Terms of Service -
End Users
Capital Preferences' Terms of Service for End Users is outlined below.
By using any Decision Games (defined below), you indicate that you have read, understood, and agree to be bound by these Terms of Service (“Terms”).These Terms form a legal contract between Capital Preferences Ltd. (“Capital Preferences”, “we” or “us”) and you (“you”). Capital Preferences may modify these Terms from time to time as described in Section 9 (Modifications to Terms) below.
1. Introduction. Thank you for using our Decision Games! “Decision Games” are interactive games designed to measure individuals’ estimated risk, time, ambiguity, distributional and other preferences through hypothetical tradeoff scenarios and similar exercises. Once you complete a Decision Game, Capital Preferences is able to score your preferences, as measured by the game, to create an individual profile for you (“Economic Fingerprint”). Any use of Decision Games and Economic Fingerprints is governed by these Terms.
2. Partners. Capital Preferences has business relationships with financial firms, media companies and other third parties (“Partners”). You may have learned about Decision Games from one of our Partners or, as referenced below, you may have opportunities to use Decision Games or Economic Fingerprints in conjunction with your own relationships with Partners. Nonetheless, however you learned about Decision Games, and however they are made available to you (whether by Capital Preferences or through a Partner, and whether through a website, mobile app or other means), their use remains subject to these Terms.
3. Using Decision Games
3.1 Account. To access Decision Games, you may need to create an account and register your name, email address, date of birth and a password. You must be at least 18 years old, and you are responsible for keeping your password secure and are responsible for any actions taken through your account.
3.2. Use of Decision Games. Subject to these Terms, you may access and use Decision Games and Economic Fingerprints solely (i) for your personal, non-commercial use or (ii) if applicable, in connection with your relationship with a Partner.
3.3. Restrictions. Your rights are non-exclusive, non-transferable and non-sublicenseable. You will not (or permit anyone else to): (i) use Decision Games or Economic Fingerprints on behalf of any third party or rent, lease, provide access to or sublicense them to any third party; (ii) reverse engineer, disassemble, decompile, or translate Decision Games; (iii) seek to discover any underlying models or methodologies of Decision Games or Economic Fingerprints, or access them to build a competitive product or service; or (iv) remove any copyright or proprietary notices contained in Decision Games or Economic Fingerprints.
4. Use of Data.
4.1. Privacy Policy. Capital Preferences may use and disclose your account information (see Section 3.1), Economic Fingerprints, and other information about your use of Decision Games in accordance with our Privacy Policy.
4.2. Sharing with Partners. In addition, Capital Preferences may share Economic Fingerprints with Partners or other third parties as authorized or enabled by you, including through any sharing functionality in Decision Games. Without limiting the disclaimers in Section 6.3 (Warranty Disclaimer), you are solely responsible for your decision to share your Economic Fingerprints with any Partners or third parties and your own relationships with them.
5. Ownership. Capital Preferences and its licensors retain all right, title and interest (including all intellectual property rights) in and to Decision Games and Economic Fingerprints and any and all related and underlying technology, marks, and documentation, including, without limitation, software, images, text, graphics, illustrations, logos, trademarks, service marks, patents, copyrights, and all intellectual property rights related thereto. If you submit any comments, suggestions or other feedback regarding Decision Games, Capital Preferences may freely exploit the feedback without restriction on account of intellectual property rights or otherwise.
6. Acknowledgement of Intellectual Property Rights
You acknowledge that all copyrights, patent rights, trademarks, services marks, trade secrets and other intellectual property rights relating to the use of all Capital Preferences products are the sole and exclusive property of Capital Preferences and may be covered by one or more Patent see Capital Preferences IP Listing.
7. Termination.
7.1. General. You may terminate these Terms at any time by ceasing all use of Decision Games. Capital Preferences may terminate these Terms or suspend your access to Decision Games and Economic Fingerprints at any time for any or no reason. Upon termination of these Terms: (i) your use rights under these Terms will automatically terminate; and (ii) you will have no further access to any Economic Fingerprints, which Capital Preferences may delete at any time. The following will survive termination: Section 3.3 (Restrictions) and Sections 4 (Use of Data) through 10 (General Terms).
7.2. Exception for Partner Relationships. If you are using Decision Games as part of your relationship with an authorized Partner of Capital Preferences, nothing in Section 6.1 (General) changes any valid, continuing right you have to use your Economic Fingerprints in that relationship.
7.3. Warranty Disclaimer. ALL DECISION GAMES AND ECONOMIC FINGERPRINTS ARE PROVIDED “AS IS”. NEITHER CAPITAL PREFERENCES NOR ITS LICENSORS MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. CAPITAL PREFERENCES DOES NOT WARRANT THAT YOUR USE OF DECISION GAMES WILL BE UNINTERRUPTED OR ERROR-FREE. CAPITAL PREFERENCES SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF CAPITAL PREFERENCES. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.
YOU UNDERSTAND THAT ECONOMIC FINGERPRINTS ARE GENERATED USING STATISTICAL MODELS AND METHODOLOGIES THAT HAVE INHERENT LIMITATIONS. AS SUCH, YOU AGREE THAT CAPITAL PREFERENCES MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF ECONOMIC FINGERPRINTS FOR ANY USE, INCLUDING TO MAKE INVESTMENT OR OTHER FINANCIAL DECISIONS. YOU ASSUME ALL RISK IN YOUR USE OF OR RELIANCE ON ECONOMIC FINGERPRINTS. NOTWITHSTANDING ANYTHING TO THE CONTRARY, CAPITAL PREFERENCES IS NOT RESPONSIBLE FOR THE ACTS, OMISSIONS, OFFERINGS OR ADVICE OF ANY PARTNER OR THIRD PARTY WITH WHOM YOU CHOOSE TO SHARE ECONOMIC FINGERPRINTS.
YOU FURTHER ACKNOWLEDGE THAT ECONOMIC FINGERPRINTS DO NOT CONSTITUTE FINANCIAL PRODUCT ADVICE OF ANY KIND.
8. Limitation of Liabilities. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CAPITAL PREFERENCES OR ITS LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY (I) FOR ANY LOST PROFITS, LOSS OF USE, LOST DATA, INTERRUPTION OF BUSINESS, FAILURE OF SECURITY MECHANISMS OR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES OR (II) IN ANY EVENT, FOR AMOUNTS EXCEEDING ONE HUNDRED DOLLARS (US$100). THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. You acknowledge that the foregoing limitations are an essential element of these Terms and a reasonable allocation of risk between the parties, and that in the absence of such limitations the other provisions in these Terms would be substantially different.
9. Indemnification. You shall indemnify, defend and hold harmless Capital Preferences from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with your use of Decision Games or Economic Fingerprints or any breach or alleged breach of these Terms.
10. Modifications to Terms. Capital Preferences may modify these Terms from time to time, with notice given to you by email or through our website. Any modifications will apply to any subsequent use of any Decision Games. You may be required to click to agree to the modified Terms in order to keep using Decision Games. In any event, subsequent use of Decision Games after the modifications take effect constitutes your acceptance of the modifications.
11. General Terms.
11.1. Assignment. You may not assign or transfer these Terms or any rights hereunder, and any attempted assignment or transfer in violation of the foregoing will be void. Capital Preferences may freely assign or transfer its rights or obligations hereunder at its sole discretion. These Terms will bind and inure to the benefit of each party’s permitted successors and assigns.
11.2. Governing Law; Dispute Resolution.
a) Direct Dispute Resolution. In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement, whether arising in contract, tort or otherwise, (“Dispute”), the parties shall first use their best efforts to resolve the Dispute. If a Dispute arises, the complaining party shall provide written notice to the other party in a document specifically entitled “Initial Notice of Dispute,” specifically setting forth the precise nature of the dispute (“Initial Notice of Dispute”). If an Initial Notice of Dispute is being sent to Capital Preferences it must be emailed to legal@capitalpreferences.com and sent via mail to: Capital Preferences, 148 New Dorp Lane, New York, NY 10306
Following receipt of the Initial Notice of Dispute, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interest, attempt to reach a just and equitable solution of the Dispute that is satisfactory to both parties (“Direct Dispute Resolution”). If the parties are unable to reach a resolution of the Dispute through Direct Dispute Resolution within thirty (30) days of the receipt of the Initial Notice of Dispute, then the Dispute shall subsequently be resolved by arbitration as set forth below.
b) Arbitration. IN THE EVENT THAT A DISPUTE BETWEEN THE PARTIES CANNOT BE SETTLED THROUGH DIRECT DISPUTE RESOLUTION, AS DESCRIBED ABOVE, THE PARTIES AGREE TO SUBMIT THE DISPUTE TO BINDING ARBITRATION. BY AGREEING TO ARBITRATE, THE PARTIES AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL. The arbitration shall be conducted before a single neutral arbitrator, before JAMS in San Francisco, California. The arbitration shall be administered by JAMS in accordance with this document and the JAMS Streamlined Rules and Procedures for the Arbitration, with one addition: The limitation of one discovery deposition per side shall be applied by the arbitrator, unless it is determined, based on all relevant circumstances, that more depositions are warranted. The arbitrator shall consider the amount in controversy, the complexity of the factual issues, the number of parties and the diversity of their interests and whether any or all of the claims appear, on the basis of the pleadings, to have sufficient merit to justify the time and expense associated with the requested discovery.
The arbitration will occur in San Francisco, California, but the parties may choose to appear by person, by phone, by another virtual means, or through the submission of documents.
The arbitrator will issue a ruling in writing. Any issue concerning the extent to which any dispute is subject to arbitration, the applicability, interpretation, or enforceability of this agreement shall be resolved by the arbitrator. To the extent state law is applicable, the arbitrator shall apply the substantive law of California.
All aspects of the arbitration shall be treated as confidential and neither the parties nor the arbitrators may disclose the content or results of the arbitration, except as necessary to comply with legal or regulatory requirements. The result of the arbitration shall be binding on the parties and judgment on the arbitrator’s award may be entered in any court having jurisdiction. The arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
c) Choice of Law and Jurisdiction. FOR ANY CLAIM WHICH IS NOT SUBJECT TO THIS DISPUTE RESOLUTION PROVISION, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN SAN FRANCISCO COUNTY, CALIFORNIA. IN ANY SUCH DISPUTE, CALIFORNIA LAW SHALL APPLY.
d) Construction and Joinder. THIS AGREEMENT MUST BE CONSTRUED AS IF IT WAS JOINTLY WRITTEN BY BOTH PARTIES. BOTH YOU AND CAPITAL PREFERENCES AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. NO ARBITRATION OR CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. IN THE EVENT OF ANY DISPUTE CONCERNING THE VALIDITY OR ENFORCEABILITY OF THIS PROVISION, SUCH CLAIM MUST BE ADJUDICATED BY A COURT AND NOT BY AN ARBITRATOR.
e) Injunctive Relief. Notwithstanding the above provisions, (i) Capital Preferences may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction and (ii) Capital Preferences may, in its sole discretion, bring any claim related to its intellectual property rights in the state and federal courts located within San Francisco County, California (and you agree to submit and consent to the personal and exclusive jurisdiction thereof), in which case California law will apply.
11.3. Capital Preferences Contact Information. If you have any questions, complaints or claims regarding Decision Games, please contact: Capital Preferences,148 New Dorp Lane, New York, NY 10306
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
11.4. Notice. We may send notices to your email on file or through Decision Games. All notices are effective upon delivery.
11.5. Entire Agreement. These Terms constitute the entire agreement between you and Capital Preferences related to Decision Games and supersede and cancel all previous written and oral agreements and communications relating to the subject matter of these Terms. If any provision of these Terms is held unenforceable, that provision will be enforced to the extent permissible by law and the remaining provisions will remain in full force. No provision of these Terms will be deemed waived unless the waiver is in writing and signed by Capital Preferences. Except as set forth in Section 9 (Modifications to Terms), all amendments to these Terms must be in writing and signed by both parties. In these Terms headings are for convenience only and “including” and similar terms will be construed without limitation.
11.6. Force Majeure. Capital Preferences will not be liable to you in any way whatsoever for any failure or delay in performance of any of its obligations under these Terms arising out of any event or circumstance beyond the reasonable control of Capital Preferences.
11.7. Subcontractors. Capital Preferences may use the service of subcontractors and permit them to exercise the rights granted to Capital Preferences in order to provide Decision Games under these Terms.
11.8. Export Control. Decision Games are subject to U.S. export control laws and regulations and may be subject to foreign export or import laws or regulations. You agree to comply strictly with all such laws and regulations and not to use or transfer Decision Games for any use relating to nuclear, chemical, or biological weapons or missile technology. You also represent and warrant that you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country and that you are not listed on any U.S. government list of prohibited or restricted parties.
11.9. Government End-Users. Decision Games include commercial computer software and commercial computer software documentation. If the user or licensee of Decision Games is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of Decision Games or any related documentation of any kind, including technical data and manuals, is restricted by a license agreement or by these Terms in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. Decision Games were developed fully at private expense. All other use is prohibited.