DigiMax CommodityHawk.ai Terms of Service
DigiMax Global Inc. (“we”, “us”, “our” or “DigiMax”) operates the website and mobile app known as Commodityhawk.ai (the “Solution”) and may provide certain other information, including email newsletters, subject to your compliance with these Terms of Service. Collectively, the Solution and/or any other information provided by DigiMax through or relating to the Solution, including video updates and email newsletters, shall be referred to as the “Services”.
Any individual accessing the Solution is referred to in these Terms of Service as a “User”. Any party with a Digimax website subscription, is referred to as a “Subscriber”.
The Terms of Service constitute a binding agreement between DigiMax and you, the User or Subscriber to the Service (“you” or “your”). By accessing the Solution or using the Services, you agree to be bound by these Terms of Service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT ACCESS THE SOLUTION OR USE ANY OF THE SERVICES.
We reserve the right at any time to:
Change any of the provisions of these Terms of Service;
Change the Services, including eliminating or discontinuing any content on, or features of, any portion of the Services; or
Change any fees or charges for use of the Solution and/or the Services.
You should check back and review these Terms of Service frequently to ensure you are aware of the latest provisions.
1 Terms and Conditions
By entering or using the Services you represent that:
(i) you are at least 13 years old or the minimum legal age in your country to use the Services (however, children of all ages may use the Services if enabled by a parent or legal guardian);
(ii) if you are under 18 years old, you represent that you have your parent or guardian’s permission to use the Services;
(iii) if you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Services, you are subject to the terms of these Terms of Service and responsible for your child’s activities;
(iv) you understand the risks associated with using the Services;
(v) you have the right, authority and capacity to enter into these Terms of Service on behalf of yourself and/or the person or entity that you represent (if applicable); and
(vi) are not prohibited from entering into these Terms of Service or using the Services under any applicable laws.
THE SOLUTION AND THE SERVICES ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. The Solution and the Services are not intended to be used as investment, tax, accounting, or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation, or sponsorship, of any company, security, or fund. The Solution and the Services should not be relied upon for purposes of transacting securities or other investments. DigiMax cannot and does not assess or guarantee the suitability or profitability of any particular investment, or the potential value of any investment or informational source.
In no event shall DigiMax be liable for any damages, costs, expenses, legal fees, or losses (including lost income, lost profits or opportunity costs) in connection with any use of, or inability to use, the Services or the Solution and any content provided from or through the Services or the Solution. YOU BEAR FULL RESPONSIBILITY FOR YOUR OWN INVESTMENT RESEARCH AND DECISIONS AND SHOULD SEEK THE ADVICE OF A QUALIFIED SECURITIES PROFESSIONAL BEFORE MAKING ANY INVESTMENT.
2 Cancellation Policy
Any trial or promotional period is always free unless otherwise specified. You may cancel at any time before the end of the trial or promotional period. Your credit card will not be charged until the end of the trial or promotional period.
You may contact us for subscription requests and inquiries at firstname.lastname@example.org. Please quote your email address and/or phone number on file.
3 Lifetime Subscriptions
A subscription can be transferred upon the death or incapacity of the Subscriber to a family member by giving written notice to DigiMax. The subscription of such family members would then terminate either upon termination by DigiMax or on their death and is not further transferable.
4 Term and Termination
These Terms of Service have no fixed term and shall remain effective until terminated in accordance with these Terms of Service.
You may cancel your subscription without any penalty any time through your account profile, and your subscription will terminate at the end of your current subscription period.
DigiMax may immediately terminate these Terms of Service, and/or your access to and use of the Solution and all or any part of the Services, in the event we determine, in our sole discretion, that you have breached these Terms of Service.
5 Code of Conduct
While using the Solution and/or the Services, you agree not to:
Restrict or inhibit any other User or Subscriber from using the Solution and/or the Services, including, without limitation, by means of “hacking” or “cracking” or defacing any portion of any of the Solution and/or the Services;
Use the Solution and/or the Services for any unlawful purpose;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third-party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so;(c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
Engage in spamming or flooding;
Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Solution and/or the Services;
Remove any copyright, trademark, or other proprietary rights notices contained on or in the Solution and/or the Services;
“Frame”, “mirror” or link to any part of the Solution and/or the Services without our prior written authorization;
Use any robot, spider, search/retrieval application, or 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 Solution and/or the Services;
Harvest or collect information about Users or Subscribers to the Solution and/or the Services without their express consent; or
Copy, download or rebroadcast any video files made available as part of the Services.
While using the Solution and/or the Services, you agree to comply with all applicable laws, rules and regulations.
6 Subscriber Restrictions
Individual Subscribers are only permitted to use their subscription, username or password personally. Subscribers shall not permit anyone else to access or use the Solution and/or any of the Services through their username, password or other credentials.
SUBSCRIBERS SHALL NOT DISCLOSE OR DISCUSS ANY OF THE CONTENT (INCLUDING, BUT NOT LIMITED TO, PRICE TREND PREDICTIONS, BUY/SELL RECOMMENDATIONS AND RELATED INFORMATION) AVAILABLE ON OR THROUGH THE SOLUTION AND/OR THE SERVICE TO ANYONE WHO IS NOT A CURRENT SUBSCRIBER. In particular, Subscribers may not post or communicate any of the time sensitive content, know as events and alerts, provided to them on or through the Solution and/or the Services, whether provided in text, numerical or graphic format, on or through any social media platform or service, discussion group, bulletin board, email or text distribution list or other means, without the express prior written consent of DigiMax.
Resale or transfer of any subscription or the information or content received from or through the Solution and/or the Services without the prior written consent of DigiMax in its sole discretion is strictly forbidden.
ANY SUBSCRIBER (OR ANY PERSON FOR WHOSE ACTIONS THE SUBSCRIBER IS RESPONSIBLE) WHO VIOLATES THE PROVISIONS OF THIS SECTION OF THE TERMS OF SERVICE SHALL HAVE THEIR SUBSCRIPTION TERMINATED. DIGIMAX FURTHER RESERVES THE RIGHT TO PURSUE LEGAL ACTION AGAINST ANY SUBSCRIBER WHO VIOLATES THE PROVISIONS OF THIS SECTION.
Because we receive many emails and suggestions from our Users and Subscribers, and sometimes re-distribute materials you give us, we need to obtain certain rights in those materials. By sending or transmitting to us suggestions, ideas, notes, concepts, information, or other materials (collectively, “Submissions”):
You represent to us that you are entitled to grant the rights set out in the following sub-paragraph and that you will indemnify DigiMax for any damages for which DigiMax may be liable to any third party as a result of your failure to grant all or any part of such rights; and
You grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, communicate to the public, make available, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of any Submission. None of the Submissions shall be subject to any obligation on the part of DigiMax, whether of confidentiality, attribution, or otherwise, and we shall not be liable to the owner of any Submission for any use or disclosure of the Submission.
8 Services and Tools
Your use of some areas of the Solution and/or certain Services may be governed by additional rules, which are available on DigiMax.com or by hyperlink from other Solutions. By using the Solution and/or any of the Services, you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the Services may have been provided by third parties for your use. You expressly acknowledge and agree that your use of all Services is solely at your risk.
9 Ownership and Restrictions on Use
The Solution and the Services are owned and operated by us in conjunction with others pursuant to contractual arrangements. You may access and use the content on or available through the Solution and/or the Services, and download and/or print out one copy of any content on the Solution and/or the Services, solely for your personal use. You may not republish, upload, post, transmit or distribute content from the Solution and/or the Services in any way without our prior written permission which may be withheld at our sole discretion. Modification of the content or use of the content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights in any such content by accessing or using the Solution and/or the Services.
CommodityHawk.ai is a trademark and/or service mark of DigiMax. All other trademarks, service marks, and logos used by DigiMax in providing the Solution and/or the Service to Users and Subscribers are the trademarks, service marks, or logos of their respective owners.
10 Jurisdictional Issues
The Solution and/or the Services are solely directed to individuals residing in the United States and Canada. We make no representation that the content on or available through the Solution and/or the Services is appropriate or available to access or use in other locations. Users or Subscribers who choose to access the Solution and/or the Services from other locations do so on their own initiative and at their own risk, and are solely responsible for compliance with local laws. We reserve the right to limit the availability of all or any portion of the Solution and/or the Services to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantity or type of any services or products offered as part of the Services.
The Solution and/or the Services, the materials provided as part of the Services, and any product or service obtained or accessed through the Solution and/or the services are provided “as is”, “as available” and “with all faults” and without representations or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, DigiMax and its suppliers, advertisers, and agents disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
DigiMax and its suppliers, agents and sponsors do not warrant that your use of the Solution and/or the Services will be uninterrupted, error free, or secure, that defects will be corrected, or that the Solution and/or the Services are free of viruses or other harmful components.
The Solution and/or the Services may provide links to other websites that are not operated by DigiMax. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any websites other than the Solution, nor for any loss or damages caused or alleged to have been suffered by you as a result of your use of or reliance on any such content.
You acknowledge that you are responsible for obtaining, maintaining and paying all charges related to all telephone, computer hardware and other equipment needed to access and use the Solution and/or the Services.
You assume total responsibility and risk for your use of the Solution and/or the Services. No opinion, advice, or statement of DigiMax or its suppliers, agents, members, or other Users or Subscribers, whether made through the Solution and/or the Services or otherwise, shall create any warranty. YOUR USE OF THE SOLUTION AND/OR THE SERVICES AND ANY CONTENT OF ANY KIND PROVIDED BY OR THROUGH THE SOLUTION AND/OR THE SERVICES ARE ENTIRELY AT YOUR OWN RISK.
You acknowledge that the internet and email are not 100% reliable. You agree that the email service is provided as a convenience and that the primary source of the Services is the DigiMax website. DigiMax is not responsible for your failure to receive any specific email communication. If you do not receive any expected email communication from DigiMax, you agree that it is your responsibility to check any spam filters or folders and to access any DigiMax information on the DigiMax CommodityHawk.ai website and use your assigned username and password.
The Solution and/or the Services could include inaccuracies or errors, or content that violate these Terms of Service (specifically, the Code of Conduct above). Additionally, it is possible that unauthorized alterations could be made by third parties to the Solution and/or the Services. Although we attempt to ensure the integrity of the Solution and the Services, we make no guarantees as to the completeness or correctness of the Solution and/or the Services at any time. In the event that you believe that any of the content on the Solution and/or the Services is inaccurate, erroneous, or violates these Terms of Service, please contact us via electronic mail to email@example.com. If possible, provide a description of the content to be checked and the location (URL) where such content can be found, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.
If you believe that any of the content on the Solution infringes on copyrights owned by you or any third party, please provide details to firstname.lastname@example.org.
12 Limitation of Liability
Neither DigiMax nor its suppliers, advertisers, affiliates, or agents or sponsors are responsible or liable to you for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Solution and/or the Services and/or content available on or through the Solution and/or the Services, or any product or service purchased through the Services including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Solution or the Services.
Your sole remedy for any damages you may have suffered through or related to your accessing or using the Solution and/or the Services and/or content available on or through within the Solution and/or the Services is to stop immediately using the Solution and the Services.
You agree that in any event the maximum liability which DigiMax shall have to you for any and all damages, losses, and causes of action, whether in contract, tort (including, without limitation, negligence), or otherwise relating to your accessing and/or use of the Solution and/or the Services shall be the total amount paid by you, if any, to access the Solution and/or the Services during the 12 month period immediately preceding the date that you first assert such a claim for any such damage, loss or cause of action.
You agree to indemnify, defend and hold us, our officers, directors, employees, consultants, advisors, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable legal fees and disbursements), or other expenses that arise directly or indirectly out of or from (a) your breach of these Terms of Service, including any violation of the Code of Conduct above; (b) any allegation that any Submissions or other communication that you submit to us or transmit to the Solution and/or the Services infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Solution and/or the Services.
Any controversy or claim, other than an action for injunction, arising out of or relating to these Terms of Service, or the breach thereof, the content of the Solution and/or the Services or the use of any information obtained from DigiMax regardless of the medium of transmission, shall be settled by arbitration administered by the International Centre for Dispute Resolution Canada in accordance with its Canadian Arbitration Rules, in front of one arbitrator, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such arbitration shall take place in Toronto, Ontario CANADA. The language of the arbitration shall be English. You agree that the prevailing party in any such arbitration between you and DigiMax shall be entitled to reimbursement of reasonable attorneys’ fees and costs and that the arbitrator shall include an amount of attorneys’ fees and costs in the award. The arbitrator’s award(s) and directions will be final and binding upon the parties and there will be no appeal therefrom on any question of law, fact or mixed fact and law.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The Mobile Application Solution is free of charge and may include additional information for Subscribers of DigiMax advanced paid services. Optional rates for our Services may be obtained from our website CommodityHawk.ai or via electronic mail at email@example.com. We reserve the right to change fees, surcharges, monthly or other periodic subscription fees, or to institute new fees at any time as provided in these Terms of Service. However, any future price increases will NEVER have any retroactive effect.
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on the Solution and/or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Solution and/or the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
We reserve the right, in our sole discretion, to modify the terms of these Terms of Service from time to time. If we make changes, we will provide you with notice of such changes, such as by providing notice through the Solution or the Services or updating the “Last Updated” date at the top of the Terms of Service. Unless we state otherwise in our notice, all such modifications are effective immediately, and your continued use of the Solution or the Services after we provide that notice will confirm your acceptance of the changes. If you do not agree to the amended Terms of Service, then your only recourse is to terminate the Terms of Service and stop using the Services.
Complaints should be directed to: firstname.lastname@example.org