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Terms of Use

Last Updated: September 2026

1. Introduction

Welcome! The https://pctx.com website (both mobile and online versions) (the "Site"), including your use of its "Request a meeting" form, content, and other online services that we own and control and that post a link to these Terms (collectively with the Site, the "Service"), is operated by Cadence Group, Inc., a Delaware corporation (DBA Percent Technologies) (together with its Affiliates, "Percent Entities", "we" "our" or "us"). The Site is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein (these "Terms of Use" or "Terms"). You should carefully review these Terms prior to your use of the Site and retain a copy of these Terms for your records. Your use of the Site constitutes your agreement to these Terms.

For purposes of these Terms, "Affiliates" shall mean, with respect to a party, any business entity now or hereafter controlled by, controlling or under common control with such party. For purposes of this definition, control exists when an entity owns or controls directly or indirectly greater than fifty percent (50%) of the outstanding equity representing the right to vote for the election of directors or other managing authority of another entity.

We reserve the right at any time to change the terms and conditions set forth in these Terms of Use or change the Site or Services, including eliminating or discontinuing any features or functionality.

Any changes we make will be effective immediately upon the posting of new Terms of Use on the Site. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms of Use.

2. What the Service Is

The Service provides general information about PCTX and allows you to request a meeting with the Percent Entities. The Service is intended for professionals acting on behalf of institutions.

Access to PCTX is not provided through the Service. Any access to PCTX is subject to eligibility requirements, onboarding, and separate written agreements between you or your firm and the applicable Percent Entity, which are "Additional Terms" for purposes of these Terms and which govern if they conflict with these Terms.

Statements on the Service about future features, plans, or capabilities reflect our current intentions, are subject to change without notice, and may not occur.

3. Privacy

Your use of the Site is subject to our privacy policy (the "Privacy Policy"). Please review our Privacy Policy, which also governs the Site and informs you of our data collection practices. Our Privacy Policy is available here.

4. No Legal, Accounting or Tax Advice

The Percent Entities do not provide legal, accounting, tax advice or investment advice through the Service. Any representation or implication to the contrary is expressly disclaimed. You should consult your own legal, accounting, investment and tax experts before using the Service.

If You Want to Use the Service, then carefully read these entire Terms (including all links to details), as they constitute a written agreement between you and us and they affect your legal rights and obligations. Each time you access and/or use the Service (other than to simply read these Terms), you agree to be bound by and comply with these Terms and any Additional Terms (defined below) then posted. Therefore, do not use the Service if you do not agree.

The business realities associated with operating the Service are such that, without the limitations that are set forth in these Terms, such as your grants and waivers of rights, the limitations on our liability, and your indemnity of us – we would not make the Service available to you.

By accessing and/or using the Service, you agree to be bound by these Terms. In some instances, both these Terms and separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions will apply to your use of the Service or to a service or product offered via the Service (in each such instance, and collectively "Additional Terms"). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Additionally, certain features and services made available through the Service from time to time may be governed by different terms of use.

5. Important Notices Applicable to Your Use of the Service

It's important that you read the entire Terms but here are some of the more significant notices that we want to bring to your attention at the outset:

  • Neither the information nor any opinion expressed on the Service constitutes an offer by the Percent Entities to buy or sell any securities or financial instruments or provide any investment advice or related services. None of the Services shall be construed as an offer to buy, or the solicitation of an offer to sell, any securities.
  • The information provided on the Service may not be available to or suitable for you or your firm.
  • The opinions expressed on the Service do not constitute investment advice. Independent professional advice should be sought in all cases.
  • The Percent Entities do not offer legal advice. You are encouraged to seek legal counsel prior to using the Service.

6. Service Content, Ownership, Limited License and Rights of Others

  • Content. The Service contains a variety of: (i) materials and other items relating to and posted by the Percent Entities, and their products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the "look and feel" of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of the Percent Entities (collectively, "Trademarks"); and (iii) other forms of intellectual property (all of the foregoing, collectively "Content").
  • Ownership. The Service (including past, present, and future versions) and the Content are owned or controlled by the Percent Entities, our licensors and/or certain other third parties. All right, title, and interest in and to the Content available via the Service is the property of the Percent Entities or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. The Percent Entities own the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service. To the extent that you create any derivatives of any Content, you hereby assign to the Percent Entities all right, title and interest in and to such derivatives and all intellectual property right in the foregoing. No right, title or interest in or to any Percent Entity Content is granted, transferred or otherwise provided by these Terms of Use.
  • Limited License. Subject to your strict compliance with these Terms and any Additional Terms, the Percent Entities grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a "Device") for your internal business purposes in evaluating PCTX only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in the Percent Entities' sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.
  • Rights of Others. When using the Service, you must respect the intellectual property and other rights of the Percent Entities and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

7. Service and Content Use Restrictions

You are granted a non-exclusive, non-transferrable, revocable license to access and use the Site strictly in accordance with these Terms of Use. As a condition of your use of the Site, you warrant to the Percent Entities that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. Notwithstanding the generality of the foregoing, you may not: (i) use the Service for any political purpose or for advertising, soliciting funds, or selling products; (ii) use any meta tags or any other "hidden text" utilizing any Trademarks; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, bullying, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to the Percent Entities; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user's access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, the Percent Entities, or other users of the Service; (vi) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the User Content (defined below); (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (ix) otherwise violate these Terms or any Additional Terms.

You also agree that, in using the Service: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, "bot", spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors' products, services, or brands; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of the Percent Entities or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.

The Percent Entities may immediately suspend or terminate the availability of the Service and Content (and any elements and features of them), in whole or in part, for any reason, in the Percent Entities' sole discretion, and without advance notice or liability.

These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by the Percent Entities and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited.

8. Eligibility; Information You Submit

The Service is available only to individuals who are at least 18 years of age. You represent and warrant that you are at least 18 years of age and are of legal age to form a binding contract with the Percent Entities and that you are fully able and competent to enter into the terms and conditions set forth in these Terms. If you use the Service on behalf of a firm or other entity, you represent and warrant that you are duly authorized to act on its behalf. The Percent Entities may, in their sole discretion, refuse to offer the Service to any person or entity and the Percent Entities may, in their sole discretion, change its eligibility criteria at any time.

You affirm and agree that all information you provide to the Percent Entities through the Service, including through the "Request a meeting" form, is true, accurate, current, and complete, and that you will not submit information on behalf of, or in the name of, any other person without that person's authorization.

9. Feedback You Submit

General. The Percent Entities may now or in the future offer users of the Service the opportunity to post, upload, display, publish, distribute, transmit or otherwise make available on or submit through the Service, messages, text, files, comments, responses, information, content, results, reviews, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, "User Content"). The Percent Entities may allow you to do this through the "Request a meeting" form, email, and other communications functionality. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User Content and you remain ultimately responsible for it.

Non-Confidentiality of Your User Content. Except as otherwise described in the Service's posted Privacy Policy or any Additional Terms, you agree that: (a) your User Content (which, to be clear, does not include your personal information) will be treated as non-confidential – regardless of whether you mark them "confidential," "proprietary," or the like – and will not be returned; and (b) the Percent Entities do not assume any obligation of any kind to you or any third party with respect to your User Content. Upon the Percent Entities' request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms or any Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User Content may not be secure, and you will consider this before submitting any User Content and do so at your own risk. In your communications with the Percent Entities, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for websites, products or otherwise (collectively, "Unsolicited Ideas and Materials"). Any Unsolicited Ideas and Materials you post on or send to us via the Service are deemed User Content and licensed to us as set forth below. In addition, the Percent Entities retain all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. The Percent Entities' receipt of your Unsolicited Ideas and Materials is not an admission by the Percent Entities of their novelty, priority, or originality, and it does not impair the Percent Entities' right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

License to the Percent Entities of Your User Content. Except as otherwise described in any applicable Additional Terms, which specifically govern the submission of your User Content, you hereby grant to the Percent Entities, and you agree to grant to the Percent Entities, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. In order to further effect the rights and license that you grant to the Percent Entities to your User Content, you also hereby grant to the Percent Entities, and agree to grant to the Percent Entities, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted herein.

10. Notices and Questions

You agree that: (i) we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the homepage of the Service, or in another reasonable manner that we may elect; and (ii) we may contact you by mail or email sent to the address provided by you. If you have a question regarding using the Service, you may contact us at support@pctx.com. You acknowledge that the provision of support is at the Percent Entities' sole discretion and that we have no obligation to provide you with support of any kind.

All notices and communications to be given or otherwise submitted to the Percent Entities by you shall be deemed sufficient if sent by electronic mail to support@pctx.com (with a copy to be sent concurrently via prepaid certified mail to 909 Third Ave #968, New York, NY 10150).

11. Linked-To Websites; Advertisements; Dealings with Third Parties

Linked Services; Advertisements. The Site or Services may contain links to other websites ("Linked Sites"). Linked Sites are not under the control of the Percent Entities and the Percent Entities are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Percent Entities are providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by the Percent Entities of the site or any association with its operators.

12. Dispute Resolution

Mandatory Arbitration. Any controversy, dispute, allegation, or claim arising out of or relating to the Service, the Content, your User Content, these Terms, or any Additional Terms, or the breach, termination, enforcement, interpretation, or validity hereof or thereof, whether heretofore or hereafter arising, including, without limitation, the determination, scope, or applicability of the parties' agreement to arbitrate, shall be determined by arbitration in the county and state of the principal office of the applicable Percent Entities at the time of the dispute, before a sole arbitrator, in accordance with the laws of the State of New York for agreements made in and to be performed in New York. The arbitration will be administered by Judicial Arbitration and Mediation Services ("JAMS") pursuant to its Comprehensive Arbitration Rules and Procedures. Disputes will not be resolved in any other forum or venue. The parties agree that any arbitration will be conducted by a retired judge who is experienced in dispute resolution regarding the securities industry (or, if the main claim or cause of action pertaining to the dispute relates to intellectual property, in dispute resolution regarding the applicable type of intellectual property), pre-arbitration discovery will be limited to the greatest extent provided by the rules of JAMS, the arbitration award will not include factual findings or conclusions of law, and no special, incidental, consequential, exemplary, indirect, or punitive damages will be awarded. Notwithstanding any other rules, no arbitration proceeding brought against any Percent Entity or any indemnified person will be consolidated with any other arbitration proceeding without such Percent Entity's consent. Judgment may be entered upon any award granted in any arbitration in any court of competent jurisdiction in the county and state in which any Percent Entity maintains its principal office at the time the award is rendered, or in any other court having jurisdiction. The arbitrator shall, in the award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party, against the party who did not prevail.

No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce the arbitration provisions herein, and any attempt to do so, whether by rule, policy, arbitration decision, or otherwise, shall be invalid and unenforceable.

The arbitration provisions herein shall survive suspension, termination, revocation, closure, or amendments to the Service, the Content, your User Content, these Terms, or any Additional Terms and the relationship of the parties; and the bankruptcy or insolvency of any party. If any of these arbitration provisions (other than those pertaining to no class action dispute resolution) are deemed invalid or unenforceable, the remaining portions of these arbitration provisions shall nevertheless remain valid and full force and effect.

UNLESS AGREED TO OR ELECTED IN WRITING BY THE APPLICABLE PERCENT ENTITIES IN THEIR SOLE DISCRETION, NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE OR COLLECTIVE ACTIONS.

Attempt to Resolve Disputes. Notwithstanding the foregoing, prior to commencing arbitration, you and we agree to send a written notice to the other providing a reasonable description of the dispute, along with a proposed resolution. Our notice to you will be sent to you using the most recent contact information you provided us. If no such information exists or if such information is no longer current, then we have no obligation herein. Your notice to us must be sent via email to support@pctx.com. For a period of sixty (60) days from the date of receipt of notice from the other party, we and you will engage in good faith in a cooperative dialogue in order to attempt to resolve the dispute; provided, however, neither you nor us will be required to resolve the dispute unless such resolution is on terms mutually acceptable to us, in each of our sole discretion. If we cannot resolve a dispute as described herein within sixty (60) days of receipt of the notice, then each party irrevocably submits to the exclusive dispute resolution by binding arbitration as described in the immediately preceding section.

WAIVER OF LITIGATION AND JURY TRIAL. By accessing or using the Service, the Content, your User Content, these Terms, or any Additional Terms, each party is agreeing to have all disputes, claims, or controversies arising out of or relating to the Service, the Content, your User Content, these Terms, or any Additional Terms decided by neutral binding arbitration, and is giving up any rights it might possess to have those matters litigated in a court or jury trial. By accessing or using the Service, the Content, your User Content, these Terms, or any Additional Terms, each party is giving up its judicial rights to discovery and appeal except to the extent specifically provided for under these Terms or any Additional Terms and the rules of arbitration. If any party refuses to submit to arbitration after agreeing to this provision, that party may be compelled to arbitrate under federal or state law. By accessing or using the Service, the Content, your User Content, these Terms, or any Additional Terms, you confirm your agreement to these arbitration provisions are voluntary. THE PARTIES IRREVOCABLY WAIVE ANY RIGHTS THEY MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, CONTROVERSY, DISPUTE, OR CLAIM OF ANY NATURE RELATING TO OR ARISING OUT OF THE SERVICE, THE CONTENT, YOUR USER CONTENT, THESE TERMS, OR ANY ADDITIONAL TERMS. THE PARTIES ACKNOWLEDGE THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY.

Exculpation. No Percent Entity shall be liable for any expenses, losses, damages, or claims of any kind (including without limitation legal expenses and costs and expenses relating to investigating and defending any claims) (collectively, "Losses") in connection with or arising out of the Service, the Content, your User Content, these Terms, or any Additional Terms, except to the extent that such Losses are determined by arbitration in accordance with these Terms or, if such arbitration provisions have no applicability, by a court of competent jurisdiction in a final, nonappealable decision, to be the direct result of an act or omission taken or omitted by the applicable Percent Entity which constitutes gross negligence or bad faith of such Percent Entity.

Indemnity. By using or accessing the Service, and by consenting to these Terms, you agree to defend (at the Percent Entities' option), indemnify, and hold harmless the Percent Entities, their parent company, affiliates and subsidiaries, and each of their respective directors, officers, employees, shareholders, managers, agents, vendors, licensors, licensees, contractors, partners and suppliers, and successors and assigns from and against any and all liabilities, lawsuits, actions (civil, criminal, government or otherwise), claims, damages, losses, costs, investigations (such as by local, state and federal governmental agencies, including the SEC), judgments, fines, penalties, settlements, and expenses, including reasonable attorneys' fees, that directly or indirectly arise from or are related to: (i) your User Content; (ii) your use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) the Percent Entities' use of the information that you submit to us (including your User Content) (all of the foregoing, "Claims and Losses"). The Percent Entities reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Percent Entities in asserting any available defenses. Notwithstanding the foregoing, the Percent Entities retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of the Percent Entities.

Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU WANT TO ASSERT A DISPUTE AGAINST THE APPLICABLE PERCENT ENTITIES, THEN YOU MUST COMMENCE IT WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES — OR IT WILL BE FOREVER BARRED. Commencing means, as applicable, filing an action in state, federal or provincial court.

Injunctive Relief. The dispute resolution and mandatory arbitration provisions will not apply to any legal action taken by any Percent Entity to seek an injunction or other equitable relief in favor of such Percent Entity in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Service, any Content, your User Content or the Percent Entities' intellectual property rights, the Percent Entities' operations, or any Percent Entity's products or services.

No Class Action Matters. YOU AND THE PERCENT ENTITIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION, UNLESS WAIVED BY THE PERCENT ENTITIES IN THEIR SOLE DISCRETION. Disputes will be resolved only on an individual basis and will not be joined or consolidated with any other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any dispute to be resolved on a class action basis or on any basis involving disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated, unless waived by the Percent Entities in their sole discretion.

Governing Law. These Terms and any Additional Terms will be governed by and construed in accordance with, and any dispute will be resolved in accordance with, the laws of the State of Delaware, without regard to its conflicts of law provisions.

13. Disclaimer of Representations and Warranties

YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. Therefore, to the fullest extent permissible by law, the Percent Entities, any of their parent company and subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, the "Percent Parties"), hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

  • the Service (including the Content and the User Content);
  • the functions, features, or any other elements on, or made accessible through, the Service;
  • any products or services offered or referenced at or linked through the Service;
  • security associated with the transmission of your User Content transmitted to the Percent Entities via the Service;
  • whether the Service or the servers that make the Service available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
  • whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful, timely, or reliable;
  • whether any defects to, or errors on, the Service will be repaired or corrected;
  • whether your access to the Service will be uninterrupted;
  • whether the Service will be available at any particular time or location; and
  • whether your use of the Service is lawful in any particular jurisdiction.

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY THE PERCENT ENTITIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PERCENT ENTITIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

None of the information contained in the Site constitutes a recommendation, solicitation or offer by the Percent Entities to buy or sell any securities or other financial instruments or provide investment advice or service. The Percent Entities shall not be liable for any investment or business decisions made based upon Content or User Content. Users agree that any reliance upon any Content, User Content or information distributed through, posted on or accessed from the Service is at your sole risk. The Percent Entities are entitled to rely upon the information provided by its users. All information contained in the Service has been prepared without reference to any particular user's investment requirements or financial situation. The Service is not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority, regulatory or self-regulatory organization or clearing organization, or where the Percent Entities are not authorized to provide such information or services.

14. Limitations of Our Liability

TO THE EXTENT PERMITTED UNDER ANY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY OF THE PERCENT ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including, without limitation, personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages for any matters, claims, controversies, disputes, causes of action, or liabilities, including, without limitation, arising out of or in connection with:

  • the Service (including the Content and the User Content);
  • your use of or inability to use the Service, or the performance of the Service;
  • any action taken in connection with an investigation by the Percent Parties or law enforcement authorities regarding your access to or use of the Service;
  • any action taken in connection with copyright or other intellectual property owners or other rights owners;
  • any errors or omissions in the Service's technical operation; or
  • any damage to any user's computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.

The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the Percent Entities were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you. EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE PERCENT ENTITIES' TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID THE PERCENT PARTIES IN THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD TO ACCESS THE SERVICE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY US.

You further understand and expressly agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release and waiver are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." The releases hereunder shall apply to all claims not known or suspected to exist, with the parties' intent of waiving the effect of laws requiring the intent to release future unknown claims.

15. Waiver of Injunctive or Other Equitable Relief

If you claim that you have incurred any loss, damages, or injuries in connection with your use of the Service, then the losses, damages, and injuries will not be irreparable or sufficient to entitle you to an injunction or to other equitable relief of any kind. This means that, in connection with your claim, you agree that you will not seek, and that you will not be permitted to obtain, any court or other action that may interfere with or prevent the development or exploitation of any website, application, content, user content, product, service, or intellectual property owned, licensed, used or controlled by the Percent Entities (including your licensed user content) or a licensor of the Percent Entities.

16. Updates to Terms

These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the applicable services to which it applies, shall govern such use. AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SERVICE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICE UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE. Therefore, you should review the posted terms of use and any applicable Additional Terms each time you use the Service (at least prior to each submission). The Additional Terms will be effective as to new use as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms (and any applicable Additional Terms) that applied when you previously used the Service will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You agree that the means set forth in these Terms are all reasonable manners of providing you with notice. You can reject any new, revised or Additional Terms by discontinuing use of the Service and related services.

17. General Provisions

  • The Percent Entities' Consent or Approval. As to any provision in these Terms or any Additional Terms that grant the Percent Entities a right of consent or approval or permits the Percent Entities to exercise a right in its "sole discretion," the Percent Entities may exercise that right in its sole and absolute discretion. No opt-in consent or approval may be deemed to have been granted by the Percent Entities without being in writing and signed by an officer of the Percent Entities.
  • Operation of Service; Availability of Products and Services; International Issues. The Service is operated inside of the United States, and is intended for users located in the United States. The Percent Entities make no representation that the Service is appropriate or available for use beyond the United States. If you use the Service from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. We reserve the right to limit the availability of the Service and/or the provision of any content, program, product, service, or other feature described or available on the Service to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You and we disclaim any application to these Terms of the Convention on Contracts for the International Sale of Goods.
  • Publicity. You shall not, nor shall any of your affiliates or agents, without the express written consent of the Percent Entities, name or show the Percent Entities as a client, business partner, or otherwise in any advertising or marketing materials or other text, audio, visual or electronic media for public distribution.
  • Severability; Interpretation. If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word "including" is used in these Terms or any Additional Terms, the word will be deemed to mean "including, without limitation,". The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms.
  • Investigations; Cooperation with Law Enforcement; Termination; Survival. The Percent Entities reserve the right, without any limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any Additional Terms, (iii) investigate any information obtained by the Percent Entities in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any Additional Terms, and (vi) discontinue the Service, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to the Percent Entities under these Terms or any Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from the Percent Entities, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any Additional Terms (including the terms applicable to User Content), which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to the Percent Entities in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, and no class action.
  • Assignment. The Percent Entities may assign their rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of any of the Percent Entities.
  • No Waiver. Except as expressly set forth in these Terms or any Additional Terms: (i) no failure or delay by you or the Percent Entities in exercising any of rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced. For avoidance of doubt, nothing herein shall be construed to restrict the Percent Entities' right to amend these Terms or any Additional Terms as otherwise permitted in those agreements.
  • Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them.

18. Contact Us

Cadence Group, Inc. (DBA Percent Technologies)
909 Third Ave #968, New York, NY 10150
support@pctx.com