Armanino LLP Terms of Use

Last Updated: January 20, 2020

Welcome to the Trusted Node (the “Trusted Node”). You are now reading our Terms of Use (“Terms”). Please read these Terms carefully because they are an agreement between you and Armanino LLP (“Armanino,” “we,” or “us”), for your use of our Trusted Node service portal and API connection located at trusted-node.trustexplorer.io (the “Site”) and related services accessible via our Site. The Site and services accessible there are collectively referred to in these Terms as the “Services”.

  1. Agreement to Terms. We are willing to provide the Services to you as our “User” only upon the condition that you accept all the terms contained in these Terms. By applying for an API account and utilizing the service to obtain account balance, transaction and/or other available data, you agree to be bound by the Terms and to the collection and use of your information as set forth in our Privacy Policy at https://www.armaninollp.com/privacy-policy/. If you are agreeing to these Terms on behalf of a company, you represent that you have the authority to accept these Terms on behalf of the company and to bind the company to these Terms. In that case, “you” and “your” will refer to the company. If you do not agree with all of these Terms, then you must not accept them and you are not permitted to use the Services.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND ARMANINO THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 18 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

  1. Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms to the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 18(g) “Effect of Changes on Arbitration,” you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
  2. Who May Use the Services? You may use the Services only if you are 18 years or older. You agree to use the Services in compliance with these Terms, and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Services by anyone under 18 is strictly prohibited. The Services are not available to any users of the Services previously removed from the Services by Armanino. You hereby agree that you will not share API credentials with other users and that you are not using a shared credential granted to another individual. Your access is revocable, non-exclusive and non-transferable.
  3. Information and Privacy. We collected limited personal data or personally identifiable information. We intend to collect only the minimum amount of data necessary to offer a robust, secure and available Service. Thus, we collect your contact information for purposes of granting you access to the API service. Your account information, once authorized, can be viewed by viewing the Account page within the Service. Additionally, we collect some cookie information from your web browser to ensure a quality user experience. Our use and processing of your information is limited to actions necessary to provide the Services to you; we do not use such personal data for marketing or other purposes. We do not sell or share your data and we take all commercially reasonable efforts to protect it from unauthorized use and/or disclosure. For more information about our Privacy Policy and how we use and process your information, please visit: https://www.armaninollp.com/privacy-policy/
  4. General Disclaimers.

    YOUR USE OF OUR SERVICES IS ENTIRELY AT YOUR OWN RISK. THE CONTENT ON THE SERVICE IS STRICTLY FOR INFORMATIONAL PURPOSES. NOTHING ON OR IN THE SERVICE SHALL CONSTITUTE OR BE CONSTRUED AS AN OFFERING OF ANY CURRENCY OR ANY FINANCIAL INSTRUMENT OR AS INVESTMENT ADVICE OR INVESTMENT RECOMMENDATIONS (SUCH AS RECOMMENDATIONS AS TO WHETHER TO PURCHASE A CURRENCY OR INSTRUMENT) BY US OR A RECOMMENDATION AS TO AN INVESTMENT STRATEGY BY US. CONTENT ON THIS SERVICE SHOULD NOT BE CONSIDERED AS INFORMATION SUFFICIENT UPON WHICH TO BASE AN INVESTMENT STRATEGY. UNLESS EXPRESSLY STATED OTHERWISE, NO CONTENT ON THE SERVICE IS TAILORED TO THE SPECIFIC NEEDS OF ANY INDIVIDUAL, ENTITY OR GROUP OF INDIVIDUALS WE EXPRESS NO OPINION AS TO THE FUTURE OR EXPECTED VALUE OF ANY CURRENCY (INCLUDING CRYPTOCURRENCY), OR OTHER INTEREST. WE DO NOT EXPLICITLY OR IMPLICITLY RECOMMEND OR SUGGEST ANY INVESTMENT STRATEGY OF ANY KIND. ARMANINO DOES NOT AUTHORIZE USE OF CONTENT ON THE SERVICE INCLUDED BUT NOT LIMITED TO PROGRAMMATIC API CONNECTIONS TO BE INTEGRATED WITH THIRD-PARTY APPLICATIONS OF ANY KIND WITHOUT EXPRESS WRITTEN CONSENT TO SUCH USE.

    THE CONTENT PROVIDED ON THE SERVICE TO USERS THROUGH A USER’S AUTHORIZED API ACCOUNT, AND QUERIES INITIATED BY THAT USER, ORIGINATES FROM TRANSACTIONS COMPLETED BY UNAFFILIATED THIRD PARTIES. WE DO NOT REVIEW, AUDIT, OR OTHERWISE HAVE AN ABILITY TO VERIFY THE PURPOSE OF, ACCURACY, COMPLETENESS OF, INTENDED AMOUNT OF, CONSIDERATION FOR, OR LEGALITY OF ANY TRANSACTION TAKING PLACE ON THE HEDERA HASHGRAPH MAIN NET. THUS, WE DO NOT REVIEW CONTENT FOR COMPLETENESS OR ACCURACY, MAKE WARRANTIES OR GUARANTEES REGARDING THE COMPLETENESS, ACCURACY, RELIABILITY AND OTHER ASPECTS OF HASHGRAPH DATA.

    YOU ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR ANY LOSS DUE TO ANY FINANCIAL OR PERSONAL DECISION YOU TAKE RELATED TO YOUR USE OF OUR SERVICES, OR ANY LOSS DUE TO INACCURATE INFORMATION THAT WE RECEIVE FROM YOU OR ANY THIRD PARTY RELATED TO YOUR USE OF OUR SERVICES. OUR SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE.” WE MAKE NO WARRANTY OR PROVIDE ANY ASSURANCE REGARDING THE SUITABILITY OF THE SERVICE OR ANY CONTENT FOR YOUR PARTICULAR PURPOSE. WE MAKE NO REPRESENTATIONS THAT THE SERVICE OR CONTENT WILL BE UNINTERRUPTED OR OPERATE IN COMBINATION WITH ANY SOFTWARE, SERVICE, SYSTEM OR OTHER DATA OR INFORMATION.

    ARMANINO DOES NOT ASSUME ANY RESPONSIBILITY FOR AUDITING AND/OR OTHERWISE CONFIRMING THE ACCURACY, VERACITY, NATURE, AMOUNT, LEGALITY, OR OTHER CONDITIONS OF THE TRANSACTIONS AND OTHER DATA REFLECTED IN THE SERVICE, WHICH IS INTENDED TO SIMPLY PROVIDE A COPY OF HEDERA HASHGRAPH’S HISTORICAL ENVIRONMENT FOR VALIDATING TRANSACTION AND BALANCE DATA TO AUTHORIZED API ACCOUNT HOLDERS (ENTERPRISE HEDERA HASHGRAPH ECOSYSTEM PARTICIPANTS AND THEIR AUDITORS AND CONSULTANTS). ARMANINO DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY CONDITIONS INITIATED BY ECOSYSTEM USERS, AND CONFIRMED BY VALIDATORS, INCLUDING CONDITIONS IN THE UNDERLYING TRANSACTIONS SUCH AS FRAUD, MISTAKE, INACCURACIES, AND THE LIKE, CONTAINED IN THE HEDERA HASHGRAPH LEDGER WILL BE REPLICATED TO THE ARMANINO DATABASE AND INCLUDED IN THE SERVICE. ARMANINO SHALL HAVE NO OBLIGATION OR ABILITY TO DETECT SUCH CONDITIONS, INCLUDING FRAUD.

    ARMANINO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE AND THE CONTENT NOT SPECIFICALLY ENUMERATED HEREIN, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE TITLE, AND NON INFRINGEMENT.

  5. No Professional Advice. The information provided via the Service does not constitute investment advice, financial advice, trading advice, or any other sort of advice and you should not treat any of the website's content as such. Armanino does not recommend that any cryptocurrency should be bought, sold, or held by you. Do conduct your own due diligence and consult your financial advisor before making any investment decisions. The information presented on this site shall not be construed as legal, tax, advisory, assurance, business, investment, legal, accounting, or any professional advice and should not be acted upon without further professional advice. The information presented is not intended to address the circumstances of any particular individual or corporation. You should consult with one of our professionals in the respective audit, advisory, tax or other professional area to obtain such services.
  6. Accuracy of Information. Armanino will strive to ensure the accuracy of the information listed on this website, including information provided in response to API queries by valid API Account Holders; however,Armanino will not hold any responsibility for any missing or incorrect information. All information is provided "as is." Armanino assumes no liability for any errors or omissions in the Service. In no event will we, or our partners, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this site or for any consequential, special or similar damages, even if advised of the possibility of such damages. You understand that you are using any and all information available here at your own risk.
  7. Services Functionality. Subject to these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services as permitted by the features of the Services. We reserve all rights not expressly granted herein in the Services and the Content (as defined below).
  8. Source of Information. The information is derived from a full archival file store representing all transaction files and balance snapshot files on the Hedera Hashgraph Directed Acyclic Graph (DAG) network since inception of the main network. We collect this data using a read-only mirror node software developed by Hedera Hashgraph. Armanino does not and has not acted as a validator node confirming transactions on the Hedera Hashgraph or other supported blockchain network.
  9. Service Rules. Subject to any applicable law and the remaining Terms, you agree not to engage in any of the following prohibited activities in connection with your use of the Services: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the Armanino servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Armanino grants the operators of public search engines revocable permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid information, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
  10. Terminating our Services. We may terminate or suspend your use of our Services subject to these Terms without notice in whole or in part for any violation of these Terms. We may terminate your use of our Services at any time. Upon termination for any reason or no reason, you continue to be bound by the following Sections: 1,2,4, 5,7(d),7(e), 9,10,13-16.. If you wish to terminate your API account and have us remove your account information from our systems, you can do so at any time by contacting us at teadmin@armaninollp.com.
  11. License and Ownership Rights.
    1. Your License. You may only use the Service as expressly permitted by these Terms. All rights not expressly granted to you are reserved by Us. Except as specified elsewhere in these Terms, the Services and all materials, software, and content therein (the “Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Armanino and/or Hedera Hashgraph. You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by us and such third parties through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes our valuable intellectual property. Accordingly, you shall protect our proprietary rights in the Service during and after the term of this agreement and comply with all reasonable written requests made by us to protect its and others’ contractual, statutory, and common law rights in the Service. Use of the Content for any purpose not expressly permitted by these Terms is strictly prohibited.
      Except for the foregoing license, you have no other rights to the Service or any Content, and you may not modify, edit, copy, distribute, reproduce, publish, display, perform, license, sell, rent, lease, loan, create derivative works of, create any index, reverse engineer, alter, enhance, provide access to or in any way exploit the Service or Content in any manner.
      If you breach any of these Terms, the above license will terminate automatically.
    2. Ownership Rights. Subject to these Terms, you may view, print and make copies of Content for your own personal use. You may not, and shall not, copy, reproduce, download, "screen scrape", store, transmit, broadcast, publish, modify, create a derivative work from, display, perform, distribute, redistribute, sell, license, rent, lease or otherwise use, transfer (either in printed, electronic or other format) or exploit any Content, in whole or in part, in any way that does not comply with these Terms without our prior written permission. To request permission to use any Content other than as expressly permitted in these Terms, please contact teadmin@armaninollp.com.
      As between us and you, all Content is owned or controlled by us. Except as noted below, all other product or service names or slogans displayed on the Service are registered and/or common law trademarks of Armanino LLP or its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission. In addition, the look and feel of the Service, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Armanino and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Armanino. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Armanino. Nothing contained in these Terms grants you any interest in any of Armanino’s or any third-party's intellectual property. The use or misuse of Armanino’s trademarks or other intellectual property, except as expressly permitted by these Terms, is prohibited. You acknowledge that Armanino and/or its providers own the copyright in and to all Content under the laws of the United States and other countries, and have reserved all rights in and to such Content.
  12. Limitation of Liability.
    1. NEITHER ARMANINO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF INFORMATION OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ARMANINO OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
    2. IN NO EVENT WILL ARMANINO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO ARMANINO FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ARMANINO, AS APPLICABLE.
    3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ARMANINO AND YOU.
    4. The Services are controlled and operated from facilities in the United States. Armanino makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.
  13. Cryptocurrency. Cryptocurrencies are very volatile and trading in them is speculative. In addition, some institutions that support cryptocurrency transactions can sometimes be insecure. For more information on prudent investing, see the information available at the websites of the Securities and Exchange Commission at www.sec.gov and the Financial Industry Regulatory Authority at www.FINRA.org. Any money you allocate to speculative investments should be strictly the money you can afford to risk without jeopardizing your daily life, or negatively impacting your plans for education, retirement, or long-term care.
  14. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 18 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Armanino are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and Armanino each waive any objection to jurisdiction and venue in such courts.
  15. Dispute Resolution. For any dispute with Armanino, you agree to first contact us at legal@armaninollp.com and attempt to resolve the dispute with us informally.
    1. Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be first tried in good faith to settle the dispute by mediation administered by the American Arbitration Association or JAMS. The mediation will be held in Contra Costa County, California and the costs of any mediation proceeding will be shared equally by all parties.
    2. Exceptions and Opt-out. As limited exceptions to Section 18(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at legal@armaninollp.com within thirty (30) days following the date you first agree to these Terms.
    3. Class Action Waiver. YOU AND COMPANY 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. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
    4. Severability. With the exception of any of the provisions in Section 18(e) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
  16. General Terms.
    1. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Armanino and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Armanino and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Armanino’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Armanino may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
    2. Notices. Any notices or other communications provided by Armanino under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
    3. Waiver of Rights.Armanino’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Armanino. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
  17. Contact Information. If you have any questions about these Terms or the Services, please contact us at teadmin@trustexplorer.io.