Agreement

Noonum is providing you access to the Website, subject to these Terms of Use and Privacy Policy and these represent the entire understanding between you and Noonum. All data, information, software provided or accessible through the Website (collectively, “Content”), is conditioned on Customer’s adherence to these Terms of Use. These Terms of Use are in addition to any other agreement Customer may have with Noonum and are not intended to modify or supersede the terms of such agreement(s). By using the Website and the Content, Customer further agrees: (a) to comply with U.S. law regarding the transmission of any information through the Website; (b) not to use the Website for illegal purposes; and (c) not to interfere with, trespass on or disrupt the networks or computers and equipment connected to the Website. If, at any time, Customer does not wish to accept these Terms of Use, Customer must discontinue use of the Website and any Content obtained from the Website.

No representation, solicitation, recommendation or offer

The Website Content is not to be construed as a recommendation or an offer to buy or sell, or the solicitation of an offer to buy or sell, or to enter into any transaction in respect of any security, financial product or other instrument. Securities or financial instruments mentioned on the Website may not be suitable for all investors. Customer’s particular needs, investment objectives and financial situation were not taken into account in preparation of the Website. The fact that Noonum has made or may make Content available or accessible through the Website does not constitute a representation by Noonum that any such Content is suitable or appropriate for the Customer. Website Content is based upon information Noonum considers reliable, however Noonum does not represent that such information is accurate, current or complete. Customer acknowledges that: (i) the Website is provided for informational purposes only; (ii) the Website includes information taken from third-party sources; and (iii) any reliance on any portion of the Content shall be at the Customer’s sole risk.

Intellectual property

Using the Website does not give you ownership or license of any intellectual property rights in the Website or in any Content, information or data accessed on or through the Website, including content, information and data obtained from a third-party website. Content is protected by applicable copyrights, trademarks, service mark and/or other intellectual property rights. Accordingly, you may not copy, distribute, modify, post, frame or deep link the Website, including any text, graphics, video, audio, software code, user interface design or logos. Modification or use of the Website Content for any other purpose violates Noonum’s intellectual property rights.

Disclaimer of warranties

THE WEBSITE, INCLUDING THE CONTENT, IS PROVIDED “AS IS.” NOONUM, ITS RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES (COLLECTIVELY, THE “NOONUM PARTIES”), MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AS TO THE WEBSITE OR ANY PORTION THEREOF OR RELATING TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED WEBSITE, UNLESS SUCH REPRESENTATIONS, WARRANTIES AND GUARANTEES ARE NOT LEGALLY EXCLUDABLE. THE NOONUM PARTIES HAVE NO RESPONSIBILITY TO MAINTAIN THE WEBSITE OR ANY PORTION THEREOF OR TO SUPPLY ANY CORRECTIONS, UPDATES, OR RELEASES THERETO. THE NOONUM PARTIES DO NOT WARRANT THAT THE WEBSITE OR ANY PORTION THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT THE WEBSITE OR THE SERVER ON WHICH IT IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SOFTWARE THEREIN IS COMPATIBLE WITH CUSTOMER’S EQUIPMENT. AVAILABILITY OF THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY NOONUM, ITS EMPLOYEES OR LICENSEES WILL CREATE A WARRANTY OR GUARANTY, NOR MAY CUSTOMER RELY ON ANY SUCH INFORMATION OR ADVICE.

Limitation of liability

UNDER NO CIRCUMSTANCES SHALL THE NOONUM PARTIES HAVE ANY LIABILITY TO CUSTOMER OR TO ANY OTHER PERSON FOR THE QUALITY, ACCURACY, TIMELINESS, CONTINUED AVAILABILITY OR COMPLETENESS OF THE WEBSITE OR ANY PORTION THEREOF. IN NO EVENT WILL THE NOOONUM PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES THAT CUSTOMER OR ANY OTHER PERSON MAY INCUR IN CONNECTION WITH CUSTOMER’S ABILITY OR INABILITY TO USE THE WEBSITE, OR ANY PORTION THEREOF, OR INTERRUPTION OF SERVICE, INCLUDING BUT NOT LIMITED TO, DELAYS OR INTERRUPTION OF INTERNET OR NETWORK SERVICES NOT OPERATED OR CONTROLLED BY THE NOONUM PARTIES, OR OMISSIONS OR INACCURACIES IN SUCH INFORMATION OR MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND LOSS OF REVENUE, EVEN IF ANY OF THE NOONUM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend, and hold harmless Noonum from and against any and all losses, liabilities, judgements, fines, settlements, damages, costs and expenses (including attorneys’ fees) resulting from or arising out of any suits, actions, claims, demands, investigations, hearings or similar proceedings (collectively, “Proceedings”) to the extent such Proceedings are based on or result from (i) Customer’s inability to us the Website or any portion thereof, or any data, information, service, report, analysis or publication Customer derives therefrom; (ii) Customer’s breach or violation of any term or condition contained herein; or (iii) Customer’s violation of state or federal laws or regulations or any other person’s rights, including but not limited to, infringement of any intellectual property, proprietary or privacy right of any third-party.

Links

The Website contains links to Internet websites that are sponsored and maintained by third-parties. These Internet websites are not under the control of Noonum. Noonum does not review such third-party websites for accuracy, completeness or conformity with applicable regulations or laws. The same rules apply to third-party Internet websites that provide links to Noonum. Noonum does not necessarily have any affiliation nor endorse any third-party website, its owners, or its providers. Customer accesses that website and any services or information provided therein at Customer’s own risk.

Modifications to terms of use

Noonum may change these Terms of Use without notice, so be sure to check this page regularly. Customer’s use of the Website after the posting of changes to these Terms of Use will constitute Customer’s acceptance of these Terms of Use, as modified, effective from the date they are first posted to the Website.

Enforceability

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Testimonials

Testimonials may be provided as additional information for Customer’s decision-making process and do not guarantee certain Noonum performance results or outcomes.

Feedback

You acknowledge and agree that any questions, comments, suggestions, feedback, ideas, plans, notes, drawings, original or creative materials or other information or materials regarding the Website, Noonum or Noonum’s services (but excluding any client information) (the “Feedback”) that are provided by you in the form of email or other submissions to Noonum, or any posting on the Website, are non-confidential and shall become the sole property of Noonum. Noonum shall own, and you hereby assign to Noonum, all exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contact

If you have questions about these Terms of Use or about Noonum, please contact us at hello@noonum.com.