Terms and Conditions

Welcome to Utilify’s website. These legal terms will govern your use of the utilify.xyz website (“Site”). Please read these terms and conditions carefully.

Who is responsible for this Site?

This Site is owned and operated by utilify (“We”/ “utilify”).

When do these terms apply?

Generally, these terms apply when you are on this Site. Any use by you of the Site shall be on the basis that you have read, understood, and agreed with these terms and conditions. If you do not agree to these terms, you must not use this Site. We recommend that you print a copy of these terms for future reference.

You are also responsible for ensuring that all persons who access this Site through your internet connection are aware of these terms of use and other applicable terms and conditions and that they comply with them.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of this Site:

You can access Our Privacy and Cookie Policies by following the links.

Some portions of the Site may have other terms, which we will make available when they apply.

Certain links on this Site lead to sites maintained by third parties over which Utilify has no control. Utilify makes no representations as to the accuracy, completeness, truthfulness, or any other aspect of the information contained on such sites or sites linked to such sites. Any links to such sites are provided for convenience only and are to be availed of at your own risk. The use of such sites is subject to separate terms and conditions and policies.

Updating these terms

We may vary or change these terms and conditions for any valid technical, operational or commercial reasons. An updated version of the terms and conditions is available on this Site and it is your responsibility to review this periodically. Your continued access to the Site after any such changes have been made shall constitute your consent to such changes.

We may make changes to this Site

We may update and change this Site from time to time to reflect changes to our products, our user's needs, and our business priorities.

We may suspend or withdraw this Site

This Site is made available free of charge. We do not guarantee that this Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of this Site for any reason. We will try to give you reasonable notice of any suspension or withdrawal.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

How you may use the material on this Site

We are the owner or the licensee of all intellectual property rights on this Site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Any use of the material on this Site is subject to the section on Intellectual Property Rights in these terms.

You may print off one copy and may download extracts, of any page(s) from our Site for your personal use only and you may draw the attention of others within your organization to content posted on this Site.

You shall not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you shall not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on this Site must always be acknowledged (except where the content is user-generated).

You must not use any part of the content on this Site for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use this Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

We maintain ownership of all intellectual property rights associated with the Utilify brand. No license to use the Utilify brand is given in these terms.

We may transfer this agreement to someone else

User obligations

You agree not to use or cause or permit any content we make available here to be used:

in ways that might violate our intellectual property rights;
for any improper, indecent, unlawful, threatening, defamatory, or fraudulent purpose or to cause any injury, offense or annoyance to any person, or interfere with their enjoyment and use of the Site;
so as to jeopardize or prejudice the operation, quality, or integrity of the Site, or the operation, quality, or integrity of any telecommunications network;
to send junk e-mail, spam, duplicative or unsolicited messages for the purposes of direct marketing or advertising, or promotional materials to third parties without their prior consent;
to harvest or otherwise collect information about others, including e-mail addresses, without their prior consent.

You also agree:

to comply with all reasonable instructions or requests of Utilify or an authorized authority in relation to the Site or the investigation of any offenses and to abide by all applicable laws and regulations (including copyright and intellectual property laws), licenses, codes of practices, and usage policies of connected networks;
not to resell, sub-license or attempt to resell, sub-license, or otherwise exploit commercially any material or information accessed via the Site;
not to distribute, download, upload, publish, or transmit any data, material, information, or software in a manner that may infringe the rights of third parties or render Utilify liable to the payment of damages to any third party;
not to distribute, download, upload, or transmit any material which contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
not attempt to gain unauthorized access to or interfere with this Site, the server on which this Site is stored or any server, computer or database connected to this Site;
not to disguise the origin of any transmitted communication or impersonate any other person or entity;
not to attack this Site via a denial-of-service attack or a distributed denial-of-service attack;
to dutifully reproduce any copyright symbol and clause in whole as may appear on screen or printer at the head of the relevant database or the head or foot of any information being processed;
to notify Utilify immediately of any unauthorized use of the Site or any other breach of security or any claim or legal proceedings against you relating to your use of the Site;
not to use the server capacity or any software made available to you in any way which in Utilify's opinion is or is likely to be detrimental to the operation or provision of the Site or any third party's rights;
not to conduct, facilitate, authorize, or permit any text or data mining or web scraping in relation to this Site;
to comply with the terms and conditions of any internet service provider whose services you may use

Some portions of this Site may contain information about Utilify’s financial performance. Any information on the price at which our securities have been bought or sold in the past, or the yield on our securities, cannot be relied upon as a guide to future performance. This Site may contain forward-looking statements which are subject to risks and uncertainties because they relate to future events. Some of the factors which may cause actual results and developments to differ materially from these forward-looking statements can be found here.

Use of the Site

You expressly understand and agree that your use of the Site is at your own risk. In particular, you assume all responsibility for:

accessing, obtaining, or transmitting information, materials, data, communications, messages, software, and services via the Site (or linked sites);
installing and executing anti-contamination software and otherwise taking steps to ensure that information, if contaminated or infected, will not damage any information or system;
any dealings with advertisers, promoters or third-party vendors on the internet, including the delivery of and the payment for goods and services;
evaluating the accuracy, reliability, correctness, or completeness of any information (including information concerning companies, share prices, investments, or securities) and evaluating any goods (including software) or services offered by any third parties via the Site or linked sites. Utilify shall not be a party to or be in any way responsible for any transactions between you and such third parties;
obtaining the prior consent of third parties to send them messages for the purposes of direct marketing.

The Site is provided "as-is" and all conditions and warranties expressed or implied by statute or common law are excluded to the fullest extent permitted by law. In particular, Utilify makes no warranties or representations:

as to the suitability, reliability, availability, timeliness, correctness, accuracy, or completeness of the Site (or linked sites) or any information, material, or communications transmitted, obtained, or accessed via the Site (or linked sites);
that the Site will meet your requirements or that the operation of the Site will be uninterrupted, timely, secure, or error-free or that any defect can or will be remedied;
to the extent that the operation of the Site is dependent on third-party service or content providers;
that information or materials obtained or accessed by you via the Site will be free of infection by viruses, worms, trojan horses, or anything else manifesting contaminating or destructive properties.

Limitation of liability

Unless otherwise stated, neither Utilify nor any third parties involved in the provision of the Site shall be liable for any losses or damage (other than death or personal injury caused by negligence), costs, or expenses (including but not limited to: loss of use, data, profits, sales, business, revenue or anticipated savings, business interruption, loss of business opportunity, goodwill or reputation, or any indirect or consequential loss or damage) arising out of or in any way connected with:

the use of the Site (or linked sites) by you or other persons;
the provision of or failure to provide the Site;
your dealing with any third parties, including but not limited to advertisers, promoters, vendors, or service providers;
any errors, defects, interruptions, malfunctions, or delays in the provision of the Site;
reliance placed on any information (including without limitation, information concerning companies, share prices, investments, or securities) material, data, communication, or messages obtained, accessed, or transmitted through the Site;
the loss, corruption, or overwriting of any information, material, data, communication, or message;
any unauthorized access to or alteration of your computer system, software, messages, information, or data otherwise arising out of the use of the Site;
the suspension or termination of the Site (or any part thereof);
the acts or omissions of other providers of telecommunications or information services or for faults or failures of their equipment or systems;

whether based on contract, tort (including negligence), breach of statutory duty or otherwise, even if Utilify or any of its suppliers has been advised of the possibility of such losses, damage, costs, or expenses.

Indemnity

You agree to indemnify and hold Utilify, its servants, and agents harmless against any liability, loss, damage (including legal costs and fees), claims, or proceedings (whether actual or threatened) sustained pursuant to the use of the Site by you, your agents or any third party via your breach of these terms and conditions (including without limitation any failure by you to obtain the consent of third parties to whom you send unsolicited messages for direct marketing purposes).

Force Majeure

If we are unable to perform any obligation under these terms because of a matter beyond our reasonable control such as (but not limited to) lightning, flood, exceptionally severe weather, pandemic, fire, explosion, war, civil disorder, industrial disputes (whether or not involving our employees) or acts of local or central government or other competent regulatory authorities or events beyond the reasonable control of our suppliers, we will have no liability to you for that failure to perform.

Do not rely only on information on this Site

The content on this Site is provided for general information only. It is not intended to amount to full advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this Site. Although we make reasonable efforts to update the information on this Site, we make no representations, warranties, or guarantees, whether express or implied, that the content on our site is accurate, complete, or up to date.

We are not responsible for third-party websites we link to third-party

Where this Site contains links to other sites and resources provided by third parties, any links to such sites are provided for convenience only and are to be availed of at your own risk. We make no representations as to the accuracy, completeness, truthfulness, or any other aspect of the information contained on such sites or sites linked to such sites. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

Rules about linking to this Site

You may link to our Site and/or its pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link to this Site and/or its pages in any content which would violate these terms, or which would otherwise be incompatible with Utilify’s general values and purpose, including but not limited to any adult, violent or illegal content or any sites containing adult, violent or illegal content.

You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.

You must not establish a link to our Site and/or its pages on any website that is not owned by you.

Our Site and/or its pages must not be framed on any other site.

We reserve the right to withdraw linking permission without notice.

Which country’s laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter, and their formation, are governed by US law. You and we both agree that the courts of the US will have exclusive jurisdiction.

Intellectual Property Rights

This Site includes various registered and unregistered trademarks and other intellectual property rights owned or licensed by Utilify. You are not permitted to use any of these trademarks or intellectual property rights without our prior written approval.