Terms of use

Use and acceptance

Thank you for visiting our website. Please read these Terms of Use carefully. By accessing this website, you acknowledge and agree to all of the terms, conditions, notices and disclaimers contained herein and in our Privacy Policy, which is incorporated herein by reference.

Ownership

The intellectual property included herein, including, but not limited to, the trade name, trademark, domain name and website contents, is owned and maintained by its respective owner, which includes FS | NYDIG and their affiliates. For purposes of these Terms of Use, FS | NYDIG, together with any subsidiaries, shall be collectively referred to as “FS | NYDIG.”

Modification

These Terms of Use may be modified from time to time without prior notice to you. All such changes will be posted on this website. You must review these Terms of Use and the Privacy Policy each time you use this website to confirm that you still agree to abide by the terms of each. By using this website after changes have been made to these Terms of Use and/or the Privacy Policy, you are agreeing to be bound by such changes.

General terms of use

You are solely responsible for your use of this website, for all use made by others using your user ID and password, and for ensuring that such use is in full compliance with these Terms of Use. The information published on and, where applicable, the investment information access provided through this website are provided to visitors, registered representatives and investors as a convenience and for informational purposes only. FS | NYDIG does not represent that the information contained on this website is the most current information available nor that such information is necessarily complete. Therefore, you should not rely on the information contained on this website when making decisions. All decisions based on information published on this website are your sole responsibility.

Links to other websites

For your convenience, this website may contain links to other websites not operated by or affiliated with FS | NYDIG. FS | NYDIG does not endorse or control such linked websites and is therefore not responsible for any information contained on those websites. Accordingly, FS | NYDIG will not be liable, directly or indirectly, for any damages resulting from the use or reliance on information or advertisements contained on a linked website.

Copyrights and trademarks

FS | NYDIG is the owner and/or authorized user of all intellectual property rights in all materials used herein (including information and compilations of data, artwork, text, video, audio, images or pictures and the arrangement thereof – collectively, the “Content”). The Content may not be copied, distributed or transmitted in any manner without the prior written consent of FS | NYDIG, as applicable. You may download, print and store copies of the Content for personal, noncommercial use, provided that you do not modify or alter the Content in any way, nor delete or change any copyright or trademark notice. You acknowledge that some or all of the rights, title and/or interests in and to the products, technology and/or processes described in or used in connection with this website may be the subject of other intellectual property rights reserved
by FS | NYDIG or other third parties. Except as expressly provided herein, no license is granted with respect to any intellectual property rights, and all rights, title and/or interest in and to the Content and/or any products, technology and/or processes described on this website shall at all times remain the property of FS | NYDIG, its licensors or third parties.

The registered and unregistered trademarks, logos and service marks (collectively, the “Trademarks”) displayed on this website are trademarks of FS | NYDIG, its licensors or third parties. Nothing contained on this website should be construed as granting any license or right to use any such Trademark without the prior written consent of FS | NYDIG or the respective third-party owner, as applicable. You are hereby advised that FS | NYDIG will aggressively enforce its intellectual property rights, including pursuing all remedies available under civil and criminal law. The Content is protected under the copyright laws of the United States, as well as other intellectual property laws. Reproducing, republishing or copying the information contained on this website, in any form, is prohibited without the prior written consent of FS | NYDIG and/or its licensors, which can be requested by sending an email to the address listed in the contact
section of this website. Please note that any unauthorized entry (commonly known as hacking) into any portion of this website may constitute a crime under state and/or federal law. FS | NYDIG will prosecute these violations to the fullest extent permitted by law. Links to this website are strictly prohibited without the prior written consent of FS | NYDIG, as applicable.

No warranties; limitation of liability

THE INFORMATION CONTAINED IN AND THE PRODUCTS AND SERVICES DESCRIBED ON THIS WEBSITE ARE PROVIDED “AS IS” AND FS | NYDIG MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. In addition, this website utilizes information prepared by us from internal and external sources, which we believe to be reliable. However, we do not represent that this information is accurate, complete or up-to-date. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information available through this website. FS | NYDIG is not responsible for the content of any off-site pages or other sites linked to this website and shall not be liable for any damages or injury arising out of access to or use of such content. Any links to other websites are not intended as referrals or endorsements but are provided to the users of this website solely for convenience and informational purposes. FS | NYDIG makes no representations or warranties that website content is applicable to or appropriate for use in locations outside of the United States.

FS | NYDIG cannot and do not guarantee or warrant that the files available for downloading from this website and any services will be free from infections or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. In no event shall FS | NYDIG, its affiliates and/or any of its or their officers, directors, trustees, shareholders, partners, members, employees, representatives or agents be liable for incidental, consequential, special, direct, indirect, exemplary or punitive damages, including lost profits, that result from or are related to the information published on this website (even if FS | NYDIG has been advised of the possibility and likelihood of such damages). You specifically agree to hold FS | NYDIG, its affiliates and any of its or their officers, directors, trustees, shareholders, partners, members, employees, representatives and agents harmless and agree that they will not be liable for any damages or losses caused, directly or indirectly, by software failure, system failure, website security failure, unauthorized access to this website or any other technical problem. Without limiting the generality of the foregoing, neither FS | NYDIG, nor any other party involved in creating, producing or delivering this website, shall be liable for: 1) any loss or injury caused, in whole or in part, by its actions, omissions or negligence, or for contingencies beyond its control, in procuring, compiling or delivering investment information or other information presented on this website; 2) any errors, omissions or inaccuracies in investment information or other information presented on this website, regardless of how caused, or delays or interruptions in delivery of the investment information or other information presented on this website; 3) any decision made or action taken or not taken in reliance upon the investment information or other information presented on this website; 4) any damages or injury resulting from your access to this website, including, but not limited to, damage to or failure by your computer equipment or other property, communication line failures, computer viruses or inability to access this website; or 5) any other direct, incidental, consequential, indirect, or punitive damages or losses, whether in contract, tort or otherwise, arising out of access to or use of the website.

Prohibited uses; user liability

Because all servers have a limited capacity and are used by many people, this website may not be used in a manner that could damage or overburden any FS | NYDIG server or any network connected to any FS | NYDIG server. Furthermore, this website may not be used in a manner that would interfere with any other party’s use of this website. FS | NYDIG reserves the right to monitor your use of this website and any communications by you related to such use. FS | NYDIG assumes no liability in connection with monitoring activities. If your use of this website violates any provision of these Terms of Use or any applicable law, FS | NYDIG reserves the right to discontinue, restrict, change, limit or permanently revoke your right to use the services provided on this website. You hereby agree to be responsible for any and all liabilities, costs and expenses (including attorney’s fees and court costs) arising from any technical disruption of or damage to this website (including the software and systems that transmit this website) caused directly or indirectly by your use of this website.

Indemnification

You hereby agree to indemnify and hold FS | NYDIG, its subsidiaries, affiliates and any of its or their officers, directors, trustees, shareholders, partners, members, employees, representatives or agents harmless from and against any and all damages, liabilities, claims, demands, suits, actions, causes of action, losses, costs and expenses (including attorney’s fees and court costs) arising from your use of this website, or from your violation of any provision of these Terms of Use.

Information collected

For information on the privacy practices with respect to the collection, protection and use of information transmitted to this website, please review the terms of our Privacy Policy. It is not the responsibility or obligation of FS | NYDIG to authenticate, confirm or otherwise verify the accuracy or propriety of information transmitted via this website. FS | NYDIG shall not be liable for any damage or loss arising from inaccurate or unauthorized transmissions via this website or email.

Securities information

The information provided in this website does not constitute investment, tax, financial, legal or other advice. Information received via this website should not be relied upon for personal, investment, tax, legal or financial decisions, and prior to the execution of any transaction by you related to any information you have obtained from this website or the services described herein, you should consult with your financial, tax and investment advisors and an attorney, or otherwise seek appropriate professional advice tailored to your situation. This website and the services described herein are published solely for informational purposes and are not a solicitation, recommendation, endorsement or offer by FS | NYDIG or a third party to buy or sell any stock, mutual fund, security or other financial instrument. The investment information provided on the website does not attempt or claim to be a complete description of the securities, markets or developments referred to in the materials. All expressions of opinion are subject to change without notice.

FS | NYDIG does not undertake to advise any third party via this website of any material developments regarding FS | NYDIG. FS | NYDIG, its affiliates and their respective officers, directors, trustees, shareholders, partners, members, employees, representatives or agents may have clients with positions in securities or companies mentioned on this website, and FS | NYDIG may have business relationships with such companies.

Jurisdiction

The laws of the Commonwealth of Pennsylvania shall govern all matters arising out of the use of this website, and by accessing this website you irrevocably consent to the jurisdiction of the courts located in the Southeastern District of Pennsylvania or the County of Philadelphia in the Commonwealth of Pennsylvania for any cause of action in connection with your use of this website. Should your use of this website or the Content published on this website be contrary to the laws of the jurisdiction from where you access this website, then this website is not intended for your use, and you should discontinue use of this website. You are solely responsible for knowing the laws of your jurisdiction and for assuring your compliance with such laws.

Use outside the United States; Limited availability

Not all products or services described on this website may be available to all persons or entities or in all jurisdictions. This website was created in the United States. This website and/or the services may not comply with legal requirements in foreign countries. Any and all information obtained from this site is not provided for and may not be used by any person or entity in any jurisdiction in violation of applicable laws, rules or regulations.

Severability

If a court determines any provision of these Terms of Use to be illegal or unenforceable, then such provision will be eliminated or enforced to the maximum extent possible, and the remaining provisions of these Terms of Use will remain in full force and effect.

Arbitration

You agree that FS | NYDIG, as applicable, at its sole discretion, may require you to submit any disputes arising from the use of this website, the services described herein, and/or these Terms of Use, including those concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes regarding the adaptability of these Terms of Use to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association by one or more arbitrators appointed in accordance with such rules.

Notwithstanding these rules, however, such proceeding shall be governed by the laws of the Commonwealth of Pennsylvania as set forth herein. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this clause, except as may be required by statute.

Entire agreement

These Terms of Use and the Privacy Policy constitute your entire agreement with FS | NYDIG regarding this website and the services described herein, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and FS | NYDIG with respect to this website or any services described herein.

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