THESE TERMS OF SERVICE ARE ENTERED INTO BY AND BETWEEN YOU AND ENTRILIA INC. ("COMPANY," "WE," OR "US"). THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS OF SERVICE"), GOVERN YOUR ACCESS TO AND USE OF ANY WEBSITES, PORTALS, OR APPLICATIONS THAT LINK TO THESE TERMS OF SERVICE, INCLUDING ANY CONTENT, FUNCTIONALITY AND SERVICES OFFERED ON OR THROUGH SUCH WEBSITES, PORTALS OR APPLICATIONS (THE "SERVICE"). YOU SHOULD READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. THESE TERMS OF SERVICE CONTAIN AN ARBITRATION PROVISION THAT WAIVES YOUR RIGHT TO A COURT HEARING AND/OR A JURY TRIAL, A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT, AND PROVISIONS LIMITING OUR LIABILITY TO YOU. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SERVICE.
By using the Service or by clicking to accept the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. Company uses industry-standard practices to protect the integrity and confidentiality of information stored in the Service. While we take reasonable steps to secure our systems, we cannot guarantee absolute security.
Company has entered into a separate agreement (the “Customer Agreement”) with a fund, a fund manager, or another investment or financial services entity that is the Company’s customer (including its affiliates, the “Customer”). Pursuant to the Customer Agreement, Company is the Customer’s service provider, and Company is making the Services available to you and/or other investors or persons designated by Customer. You agree and acknowledge that you are not a third party beneficiary of the Customer Agreement and have no rights thereunder. Customer may from time to time make available to you through the Service investment reports and other information, data, and materials (the “Customer Materials”). You agree and acknowledge that Company will not be liable to you for the timeliness, accuracy or completeness of the Customer Materials.
This Service is offered and available to users who have been authorized to use the Service by the Customer. By using this Service, you represent and warrant that you meet the foregoing eligibility requirement. If you access the Service on behalf of any organization, your organization shall be bound to these Terms of Service and be liable for any breach by you, and you represent that you have all rights, power, and authority to agree to these Terms of Service on behalf of your organization.
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter. However, any changes to the dispute resolution provisions set forth below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Service.
Your continued use of the Service following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. Company may also notify you of any changes to the Terms of Service by email or other means.
We reserve the right to withdraw or amend this Service in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service.
To access the Service, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current and complete.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person. You agree not to provide any other person with access to this Service using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We have the right to disable any username, password or other identifier, at any time in our sole discretion for any reason, including for violation of these Terms of Service.
The Service is owned by the Company or other providers of such material and are protected by United States and international copyright, trademark, patent, and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Service for your internal business use only. You may not reverse engineer the Service or discover the code underlying the Service, or attempt to do any of the foregoing. Excluding the Customer Materials, you must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any aspect of the Service, except as follows:
No right, title or interest in or to the Service is transferred to you, and all rights not expressly granted are reserved by the Company.
Entrilia, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the written permission of the Company. All other names, logos, product and service names, designs and slogans on this Service are the trademarks of their respective owners.
You may use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Service:
Additionally, you agree not to:
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Service.
WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF INFORMATION PRESENTED ON OR THROUGH THE SERVICE, INCLUDING THE CUSTOMER MATERIALS. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, or by anyone who may be informed of any of its contents. You agree and acknowledge that Company is not providing you with financial, legal, tax, or other advice.
This Service includes content provided by third parties, including materials provided by Customer. All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the timeliness, completeness, or accuracy of any materials provided by any third parties.
The owner of the Service is based in the State of Florida in the United States. We make no claims that use of the Service is appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Service for any reconstruction of any lost data.
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON AFFILIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR THE CUSTOMER MATERIALS WILL BE COMPLETE, ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ITEMS OBTAINED THROUGH THE SERVICE, INCLUDING THE CUSTOMER MATERIALS, WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR VENDORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE, ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE, THE CUSTOMER MATERIALS, OR ANY SERVICES PROVIDED BY COMPANY TO CUSTOMER UNDER OR IN CONNECTION WITH THE CUSTOMER AGREEMENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the Company, its affiliates, vendors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Service, including your use of any information obtained from the Service.
You represent and warrant that you are not: (a) located in a country that is subject to a U.S. government embargo; or, (b) listed on any U.S. government list of prohibited or restricted parties. You agree that (i) you will comply with all applicable sanctions and export control laws, and (ii) you are responsible for ensuring that the Service is used, disclosed, and/or accessed only in accordance with all applicable sanctions and export control laws.
All matters relating to the Service and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Miami and County of Miami-Dade County, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in any appropriate jurisdiction. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
AT COMPANY'S SOLE DISCRETION, IT MAY REQUIRE YOU TO SUBMIT ANY DISPUTES ARISING FROM THESE TERMS OF SERVICE OR USE OF THE SERVICE, INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING FLORIDA LAW. ARBITRABILITY DISPUTES ARE ALSO SUBJECT TO ARBITRATION.
YOU HEREBY WILLINGLY, EXPRESSLY, AND KNOWINGLY WAIVE ALL RIGHT TO BRING OR PARTICIPATE IN ANY CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR PRIVATE ATTORNEY-GENERAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR USE OF THE SERVICE. YOU MAY NOT BRING ANY CLAIM, SUIT, OR OTHER PROCEEDING IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR USE OF THE SERVICE AS THE MEMBER OF ANY CLASS OR AS PART OF ANY SIMILAR COLLECTIVE OR CONSOLIDATED ACTION.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver of by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Entrilia Inc. with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service.
This website is operated by Entrilia Inc., 1111 Lincoln Road, Suite 500, Miami Beach, Florida 33139.
All feedback, comments, requests for technical support and other communications relating to the Service should be directed to: support@entrilia.com. Entrilia may freely use any feedback, comments or suggestions that you provide to us regarding the Service without compensation or other obligation to you.