1. Acceptance of these terms

These Terms of Use (these “Terms”) govern your access to and use of the website operated by XFX Capital, Inc. (“XFX,” “we,” “us,” or “our”) (the “Site”). By accessing or using the Site, or by submitting any contact or inquiry form on the Site, you agree to be bound by these Terms. If you do not agree, do not access or use the Site. We may revise these Terms as described in Section 15; your continued use of the Site constitutes acceptance of the revised Terms.

2. About the Site

The Site is an informational resource describing XFX and its business as an institutional dealer. References to "XFX" in these Terms include XFX Capital, Inc. and, where the context requires, its affiliates. The Site is not a trading, dealing, or settlement venue, and no transaction can be quoted, offered, entered into, executed, or settled through the Site. XFX transacts as principal for its own account, directly with eligible institutional counterparties under separate written agreements.

3. Institutional audience only

The Site is directed solely to institutional and professional market participants and is intended for business use. It is not directed to, and may not be relied upon by, consumers, retail investors, or individuals acting in a personal capacity. By accessing the Site, you represent that you are doing so in a business or professional capacity and not as a retail investor or consumer. Nothing on the Site is intended to solicit or market services to the general public.

4. Informational purposes only; no offer, advice, or reliance

The content of the Site is provided for general informational purposes only. Nothing on the Site:

• constitutes an offer, solicitation, recommendation, or invitation to enter into any transaction with XFX;

• constitutes investment, legal, tax, accounting, or other professional advice, or a recommendation that any transaction or strategy is suitable for any person; or

• creates any advisory, fiduciary, brokerage, dealing, or client relationship between you and XFX.

Any business relationship with XFX is established only through separate written agreements executed between XFX and an eligible institutional counterparty, and the terms of those agreements govern that relationship. You should not act, or refrain from acting, on the basis of any content on the Site without obtaining your own professional advice. 

5. No representations; forward-looking statements

Information on the Site, including any descriptions of our business, investors, or performance, is provided as of the date indicated or the date of posting and may not be current, complete, or accurate. The Site may contain forward-looking statements that are subject to risks and uncertainties, and actual results may differ. We undertake no obligation to update any information on the Site, and we make no representations or warranties as to its accuracy or completeness.

6. Availability and your responsibility for local law

The Site is operated from the United States. We make no representation that the Site or its content is appropriate or available for use in any particular jurisdiction. The Site and its content are not directed to any person in any jurisdiction where their publication or availability would be contrary to applicable law. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

7. Permitted use and restrictions

You may access and use the Site only for lawful business purposes and in accordance with these Terms. You agree not to: (a) use the Site in any way that violates applicable law or regulation; (b) attempt to gain unauthorized access to the Site or any systems or networks connected to it; (c) interfere with or disrupt the operation, integrity, or security of the Site; (d) introduce any malicious code; (e) use any automated means to scrape, harvest, or collect data from the Site except as expressly permitted; or (f) use the Site in any manner that could damage, disable, overburden, or impair it.

8. Intellectual property

The Site and all content, materials, text, graphics, logos, trademarks, service marks, and other intellectual property on it are owned by or licensed to XFX and are protected by applicable law. “XFX” and related names, logos, and marks are trademarks of XFX. Except as expressly permitted, you may not copy, reproduce, modify, distribute, publish, display, frame, create derivative works from, or otherwise use any content from the Site for any commercial or public purpose without our prior written consent. You may view and print pages from the Site for your own internal business reference, provided you do not remove any proprietary notices.

9. Third-party links

The Site may contain links to third-party websites or resources provided for convenience only. We do not control, endorse, or assume responsibility for any third-party website or its content, and your use of any third-party website is subject to that site’s own terms and policies.

10. Privacy

Your use of the Site is also subject to our Privacy Policy, which describes how we handle personal information collected through the Site.

11. Disclaimer of warranties

THE SITE AND ALL CONTENT ON IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, XFX DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE SITE.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, XFX AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR ANY CONTENT ON IT, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF XFX ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN OF THESE LIMITATIONS, WHICH MAY NOT APPLY TO YOU TO THAT EXTENT.

13. Indemnification

You agree to indemnify and hold harmless XFX and its affiliates and their respective directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to your misuse of the Site or your breach of these Terms or applicable law.

14. Governing law and jurisdiction

These Terms, and any dispute arising out of or relating to them or the Site, are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. You agree that the state and federal courts located in the State of Delaware will have exclusive jurisdiction over any such dispute, and you consent to the personal jurisdiction of those courts. To the fullest extent permitted by law, you and XFX waive any right to a trial by jury. Any claim arising out of or relating to the Site or these Terms must be commenced within one (1) year after the claim arose; otherwise, it is permanently barred.

15. Changes to these Terms

We may revise these Terms at any time by posting the revised version on the Site. Changes are effective when posted, and the “Effective date” above indicates when these Terms were last revised. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms.

16. Miscellaneous

These Terms, together with the Privacy Policy, constitute the entire agreement between you and XFX regarding the Site and supersede any prior understandings. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms without our prior written consent; we may assign them freely. Headings are for convenience only.

17. Contact

XFX Capital, Inc.

1395 Brickell Avenue, Suite 938, Miami, Florida 33131, USA

Attn: Legal 

Email: legal@xfx.io