ACCEPTANCE OF TERMS
BY ACCESSING THE ANZALI SERVICE, YOU AGREE TO BOTH THE ANZALI, LLC. (“ANZALI”) TERMS OF USE AND THE ANZALI PRIVACY POLICY.
The services that ANZALI provides to you through its website, https://www.ANZALI.io, mobile application(s), and related services (collectively, the “ANZALI Service”) are subject to the following Terms of Use (“TOU”). ANZALI reserves the right to update these TOU at any time without notice to you. The most current version of these Terms of Use can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our web pages located at https://www.ANZALI.io/terms.
ANZALI shall have the right at any time to change or discontinue any aspect or feature of the ANZALI Service, including, but not limited to, content, access, or use.
SCOPE OF USE
These Terms of Use cover all use of the ANZALI Service while on ANZALI’s website, mobile application, or other form of access to the ANZALI Service, regardless of how the ANZALI Service is accessed, and regardless of which device is used for access.
CONSENT TO ELECTRONIC SIGNATURE
ANZALI may, from time to time, ask you to accept this agreement, along with other online agreements and disclosures. By accessing and using the ANZALI Service, you will be providing your electronic signature that will affirm:
• You understand and intend that these Terms of Use comprise a legally binding agreement and are equivalent to a signed, written contract; and
• You will use the ANZALI Service in a manner consistent with applicable laws and regulations, and in accordance with the terms and conditions of these Terms of Use and any other applicable rules, guidelines or other conditions that govern the use of a particular service or site.
NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES
Because we will need to contact you from time to time to provide documents, notifications, and the like, you agree to keep your contact information up to date, and you consent to receive all communications from us using such contact information. Your contact information can be updated by logging into your account. You agree to waive all claims resulting from failure to receive communications because of changes in your contact information.
You hereby consent to receive communication from ANZALI by email. You can opt out of such communications by sending us an email at support@anzali.io, or by following the instructions in any email we send you.
LICENSE GRANT FROM ANZALI
ANZALI hereby grants you a single, revocable, non-exclusive, non-transferable, and limited license, personal to you, to access and use the ANZALI Service. This license grant is conditioned on your acceptance and adherence to these Terms of Use.
LICENSE GRANT TO ANZALI
Unless otherwise agreed upon by you and ANZALI, any communications or material of any kind that you e-mail, post, or otherwise transmit through the ANZALI Service, including data, questions, comments, or suggestions (your “Communications”) will be treated as non-confidential and non-proprietary. You hereby grant to ANZALI a license to reproduce, disclose, transmit, publish, broadcast, or post your Communications either on the ANZALI website or elsewhere with no liability or obligation to you. ANZALI is free to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information.
USE OF THE ANZALI SERVICE
You agree to use the ANZALI Service for lawful purposes only, and solely in a manner consistent with the intent of ANZALI as described in these Terms of Use.
You agree that you will not: (i) use any electronic communication feature of the ANZALI Service for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful; (ii) upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (iii) use the ANZALI Service for any commercial purpose not expressly approved by ANZALI in writing; (iv) use the ANZALI Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise), defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, publish, post, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
You agree you will not upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same, use any material or information, including images or photographs, which are made available through the ANZALI Service in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party, upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or damage the property of another, advertise or offer to sell or buy any goods or services for any business purpose, falsify or delete any copyright management information such as author attributions, watermarks, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, violate any code of conduct or other guidelines that may be applicable, harvest or otherwise collect information about others, including email addresses, violate any applicable laws or regulations, or create a false identity for the purpose of misleading others. You understand that any violation of these Terms of Use, including providing false or misleading information, can lead to your removal from the ANZALI Service, and ANZALI maintains sole discretion over whether to remove you for such violation.
You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. The foregoing provisions of this section are for the benefit of ANZALI, its subsidiaries, affiliates, licensors, and agents (which term includes but is not limited to ANZALI's third-party service and content providers), and each shall have the right to assert and enforce such provisions directly or on its own behalf.
ANZALI reserves the right to terminate your access to the ANZALI Service at any time, without notice, for any reason whatsoever, and you agree that ANZALI will not be liable to you or to any third party for any termination, suspension, or modification to your account.
ANZALI reserves the right at all times to disclose any information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, and to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to the ANZALI Service may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials. Always use caution when giving out any personally identifiable information in any service. ANZALI does not control or endorse the third-party content, messages, or information found in the ANZALI Service. ANZALI disclaims any liability with regard to the ANZALI Service, and any actions resulting from your participation in the ANZALI Service. Managers and hosts are not authorized ANZALI spokespersons, and their views do not necessarily reflect those of ANZALI.
USER ACCOUNT, PASSWORD, AND SECURITY
You understand and acknowledge the risk that data, including e-mail, and other communications, along with personal data, may be accessed by unauthorized third parties when communicated in this way.
If you choose to create a user account with ANZALI, you agree to complete the registration process by providing ANZALI with current, complete, and accurate information as prompted by the applicable registration form. You will also choose a password and a username and/or provide your email address. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify ANZALI immediately of any unauthorized use of your account or any other breach of security. YOU WILL NOT HOLD ANZALI LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF ANY MISUSE OF YOUR LOGIN INFORMATION, WHETHER WITH OR WITHOUT YOUR KNOWLEDGE. You acknowledge that you may be held liable for losses incurred by ANZALI and/or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
YOUR PORTFOLIO(S)
We recommend that you take steps to secure the confidentiality of your portfolio(s) on ANZALI and restrict access to your mobile device and computer. ANZALI and its affiliates reserve the right to suspend or terminate your portfolio(s) or remove content on the ANZALI Properties at its sole discretion.
NO INVESTMENT ADVICE OR RECOMMENDATIONS; MARKET INFORMATION
We may make available to you certain financial information, including information that we obtain from our agents (“Market Information”). ANZALI makes this information available to you as a service for your convenience; ANZALI neither endorses nor approves such Market Information. ANZALI neither (1) guarantees the accuracy, timeliness, or completeness of Market Information, nor (2) warrants any results from your use or reliance on the Market Information. You agree that you use Market Information at your own risk.
The Market Information and any related content are for information, education, and entertainment purposes only. Although ANZALI may provide information relating to investment approaches and opportunities to buy or sell securities, you should not construe any Market Information, features, tools, or other content available through the ANZALI Service as legal, tax, investment, financial or other advice. Nothing contained in the ANZALI Service or any other content on the ANZALI website constitutes a solicitation, recommendation, endorsement, or offer by ANZALI to buy or sell any securities or other financial instruments. You understand that ANZALI is not the source of the Market Information and does not warrant its accuracy.
You alone assume the sole responsibility of evaluating the merits and risks associated with the use of the ANZALI Service, the ANZALI website, and any related service before making any decisions based on Market Information or content. In exchange for using the ANZALI Service, you agree not to hold ANZALI or its agents or affiliates liable for any possible claim for damages arising from any decision you make based on information made available to you through the ANZALI Service, the ANZALI website, or any affiliate, including without limitation ANZALI, LLC. services.
You agree that neither ANZALI nor its agents will be liable to you in any way for the termination, interruption, delay, or inaccuracy of any Market Information. You agree that you will neither redistribute nor facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized by ANZALI to receive Market Information.
DISCLAIMER
YOU EXPRESSLY AGREE THAT USE OF THE ANZALI SERVICE IS AT YOUR SOLE RISK. NEITHER ANZALI, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, OR LICENSORS, WILL BE LIABLE FOR ANY USE OR MISUSE OF THE ANZALI SERVICE, WHETHER THAT USE IS BY ANZALI, YOU, OR A THIRD PARTY. NEITHER ANZALI NOR ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OR LICENSORS, WARRANT THAT THE ANZALI SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE ANZALI SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, MATERIALS, OR MERCHANDISE PROVIDED THROUGH THE ANZALI SERVICE. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE BOTH (I) IMPLIED BY LAW AND (II) INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, UNDER ANY LAWS APPLICABLE TO THESE TERMS OF USE.
WITHOUT LIMITING THE FOREGOING, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF, THE ANZALI SERVICE AND ANY MATERIALS OR CONTENT FOUND THEREIN, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU ACKNOWLEDGE THAT ANZALI IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS, AND THAT YOU ALONE ARE ASSUMING THE RISK OF INJURY FROM THE FOREGOING, TO THE FULLEST EXTENT OF THE LAW. IN NO EVENT WILL ANZALI, ITS AFFILIATES, ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, LICENSORS OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR PROVIDING THE ANZALI SERVICE OR THE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE ANZALI SERVICE. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER ANZALI NOR ITS AFFILIATES, AGENTS, INFORMATION PROVIDERS, OR CONTENT PARTNERS, SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE ANZALI SERVICE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. ANZALI SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
ANZALI RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS TO THE ANZALI SERVICE AND THESE TERMS OF USE AT ANY TIME, WITHOUT NOTICE. THE INFORMATION PROVIDED THROUGH THE ANZALI SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” ANZALI DOES NOT WARRANT, AND AFFIRMATIVELY DISCLAIMS, ANY AND ALL WARRANTIES REGARDING, THE ACCURACY, COMPLETENESS OR TIMELINESS OF INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE ANZALI SERVICE OR ON THE ANZALI WEBSITE. ANZALI PROVIDES NO GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. ANZALI EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION CONTAINED IN THE ANZALI SERVICE. ANZALI MAY CHANGE INFORMATION CONTAINED IN THE ANZALI SERVICE AT ANY TIME AND MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED THEREIN. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE ANZALI SERVICE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ANZALI SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE ANZALI SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ANZALI BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF YOU OR THE RELEVANT PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM LOSS FROM YOUR: (I) INABILITY TO USE, (II) USE, AND/OR (III) MISUSE, DATA; NOR SHALL ANZALI BE LIABLE FOR ANY LOSS OF PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE ANZALI SERVICE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE RELATED TO THE ANZALI SERVICE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL ANZALI OR ITS AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY ARISING IN CONNECTION WITH THE USE OF THE ANZALI SERVICE, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED BY ANZALI. ANZALI AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU AND/OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF ANZALI AND/OR ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE ANZALI SERVICE; (II) THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS; (III) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE ANZALI SERVICE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANYONE ON THE ANZALI SERVICE; (VI) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY, EVEN IF THE THIRD PARTY HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (VII) ANY OTHER MATTER RELATING TO THE ANZALI SERVICE. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD ANZALI RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE ANZALI SERVICE.
Because some states prohibit the limitation of liability for consequential or incidental damages, in such states the limitation of liability only with respect to consequential or incidental damages may not apply to you, and the respective liability of ANZALI and its agents, employees, distributors and agents is limited to the greatest extent allowable under applicable law in those states.
In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liabilities or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of your remedies under these Terms of use fail, then you expressly agree that under no circumstances will the total, aggregate liability of ANZALI and its agents, employees, distributors, agents or affiliates, to you or any party claiming by or through you for any cause whatsoever, exceed $100 (U.S.), regardless of the form of action and whether in contract, statute, tort or otherwise.
LINKS AND ACCESS TO THIRD-PARTY AND AFFILIATED SITES
LINKS FOUND IN THE ANZALI SERVICE MAY LET YOU LEAVE THE ANZALI SERVICE TO ENTER OTHER SITES. YOU ACKNOWLEDGE THAT SUCH LINKED SITES ARE NOT UNDER THE CONTROL OF ANZALI, AND ANZALI IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. ANZALI IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ANZALI IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT OF THE SITE BY ANZALI.
You agree that once you leave the ANZALI Service and enter Other Sites, you are bound by the terms of use or terms of service as well as the privacy policy of the Other Sites. In no way is ANZALI responsible for the terms of use or privacy policy of other linked sites nor does ANZALI have any control or influence over the terms of Other Sites. It is your sole responsibility to read and understand the terms of use and privacy policy of Other Sites before accessing or continuing to use the services of Other Sites.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless ANZALI, its affiliates and their respective owners, directors, officers, employees, and agents from and against all Federal, State, and International, claims, demands, losses, costs, and/or expenses, including attorneys’ fees, arising out of the use of the ANZALI Service by you or by your account on the ANZALI Service.
TERMINATION
ANZALI shall have the right to immediately terminate your account in the event of any conduct by you that ANZALI, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Use.
TRADEMARK NOTICE
The term ANZALI, along with any associated logos, are trademarks of ANZALI, LLC, all rights reserved. All other trademarks appearing on the ANZALI website or within the ANZALI Service are the property of their respective owners.
CONTACT US
If you have any questions, please contact us at:
ANZALI, LLC
30 N. Gould St. Ste 24270
Sheridan, WY 82801
Email Address: support@anzali.io
LAST UPDATED: Jan 1st, 2023
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