Terms of Use for EnzoMind.com platform
1. Description of the Site and Membership
2. General Terms and Conditions and Agreements
3. Limitations
4. Site Management and Operation
5. Credits and Payments
6. Member Account
7. Statements and Guarantees
8. Limitations and Disclaimer
9. Termination and Resolution of Agreement
10. Effect of Termination of Agreement
11. Suspension
12. Miscellaneous
THIS DOCUMENT IS LONG AND CONTAINS MANY IMPORTANT PROVISIONS THAT AFFECT YOUR RIGHTS AND OBLIGATIONS. BY CHECKING THE ACCEPTANCE BOX AT THE END OF THIS GENERAL TERMS AND CONDITIONS AGREEMENT (“AGREEMENT”), YOU AGREE TO BE BOUND BY THIS AGREEMENT. WE ENCOURAGE YOU TO PRINT A COPY OF THIS AGREEMENT AND KEEP IT FOR YOUR RECORDS.
This Agreement describes your use of the EnzoMind.com website, including, but not limited to, login access and all services offered by EnzoMind on or through the EnzoMind.com website, and all services and uses listed therein, for purposes of this Agreement, hereinafter referred to as the "Site."
1. Description of the Site and Membership
The company's business profile is to perform market analyses, with an international reach. The range of analytical platform services is provided using a system based on artificial intelligence (neural networks), which demonstrate in-depth and precise stock market analysis, helping to achieve higher effectiveness of decision-making. For analytical calculations, the company uses an innovative server matrix mechanism with enormous computing power.
When a visitor to the Site registers and becomes a Member of the Site, he or she must select a login name ("Member Name") and an appropriate password to create his or her personal Member Account. During registration, each Member may specify the default country (as well as the language and currency corresponding to that country) for the IP address from which the User connects to the Site. EnzoMind, at its sole discretion, may grant the Member the opportunity to specify a country other than the default country (however, the language and currency corresponding to that country are determined by EnzoMind). Once this information is entered during registration, it cannot be changed. The Member may also specify whether he or she is registering as an individual user or on behalf of a company or legal entity (in which case the name of the company or legal entity must also be provided).
2. General Terms and Conditions and Agreements
The use of the Site means that you are familiar with and agree to the general terms of this Agreement and that you will be bound by the terms of this Agreement. If you do not agree to be bound by the terms of this Agreement, please do not use the Site and the services offered through the Site. EnzoMind reserves the right, at its sole discretion, to modify the general terms of this Agreement, at any time, in whole or in part. Any changes made will be effective upon publication of such changes on the Site. Your use of the Site after the modifications are made means that you agree to the changes made to the general terms of this Agreement. If you do not agree to be bound by the general terms of this Agreement, after the changes, you may not use the Site. If at any time you decide that you do not agree to the general terms of this Agreement, modified or not, do not use the Site. The services of the Site are available only to individuals, legal entities that can legally enter into contracts and are subject to applicable law. Without limiting the above, the services of the Site are not available to minors (persons under 18 years of age), unless under the control of an adult, mother/father or legal guardian, then the mother/father or guardian will be responsible for the use of the Site. Your Membership Account on the Site may not be sold or transferred to another individual or legal entity. If you are using the Site on behalf of a legal entity, you hereby declare and warrant that you have the appropriate authority to enter into this Agreement on its behalf.
3. Limitations
You agree that you will not use the Site in a manner inconsistent with the terms of this Agreement or in violation of any law, regulation or code of any applicable jurisdiction. EnzoMind will terminate a user's access to the Site if the user is determined to be a repeat infringer. A repeat infringer is a user who has been notified of his or her infringing activities more than twice.
You will not attempt to gain unauthorized access to system or program materials, networks assigned to the Site, or attempt to obtain services or information that you inadvertently gain access to through EnzoMind on or through the Site. You will not attempt to gain unauthorized access to the Member Account of any other person or entity, or otherwise interfere with any other person or entity's use of the Site. You will not use misleading or invalid information (for example, false names or invalid email or URL addresses) in order to use the Site, including without limitation, personally identifiable information in your Member Account. You may not use the Site in a fraudulent manner, or in any way for which the Site is not intended.
4. Site Management and Operation
EnzoMind reserves the right, at its sole discretion, to change or discontinue any or all of the services on the Site at any time. You acknowledge and agree that EnzoMind has no obligation to operate or maintain the Site or any part of it or similar services made available to you (whether this is an intentional or unintentional act on the part of EnzoMind). EnzoMind reserves the right, at its sole discretion, to discontinue or cancel your Member Account at any time, including, without limitation, your Member Name and Password.
You acknowledge and agree that EnzoMind may store personal data and other information about your computer in the form of "cookies". The functioning of the Website is associated with the use of cookies. You acknowledge and agree that limiting or prohibiting the appearance of cookies on your computer may have a negative effect on the use of the Website. You acknowledge and agree that EnzoMind may also store personal information about you on computers in Poland and abroad. By using the Website, you acknowledge and agree that EnzoMind may, at its own discretion, store or share your personal data if required by law or if it is necessary for the purposes of legal proceedings; the execution of this Agreement, to protect the rights, property, safety of EnzoMind, and its public users.
5. Credits and Payments
Transactions on the Site will be made using Site Credits (“Credits”) in accordance with the Payment Policy and EnzoMind’s Standard Pricing and will be subject to a fee, subject to any amounts that may be due to EnzoMind in respect of such transactions. If you request an analysis, the amount of Credits you have in your Member Account will be reduced by the price of the services. Credits come in two forms: “Standard Credits” and “Promotional Credits.”
You may only receive Standard Credits by purchasing them using a credit or debit card, online account, electronic bank transfer or other means permitted by EnzoMind. If you purchase Standard Credits using a credit or debit card or online account, you warrant that you are the cardholder or account holder and that the details provided for billing purposes are correct. You hereby authorize EnzoMind to charge the total amount of your purchases, including any sales or similar taxes, to your credit or debit card or online account. Standard Credits are non-refundable and non-refundable. You may purchase Credits only in the currency you specify when creating your Member Account on the Site or as indicated by EnzoMind. EnzoMind may, at its sole discretion, offer Promotional Credits from time to time. You may not convert Promotional Credits into cash. You may only use them to complete transactions on the Site. Each charge is identified by a VAT invoice.
6. Member Account
You acknowledge and agree to maintain the confidentiality of the Member Name and Member Account details provided by EnzoMind, the Password you have selected and approved by EnzoMind for use under that Member Account Name. Your Member Name, your Member Account and your Password are personal to you and may not be transferred or shared with any other person or entity.
You acknowledge and agree that you are the sole person (entity) responsible for all use of the Site by your Member Account, under your Member Name and using your Access Password. You also acknowledge and agree that EnzoMind may consider the use of the Site by your Account, under your Member Name and using your Access Password as proof of your use of the Site.
7. Statements and Guarantees
In addition to the foregoing representations and warranties of both parties, EnzoMind and Member hereby represent and warrant that they have full right to be parties to this Agreement.
8. Limitations and Disclaimer
You agree that neither EnzoMind nor its affiliates, nor any of their respective administrators, directors, employees, owners, representatives, licensors and (sub)licensees (other than the Downloading User) shall be liable for any direct, incidental, indirect or consequential damages resulting from the use or non-use of the Analyses, even if both parties have been notified and warned of the damages or the possibility of damages. The content of this website is for informational and educational purposes only, and the individual texts are an expression of the personal views of their authors. This website, neither in whole nor in part, constitutes a "recommendation" within the meaning of the provisions of the Regulation of the Minister of Finance of October 19, 2005 on information constituting recommendations regarding financial instruments or their issuers (Journal of Laws of 2005, No. 206, item 1715). The content contained in the website does not meet the requirements for recommendations within the meaning of the aforementioned act, including: they do not contain a specific valuation of any financial instrument, are not based on any valuation method, and do not determine investment risk. EnzoMind.com is not responsible for investment decisions made based on reading the content or analyses presented therein, in particular it does not indicate specific companies for investment purposes, nor does it encourage investing at all. The service is not responsible for the consequences of users' actions taken based on reading the service. When investing, you should use many sources and compare them before making a decision. In particular, the editorial team makes every effort to ensure that the presented content, especially numerical data, is correct. It should be understood that they are processed and presented automatically by the service's software, so in the event of an error, some time may pass before it is corrected.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. FOR THE PURPOSE OF CLARIFICATION, ENZOMIND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE WWW.ENZOMIND.COM SITE, THE SERVICES AVAILABLE AT WWW.ENZOMIND.COM, OR THE FILES AVAILABLE AT ENZOMIND.COM, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT UNDER COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY LAWS, OR THAT THE SERVICES, OTHER MATERIALS OR FILES ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER ELEMENTS OF A HARMFUL AND/OR DESTRUCTIVE NATURE.
9. Termination and Resolution of Agreement
This Agreement will remain in effect unless terminated in accordance with this Section 9. EnzoMind may, in its sole discretion, terminate this Agreement at any time if any of your representations, warranties or obligations under this Agreement are breached. You may terminate this Agreement at any time by accessing your Member Account on the Site and sending a termination request to EnzoMind. In the event that EnzoMind terminates this Agreement, you will be notified of such termination. EnzoMind reserves the right, in its sole discretion, to terminate your Member Account at any time, including without limitation deleting your Member Name and Password.
10. Effect of Termination of Agreement
Upon termination of this Agreement:
1. Your Membership Account will be canceled and closed, your Membership Name and your Access Password will be deactivated;
2. all Analyses you request will be deleted from the Site; except for EnzoMind’s use of Analyses for internal reference and archival purposes;
3. all Standard Credits will be refunded and converted into cash after deducting the transaction costs in accordance with the Payment Policy and Standard Price List;
4. You lose all rights, titles, and benefits from all Promotional Credits.
Termination of this Agreement will not release you from any obligation to pay any costs incurred prior to Termination, or any other obligation that has not been intentionally terminated. The provisions of Sections 6, 8, 10 and 12 shall survive any termination of this Agreement.
11. Suspension
EnzoMind reserves the right, at its sole discretion, to suspend your Member Account at any time. In the event of suspension of your Account, you will not be able to request an analysis on the Site during the suspension period, but you will continue to have access to your Member Account using your Username and Password. You may also download Analyses. For the avoidance of doubt, it is understood that EnzoMind will not delete analyses that were requested prior to the suspension of your Member Account, and your analyses will continue to be available for download.
12. Miscellaneous
This Agreement shall be governed by and construed in accordance with applicable Polish law, without regard to conflicts of law provisions. The exclusive jurisdiction to adjudicate any disputes, differences of opinion or claims arising under or in connection with this Agreement, or any breach of its terms, shall be vested solely in the local court located in the district where EnzoMind is headquartered, having jurisdiction in the relevant matter within the Warmian-Masurian Voivodeship. You agree, and EnzoMind agrees, to submit to the personal jurisdiction of any of these courts, without raising any objections to this fact. The relationship between EnzoMind and you is that of the parties to this Agreement. For the avoidance of doubt, the parties are not connected by a partnership, are not partners, principal and agent, or employer and employee. Neither party is or will be bound by the other party in any way. You agree to be responsible for any use, sales, value added or similar taxes or duties imposed by any governmental authority or law in connection with your use of the Site.
There is no waiver by EnzoMind of any right, privilege or remedy under this Agreement. Nor will EnzoMind delay in exercising any such right, privilege or remedy. EnzoMind reserves the right, at its sole discretion, to assign or transfer any or all of its rights and obligations received under this Agreement. You may not assign or transfer any of your rights or obligations under this Agreement. This Agreement is binding upon EnzoMind and you, and your respective successors. This Agreement does not expressly or impliedly contemplate the consultation of any person or entity other than EnzoMind and you, and your respective successors, for the purpose of assigning any rights, remedies or obligations under this Agreement. Whenever the context requires, the singular shall include the plural and conversely, the masculine, feminine and neuter shall include the respective genders. If any provision of this Agreement is invalid, illegal or unenforceable, all other provisions of this Agreement shall remain in effect. The headings contained in the Agreement are for convenience of reference only and their use shall not be considered in the interpretation of this Agreement.
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