Terms and Conditions
Introduction
By using the services of One Innovations LLC, doing business as FluxRobot (“FluxRobot”), you are agreeing to be bound by the following Terms of Use (“Terms”). You can review the most current version of the Terms at www.fluxrobot.com/legal.php. FluxRobot reserves the right to update and change the Terms by posting updates and changes to this address. You are advised to check the Terms from time to time for any updates or changes that may impact you. You must read, agree with and accept all of these Terms prior to using FluxRobot.
General Conditions
FluxRobot reserves itself the right to modify or terminate the services for any reason, without notice at any time. It reserves the right to refuse FluxRobot to anyone for any reason at any time, without having to justify such reason. Your use of FluxRobot is at your sole risk. Except for the sole purpose of accessing FluxRobot, no information or material from FluxRobot, including but not limited to investment analysis, may be reproduced, redistributed, republished, uploaded, posted, or transmitted in any manner whatsoever without the express written permission by FluxRobot. No information available from FluxRobot may be harvested or otherwise collected without the express written permission by FluxRobot.
Users will not use FluxRobot if they are unable to form legally binding contracts, are under the age of majority, or are temporarily or indefinitely suspended from FluxRobot. Users will not circumnavigate the fee structure or the billing process of FluxRobot, or fees owed to FluxRobot. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. FluxRobot does not guarantee it will take action against all breaches of the Terms. In the case of any inconsistency between these Terms of Use and a Client Agreement to which a FluxRobot client is a party, the Client Agreement shall control.
Electronic Delivery
You consent to the electronic delivery of documents. This consent for electronic delivery covers any document that FluxRobot is required to provide you, including the Client Agreement and is effective until withdrawn by you.
Release
You release FluxRobot (and our officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes with other users unless you appoint FluxRobot as Investment Adviser by subscribing to the Client Agreement.
Indemnity
You agree to indemnify and hold FluxRobot and its affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of the Terms, or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the use of FluxRobot.
Non-Assignment
No assignment of the present contract shall be made by FluxRobot without your consent. Limitations, Disclaimers and Liability FluxRobot does not provide any tax, legal or insurance advice. You are advised to consult an attorney, a registered investment or tax professional regarding your specific legal or tax situation. You fully understands the limitations of hypothetical back-testing and real-time track records in predicting future performance and acknowledges that FluxRobot and its agents, brokers, affiliates or employees do not prepare and cannot be responsible for representations made in back-testing and simulation features.
The following terms apply only to persons who have not entered into a Client Agreement with FluxRobot.
Peer Lending can constitute a risky investment and may not be suitable for your own financial situation. FluxRobot services are provided for informational purposes only without any warranty of suitability, reasonableness or usefulness for your financial situation, any offer to sell, solicitation of an offer to buy or a recommendation for any security, or any personal advice concerning the nature, potential, value or suitability of any particular security, transaction, investment strategy or other matter. FluxRobot IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. FluxRobot DOES NOT WARRANT THE QUALITY OF ANY SERVICES, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERRORFREE, NOT THAT THE RESULTS OBTAINED FROM FluxRobot WILL BE ACCURATE OR RELIABLE. YOU EXPRESSLY AGREE THAT YOU ALONE ARE SOLELY RESPONSIBLE FOR YOUR OWN INVESTMENT RESEARCH AND INVESTMENT DECISIONS, THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF FluxRobot AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT, AND THAT FluxRobot, ITS DIRECTORS, ITS EMPLOYEES, AND ITS AGENTS WILL NOT BE LIABLE FOR ANY INVESTMENT DECISION MADE, ACTION TAKEN BY YOU AND OTHERS BASED ON FluxRobot, NOT ANY DIRECT OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING INCLUDING NEGLIGENCE. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE COMPANY LIABILITY AND THAT OF ITS THIRD-PARTY CONTENT PROVIDERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Regardless of the previous paragraph, if FluxRobot is found to be liable, its ability to you or any third party is limited to the greater of the total fees you paid to FluxRobot in the 12 months prior to the action giving rise to the liability, and $100.