TERMS OF SERVICE

Last updated: Jan  01, 2023

OVERVIEW

This is the official Website (the “Website”) of Maxsi LLC (collectively “Maxsi”). Throughout www.maxsi.io (the “Website”), the terms “we”, “us”, “our” and the “Company” refer to Maxsi. The Company offers this Website, including all information, tools and services available from this Website to you (the “user”, “customer”, “client”, “investor”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Website, registering on our Website, purchasing something from us, engaging in an agreement with us or investing with us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Agreement”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, investors, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to be bound by the Terms, you must cease all use of the Services and exit this Website. By using the Website you are deemed to have accepted these terms and conditions.

Any new features, tools, or products which are added to this website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. The Terms may be altered or superseded by designated legal notices described on certain website pages. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

By using or otherwise accessing the Services, you expressly agree that: the Company has offered the Services in reliance upon the warranty disclaimers, releases, and limitations of liability contained herein; These warranty disclaimers, releases, and limitations of liability reasonably and fairly allocate risk between you and the Company; and These warranty disclaimers, releases, and limitations of liability form an essential basis of the bargain between you and the Company, and that without such warranty disclaimers, releases, and limitations of liability the Company would be unable to provide the Services to you.

SECTION 1 – GENERAL TERMS

The following rules apply unless the context of this Agreement requires otherwise: 

  • the singular includes the plural and vice versa;

  • if a word or phrase is defined, its other grammatical forms have a corresponding meaning;

  • headings are for convenience only and do not affect the interpretation of this Agreement;

  • a reference to dollars is to a reference to currency of the United States of America;

  • if a period of time is specified from, after or before a given day or the day of an act or event, it is to be calculated exclusive of that day; and

  • references to any person include references to any individual, company, body corporate, association, partnership, firm, joint venture, trust and governmental agency.

We reserve the right to refuse service to anyone for any reason at any time. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence.

You may not use our Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws, money laundering or terrorist financing). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms, or a reason to suspect any illegal activity or unauthorized use of our Services, will result in an immediate termination of your Services.

You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; (b) transmission to different geographical locations; and (c) changes to conform and adapt to technical requirements of connecting networks or devices.

SECTION 2 - CONSENT AND NOTICE REGARDING ELECTRONIC COMMUNICATIONS

By selecting “I Agree”, “Agree”, “Join”, “Join Us”, “Join Now”, “Submit”, “Send”, “Approve”, “OK”, “Yes” or other similar approval or submission buttons, checkboxes or tick boxes (“Submit Buttons”) on the Website, you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement. By selecting Submit Buttons you consent to be legally bound by this Agreement’s terms and conditions. You further agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide the Company instructions, or in accessing or making any transaction regarding any agreement, acknowledgement, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as “E-Signature”), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third-party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and the Company. You also represent that you are authorized to enter into this Agreement for all persons who own or are authorized to access any of your accounts and that such persons will be bound by the terms of this Agreement.

Additional Conditions

In order to use certain features, participate in promotions, or receive/use some Services, the Company may require you to agree to additional rules, policies, or other conditions (collectively, “Conditions”). In such an event, you may be required to consent to additional terms set forth in certain applicable Conditions by clicking on a button or checking a box to indicate your consent. In the event that the terms of such “click-through” agreements differ from the Terms, the terms of the click-through agreement will alter the Terms with respect solely to matters governed by the click-through agreement.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. All of the information contained on the Service is for entertainment and educational purposes only and is not to be construed as investment or trading advice. Any reliance on the material on this Website is at your own risk. Opinions and projections included on the Website are provided as of the date of publication, may prove to be inaccurate, and are subject to change without notice. Users should not treat these materials as advice regarding legal, tax, or investment matters. No recommendations are made to invest in Digital Assets, the Company nor any other investment. Past performance is no guarantee of future results.

This Website may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information. No specified update or refresh date applies to the Website, the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices, fees, minimums, and other criteria for doing business with us are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the Website. Products and services cannot be returned nor refunded. All sales of our products, subscriptions, services are final. The Company has a no refund policy. This applies to all products, subscriptions, services which have been delivered or part delivered by Company, Company staff.

Certain of the Company’s products and services are offered on an ongoing basis with a monthly or yearly subscription. Users may cancel subscriptions at any time. Your subscription shall continue until the end of the existing subscription period and shall terminate at the completion of that period. You shall not be charged after a cancellation. No Refunds. All sales are final, and the Company does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and services or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel any order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made on the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. The Company does not endorse such external websites and resources, and the Company is not liable for any content, advertising, products, or materials on or available from such websites or resources. The Company is not liable for any loss or injury suffered by you as a result of visiting any external websites or resources linked to through the Services. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions, content entries or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to support or conduct money laundering or terrorist financing activities, or (l) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or use of the Website for violating, or being suspected of violating, any of the prohibited uses outlined above.

SECTION 11 – PROPRIETARY INFORMATION

The Company owns and operates the Services. By using the Services, you agree that the Services, any software or algorithms used in connection with the Services, and any Company Content may contain proprietary and confidential information that is protected by intellectual property and other applicable laws. You may not modify, rent, lease, loan, license, sell, distribute, or create derivative works based on the Services, software, or Content offered, unless such use is expressly authorized by the Company in written agreement.

Kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility.

SECTION 12 – COPYRIGHT

Other than the downloading of the Website to a single personal computer and the printing of one hard copy for personal use, no information on the Website in whatever form may be reproduced or distributed in any form for commercial or business use without the prior written consent of an authorized representative of The Company. Any other use of the information including (but not limited to) its modification, republication and distribution are forbidden. The rights of any other owner of information contained on the Website or on any links from it are reserved.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

SECTION 13 – CUSTOMER REGISTRATION INFORMATION

The Services require account registration on the Website or with the Company to use (“Customer Account”). In creating your Customer Account, you agree to: Provide true, current, accurate, and complete information as prompted by the Customer Account registration form (“Customer Data”); and maintain and punctually update the Customer Data, as it may be required, to keep the data accurate and current. The Company uses the Customer Data to provide the Services, and any inaccurate or dated Customer Data will hinder the Company’s ability to provide the Services. As a result, if the Company has reasonable grounds to suspect that the Customer Data is inaccurate or dated, the Company has the right to suspend or terminate your Customer Account. The Company also has the right to refuse any future use of the Services by you. As consideration for using the Services, you represent and warrant that you are able to form a legally binding contract and are not otherwise barred from receiving the Services under the laws of any jurisdiction.

Password

As part of the registration process, you may be asked to provide a password for your Customer Account. You should keep your password confidential at all times, as you are responsible for all activities that initiate from your Customer Account and you can only access your Customer Account upon inputting your password. Do not share your password with anyone else for any reason. While the Company uses reasonable security protocols to protect the confidentiality of your password, the Company cannot guarantee absolute security of your password, Customer Account, Customer Content, or the personal, and financial information that you provide. The Company cannot guarantee that the security measures in place will prevent third-party hackers from illegally accessing the Services or its contents. By using the Services and creating a Customer Account, you agree to accept all risks of unauthorized access to the Customer Data and other information you provide to the Company. In the event of an unauthorized use of your Account, you shall notify the Company of the unauthorized access, or any other security breach, at once. By using the Services and creating a Customer Account, you agree to accept all risks of unauthorized access to the Customer Data and other information you provide to the Company. The Company retains the right to suspend your Customer Account or require you to change your password if the Company believes for any reason that your password is no longer secure.

Data

Whilst the Company will take all reasonable steps to protect all personal information received from you it does not guarantee the security of any information given to it via this Website or any Website accessible through it.

If you provide the Company third-party credentials and other sensitive information, the Company is not liable for any loss or damage that may result from the availability of these credentials, or any exposure the sharing of these credentials creates. For managed accounts, if you create an Applications Programming Interface (“API”) key incorrectly or create an API key with the wrong access privileges, or create and API key without proper IP whitelisting you are exposing your account to heightened risk of theft, adversarial usage, hacking or other damages. The Company accepts no liability for your handling of API information, or your provision of API key details to us.

SECTION 14 – CUSTOMER CONTENT

Any and all information, other than that governed by the Policy (e.g. personal information), including but not limited to data, text, financial information, software, sound, photographs, video, graphics, messages, and all other materials that you transmit, upload, or supply to the Company is Customer Content. The Company is not responsible for Customer Content. You are responsible for all of the Customer Content that you upload, post, transmit, or otherwise make available, whether privately or publicly, through the Services and the Company network. Customer Content is not controlled or monitored by the Company, and thus, the Company does not guarantee the accuracy, quality, or integrity of any Customer Content. By using the Services, you may be exposed to Customer Content that you find offensive, indecent, or otherwise objectionable. The Company will not be liable in any way for any Customer Content under any circumstances. Such circumstances include, but are not limited to, any mistakes or omissions in Customer Content; or any loss or damage of any kind suffered as a result of the use of any available Customer Content. Notwithstanding the above, the Company reserves the right, but has no obligation or duty, to monitor any and all Customer Accounts, or web or mobile activities, related to the Services. The Company reserves the right, but has no obligation or duty, to monitor any Customer’s use of or access to the geographic and personal information of other Customers. The Company may access, preserve, and release your Customer Content, Payment Method, and Customer Data if required to do so by law or in a good faith belief that such action is reasonably necessary to: Satisfy any applicable law, regulation, judicial process, or government request; Enforce the Terms and investigate potential violations of the same; Investigate and defend against any third party allegations; Respond to claims that any Customer Content violates the rights of third parties; Respond to your requests for customer service; Prevent fraud; Secure the integrity of the Services and network; Repair any technical issues; or Protect the rights, property, or personal safety of The Company its customers and employees, or the public as permitted or required by law. The Company may at all times use reasonable efforts to maintain the confidentiality of your Customer Data and Payment Method information.

Customer Content Warranties

By uploading, posting, transmitting, or otherwise providing Customer Content through the Services, you expressly warrant that: You alone are responsible for transmission, accuracy, and publication of the Customer Content, and that, as such, The Company bears no liability, in any capacity, for the Customer Content; You own and/or control all of the rights to that Customer Content; and The uploaded, posted, or otherwise transmitted Customer Content does not infringe on or otherwise violate the rights of any third party, including any intellectual property rights of the third party.

Prohibited Customer Content

You may not upload, post, transmit, or otherwise make available Customer Content through the Services or the Company network that: Is patently offensive and/or promotes racism, bigotry, homophobia, hatred or physical harm of any kind against any group or individual; Harasses another person; Advocates for the harassment of another person; Sexually exploits another individual; Violently exploits another individual; Contains nudity, violence, offensive, or lewd subject matter; Provides the telephone number, street address, last name, email address, or any other sensitive personal information of anyone except you; You know, or reasonably should know, is false or misleading; Promotes illegal or criminal activities or conduct that is abusive, threatening, obscene, or defamatory. Such illegal activities include, but are not limited to, providing instructional information about illegal activities, violating someone’s privacy, or providing or creating computer viruses; Violates any intellectual property or other proprietary right of any third party. This includes Customer Content that promotes or advertises an illegal copy of another individual’s copyrighted or otherwise protected work; Transmits, or otherwise encourages or facilitates the transmission of, junk mail, chain letters, spam, bulk mass mailing, or phishing; Solicits personal information, such as passwords, from other Customers for commercial or unlawful purposes; Promotes or involves commercial activities without the Company’s prior written consent. Such commercial activities may include contests, sweepstakes, trades, advertising, and sales of goods; Violates a third party’s privacy. Such violations include posting a photograph of a third party without his or her consent or posting the picture of a minor without the consent of his or her parent or guardian; or Contains a virus, Trojan horse, or other malicious component. The Company reserves the right to suspend or terminate your Customer Account and your access to and use of the Services if it reasonably believes that you have uploaded, posted, transmitted, or other made available any of the prohibited Customer Content through the Services or the Company network.

Third party access to customer content

The Company may provide you with the ability to make certain submitted Customer Content “Private” or only available to select Customers of the Services. If you make such an election upon the submission of Customer Content, the Company may use reasonable efforts to maintain the privacy of such Customer Content in accordance with your decision. However, if no such election is made, or if you later elect to allow such Customer Content to be generally available, then the Company cannot and does not warrant the privacy of such Customer Content. The Company uses reasonable efforts to prevent Customer Content from any disclosure to, or access by, any third parties that exceeds your Customer Account and Service requirements. However, posting Customer Content poses an intrinsic risk that the content will be unintentionally and accidentally disclosed to and accessed by third parties. As a result, the Company cannot promise that your Customer Account settings will completely protect against some of your Customer Content from being disclosed to or accessed by unintended third parties. The Company shall not be liable for any such accidental and unintended disclosures.

Ownership of customer content

The Company does not own Customer Content. However, you grant the Company a worldwide, perpetual, irrevocable, royalty-free and non-exclusive license, as applicable, to use, copy, distribute, reproduce, modify, adapt, create derivative works from, publicly perform and display, incorporate, and otherwise exploit any Customer Content that you post or make available in connection with The Company or the Services for any purpose, be it commercial, advertising, or otherwise, or in connection with the promotion or operation of the Company or the Services. By uploading, posting, or otherwise making available in connection with the Company or the Services any Customer Content, you waive any moral rights that you may have had in said Customer Content.

Review of customer content

The Company and its agents shall have the right, but not the obligation or duty, to pre-screen, monitor, refuse, or remove any Customer Content that is available through the Services. By using the Services and consenting to the Terms, you understand and admit that when you access or use the Services you may be exposed to Customer Content from many sources, and that the Company is not liable for the accuracy, safety, usefulness, or legality of any of the Customer Content. Additionally, you may be exposed to Customer Content that you find personally and/or objectively offensive, inaccurate, indecent, or injurious. The Company is not liable for any harm suffered as a result of your exposure to such Customer Content, and you hereby waive any and all legal and equitable rights or remedies you may have against the Company with respect to this Customer Content. You bear any and all risks associated with the use of any Customer Content available through the Services, including your reliance on the accuracy or completeness of such Customer Content. Notwithstanding any of the foregoing, the Company shall have the right to remove any Customer Content that violates the Terms or is otherwise objectionable. The right to remove objectionable Customer Content is exercisable by the Company in its sole and absolute discretion.

SECTION 15 - THE COMPANY CONTENT

The trademarks, trade names, trade dress, service marks, copyrighted material, source code, algorithms, financial market analysis, and other information (collectively, “the Company Content”) contained in the Products and Services and on the Company network are owned by the Company.

Ownership

The Company is the exclusive owner of all the Company Content, including any and all copyrights, trademarks, trade dress, service marks, source code, algorithms, and other intellectual property rights. The names “Maxsi LLC”, “Maxsi”, along with the associated logos, marks, designs, and names of the specific Services are the exclusive trademarks of the Company, and you shall not use or display such trademarks in any manner without the Company’s prior written consent. All rights not expressly granted hereunder are expressly reserved by the Company. Any third party trade or service marks displayed through the Services are the property of their respective owners.

Except as expressly permitted by certain Services as provided for in the Conditions applicable to those Services, you may not download, copy, or save any Company Content or any portion thereof, for any purpose. You may print individual screens appearing as part of the Services only for personal use or records (e.g. printing a screen grab of a specific financial market analysis), provided, however, that any logos, marks, or other legends that appear on the screens remain and are not erased from the printed copy. Unless expressly permitted under the Terms, applicable Conditions, or with the prior written consent of the Company, you may not modify, copy, publish, display, adapt, transmit, or otherwise exploit the Company Content.

The Company does NOT give Financial or Investment Advice

The Company Content does NOT constitute FINANCIAL OR INVESTMENT advice. Any FINANCIAL OR INVESTMENT related questions should be promptly directed towards your FINANCIAL OR INVESTMENT ADVISER. You should consult with a FINANCIAL OR INVESTMENT ADVISER prior to your use of the Company and the Services. The Company Content, including but not limited to all information, services, tools, softwares, financial market analysis and predictions, text, photographs, images, graphics, software, audio, video, and other materials, along with any and all Customer Content and Third Party Content, is not intended to be, and should not be used in place of: The advice of a financial or investment adviser; or A consultation, call, or visit with a financial or investment adviser. The Company Content should not be used for long-term financial planning. You should not disregard, or delay in seeking, financial advice from a financial or investment adviser as a result of any of the Company’s Content. YOUR TRANSMISSION AND RECEIPT OF THE COMPANY CONTENT, IN WHOLE OR IN PART, OR YOUR COMMUNICATION WITH THE COMPANY AND THE SERVICES THROUGH THE INTERNET, EMAIL, PHONE OR ANY OTHER MEANS DOES NOT CONSTITUTE OR CREATE A FIDUCIARY RELATIONSHIP BETWEEN THE COMPANY AND YOU OR ANY OTHER CUSTOMER.

SECTION 16 – INDEMNITY

You agree to indemnify and hold the Company, along with its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers, harmless from any claim or demand, including those for attorneys’ fees, made by any third party as a result of: Any Customer Content submitted, posted, transmitted, or otherwise made available through the Services by you; Your use or access of the Services; Your connection to the Services; Your use of the Website; Any violation of the Terms which you commit; Your use or misuse of any other Customer’s personal or financial information; Your violation of the rights of any other individual or entity; or Your use of the Services to meet another Customer in-person or to otherwise locate and attend any offline place or event. The Company retains the right, at a specific Customer’s expense, to assume the exclusive defense and control of any matter for which that specific Customer is required to indemnify the Company, and the specific Customer agrees to cooperate with the Company’s defense of these claims.

SECTION 17 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove services for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Website are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall the Company, along with any and all of its subsidiaries, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, strict liability or otherwise, arising from your use of the Service or any products procured using the service, or for any other claim related in any way to your use of the Service or Website or any product, including, but not limited to: (a) any errors or omissions in any content; (b) Service interruptions, errors, delays or security; (c) accuracy or reliability issues; (d) quality issues of any products, services, information, or other material purchased, downloaded, or obtained by you through the Services. The Company, along with any and all of its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers do not warrant or make any representations regarding the use or the results of the use of any personal information or the Services in terms of security, correctness, accuracy, safety, reliability, or otherwise. You alone assume the entire cost of any necessary servicing, repair, or correction related to the Services.

Miscellaneous Disclaimers

In addition to and notwithstanding the above disclaimers, the Company further disclaims any and all liability or responsibility for the content, accuracy, completeness, legality, operability, reliability, or availability of any information or material provided by or in connection with the Services. The Company also disclaims any and all responsibility or liability for the content, accuracy, completeness, legality, operability, reliability, or availability of any search results or financial market analysis generated by or through the Services, or those displayed through the Services. Further, the Company disclaims any liability for the erasure, failure to store, failure to deliver, or untimely delivery of any information or material, including the Company and Customer Content, sent through the Services. By using the Services, you agree that you download or otherwise obtain material or data from the Company or the Services at your own discretion and at your own risk. The Company disclaims any and all responsibility and liability for any injury to you that results from downloading or accessing any information or material through the Company or the Services. Persons under the age of 18 (“Minors”) may NOT use the Services or affiliated network of the Company at any time of in any manner.

SECTION 18 - LIMITATIONS OF LIABILITY AND DAMAGES

By using the Services, you understand and agree that the Company, along with all of its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers, will under no circumstances, including without limitation, negligence, be liable to you for any special, indirect, incidental, punitive, reliance, consequential (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR TRADING LOSSES), or exemplary damages related to or arising from: The Company’s use, disclosure, maintenance, or display of a Customer’s personal information; Your ability or inability to use the Services; The Services, including the systems and servers that make the Services available; or Any other interaction between you and the Company or any other Customer of the Services. In such circumstances, the Company will not be liable even if the Company, or one of the Company’s authorized agents, has been advised of the possibility of such damages. Further, the above limitation shall apply to damages suffered as a result of third party services or goods received through or advertised on the Company or the Services; through the Services; received through any links provided by the Company; or by reason of any advice or information received through or advertised on the Company or the Services. Under no circumstances, including without limitation negligence, will the Company, or any of its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers, be liable for the costs of procurement of substitute goods or services, lost profits, or lost data. This limitation shall also apply to the performance or non-performance of the Company or the Services or any information or merchandise that appears on, is linked to, or is related in any way to the Company or the Services. Notwithstanding any failure of the essential purpose of any limited remedy, such limitation shall apply to the fullest extent permitted by law. Under no circumstances shall the total liability of the Company, or any of its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers, to you for any damages, injuries, losses, or causes of action arising out of or relating to the Terms or your use or access of the Services, whether arising in contract, tort, warranty, or other law exceed zero dollars ($0). The Company shall, under no circumstances, be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, of from forces or causes beyond its reasonable control, including, but not limited to: Internet failures, computer equipment failures, any other equipment failures, electrical power failures, loss of or fluctuations in heat, light, or air conditioning, strikes, labor disputes, riots, insurrections, civil disturbances, labor material shortages, fires, floods, storms, acts of God, war, acts of terror, governmental actions, orders of domestic or foreign courts or tribunals, or the non-performance of any third parties. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement on the Website, nor for any offensive, defamatory, or obscene posting made on the forums by anyone other than authorized the Company employee spokespersons while acting in their official capacities. Under no circumstances will the Company be liable for any loss or damage caused by a customer’s reliance on information obtained through the content on the Website. It is the responsibility of each customer to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Website. The Company does not endorse, warrant, or guarantee any product or service offered by a third party through the Website. Under no circumstances shall the Company, its officers, directors, shareholders agents or its third-party providers be liable for any direct, indirect, incidental, punitive, special or consequential damages (including without limitation, attorneys” fees), whether in an action of contract, negligence or other tortious action, that result from the use of, or the inability to use, any materials available on the Website, even if the Company has been advised of such damages. If you are dissatisfied with any of the Website’s Information or other materials, or with any of the terms and conditions contained in the Website, your sole and exclusive remedy is to discontinue using the Website. The limitations of liability set out hereinabove shall survive any termination or expiration of the Terms and will apply even if any limited remedy specified herein is found to have failed of its essential purpose. In the event that any provision of the above limitations of liability are held to be unenforceable for any reason by any law, court, or tribunal, that provision shall be severed from the remainder of the limitations of liability, which shall remain in full force and effect and be enforceable in accordance with their terms.

Accordingly, the Company shall not be liable for any loss or damage that anybody may suffer (whether directly or indirectly) as a result of relying on the information contained on the Website or on information contained on any Website accessible via the Website. Nor shall the Company be liable for any direct or indirect loss or damage resulting from any interruption in availability, viruses, contamination, lack of technical specifications necessary for downloading or any other liability howsoever caused. In using the Website, the user accepts all risks pertaining thereto.

SECTION 19 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services and when you cease using our Website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 20 - NOTICES

You hereby agree that The Company’s notice to you by email, regular mail, or notices or links displayed in connection with the Services shall constitute acceptable notice to you under the Terms. Notices will be deemed to be received forty-eight (24) hours after it is sent if it is transmitted by email. Notice will be deemed to be received by you twenty-four (24) hours after it is first displayed if it is provided via links displayed in connection with the Services.

SECTION 21 – GOVERNING LAW

These terms shall be governed by and construed in accordance with United States law and subject to the sole jurisdiction of the United States courts. Except to the extent prohibited by applicable law, the parties hereby agree that any claim or cause of action arising out of, or related to, the use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.

No representation or warranty is made by the Company that the information and materials on or accessed through this Website comply with legislative or regulatory requirements applicable to other areas in which this Website may be accessed. The Company makes no guarantees that Customer Content, Company Content, or the Services are appropriate or available for use in locations other than the United States. Access to the Services from territories where their content or use is illegal is prohibited. If you choose to access the Services from locations outside of the United States you do so on your own initiative and are responsible for compliance with any and all applicable local laws. The Company Content and Customer Content may not be exported or used in violation of the laws and regulations of the United States.

SECTION 22 – SEVERABILITY

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 in these Terms of Service.

SECTION 23 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 – DISCLAIMER OF SOLICITATION

Maxsi LLC, its affiliates, service providers, officers, directors, agents, members, shareholders and employees (collectively “Maxsi”) do not recommend nor directly solicit any investment on  www.maxsi.io (the “Website”). Users of the Website should not rely upon the data provided to make an investment decision and should note that past performance is not an indication of future performance. No material shall constitute or be considered an offer to buy or sell, a solicitation of an offer to buy or sell or a recommendation of any security.

By accepting the Terms of Service you confirm your intention to gain access to detailed fund and alternative investment information and that you were not, in any form, solicited with any fund or alternative investment information by Maxsi prior to your registration on the Websites. You confirm that you meet your respective local accreditation requirements and you are (i) in the case of a U.S. person, an “accredited investor” or a “qualified purchaser”, (ii) in the case of a person from the European Union, a “professional investor” or a “qualified investor”, (iii) in the case of Swiss persons, a “qualified investor” within the meaning of Article 10 CISA with domicile/registered seat in Switzerland; or (iv) in the case of persons not falling under (i), (ii) or (iii) above, a professional or other sophisticated investor or prospective investor to whom Maxsi may lawfully provide its services according to local regulations, and that you explicitly request access to information and alternative investments.

SECTION 25 – DISCLAIMER OF RISK

The purchase of cryptocurrencies (Bitcoin, “altcoins,” other present and future cryptocurrencies, tokens, stable coins, tethers, other present and future instruments related to cryptocurrencies and blockchain technology generally) and other investments in the cryptocurrency space (together “Digital Assets”) involves significant risks. Digital Asset risks include, but are not limited to, exchange risk, legal risk, hacking risk, market risk, liquidity risk, trading risk and default risk. Profits or losses could result from any of these risks.

Trading Risk

Maxsi may not be suitable for your investment needs. Maxsi trading information is provided  on a discretionary basis using fundamental and technical analysis, as well as automated algorithms and artificial intelligence systems and no assurance can be given that such trading strategies used by Maxsi will be successful, or that losses could not occur. Profits and losses could result from the trading strategies and tools employed by Maxsi which could result in the loss of some or all of your initial investment. Past performance is not indicative of future performance. There is no guarantee of future success and there is risk that trading strategies become unprofitable in the future.

SECTION 26 – NO INVESTMENT ADVICE PROVIDED

Nothing on this website, nor any other media shared by Maxsi, including on www.tradingview.com, www.discord.com, www.facebook.com, www.instagram.com, www.twitter.com and on Discord or any other public medium (collectively the “Public Channels”), should be considered investment or financial advice and should not to be used as a decision-making power. Any alerts, signals, prices, charts, text or other information conveyed by Maxsi, its affiliates, service providers, officers, directors, agents, members, shareholders and employees on the Public Channels are provided for entertainment and educational purposes only and do not constitute investment advice. You are solely responsible for all actions taken using Maxsi media on Public Channels and you are the sole bearer of profits or losses that occur in result. Opinions, market data, recommendations or any other content is subject to change at any time without notice. Maxsi will not accept liability for any loss or damage, including without limitation any loss of profit, which may arise directly or indirectly from use of or reliance on such information. Any downtime is not liable to the vendor and should not be pursued as such.

Disclaimer

Last updated: Jan  01, 2023

Interpretation and Definitions

 Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Disclaimer:

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Disclaimer) refers to Maxsi LLC with a registered agent having office at 2520 Venture Oaks Way Suite 120 Sacramento, CA 95833.

  • Service refers to the Website.

  • You means the individual accessing the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

  • Website refers to Maxsi, accessible from www.maxsi.io

Disclaimer

The information contained on the Service is for general information purposes only. All of the information contained on the Service is for entertainment and educational purposes only and is not to be construed as investment or trading advice. 

The Company assumes no responsibility for errors or omissions in the contents of the Service. 

In no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

The Company does not warrant that the Service is free of viruses or other harmful components.

External Links Disclaimer

The Service may contain links to external websites that are not provided or maintained by or in any way affiliated with the Company.

Please note that the Company does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.

Errors and Omissions Disclaimer

The information given by the Service is for general guidance on matters of interest only. Even if the Company takes every precaution to insure that the content of the Service is both current and accurate, errors can occur. Plus, given the changing nature of laws, rules and regulations, there may be delays, omissions or inaccuracies in the information contained on the Service.

The Company is not responsible for any errors or omissions, or for the results obtained from the use of this information.

Fair Use Disclaimer

The Company may use copyrighted material which has not always been specifically authorized by the copyright owner. The Company is making such material available for criticism, comment, news reporting, teaching, scholarship, or research.

The Company believes this constitutes a "fair use" of any such copyrighted material as provided for in section 107 of the United States Copyright law.

If You wish to use copyrighted material from the Service for your own purposes that go beyond fair use, You must obtain permission from the copyright owner.

Views Expressed Disclaimer

The Service may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer or company, including the Company.

Comments published by users are their sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. The Company is not liable for any comment published by users and reserves the right to delete any comment for any reason whatsoever.

No Responsibility Disclaimer

The information on the Service is provided with the understanding that the Company is not herein engaged in rendering legal, accounting, tax, financial or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, financial, legal or other competent advisers.

In no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in connection with your access or use or inability to access or use the Service.

Backtest Disclaimer

Past performance is not necessarily indicative of future performance. Any Backtest performance returns presented represent hypothetical returns and are meant to simulate how a strategy, script or indicator would have performed during the period shown had the strategy, script or indicator been implemented during that time. Backtested/simulated performance returns are hypothetical and do not reflect trading in actual accounts. Backtest returns are provided for informational purposes only to indicate historical performance had the strategy, script or indicator been implemented over the relevant time period. Backtested performance results have inherent limitations as to their relevance and use. 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, such as the ability to withstand losses or to adhere to a particular trading program in spite of trading losses, all of which can also adversely affect actual trading results. There are numerous other factors related to the markets in general and to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results, all of which can adversely affect actual trading results. Any and all of these factors mean that no representation is being made that strategies, scripts or indicators presented here will achieve performance similar to that shown, and in any case, past performance is no guarantee of future performance.

"Use at Your Own Risk" Disclaimer

All information in the Service is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.

The Company will not be liable to You or anyone else for any decision made or action taken in reliance on the information given by the Service or for any consequential, special or similar damages, even if advised of the possibility of such damages.

Contact Us

If you have any questions, please contact us:

  • By email: contact@maxsi.io