indiePlanet Global - Terms of Use
Please carefully read these Website Terms of Use (“Terms of Use”) for Indie
Planet Global before accessing indieplanetglobal.com at this moment
referred to as the “Website”). By browsing, accessing, or otherwise using the
Website, you agree to accept these Terms of Use.
Your visit to the Website includes, but is not limited to, all images, text,
illustrations, designs, icons, photographs, programs, music clips, downloads,
systems and methods of trading, video clips, graphics, user interfaces, visual
interfaces, information, data, tools, products, written materials, services,
design, structure, selection, coordination, expression content, information,
design, marks and layout therein, including but not limited to the design,
construction, selection, coordination, expression, and arrangement of any of
the preceding available on or through the Website, together (the “Content”), is
subject to these Terms of Use, our Privacy Policy and our Cookies Policy, which
we may update at any time without notice to you. If we update our Terms of Use,
we will post the revised Terms of Use on the Website. Any such changes will be
effective upon posting. If you do not agree with these Terms of Use, you should
not use the Website and agree that your sole and exclusive remedy is to
discontinue using the Website. The Website is not designed for use by minors,
and minors should not provide personal information through this Website.
Nothing in these Terms of Use is meant to change any other written agreement
you may have with Indie Planet Global (if any) that may be in effect.
Additional terms and conditions of use may apply to password-restricted areas
of the Website.
For these Terms of Use, “INDIE PLANET GLOBAL,” “we,” and “us” means the Indie
Planet Global entity which controls this Website, and the “User” means any
person accessing the Website. The websites of other Indie Planet Global
affiliates are governed by separate terms of use.
Any disputes between you and Indie Planet Global, in connection with these
Terms of Use, may be resolved in arbitration or small claims court, subject to
applicable law.
Use of the Website and Content
I want you to know that you are responsible for using the Website and the
Content. Please ensure that nothing you do while accessing the Website will
damage the Website or otherwise violate these Terms of Use.
The Website, including the Content, is the property of Indie Planet Global
affiliates, or Indie Planet Global service providers and is subject to
copyright, trademark, and other laws. To the extent explicitly permitted here, Indie
Planet Global grants you a limited, revocable, non-exclusive, and
non-transferable personal right to view, download and print pages from the
Website solely for your personal and non-commercial use. This right will
terminate immediately after you use the Website or Content. Because of the
above, no intellectual property rights regarding the Website or Content are
granted or extended due to Indie Planet Global making the Website available. So
that you know, all rights not explicitly granted to you in these Terms of Use
are reserved.
You may not (and may not encourage or assist others) to:
(i) reproduce, republish, distribute, exploit commercially, use, or modify
without Indie Planet Global’s express written consent, the Website or Content;
(ii) access, copy, or download the Website or Content using automated
methods, including but not limited to “web scraping” or “bots,” “robots” or
“spiders” that “harvest” the Website or Content, interfere with the functioning
of the Website or Content or restrict or inhibit any others from using the
Website or Content;
(iii) use any trademark, service mark, or logo of Indie Planet Global
or any third party that appears on the Website without prior written consent or
remove or obscure any copyright or other notices contained in the Website or
the Content;
(iv) if you link other websites to the Website, imply or suggest that Indie
Planet Global has endorsed or is affiliated with such websites, and you may not
display the Website as “framed” or “mirrored” within another website;
(v) delete, decompose, decompile, reverse engineer, disassemble, or
otherwise deconstruct all or any portion of the Website or Content or any of
the Website’s source code or software;
(vi) transmit any virus, worm, time bomb, or similar system interference
through the Website;
(vii) violate these Terms of Use, the Privacy Policy or Cookies Policy or
any law, regulation, rule or intellectual property or contractual rights of
others, or attempt to violate the security of the Website, including trying to
gain unauthorized access to Content or use or gain access to the identities,
information or computers of others through the Website;
(viii) impersonate any person or entity or create a user account for anyone
other than yourself or create another user account without permission if Indie
Planet Global has suspended or terminated your user account; or
(ix) use any hidden text or metatags using “Indie Planet Global ” on a
website or content published on a website or otherwise.
Indie Planet Global has the right (but not the obligation) to monitor the
Website for any unauthorized or objectionable conduct and to take all
appropriate actions without letting you know. We may revoke your right to use
all or any portion of the Website or Content at any time. Indie Planet Global
may investigate any complaint regarding a suspected violation of these Terms of
Use and report any activity relating to the Website or Content to regulators,
law enforcement officials, or other persons or entities deemed appropriate.
The Website or any part of the Website may be periodically unavailable, and
Content may be removed or modified at any time without notice. Indie Planet
Global may, in its sole discretion, restrict, suspend or cancel access to
or use of the Website for all or any one or number of Users. Users will have no
right to compensation or another remedy for being unable to access the Website.
Restricted Access
The Website is operated and controlled by us in the United States. Access to
the Website from countries or territories where such access is illegal is
prohibited. Indie Planet Global makes no representations that the transactions,
financial or investment products, securities, and other services (“Products or
Services”) discussed on or accessible through the Website are available or
appropriate for sale or use in all jurisdictions or by all Users. Those who
access the Website do so on their own initiative and are responsible for
compliance with local laws, rules and regulations.
Website Disclaimers and Limitations of Liability
Users agree to bear all risks associated with using the Website and Content,
including any reliance on the availability, accuracy, completeness, time,
holiness, usefulness, or appropriateness of the Website or Content. Subject to
any applicable law that cannot be excluded, the Website and Content are
provided “as is” and “as available” without any representation, warranty or
condition. No reliance should be placed on any information on the Website or
the Content. You agree that Indie Planet Global is not liable for any action
you take, omission, or decision you make in reliance on the Website or the
Content, subject to applicable law.
The Content and the Website are for informational purposes only. They are
not investment, professional, legal, or other advice, nor will they be relied
upon to make an investment or other decisions. The Website and Content are not
an offer to sell or a solicitation of an offer to buy and do not constitute an
invitation or inducement of any sort to any person.
Certain information on the Website and in the Content may constitute
“forward-looking statements” as defined in applicable securities laws.
Forward-looking statements include predictive statements, depend upon or refer
to future events or conditions, and include statements regarding Indie Planet
Global’s competitive strengths, goals, expansion, growth, future success,
operations, business, financial situation, expected financial results,
performance, prospects, opportunities, priorities, targets, goals, ongoing
objectives, strategies, and outlook. Words such as “anticipate,” “estimate,”
“expect,” “project,” “intend,” “plan,” and “believe” are intended to identify
forward-looking statements. No reliance should be placed on forward-looking
statements because they involve known and unknown risks, uncertainties, and
other factors which may cause the actual results, performance, or achievements
of Indie Planet Global to differ materially. Except as required by law, Indie
Planet Global undertakes no obligation to update or revise statements or
information on the Website or in Content.
Any transactions described on the Website or in any Content as having been
engaged in by Indie Planet Global, are included as representative transactions
for illustrative purposes only. I cannot tell you anything that comparable
results or any target returns shown on the Website or in Content will be
achieved. Past performance is not indicative of future results.
You agree that to the maximum extent permitted by applicable law, in no
event shall you seek to hold Indie Planet Global, its affiliates, and their
respective officers, directors, managers, partners, members, shareholders,
employees, and agents (“Affiliates”), liable and in no event shall Indie Planet
Global or its Affiliates be liable to any party, whether in contract, tort
(including negligence) or otherwise, for damages (including direct, indirect,
incidental, consequential, special, punitive, exemplary and aggravated damages
and damages for loss of use, profits or revenue) or any other remedy relating
to the access, use, inability to use, availability of the Website or the
Content, irrespective of whether Indie Planet Global has been advised of
the possibility of such damages and/or losses.
The liability of Indie Planet Global and/or its Affiliates for breach of any
condition, guarantee, or warranty implied by statute that cannot be excluded is
limited to the maximum extent permitted by law at Indie Planet Global option to
the re-supply of goods or services, or the payment of the costs of having goods
or services re-supplied.
Indemnification
You agree that a condition of your use of the Website and Content is that
you indemnify Indie Planet Global, its Affiliates and their respective
representatives harmless against any and all liabilities, losses, damages,
suits, claims, demands, costs (including court costs and legal fees), fines and
actions of any kind or nature suffered as a result of your use of the Website
or Content, your breach, violation or non-performance of any term or condition
of these Terms of Use, or your violation of any third party’s rights relating
to the Website or Content.
Linked Websites
The Website may contain links to other websites. We are not responsible for
the content, security or privacy practices of other websites and we do not
endorse other websites or their content by virtue of linking to them from the
Website. You should review the terms of use and privacy policies of any third
party website that you visit.
Password Protected Links
Some pages on the Website are available only to clients with registered
accounts and log-on credentials. You are responsible for the confidentiality of
your log-on credentials and account information and for all actions taken on
the Website while logged on with your credentials. You should not disclose your
log-on credentials or account information and choose a unique password. If you
suspect your login credentials have been compromised, please notify us
immediately using the support contact information provided on the relevant
account log-on page. Indie Planet Global reserves the right to suspend or
cancel Website accounts and log-on credentials at any time, for any or no,
reason, and without notice.
Pages on the Website are accessible only via registered accounts and with log-on
credentials are only available to institutional or professional Users. By
accessing such pages, Users will be deemed to have confirmed that they meet the
criteria for this classification. Such confirmation will be treated by Indie
Planet Global as the User’s acceptance that they understand the type of these
Terms of Use as applicable under the regulatory regime of their country of
residence.
User Content
Third parties can intercept electronic communications and electronic mail,
and other transmissions to and from the Website, and Indie Planet Global
may not be secure. Any communications to Indie Planet Global should be sent to
the contact information provided in the “Contact Us” section of the Website.
You are responsible for any content that you post on the Website or submit to
us via contact forms on the Website, email, social media accounts, or
otherwise, including your feedback, comments, questions, ideas, suggestions,
survey responses, or other information or materials (“User Content”). You now
represent and warrant that any User Content you submit to us is either your
original content or that you have obtained all necessary rights to your User
Content, including the right to authorize us to use your User Content as
outlined in these Terms of Use. By submitting any User Content, you now grant
Brookfield an irrevocable, perpetual, worldwide, non-exclusive, transferable,
royalty-free, fully paid-up, sub-licensable license to use, display, reproduce,
publish, transmit, store, modify, and create derivative works of your User
Content.
Pages on the Website are accessible only via registered accounts and with
log-on credentials are only available to institutional or professional Users.
By accessing such pages, Users will be deemed to have confirmed that they meet
the criteria for this classification. Such confirmation will be treated by Indie
Planet Global as the User’s acceptance that they understand the classification
of these Terms of Use as applicable under the regulatory regime of their
country of residence.
Material Interests
Any part of Indie Planet Global and its Affiliates may have or have had an
interest or holding, relationship, or another arrangement with the Products or
Services, which may be material; I want to point out that potential investors
should refer to the applicable offering documents for any Product or Service,
particularly the potential conflicts of interest discussed the Website that is
accessible only via registered accounts and with log-on credentials that are
only available to institutional or professional Users. By accessing such pages,
Users will be deemed to have confirmed that they meet the criteria for this
classification. Such confirmation will be treated by Indie Planet Global as the
User’s acceptance that they understand the classification of these Terms of Use
as applicable under the regulatory regime of their country of residence.
Notice to California Residents
Under California Civil Code Section 1789.3, you may contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202,
Sacramento, California 95834, or by telephone at (800) 952-5210 in order to
resolve a complaint regarding the service or to receive further information
regarding use of the service.
Dispute Resolution by Binding Arbitration
Subject to applicable law, in the interest of resolving disputes between you
and Indie Planet Global, you agree that Indie Planet Global may, at its sole
discretion, require that a dispute arising out of or in connection with these
Terms of Use or your use of the Website or Content shall be resolved through
binding arbitration or small claims court, at Indie Planet Global option,
instead of in courts of general jurisdiction. Arbitration is more informal than
a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or
jury, allows for more limited discovery than in court, and is subject to
minimal review by courts. Arbitrators can award the same damages and relief
that a court can award. Any arbitration under these Terms of Use will occur
individually; class arbitrations and class actions are not permitted. You
acknowledge and agree that the arbitrator may award relief (including monetary,
injunctive, and declaratory relief) only in favor of the individual party
seeking relief and only to the extent necessary to provide relief necessitated
by that particular party’s claim(s). Any relief awarded cannot affect other
Users.
Governing Law
Subject to the Disputes Resolution by Binding Arbitration section above,
these Terms of Use and the rights and obligations of any recipient or viewer of
the Website or the Content (and any person that they represent) arising out of
or in connection with the Website or the Content, whether contractual,
non-contractual, pre-contractual or otherwise, are governed by the laws of the
State of New York and any disputes arising out of or in connection with the
preceding shall be subject to the exclusive jurisdiction of the state or
federal courts located in New York City. I just wanted to let you know that you
agree to waive trial by jury in any such action.
No waiver by Indie Planet Global or any of its Affiliates of any right under
or term or provision of these Terms of Use will be deemed a waiver of any other
right, term, or provision of these Terms of Use. If any provision of these
Terms of Use shall be deemed unlawful, void or for any reason unenforceable,
then that provision shall be deemed severable from these Terms of Use and shall
not affect the validity and enforceability of any remaining provisions.
You should be aware that any rules and/or regulations applicable to the
provision of financial services (and the resultant investor protection benefits
that may be available), may not be relevant to interfacing conducted through
the internet and its various applications, of which this material forms part.
If you have any questions about this privacy statement, the practices of
this site, or your dealings with this website, you can contact us by writing
to:
Indie Planet Global
1000 5th St. Ste 200-H8 Miami Beach, Florida 33139
info@indieplanetglobal.com
Effective as of January 1, 2023