THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
MORE INFORMATION ABOUT THE ARBITRATION AND CLASS ACTION WAIVER CAN BE FOUND IN THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SECTION BELOW.
The Sites and Services are only intended for your personal use. You agree not to use the Sites or Services or the content or information delivered through the Sites or Services in any way that would: (a) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use of the Services to impersonate another person or entity; (b) violate, or cause Nummo to be in violation of, any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (c) create liability for Nummo or its service providers or cause Nummo to lose the services of our service providers; (d) access the information and content of the Sites and Services programmatically by macro or other automated means; (e) use the Sites or Services in such a manner as to interfere with or gain unauthorized entry or access to the Sites, Services, or computer systems; (f) copy, sell, resell, or exploit for commercial purposes any portion of the Sites or Services; (g) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of one or more of the Sites or Services; (h) reverse engineer or attempt to reverse engineer any of the software comprising or in any way making up a part of the Sites or Services; (i) use any incomplete, false, or inaccurate biographical information or other information for purposes of creating an Account (defined below); (j) use the Sites or Services in a manner that is distasteful, offensive or controversial, tortious, or abusive; (k) and/or assist or permit any persons in engaging in any of the activities described above.
Portions of the Sites and Services may require that you register an account with Nummo (your “Account”). You agree to maintain the confidentiality of your username and password and are fully responsible for all activities that occur through the use of your username and password. You agree to immediately notify Nummo of any unauthorized use of your password or any other breach of security about which you may be aware.
The Services are provided for strictly educational, informational or entertainment purposes. Neither Nummo nor any of its related organizations or service providers is registered as an investment adviser under the Investment Advisers Act of 1940, as amended, or under similar laws of any state. The Services are not, and should not be construed as, investment, legal, tax, or other advice and you should consult your own advisors as to investment, legal, tax and related matters concerning any investment or securities transaction. Neither Nummo nor its staff recommend or advise that you buy, sell, or hold any security, engage in any investment strategy, or enter into an advisory or brokerage relationship with any third party, including third parties identified through the Services.
Nummo makes no representations, warranties, or guarantees, express or implied, regarding the results or savings that may be obtained through your use of the Services. YOU AGREE THAT NUMMO IS NOT LIABLE FOR ANY ACTION YOU TAKE OR FAIL TO TAKE IN RELIANCE UPON THE INFORMATION PROVIDED BY THE SERVICES.
Investment markets have inherent risks and historic performance does not assure future results. The Services are intended for a general audience and do not purport to be, nor should they be construed as, specific advice tailored to any individual.
There may be delays, omissions, or inaccuracies in the information. You acknowledge and agree that neither Nummo nor any of its service providers make any guarantee, express or implied, regarding the accuracy, completeness, timeliness, or correct sequencing of any of the information provided through the Services or provided on the Sites, including, but not limited to, historic financial performance and cost measures for any financial product or service identified through use of the Services or Sites.
Some aspects of the Services include a social media element where users can post their personal views and experiences. This user generated content are the contributions of independent users not affiliated with Nummo. User generated content does not reflect the views of Nummo or its service providers. You acknowledge and agree Nummo does not guarantee the accuracy, integrity or quality of the opinions and advice posted by users on the Services. Your use of any user generated content provided in the Services is at your sole risk.
THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES ARE PROVIDED “AS-IS” AND ON AN “AS AVAILABLE” BASIS. NUMMO AND ITS SERVICE PROVIDERS MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO THE SERVICES OR ANY PORTION OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NUMMO AND ITS SERVICE PROVIDERS DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. NUMMO AND ITS SERVICE PROVIDERS DO NOT WARRANT THAT THE SERVICES COMPLY WITH THE REQUIREMENTS OF THE FINRA OR THOSE OF ANY OTHER ORGANIZATION ANYWHERE IN THE WORLD.
NEITHER NUMMO NOR ITS SERVICE PROVIDERS WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION CONTAINED ON THE SITES OR PROVIDED BY THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT WILL NUMMO OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OR SERVICE PROVIDERS BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, TORT, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, YOUR USE OF THE SERVICES, OR YOUR ACCESS OR INABILITY TO ACCESS THE SERVICES, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICES, EVEN IF NUMMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
NUMMO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED ON THE SITES OR PROVIDED THROUGH THE SERVICES. NEITHER NUMMO NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE SERVICES OR RELIANCE ON THE INFORMATION CONTAINED ON THE SITES OR PROVIDED BY THE SERVICES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, NUMMO’S LIABILITY IN SUCH JURISDICTIONS WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR CITIZENS OF NEW JERSEY, THE DISCLAIMER OF PUNITIVE DAMAGES DOES NOT APPLY.
The Services are protected by applicable copyright and other intellectual property laws, and no materials from the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Services belong to Nummo, except third party trademarks or service marks, which are the property of their respective owners.
Binding Individual Arbitration. If you and Nummo have a dispute that cannot be resolved through negotiation within the time frame described below, you and Nummo agree to seek resolution of the dispute only through binding arbitration, not litigation in any court, of that dispute in accordance with the terms of this paragraph. Arbitration means that the dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Nummo will pay all filing, American Arbitration Association, and arbitrator’s fees and expenses. Arbitration may take place at any place within the United States that is reasonably convenient for you.
Notice of Dispute and Arbitration. IF YOU HAVE A DISPUTE WITH NUMMO, YOU MUST SEND WRITTEN NOTICE TO: Nummo Ltd., Muenstergasse 21, CH-8001 Zurich, Switzerland, TO GIVE YOU AND NUMMO THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to good faith negotiations to resolve a dispute for no less than sixty (60) days after your notice of dispute. Upon the conclusion of such sixty (60) day period, either party may pursue arbitration with the American Arbitration Association (“AAA”) pursuant to its rules. Arbitration rules and forms may be obtained from AAA at http://www.adr.org or by calling AAA at 1-800-778-7879.
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND NUMMO SPECIFICALLY AGREE IN WRITING TO DO SO, FOLLOWING INITIATION OF THE ARBITRATION.
Waiver of Rights, Including to Trial by Jury. By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes. The rules in arbitration are different. There is no judge or jury, and review of an arbitrator’s decision is very limited. BOTH PARTIES FURTHER AGREE THAT, WHETHER A CLAIM WILL BE RESOLVED IN ARBITRATION OR IN COURT, THE PARTIES BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.
If you believe that any of your work has been copied and is accessible on any of the Sites in a manner that constitutes copyright infringement, please provide Nummo’s copyright agent in writing with:
Allegations of infringement that include all of the information set forth above must be submitted by post or electronic mail to Nummo’s copyright agent at Mosaic Legal Group, PLLC, ATTN: Nummo DMCA, 5185 MacArthur Boulevard, NW, Suite 350, Washington, D.C. 20016-3341 or at firstname.lastname@example.org (Subject: Nummo DMCA).
Nummo may contact you by posting a message to the Sites or via any information you submit to Nummo in registering for your Account. Any notices sent to Nummo must be by post or electronic mail to Nummo at Muenstergasse 21, CH-8001 Zurich, Switzerland and email@example.com.
Provide Accurate Information. You represent and agree that all information you provide to us in connection with the Vault Services is accurate, current, and complete. You agree not to misrepresent your identity or account information. You agree to keep account information secure, up to date and accurate. You represent that you are a legal owner, or an authorized user, of the accounts at third party sites which you include or access through the Vault Services, and that you have the authority to (i) designate us and our service providers as your agent, (ii) use the Vault Services, and (iii) give us and our service providers the passwords, usernames, and all other information you provide.
Content You Provide. Your use of the Vault Services is your authorization for Nummo or its service providers, as your agent, to access third party sites which you designate in order to retrieve information. You are licensing to Nummo and its service providers any information, data, passwords, usernames, PINS, personally identifiable information or other content you provide through the Vault Services. You authorize us or our service providers to use any information, data, passwords, usernames, PINS, personally identifiable information or other content you provide through the Services or that we or our service providers retrieve on your behalf for purposes of providing the Vault Services, to offer products and services, and for other permissible business purposes. Except as otherwise provided herein, we or our service providers may store, use, change, or display such information or create new content using such information.
Power of Attorney. You grant Nummo and its service providers a limited power of attorney as provided below to access information at third party sites on your behalf. Third party sites shall be entitled to rely on the authorizations, agency, and the power of attorney granted by you or through your account. For all purposes hereof, you hereby grant Nummo and its service providers a limited power of attorney, and you hereby appoint them as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, in any and all capacities, to access third party sites to retrieve information, use such information, as described herein, with the full power and authority to do and perform each and every act and thing required and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. You understand and agree that the Vault Services are not sponsored or endorsed by any third party site. YOU ACKNOWLEDGE AND AGREE THAT WHEN NUMMO OR ITS SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, THEY ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF THE THIRD PARTY SITES.
Third Party Accounts. With respect to any third party sites we may enable you to access through the Vault Services you agree to the following:
You are responsible for all fees charged by the third party in connection with any nonNummo accounts and transactions. You agree to comply with the terms and conditions of those accounts and agree that this Section XV does not amend any of those terms and conditions. If you have a dispute or question about any transaction on a non-Nummo account, you agree to direct these to the account provider.
Any links to third party sites that we may provide are for your convenience only, and Nummo and its service providers do not sponsor or endorse those sites. Any third party services, which you may be able to access through the Vault Services, are services of the listed institutions. Neither we nor our service providers have responsibility for any transactions and inquiries you initiate at third party sites. The third party sites you select are solely responsible for their services to you. Neither we nor our service providers are liable for any damages or costs of any type arising out of or in any way connected with your use of the services of those third parties.
Limitations of Vault Services. When using the Vault Services, you may incur technical or other difficulties. Neither we nor our service providers are responsible for any technical or other difficulties or any resulting damages that you may incur. Any information displayed or provided as part of the Vault Services is for informational purposes only, may not reflect your most recent transactions, and should not be relied on for transactional purposes. We and our service providers reserve the right to change, suspend or discontinue any or all of the Vault Services at any time without prior notice.
Aggregated Data. Anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is collected through your use of the Vault Services, may be used by us and our service providers to conduct certain analytical research, performance tracking and benchmarking. Our service providers may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to, helping to improve products and services and assisting in troubleshooting and technical support. Your personally identifiable information will not be shared with or sold to third parties for those third parties’ own use.
Ownership. You agree that Nummo and its service providers, as applicable, retain all ownership and proprietary rights in the Vault Services, associated content, technology, mobile applications and websites.
Export Restrictions. You acknowledge that the Vault Services and any software underlying such Vault Services are subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the software or Vault Services, directly or indirectly, to: (1) any countries that are subject to U.S. export restrictions; (2) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that the Vault Services may include technical data subject to export and re-export restrictions imposed by U.S. law.