terms of use

Welcome to the iterative.capital website (the “Site”) owned by Iterative Capital Management, L.P. (“Iterative”). These Terms of Use contain the terms, conditions, and provisions upon which you may access the information available through the Site.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. DO NOT USE THE SITE IF YOU DO NOT AGREE TO BE BOUND BY THEM.

THE INFORMATION AND SERVICES PROVIDED ON THE SITE ARE NOT INTENDED FOR DISTRIBUTION TO, OR USE BY, AND ARE IN PARTICULAR NOT DIRECTED TO, ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO LAW OR REGULATION, WOULD OBLIGATE ITERATIVE TO COMPLY WITH ADDITIONAL RULES OR WHICH WOULD SUBJECT ITERATIVE OR ANY OF ITS AFFILIATES TO ANY ADDITIONAL REGISTRATION REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY.

TERMS AND CONDITIONS

By accessing, viewing or using the materials or services available on or through the Site, you indicate that you understand and intend these Terms of Use to be the legal equivalent of a signed, written contract and equally binding, and that you accept these Terms of Use and agree to be legally bound by them.

The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to and understanding of all such terms, conditions, and notices. Iterative reserves the right to change the terms, conditions, and notices under which the Site and the information and services offered through the Site are offered without further notice to you. Your continued use of the Site will signify your agreement with and understanding of any additional or modified terms, conditions or notices applicable to the Site.

While Iterative uses reasonable efforts to update the information on the Site, Iterative makes no representations or warranties as to the accuracy, reliability, timeliness or completeness of any information at the Site. Any content at the Site is subject to change without notice.

GRANT OF LICENSE

The Site and the materials and information available on or through it are provided by Iterative as a service to you. You are hereby granted a limited, non-exclusive, revocable and nontransferable license to use the Site conditioned on your continued compliance with these Terms of Use.

Users may print and download materials and reports from the Site provided that all hard copies contain all copyright and other applicable notices contained in the originals of such materials and reports. The use of any such material on any other Web site or networked computer environment is prohibited.

Except as otherwise expressly permitted herein or under an agreement between you and Iterative, you may not modify, copy, distribute, broadcast, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell, or otherwise use any information, products, services or material obtained from or through the Site. As a further condition of use of the Site, you warrant to Iterative that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use and you will comply with any applicable local, state, national, or international laws or regulations when using the Site.

Nothing at the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any image, trademark, logo or service mark at the Site. No act of downloading or otherwise copying from the Site will transfer title to any software or material at the Site to you. You may not decompile, reverse engineer, disassemble, or otherwise reduce any computer files obtained from the Site to a human-perceivable form. Anything that you transmit to the Site becomes the property of Iterative, may be used by Iterative for any lawful purpose (subject to any further agreement between you and Iterative), and is further subject to disclosure as deemed appropriate by Iterative, including to any legal or regulatory authority to which Iterative is subject. Iterative reserves all rights with respect to copyright and trademark ownership of all material at the Site, and will enforce such rights to the full extent of the law.

NATURE OF SITE

The Site is provided solely for the purpose of providing information and news about cryptocurrency markets, trends, investments and mining, as well as to provide a platform for Iterative’s over-the-counter cryptocurrency exchange.

While some information contained on the Site has been obtained from sources believed to be reliable, neither Iterative nor any information provider guarantees that the information on the Site is accurate, timely, valid or complete or makes any warranties with regard to the results that have or may be obtained from its use.

IF YOU ARE IN ANY DOUBT AS TO WHETHER THIS WEB SITE CAN BE LAWFULLY USED BY YOU DO NOT USE THE SITE.

NO INVESTMENT ADVICE OR INVESTMENT RECOMMENDATIONS

The information on the Site is intended for informational, educational and research purposes only. Iterative does not provide recommendations, investment advice or any other advice to you or any other party through the Site, and no information or material at the Site is to be relied upon for the purpose of making or communicating investment or other decisions. Accordingly, Iterative does not offer advice regarding the quality or suitability of any investment or of any investment manager and assumes no responsibility or liability for any investment decisions or advice, treatment, or services rendered by any person or entity mentioned, featured or linked to on the Site.

Neither the information nor any opinion contained on the Site constitutes an offer or a solicitation by Iterative for the purchase or sale of any securities, futures, options or other financial instruments, except with respect to the offer for users to trade cryptocurrency on Iterative’s over-the-counter exchange. This material and any views expressed herein are provided for informational purposes only and should not be construed in any way as an endorsement or inducement to invest (1) in any particular instrument, including in cryptocurrency offered on Iterative’s over-the-counter exchange, (2) with any investment fund or other alternative investment program or (3) with any investment manager or advisor mentioned. Before making any investment decision, seeking any investment manager’s or advisor’s services or investing in any collective investment fund or other alternative investment program, you are advised to consult with your broker or other financial advisor to verify pricing and other information and/or do such other due diligence as may be appropriate under the circumstances, including reading and examining thoroughly the relevant disclosure documents and/or offering memorandum and consulting with your legal and tax advisers. Iterative shall have no liability for investment decisions based upon, or the results obtained, from the content provided herein.

CONFLICTS OF INTEREST

This Site may contain information and opinions on cryptocurrencies and companies in which Iterative invests or otherwise holds an economic interest. As a result, users should be aware that Iterative may have an incentive to describe such cryptocurrencies and companies in a more positive light in order to generate demand and increase the price. However, as described in “No Investment Advice or Investment Recommendations” above, the information on this Site is intended for informational, educational and research purposes only and does not constitute investment advice or recommendations and should not be relied upon as such.

INTELLECTUAL PROPERTY RIGHTS

All material contained on or available through the Site, unless otherwise indicated, is protected by law, including, but not limited to, copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations.

Except as expressly provided herein, Iterative does not grant any express or implied right to users of the Site under any patent(s), copyright(s), trademark(s), or trade secret information. Accordingly, unauthorized use of any material contained on the Site by you will violate copyright laws, trademark laws, trade secret laws, the laws of privacy and publicity, and/or other regulations and statutes.

Iterative and all other names, logos, and icons identifying Iterative’s products and services are proprietary marks of Iterative, and any use of such marks without the express written permission of Iterative is strictly prohibited. Other product and company names mentioned herein may be the trademarks of their respective owners.

PRIVACY POLICY

Iterative considers your personal data to be private. All information collected in the course of your using the Site or otherwise, including any individual logging or click-stream data gathered in course of navigating the Site, is strictly for internal purposes and will be kept confidential at all times. We may capture and record information on our server logs from your browser when you interact and use the Site including your IP address, cookie information and the page(s) you request regarding your IP address generally for use in administering the Site, customizing the content you see, fulfilling your requests for certain services and information, and contacting you. Cookies are alphanumeric identifiers that we may transfer to your computer hard drive through your Web browser to enable our systems to recognize that browser. Your IP address may be used to help identify you and your patterns and processes and to gather broad demographic and current interest information that we may then use for generic reports posted on the Site.

SITE SECURITY

The Site may contain links to other Web sites (See “Links to Other Sites” below). Iterative is not responsible for the privacy practices or the content of such Web sites. The Site has strict security measures in place to protect against the loss, theft, misuse and/or alteration of the information contained on the Site. Employees are kept aware of the security policies in place in respect of the Site.

CONFIDENTIALITY ON INTERNET

Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While Iterative has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from the Site over the Internet cannot be guaranteed.
Accordingly, Iterative and its affiliates are not responsible for the security of any information transmitted via the Internet or for the consequences of any reliance on such information. You assume the sole and complete risk for using the Site and must make your own determination as to these matters.

SECURITY OF SITE

Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection, Iterative reserves the right to view, monitor, and record activity on the Site without notice or permission from you.
Any information obtained by monitoring, reviewing, or recording is subject to review by appropriate governmental, regulatory and law enforcement organizations in connection with applicable law, including the investigation or prosecution of possible criminal activity on the Site. Iterative will also comply with all lawful court orders and governmental, regulatory and law enforcement requests involving such information.

LINKS TO OTHER SITES

Iterative may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating related information and services or otherwise. Iterative has not reviewed the content of any site owned by a third party that may be linked to the Site and exercises no control over such sites. Accordingly, Iterative expressly disclaims any responsibility and shall not be liable for the content (or any errors, misrepresentations, or omissions therein), the accuracy and timeliness of the information, the download, transmission or delivery of any such information and/or quality of products or services provided by or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party. See “Disclaimers.”

EVENTS BEYOND ITERATIVE’S CONTROL

You expressly absolve and release Iterative and its affiliates and each of their respective officers, directors, members, partners, shareholders, employees, agents, advisors and representatives (collectively, “Iterative and Its Affiliates”) from any claim of harm resulting from a cause beyond Iterative’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist attacks, or governmental restrictions.
DISCLAIMERS

THE MATERIALS AT THE SITE ARE PROVIDED “AS IS.” SUCH MATERIALS HAVE BEEN GATHERED AND DERIVED FROM SOURCES BELIEVED TO BE RELIABLE, HOWEVER ITERATIVE HAS NOT INDEPENDENTLY VERIFIED THE INFORMATION AND MAKES NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, OF ANY KIND WHATSOEVER, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING REGARDING THE ACCURACY, TIMELINESS, VALIDITY OR COMPLETENESS OF THE INFORMATION, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT OR THAT THE SERVICE WILL REMAIN UNINTERRUPTED.

ITERATIVE FURTHER ASSUMES NO RESPONSIBILITY FOR, AND MAKES NO WARRANTIES THAT, FUNCTIONS OR SERVICES CONTAINED AT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ITERATIVE AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES TO, VIRUSES THAT MAY INFECT, OR SERVICES, REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED, ON YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESSING OR USE OF THE SITE. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

THE INFORMATION ON THE SITE IS INTENDED FOR INFORMATIONAL, EDUCATIONAL AND RESEARCH PURPOSES ONLY. ACCORDINGLY, ITERATIVE AND ITS AFFILIATES DO NOT RECOMMEND OR SOLICIT ANY INVESTMENT THROUGH THE SITE AND SHALL NOT BE LIABLE FOR ANY INVESTMENT DECISIONS, ADVICE, LOSS OF PROFITS, COSTS OR ANY OTHER INDIRECT DAMAGES RELATING TO THE SUITABILITY, ADEQUACY, VALIDITY, ACCURACY, TIMELINESS, DELAY OR COMPLETENESS OF ANY INFORMATION ON THE SITE.

UNAUTHORIZED USE OF ANY MATERIAL CONTAINED ON THE SITE MAY VIOLATE COPYRIGHT LAWS, TRADEMARK LAWS, TRADE SECRET LAWS, THE LAWS OF PRIVACY AND PUBLICITY, AND/OR OTHER REGULATIONS AND STATUTES. FOR ANY AUTHORIZATION REQUESTS, PLEASE CONTACT US AT PARTNERS (AT) ITERATIVE DOT CAPITAL.

LIMITATION OF LIABILITY AND INDEMNITY
Under no circumstances, including, but not limited to, negligence, shall Iterative and Its Affiliates be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in the Site, even if Iterative and/or Its Affiliates have been advised of the possibility of such damages. In no event will Iterative and Its Affiliates have any liability to you for damages, losses and causes of action (whether in contract, tort, including, but not limited to, negligence, or otherwise) for accessing the Site.

You agree that your breach of these Terms of Use may result in irreparable harm to Iterative which cannot be compensated by money damages, and that Iterative shall be entitled to obtain injunctive relief for any such breach.

You agree to defend, indemnify, and hold harmless Iterative and Its Affiliates and their respective attorneys, licensors, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Site, any arrangements you make based on the information available or through the Site, and any breach by you of these Terms of Use or other improper act or omission.

GOVERNING LAW

The Site is controlled and operated by Iterative from its offices in the United States. Iterative makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of the Site are illegal is prohibited. Those who choose to access the Site from other locations do so of their own accord and are responsible for compliance with applicable local laws.

TERMS AND TERMINATION

These Terms of Use take effect at the time you begin using the Site, thereby indicating acceptance of these Terms of Use, and, at each use thereafter, you shall be deemed to have reaffirmed your acceptance of these Terms of Use. Iterative reserves the right at any time in its sole discretion to deny you access to the Site or any portion thereof and to terminate these Terms of Use. Termination will be effective without notice.

WAIVER

Failure to insist on strict performance of these Terms of Use will not operate as a waiver of any subsequent default or failure of performance. No waiver by Iterative of any right under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

ADMISSIBILITY

A printed version of these Terms of Use and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

SEVERABILITY

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and the liability limitations set forth above, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of these Terms of Use, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of these Terms of Use, and, if possible, the then invalid or unenforceable provision will be deemed superseded and replaced by a valid, enforceable provision that most clearly matches the intent of the original provision.

RESERVATION OF RIGHTS

Any rights not expressly granted herein are reserved.

ENTIRE AGREEMENT

The Terms of Use and other terms and conditions and similar provisions that may be applicable to you regarding specific services or features of the Site (all of which are hereby incorporated as if set forth fully herein), represent the entire agreement between you and Iterative with respect to use of and material available on or through the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Iterative with respect to the Site.