Terms of Use

These Terms of Use (“Terms”) are a legal contract between you, (“you” “user”) and AltX, Inc. (“us” or “we”), that governs your use of AltX (the “Service”). These Terms also incorporate the provisions set forth in our Privacy Statement and other policies.

By using this Service, you are agreeing to these Terms. If you do not agree to these Terms, please do not use this Service.

If you are using this Service as part of a Subscription Agreement (“Agreement”) between your financial organization and AltX, Inc., the Terms of the Agreement also apply to your use of this Service. You are responsible for understanding the terms of the Agreement, so please review them with your organization’s Account Administrator. If there is any conflict between these Terms and the Agreement, the Agreement will control.

What Is AltX?

AltX is a web service that provides financial tools and information. Our innovative algorithms use several data points, including information that you provide (“Data”) and information that we provide (“Content”), to produce qualitative insights for better investment decisions.

Creating An Account On AltX

If you have an AltX account, then you are a user. All users of the Service must create an account. Your Account Administrator may have already created your account or you may have received an email to your corporate email address with a user ID and temporary password. You will need to log into AltX for the first time and create a new, confidential password.

Account Rules

  1. By creating an account, you are certifying that you have the authority on behalf of your organization and clients to access and operate the Service.
  2. An account may only be used by one user. There are no group accounts or shared accounts.
  3. You are responsible for maintaining the confidentiality of your password. Do not share it with anyone.
  4. If at any time you believe your account password has been compromised, change your password immediately and contact your Account Administrator or AltX Customer Service.
  5. You are liable for all activity that occurs in association with your user ID, even if it is not authorized by you.

You may use the Service only as Described

We grant you a worldwide, royalty-free, non-assignable, non-exclusive, non-transferable, limited-term license, to use, access and view Content only as described in these Terms and pursuant to the terms of an Agreement.

AltX may provide Content that we receive from third parties. You may only access and use that data as described in these Terms. We make no representations about the accuracy of that, or of any, Content in the Service.

Privacy and Confidentiality Are Important

The privacy of your personal information and Data is important to us. Please read our Privacy Statement to understand how we collect, secure and under what condition we share your Data.

You Are Responsible For the Data you submit to the Service

  1. You agree you have all rights necessary to submit the data to this service.
  2. You are responsible for the accuracy and quality of the Data which you provide to the Service.
  3. You are responsible for maintaining the confidentiality of your password. Do not share it with anyone.
  4. You assume all risk and liability for meetings and contractual obligations that occur as a result of using this Service.

 

Restrictions On Use

You are responsible for your use of the Service. Your ability to use the Service is based on your continued adherence to these requirements. When using this Service, you may not:

  • Use the Service in any way for which it was not intended;
  • Make any part of the Service available to, or use the Service for the benefit of, anyone other than you;
  • Sell, resell, license, sublicense, distribute, rent or lease any part of the Service or Content, or include any Service or Content in a service bureau or outsourcing offering;
  • Use the Service in violation of any law;
  • Transmit or upload malicious code, invalid data, viruses, worms other other software agents;
  • Interfere with, compromise or disrupt the Service or the Content;
  • Attempt to gain unauthorized access to any Service or Content or its related systems or networks;
  • Collect or harvest any Content from the Service;
  • Use any automated system to data mine, scrape, reformat or frame the Service or Content;
  • Access any Service or Content in order to build a competitive product or service; or
  • Reverse engineer or otherwise exploit the Service in any way; circumvent our security, or help third parties misuse our Service in any way.

Data Deletion

Upon the termination of an Account, we will remove your personally identifying information from the Service. We may retain your Data in anonymous form unless otherwise provided in the Agreement.

DISCLAIMERS

THE SERVICE, INCLUDING ANY “BETA” RELEASES OR FREE SERVICES, ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE OUR SERVICE AT YOUR OWN RISK. WE MAKE NO COMMITMENTS OR PROMISES ABOUT OUR SERVICE; OR THAT THE INFORMATION ON THE SERVICE WILL BE ACCURATE, TIMELY, OR COMPLETE. ALTX, INC. AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ANY WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

Third-party Financial Information Disclaimers

AltX, Inc. also uses data in the Services from a variety of third parties, including Lipper and Eurekahedge.

The data and information  are for informational purposes only, and do not constitute investment advice or an offer to sell or the solicitation of an offer to buy any security of any entity in any jurisdiction. In addition, neither AltX, Inc. nor any third party data provider, including their partners and affiliates, will be liable for any loss or damage resulting from information obtained from the Service. The third party data providers make no representations that the information is accurate, true or complete, make no warranty, express or implied regarding the information and shall not be liable for any losses, damages, costs or expenses of any type related to its use.

LIMITATIONS ON INVESTMENT GUIDANCE

THE SERVICE AND CONTENT IS NOT INTENDED TO PROVIDE INVESTMENT ADVICE. NOTHING IN THE SERVICE SHOULD BE CONSTRUED AS AN OFFER TO SELL, A SOLICITATION OF AN OFFER TO BUY, OR A RECOMMENDATION FOR ANY SECURITY OR ANY THIRD PARTY’S SECURITY. THE SERVICE’S FINANCIAL TOOLS PROVIDE INVESTMENT INSIGHTS BASED ON YOUR USE AND SUPPLIED DATA. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT, INVESTMENT STRATEGY, SECURITY OR RELATED TRANSACTION IS APPROPRIATE FOR YOU BASED ON YOUR PROFESSIONAL KNOWLEDGE, INVESTMENT STRATEGIES AND RISK TOLERANCE.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF OUR SERVICE AND CONTENT REMAINS WITH YOU AND YOU USE THE SERVICE AT YOUR OWN RISK. YOU AGREE THAT NEITHER ALTX, INC. NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE DATA, CONTENT, OR SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, DATA, CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ALTX, INC. HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT WILL ALTX, INC.’S AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR DATA EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ALTX, INC. AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNITY

You agree to defend, indemnify, and hold AltX, Inc., its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Service, and all Data and Content therein; (ii) your violation of these Terms or an Agreement; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that data you submitted caused damage to a third party.

GENERAL MATTERS

Protection of Intellectual Property

All right, title, and interest in and to the Service are and will remain the exclusive property of AltX, Inc. The Service is protected by intellectual property laws and other proprietary rights of the United States and foreign countries.

Service Modifications

We reserve the right to modify, suspend, or cancel the Service, at any time and for any reason. When we do so, we will notify you by the email that you provided to us.

Change of Terms

If we materially modify these Terms, we will notify you of changes to our Terms by the email we have associated with your account and on this page.

Relationship of these Terms to Third Parties

These terms control the relationship between AltX, Inc. and you. They do not create any third-party beneficiary rights.

No Waiver

If you do not comply with these Terms and AltX, Inc. does not take action right away, this does not mean that we have given up any rights we may have, like taking action in the future.

Governing Law

Any claim or dispute between you and AltX, Inc. arising out of or relating to these Agreement, in whole or in part, will be litigated exclusively by a court of competent jurisdiction located in San Francisco County, California. You and AltX, Inc. both consent to personal jurisdiction in those courts.

Severability

If any term or section of these Terms is unenforceable, this unenforceability will not affect any other terms.

Assignment

The Terms are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted in violation of the Terms shall be void.

 

© AltX, Inc. 2016.  All rights reserved.