Last Update August 1, 2019
This website, www.silicon-mountains.com, (the “Website”), is owned and operated by Silicon Mountains, a Swiss corporation. These Terms, Conditions and Website Disclaimer (“Agreement”), applies to any and all websites operated by Silicon Mountains (“Silicon Mountains”) and/or its subsidiaries. This Agreement is a legal contract between you and Silicon Mountains and applies to your use of the Website, including any information and materials therein and any software that Silicon Mountains makes available that allows you to access the website from a mobile device (“App”). Unless otherwise noted, all references to “Website” shall include any App and any information or materials available via the Website or an App. By accessing all or any part of this Website, you fully accept and agree to comply with all the terms and conditions set out in this Agreement. You may not use this Website except as expressly provided in this Agreement. If you do not agree to this Agreement, you are not authorized to access and use this Website and should exit immediately.
PLEASE READ THIS AGREEMENT CAREFULLY.
Subject to amendment at any time.
Your use of the Website is at your own risk. The information and materials have not been verified or authenticated in whole or in part by Silicon Mountains, and they may include inaccuracies or typographical or other errors. Silicon Mountains does not warrant the accuracy or timeliness of the information and materials contained on the Website. Silicon Mountains has no liability for any loss of, or errors or omissions, whether provided by Silicon Mountains, our licensors or suppliers or other users. THE INFORMATION AND MATERIALS CONTAINED ON THIS WEBSITE – INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS – ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Silicon Mountains, ITS SUBSIDIARIES, AND THIRD-PARTY PROVIDERS (AS DEFINED BELOW) DO NOT WARRANT THE ACCURACY, ADEQUACY, TIMELINESS, OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS, OMISSIONS OR OTHER DEFECTS, OR DELAYS OR INTERRUPTIONS IN THIS INFORMATION AND MATERIALS. Silicon Mountains DOES NOT VERIFY ANY DATA AND DISCLAIMS ANY OBLIGATION TO DO SO. THE INFORMATION ON THIS WEBSITE IS ALSO LIABLE TO CHANGE AT SHORT NOTICE. YOU SHOULD NOT RELY ON ANY INFORMATION CONTAINED IN THIS WEBSITE WITHOUT FIRST CHECKING WITH US THAT IT IS CORRECT AND UP TO DATE. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS, SECURITY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS. THIRD PARTIES MAY UNLAWFULLY INTERCEPT OR ACCESS TRANSMISSIONS OR PRIVATE COMMUNICATIONS AND Silicon Mountains MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE WEBSITE IS PROTECTED FROM VIRUSES, SECURITY THREATS, OR OTHER VULNERABILITIES OR THAT YOUR INFORMATION WILL ALWAYS BE SECURE. ANY MATERIAL, INFORMATION OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK AND DISCRETION AND YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE OR LOSS TO YOU, INCLUDING AND NOT LIMITED TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR LOSS OR DAMAGE TO ANY PROPERTY OR LOSS OF DATA OR LOSS OF REVENUE THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL.
LIMITATION OF LIABILITY
IN NO EVENT WILL Silicon Mountains OR ITS THIRD PARTY PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, UNAUTHORIZED INTERCEPTION OF INFORMATION, OR OTHER SECURITY THREATS RELATING TO THE WEBSITE, EVEN IF Silicon Mountains OR THEIR AGENTS OR ADVISORS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS.
THIRD PARTY LINKS
Hyperlinks to other internet resources are used by you at your own risk; Silicon Mountains is not in a position to and does not seek to monitor or verify the content, accuracy, opinions expressed and other links provided by these resources in any way and is not liable for any aspect of such resources or any consequence arising from your use of those resources. By providing access to the linked websites, neither Silicon Mountains nor its Third-Party Providers are recommending, endorsing or sponsoring any aspect of those websites, including the transmission of software, downloading or uploading of content, or any goods, services or securities available thereon. You forever hold Silicon Mountains and its Third-Party Providers harmless from any and all claims, obligations and/or liability arising in connection with the use of any such links.
You agree to indemnify and hold harmless Silicon Mountains and its officers, agents, and employees from and against any and all claims, demands, costs, damages and or penalties arising out of any failure by you or any agent acting on your behalf to fully observe these Terms and Conditions or by reason of any use by you or such agent of any information or images provided on this Website.
This Website and all content have been prepared for informational and/or educational purposes only without regard to any particular user’s business or investment objectives, financial or regulatory situation or other management or structural concerns. Neither Silicon Mountains, the Third Party Providers, nor any of their respective affiliates, officers, directors, employees, agents or licensors are soliciting any action based on information made available on this Website. Reliance upon any content contained on or accessed in this Website is at your own risk.
The content on this Website is not to be construed as a recommendation or offer to buy or sell or the solicitation of an offer to buy or sell any security, financial product or instrument, or to participate in any particular trading strategy. Similarly, nothing in this website is an offer to provide or sell any services, software or business initiatives. Silicon Mountains does not make any recommendations regarding the merit of any software, company, security or other financial product or investment identified on this Website, nor does it make any recommendation regarding the purchase or sale of any such company, security, financial product or investment that may be described or referred to on this Website, nor endorse or sponsor any company identified on this Website. Prior to the execution of a purchase or sale of any services or security or investment, you are advised to consult with your consultants, corporate officers, banker, financial advisor or other relevant professionals (e.g. legal, tax and/or accounting counsel). Neither Silicon Mountains nor Third Party Providers (defined below) shall be liable for any investment or management decisions based upon or results obtained from the content provided on this Website. Nothing contained on this Website is intended to be, nor shall it be construed to be, legal, tax, accounting or investment advice.
This Website is not directed at or intended for publication or distribution to any person in any jurisdiction where doing so would result in contravention of any applicable laws or regulations. It is the responsibility of the individual user to consider his or her legal and regulatory position in the relevant jurisdiction, the risks associated with trading such securities or investments and to ensure that the use of the content of this Website and the subsequent making of any investment does not contravene any such restrictions or applicable laws and regulations of any jurisdiction. Potential users of products or investments described on this Website (including those wishing to trade them or to offer and sell them to others) should familiarize themselves with the full contract specification of the security or investment concerned and any associated information, such as any applicable legal or regulatory provisions. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific security, investment, index, report, opinion, advice or other content.
CAUTIONARY NOTE REGARDING FORWARD-LOOKING STATEMENTS
Certain statements on this Website may constitute “forward-looking statements” within the meaning of the safe harbor provisions of the US Private Securities Litigation Reform Act or similar “Global Applicable Regulation”. In some cases, you can identify these statements by forward-looking words such as “may,” “might,” “will,” “should,” “expect,” “plan,” “anticipate,” “believe,” “estimate,” “predict,” “potential” or “continue,” and the negative of these terms and other comparable terminology. Such forward-looking statements which are subject to known and unknown risks, uncertainties and assumptions about us, may include, but are not limited to, projections of our future financial performance based on our growth strategies and anticipated trends in our business and industry, statements concerning Silicon Mountains’ plans, objectives, expectations and intentions and other statements that are not historical or current facts. Forward-looking statements are only predictions based on Silicon Mountains’ current expectations about future events. They involve risks and uncertainties that could cause actual results, level of activity, performance or achievements to differ materially from those expressed or implied in such forward-looking statements. Factors that could cause Silicon Mountains’ results to differ materially from current expectations include, but are not limited to: Silicon Mountains’ ability to implement its strategic initiatives, economic, political and market conditions and fluctuations, government and industry regulation, interest rate risk and U.S. and global competition, and other factors detailed in Silicon Mountains’ Annual Report (when filing is applicable) and other periodic reports filed with Switzerland regulatory authorities (when filing is applicable). These risks and uncertainties are not exhaustive and forward-looking statements are based on a number of assumptions that are subject to change. We operate in a very competitive and rapidly changing environment. New risks and uncertainties emerge from time to time, and it is not possible to predict all risks and uncertainties, nor can we assess the impact that these factors will have on our business or the extent to which any factor, or combination of factors, may cause actual results, level of activity, performance or achievements to differ materially from those contained in any forward-looking statements.
The inclusion of such projections in any report should not be regarded as a representation by Silicon Mountains that the projections will prove to be correct. Neither Silicon Mountains nor any other person assumes responsibility for the accuracy or completeness of any of these forward-looking statements. You should not rely upon forward-looking statements as predictions of future events. We are under no duty to update any of these forward-looking statements after the date of any report to conform our prior statements to actual results or revised expectations and we do not intend to do so.
All right, title and interest in this Website, including but not limited to the text, content, all compilations of real time or other information, including all pricing and market data, any software programs, tools, applications and/or code available on or through this Website and accompanying links, photographs, images, video, audio and graphics contained on this Website, the selection and arrangement of the aforementioned and the “look and feel” of this Website, are owned, licensed or controlled by Silicon Mountains, its applicable affiliate, its licensors or the relevant third party (“Third Party Provider”) credited as the owner or lawful provider of the content. Aspects of the content of this Website are also protected by intellectual property laws, including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights and laws of Switzerland, the United States, the United Kingdom, the European Union countries, China, India, and other countries (“Intellectual Property laws”).
You acknowledge and agree that Silicon Mountains, its applicable affiliates, and/or the Third-Party Provider, as relevant, shall own all right, title and interest in the content of this Website and all intellectual property relating thereto or otherwise referenced in this Website. Nothing contained on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the content, trademarks, copyrights, or other proprietary material without the express written permission of Silicon Mountains or such other party as may own the proprietary rights therein and any rights not expressly granted herein are reserved to Silicon Mountains or its Third Party Providers, as applicable. In using or accessing this Website or its content, you further acknowledge and agree to abide by all applicable Intellectual Property laws, as well as any additional notices or restrictions contained on this Website.
You further acknowledge and agree that, unless Silicon Mountains, its applicable affiliate, and/or the applicable Third Party Provider give you prior written permission, you will not sell, license, rent, modify, print, collect, copy, reproduce, download, upload, transmit, disclose, distribute, disseminate, publicly display, publicly perform, publish, edit, adapt, electronically extract or scrub, compile or create derivative works from any content or materials (including, without limitation, through framing or systematic retrieval to create collections, compilations, databases or directories) or otherwise transfer any of the content to any third person (including, without limitation, others in your company or organization). You agree not to decompile, reverse-engineer or disassemble any materials, information or other content available through this Website and not to insert any code or product to manipulate the content in any way that affects the user’s experience. Unless we give you prior written permission, use of any Web browsers (other than generally available third-party browsers), engines, software, spiders, robots, avatars, agents, tools or other devices or mechanisms to navigate, search or determine this Website is strictly prohibited. You agree not to challenge (or assist any third party to challenge) the validity or enforceability of any intellectual property owned by Silicon Mountains or its applicable affiliates relating to this Website, its content or otherwise referenced therein, including but not limited to the patents and trademarks listed at the end of this Agreement.
TRADEMARK & COPYRIGHT
Trademarks (including but not limited those listed at the end of this Agreement) that are used or displayed on this Website are owned by Silicon Mountains or by Third Party Providers. The trademarks of Silicon Mountains may not be copied or used, in whole, partial or modified form, without the prior written permission of Silicon Mountains or, if applicable, the Third Party Provider. In addition, Silicon Mountains custom graphics, logos, button icons, scripts, and page headers are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, imitated, or used, in whole, partial or modified form, without the prior written permission of Silicon Mountains.
You may not use any metatags or any other “hidden text” utilizing a Silicon Mountains name, trademark, or product name without the express written consent of Silicon Mountains. The use or misuse of these trademarks/service marks or any other content or materials, except as permitted herein, is expressly prohibited and may be in violation of Intellectual Property Laws and/or other relevant laws.
By registering for any areas or services provided through this Website you agree to pay any fees that are due in respect of any such services that you use or subscribe for until you unregister or Silicon Mountains suspends or withdraws such service. Where any service for which you register on or through this Website is provided by or with a service provider, agent or partner of Silicon Mountains you agree that you will observe any additional terms and conditions associated with the part of the service provided by them.
NO UNLAWFUL OR PROHIBITED USE; MONITORING OF THIS WEBSITE
- Use this Website in any manner that could damage, disable, overburden or impair any Silicon Mountains server, or the network(s) connected to any Silicon Mountains server, or interfere with any other party’s use and enjoyment of this Website. • Attempt to gain unauthorized access to this Website or any services, other accounts, computer systems or networks connected to any Silicon Mountains server or to any of the services, through hacking, password mining or any other means. • Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website. • Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation. • Use any robot, spider, scraper or other automated means to access the Services. • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. • No Unlawful or Prohibited Use; Monitoring of this Website
This list of prohibitions provides examples and is not complete or exclusive. Silicon Mountains reserves the right to (a) terminate your access to the Website, with or without cause and with or without notice, for any reason or no reason, or for any action that Silicon Mountains determines is inappropriate or disruptive to the Website any other user of the Website. Silicon Mountains may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Silicon Mountains ‘discretion, Silicon Mountains will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Website or on the Internet. Unauthorized use of the Website may violate certain laws and regulations.
Silicon Mountains is not required to, but reserves the right, in its sole discretion, to monitor any and all use of this Website.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Silicon Mountains, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Website, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Silicon Mountains is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Silicon Mountains is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
CHOICE OF LAW
By accessing the services on our Website, you agree to be governed by the laws of Switzerland. The laws of such jurisdiction will govern all matters relating to this Agreement, and the use, or inability to use, the services, and that such laws will apply without regard to principles of conflict of laws. You agree to submit to the exclusive jurisdiction and venue of Switzerland. This choice of jurisdiction does not prevent Silicon Mountains from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
RIGHT TO REVISE THIS AGREEMENT
Silicon Mountains has the right at any time to revise and to otherwise modify this Agreement, and to impose new or additional Terms or Conditions (collectively, “Additional Terms”) on your use of the services available on or through our Website. Such Additional Terms are effective immediately and are incorporated into this Agreement when posted by Silicon Mountains to the Website. Use of the Website following such notice indicates your acceptance of all such Additional Terms.
REVISION/TERMINATION OF SERVICES
Silicon Mountains has the right, at any time, to modify or discontinue, temporarily or permanently, the services, information, materials and other content we offer through the Website, and/or to refuse or restrict anyone from access to any such services, information, materials and other content, with or without notice and in its sole discretion. Silicon Mountains shall not be liable for any modification, suspension or discontinuance of any services.
VIOLATIONS OF THIS AGREEMENT
Silicon Mountains reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including the right to block access from an Internet address to this Website.
These Terms and Conditions constitute the entire agreement between you and Silicon Mountains with respect to the subject matter addressed herein, and governs your use of the Website, superseding any prior agreements between you and Silicon Mountains relating to such subject matter. These Terms and Conditions may be supplemented by any other agreement you enter into with Silicon Mountains pursuant to a registration to access certain features of the Website. The failure of Silicon Mountains to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree the other provisions of these Terms and Conditions remain in full force and effect. The section headings used in this Agreement are for convenience only and have no legal effect.
REGISTERED TRADEMARKS OF Silicon Mountains®