Use of www.consciouscapital.ch and www.consciouscapital.us (collectively referred to hereinafter as the “Websites”) is subject to the following Terms of Use (this “Agreement”).
For purposes of this Agreement, “Conscious Capital,” “us,” or “we” shall mean Conscious Capital, Inc., Conscious Giving, Inc., and Conscious Capital AG and their affiliates, officers, directors, managing directors, partners, and employees (collectively referred to hereinafter as “Conscious Capital”).
By browsing the Websites, you signify your agreement to the terms of this Agreement. If you do not agree to the terms of this Agreement you must not use the Websites. We reserve the right to change the terms of this Agreement, in which event we will post the changes on this page and/or otherwise provide you with notice. Your use of the Websites after such changes are posted will mean that you accept such changes.
- Ownership; Use.
All text, graphics, images and other materials appearing on the Websites (“Content”) are either owned by us, or provided through an arrangement with third parties. Conscious Capital and any such third parties retain all proprietary rights in the Content, and the Content is protected by international copyright laws. You may view, download and print the Content for your personal, non-commercial use, provided you retain all copyright and other proprietary notices contained in the original Content on any copy. The Content may not be used in any manner not expressly authorized by Conscious Capital under this Agreement.
In no event may you sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. Deep linking, framing, and the use or posting of the Content on any other Websites or in a network computer environment for any purpose are expressly prohibited.
Trademarks, service marks, and logos, including but not limited to Conscious Capital® (the “Marks”) used and displayed on the Websites are registered and/or unregistered marks belonging to Conscious Capital AG, and nothing on the Websites should be construed as granting any license or right to use any Marks without our prior express written permission specifically for each use. Other product and company names mentioned herein may be trademarks of their respective owners.
Links.
The Websites may contain links to external websites. These links are provided solely for your convenience and do not constitute any endorsement of the external sites. We are not responsible for the availability or content of any external sites. If you decide to access linked external sites, you do so at your own risk. You should direct any concerns regarding any external link to its Websites administrator or web-master. We reserve the right to approve or reject any links to the Websites.
Registration.
In consideration of your use of the Websites and the Content, to the extent you provide such information, you agree to provide us with true, accurate, current and complete information about yourself , and to maintain and promptly update this information to keep it true, accurate, current and complete. If you fail to provide or update information so that it is true, accurate, current and complete, or if we have reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, we shall have the right to suspend or terminate your current or future access and/or use of the Websites.
User name and Password. As part of the registration process, you must select a user name and password. You may not (a) select or use a user name or email address of another person with the intention of impersonating such person or (b) use a member name or email address of anyone else. You may not select a user name that violates anyone’s rights or one that, in our sole discretion, is offensive, improper or inappropriate. If you do, we can modify or delete it.
You are responsible for the confidentiality and use of your user name and password. You are fully and completely responsible for any and all activities that occur under your user name or password. You agree to immediately notify us of any loss, theft, or unauthorized use of your user name and/or password. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You may not use or allow others to use, your registration, user name, or password for the Websites, directly or indirectly.
Research.
Research and/or commentary provided by our non-affiliated research partners (collectively referred to hereinafter “report” or “reports”) neither belongs to Conscious Capital AG nor expresses the viewpoints of Conscious Capital AG; and therefore, Conscious Capital AG considers the reports to be independent third party research created the above referenced entities, and NOT proprietary research created by Conscious Capital AG. Any information contained therein has not been independently verified; Conscious Capital AG does not make any representation as to the accuracy and/or completeness of such information contained in a report and is not responsible for any error of any form. Opinions, estimates and projections provided in a report, as of the date of the report, which may be subject to change without notice, constitute the present judgment of the author(s) and does not necessarily reflect the opinions of Conscious Capital AG. Conscious Capital AG has no obligation to update, modify or amend a report or to otherwise notify a recipient thereof in the event that any opinion, forecast or estimate set forth herein, changes or subsequently becomes inaccurate. Derivative transactions, should they be mentioned, carry risk and may not be appropriate for all users of a report. Users of a report are encouraged to make their own informed investment and/or trading decisions. Past performance is not indicative of future results. Users of a report are recommended to seek appropriate professional advice before making financial or investment decisions with legal, commercial and financial implications. Reports are made available for information purposes only, and do not constitute an offer or a solicitation of an offer to buy or sell any financial instruments or to participate in any particular trading strategy whether referred to herein or otherwise. Target prices, should they exist, are inherently imprecise and a product of the independent third party’s judgment. The information contained a report does not constitute the provision of investment advice. No consideration has been given to the specific investment objectives, financial situation and/or particular needs of any person. Subscribers / users acknowledge and agree that, by its very nature, any investment is characterized by a certain degree of uncertainty and that, consequently, any investment of this nature involves risks. Advice should be sought from your financial adviser regarding the suitability of any investment product before investing or adopting any investment strategies. Conscious Capital AG specifically prohibits the copying, reproduction, redistribution and/publishing of a report for any purpose in whole or in part without the prior written consent of Conscious Capital AG, and does not accept liability whatsoever for the actions of third parties in this respect. Reports are confidential and intended solely for your reference.
Disclaimer of Warranties and Limitations on Liability.
Use of the Websites is at your sole risk. Except for any warranties that may be expressly provided by any third party vendor, the Websites, its content, and all items offered for sale are provided on an “as is” and “as available” basis without warranties of any kind. Conscious Capital AG does not make, and hereby disclaims, any representation, agreement or warranty whatsoever, express or implied, including but limited to any warranties of merchantability, fitness for a particular purpose, title, non-infringement of third parties’ rights or any warranty that the Websites or content will (i) meet your requirements; (ii) be uninterrupted, timely, secure, or error-free; (iii) provide results that will be effective, accurate, or reliable; (iv) be free from any errors or any defects, or that such errors or defects will be corrected.
You understand and acknowledge that (i) Conscious Capital does not control, endorse, or accept responsibility for any content, products, or services offered by third parties through the Websites, including, without limitation, third party vendors and third parties accessible through links on the site; (ii) Conscious Capital makes no representation or warranties whatsoever about any such third parties, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) Conscious Capital shall not be liable or responsible for any content, products, or services offered by third parties.
Liability under this agreement from any and all causes, including, but not limited to, program malfunction or operational negligence, shall be limited to general money damages in an amount not to exceed the total program fees paid by you. Such limitation shall be the full extent of our liability in the aggregate regardless of the form in which any legal or equitable action may be brought against a company party (including negligence), and the foregoing shall constitute the sole remedy for any and all claims. In no event shall we be responsible for lost profits or special, indirect, incidental, punitive or consequential damages to any person, even if we know or have been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of incidental or consequential damages, so not all of this section 6 may apply to you. Conscious Capital’s liability in such jurisdictions shall be limited to the maximum extent permitted by law.
Indemnification.
You agree to defend, indemnify, and hold us harmless, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, your access to, use or misuse of the Content or Websites, or access to, use or misuse of the Content or Websites by any other person using your username and/or password. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section 7. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
The information contained on this is for information purposes only and is subject to change without notice. The names / titles / symbols contained in this document have been obtained from sources deemed to be reliable, however, we do not guarantee their completeness or accuracy. The viewer agrees to indemnify and hold harmless Conscious Capital and their advisors, affiliates, and agents in the delivery of events, services or information, and their respective officers, employees and directors, and owners and affiliates from and against any and all liabilities, expenses, damages, and costs.
Termination of this Agreement.
By Us. Conscious Capital reserves the right, in our sole discretion, to modify the terms and conditions contained herein and to change, restrict, suspend, or terminate this Agreement and your access to all or any part of the Websites or the Content, at any time and for any reason without prior notice or liability. In addition, we reserve the right to change, suspend, or discontinue all or any part of the Websites or the Content at any time without prior notice or liability.
By You. You may terminate this Agreement at any time by notifying us at [email protected]
Survival. If this Agreement is terminated, Sections 1, 4, 5 and 6 shall survive the termination of this Agreement.
Miscellaneous.
If any provision of this Agreement is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement. No waiver shall be effective against us unless we make it in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Headings are for convenience only and have no legal import. This Agreement will be governed by the laws of the State of New York applicable to contracts entered into and performed exclusively in New York. Any court of competent jurisdiction sitting within New York, New York will have exclusive jurisdiction and venue for any dispute arising out of or relating to the Websites or this Agreement, and you hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue is not appropriate or convenient.
The content of this Websites should not be construed as providing investment advice or a solicitation or offer to buy or sell any securities or related financial instruments.
Conscious Giving, Inc. has been granted public charity status by the IRS, exempt from federal income tax under IRC Section 501(c)(3).
Conscious Capital does not represent or imply that it is registered, sponsored, recommended or approved, or that its abilities or qualifications have been passed upon, by the United States or any federal agency.
Conscious Capital is not a registered broker-dealer and does not offer investment advice or advise on the raising of capital through securities offerings. Conscious Capital does not recommend or otherwise suggest that any investor make an investment in a particular company, or that any company offer securities to a particular investor. Conscious Capital takes no part in the negotiation or execution of transactions for the purchase or sale of securities, and at no time has possession of funds or securities. No securities transactions are executed or negotiated on or through Conscious Capital. Conscious Capital receives no compensation in connection with the purchase or sale of securities.