Terms of Use

Thanks for using coreFenix.

Please read these Terms carefully. By using coreFenix or signing up for an account, you’re agreeing to these Terms. This is a legal agreement.

coreFenix (“coreFenix” or the “Service”) is a Beta state high performance software service offered through the URL www.coreFenix.com (we’ll refer to it as the “Website”) that allows you to create, analyze and query stock market data. coreFenix is owned and operated by coreFenix LLC, a Michigan limited liability corporation (“coreFenix,” “we,” or “us”). coreFenix has employees, independent contractors, and representatives ("our Team"). As a customer of the Service or a representative of an entity that’s a customer of the Service, you're a “Member” according to this agreement (or “you”). These Terms of Use (“Terms,” including our Privacy Policy) define the terms and conditions under which you’re allowed to use coreFenix and how we’ll treat your account while you’re a Member. If you have any questions about our terms, feel free to contact us at [email protected]

ACCOUNT

1. Eligibility

In order to use coreFenix, you must:

  1. complete the registration process;
  2. agree to the Terms by confirming your email address; and
  3. provide complete, and up to date contact information.

 

2. Term

The Term begins when you sign up for coreFenix and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for coreFenix on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

3. Closing Your Account

You or coreFenix may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause.

 

4. Changes

We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. The new Terms will be effective immediately and apply to any continued or new use of coreFenix. We may change the Website, the Service, or any features of the Service at any time.

5. Account and Password

You’re responsible for keeping your account name and password confidential. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password as it encrypted, and for security reasons, only you may reset your password.  We will not assign your account to someone else claiming ownership, communication will only be via the email on record for the account.

PAYMENT

6. Status

We currently do not charge for our services.  However, in the future we may or may not change for this service.  If we change this status we will post a new cost structure on our Website and email you.

 

RIGHTS

7. Proprietary Rights Owned by Us

You shall respect our proprietary rights in the Website and the software used to provide coreFenix services (proprietary rights include patents, trademarks, service marks, and copyrights).

 

8. Privacy Policy

We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

 

9. Right to Review Data

We may internally review portfolio data, access information and patterns to improve our services.   

10. Resource Management/Throttling

We may adjust the priority of transaction and analysis requests from time to time.  This may be done to improve response times for all users. 

 

LIABILITY

We have to be honest in this section.  We are a beta product and as such, our service might be unavailable from time to time.  In fact, while we have done extensive auditing of our algorithms, simulations, and mathematics used, a mistake may occur that effects the results we display or we may have imported a few bad pieces of data that effect the outcomes we compute.  Please be aware of this, thanks.

11. Limitation of Liability

This service is a beta product.  To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability would normally be limited to a portion of your monthly payment, but we don’t charge anything currently.

 

12. No Warranties

To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.

 

13. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren’t allowed under these Terms due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

14. Attorney Fees

If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.

15. Subpoena Fees

If we have to provide information in response to a subpoena  related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

16. Disclaimers

We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.

FINE PRINT

17. Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

18. Choice of Law

The State of Michigan’s laws, except for conflict of laws rules, will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the state and federal courts in Kent County, Michigan, and each party will be subject to the jurisdiction of those courts.

19. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, blizzards on Maui, or hurricanes over Lake Michigan, and acts of hackers or third-party internet service providers.

20. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

21. Severability

If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

22. Interpretation

The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.

23. Amendments and Waiver

Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. Additional terms may apply to certain features of the Service (the "Additional Terms"). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

24. No Changes in Terms at Request of Member

Because we have many Members, we can’t change these Terms for any one Member or group. If we did that, keeping up with the changes would be a logistical nightmare. So no changes, no exceptions.

25. Further Actions

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

26. Notification of Security Breach

In the event of a security breach that may affect you, we will notify you of the breach and provide a description of what happened.

27. Notices

Any notice to you will be effective when we send it to your email address you gave us when you signed up. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: coreFenix, Attn: Legal, 6500 E. Fulton, Ada, MI, 49301, USA or a more recent address on our Website.

28. Entire Agreement

These Terms, our Privacy Policy, and any Additional Terms you’ve agreed to make up the entire agreement and supersede all prior agreements, representations, and understandings.

That’s it, thanks for reading this.   –coreFenix.   Seriously, if you’ve read this send us a note at [email protected]