Updated: July 15, 2023
The website located at newhedge.io (the “Site”) is a work belonging to Newhedge, Inc. (the “Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms & Conditions.
These Terms & Conditions (the “Terms”) set forth the legally binding terms and conditions that govern your use of the Site. By accessing or using the Site, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). you may not access or use the Site or accept the Terms if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms, do not access and/or use the Site.
Kindly examine our Privacy Notice available at https://newhedge.io/privacy, This notice is an essential component of our Terms & Conditions and is seamlessly integrated into them by reference.
Our Services offer valuable resources such as data, knowledge, tracking, and analytics to assist you in making informed investment and trading decisions regarding digital assets and commodities. As part of these Services, we analyze the activities of our website visitors and Service users. This analysis is done anonymously and in an aggregated manner, allowing us to generate valuable statistics and insights that benefit our users. You can access this information as part of our Services. One of the key aspects of our Services is to ensure that our user community benefits from overall trends within the digital asset space.
1.2.1. Account Creation. In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. The Company may suspend or terminate your Account in accordance with Section 6.
1.2.2. Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
1.3.1. License. Subject to these Terms, the Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use. The license granted to you is strictly personal and non-transferable. It is prohibited to share or transfer your license to any other individuals, including but not limited to co-workers, family members, or similar parties.
Please note that this license does not entail the transfer of any intellectual property rights or other associated rights. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers.
1.3.2. Certain Restrictions. To maintain the integrity and protection of the Service, certain activities are strictly prohibited. These include copying, modifying, or obscuring the content or code of the Service. Commercial use of the content or code, as well as public presentation without authorization, are also not allowed. Additionally, any attempts to decompile or reverse engineer the software on the Website are prohibited. It is essential to adhere to applicable laws and regulations when using or exporting any content from the Service. Reproduction, dissemination, sale, publication, or broadcasting of the Service or its components is strictly prohibited. Removal of copyright or proprietary notices from the content or code is not permitted. Lastly, transferring the content or code to another person and "mirroring" it on another server is explicitly prohibited to ensure compliance and protect the rights associated with the Service.Certain Restrictions. To maintain the integrity and protection of the Service, certain activities are strictly prohibited. These include copying, modifying, or obscuring the content or code of the Service. Commercial use of the content or code, as well as public presentation without authorization, are also not allowed. Additionally, any attempts to decompile or reverse engineer the software on the Website are prohibited. It is essential to adhere to applicable laws and regulations when using or exporting any content from the Service. Reproduction, dissemination, sale, publication, or broadcasting of the Service or its components is strictly prohibited. Removal of copyright or proprietary notices from the content or code is not permitted. Lastly, transferring the content or code to another person and "mirroring" it on another server is explicitly prohibited to ensure compliance and protect the rights associated with the Service.
1.3.3. Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
1.3.4. You acknowledge: It is important to recognize and acknowledge the following:
1.3.5. Feedback. If you provide Company with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.
1.4.1. User Content. “User Content” refers to any information or content that a user submits to or utilizes on the Site, such as content found in the user's profile or postings. It is important to note that you bear full responsibility for your User Content. This includes assuming all associated risks related to its use, including any reliance placed upon its accuracy, completeness, or usefulness by others. Moreover, you acknowledge that the disclosure of User Content, which personally identifies you or a third party, is solely your responsibility. By submitting User Content, you affirm that it adheres to our Acceptable Use Policy and does not violate it. It is strictly prohibited to misrepresent or imply that your User Content is provided, sponsored, or endorsed by the Company. Since you are solely accountable for your User Content, any violations of the Acceptable Use Policy may expose you to potential liability. It is important to note that the Company is not obligated to back up any User Content, and such content may be deleted without prior notice. Therefore, if you wish to retain your User Content, it is your sole responsibility to create and maintain backup copies of it.
1.4.2. License. You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
The following terms constitute our “Acceptable Use Policy”:.
1.5.1. You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable, (iii) that is harmful to minors in any way, or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
1.5.2. Furthermore, you agree to refrain from engaging in the following activities on the Site:
1.5.3. Enforcement. We reserve the right (but have no obligation) to review, refuse and/or remove any User Content in our sole discretion, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.
1.5.4. Indemnification. You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of the Company, and the Company is not responsible for any Third-Party Links & Ads. The Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
Each Site user is solely responsible for any and all of its own User Content. Since we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, suitability, appropriateness, or quality of any User Content. Your interactions with other Site users are solely between you and such users. You agree that the Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
THIS SITE AND THE SERVICE PROVIDED DO NOT OFFER ANY INVESTMENT ADVICE. THE DATA PRESENTED IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON FOR TRADING DECISIONS. WHILE NEWHEDGE MAKES REASONABLE EFFORTS TO PERIODICALLY UPDATE THE INFORMATION PROVIDED ON THE WEBSITE AND THE SERVICE, WE CANNOT GUARANTEE ITS ACCURACY, COMPLETENESS, OR TIMELINESS.
IT IS IMPORTANT TO NOTE THAT NO INVESTMENT DECISION SHOULD BE BASED ON THE INFORMATION CONTAINED ON THE WEBSITE OR THROUGH THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN INVESTMENT DECISIONS. NEWHEDGE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY INJURIES, LOSSES, OR DAMAGES ARISING FROM ANY INVESTMENT DECISION MADE BASED ON THE INFORMATION WE PROVIDE. THE SERVICE DOES NOT CONSTITUTE ANY FORM OF INVESTMENT ADVICE OR RECOMMENDATION, INCLUDING SUGGESTIONS TO "BUY," "SELL," "HOLD," OR ENTER INTO ANY OTHER TRANSACTION INVOLVING DIGITAL ASSETS. THE INFORMATION PROVIDED BY NEWHEDGE IS IMPERSONAL AND NOT TAILORED TO YOUR SPECIFIC NEEDS. WE DO NOT EXPRESS ANY OPINIONS ON THE FUTURE OR EXPECTED VALUE OF ANY CRYPTOCURRENCY OR DIGITAL ASSET, NOR DO WE EXPLICITLY OR IMPLICITLY RECOMMEND ANY INVESTMENT STRATEGY. BY USING THE WEBSITE AND SERVICE, YOU ACKNOWLEDGE THESE DISCLAIMERS.
THE INFORMATION PROVIDED RELATES TO A DYNAMIC AND HIGH-RISK FORM OF CURRENCY, SUBJECT TO CONSTANT CHANGE. CRYPTOCURRENCY IS NOT REGULATED BY A CENTRALIZED AUTHORITY AND IS NOT BACKED BY ANY CORRESPONDING VALUE SUCH AS COMPANY SHARES, RAW MATERIALS, OR GOLD. CONSEQUENTLY, CRYPTOCURRENCY IS A HIGH-RISK INVESTMENT THAT MAY RESULT IN A TOTAL LOSS OF VALUE AND IS SOLELY SUBJECT TO MARKET DYNAMICS AND THE LEVEL OF SUPPLY AND DEMAND. ITS VALUE IS HIGHLY VOLATILE AND SUBJECT TO UNFORESEEABLE CHANGES. UNDER THESE CIRCUMSTANCES, EXERCISING CAUTION, ATTENTION, AND DILIGENCE IS STRONGLY ADVISED WHEN DEALING WITH CRYPTOCURRENCY. BY USING THE WEBSITE AND SERVICE, YOU ACKNOWLEDGE THE AFOREMENTIONED HIGH RISK.
THE SERVICE DOES NOT CONSTITUTE LEGAL OR TAX ADVICE AT ANY TIME. WE DO NOT REVIEW YOUR TAX REPORTS OR ANY INFORMATION YOU SUBMIT, AND THEREFORE CANNOT PROVIDE ANY LEGAL OR TAX ADVICE. FOR SUCH ADVICE, YOU MUST CONSULT A TAX ADVISOR OR OTHER LEGAL PROFESSIONAL. THE FINAL ASSESSMENT OF YOUR TAX REPORTS OR DATA IS THE RESPONSIBILITY OF THE RELEVANT TAX AUTHORITIES AND MAY DIFFER FROM THE REQUIREMENTS AND RESULTS OF THE SERVICE. IT IS YOUR SOLE OBLIGATION TO VERIFY THE COMPLETENESS AND ACCURACY OF ANY TAX REPORTS OR OTHER DOCUMENTS GENERATED THROUGH THE SERVICE BEFORE FURTHER PROCESSING, SUCH AS SENDING, FILING, OR ARCHIVING.
THE SITE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND THE COMPANY (ALONG WITH OUR SUPPLIERS) EXPLICITLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THIS INCLUDES BUT IS NOT LIMITED TO WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) DO NOT GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED TO A DURATION OF 90 DAYS FROM THE DATE OF FIRST USE.
PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SIMILARLY, SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. The Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current email address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
These Terms & Conditions shall be governed by the laws of Delaware, the United States of America without regard to the choice or conflicts of law provisions of any jurisdiction. The courts of Delaware shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms & Conditions, the use of the Site, or the Service.
Any claim under these Terms and Conditions must be filed within one (1) year after the cause of action arises, otherwise, such claim or cause of action is time-barred.
You agree to the admissibility of computer records and electronic evidence in any dispute herein.
These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The Company may freely assign these Terms.