Terms of Use and Conditions

This is the website (“Site”) of Gindi Capital and its affiliates and subsidiaries (“Gindi,” “we,” and/or “our”). By accessing, browsing or otherwise using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any additional terms and policies referenced herein. If you do not agree to these Terms, you must not use the Site. Your continued use of the Site following any changes to these Terms constitutes your acceptance of those changes. You represent and warrant that you are of legal age and have the authority to enter into these Terms on behalf of yourself or any entity you represent.

Use of the Site

You agree to use the Site solely for lawful purposes and in accordance with these Terms. You must not:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.
  • Attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site, whether through hacking, password mining, or any other means.
  • Use any automated means, including robots, spiders, or data mining tools, to access, monitor, or copy any part of the Site without prior written consent from Gindi.
  • Upload, post, or transmit any material that contains viruses, malware, or other harmful code intended to disrupt or damage the Site or the systems of other users.
  • Use the Site to engage in any activity that is unlawful, fraudulent, or otherwise prohibited by these Terms or applicable law.

You are responsible for ensuring that your use of the Site complies with all applicable local, state, federal, and international laws and regulations. Gindi reserves the right to investigate and take appropriate legal action against anyone who, in its sole discretion, violates these provisions, including terminating or suspending access to the Site.

Intellectual Property Rights

All content, features, and functionality on the Site, including but not limited to text, graphics, images, logos, icons, audio and video clips, software, and the overall design, are the exclusive property of Site or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit any material from the Site without the prior written consent of Gindi, except as expressly permitted by these Terms. Any unauthorized use of the Site’s content may violate intellectual property laws and result in civil or criminal penalties.

All trademarks, service marks, logos, and trade names displayed on the Site are the property of Gindi or their respective owners. Nothing in these Terms grants you any right or license to use any trademark, logo, or service mark without the express written permission of the owner.

If you submit or post any content to the Site, you retain ownership of your intellectual property rights in that content. However, by submitting content, you grant Gindi a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in connection with the operation and promotion of the Site. You represent and warrant that you have all rights necessary to grant this license and that your content does not infringe the rights of any third party.

Third Party Links and Content

The Site may contain links to third-party websites, resources, or content, as well as embedded materials or features provided by third parties. These links and resources are provided solely for your convenience and do not imply any endorsement, sponsorship, or affiliation by Gindi.

Gindi does not control, review, or assume responsibility for the content, privacy policies, or practices of any third-party websites or resources. Accessing or using any such third-party content is at your own risk, and you should review the applicable terms and policies of such third parties. Gindi disclaims any liability arising from your use or reliance on any third-party content.

Disclaimers and Warranties

THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, AND FUNCTIONALITY AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, GINDI EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR AVAILABILITY.

GINDI DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH ANY COMMUNICATIONS WITH GINDI SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

GINDI MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE COMPLETENESS, ACCURACY, TIMELINESS OR RELIABILITY OF ANY CONTENT OR MATERIALS ON THE SITE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND ANY CONTENT IS AT YOUR SOLE RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM ACCESSING OR USING THE SITE.

THE INFORMATION PROVIDED ON OUR SITE DOES NOT CONSTITUTE INVESTMENT, TAX, FINANCIAL, LEGAL, OR OTHER ADVICE. GINDI MAKES NO REPRESENTATION REGARDING THE ACCURACY OR IMPORTANCE OF ANY SERVICES. INFORMATION RECEIVED THROUGH OUR SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, INVESTMENT, TAX, LEGAL, OR FINANCIAL DECISIONS, AND PRIOR TO THE EXECUTION OF ANY TRANSACTION BY YOU RELATED TO ANY INFORMATION YOU OBTAIN FROM OUR SITE, YOU SHOULD CONSULT WITH YOUR FINANCIAL, TAX AND INVESTMENT ADVISORS, AND/OR ATTORNEY, OR OTHERWISE SEEK APPROPRIATE PROFESSIONAL ADVICE TAILORED TO YOUR SITUATION.

STATEMENTS AND MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THIS SITE MAY CONTAIN FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS ARE TYPICALLY IDENTIFIED BY WORDS OR PHRASES SUCH AS ‘LIKELY,’ ‘BELIEVE,’ ‘EXPECT,’ ‘ANTICIPATE,’ ‘INTEND,’ ‘ESTIMATE,’ ‘POSITION,’ AND VARIATIONS OF SUCH WORDS AND SIMILAR EXPRESSIONS, OR FUTURE OR CONDITIONAL VERBS SUCH AS ‘WILL,’ ‘SHOULD,’ ‘COULD,’ ‘MAY,’ OR SIMILAR EXPRESSIONS. THESE FORWARD-LOOKING STATEMENTS ARE SUBJECT TO NUMEROUS ASSUMPTIONS, RISKS AND UNCERTAINTIES, ALL OF WHICH WILL OR MAY CHANGE OVER TIME OR MAY BE INCORRECT, AND WE DO NOT ASSUME ANY DUTY TO UPDATE OR CORRECT ANY FORWARD-LOOKING STATEMENTS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE. ACTUAL RESULTS COULD DIFFER MATERIALLY FROM THOSE ANTICIPATED IN THESE FORWARD-LOOKING STATEMENTS AND FUTURE RESULTS COULD DIFFER MATERIALLY FROM HISTORIC PERFORMANCE.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Limitation of Liability

To the fullest extent permitted by law, Gindi and its affiliates, officers, directors, employees, agents, licensors and service providers shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to, loss of profits, , data, goodwill, or other intangible losses, arising out of or in connection with your access to, use of, or inability to use the Site, even if Gindi has been advised of the possibility of such damages. This limitation applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.

In jurisdictions that do not allow the exclusion or limitation of certain damages, the liability of Gindi shall be limited to the maximum extent permitted by law. In no event shall the total liability of Gindi for all claims related to the Site exceed one hundred U.S. dollars (US $100) or the minimum amount required by law, whichever is greater.

Indemnification

You agree to indemnify, defend, and hold harmless Gindi, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (i) your violation of these Terms; (ii) your misuse of the Site; (iii) your violation of any law or the rights of any third party. Gindi reserves the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Gindi in asserting any available defenses.

Use Outside of the United States

Our Site was created in the United States. Our Site may not comply with legal requirements of foreign countries. Our Site and all information obtained therefrom are not provided to and may not be used by any person or entity in any jurisdiction in violation of applicable laws, rules, or regulations. Therefore, not all products or services described on our Site may be available to all persons or entities or in all jurisdictions.

Privacy and Data Handling

The collection, use and protection of your personal information are governed by our Privacy and Cookies policy (“Privacy Policy”), which is incorporated by reference into these Terms and available on the Site. By using the Site, you acknowledge and agree to the collection and use of your information as described in the Privacy Policy. If you do not agree with our privacy practices, you must discontinue use of the Site.

Termination and Suspension

Gindi reserves the right, in its sole discretion and without notice, to suspend or terminate your access to all or part of the Site for any reason, including but not limited to, violation of these Terms, suspected fraudulent or unlawful activity, or to protect the security or integrity of the Site. Upon termination, your right to use the Site will immediately cease, and any provisions of these Terms that by their nature should survive termination (including, without limitation, intellectual property, disclaimers, limitation of liability, and indemnification) shall so survive. You remain responsible for any obligations or liabilities incurred prior to termination.

Governing Law; Jurisdiction; Choice of Law; Forum; Arbitration

These Terms and any dispute arising out of or relating to your use of the Site shall be governed and construed in accordance with the laws of the State of new York, without regard to its conflict of law principles. You expressly and irrevocably agree that exclusive jurisdiction and venue for any claim or dispute with Gindi, its employees, contractors, directors, and content providers or relating in any way to your use of the Site, in an appropriate federal or state court located in New York, and you further irrevocably agree and expressly and irrevocably consent to the exercise of personal jurisdiction in those courts over any action brought relating to the Terms or our Site.

You agree that Gindi, at its sole discretion, may require you to submit any dispute arising from the use of the Site and/or the Terms concerning or including any disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance, or termination, as well as disputes about filling gaps in this contract or its adaptability to newly arisen circumstances to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said rules.

Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State of New York. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator shall have no authority to award punitive, consequential, or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by applicable law.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms, together with the Privacy Policy and any other policies or legal notices posted on the Site, constitute the entire agreement between you and Gindi regarding your use of the Site and supersede all prior or contemporaneous communications and proposals, whether oral or written.

Assignment

You may not assign or transfer any rights or obligations under these Terms without the prior written consent of Gindi. Gindi may assign its rights and obligations under these Terms at any time without notice or restriction.

Force Majeure

Gindi shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to, acts of God, war, terrorism, labor disputes, natural disasters, or interruptions in internet or communications services.

No Waiver

Gindi’s failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

PRIVACY AND COOKIES

Privacy Statement

This privacy and cookie policy (“Policy”) applies to personal data that we collect from you as a user of this Site or as a client or customer (“you” or “your,” as applicable).

Information We Collect

We collect the following personal information from you:

  • name,
  • email address,
  • phone number.

We also collect aggregate data usage from you using cookies (small text files placed on your device) and other tracking technologies to provide us insight with respect to our marketing and advertising efforts. This includes information about how you use our website, pages you visit, and the links you access. In addition, we may collect device information to help us diagnose problems with our website and improve your experience. This includes information about your device, your IP address, browser type, and operating system.

How We Use Your Information

In addition to the purposes set forth above, we use your information to provide you with the services you have requested, such as to respond to your inquiries or to send you our newsletter or marketing communications about our services.

If you reside outside of the United States, by using our Site you consent to having your personal information transferred to and processed within the United States.

Sharing Your Information

We do not sell your information to third parties. For the purpose of conducting business, your data may be shared with our service providers (related to our services and the operation of our website), advertisers, and other companies (with your consent).

Data Retention

We will keep your personal information only for as long as reasonably necessary for the purposes outlined in this Policy, for other legitimate business purposes, or for the duration required by any legal, regulatory, accounting or reporting requirements, whichever is longer. We will delete your personal information when it is no longer necessary for these purposes. However, in some circumstances we may anonymize your personal information so that it can no longer be associated with you, in which case it is no longer considered personal information.

Security

We take steps to protect your personal information from unauthorized access, use, and disclosure. This includes the limitation of access to your personal information to only authorized employees and contractors, and the use of secure cloud servers for data storage.

Cookies

Our Site uses cookies and/or similar technologies to provide Site functionality of for personalization, performance, analytics, targeting or advertising purposes. By using our Site, you agree that, unless you have set your computer’s browser to reject them, we can place the following types of cookies on your device:

  1. Strictly Necessary Cookies – These cookies are strictly necessary for the Site to work, and to enable you to move around the Site and use all features. These cookies collect session and authentication data, and expire when you close the browser session.
  2. Functional Cookies – These cookies allow the Site to help maintain your session and remember the choices you have made in order to provide functionality for your benefit. These cookies may be used to collect information about language and other preferences, and will expire after seven days.
  3. Analytic Cookies – These cookies are used to gather statistics about the use of the Site in order to improve its performance and design and our services. These cookies collect information about your device type, operating system type, browser type, domain, IP address, referring URLs, and related information. These cookies are provided by Google Analytics, and will be disclosed to or collected by Google Analytics.

You may restrict or disable the use of cookies through your browser.

California Residents

If you are a California resident, California Civil Code Section 1797.83 permits you to request information regarding the disclosure of your personal information by certain members of Gindi to third parties for the third parties’ direct marketing purposes. Request may be made one time per calendar year. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year. You may subject your request using the contact information at the end of this Policy.

Applicable Law

This Policy is governed by the internal substantive laws of New York, without regard to its conflicts of laws principles. Jurisdiction for any claims arising under or out of this Policy shall lie exclusively with the state and federal courts within New York.

Changes to this Policy

We may update this Policy from time to time. Any changes will become effective when we post the revised privacy and cookie policy on this Site.

Contact Us

Questions, comments or requests regarding this Policy should be submitted via the contact form on our Site.