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Last Updated: April 3, 2022
The following describes the terms and conditions (the “Terms“) upon which Utila (“Company”, “Us“, “We“) offers access to and use of to the website found at https://utila.io/ (the “Site“) to you (“You“, “User“) as well as any service, content or material provided through the Site, excluding Utila crypto asset management software platform (the “Services”).
We may revise the Terms at any time without notice by updating this Site. All updates to the Terms will be posted on this page. You are bound by any revisions or updates. You should periodically visit these Terms to review the current terms that apply to your use of our Site. Any use of the Site by you after our publication of any such changes shall constitute your acceptance of these Terms as modified. We may, at our sole discretion and at any time, discontinue providing the Site or the Services or any part of thereof without notice.
Use of and access to the Site is void where prohibited by law. By using the Site, you represent and warrant that you are 18 years of age or older, that you have reached the age of majority both in the territory you reside in and in the territory of your citizenship, and that your use of the Site does not violate any applicable law or regulation or any obligation.
The Services and Intellectual Property
The Services are intended for informational purposes only, and for the purposes listed in the Site. You may not use the Services for any other purpose, and your use of the Services should align with all applicable laws and regulations. Use of and access to the Services is void where prohibited by law or regulation.
Without derogating from the generality of the above, The Company owns (or has valid authorizations or licenses required for) the Site, as well as the materials provided on this Site (including without limitation, the Services), including all worldwide intellectual property rights in the Site and the Services, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Site or any content appearing on the Site, including without limitation, the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site or the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of the Company or any third party.
You may not or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Site or the Services; (b) circumvent, disable, or otherwise interfere with security-related features of the Site or Services or features that prevent or restrict use or copying of any content; (c) use any robot, spider, site search or retrieval service, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site or Service; or (d) harvest, collect or mine information about users of the Site or Services.
Disclaimers & Disclaimer of Warranty
No representations or warranties express or implied, are given regarding the legal or other consequences resulting from the use of our Services. The information contained in this is provided for general information only.
The Services are not, and should not be construed as a provision of investment advice, tax advice, legal advice, financial advice or any other financial service, investment services or activities, ancillary services under any applicable law or regulation in any jurisdiction. The Services are also not, and should not be construed as any offer, solicitation, recommendation or invitation to buy, sell, obtain, use, hold, store, dispose of any crypto assets (including any digital asset or any other cryptographic token), financial instruments, investments or other assets.
Your use of the Site or Services is at your sole discretion. The Site and Services are provided on an “AS-IS” and “AS AVAILABLE” basis without warranties of any kind from the Company. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE OR SERVICES; OR (II) THAT THE SITE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION OR SERVICES PROVIDED BY THE SITE. THE COMPANY MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED IN THE SITE.
If you choose to rely on information from the Site, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY CONTENT INCLUDED ON THE SITE (INCLUDING ADVERTISEMENTS), INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SITE, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
In addition to the foregoing, the Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content. The Company is not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to users or to any person’s mobile device or computer related to or resulting from participation or downloading materials in connection with the Site. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE OR FROM ANY CONTENT POSTED ON OR THROUGH THE SITE.
You hereby agree to indemnify and hold the Company, its officers, directors, employees, or agents harmless for any claims, matters, complaints, costs, liabilities and actions arising out of your use of the Services, including but not limited to: (i) your failure to comply with applicable laws or regulations; (ii) any claim of infringement or misappropriation of any third party rights, including but not limited to any privacy rights or intellectual property rights in the Services; (iii) your breach of these Terms; or (iv) your use or misuse of the Services. You agree to promptly notify the Company of any third party claims and fully cooperate with the Company in defending such claims at your sole expense. You further agree that, at Company’s sole discretion, Company shall have control of the defense or settlement of any such claims.
Portions of the Site involve linking to web sites belonging to third parties. The Site may also provide you with links to access the websites of third party vendors or retailers. We have no control over third-party websites, and all use of third-party sites is at your own risk. Additionally, The Company cannot accept responsibility for any payments processed or submitted through such third party websites, or for the privacy policies of any such sites. The Company is not responsible for content available by means of such sites. The Company does not endorse any products offered by third parties and we urge our users to exercise caution in using third-party sites.
Governing Law and Miscellaneous
These Terms shall be governed by, and interpreted in accordance with the law of the state of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws and regulations. Any action to be brought in connection with these Terms or the Application shall be brought exclusively in the courts of the state of Israel and you irrevocably consent to their jurisdiction. Any cause of action against the Company must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and the Company or authorizes you to act on behalf of the Company. We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.