TERMS & CONDITIONS
1. General
These Terms of Use apply to WWW.CLUSCAP.COM and apply to all visitors. By accessing the CLUSCAP Website, you agree to be legally bound by the Terms of Use then in effect. Please also refer to the relevant additional legal information applicable to your country. These Terms of Use as well as the information and materials contained in the CLUSCAP Website are subject to change at any time and from time to time, without notice. If you do not agree to be bound by these Terms of Use, do not use the CLUSCAP Website.
2. Access Subject to Local Restrictions
The CLUSCAP Website and all information and functionalities contained within them are not directed at or intended for use by any person resident or located in any jurisdiction where (1) the distribution of such information or functionality is contrary to the laws of such jurisdiction; or (2) such distribution is prohibited without obtaining the necessary licenses or authorizations by CLUSCAP and such licenses or authorizations have not been obtained.
3. Services and Products
Products and services displayed on the CLUSCAP Website may not be eligible for sale or available to residents of certain countries or certain categories of investors. Please consult the applicable terms and conditions such as sales restrictions or key specific notes for further information. Any information published, distributed or otherwise made available on the CLUSCAP Website is published for information purposes and is subject to change at any time without notice. It has no regard to the specific investment objectives, financial situation or particular needs of any specific recipient and should not be construed as a solicitation, offer or recommendation, to buy or sell any asset, security, investment or other financial instrument, to effect any transactions or to conclude any legal act of any kind whatsoever. No representation or warranty, either express or implied, is provided in relation to the accuracy, completeness or reliability of the information. The materials should not be regarded by recipients as a substitute for the exercise of their own judgment. Any opinions are subject to change without notice. CLUSCAP is not under any obligation to update or keep current the information contained herein nor to remove any outdated information from the CLUSCAP Website.
4. No Offer
All information published, distributed or otherwise made available on the CLUSCAP Website is provided for informational purposes, for your non-commercial, personal use only. No information published on the CLUSCAP Website constitutes a solicitation, an offer, or a recommendation to buy or sell any asset or investment instruments, to effect any transactions, or to conclude any legal act of any kind whatsoever. CLUSCAP does not provide investment, legal or tax advice through the CLUSCAP Website and nothing herein should be construed as being financial, legal, tax or other advice. CLUSCAP does not represent that any asset, product or service discussed are suitable for any investor. No investment or other decisions should be made solely based on the contents or information found on the CLUSCAP Website. When making a decision about your investments, you should seek the advice of a professional financial advisor or qualified expert.
5. No Warranty
Your use of the CLUSCAP Website is at your own risk. The CLUSCAP Website, together with all information contained therein, is provided "as is" and "as available", without any representations or warranties of any kind. Any information or content accessed, downloaded or otherwise obtained through the use of the CLUSCAP Website is done at your own risk and CLUSCAP is not responsible for any damage to your computer systems or loss of data that results from the download of such material. CLUSCAP expressly disclaimer all representations or warranties of any kind, whether express or implied, with respect to the CLUSCAP Website, and all materials, information, content and functionalities contained herein, including but not limited non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, CLUSCAP does not warrant the accuracy, timeliness, completeness, security, reliability or availability of the CLUSCAP Website or the information or results obtained from use of the CLUSCAP Website, or that the CLUSCAP Website will be available at all times, or is virus-free or error-free.
6. No Liability
To the fullest extent permitted by law, in no event shall CLUSCAP, or any of our directors, employees, contractors, service providers or agents have any liability whatsoever to any person for any direct or indirect loss, liability, cost, claim, expense or damage of any kind, whether in contract or in tort, including negligence, or otherwise, arising out of or related to the use of all or part of the CLUSCAP Website, or any links to third party websites.
7. Links
The CLUSCAP Website may contain third party content or links to third party websites. These content and links are provided solely for your convenience and information. CLUSCAP has no control over, does not assume any responsibility for and does not make any warranties or representations as to, any third party content or websites, including but not limited to, the accuracy, subject matter, quality or timeliness. CLUSCAP shall have no liability for third party content or websites or websites linking to or framing the CLUSCAP Website.
8. Social Bookmarks
The CLUSCAP Website may contain social bookmarks which are identifiable by means of their respective buttons. Social bookmarks allow users of certain social media platforms to post links to selected CLUSCAP web pages on their social media accounts in order to bookmark them or share them with their social media contacts. If you use social bookmarks, you will be sending personal identifying data to the respective social media platform. Any comments or activity made by or carried out by persons using social bookmarks is not controlled, endorsed or monitored by CLUSCAP and CLUSCAP shall not be responsible or liable for such. Persons who share CLUSCAP communications via social bookmarks are not authorized to speak for or represent CLUSCAP and their views and opinions must be regarded as strictly their own and not CLUSCAP's. In addition, the provisions in these Terms of Use relating to Links also apply to social bookmarks.
9. Intellectual Property Rights
CLUSCAP, or the applicable third party owner, retains all right, title and interest (including copyrights, trademarks, patents, as well as any other intellectual property or other right) in all information and content (including all text, data, graphics and logos) on the CLUSCAP Website. Individual pages and/or sections of the CLUSCAP Website may be printed for personal or internal use only, and provided that such print outs retain all applicable copyright or other proprietary notices. All users must not, without limitation, modify, copy, transmit, distribute, display, perform, reproduce, publish, license, frame, create derivative works from, transfer or otherwise use in any other way, whether in whole or in part, any information, text, graphics, images, video clips, directories, databases, listings or software obtained from the CLUSCAP Website for commercial or public purposes, without the prior written permission of CLUSCAP. Systematic retrieval of content from the CLUSCAP Website to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) or creating links to the CLUSCAP Website without the prior written permission from CLUSCAP is strictly prohibited. The CLUSCAP logos are among the registered and unregistered trademarks of CLUSCAP. Other marks may be trademarks of their respective owners. Except as noted above, you may not use any trademarks of CLUSCAP for any purpose without the prior written permission of CLUSCAP.
10. Severability Clause
To the extent that any provision of these Terms of Use is found by any competent court or authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed to be severed from these Terms of Use but such finding shall not affect the validity, lawfulness or enforceability of the remainder of these Terms of Use in that jurisdiction, nor shall it affect the validity, lawfulness or enforceability of these Terms of Use in any other jurisdiction.
11. Conflict with Additional Terms
Certain web pages or areas on the CLUSCAP Website may contain additional terms, conditions, disclosures and disclaimers (collectively, the “Additional Terms”). In the event of a conflict between these Terms of Use and the Additional Terms, the Additional Terms will govern for those web pages or areas.
12. Privacy Policy
CLUSCAP has established a Privacy Policy which explains how personal data is treated. The Privacy Notice is part of these Terms of Use and is incorporated herein by reference.