Cyan Reef Terms of Use

Effective date: December 1st, 2020.

These Terms of Use, together with Cyan Reef B.V. Privacy Policy, set forth the terms and conditions (“Terms”) that apply to your access and use of all Cyan Reef B.V. (“Cyan Reef”) products and services (together, the “Services”), that are made available through our websites including but not limited to www.cyanreef.com and www.cyanreef.eu (together, the “Site”). Cyan Reef includes Cyan Reef and its officers, directors, employees, consultants, affiliates, subsidiaries and agents. The Cyan Reef Services are intended for information purposes only, and include, but are not limited to platforms that enable users to locate and contact financial services, as well as professionals, such as third party experts and advisors, who can provide various services; discussion forums, community forums, bulletin boards, review services, and forums in which users may ask questions of third party advisors.

By using or accessing the Cyan Reef Site you agree to these Terms, as updated from time to time in accordance with Section 8 below. Because Cyan Reef provides a wide range of services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific product or service.

1. Registration and Account Security. To use the Services you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the Services; and (iii) register for and use the Services in compliance with any and all applicable laws and regulations.

a) Account Registration. To access some features of the Services, you may be required to register for an account. When you register for an account, we may ask you to give us certain identifying information about yourself, including but not limited to your email address and other contact information, and to create a user name and password (“Registration Information”). When registering for and maintaining an account, you agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal your identity from Cyan Reef for any purpose.

b) You Are Responsible For Your Account. You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information. For your protection and the protection of other users, we ask you not to share your Registration Information with anyone else. If you do share this information with anyone, we will consider their activities to have been authorized by you. If you have reason to believe that your account is no longer secure, you must immediately notify us at info@cyanreef.com.

c) Forums. Cyan Reef may offer features that allow users to share content, comments and opinions on financial topics with other users in the Community Forum, as well as other user discussion forum platforms (collectively, the “Forum”). Your use of the Forum is governed by these Terms of Use, as well as our Community Guidelines.

i) Forum content are the contributions of independent users not affiliated with Cyan Reef, whose opinions are their own. Cyan Reef does not guarantee the accuracy, integrity or quality of the opinions and advice posted on the Forum. Your use of any user content provided in the Forum is at your own risk.

ii) Cyan Reef may, but is not required to, monitor Forum content and reserves the right to edit, correct or delete any Forum content for any reason at our sole discretion.

iii) You hereby grant to Cyan Reef a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, translate, transmit and distribute any content, information or material you submit or post to the Forum, in any medium now in existence or hereafter developed, for any purpose, including commercial uses.

iv) We may terminate a user’s access or ability to use the Forum, immediately, without notice, and at our sole discretion, for user’s failure to comply with any terms or conditions of the Terms of Use or Community Guidelines.

2. Third Party Services.

a) Advice from Third Parties. Some of the Services involve advice from third parties and third party content. You agree that any such advice and content is provided for information, education, and entertainment purposes only, and does not constitute legal, financial, tax planning, medical, or other advice from Cyan Reef. You agree that Cyan Reef is not liable for any advice provided by third parties. You agree that you are responsible for your own financial research and financial decisions, and that Cyan Reef is not responsible or liable for any decisions or actions you take or authorize third parties to take on your behalf based on information you receive as a user of Cyan Reef.

b) Sharing Information With Third Parties. By using the Services, you agree that Cyan Reef may collect, store, and transfer such information on your behalf, and at your sole request. More information is available in our Privacy Policy. You agree that your decision to make available any sensitive or confidential information is your sole responsibility and at your sole risk. Cyan Reef has no control and makes no representations as to the use or disclosure of information provided to third parties. You agree that these third party services are not under Cyan Reef’s control, and that Cyan Reef is not responsible for any third party’s use of your information.

c) Cyan Reef Does Not Endorse Third Parties. The Services may contain links to third party websites and services. Cyan Reef provides such links as a convenience, and does not control or endorse these websites and services. You acknowledge and agree that Cyan Reef has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services.

3. Prohibited Conduct. You agree not to:

a) Use the Site for any illegal purpose, or in violation of any local, state, national, or international law;

b) Violate or encourage others to violate the rights of third parties, including intellectual property rights;

c) Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;

d) Interfere in any way with security-related features of the Services;

e) Interfere with the operation or any user’s enjoyment of the Services, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;

f) Access, monitor or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without Cyan Reef’s express written permission;

g) Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or

h) Sell or otherwise transfer the access granted herein.

4. Intellectual Property and User Content. The Site is protected by applicable copyright and other intellectual property laws, and no materials from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Site belong to Cyan Reef, except third-party trademarks or service marks, which are the property of their respective owners. You represent and warrant that you own or otherwise have the right to use any content you post to the Site. If you believe that your content has been used in a way that constitutes copyright infringement, you may contact:

Cyan Reef
Jachthavenweg 109 A, Amsterdam, 1081KM
Email: info@cyanreef.com

You must provide the following information: an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located; your address, telephone number, and email address; a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Cyan Reef has adopted and implements a policy that provides for termination in appropriate circumstances of accounts of users who repeatedly infringe copyright or other intellectual property rights of Cyan Reef or others.

5. Indemnification. You agree that you will be personally responsible for your use of the Services, and you agree to defend, indemnify, and hold harmless Cyan Reef from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Services; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. Cyan Reef reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.

6. Termination. If you violate these Terms, your permission to use the Services will automatically terminate. In addition, Cyan Reef in its sole discretion may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Services at any time, with or without notice to you. You may terminate your account at any time by contacting Customer Service at info@cyanreef.com. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but Cyan Reef may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Services.

7. Modification of the Terms. Cyan Reef reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms. We will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to our website or by sending an email to any address you may have provided to us. Your continued use of the Services following notice will be deemed acceptance of any modifications to the Terms.

8. Disclaimers of Warranties. The Services are provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Although Cyan Reef seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Services, and there may at times be inadvertent technical or factual errors or inaccuracies.

a) No Warranties. Cyan Reef specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Services. Cyan Reef is not responsible for the loss of, damage to, or unavailability of any information you have made available through the Services, and you are solely responsible for ensuring that you have backup copies of any information you have made available through the Services.

b) No Guarantee Of Accuracy. Cyan Reef does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Services.

c) Services Provided For Informational Purposes. The information provided through the Services is provided solely for informational, educational, or entertainment purposes. Cyan Reef is not a financial institution or insurance provider. Cyan Reef makes no representations, warranties, or guarantees, express or implied, regarding the results or savings that may be obtained through the use of the Services. Before making any financial decisions or implementing any financial strategy, including recommendations of third parties identified through the Services, Cyan Reef recommends that you obtain additional information and advice of accountants or other financial advisors who are fully aware of your individual circumstances.

d) No Warranties Regarding Third Parties. Cyan Reef makes no representations, warranties, or guarantees, express or implied, regarding any third party service or advice provided by a third party, or any quotes or offers provided through the Services. Cyan Reef does not endorse any particular advisor or other third party. Cyan Reef acts solely as an intermediary between you and third party service providers and expressly disclaims any and all liability for any content, products, or services provided by such service providers. See Section 2, above, for more information regarding third parties and third party services.

9. Limitation of Liability. In no event will Cyan Reef be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not Cyan Reef has been informed of the possibility of such damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.

10. Governing. These Terms are governed by the laws of the Netherlands, without regard to conflict of law principles. Subject to Section 11, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and Cyan Reef agree to submit to the exclusive personal jurisdiction of the Netherlands, for the purpose of litigating all such disputes. We operate the Services from our offices in the Netherlands, and we make no representation that information and materials included in the Services are appropriate or available for use in other locations.

11. Dispute Resolution by Binding Arbitration; Class Action Waiver. In the interest of resolving disputes between you and Cyan Reef in the most expedient and cost-effective manner, you and Cyan Reef agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction (“Agreement to Arbitrate”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.

YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, YOU AND CYAN REEF ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

a) Claims To Be Resolved By Binding Arbitration. You and Cyan Reef agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before this or any prior Terms; claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of these Terms.

b) Exceptions. Notwithstanding Section 11(A), you and Cyan Reef agree that no statement herein shall be deemed to waive, preclude, or otherwise limit either party’s right to (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (iii) seek injunctive relief in any competent court of law; or (iv) to file suit in a court of law to address intellectual property infringement claims.

c) No Class Actions. Unless both you and Cyan Reef agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

12. Modification of the Services. Cyan Reef reserves the right to modify or discontinue, temporarily or permanently, some or all of the Services at any time without any notice or further obligation to you. You agree that Cyan Reef will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Services.

13. General.

a) Entire Agreement. These Terms, together with the Privacy Policy constitute the entire and exclusive understanding and agreement between you and Cyan Reef regarding your use of and access to the Services, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties.

b) No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

c) Paragraph Headers. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.

d) Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

e) Partner Terms. In some instances, Cyan Reef’s third party partners require that Cyan Reef users agree to be bound by some additional terms of use that are specific to particular products or services (“Partner Terms”). In the event of any conflict between the Partner Terms and Cyan Reef’s Terms of Use, Cyan Reef’s Terms of Use govern and control.

14. Cyan Reef Customer Service. To contact us with questions or suggestions about the service please email us at info@cyanreef.com

15. Cookies Policy. A cookie is a set of data and information that websites store on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. We use cookies to identify and track visitors, and to analyse user behaviour. Cyan Reef visitors that do not wish to have cookies placed on their computers can prohibit the use of cookies through their browser settings. Several website features might not be operating properly if cookies are deactivated.

16. Local legal and sales restrictions, US Persons. The Site is not directed at any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of the Site is prohibited. Persons accessing the Site need to be aware that they are responsible themselves for the compliance with all local rules and regulations. Neither information nor any opinion expressed on the Site constitutes a solicitation, an offer or a recommendation to buy, sell or dispose of any investment, to engage in any other transaction or to provide any investment advice or service. An investment in a product featured on the Site should only be made after reading the related materials on the Site. The information contained in this Site is not intended for users from other countries, such as US citizens and residents, where the offering of foreign financial services is not permitted, or where Cyan Reef’s services are not available. Users of this site should be aware of the fact that they are solely responsible for full compliance with all laws and/or other regulations under their respective jurisdictions.