This User Agreement (this “Agreement”) sets forth the terms and conditions that apply to your access and use of the website located at glassnet.io (“GLASS”), any websites of subsidiaries and affiliates of SharesPost, Inc, and all information, content, tools, features and functionality located thereon (collectively, the “Service”). GLASS is owned and operated by SharesPost Digital Assets, LLC (“SharesPost Digital Assets”), a Delaware limited liability company corporation and wholly-owned subsidiary of SharesPost, Inc.
When you use GLASS, you agree to comply with the GLASS terms and conditions.
You represent and warrant that you are of legal age to use the Service. You may not accept this Agreement if you are not of a legal age to form a binding contract with SharesPost Digital Assets. By accepting this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. You may print or save a copy of this Agreement for your records.
3. INFORMATION FROM THIRD PARTIES
SharesPost Digital Assets works with third-party providers of information in connection with the Service. SharesPost Digital Assets does not endorse or guarantee any such third-party information for any purpose, including but not limited to accuracy, legality, non-infringement or fitness for any particular purpose. SharesPost Digital Assets is not responsible for any third-party products and services or third-party websites accessed through the Service.
4. YOUR REGISTRATION INFORMATION
Any information provided to or data generated by your activities on GLASS will be available to SharesPost Digital Assets in order to assist you with the Services provided by SharesPost Digital Assets.
By providing SharesPost Digital Assets with your e-mail address, you agree to receive all required notices from SharesPost Digital Assets electronically, to the e-mail address provided. It is your responsibility to update or change that address. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on its site, accessible through most standard, commercially available Internet browsers. If you become aware of any unauthorized use of your Registration Information, you agree to notify SharesPost Digital Assets immediately.
5. YOUR USE OF THE SERVICE
Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Service for lawful purposes.
In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you may be affected.
Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair or other actions that SharesPost Digital Assets, in its sole discretion, may elect to take. SharesPost Digital Assets cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or loss of data, personalization settings, or other service interruptions. SharesPost Digital Assets cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store any user data, communications, or personalization settings.
6. RIGHTS YOU GRANT TO US
You hereby authorize and permit SharesPost Digital Assets to use information submitted by you to the Service (such as account passwords and users names) to configure the Service so that it is compatible with the third-party sites.
7. SHARESPOST DIGITAL ASSETS INTELLECTUAL PROPERTY RIGHTS
GLASS’ “look and feel” (for example, the text, graphics, images, logos and button icons appearing on the website), photographs, editorial content, notices, software (including HTML-based computer programs) and other materials are protected under United States and other applicable copyright, trademark and other laws. The contents of GLASS belong or are licensed to SharesPost Digital Assets or its software or content suppliers. SharesPost Digital Assets grants you the right to view and use GLASS subject to these terms. You may download or print a copy of information provided on SharesPost for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from GLASS, in whole or in part, for any other purpose is expressly prohibited without SharesPost Digital Assets’s prior written consent.
8. ACCESS AND INTERFERENCE
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Service, without SharesPost Digital Assets’ express written consent, which may be withheld in SharesPost Digital Assets’ sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Internet Explorer);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interferes with the proper working of the Service; or
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service.
9. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. SHARESPOST DIGITAL ASSETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
SHARESPOST DIGITAL ASSETS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT OF THE SERVICE, WHETHER SUCH CONTENT IS PROVIDED BY SHARESPOST DIGITAL ASSETS OR BY A THIRD PARTY ON THE SERVICE, AND SHARESPOST DIGITAL ASSETS EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. SHARESPOST DIGITAL ASSETS MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
10. NOT A REGISTERED EXCHANGE, FINANCIAL PLANNER, INVESTMENT ADVISER OR TAX ADVISOR
NEITHER SHARESPOST DIGITAL ASSETS NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX, INVESTMENT OR FINANCIAL ADVICE. Although the Service may provide data, information, or content relating to investment strategies and/or opportunities to buy and/or sell securities, you should not construe any such content as tax, legal, financial, or investment advice.
SharesPost Digital Assets is not
- a registered exchange under the Securities Exchange Act of 1934,
- a registered investment adviser under the Investment Advisers Act of 1940 or
- a financial or tax planner, and does not offer legal advice to any user of the service.
Although the Service may provide data, information, or content relating to investment strategies and/or opportunities to buy and/or sell securities, you should not construe any such content as tax, legal, financial, or investment advice.
11. LIMITATIONS ON SHARESPOST DIGITAL ASSETS’ LIABILITY
NONE OF SHARESPOST DIGITAL ASSETS OR ITS AFFILIATES SHALL IN ANY EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO OR YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF SHARESPOST DIGITAL ASSETS OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, LIABILITY OF SHARESPOST DIGITAL ASSETS AND ITS AFFILIATES, IN THE AGGREGATE, TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT OF FEES YOU HAVE ACTUALLY PAID TO SHARESPOST DIGITAL ASSETS FOR THE SERVICES WITHIN THE PAST ONE-YEAR.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, ANY SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
12. YOUR INDEMNIFICATION OF SHARESPOST DIGITAL ASSETS
You shall defend, indemnify and hold harmless SharesPost Digital Assets and its affiliates, officers, directors, shareholders, employees, agents, consultants and advisers, from and against all claims and expenses, including but not limited to attorneys’ fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
13. MODIFICATIONS OF THIS AGREEMENT
SharesPost Digital Assets may modify this Agreement from time to time in its sole discretion, so review it periodically. The Agreement will indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you visit GLASS or use the Service after such changes are made.
If any portion of this Agreement is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void, or unenforceable, but only that portion of this Agreement that is unlawful, void, or unenforceable shall be stricken from this Agreement.
You agree that if SharesPost Digital Assets does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which SharesPost Digital Assets has the benefit of under any applicable law), such failure to exercise such right or remedy may not be construed as a waiver of any other rights and remedies of SharesPost Digital Assets.