We (the folks at Aiolux) operate an online financial information platform called Aiolux.com and we would love for you to use it. Aiolux.com’s basic service is free, and we offer paid upgrades for advanced features. All financial and analytics data is provided on an as-is basis and may contain errors despite our best efforts. You understand that past performance is often not indicative of future results. You are responsible for any financial decisions utilizing information obtained through our service. You are also responsible for any content that you publish/communicate with others on our platform. You must ensure that none of the prohibited items (like spam, viruses or serious threats of violence) appear in what you control (i.e. content you post or link to in profiles etc.)
If you find content that you believe violates these Terms of Service, please email legal[at]Aiolux.com
The following terms and conditions (“Terms”) govern all use of the Aiolux.com website and all content, services, and products available at or through the website. Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy) and procedures that may be published from time to time by Aiolux (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades. Your agreement is with AIOLUX LLC (referred here as “Aiolux” or "Aiolux.com" or “we” or "us").
THESE TERMS OF USE CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST AIOLUX ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you are acting on behalf of a business entity, you bind yourself as well as the business entity to all the terms and conditions here. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Aiolux, acceptance is expressly limited to these Terms.
Our Services are not directed to children younger than 18, and access and use of our Services is only offered to users 18 years of age or older. If you are under 18 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older
Use of our Services requires a Aiolux.com account. You agree to provide us with complete and accurate information when you register for an account. This includes email address and phone number among other information. You consent to be contacted by us using your registered email in connection with your use of our services (refer to the user settings for customization of applicable notifications). If you are representing any entity other than yourself, you must have authorization to do so before registering here. You will be solely responsible and liable for any activity that occurs under your username.
You are responsible for keeping your password secure (passwords are stored in encrypted format and are not visible to us). While using Aiolux.com, you are responsible for maintaining the security of your account, postings, communications and applications. You are fully responsible for all activities that occur under the account and any other actions taken in connection with the platform. You must immediately notify Aiolux of any unauthorized uses of your account, or any other breaches of security. Aiolux will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Aiolux has not reviewed, and cannot review, all of the material, including financial data, analytics (calculations and other information derived from financial data), computer software, posted on or linked from our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Aiolux does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are also responsible for taking precautions as necessary to protect yourself from any harm and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may inadvertently contain or link to content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain or link to material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Aiolux disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
Aiolux does NOT provide investment recommendations on any financial instrument (Stock, Bond, Exchange Traded Fund / Exchange Traded Note, Derivative Option etc.). Our service provides historical context to performance of financial instruments to enhance your understanding but remember that past performance is often not indicative of future results. You are therefore responsible for conducting your due diligence and seeking appropriate investment advice from professionals with regards to all your investment decisions. If you choose to act upon any information obtained from Aiolux.com, you are entirely responsible for your decisions, which includes any harm resulting from them. By visiting Aiolux.com, you represent and warrant that your conduct does not violate these Terms.
Whilst efforts are made to ensure accuracy of the information and tools contained in all our web pages, we do not accept any liability for any direct, indirect, incidental or consequential losses of any kind arising out of or in connection with the use of the tools and information derived from this website.
If you post / upload material to Aiolux.com (like profile/comments etc.), post links on Aiolux.com, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or computer code. By using Aiolux.com, you represent and warrant that your Content and conduct do not violate these Terms or the User Guidelines below.
By submitting Content to Aiolux.com for inclusion on your profile and postings, you grant Aiolux a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your content. This license allows Aiolux.com to make publicly-posted content available to third parties selected by Aiolux (through affiliates, for example) so that these third parties can analyze and distribute (but not publicly display) your content through their services. If you delete Content, Aiolux will use reasonable efforts to remove it from Aiolux.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any representations or warranties, Aiolux has the right (though not the obligation) to, in Aiolux’s sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in Aiolux’s reasonable opinion, violates any Aiolux policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of Aiolux.com to any individual or entity for any reason. Aiolux will have no obligation to provide a refund of any amounts previously paid. By registering on Aiolux.com, you represent and warrant that your conduct does not violate these Terms or the User Guidelines below.
Aiolux.com has certain sections where users may post/send content or link to external content. This includes (but is not limited to) profiles, postings, reviews etc. The following activities/material arent allowed in this regard:
Bear in mind that these are just guidelines — interpretations are solely up to us. These guidelines are not exhaustive and are subject to change. If you come across content that has violated our Terms of Service or any of these policies, please report it using our feedback form. We aim to promptly review and investigate all complaints that we receive, but if and how we respond will depend on a variety of factors, such as the information available to us and the type of violation. We may also contact the site owner to inform him/her of the complaint.
Advertisements. Aiolux reserves the right to display advertisements unless you have purchased an subscription which includes an Ad-free option. We use third-party services to display advertising and you understand that they may be using information from your internet habits to serve you contextual advertisements.
Web Traffic Tracking. We use a third party, Google (“Google Analytics”), to measure Aiolux.com’s audience and usage
Aiolux uses a variety of third-party data providers to source raw financial information. You understand that there may be discrepancies/inaccuracies in data from time to time
You may enable services, products, software (like Calendars, plugins etc.), or applications developed by a third party or yourself (“Third Party Services”) on your account.
If you use any Third Party Services, you understand that:
In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or content.
As Aiolux asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Aiolux.com violates your copyright, you are encouraged to notify Aiolux (email dmca[at]Aiolux.com) with a complete and valid DMCA request. A valid DMCA request will contain the following: Your full name, Your company (if any), full mailing address and phone number, the name of the copyright holder, exact location/ url of the unauthorized material on Aiolux.com, exact external location / url of the copyrighted work and description of the copyrighted work. Aiolux will respond to all such valid notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Aiolux will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Aiolux or others. In the case of such termination, Aiolux will have no obligation to provide a refund of any amounts previously paid to Aiolux.
This Agreement does not transfer from Aiolux to you any Aiolux or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Aiolux. Aiolux, Aiolux.com and the Aiolux.com logo, and all other trademarks, service marks, graphics and logos used in connection with Aiolux.com or our Services, are trademarks or registered trademarks of Aiolux or Aiolux’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Aiolux or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Aiolux may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Aiolux.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Our Services are provided “as is.” Aiolux and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Aiolux nor its suppliers and licensors, makes any warranty that our Services will be error-free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Illinois, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Cook County, Illinois.
Aiolux is always interested in resolving disputes amicably and efficiently, and most user concerns can be resolved quickly and to the user’s satisfaction by emailing us at legal[at]Aiolux.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Aiolux should be sent to our Registered Agent on record. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Aiolux and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Aiolux may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Aiolux or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Aiolux is entitled.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the rules and procedures of the American Arbitration Association’s (“AAA”) by a neutral arbitrator. The arbitrator must also follow the provisions of these Terms of Use as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. The arbitration shall take place in Chicago, Illinois, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified.
In no event will Aiolux, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Aiolux under this Agreement during the twelve (12) month period prior to the cause of action. Aiolux shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You represent and warrant that (i) your use of our Services will be in strict accordance with the Aiolux Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Aiolux reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless Aiolux, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Aiolux and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Aiolux, or by the posting by Aiolux of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Aiolux may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
History of Changes to the Terms of Service document are linked here
Note: This document is adapted from the Wordpress/Auttomatic Terms of Service, which is generously made available available under a Creative Commons Sharealike license