Effective July 27, 2018
Information Sharing and Social Features
You may have the opportunity to share content or information, including, but not limited to, your name, email address, or other information that you provide via the Website or the CE App, with other users of the Website or the CE App. By sharing information or content on the Website or the CE App, you expressly agree to all of the following:
You may be required to create an account to use of the certain parts of the Website or the CE App. When you create an account, you will be required to pick a user name and a password. You may not disclose your user name or password to any third party. If you learn of any unauthorized use of your password or account, please contact us immediately.
The CE App is intended to be a supplement, not a replacement, to your online Constant Account (your “Accounts”). All agreements and disclosures that you have entered into in connection with or that apply to your Account(s) with Constant Energy Capital Management, Inc. and each and every current and future affiliate of Constant Energy Capital Management, Inc., also apply to the CE App and your use thereof.
Use of the Constant App
Constant may offer services to you through the CE App (the “Services”). You acknowledge and understand that certain Services available to you through the CE App, including, but not limited to, your ability to conduct financial transactions or view your account balances, require data access or wireless internet capability. You agree that you are responsible for any such data access or wireless internet charges of your Mobile Device service provider. The CE App is designed to be accessible on multiple types of Mobile Devices and operating systems. Constant does not, however, make any representation or warrant that the CE App will be compatible with your Mobile Device or any specific operating system version of your Mobile Device or any other hardware, software, equipment or device installed on or used in connection with your Mobile Device. You agree that your functional use of the CE App may be affected by or dependent on your wireless connection and speed or your wireless service provider.
The functionality of the CE App could become disabled during times of poor connections or speeds from your wireless or internet service provider while conducting financial transactions, including, but not limited to, when you are attempting to change your portfolio. You agree that it is your responsibility to verify the status of any attempted transaction by reviewing your Account or contacting Constant Customer Support at 1-207-494-5009 or online at www.constant.ai You acknowledge and agree that Constant, and its affiliates, agents and licensors, shall have no liability to you for any losses, financial or otherwise, suffered by you arising out of or resulting from compatibility or inoperability problems or the failure of or your failure to confirm any attempted transaction.
Changes and Modifications
Constant does not warrant the accuracy, adequacy or completeness of the information provided on the Website or CE App and expressly disclaims liability for any errors or omissions in such information. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information. Calculators and tools on the Website or CE App provide you with ESTIMATES that may be different than actual amounts.
Use of Personal Data
Constant and its subsidiaries use third party service providers to retrieve certain personal data from non-affiliated financial institutions which hold accounts on your behalf. These service providers retrieve financial information such as holdings, balances and transactions. Constant Energy Capital and its subsidiaries use this personal data for our business purposes in a manner that is consistent with our Privacy Statement.
Constant and its subsidiaries may use your personal data, user data and other information collected through the Website or CE App to help us improve the content and functionality of the Website or CE App, to better understand our customers and markets, to improve our products and services and to effect and facilitate sales.
Constant and its subsidiaries may use this information to contact you, electronically, through telemarketing or otherwise, in the future to tell you about, and to offer for sale, products or services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to “opt out” of receiving future communications.
Push Notifications (“Alerts”)
The information in any Alert may be subject to certain delays. Each Alert may not be encrypted, and may include your name and information pertaining to your account(s). Constant may terminate your use of Alerts at any time without notice. You may choose to discontinue receiving Alerts by updating your CE App Notifications preferences.
You agree that Constant and our agents, representatives, affiliates or anyone calling on our behalf may contact you on a recorded line.
Limitation of Liability
You agree that all access and use of the Website, the CE App and their contents is at your own risk. In no event shall Constant be held liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Website or the CE App or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Constant or representatives thereof, are advised of the possibility of such damages, losses or expenses.
CE App End-User License
License Grant and Restrictions on Use
You agree that you shall not (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the CE App; (ii) make any modification, adaptation, improvement, enhancement, translation, copy or derivative work from the CE App; (iii) violate any applicable laws, rules or regulations in connection with your access or use of the CE App; (iv) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Constant or its affiliates, partners, suppliers or the licensors of the CE App; or (iv) create, design, engineer or use any “bot” or other technology in connection with the CE App.
Intellectual Property Rights of the CE App
You acknowledge and agree that the CE App and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are owned by Constant or its affiliates, agents or licensors, as applicable. All rights, title and interest in and to the CE App are reserved by Constant and its affiliates, agents or licensors, as applicable. All trademarks (including logos, service marks, trade names and icons), copyrights, patents, trade secrets, content, publicity rights and other intellectual property (collectively, the “Intellectual Property”) are proprietary to Constant, its affiliates, agents or licensors. You may not remove any proprietary notices, including, but not limited to, copyright and trademark notices, from the CE App or alter, obscure or modify such notices in any way. Except as expressly stated in this license, you are not granted any intellectual property rights in or to the CE App by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by Constant.
You acknowledge and agree that, in the event of a third-party claim that the application infringes any third party’s intellectual property rights caused by or arising out of your use of the CE App, you (and not Constant or any third-party Mobile Device service provider or App Venue) shall be solely responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claim or suit, any third-party claims or any other harm or damages caused by, arising out of or resulting from your use of or access to the CE App. You hereby release Constant and its employees, officers, directors, affiliates, agents and licensors from any and all liability caused by, arising out of or resulting from your use of the CE App or the Services, including from product liability claims or any claim that the CE App fails to conform to any legal or regulatory requirement. You will, however, promptly notify Constant in writing of any such claim.
Because Constant values the protection of its intellectual property, it seeks to respect other individual’s intellectual property rights. If you believe that material on our CE App violates your copyright, please notify us at email@example.com. Constant will respond to all copyright infringement notices that it receives and respond appropriately by removing infringing material if necessary. If a member repeatedly infringes upon copyrights, his or her account may be subject to termination at Constant’s discretion.
You may not rent, lease, lend, sublicense or transfer the Application, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.
You shall indemnify, defend and hold harmless Constant and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) your access to or use of the CE App; (ii) your breach of this License; (iii) your violation of law in connection with this License; (iv) your negligence or willful misconduct in connection with this License; or (v) your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the License.
You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction(s) in which the Application was obtained. You represent and warrant that you are not (x) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, or (y) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You also agree that you will not use the Application for any purposes prohibited by United States law.
This License shall be effective until terminated.
Constant may, in its sole and absolute discretion, at any time and for any or no reason and with or without prior notice, suspend or terminate this License and the rights afforded to you hereunder. Furthermore, if you fail to comply with any terms and conditions of this License, then this License and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by Constant. Upon the termination of this License, you shall cease all use of the Application and uninstall the Application.
COPYRIGHT © Constant Energy Capital Management, Inc. ALL RIGHTS RESERVED.
Constant owns the copyright in all of the information and material contained in this Website and the CE App. The contents of the website, including its “look and feel” (e.g., text, graphics, images, logos, and button icons), editorial content, notices, software (including html-based computer programs), and other material are protected under both United States and foreign copyright, patent, trademark, and other laws. Your right to use the Website and the CE App is personal to you. You agree not to reproduce, duplicate, copy, sell, resell, use or exploit for any commercial purposes, the Website or the CE App, or use of or access to the Website or the CE App, or any information or technology obtained from the Website or the CE App, including, but not limited to, Constant’s trademarks. If you believe that any material on this Website or the CE App, including any material posted by members, violates your copyright, please notify us at firstname.lastname@example.org. Constant will respond to all copyright infringement notices that it receives and respond appropriately by removing infringing material if necessary.