Terms of Service
Last Updated: October 27, 2011
I. Description of the DerivaTrust WebsiteThe DerivaTrust website provides information relating to our company and the goods and services we sell. The DerivaTrust website is provided for general reference purposes only. Although DerivaTrust tries to ensure the accuracy of the information presented on the website, this information is offered without warranty as to its completeness or accuracy. DerivaTrust is not responsible for any errors or omissions on derivatrust.com.
For more specific information about our company or our products or services, please contact us directly. Our contact information can be found at our contact us page.
II. Your use of the DerivaTrust WebsiteAny use of any of the DerivaTrust website other than for private, non-commercial use is strictly prohibited.
The website is not intended for or directed to persons under the age of 13.
In using the DerivaTrust website, you represent and warrant that you will comply with all applicable laws, including U.S. export control laws. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to:
- Store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other content made available on the website or compile or collect any content on this website as part of a database or other work;
- Use any automated device or process, such as a "bot" or "spider" to use the website or to copy or extract information or content from the website;
- Circumvent or disable any digital rights management, usage rules, or other security features of the website;
- Use the website in a manner that threatens the integrity, performance, or availability of the website; or
- Remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the website or website content.
III. International UsersDerivaTrust is based in the United States. If you are a user from another country, you represent and warrant that you will comply with all local laws and regulations regarding online content, data transfers and conduct.
IV. Links to Third PartiesThe DerivaTrust website may link or enable access to other websites and resources. DerivaTrust does not control these websites and other resources. By clicking on such links, you acknowledge and agree that DerivaTrust is not responsible for the availability of content on websites not controlled by DerivaTrust. In addition, you understand that DerivaTrust does not endorse the content on other websites, and does not assume responsibility or liability for any content, advertising, products, or other materials on or available from such websites or resources.
VI. Disclaimer of WarrantiesYOU AGREE THAT USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR SOLE AND EXCLUSIVE RISK. YOU UNDERSTAND AND AGREE THAT DERIVATRUST, AND OUR AFFILIATES AND SUPPLIERS (COLLECTIVELY, "DERIVATRUST" OR "WE") PROVIDE THE DERIVATRUST WEBSITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. DERIVATRUST SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU FURTHER UNDERSTAND AND AGREE THAT WE MAKE NO WARRANTY AS TO THE RELIABILITY, ACCESSIBILITY, ACCURACY, LEGITIMACY OR QUALITY OF THE WEBSITE OR THE CONTENT AVAILABLE ON THE WEBSITE. REFERENCES ON THE WEBSITE TO AN INDUSTRY OR TECHNOLOGY STANDARD MAY NOT BE INTERPRETED AS A WARRANTY THAT THE PRODUCT OR FEATURE DESCRIBED COMPLIES WITH ALL ASPECTS OF THAT STANDARD.
IN NO EVENT SHALL DERIVATRUST BE LIABLE FOR ANY DAMAGES BASED ON YOUR RELIANCE ON INFORMATION CONTAINED IN THE DERIVATRUST WEBSITE, AND IN PARTICULAR DERIVATRUST SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO DERIVATRUST's WEBSITES OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
VII. Limitation of LiabilityYOU EXPRESSLY UNDERSTAND AND AGREE THAT DERIVATRUST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DERIVATRUST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: YOUR USE OF THE WEBSITE OR WEBSITE CONTENT, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR ANY OTHER MATTER RELATING TO THE WEBSITE . UNDER NO CIRCUMSTANCES WILL DERIVATRUST'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR WEBSITE CONTENT, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON TORT, CONTRACT OR OTHERWISE, EXCEED THE VALUE OF GOODS SOLD TO OR PURCHASED BY YOU.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
All trademarks and logos used on this website are the trademarks, service marks or logos of DerivaTrust or their respective owners. These trademarks include, but are not limited to, DerivaTrust Technologies, DerivaTrust, the DerivaTrust logo, the "Discovery, Transparency, Liquidity" tagline, and the "DerivaTrust" trademark name. Nothing on this website shall be construed as granting any license, right of ownership or right to use any trademark used on the website. Any questions concerning the use of DerivaTrust's trademarks should be referred to firstname.lastname@example.org.
X. General TermsThese Terms are governed by and construed in accordance with the laws of the state of California, without regard to conflicts of law principles. The state or federal courts of Santa Clara, California shall have exclusive jurisdiction and venue over any disputes arising out of these Terms or relating to the Terms or your use of the DerivaTrust website. Both parties agree that they will not bring a suit against the other in any other forum.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DerivaTrust without restriction. Headings in these Terms are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
These Terms sets forth the entire and exclusive understanding and agreement between you and DerivaTrust. You agree that if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
DerivaTrust Technologies, Inc.
1975 Hamilton Avenue, Suite 5
San Jose, CA 95125