Terms of Use
Last Updated: January, 2025
These Terms of Use (the “Terms”) govern your use of www.getcalico.xyz (this “website”). In continuing to access or use this website, you agree to be bound by these terms and conditions. If you are accessing this website in connection with your employment, you also accept these Terms on behalf of your employer. Review the Terms carefully prior to use and each time you return as these Terms are subject to change.
Scope
(a) Calico™ is a standalone brand representing a subset of services provided by Calico Digital Assets LLC (“Calico”). Rights granted to and limits on obligations of Calico under these Terms of Use apply as well to other affiliates of Calico.
(b) This website is operated by Calico, who may modify these Terms at any time without notice to you, except where required by law. The most current version of the Terms can be reviewed by clicking on the “Terms of Use” link located at the bottom of this website. Any continued use of the website after such modifications shall constitute acceptance by you of such changes.
(c) Certain sections of this website may contain separate terms and conditions, which are in addition to these Terms. You should read those additional terms and conditions carefully. By accessing such sections or pages, you agree to be bound by those terms and conditions. In the event of a conflict, those additional terms and conditions will govern your use of those sections or pages.
Information for Non-U.S. Users; User Representations
(a) This website is intended to be made available only to individuals in the United States, and the information on this website is only for persons in the United States. Nothing on this website shall be considered a solicitation to buy or an offer to sell a security, or any other product or service, to any person in any jurisdiction where such offer, solicitation, purchase, or sale would be unlawful under the laws of such jurisdiction.
(b) Each time you access this website for any purpose, you shall be deemed to represent, warrant and covenant to Calico that you are not (x) located outside of the U.S., (y) located in, or a national, resident or associated with the government of, any country that is subject to U.S. trade sanctions, or (z) on any U.S. prohibited party list or acting on behalf of or owned or controlled by any person or entity on any such list.
Limitations Regarding Information Presented
(a) This website is not intended to provide legal, compliance, investment, tax, or insurance advice. You should consult your legal, compliance, investment, tax, or insurance professional regarding your specific situation.
Privacy of Information
(a) At times on this website, you may be asked to enter your contact information. All such information may be accessible to Calico personnel, is subject to possible retention, and may be used and shared consistent with Calico’s Privacy Policy, which can be accessed via the link at the bottom of this page.
Copyright and DMCA Copyright Agent Information
(a) This website is protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-on this website, including any text, graphics, video, audio, software code, user interface design or logos.
(b) If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Calico with the following information:
A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works.
An identification of the allegedly infringing material, and a description of where that material is located on this website.
Your address, telephone number, and email address.
A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner.
Your physical or electronic signature as the owner, or a person authorized to act on behalf of the owner, of the copyright allegedly infringed.
Calico’s Agent for Notice of claims of copyright infringement can be reached as follows: By mail: Calico Digital Assets LLC, ATTN: Copyright Agent, Legal Department, 245 Summer Street, Boston, MA 02210 – By phone: (617) 563-9840 – By email: CopyrightClaim@fmr.com.
Linking to This Website
(a) Unless you and Calico have agreed otherwise in writing, links from another web site to this website must resolve to the top-level homepage of www.getcalico.xyz. In order to avoid confusion if you do link from another web site to the top-level homepage of www.getcalico.xyz, your web site, and the link itself, may not suggest that Calico endorses, sponsors or is affiliated with any non-Calico web site, entity, service or product, and may not make use of any Calico trademarks or service marks other than those contained within the text of the link.
Trademarks
(a) All trademarks and service marks on this website belong to Calico or an affiliate, except third party trademarks and service marks, which are the property of their respective owners as discussed below.
Third Party Content
(a) This website may include general news and information, commentary, research reports and data concerning the financial markets, and other subjects. Some of this content is supplied by companies that are not affiliated with Calico or any of its affiliates (“Third Party Content”). The Third Party Content is protected by copyright pursuant to United States laws and international treaties and is owned or licensed by the Third Party Content Provider(s) (“Third Party Content Providers”) credited. You acknowledge and agree that the Third Party Content is and shall remain valuable intellectual property owned by the Third Party Content Providers, and that no proprietary rights are being transferred to you with respect to such content. Any use by you of such Third Party Content beyond the scope of the services provided to you by Calico generally requires a license from the Third Party Content Provider, along with an associated fee based on usage.
(b) Calico does not guarantee the accuracy, timeliness, completeness, or usefulness of Third Party Content, and is not responsible or liable for any content, advertising, products, or other materials on or available from third party sites. You will use Third Party Content only at your own risk.
(c) Third Party Content shall not be distributed or redistributed in any manner by you or your agents. To the extent Calico provides Third Party Content to you or an agent, including a third party service provider you have designated for receipt of such Third Party Content, your receipt and use and that of your agent is subject to certain terms and conditions required by the providers of such Third Party Content (the “Third Party Terms”). Pursuant to these Terms and such Third Party Terms, you understand and acknowledge that you and your agents, inclusive of any third party service providers, are prohibited from distributing, redistributing, exporting to, downloading, providing access to, directly or indirectly, or otherwise transferring Third Party Content received from Calico to any party, including but not limited to, any other service provider or vendor. You shall be liable and responsible to Calico for any actions or omissions, including any unauthorized or inadvertent receipt, use or misuse of Third Party Content by you or your agent in violation of these Terms, the Third Party Terms, or any other obligations that are made to Calico by you.
(d) Use or disclosure of any Third Party Content in any manner inconsistent with these Terms, the Third Party Terms or any other obligations that are made to Calico by you may result in immediate and irreparable harm to Calico and/or the providers of the Third Party Content and any remedies at law in such event may not be adequate. Accordingly, in addition to all other remedies available at law or in equity, Calico and its Third Party Content Providers shall have the right to seek equitable and injunctive relief, without the necessity of proving actual damages and without posting a bond, to prevent such unauthorized, negligent, or inadvertent use or disclosure, and to recover the amount of all such damages (including attorneys’ fees and expenses) incurred in connection with such use or disclosure. Additionally, Calico is not waiving or purporting to waive any rights that the Third Party Content Providers may have to pursue any and all claims against you or your agents in connection with the unauthorized use or disclosure of Third Party Content.
(e) Calico, in its sole discretion, reserves the right to immediately, without notice, suspend or terminate your or your agents’, including your third party service providers’, access to, or your or your agents’ right to use, the Third Party Content. You agree that upon termination or suspension of such access or use or upon the termination of your relationship, you shall cease and shall cause all of your agents to cease all use of and delete or purge any and all of the Third Party Content. Calico will not be liable to you for any modification or discontinuance of such access to the Third Party Content whether as a result of Calico’s suspension or termination of the Third Party Content, your relationship with Calico, or for any other reason.
(f) You agree that the foregoing terms and conditions shall survive any termination of your or your agents’ right of access to the Third Party Content.
Timeliness of Content
(a) All content on this website is presented only as of the date and time published or indicated and may be superseded by subsequent market events or for other reasons. Users are cautioned not to place undue reliance on any forward-looking statements (indicated by language such as “believe”, “anticipate”, “expect” or similar words), which were based on information available at the time they were made. Calico undertakes no obligation to update publicly or revise any dated, forward-looking, or other statements.
Accuracy of Content
(a) ALTHOUGH CALICO TRIES TO INCLUDE ACCURATE AND TIMELY INFORMATION ON THE CALICO SITES, THERE MAY BE INADVERTENT INACCURACIES AND ERRORS, AND NEITHER CALICO NOR ITS THIRD PARTY CONTENT PROVIDERS WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THIS WEBSITE OR ANY INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER CALICO OR THIRD PARTY CONTENT ON THIS WEBSITE.
(b) CALICO MAY CHANGE THIS WEBSITE AND ANY CONTENT THEREON AT ANY TIME WITHOUT NOTICE, BUT CALICO DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED OR THAT THEY WILL BE CORRECTED IN A TIMELY MANNER.
Prohibited Uses and Termination of Access
(a) You may use this website only as permitted by law.
(b) You may use this website only for personal, non-commercial purposes.
(c) You may not use this website in any manner that could damage or overburden any Calico server, or any network connected to any Calico server. Do not use this website in any manner that would interfere with any other party’s use of this website. Do not introduce, nor permit any person to introduce into this website, any code or malicious or hidden mechanisms that would impair the operation of this website, or of Calico’s computers, networks, or other devices of software.
(d) You may not access the Calico sites through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved or made available by Calico.
(e) No content made available on this website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Calico.
(f) Calico may terminate or suspend your access to this website for any violation of the provisions of this paragraph or for any reason whatsoever at its sole discretion and without prior notice.
Security of Electronic Communications
(a) Electronic (including wired and wireless) communications to or from Calico may not be encrypted. You acknowledge that there no guarantee that data, including e-mail, electronic and wireless communications, and personal data, will not be accessed by unauthorized third parties when communicated between you and Calico or between you and other parties.
DISCLAIMER OF WARRANTIES
(a) NEITHER CALICO NOR ITS THIRD PARTY CONTENT PROVIDERS MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THIS WEBSITE OR ANY THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THIS WEBSITE AND ALL THIRD PARTY CONTENT IS MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE”.
(b) CALICO DOES NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED, OR SECURE. IF YOU DOWNLOAD ANY MATERIALS FROM THIS WEBSITE, YOU DO SO AT YOUR RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS.
(c) NEITHER CALICO NOR ITS THIRD PARTY CONTENT PROVIDERS WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF THIS WEBSITE, INCLUDING THIRD PARTY CONTENT, WILL BE ACCURATE OR RELIABLE, OR THAT THIS WEBSITE OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR NEEDS OR EXPECTATIONS.
(d) IF YOU LIVE IN A STATE THAT DOES NOT ALLOW WARRANTIES TO BE LIMITED OR DISCLAIMED, SOME OR ALL OF THESE PROVISIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
(a) NEITHER CALICO NOR ANY THIRD PARTY CONTENT PROVIDER WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND, WHETHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, INDIRECT OR OTHERWISE. CALICO AND ITS THIRD PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM LIABILITY FOR LOST PROFITS OR, TRADING LOSSES, AND ANY DAMAGES THAT RESULT FROM USE OF OR LOSS OF USE OF THIS WEBSITE AND MATERIALS ON THIS WEBSITE (WHETHER PROVIDED BY CALICO OR THIRD PARTIES). THIS DISCLAIMER OF LIABILITY APPLIES EVEN IF CALICO AND/OR ITS THIRD PARTY CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
(b) CALICO WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH CALICO DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE, AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.
(c) IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF THE LIMITATIONS OF LIABILITIES OR REMEDIES IN THESE TERMS ARE DETERMINED BY A COURT TO NOT APPLY TO YOU OR TO BE UNENFORCEABLE FOR ANY REASON, THEN YOU EXPRESSLY AGREE THAT THESE PROVISIONS WILL BE CONSTRUED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW AND THAT UNDER NO CIRCUMSTANCES WILL THE TOTAL, AGGREGATE LIABILITY OF CALICO AND ALL THIRD PARTY CONTENT PROVIDERS FOR ANY CAUSE WHATSOEVER RELATING TO THIS AGREEMENT, THIS WEBSITE, OR ANY CALICO OR THIRD PARTY CONTENT ON THIS WEBSITE, EXCEED $100.
Indemnification
(a) As a condition of your use of this website, you agree to indemnify and hold Calico and its affiliates and its Third Party Content Providers harmless from and against any and all claims, losses, liability, costs, and expenses (including but not limited to attorneys’ fees) arising from your misuse of this website or any Calico or Third Party Content on this website, or from your violation of these Terms.
Governing Law
(a) These Terms and their enforcement are governed by the laws of the Commonwealth of Massachusetts, without regard to conflicts of law, and shall inure to the benefit of Calico’s successors and assigns, whether by merger, consolidation, or otherwise.
Severability
(a) If a court of competent jurisdiction deems any provision of these Terms to be unenforceable or in conflict with applicable laws, rules, or regulations, either present or future, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
Contact Us
(a) For questions about these Terms or other concerns or inquiries, please contact us via email at calico@fmr.com.