Use and acceptance
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
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
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.
Use outside the United States; Limited availability
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.