or provided services to us. CaliberX reserves all of its intellectual property rights in the Platform and in the content included on the Platform, and this Agreement does not grant you any right or license with respect to any such intellectual property. You agree not to sell, license, copy, reproduce, modify, republish, transmit, edit, adapt, create derivative works from, distribute or otherwise make unauthorized use of any such intellectual property from the Platform without express written permission from CaliberX. You agree not to reverse-engineer, decompile, disassemble or otherwise attempt to extract or discover the source code of the Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believe that material posted on Internet sites infringes their rights under U.S. copyright law. If you believe in good faith that items, information or other materials appearing on the Platform infringes your copyright, please send us a notice containing the following information:
Please submit this notice to CaliberX at: legal@caliberexchange.com
As our Platform indicates, we welcome your questions about us and our financial products and services. Please be advised that any comments, suggestions, ideas or any other information that you send to us through our Platform (collectively, your “User Information”) may not be treated as confidential. You hereby grant, and agree to grant, to CaliberX an unrestricted, worldwide, irrevocable, non-exclusive, perpetual, fully-paid, royalty-free, transferrable license to access, view, display, reproduce, adapt, publish, translate, store, host, cache, maintain, modify, distribute, and otherwise use and exploit your User Information in any manner, provided that it is in accordance with the Privacy Policy. You also grant CaliberX the right to sub-license these rights through multiple tiers, and the right to bring an action for infringement of these rights.
Much of the content on the Platform is produced by users, publishers, and other third parties and is not controlled by CaliberX. You acknowledge that such content is the sole responsibility of the third party person or organization that created it and we assume no responsibility for any third-party content or information. Although CaliberX reserves the right to review all content and information that appears on the Platform and to remove any content or information at CaliberX’s discretion, we do not necessarily review all or any of it. Access and use of third party content made available through the Platform is solely at your own risk and CaliberX makes no warranties, express, statutory, or implied, with respect to such third party content or information. This Agreement does not govern your use of any site or service other than the Platform. You should review applicable terms and policies of any linked third party content, information or websites. To the maximum extent permitted by applicable law, we will not be liable for any content submitted, posted, linked to, shared or otherwise made available via the Platform, including, but not limited to, any inaccuracies, errors or omissions in any content, any intellectual property infringement with relation to the linked content, or any loss or damage of any kind incurred as a result of the use of any content linked in or otherwise made available via the Platform.
We are committed to ensuring that our communications are accessible to people with disabilities. To make accessibility-related requests or report barriers, please contact us using the contact Information below.
Due to the global nature of the Internet, the Platform may be accessed by users in countries other than the United States. We make no warranties that materials on the Platform are appropriate or available for use in such locations. If it is illegal or prohibited in your country of origin to access or use the Platform, then you should not do so. Those who choose to access the Platform outside the United States do so on their own initiative and are responsible for compliance with all local laws and regulations.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, ACCESS TO THE SITE, AND ALL RELATED CONTENT, SERVICES AND INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE OR THAT ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. CALIBERX DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. CALIBERX DOES NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR ELECTRONIC COMMUNICATIONS SENT FROM THE SITE ARE FREE OF VIRUSES, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR RELIANCE UPON ANY OF THE MATERIALS ON THE SITE IS AT YOUR SOLE RISK.
WE ARE NOT RESPONSIBLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, THAT RESULT FROM YOUR USE OF (OR INABILITY TO USE) THIS SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, LINE FAILURE, OR OTHER COMPUTER MALFUNCTION.
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless CaliberX, its managing members, licensors, officers, directors, employees, agents, trustees, subsidiaries, parent companies and affiliates (the “Indemnitees”) from and against all third party complaints, charges, claims, losses, expenses, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Platform and (b) your breach of this Agreement, in each case unless caused by such Indemnitee’s misrepresentation, gross negligence, willful misconduct or fraud.
You agree that your use of the Platform, the Privacy Policy and this Agreement and any disputes relating to any of them shall be governed in all respects by the laws of the State of New York. Any dispute relating to the above shall be resolved solely in the state or federal courts located in New York, New York.
This Agreement is effective unless and until terminated by either you or CaliberX. You may terminate this Agreement at any time, provided that you discontinue any further use of the Platform. We also may terminate this Agreement, in our sole discretion, at any time and may do so immediately and without notice, and accordingly deny you access to the Platform. The following provisions survive the expiration or termination of this Agreement: No Offer or Advice; Forward-Looking Statements and Past Performance; Ownership; Submissions; Third Party Content; Disclaimers; Limitation of Liability; Indemnity; Governing Law; and Miscellaneous.
If a portion of this Agreement is determined to be unlawful, void or unenforceable, it will not affect the enforceability of the remaining provisions and the remaining provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or unenforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section.
CaliberX strives to provide individuals with disabilities with equal access to its programs and activities, including through an accessible website. If you have questions, comments, or encounter any difficulty in using the Platform, please e-mail support@caliberexchange.com.
Thank you for visiting Caliber Exchange.
Please contact us at legal@caliberexchange.com if you have any questions about the Platform or our Privacy Policy and User Agreement.
.svg){kind=icon}