Your affirmative act of using our website located at www.xinervatech.com (and all associated sites linked to it and/or its proprietors) and/or its associated services ("Xinerva") signifies that you agree to the following Terms and Conditions of Service. If you do not agree to these, do not use Xinerva. Xinerva is the proprietary holding of Xinerva Technologies Inc. ("us", "we" or "our").
We may update these Terms of Service at any time. If you continue to use Xinerva after we post changes to these Terms of Service, you are affirming your agreement to the new ToS. You will have access to and be able to verify our Terms of Service at any time. To see the most updated version of ToS available to Xinerva users, simply reload the page.
We hold the right to alter or discontinue any service or feature available on the Xinerva platform at any time, without prior notice to its users. We do not guarantee backward compatibility of our services and Application Programming Interface (API) in such cases.
Unless otherwise noted, all rights, titles, and interests in Xinerva, and all information made available through Xinerva or its services, in all languages, formats, and media made available or accessible throughout the world, including, but not limited to all copyrights and trademarks therein, are the exclusive property of Xinerva Technologies Inc.
You may not use data mining, robots, or similar data gathering and/or extraction tools to manipulate Xinerva content, frame any portion of Xinerva or its content as your own, or sublicense, assign, transfer, sell, loan, or otherwise distribute for payment the Xinerva content without Xinerva’s written consent. You may not circumvent any mechanisms included in such content for preventing the unauthorized reproduction or distribution of the content. For additional information on commercial and partnership inquiries with us, please contact us through email: support@xinervatech.com.
Except as otherwise expressly permitted by the preceding paragraph, you agree not to sell any of our services or materials in any manner, for any purpose, without the prior expressly written consent of Xinerva and/or our Data Providers. You shall not, without the prior expressly written consent of the holding bodies and/or individuals specified in the preceding sentence, make any other copies of any of the software or documentation that may be provided, electronically or otherwise, including, but not only limited to translating, decompiling, disassembling, or making derivative works.
Except as otherwise expressly permitted by additional agreement(s), we neither implicitly nor explicitly permit commercial usage of any of our services or APIs. We do not provide warranty and therefore assume no legally-binding obligation or liability for any third party services or software. Please see Third Party Software (Section 19) below for more details.
Xinerva grants users of www.xinervatech.com and its other publicly-available site domains the right to use data retrieved from the Xinerva platform in analysis, press releases, books, articles, blog posts, and/or miscellaneous publications.
Xinerva neither purports nor promises warranty, either expressed or implied, regarding the accuracy, adequacy, completeness, legality, reliability, or usefulness of any of our information. This disclaimer applies to both isolated and aggregate uses of information. The information is provided on an "as is" basis. In addition, our process of extracting, processing, and storing data is fully automated, which is why inconsistencies may arise from time to time. We are always striving to correct any such issues as soon as we are notified about them in order to provide our users with the most accurate data possible.
Although Xinerva's data has been produced and processed from sources believed to be credible (e.g. the SEC), no warranty, either expressed or implied, is made regarding the accuracy, adequacy, completeness, legality, reliability, and/or usefulness of our data. The information is only provided on an "as is" basis. Xinerva shall henceforth not be held liable for any pertinent special, incidental, or consequential damages, including, but not limited to lost revenues or lost profits resultant from the use or misuse of our data.
Decisions to buy, sell, hold, or trade in securities, commodities and other investments involve risk and are best made based on the advice of qualified financial professionals. Any trading in securities or other investments involves a risk of substantial losses. The practice of "Day Trading" involves particularly high such risks and can cause you to lose substantial sums of monetary capital. Before undertaking any trading program, you should consult a qualified financial professional. Please consider foremostly whether trading is suitable for you in light of your financial condition and overall capacity to bear financial risks. Under no circumstances shall we be liable for any loss or damage you or anyone else incurs as a result of any trading or investment activity that you or anyone else engages in, based on any information or materials you are provided, either by Xinerva or its services.
Hypothetical performance results have many inherent limitations, some of which are mentioned below. No claim is being made that any account will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between hypothetical, purported results and those actually realized by trading programs.
One of the limitations of hypothetical performance results is that they are overarchingly prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or adhere to a particular trading program in spite of trading losses are material points, which can adversely affect trading results. Yet, there exist numerous other considerable market factors, and especially those of which are related to the implementation of any trading program, that cannot, and will not be held accountable to achieving purported results.
Our services are available only to registered users of the Xinerva website and require you to sign in with a username and password to access them. If you register as a user (a "Subscriber") of any of the features of Xinerva, during the registration process, you will be prompted to click "Register Now", "Submit" or a similar button; your clicking on said button affirms your legally binding agreement to these ToS.
In consideration of your use of the Xinerva website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving any and all Xinerva services under the laws of the United States or other applicable jurisdiction(s). You also agree to provide true, accurate, current and complete information about yourself as prompted by Xinerva’s registration form (the "Registration Data").
If you provide any information that is untrue, inaccurate, noncurrent or incomplete, or Xinerva otherwise has reasonable grounds to suspect that such information is untrue, inaccurate, noncurrent or incomplete, Xinerva maintains the right to suspend and/or terminate your account indefinitely, and refuse any and all current or future use of Xinerva services (or any portion thereof) to the account(s) in question and/or violation.
You accept responsibility for the confidentiality and use of any username and/or email address combination that is used to register for your access to and use of our services. You are solely responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password and account. You agree to (a) immediately notify Xinerva of any unauthorized use of your password or account or any other imminent or previously undetected breach of security, and (b) ensure that you exit from your account at the end of each session. Xinerva cannot and will not be liable for any loss or damage arising from your failure to comply with this.
Xinerva considers private information on the site (including, but not limited to source code of protected or invite-only scripts, etc.) to be confidential to you. Xinerva protects such private information from unauthorized use, access, or disclosure in the same manner that it protects personal data (please refer to our Privacy Policy for more information).
By submitting ideas, content, suggestions, documents, and/or proposals ("Contributions") to Xinerva through our contact or feedback webpages, you acknowledge to and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Xinerva is not under any obligation of confidentiality, either expressed or implied, with respect to the Contributions; (c) Xinerva shall be entitled to use or disclose (or, at any time, choose not to use or disclose) such as Contributions for any purpose, in any way, in any media worldwide; (d) Xinerva may have either a similarly existing or prospective and/or planned revision or addition to the Contributions already under consideration or in development; (e) your Contributions automatically become property of Xinerva, without any obligation of Xinerva to you; (f) you are not entitled to any compensation or further reimbursement of any kind from Xinerva under any circumstances of your Contributions.
You agree to indemnify and hold Xinerva and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors duly harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit, modify, or otherwise make available through any Xinerva services, your use of the Xinerva services themselves, your connection to any and all of the Xinerva services, your violation of the ToS, and/or your violation of any such rights of another.
Upon request, your user account can be granted deletion from Xinerva. You may submit a request for deleting your account at any time by emailing support@xinervatech.com. If you requested that your account be deleted, we will delete the personal data associated with your account.
You agree that Xinerva may, without prior notice, immediately terminate, limit your access to or suspend your Xinerva account, any associated email address, and access to the Xinerva services. Cause for such termination, limitation of access, or suspension shall include, but not be limited to; (a) breaches or violations of the ToS or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) discontinuance or material modification to Xinerva services (or any part thereof); (d) unexpected technical or security issues or problems; (e) extended periods of inactivity; (f) extended periods of inactivity and/or subsequent engagement by you in any fraudulent or illegal activities. Furthermore, you agree that all terminations, limitations of access, and cause for suspension(s) shall be made at Xinerva’s sole discretion, and principally that Xinerva shall not be made liable to you or any third party for any such termination of your account, any associated email address, or access change(s) to the Xinerva services.
For paid subscribers of Xinerva, under normal circumstances any advance subscription fees will be refunded to the subscribers upon termination. However, Xinerva reserves the right to not return the advance subscription fees in the event the subscription is terminated for violation of the ToS.
By creating an account with Xinerva, you agree that Xinerva can use your e-mail address to send you any number of marketing materials, including, but not limited to servicerelated notices, important information messages, and special offers. You can unsubscribe from this correspondence by clicking on the “Unsubscribe” link provided in the emails.
Our software, website and/or services may include software components supplied by third parties which are utilized on the basis of explicit permission from their respective licensors and/or copyright holders, on the terms provided by such parties ("Third Party Software"). Xinerva expressly disclaims any warranty or other assurance to you regarding Third Party Software. Please note that your use of the Third Party Software will be strictly governed by any term(s) and condition(s) of use and privacy policies of the Third Party Software providers, and not by either our Terms of Service or our Privacy Policy.