PLEASE READ THESE TERMS CAREFULLY. The terms contain important information regarding your legal rights, including, without setting forth a full list of the terms below, limitations and disclaimers on the rights of ALTANGENT and certain third parties.
Limitations on and disclaimers of ALTANGENT's obligations to you are set forth in greater detail below. As a preface to all the Terms, though, it is important that you understand the following general limitations and disclaimers on use of the Website and the ALTANGENT Services, API and Data.
A. No Investment Advice
As set forth more fully below, the information provided on this Website does not constitute investment advice, financial advice, trading advice, or any other sort of advice and you should not treat any of the website's content as such. ALTANGENT does not recommend that any cryptocurrency and/or digital assets should be bought, sold, or held by you. You should conduct your own due diligence and consult your financial advisor before making any investment decisions.
B. Accuracy of Information
ALTANGENT will strive to ensure accuracy of information listed on this Website although it will not hold any responsibility for any missing or wrong information. ALTANGENT provides all information as is. You understand that you are using any and all information available here at your own risk.
To access or use the Website and the ALTANGENT Services, API and Data, you must be at least 13 years old.
API means the Blocktap API application programming interface as described at www.blocktap.io and any other API materials made available by ALTANGENT or its subsidiaries.
API Key means the security key ALTANGENT makes available for you to access the API, as described at www.blocktap.io/docs.
Services means ALTANGENT's Data and API made available by ALTANGENT on a hosted basis as listed and described at www.blocktap.io.
Data means ALTANGENT's information compiled into a database and provided via the API. Such information may include but is not limited to bid prices, ask prices, order book data, trade prices, final auction prices, trading volume of certain digital assets, and other market data.
Subject to and conditioned on your compliance with the Terms, we hereby grant you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license during the term of the Agreement to access Data, through communication, interaction and interoperation with the Website, Services and the API solely for the permitted uses (each a "Permitted Use") of (i) personal, non-commercial purposes by you and your employees, including use of cryptocurrency applications with the Data; (ii) noncommercial use and display of the Data to the general public on a public website, together with development of related summaries or charts of the Data and API; and (iii) noncommercial, public commentary on the Data and API, together with development of related summaries or charts of the Data and API. Any public display of, or commentary on the Data and API shall include attribution to the Blocktap data source at www.blocktap.io. This license applies to users who can access portions of the Data and API at no charge and without registration and also to registered users. To the extent that ALTANGENT's Data is obtained from third parties, any such third party data may be subject to restriction of use and require additional license agreements from such third parties In addition, this license is subject to the following agreed acknowledgements and understandings:
B. If you breach any of these Terms, the license provided by these Terms will terminate automatically.
C. You acknowledge that there are no implied licenses granted under this Agreement.
D. All rights not expressly granted to you are reserved by ALTANGENT, its third-party providers and other respective owners, if any.
E. In order to use and access the Data and API as a registered user, you must obtain an API Key through the registration process available at https://www.blocktap.io/auth/signup. You may not share your API Key with any third party, and must keep your API Key and all log-in information secure.
F. You (and not ALTANGENT) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, software and services needed for you to access and use the Service, and paying all charges related thereto.
G. You acknowledge that we may update or modify the API from time to time and at our sole discretion (in each instance, an "Update"), and may require you to obtain and use the most recent version(s). You are required to make any such changes to your communication with Website and Services that are required for integration as a result of such Update at your sole cost and expense. Updates may adversely affect how you communicate with the Website and Services. Your continued use of the API following an Update constitutes binding acceptance of the Update.
Except as expressly authorized as a Permitted Use under the Terms or by written consent of ALTANGENT, you may not:
A. use the Services, Data, or API for any other purpose, including without limitation any commercial purpose, without our prior written consent.
B. copy, edit, modify, or create derivative works of the Data or API, in whole or in part, except for development of summaries or charts of the Data and API as set forth in the Permitted Uses;
C. rent, lease, loan, sell, license, sublicense, assign, distribute, publish, transfer, display, perform or otherwise make available the Data or API;
D. create derivative works of, create any index, reverse engineer, disassemble, decompile, decode, adapt, alter, enhance or otherwise attempt to derive or gain access to any software component of the API, in whole or in part or in any way exploit the Service, API or Data in any manner;
E. remove any proprietary notices from the API or make use of any of our trademarks, service marks, trade names or logos or those of any third party displayed on the Website;
F. use the Data or API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law;
G. design or permit your communications, interactions and interoperations with the Website and Services to disable, override, or otherwise interfere with any ALTANGENT-implemented communications to end users, consent screens, user settings, alerts, warning, or the like;
H. make excessive requests for information or take any action that interferes with, disrupts or imposes an undue burden on the Services or any server or network connected to the Services or negatively affects the quality or availability of any Services, or speed or functionality of the Services;
I. introduce a virus, Trojan horse, worm, time bomb or other malware to the Service, or use any device, software or routine to bypass any software or hardware that prohibits volume requests for information;
J. violate, bypass or circumvent any security measure intended to limit or prevent access to the Website, API, Data or Services; or otherwise attempt to gain unauthorized access to the Service, any Data or to any computer systems or networks connected to the Services or any ALTANGENT server, whether through hacking, password mining, unauthorized use of another's password/credentials or any other means;
K. restrict, inhibit or interfere with use of the Services by any other user (including by hacking or defacing the Website);
L. introduce or otherwise distribute through the Website any computer program that damages, interferes with, intercepts, collects, releases or discloses any system, data or personal information of ours or any third party;
M. use or introduce to the Services any data mining, crawling, "scraping", robot or similar automated or data gathering or extraction method, or manually access, acquire, monitor or copy any portion of the Services; or
N. use the API, Data or Services for or in connection with any activity that (i) violates any law, statute, ordinance or regulation, including without limitation, the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), or (ii) involves proceeds of any unlawful or illegal activity.
By agreeing to these terms, you are consenting to our fee arrangement, as further described at www.blocktap.io/pricing. We reserve the right to modify our pricing for access to and use of the Data and API, at any time. You acknowledge and agree that this fee arrangement is made in consideration of the mutual covenants set forth in this agreement, including, without limitation, the disclaimers, exclusions, and limitations of liability set forth herein. In no event shall the free use of our Services, Data or API be construed to limit the terms for which you agree to under this Agreement.
ALTANGENT provides content through the Website and Services that is copyrighted and/or trademarked work of ALTANGENT or ALTANGENT's third-party licensors and suppliers (collectively, the "Proprietary Content"). For clarity, Proprietary Content shall include all such content accessed by you at any time. You acknowledge that the Website and Services have been developed, compiled, prepared, revised, selected, and arranged by ALTANGENT and such third parties through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of ALTANGENT and such others. Accordingly, you acknowledge that ALTANGENT and/or its providers own all trademark, copyright and other intellectual property rights, as applicable, to the Proprietary Content under the laws of the United States and other countries, and have reserved all rights in and to such Proprietary Content.
You shall protect the proprietary rights of ALTANGENT and all others having rights in the Website and Services during and after the term of this agreement and comply with all reasonable written requests made by ALTANGENT to protect its and others' contractual, statutory, and common law rights in the Website and Services.
Nothing contained in these Terms grants you any interest in any of ALTANGENT's or any third-party's intellectual property.
Subject to these Terms, you may view, print and make copies of the Proprietary Content for your own personal use. You may not, and shall not, copy, reproduce, download, "screen scrape", store, transmit, broadcast, publish, modify, create a derivative work from, display, perform, distribute, redistribute, sell, license, rent, lease or otherwise use, transfer (either in printed, electronic or other format) or exploit any Proprietary Content, in whole or in part, in any way that does not comply with these Terms without our prior written permission. To request permission to use any Proprietary Content other than as expressly permitted in these Terms, please contact firstname.lastname@example.org.
As between ALTANGENT and you, all Proprietary Content is owned or controlled by ALTANGENT. "Altangent", any associated logo, and, except as to third party rights noted below, all other product or service names or slogans displayed on the Website and Services are registered and/or common law trademarks of ALTANGENT or its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ALTANGENT or the applicable trademark holder. In addition, the look and feel of the Website and Services, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of ALTANGENT and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ALTANGENT. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Website and Services are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by ALTANGENT.
The use or misuse of ALTANGENT's trademarks or other intellectual property, except as expressly permitted by these Terms, is prohibited. You shall promptly notify ALTANGENT at email@example.com if you know or suspect that any of ALTANGENT's or its providers' intellectual property rights has been violated or infringed.
If you send or transmit any communication, including but not limited to feedback, questions, comments or suggestions to ALTANGENT, whether by letter, email, telephone or otherwise (collectively, "Feedback"), all such Feedback is, and will be treated as non-confidential and non-proprietary. You hereby assign to ALTANGENT all right, title, and interest in, and ALTANGENT is free to use, without any attribution or compensation to you, any ideas, concepts, know-how or techniques or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to enhancing the Service, or otherwise developing, manufacturing, licensing, marketing and selling products and services based on or containing such Feedback. You also understand and agree that ALTANGENT is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution. ALTANGENT may use aggregated and statistical data derived from Website usage.
THE CONTENT ON THE WEBSITE, SERVICES, API AND DATA IS STRICTLY FOR INFORMATIONAL PURPOSES. NOTHING ON OR IN THE WEBSITE, SERVICES, API AND DATA SHALL CONSTITUTE OR BE CONSTRUED AS AN OFFERING OF ANY CURRENCY OR ANY FINANCIAL INSTRUMENT OR AS INVESTMENT ADVICE OR INVESTMENT RECOMMENDATIONS (SUCH AS RECOMMENDATIONS AS TO WHETHER TO PURCHASE A CURRENCY OR INSTRUMENT) BY ALTANGENT OR A RECOMMENDATION AS TO AN INVESTMENT STRATEGY BY ALTANGENT. CONTENT ON THE WEBSITE, SERVICES, API AND DATA SHOULD NOT BE CONSIDERED AS INFORMATION SUFFICIENT UPON WHICH TO BASE AN INVESTMENT STRATEGY. NO CONTENT ON THE WEBSITE, SERVICES, API AND DATA IS TAILORED TO THE SPECIFIC NEEDS OF ANY INDIVIDUAL, ENTITY OR GROUP OF INDIVIDUALS. ALTANGENT EXPRESSES NO OPINION AS TO THE FUTURE OR EXPECTED VALUE OF ANY CURRENCY, SECURITY OR OTHER INTEREST. ALTANGENT DOES NOT EXPLICITLY OR IMPLICITLY RECOMMEND OR SUGGEST ANY INVESTMENT STRATEGY OF ANY KIND. CONTENT ON THE WEBSITE, SERVICES, API AND DATA MAY NOT BE USED AS A BASIS FOR ANY FINANCIAL OR OTHER PRODUCT WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF ALTANGENT.
THE CONTENT PROVIDED ON AND IN THE WEBSITE, SERVICES, API AND DATA INCLUDES CONTENT AND DATA FROM THIRD-PARTY PROVIDERS UNRELATED TO ALTANGENT. ALTANGENT DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY OR ANY OTHER ASPECT OF ANY THIRD-PARTY CONTENT OR DATA.
THE WEBSITE, SERVICES, API AND DATA AND THE CONTENT PUBLISHED WITHIN THE WEBSITE, SERVICES, API AND DATA MAY INCLUDE INACCURACIES OR ERRORS. ALTANGENT DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, SECURITY, AVAILABILITY OR INTEGRITY OF THE WEBSITE, SERVICES, API AND DATA OR ANY CONTENT, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE WEBSITE, SERVICES, API AND DATA OR THE CONTENT. ALTANGENT MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE WEBSITE, SERVICES, API AND DATA OR ANY CONTENT, OR THAT THE WEBSITE, SERVICES, API AND DATA OR CONTENT WILL BE UNINTERRUPTED OR OPERATE IN COMBINATION WITH ANY SOFTWARE, SERVICE, SYSTEM OR OTHER DATA OR INFORMATION. THE CONTENT OF THE WEBSITE, SERVICES, API AND DATA ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ALTANGENT DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THE WEBSITE AND ITS SERVERS, SERVICES, API AND DATA, OR ANY EMAIL SENT FROM ALTANGENT, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALTANGENT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, SERVICES, API AND DATA AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALTANGENT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE, SERVICES, API AND DATA; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, SERVICES, API AND DATA; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, SERVICES, API AND DATA BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE, SERVICES, API AND DATA; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT SHALL ALTANGENT (AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO OR USE OF THE WEBSITE, SERVICES, API AND DATA OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE WEBSITE, SERVICES, API AND DATA; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SERVICES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE WEBSITE, SERVICES, API AND DATA; OR OTHERWISE ARISING OUT OF THE ACCESS TO OR USE OF THE WEBSITE, SERVICES, API AND DATA WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ALTANGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ALTANGENT (AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, AND AFFILIATES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN EXCESS OF $100.00. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Except to the extent prohibited under applicable law, you shall indemnify, defend and hold harmless ALTANGENT and its members, managers, directors, officers, employees, partners, consultants, contractors, service providers, agents, successors and assigns from and against any and all suits, actions, proceedings and claims by third parties (whether threatened or actual), and all losses, liabilities, damages, judgments, costs and expenses (including reasonable attorneys' fees) arising out of, relating to or in connection with: (i) your use (or misuse) of and access to the Website, Services, API or Data ; (ii) your violation of any of these Terms; (iii) your violation of any applicable law, rule or regulation; (d) any claim that any information provided by you to ALTANGENT in connection with the Website, Services, API or Data, including the content thereof, caused damage to, infringed upon, misappropriated or otherwise violated the rights of any third party, including infringement, misappropriation or other violation of third-party intellectual property rights, or violation of any right of privacy or publicity; and/or (iv) any dispute that you have with any third party relating to or in connection with the Website, Services, API, or Date, or content thereof. ALTANGENT reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ALTANGENT in asserting any available defenses and in the conduct of such defense.
The Website and Services may contain links to third-party websites. Your use of all links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party websites does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party websites.
When you leave the Website, whether via a link contained on the Website or through the use of your web browser or other navigational tool, the information you view is not provided by us. Our terms and policies do not govern your use of third-party websites. We are not responsible for, have no control over and do not monitor or review the content of any other website. A link to a third-party website does not imply sponsorship, approval, affiliation or endorsement by ALTANGENT of the linked third-party website or of that third party's products or services.
YOU AGREE THAT ALTANGENT WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITE OR SERVICES, FOR ANY DEALINGS OR COMMUNICATIONS YOU MAY HAVE WITH THIRD PARTIES, OR FOR ANY HARM, DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY OF THE FOREGOING OR YOUR USE OF OR RELIANCE ON THE MATERIALS OR THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.
At any time and in ALTANGENT's sole discretion, ALTANGENT may (in whole or in part) modify, suspend or discontinue the Service, API and Data without notice, for any reason. We shall have no liability to you or to any third party for any such modification, suspension or discontinuance.
In addition, we may revise these Terms from time to time, without prior notice. You are bound by any changes to these Terms upon our posting of such changes on the Website. You should check these Terms often to make certain that you are aware of the most current Terms.
These Terms and the related API and Data License Agreement commence when you access this Website and/or use the Services and will continue in effect until terminated as set forth in this Section (the "Agreement Term"). We may immediately terminate or suspend the Agreement Term, any rights granted herein, and/or your licenses under these Terms, in our sole discretion at any time and for any reason, by providing notice to you or revoking access to the Services. In addition, the Agreement Term will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms. You may terminate the Agreement Term at any time by ceasing your access to and use of the Services, API and Data. Upon termination of the Agreement Term for any reason all licenses and rights granted to you under these Terms will also terminate and you must cease using, destroy, and permanently erase from all devices and systems you directly or indirectly control all copies of the Services, API and Data. Any Terms that by their nature are intended to continue beyond the termination or expiration of this Agreement, will survive termination. Termination will not limit any of ALTANGENT's rights or remedies at law or in equity.
The Services and API may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the API to, or make the API accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. For the duration of this Agreement and for so long as you are using our Data, you shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the API available outside the US.
The API is a "commercial item" as that term is defined at 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. § 12.212. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the API as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors.
The remedies available to ALTANGENT in these Terms are cumulative and in addition to any others available to ALTANGENT. ALTANGENT may seek all remedies available to it at law and in equity for any violation of these Terms. ALTANGENT may suspend, terminate or block your access to the Website and Services (in whole or in part) for any violation or suspected violation as we determine, without notice to you. Your violation of these Terms shall be considered a breach of contract.
We reserve the right, but do not assume any obligation, to investigate any suspected violation of these Terms or any misuse of the Website and Services. In addition, we further reserve the right to report any activity, data or persons to, and otherwise cooperate with: (i) law enforcement authorities; (ii) financial regulators, including the U.S. Securities and Exchange Commission (SEC); (iii) system administrators at Internet service providers, networks or computing facilities; and (iv) providers and/or third-party vendors if we suspect that you have violated these Terms or any law, rule or regulation. You acknowledge that such reporting or cooperation may include, without limitation, providing information relating to you and/or your use of the Service, including without limitation your email address, IP address or other identifying information, to law enforcement authorities, financial regulators, third-party providers, vendors or system administrators. Further, we may disclose any information we think necessary to comply with applicable law, regulation, subpoena or other legal process or governmental or regulatory request.
These Terms and any and all claims, disputes or other legal proceedings by or between you and us, including but not limited to any claims or disputes that are in any way related to or arising out of these Terms or your use of or access to the Website, Services API and Data, shall be governed by and construed in accordance with U.S. federal law and the laws of Pennsylvania, without regard to any principles of conflicts of law. You agree that any action arising out of, relating to or in connection with the Website, Services, API and Data, and/or these Terms shall be litigated solely in a state or federal court of competent jurisdiction located in Allegheny County, Pennsylvania, and you further irrevocably submit to the exclusive jurisdiction of such court and waive any objection to jurisdiction and venue (including on the basis of forum non-conveniens).
You acknowledge that any breach of either of the sections above titled "License Use Restrictions" or "Ownership and Intellectual Property" would cause immediate and irreparable harm to ALTANGENT, for which monetary damages would not be sufficient, and that, in addition to all other remedies available to ALTANGENT at law or in equity, ALTANGENT shall be entitled to seek injunctive relief without proof of damages or the posting of bond or other security in the event of such a breach or threatened breach.
B. Any notices to us must be sent to our corporate headquarters address available at www.altangent.com and must be delivered either in person, by certified or registered mail, return receipt requested and postage prepaid, or by recognized overnight courier service, and are deemed given upon receipt by us. Notwithstanding the foregoing, you hereby consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the API. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
C. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction.
D. Any failure to act by us with respect to a breach of this Agreement by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches.
E. This Agreement is personal to you and may not be assigned or transferred for any reason whatsoever without our prior written consent and any action or conduct in violation of the foregoing will be void and without effect. We expressly reserve the right to assign this Agreement and to delegate any of its obligations hereunder.
F. You agree that no joint venture, agency, partnership, or employment relationship exists between you and ALTANGENT and/or its affiliates as a result of these Terms or use of the Website and Services.
G. If any provision of these Terms, including, but not limited to, the warranty disclaimers and limitations of liability set forth above, is determined to be invalid or unenforceable under applicable law, the invalid or unenforceable provisions in these Terms shall be deemed superseded by valid and enforceable provisions that, to the extent possible, fulfill the business purposes and intent of such invalid and unenforceable provisions.
H. In addition to and without limiting the preceding paragraph, some U.S. states and foreign countries may provide rights in addition to those provided in the above "Disclaimers and Limitation of Liability" section or do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, the limitations set forth in the above Disclaimer and Limitation of Liability section may not apply to you in whole or in part or there may be state or country specific provisions that supersede such limitations in whole or in part. Any provision of the above Disclaimer and Limitation of Liability section that is declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder.
I. Any heading or section title contained herein is for convenience of reference only and shall not affect the meaning or interpretation of these Terms. The terms "include" and "including" are deemed to include the phrase "without limitation" immediately thereafter.
J. Our performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Website and Services or information provided to, or gathered by, us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Website and Services within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
K. In no event shall ALTANGENT be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.
If you have any questions about these Terms, please contact us:
Effective date: January 1st, 2019