FenixWing (“FenixWing” “we,” or “us”) provides its website, FenixWing, located at https://fenixwing.com/ (together with all other websites, mobile applications, and services operated by or on behalf of FenixWing, the “Site”), to you, an individual user (“you”) for your individual usage, subject to compliance with the terms and conditions set forth herein.
You affirm that you are over the age of 18, as the Site is not intended for children under 18.
2. Changes to the TOU
We reserve the right at any time to:
– Change the terms and conditions of the TOU;
– Change the terms of the license
– Change the Site, including eliminating or discontinuing any content or feature of the Site; or
– Impose fees, charges, or other conditions for using the Site or parts thereof.
FenixWing may modify the Site at any time without prior notice, and you accept those modifications if you continue to use the Site. You should check the Site frequently to see recent changes.
3. Important Securities Disclaimer
You understand that no content published on the Site constitutes a recommendation that any particular security, portfolio of securities, transaction, or investment strategy is suitable for any specific person. You further understand that none of the news on Site (FenixWing) advises you personally concerning the nature, potential, value, or suitability of any particular security, portfolio of securities, transaction, investment strategy, or other matter. To the extent that any of the content published on the Site may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person. You understand that an investment in any security is subject to a number of risks and that discussions of any security published on the Site will not contain a list or description of relevant risk factors. In addition, please note that some of the stocks about which content is published on the Site have a low market capitalization and/or insufficient public float. Such stocks are subject to more risk than stocks of larger companies, including greater volatility, lower liquidity, and less publicly available information.
You understand that performance data is supplied by sources believed to be reliable, that the calculations on our Site are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.
From time to time, references may be made on our Site to prior data we have published. These references may be selective, may reference only a portion of the data, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
All content on the Site is presented only as of the date published or indicated and may be superseded by subsequent market events or for other reasons. Market/industry information may quickly become unreliable for various reasons, including, for example, changes in market conditions or political/economic circumstances. Neither FenixWing nor the Third Party Providers are obligated to update any data. We may discontinue offering market/industry information at any time without notice. You agree that neither FenixWing nor the Third Party Providers will be liable in any way for the termination, interruption, delay, or inaccuracy of any market/industry information.
4. No Investment Recommendations or Professional Advice
The content on the Site is being provided for information purposes only, and nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation.
Past performance is no guarantee of future results. FenixWing is not a fiduciary by virtue of any person’s use of or access to the Site. FenixWing is not a licensed securities dealer, broker or US investment adviser, consulting company, or investment bank.
5. Copyright, Linking Policy, and Trademarks
The Site and the content contained herein, as well as all copyrights, including without limitation, the text, documents, articles, products, software, graphics, files, infographics, photos, sounds, videos, interactive features, services, links, User Submissions (as defined below), third-party apps, and any other content on the Site (“Content”) and the trademarks, service marks and logos contained therein are the property of FenixWing and its third-party licensors or providers. You may access and use the Content and download and/or print out copies of any content from the Site only in accordance with the terms of the license. You acknowledge that you do not acquire any ownership rights by using the Site. FenixWing reserves all rights not expressly granted in and to the Site.
You may link to any content on the Site. See our license terms if you are interested in reprinting, republishing, or distributing content from FenixWing. No changes may be made to the content.
This section shall survive any termination of these TOU.
6. User Conduct
You may not use, copy, display, sell, license, de-compile, republish, upload, post, transmit, distribute, create derivative works or otherwise exploit Content from the Site contrary to the terms of the license. Modification of the Content or use of the Content contrary to the terms of the license is a violation of our copyright and other proprietary rights and can subject you to legal liability.
The user agrees not to:
– Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
– Use the Site for any unlawful purpose;
– Express or imply that any statements you make are endorsed by us without our prior written consent;
– Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site contrary to the terms of the license;
– Disable, damage, or alter the functioning or appearance of the Site, including the presentation of advertising;
– “Frame” or “mirror” any part of the Site without our prior written authorization;
– Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine,” “scrape,” “harvest,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
– Harvest or collect information about visitors to the Site without their express consent;
– Send unsolicited or unauthorized advertisements, spam, chain letters, etc., to other users of the Site;
– Transmit any content containing software viruses or other harmful computer code, files, or programs.
You also agree to comply with all applicable laws, rules, and regulations concerning your use of the Site and the content made available therein. We aim to prevent, detect and not knowingly facilitate money laundering and terrorism financing activities. You may not use the Site in a manner that violates our anti-money laundering, counter-terrorist financing, or similar regulatory obligations.
We reserve the right to close, suspend, or limit access to your Subscription, account, and/or the Site in the event your use violates such obligations or if, after reasonable inquiry, we are unable to obtain information about you that is required to verify your identity. We may require you to provide additional information or documents to verify your identity, including your date of birth, physical address, the taxpayer or other identification number, your physical address, government-issued identification document, or other information that will allow us to reasonably identify you.
FenixWing has the right to terminate your access to the Site at its sole discretion.
7. Disclaimer of Warranties
The Site, and any product or service obtained or accessed through the Site, are provided “as is” and without representations or warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Fenixwing, its officers, directors, employees, affiliates, suppliers, advertisers, agents, information providers, and any other third party involved in or related to the making or compiling of the Site disclaim all warranties, express, implied or statutory, including, but not limited to, warranties of title and non-infringement, implied warranties of merchantability and fitness for a particular purpose, and all warranties relating to the originality, adequacy, accuracy, timeliness, merchantability or completeness of any information on our Site.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
FenixWing and its affiliates, suppliers, agents, sponsors, information providers, and any other third party involved in or related to the making or compiling of the Site do not warrant that your use of the Site will be uninterrupted, error-free or secure, or that the Site or the server(s) on which the Site is hosted are free of viruses or other harmful components. You assume total responsibility and risk for your use of the Site and your reliance thereon. No opinion, advice, or statement of FenixWing or its affiliates, suppliers, agents, members, sponsors, information providers, or visitors, whether made on the Site or otherwise, shall create any warranty.
8. Limitation of Liability
Neither FenixWing nor its affiliates and their respective officers, directors, employees, suppliers, advertisers, agents, sponsors, information providers, nor any other third party involved in or related to the making or compiling of the Site are liable for lost profits, lost savings or any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Site and/or any content contained therein, or any product or service used or purchased through FenixWing. Such limitation shall apply regardless of the form of action, even if FenixWing, its information providers, or any other third party involved in or related to the making of compiling of any part of the Site has been advised of or otherwise might have anticipated the possibility of such damages. Your sole remedy for dissatisfaction with the Site is to stop using it. The sole and exclusive maximum liability to FenixWing for all damages, losses and causes of action (whether in contract, tort (including, without limitation, negligence), or otherwise) shall not exceed the total amount paid to us by you if any for access to the Site or any service, during the previous two (2) months prior to bringing the claim. In no event FenixWing, its information providers, or any third party involved in or related to the making or compiling of any of the GICS services (defined below), be liable to you, or any other person, for any direct or indirect damages, including, without limitation, any lost profits, lost savings or other incidental or consequential damages arising out of the use or your inability to use the GICS service.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
As a condition of your use of the Site, you agree to indemnify, defend and hold us, our officers, directors, employees, agents, representatives, information providers, and any other third party involved in or related to the making or compiling of the Site harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the TOU; (b) your use or any third party’s use of, or inability to use, the Site; (c) your violation of the rights of any third party or (d) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these TOU and your use of the Site.
You understand and agree that FenixWing may, under certain circumstances and without prior notice to you, terminate your access to and use of the Site. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities, or (iii) repeat violators of third party copyrights or other intellectual property.
The Site is directed solely to individuals residing in jurisdictions in which the provision of the Site’s content is legal. We make no representation that materials provided on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
Updated: 27 January 2023