Terms of Use

Preliminary provisions

  1. This Terms of Use (“Agreement”) is a legal contract between you and EXERIA and applies to your use of exeria.com or exeria.efixdm.pl (the “Website”), including any information and materials therein and any software that EXERIA makes available that allows you to access the website from a mobile device. By accessing all or any part of this Website, you fully accept and agree to comply with all of 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.
  2. EXERIA may change these Terms of Use at any time. Such changes are effective immediately and are incorporated into this Agreement when posted by EXERIA to the Website. If you continue to use the Website after changes are made to these Terms of Use, you are signifying your acceptance of the new terms.
  3. EXERIA 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. EXERIA shall not be liable for any modification, suspension or discontinuance of any services.

Copyright and other Intellectual Property

  1. 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 and the selection and arrangement of the aforementioned are owned, licensed or controlled by EXERIA, 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, domain name, patent, trade secret, international treaties and other proprietary rights and laws of relevant jurisdictions.
  2. You acknowledge and agree that EXERIA, 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 any license or right to use any of the content, trademarks, copyrights, or other proprietary material without the express written permission of EXERIA or such other party as may own the proprietary rights therein and any rights not expressly granted herein are reserved to EXERIA 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.
  3. You further acknowledge and agree that, unless EXERIA, 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.
  4. Trademarks that are used or displayed on this Website are owned by EXERIA or by Third Party Providers. The trademarks of EXERIA may not be copied or used, in whole, partial or modified form, without the prior written permission of EXERIA or, if applicable, the Third Party Provider. In addition, EXERIA custom graphics, logos, button icons, scripts, and page headers are covered by trademark, 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 EXERIA.
  5. By sending content to EXERIA or by posting it on the Website, you grant EXERIA and all other users/registered users of the Website a license to use that content, with accordance to the Copyright and related rights Act, dated 4th of February 1994. The license is perpetual, territorially unlimited, non-exclusive, free and transferable. The license includes the right to use, duplicate, promote and publicly disseminate the content. You also grant EXERIA the right to create derivative works based on the content.

No Warranty

  1. 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 EXERIA, and they may include inaccuracies or typographical or other errors. EXERIA does not warrant the accuracy or timeliness of the information and materials contained on the Website. EXERIA has no liability for any loss of, or errors or omissions, whether provided by EXERIA, its licensors or suppliers or other users.
  2. The information and materials contained on this website - including text, graphics, links or other items - are provided "as is" and "as available". EXERIA, its subsidiaries, and third party providers 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. Exeria 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 EXERIA that it is correct and up to date.
  3. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement 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 EXERIA 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.

Disclaimer regarding investment decisions and trading

  1. 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. Decisions to buy, sell, hold or trade in securities, financial products or instruments, or to participate in any particular trading strategy, 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 risks and can cause you to lose substantial sums of money. Before undertaking any trading program, you should consult a qualified financial professional. Please consider carefully whether such trading is suitable for you in light of your financial condition and ability to bear financial risks. Under no circumstances shall EXERIA 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 material you receive through this Website or our services. Nothing contained on this Website is intended to be, nor shall it be construed to be, legal, tax, accounting or investment advice.

No Warranty

  1. Hypothetical performance results have many inherent limitations, some of which are mentioned below. No representation 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 performance results and actual results subsequently achieved by any particular trading program.
  2. One of the limitations of hypothetical performance results is that they are generally 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 to adhere to a particular trading program in spite of the trading losses are material points, which can also adversely affect trading results. There are numerous other factors related to the market in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.

Limitation of Liability

  1. In no event will EXERIA 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 EXERIA or its agents or advisors are advised of the possibility of such damages, losses or expenses. Past performance is no guarantee of future results.

Indemnity

  1. You agree to indemnify and hold harmless EXERIA and its subsidiaries, affiliates, officers, agents, employees, partners and licensors from and against any and all claims, demands, costs, damages and or penalties, 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 the Website, your use of the Website, your connection to the Website, your violation of the Agreement, or your violation of any rights of another.

Third Party sites and advertisers

  1. EXERIA may provide links to third party websites on the Website. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. You agree that EXERIA shall not be held liable for any trading activities or other activities that occur on any website you access through links on the Website. EXERIA provides these links as a convenience, and does not endorse the content or services offered by these other sites. Any dealings that you have with advertisers found on the Website are between you and the advertiser and you acknowledge and agree that EXERIA is not liable for any loss or claim you may have against an advertiser.
  2. Unauthorized soliciting on the Website is strictly prohibited and may result in penalties, including but not limited to, temporary or permanent bans of the account found in violation, and any appropriate and available legal action for monetary and other damages.

Registration

  1. 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 EXERIA suspends or withdraws such service.
  2. "In consideration of your use of the Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Website and/or our services under the laws of any applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form and (b) maintain and promptly update the above mentioned information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or EXERIA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EXERIA has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof)."

No Unlawful or Prohibited Use; Monitoring of this Website

  1. You are prohibited to:
    • use this Website in any manner that could damage, disable, overburden or impair any EXERIA server, or the network(s) connected to any EXERIA 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 EXERIA 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 EXERIA infrastructure;
    • make any other unlawful use of the Website.
  2. The above list of prohibitions provides examples and is not complete or exclusive. EXERIA 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 EXERIA determines is inappropriate or disruptive to the Website and/or any other user of the Website. EXERIA 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 EXERIA’s discretion, EXERIA 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.
  3. ICE is not required to, but reserves the right, in its sole discretion, to monitor any and all use of this Website.

Termination

  1. EXERIA 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. EXERIA shall not be liable for any modification, suspension or discontinuance of any services.
  2. EXERIA does not terminate user accounts and/or any associated published content on customer’s demand. This policy prevents users from keeping only their best ideas public and gives other users confidence in the public reputation.
  3. You agree that EXERIA may, without prior notice, immediately terminate, limit your access to the Website or suspend your user account, any associated email address, and access to our services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the Agreement or other guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Website or our services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) and/or engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in EXERIA’s sole discretion and that EXERIA shall not be liable to you or any third party for any termination of your account, any associated email address, or access to our services.

Choice of Law

  1. By accessing the services on the Website, you agree to be governed by the laws of the Republic of Poland. 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 courts located in Poznań, Poland. The proper court in Poznań will be selected based on the registered office address of EXERIA. This choice of jurisdiction does not prevent EXERIA from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.

Miscellaneous Terms

  1. These Terms and Conditions constitute the entire agreement between you and EXERIA with respect to the subject matter addressed herein, and governs your use of the Website, superseding any prior agreements between you and EXERIA relating to such subject matter. These Terms and Conditions may be supplemented by any other agreement you enter into with EXERIA pursuant to a registration to access certain features of the Website.
  2. The individual parts of the Website may contain additional terms and conditions of use. If these rules are in conflict with these Terms of Use then the rules governing the particular pages or parts of the Website become the binding rules.
  3. The failure of EXERIA 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.
  4. The section headings used in this Agreement are for convenience only and have no legal effect.
  5. EXERIA 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 a particular Internet address to this Website.