Last updated: June 18, 2023
These Terms of Service (“Terms”) apply when you access or use the websites (collectively, the “Site”) of The DeFi Edge, inc. (“The DeFi Edge,” “we,” “us” or “our”), and the services, content, and materials made available through the Site and/or email newsletter (collectively, the “Services”). These Terms do not alter the terms or conditions of any other agreement you may have with us for products, services, or otherwise.
We reserve the right to change these Terms at any time and in our sole discretion. We will provide notice of any changes we make to these Terms. Your continued use of the Services following our notice of the amended Terms will confirm your acceptance of the amended Terms.
BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.
- Terms of Sale
Access to certain materials, videos, and other content on the Services may be made available for purchase (“Premium Services”). Your payment for access to any Premium Services is subject to the following terms:
- Price: The price for any Premium Services will be made available via the Services at the time of purchase. You may pay for access to the Premium Services in full at the time of your purchase or under any installment payment plan that we make available.
- Installment Payment Plans: If you select an installment payment plan, you permit us to automatically charge the applicable Premium Services fee to your designated payment method at the beginning of each applicable payment period until all payments have been completed. If you select an installment payment plan, you agree to keep your designated payment method information, including all billing information, current, complete, and accurate.
- Valid Payment Methods: Only valid payment methods acceptable to us, or our designated payment processors, may be used to purchase access to our Premium Services. By submitting your order to purchase access to our Premium Services, you represent and warrant that you are authorized to use your designated payment method and authorize us, or our designated payment processors, to charge your purchase to that method. If your payment method cannot be verified or is invalid, your order may be suspended or canceled automatically. You must resolve any problem we, or our designated payment processors, encounter to proceed with your order.
- Refunds: Please consult the applicable refund policy for information regarding any refunds that may be available for any Premium Services. To be eligible for a refund, you must make a refund request to firstname.lastname@example.org within the applicable time period set in such refund policy.
- Failure to Pay: A failure to pay an installment payment related to any of the Premium Services may result in the immediate suspension or termination of the applicable Premium Services. If your access is suspended or terminated for a failure to pay, you will not receive any refund except at our sole discretion.
- Errors in Charges: In the event of an error that results in an incorrect charge, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any erroneous amount charged.
- Access to Services: Upon payment in full for a Premium Service advertised as “lifetime access,” you will receive access to that service that you purchased for the duration of the time The DeFi Edge operates the Site or your specific Premium Service. We reserve the right to discontinue Premium Services and adjust the Site and Services at our sole discretion, so, where available, download any material you want to keep since you’ll no longer have access to it after it ends.
- Copyright and Limited License
Unless otherwise indicated, the Services, including all content, video, and other materials on or made available through the Services, are the proprietary property of The DeFi Edge and its licensors and are protected by U.S. and international copyright laws. Any use, copying, redistribution, and/or publication of any part of the Services, other than as authorized by these Terms or expressly authorized in writing by us, is strictly prohibited.
In addition, the look and feel of the Services, including all page headers, custom graphics, button icons, and scripts, is the proprietary property of The DeFi Edge and may not be copied, imitated, or used, in whole or in part, without our prior written permission. You do not acquire any ownership rights to any content, video, and other materials on or made available via the Services, and we reserve all rights not expressly granted in these Terms.
You are granted a limited, non-transferable, non-exclusive, revocable right to access and use the Services solely for your own personal purposes; provided, however, that such right is subject to these Terms and does not include:
- reselling, leasing, renting, or sublicensing any Services or any access to the Services or any content, video, and other materials on or made available through the Services;
- copying, distributing, publicly performing, or publicly displaying any Services or any content, video, and other materials on or made available through the Services;
- modifying or otherwise making any derivative uses of any Services or any content, video, and other materials on or made available through the Services;
- downloading (other than page caching) any content, video, and other materials on or made available through the Services, except as expressly permitted in connection with the Services;
- Using the Services or any content, video, and other materials on or made available through the Services other than for their intended purposes.
Except as explicitly stated, nothing in these Terms shall be construed as conferring any license to intellectual property rights.
The DeFi Edge, all Premium Services names, The DeFi Edge logos, the look and feel of the Services, and any other product or service name, logo, or slogan contained in the Services are trademarks, service marks, and/or trade dress of The DeFi Edge or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without our prior written authorization. Any authorized use of such trademarks, service marks, and/or trade dress must be in accordance with any guidelines provided by us.
- Confidential Information and Non-Disclosure.
You acknowledge that certain content, videos, and other materials made available via the Services constitute Confidential Information of The DeFi Edge. “Confidential Information” refers to information that is marked as “Confidential” or “Proprietary” that we reasonably regard as confidential or proprietary relating to our courses, business, products, processes, and techniques, including without limitation information relating to our trade secrets, business plans, strategies, methods and/or practices that are not generally known to the public and is disclosed to you pursuant to your express agreement to maintain the confidentiality of the Confidential Information.
You agree to hold in confidence and not disclose any such Confidential Information except following our prior written agreement. Any unauthorized disclosure of our Confidential Information may cause immediate and irreparable injury to us and in the event of such breach, we will be entitled, in addition to any other available remedies, to immediate injunctive and other equitable relief, without the necessity of showing actual monetary damages.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray The DeFi Edge or the Services in a false, misleading, derogatory, or otherwise defamatory manner and provided further that the linking website does not contain any illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use The DeFi Edge logo or other proprietary graphics of The DeFi Edge to link to the Site without our express written permission.
- User Content
The Services may include discussion forums or other interactive features or areas (collectively, “Interactive Areas”), in which you or other users create, post, transmit or store any content on the Services, such as text, photos, audio, video, or graphics (“User Content”). You agree that you are solely responsible for your User Content and for your use of the Interactive Areas, and that you use the Interactive Areas at your own risk.
By submitting or posting User Content, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, publish, translate, create derivative works from, distribute, and display such User Content via the Services and any other medium. Further, you acknowledge and agree we may enforce our rights in the User Content against third-party infringers. You represent and warrant that you own and control all of the rights, title, and interest to any User Content.
You agree not to post, upload to, distribute, store, create, or otherwise publish any User Content that:
- is unlawful, defamatory, obscene, pornographic, harassing, threatening, abusive, fraudulent, or otherwise objectionable;
- would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or would otherwise create liability or violate any law;
- displays, describes, or encourages usage of our Services in a manner that could be offensive, inappropriate, or harmful to The DeFi Edge or any user;
- may violate the publicity, privacy, or data protection rights of others, including pictures or information about another individual where you have not obtained such individual’s consent;
- makes false or misleading statements, claims, or depictions about a person, company, product, or service;
- may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
- impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- contains viruses, malware, corrupted data, or other disruptive, or destructive files or code; and
- in the sole judgment of The DeFi Edge, restricts or inhibits any other person from using or enjoying the Services or which may expose The DeFi Edge or its users to any harm or liability.
We have no responsibility and assume no liability for any User Content posted, stored, or uploaded by you or any third party or for any loss or damage, nor will we be liable for any mistakes, defamation, slander, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Enforcement of the Terms is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances.
Although we have no obligation to screen, edit or monitor any of the User Content posted on the Services, we reserve the right and have discretion, to remove, screen, or edit any User Content posted or stored on the Services at any time and for any reason without notice, You are solely responsible for creating backup copies and replacing any User Content you post or store on the Services.
You may submit questions, comments, suggestions, creative materials, or other information, about the Services or The DeFi Edge (“Feedback”). Feedback is non-confidential and shall become the sole property of The DeFi Edge. We shall own, and you hereby assign to us, all rights, titles, and interest, including all intellectual property rights, in and to such Feedback and we shall be entitled to the unrestricted use and dissemination of any Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- User Conduct
You agree that you will not use the Services in violation of any law, contract or intellectual property, or other third-party right. You further agree not to:
- use the Services in any manner that could damage, disable, overburden, or impair the Services;
- send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Services to send commercial emails;
- use any web crawler, scraper, or other automated means not provided by us to access the Services or to extract data;
- introduce to the Services any virus, trojan worms, logic bombs, or other harmful material;
- circumvent measures employed to prevent or limit access to any area, content, or feature of the Services;
- engage in any harassing, intimidating, predatory, or stalking conduct;
- develop any third-party applications that interact with User Content and the Services; or
- “Frame” our Services or otherwise make it look like you have a relationship with us or that we have endorsed you for any purpose without our prior written permission.
- Repeat Infringer Policy
Under the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we may terminate, in appropriate circumstances and at our sole discretion, the access and use of users who are deemed to be repeat infringers. The DeFi Edge may also at its sole discretion limit access to the Services and of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
- Copyright Complaints
If you believe that anything on the Services infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent, here. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
- Third-Party Content, Advertisements, and Promotions
We may provide third-party content on the Services, including without limitation advertisements and promotional offers, and may provide links, affiliate or otherwise, to web pages and content of third parties (collectively the “Third-Party Content”). We do not control, endorse or adopt any Third-Party Content and make no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that we are not responsible or liable in any manner for any Third-Party Content and undertake no responsibility to update or review any Third-Party Content. Your use of any Third-Party Content is at your own risk.
Unless explicitly disclosed, the inclusion of Third-Party Content on the Services does not imply affiliation, endorsement, or adoption by us of any Third-Party Content. Your business dealings or correspondence with, or participation in the promotional offers of any third party responsible for Third-Party Content, and any terms, conditions, warranties, or representations associated with such dealings or promotional offers, are solely between you and such third party. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the Services.
You agree to defend, indemnify and hold harmless The DeFi Edge, our managers, members, affiliates, agents, directors, employees, independent contractors, licensors, service providers, and consultants (collectively, “The DeFi Edge Parties”) from and against any claims, damages, costs, liabilities, and expenses arising out of or related to (a) your use of the Services, (b) any Feedback you provide, (c) your breach of any of these Terms, or (d) your violation of the rights of any third party.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL THE DEFI EDGE PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM INFORMATION CONTAINED IN THE SERVICES, THE GOODS OR USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL THE DEFI EDGE BE RESPONSIBLE FOR ANY INVESTMENT OR FINANCIAL-RELATED DECISIONS YOU MAKE AS A RESULT OF ANY INFORMATION IN THE SERVICES. FURTHERMORE, UNDER NO CIRCUMSTANCES WILL THE DEFI EDGE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR THE INFORMATION CONTAINED THEREIN.
YOU ACKNOWLEDGE AND AGREE THAT THE DEFI EDGE HAS OFFERED THE SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY OUTLINED IN THESE TERMS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE DEFI EDGE. WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
- Modifications to the Services
We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that The DeFi Edge will not be liable for any modification, suspension, or discontinuance of the Services or any part thereof.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH THE DEFI EDGE AND LIMITS HOW YOU CAN SEEK RELIEF FROM THE DEFI EDGE.
16.1. Binding Arbitration
You and we agree that any dispute arising out of or relating to these Terms or the Services, including, without limitation, federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation, or any other legal theory, shall be resolved through binding arbitration on an individual basis. Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class and non-representative) basis. Arbitration shall be conducted following the American Arbitration Association’s rules for the arbitration of consumer-related disputes.
16.2. No Class Arbitrations, Class Actions, or Representative Actions
You and we agree that any dispute arising out of or relating to these Terms or the Services is personal to you and The DeFi Edge and that such dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. You and we agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, you and we agree that a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration or on behalf of any other individual or group of individuals.
16.3. Notice; Informal Dispute Resolution
You and we agree that each party will notify the other party in writing of any arbitrable or small claims dispute within thirty (30) days of the date it arises so that the parties can attempt in good faith to resolve the dispute informally. Your notice must include (a) your name, postal address, telephone number, the email address you provided to us and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically and will include (x) our name, postal address, telephone number, and an email address at which we can be contacted with respect to the dispute, (y) a description in reasonable detail of the nature or basis of the dispute, and (z) the specific relief that we are seeking. If you and we cannot agree on how to resolve the dispute within thirty (30) days after the date notice is received by the applicable party, then either you or we may commence an arbitration process.
You and we agree that any dispute must be commenced or filed by you or us within one (1) year of the date the dispute arose, otherwise, the underlying claim is permanently barred (which means that you and we will no longer have the right to assert such claim regarding the dispute). You and we agree that arbitration will be conducted by a single, neutral arbitrator and shall take place in a mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award and the arbitral decision may be enforced in any court. An arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. Hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings.
- Governing Law and Jurisdiction
These Terms will be governed by the laws of the State of New York, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You and The DeFi Edge agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in New York City, New York, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.