IMTC Terms of Service

These Terms of Service (“Terms”) constitute a legally binding contract between the Customer “User” and CBXmarket Inc. dba IMTC (“IMTC”) and set forth the terms and conditions that govern the use of the software services provided by IMTC (collectively, the “Services”). Should the user and IMTC enter into a licensing agreement for the use of IMTC’s Services, such an agreement will control the user’s relationship with IMTC. By accessing or using the Services, user accepts and agrees to be bound by these Terms. IMTC reserves the right, in its sole discretion, to change, modify, or otherwise alter these Terms at any time. Please review the Terms periodically. If user continues to use the Services after any such changes, with or without notice, user will be considered to have consented to them. IMTC also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof). IMTC shall not be liable to any Customer or third-party for any such modification, suspension, or discontinuance except as expressly provided herein.

License Grant, License Restrictions and Customer Obligations

User acknowledges and agrees that the Services are protected by copyright, trade secret, and other intellectual property laws. IMTC hereby grants user a limited, non-exclusive, nontransferable, and revocable license to access and make use of the Services, provided that the user complies with these Terms. user may not download, or modify any portion of this Services. The license to use the Services does not include any resale or commercial use of the Services or their contents; or any derivative use of this Services or its contents; or any use of data mining, robots or similar data gathering and extraction tools or processes. IMTC does not grant any license or other authorization to any Customer of any trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Service.

In consideration of the use of Services, user agrees: (a) not to provide, make available to, or permit other individuals to use or access the Services through user’s account and that user will be responsible for any unauthorized activity of the Services; (b) not to modify, translate, reverse engineer, decompile, disassemble, create derivative works, or otherwise attempt to derive the source code of the Services; (c) not remove any proprietary notices, marks or labels on the Services; (d) not license the Services if users are a direct competitor of IMTC or its affiliated entities for the purpose of monitoring the Service’s availability, performance, or functionality or for any other benchmarking or competitive purposes; (e) not use the Services to store or transmit infringing, libelous, unlawful, or tortious material or to store or transmit material in violation of third party privacy rights; (f) not use the Services to store or transmit malicious code; or (g) not to interfere with or disrupt the integrity or performance of the Services.

If any information provided by user is untrue, inaccurate, not current or incomplete, or if users share login information with third parties and allow them to access or use the Services through user’s subscription account, or if user violates these Terms in any other way, IMTC has the right to terminate user’s account and refuse any and all current or future use of the Services.

Fees and Payment

User acknowledges and agrees that the Services are provided on a subscription basis. All payments made under these Terms shall be in United States dollars. All payment schedules and prices are laid out in user’s Subscription agreement. If user fails to pay in accordance with the payment terms, or if user’s billing contact information is not accurate, current, or complete, and user fails to notify IMTC promptly when such information changes, IMTC shall be entitled, at its sole discretion to (a) suspend provision of the Services temporarily until user fulfill their obligations, or (b) terminate user’s account and refuse any further use of the Services.
IMTC may automatically renew user’s Subscription on an annual basis subscription unless the Services are cancelled before the end of the subscription period; or unless Services are terminated as per the Terms of this Agreement. Upon termination or cancellation of services, access to IMTC’s Services will be immediately revoked. User agrees that except as provided herein, the subscription is non-refundable once paid.

Third Party Provided Content

Current market data, including prices, quotes, ratings, and other financial information may be provided by ICE, S&P Capital IQ, TRACE, EMMA, Moody’s and others. Daily updates of prices and quotes are based on the end-of-day prices received from third-party data contributors at the close of previous trade day.

IMTC IS NOT IN THE BUSINESS OF PROVIDING LEGAL, FINANCIAL, ACCOUNTING, TAX OR OTHER PROFESSIONAL SERVICES OR ADVICE. MARKET QUOTES AND CERTAIN OTHER INFORMATION ON THIS SERVICES, AS WELL AS REFERENCE MATERIALS OR LINKS TO OTHER SERVICESS, ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED TO BE RELIED UPON AS INVESTMENT ADVICE. BEFORE MAKING ANY DECISION OR EXECUTING ANY TRANSACTION IN A SECURITY BASED ON INFORMATION FROM THIS SERVICES, USER SHOULD CONSULT WITH A COMPETENT FINANCIAL PROFESSIONAL TO DETERMINE WHETHER SUCH TRANSACTION IS APPROPRIATE FOR USER BASED ON USERR INDIVIDUAL INVESTMENT NEEDS AND TO VERIFY PRICING INFORMATION. NEITHER IMTC NOR ANY OF ITS DATA OR CONTENT PROVIDERS (INCLUDING BUT NOT LIMITED TO ICE, S&P CAPITAL IQ, TRACE, EMMA, MOODY’S, OR OTHERS) GUARANTEES THE ACCURACY, COMPLETENESS, OR TIMELINESS OF INFORMATION ON THIS SERVICES, AND THEY SHALL NOT BE LIABLE FOR ANY ERRORS OR DELAYS IN THE CONTENT OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON.

Disclaimer of Warranties

The use of the Services, including any applets, software, and content contained therein, is entirely at user’s own risk. THE SERVICES ARE PROVIDED “AS IS”, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IMTC, ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY “SUPPLIERS”) DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE SERVICES AND RELATED MATERIALS INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON-INFRINGEMENT. IMTC DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE SERVICES, REGARDLESS OF WHO ORIGINATES THAT CONTENT. IMTC DOES NOT WARRANT THAT THE SERVICES IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE SERVICES WILL MEET USER REQUIREMENTS. USER EXPRESSLY UNDERSTANDS AND AGREES THAT USERS BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THE SERVICES AND THEIR CONTENT. IMTC IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.

Termination and Indemnification

Any requests for termination of services must be submitted in writing 60 (sixty) days prior to the next billing cycle with the cancellation itself going into effect in accordance with the User’s subscription agreement. Any verbal or implied references to termination are not enforceable without written notice to the same effect. The User explicitly acknowledges and agrees that the failure to furnish timely notice of cancellation before the issuance of the invoice shall render the User accountable for the full invoice amount. This liability is in addition to any other charges or fees as specified under the User’s subscription agreement. User must settle any outstanding balances with IMTC within 30 days.

User’s privilege to use or access the Services may be terminated by IMTC immediately and without notice if user fails to comply with any term or condition of the Terms. Upon such termination, user must immediately cease accessing or using the Services and agree not to re-register or otherwise make use of the Services. Furthermore, User acknowledges that IMTC reserves the right to take action — technical, legal or otherwise — to block, nullify or deny user’s ability to access the Services. users understand that IMTC may exercise this right in its sole discretion.

General

Relationships. The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. Nothing in these Terms creates an exclusive relationship or in any way prevents IMTC from entering into similar arrangements with or providing similar services to other entities, including, without limitation, other similar customers.
Data Usage. By use of our services, user understand and acknowledge that IMTC is free to use some or all of the data, information, techniques, methodologies, forms, or calculations of any of the products or services provided by IMTC hereunder in providing products or services to other customers and nothing in these Terms shall be construed to limit IMTC’s right to do so.
Customer Confidential Information. IMTC recognizes that user may provide Confidential, Personal, or otherwise Sensitive Non-Public Information. To protect this Confidential Information, IMTC shall:

1. keep the Customer Confidential Information strictly confidential;
2. not disclose the Customer Confidential Information to any person without the Customer’s prior written consent, and then only under conditions of confidentiality approved in writing by the Customer;
3. use the same degree of care to protect the confidentiality of the Customer Confidential Information as IMTC uses to protect IMTC’s own confidential information of a similar nature, being at least a reasonable degree of care; and
4. act in accordance with confidentiality clauses laid out in user’s subscription agreement.
5. act in good faith at all times in relation to the Customer Confidential Information.

Notwithstanding, a Customer’s Confidential Information may be disclosed as necessary to conduct regular operations to IMTC’s officers, employees, professional advisers, insurers, agents and subcontractors who have a need to access the Confidential Information that is disclosed for the performance of their work and who are bound by a written agreement or professional obligation to protect the confidentiality of the Confidential Information that is disclosed.

Additionally, Confidential Information may be required to be disclosed by any law or regulation, or by any judicial or governmental order or request. If IMTC is compelled to disclose any confidential Information, IMTC shall provide subscriber with reasonable notice and an opportunity to protect user Confidential Information from such a compelled disclosure, to the extent it is practicable and legally possible to do so.

Third Parties. If users use any third-party service with the Services (including services that may use any application programming interface (API) provided by IMTC), the Customer acknowledges that the third-party service may access or use users information. IMTC will not be responsible for any act or omission of the third-party, including such third-party’s use of user’s information. User agrees to contact the third-party service provider for any issues arising from user’s use of the third-party service.

Compliance with Applicable Laws. The Services are protected by intellectual property laws and other laws of the United States and international laws and treaties, including intellectual property and export laws. Customer agrees that it shall use the Services and shall perform all obligations under these Terms in a manner that complies with all applicable laws applicable to Customer and its use of the Services and any published documentation, including, but not limited to, any and all contractual, statutory, or common law rights and obligations and applicable restrictions concerning intellectual property rights. The Services provided to Customer hereunder may be subject to U.S. control laws and regulations and may also be subject to other applicable import and export laws. Customer agrees that it shall abide by all applicable export control laws, rules and regulations applicable to its use of the Services. No software from the Services may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Services, Customer represents and warrants that he is not located in, under the control of, or a national or resident of, any such country or on any such list.

Waiver

No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right. The waiver of any breach or provision of these Terms will not be deemed a waiver of any different or subsequent breach.

Governing Law; Venue

These Terms are governed by and will be construed using the laws of New York, without giving effect to conflict of law provisions or to constructive presumptions favoring either party, except that the Uniform Computer Information Transactions Act shall not apply to these Terms. All actions arising out of or relating to these Terms will be heard and determined exclusively by the state and federal courts located in the Southern District of New York and the parties hereby consent to and waive any objections with respect to such jurisdiction and venue.

Severability

The provisions of these Terms are severable. In the event that any provision or portion thereof is found by any court to be invalid or otherwise unenforceable, the remainder of the Terms will not be affected, and the parties consent to such court’s substitution of a valid and enforceable term that approximates the intent and effect of such invalid or unenforceable provision or portion.

Last updated: January 2024