Terms of Use
Last Updated: May 23, 2023
Please read these terms of use carefully as they contain important information about your legal rights, responsibilities, and options.
Welcome to the website of AlphaStreet, Inc. ("AlphaStreet," "we," "us," or "our").
By accessing this website, you (referred to as the "User" or "you") acknowledge and confirm that you have read, understood, and agreed to the following Terms & Conditions ("Agreement"). You also affirm that you have the necessary rights, authority, and capacity to comply with this Agreement, and you agree to abide by all applicable laws and regulations governing your access and use of the website.
To register and access or use the Site, you must be at least 13 years old. By accessing or using the Site, you declare and guarantee that you are at least 13 years old and possess the necessary power and authority to accept and comply with these Terms of Use.
If you are using the Site on behalf of another individual or entity, you must be duly authorized by that person or entity and possess the necessary power and authority to act on their behalf and legally bind them.
By signing up for the Services and using the Site, you agree to the following:
(a) Provide accurate, current, and complete Registration Data when required for registration on the Site.
(b) Maintain the security of your login credentials.
(c) Promptly update your Registration Data and any other personal information to ensure its accuracy, currency, and completeness.
(d) Assume full responsibility for all activities carried out using your account.
All Registration Data is governed by our Privacy Policy, and by using the Site, you consent to our actions regarding your information in accordance with our Privacy Policy. When accessing your account from a public or shared computer, exercise caution to prevent others from viewing or recording your password or other personal information.
In addition to any other remedies, if we have reason to believe, in good faith and at our sole discretion, that you have violated any of these Terms of Use, engaged in actual or suspected illegal activities, or used the Services in an improper manner, we may, with prior notice to you, restrict, suspend, or terminate your use of the Site and cancel your password. We will not be held liable if the Site or any part of it becomes unavailable for any reason, at any time. The Company may also, at its sole discretion, limit User's access to certain parts of the Site or the entire Site temporarily for security reasons, routine maintenance, or to address any infections on the Site.
Access and Use of Website:
You are prohibited from accessing or using the www.alphastreet.com/alphastreet.io website ("Website") for any unlawful or unauthorized purposes. International users are required to adhere to all applicable local laws governing privacy, online behavior, and acceptable content.
Modifying, adapting, or attempting to hack into the Website, or making modifications to another website in a way that falsely implies association with the Website, is strictly prohibited.
Transmitting any worms, viruses, or malicious code that may cause damage or harm is strictly prohibited.
You must not infringe upon any laws within your jurisdiction, including but not limited to copyright laws.
Ownership, Proprietary Information, and Intellectual Property:
AlphaStreet Intellectual Property:
All information and materials displayed on this website, except for content linked to or from external sources, are the exclusive property of AlphaStreet. This includes text, graphics, images, illustrations, designs, icons, photographs, video clips, audio clips, interfaces, software, logos, titles, and names, collectively referred to as "Intellectual Property."
The website in its entirety, along with all Intellectual Property, is protected by copyright, trade dress, and trademark laws of the United States, as well as relevant international treaties, conventions, and the laws of other countries. Unless information is in the public domain or you have obtained written permission from AlphaStreet, you are strictly prohibited from using, reproducing, copying, modifying, publishing, transmitting, distributing, performing, displaying, downloading, licensing, entering into a database, creating derivative works from, reverse engineering, transferring, or selling any Intellectual Property, information, software, or products obtained from or through this website, in whole or in part.
Your proprietary information:
We acknowledge that we have no rights to the data, documents, information, or materials that you submit while using the Site and Services, referred to as "Submitted Content." You, and not us, are solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and ownership or right to use all Submitted Content. We shall not be held responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any Submitted Content.
By using the Services, each user represents and warrants to us that they have the legal right to submit the Submitted Content. You agree to indemnify, defend, and hold us harmless from any liability arising from your submission of Submitted Content that violates a third party's copyright or other ownership rights. We reserve the right to withhold, remove, and/or discard Submitted Content without notice for any breach, including non-payment of fees. Additionally, we reserve the right to withhold, remove, and/or discard any Submitted Content that, in our sole opinion, is pornographic or violates our internal policies for publishable material.
WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY DATA SUBMITTED TO US WILL BE RETAINED FOR ANY SPECIFIC PERIOD OF TIME, AND YOU AGREE TO MAINTAIN DUPLICATE COPIES OF ALL SUBMITTED CONTENT ON YOUR SERVERS.
User Contributions:
You agree not to post or store any software, information, data, databases, music, audio, video or audio-visual files, photographs, images, documents, text, digital files, or any other material ("Material") on the Site that violates or infringes upon anyone's intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights, or confidential ideas to the extent protectable), or that violates U.S. law, or that is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
By posting Material on this Site, you grant us a perpetual, irrevocable, non-exclusive, royalty- free worldwide license to reproduce, adapt, distribute, perform (either publicly or by digital audio transmission), or publicly display all or any portion of the Material on the Site. However, we will obtain your permission before using any Material that is not publicly available on our Site. Furthermore, you represent and warrant that you own all rights, titles, and interests to such Material in full and without restrictions.
You expressly acknowledge and agree that we have the right to remove, disable, or restrict access to any Material on the Site (including Material that you have posted or stored) if we believe, in good faith and at our sole discretion, that it violates the Terms of Service or if it is the subject of a valid notification under the Digital Millennium Copyright Act.
If you believe that we have made a mistaken assessment regarding certain material, you may contact us using the provided contact methods, and we may investigate the matter further. However, we retain full rights and sole discretion in deciding whether or not to remove the material.
We shall not be held liable for removing, disabling, or restricting access to any Material on the Site. The provisions in this section are intended to enforce these Terms of Service and do not impose a contractual obligation on us to undertake or refrain from any particular course of conduct.
Digital Millennium Copyright Act Compliance:
We highly value and respect the intellectual property rights of others, and we expect all users of the Site to do the same. In our sole discretion, we may terminate the accounts of users who infringe upon the intellectual property rights of others. If you believe that your U.S. copyrighted work, which you own, has been posted or stored on the Site without proper authorization, please contact our designated agent as provided below.
To file a copyright infringement notification with us, you must send a written communication that includes the following information (please consult legal counsel or refer to Section 512(c)(3) of the Digital Millennium Copyright Act to ensure compliance with these requirements): i. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive intellectual property right that is allegedly infringed. ii. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are involved, a representative list of such works on that site. iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, along with information reasonably sufficient to enable the service provider to locate the material. Providing URLs in the notification body is the most effective way to facilitate quick content identification. iv. Information reasonably sufficient to allow us to contact the complaining party, such as an address, telephone number, and, if available, an email address. v. A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that the information provided in your legal notice may be forwarded to the individual who provided the allegedly infringing content. Under Section 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Therefore, please refrain from making false claims.
You can contact our designated agent at legal@alphastreet.com. After submitting a copyright infringement notification, copyright owners may realize that they have misidentified content or may change their position. Consequently, we honor retractions of copyright claims from the party who initially submitted them. To retract a notification, please send a statement of retraction, the complete and specific URL of the content in question, and an electronic signature to the email address provided in the Terms of Service.
It is important to note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled due to a mistake or misidentification may be liable. Our policy is to terminate the access rights of repeat infringers under appropriate circumstances.
We reserve the right to terminate these Terms of Service immediately, at any time, and for any reason. The expiration or termination (for any reason) of these Terms of Service will not affect any accrued rights or liabilities that either party may have, nor will it affect any clause that is expressly or implicitly intended to remain in force after expiration or termination.
Linked content:
Content linked to or from the Website that belongs to third parties or users is the sole property of those respective parties.
If you believe that your work has been copied in a manner that constitutes copyright infringement, please send a written notification in accordance with the Digital Millennium Copyright Act to our designated agent. You can reach our designated agent at legal@alphastreet.com or by mail at AlphaStreet, Inc., 44053 Fremont Blvd, Fremont, CA 94538.
You are granted a non-exclusive license to view the content on the website while accessing it. However, except for the limited purpose of reviewing material on the website, electronic reproduction, adaptation, distribution, performance, or display is strictly prohibited. Commercial use of the content for profit is also prohibited. Additionally, using our trademarks as metatags on other websites is strictly prohibited.
By accessing the website, you agree that you are authorized to visit, view, and retain copies of website pages for personal use only. You shall not duplicate, download, publish, modify, or distribute the website's material for any commercial use or any purpose other than as described in this Agreement. Deep-linking to the website is not allowed unless specifically authorized by AlphaStreet.
Unauthorized use of the website includes using any automatic or manual conduct, device, software, or process that interferes with the operation of the website or imposes an unreasonable burden on it. You shall not use the website for any illegal, obscene, abusive, offensive, harassing, or improper purpose, nor for selling goods or services, conducting surveys, contests, or chain letters, or for any purpose prohibited by the terms and conditions of this Agreement. Unauthorized framing or linking to the website, as well as unauthorized use of any automated device on the website, will be subject to investigation and appropriate legal action, including civil, criminal, and injunctive measures.
AlphaStreet may occasionally utilize services provided by third parties ("Third-Parties"). We have no control over these services and make no representations regarding their accuracy, completeness, timeliness, reliability, or availability. Accessing Third-Party sites through our website is at your own risk. Any link from our website to a Third-Party website does not imply sponsorship, affiliation, or endorsement of the content or operator of that site.
You are solely responsible for determining the extent to which you use any content from Third-Party websites linked through our website. If you believe that we have provided a link to a site containing infringing or illegal content or services, please notify us so that we may evaluate whether to disable it at our sole discretion. AlphaStreet allows users to download portfolio and account information from Third-Parties on the website.
Each user represents and warrants that they have permission to download their portfolio and other information, and all such information will be the sole responsibility of the user. AlphaStreet is not affiliated with and assumes no responsibility for such portfolio or other information.
We are not responsible or liable for any loss or damage incurred as a result of any dealings with any Third-Party website or the operator of such a website.
Linking Sources to Our Website
If AlphaStreet grants you authorization to deep-link your website or a service offered by your website to AlphaStreet, the following terms and conditions apply:
AlphaStreet is not obligated to continue providing or making the service available.
All conditions, disclaimers, and limitations on use stated in this Agreement remain in effect.
All intellectual property rights related to AlphaStreet and its technology, including ownership rights, remain the exclusive property of AlphaStreet.
You will be solely responsible for the data and content that you download and/or publish on your website.
AlphaStreet reserves the right to terminate your access at any time in its sole discretion.
AlphaStreet reserves the right to terminate your access at any time in its sole discretion.
Offensive, harmful, or abusive language, including expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, and hate speech.
References to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations.
Messages commenting on other users.
Content that includes personal attacks or describes physical confrontations and/or sexual harassment.
Advertising or commercial content that is inappropriate based on the subject matter.
Language that violates the standards of good taste or the standards set by AlphaStreet in its sole discretion.
Content determined by AlphaStreet to be illegal or in violation of any federal, state, or local law or regulation, or the rights of any other person or entity.
Language intended to impersonate other users or offensive or inappropriate user names or signatures.
Content that is encrypted or contains viruses, Trojan horses, worms, time bombs, bots, or other computer programming routines intended to damage, interfere with, intercept, or appropriate any system, data, or personal information.
It is recommended that AlphaStreet users adhere to these guidelines to ensure compliance with the terms of service and maintain a positive user experience.
If you see objectionable content or have any questions about this Agreement, please contact AlphaStreet at legal@alphastreet.com
Offline Conduct:
While AlphaStreet is unable to monitor the behavior of its users outside of the website, engaging in the following activities using information obtained from our website is considered a violation of this Agreement:
Harassing, abusing, or causing harm to another person.
Contacting, advertising to, soliciting, or selling to any user without their prior explicit consent.
It is important to adhere to these guidelines to maintain a respectful and positive online environment.
Violation of the Terms
You agree that monetary damages may not provide a sufficient remedy to AlphaStreet for violations of the terms of this Agreement, and you consent to injunctive or other equitable relief for such violations.
DISCLAIMERS AND LIMITATIONS
Disclaimer: Your use of the website is solely at your own risk. We do not make any warranties or representations regarding the accuracy or completeness of the content on this site, the content of any linked sites, contributions, information, or any other items or materials on this site or linked to by this site. We assume no liability or responsibility for: (a) Errors, mistakes, or inaccuracies of content and materials. (b) Personal injury or property damage resulting from your access to and use of our site. (c) Unauthorized access to or use of our secure servers and/or any personal information stored therein. (d) Interruption or cessation of transmission to or from this site. (e) Bugs, viruses, trojan horses, or similar harmful elements transmitted to or through this site by any third party. (f) Errors or omissions in any content and materials or any loss or damage incurred as a result of using any posted, transmitted, or otherwise available content via this site.
Please note that some states or jurisdictions may not allow the limitation or exclusion of
certain warranties or the exclusion or limitation of certain damages. If you reside in one of
these states or jurisdictions, the above limitations or exclusions may not apply to you.
Limitation of Liability: In no event shall we be liable to you or any third party for any indirect, consequential, incidental, special, or punitive damages, including lost profit damages, arising from your use of this site, contributions, materials, or any other content therein. Notwithstanding anything to the contrary in this agreement, our liability to you in respect of any loss or damage suffered by you and arising out of or in connection with this agreement, whether in contract, tort, or for breach of statutory duty or in any other way, shall not exceed $50.
No Investment Advice: We do not provide any investment advice. We do not offer a trading platform, and we do not facilitate the trading of any financial instruments, including but not limited to securities, bonds, and options. The website is provided for informational purposes only. The website does not recommend any financial instrument, and the mention of a particular financial instrument on the website does not constitute a recommendation for you to buy, sell, or hold that or any other financial instrument. The service does not provide tax, legal, or investment advice or opinion regarding the suitability, value, or profitability of any specific financial instrument, portfolio, trading, or other investment strategy. We will not be responsible or liable for any trading or investment decisions based on your use of the website.
Indemnity:
You agree to indemnify, defend, and hold harmless AlphaStreet, its agents, and affiliates, as well as their officers, directors, and employees, from any and all claims, actions, demands, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from your breach of any provision of this Agreement, any warranty you provide herein, or your use of the website. AlphaStreet reserves the right to assume exclusive control and defense of any such claim subject to indemnification by you, and you agree to cooperate fully with AlphaStreet in asserting any available defenses.
Changes to this Agreement:
AlphaStreet reserves the right, at its sole discretion, to modify, suspend, or terminate this Agreement, the website, or any portion thereof, as well as your account and password, at any time and for any reason, with or without notice. It is your responsibility to review this Agreement periodically for any changes. Your continued use of the website constitutes your acceptance and agreement to be bound by these changes without limitation, qualification, or alteration. If you do not accept these changes at any time, you must immediately discontinue access to the website.
Modification/Termination of the Website:
In the event of termination, you will still be obligated by the terms of this Agreement and any additional terms, including warranties made by you, as well as the disclaimers and limitations of liability. Furthermore, AlphaStreet shall not be liable to you or any third party for any termination of your access.
Arbitration:
You agree to resolve any claims related to these Terms or the Services through final and binding arbitration, except as stated in the Exceptions to Agreement to Arbitrate section below.
Arbitration Procedures: The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Unless otherwise agreed, the arbitration will be conducted in San Francisco, California.
Class Action Waiver:
You agree not to bring a claim as a plaintiff or a class member in any class, consolidated, or representative action. You also agree not to initiate any class arbitrations, class actions, private attorney general actions, or consolidation with other arbitrations.
General Legal Provisions:
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California, including California rules concerning conflicts and choice of law. You consent to the exclusive jurisdiction and venue of the courts in the County of San Francisco, California, USA, for any disputes arising out of or related to this website. Access to our website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover attorneys' fees and costs.
No joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of our website.
If any provision in this Agreement is deemed invalid or unenforceable under applicable law, including the warranty disclaimers and liability limitations set forth above, the remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision shall be replaced with a valid and enforceable provision that closely matches the original intent.
Our performance of this Agreement is subject to existing laws and legal processes, and nothing in this Agreement is in derogation of our right to comply with law enforcement requests or requirements.
Fees and Payment for Purchased Services:
Fees: You are responsible for paying all fees specified in each applicable Order Form. Unless otherwise specified, fees are based on the Services purchased and are non-cancelable and non-refundable. Quantities purchased cannot be decreased during the relevant Subscription Term, and no refunds will be granted for incomplete or partial usage of a subscription.
Invoicing and Payment: You must provide us with valid and updated credit card information. By providing credit card information, you authorize us to store such information and charge the credit card for all purchased Services listed in the Order Form or online order process. Charges shall be paid in advance either annually or according to the billing frequency specified in the Order Form. It is your responsibility to provide complete and accurate billing and contact information and notify us of any changes.
Taxes: Our fees do not include any taxes, levies, duties, or similar governmental assessments. You are responsible for paying all Taxes associated with your access to and use of the Services.
Subscriptions: All Services are purchased as subscriptions, and subscriptions may be added or upgraded during a Subscription Term. Subscriptions cannot be cancelled or downgraded, and no refunds will be granted for incomplete or partial use of a subscription. Added subscriptions will terminate on the same date as the underlying subscriptions unless otherwise specified.
Usage Rights and Limits: Services are subject to usage limits stated herein or in the Order Form. The number of Active Users accessing the Services may not exceed the quantity specified in the Order Form, and an Active User's password may not be shared with any other individual.
Term of Purchased Subscriptions: The term of each subscription is specified in the applicable Order Form. Subscriptions will automatically renew for additional periods equal to the expiring subscription term, unless otherwise specified.
All rights not expressly granted herein are reserved.
For copyright infringement claims, please contact legal@alphastreet.com. For other feedback, comments, technical support, and communications relating to the Site, please contact support@alphastreet.com
