For European Union Users
Users from the European Union (EU) or European Economic Area (EEA) are individuals who reside within the EU or EEA.
As a user you have the right to know whether we process personal information about you, and if we do, to access data we hold about you and certain information about how we use it and whom we share the data.
As per the European Union’s General Data Protection Regulation 2016/679 ("GDPR"), in certain circumstances and subject to data processing agreements, you have rights in relation to the personal information we hold about you. We have provided below an outline of the rights and how to exercise those rights. Please note that we will require you to verify your identity before responding to any requests to exercise your rights by providing details only known to the registered user. To exercise any of your rights, please email at firstname.lastname@example.org Please note that for each of the rights listed below we may have valid legal reasons to refuse your request, in such instances we will let you know if that is the case.
You have the right to inform us to correct any personal information we have about you which is inaccurate and complete any data which is incomplete. If you request for data correction, please explain in detail why you believe the personal information we hold about you is inaccurate or incomplete so that we can check whether a correction is required. Please note that while we evaluate whether the personal information we hold about you is inaccurate or incomplete, you may exercise your right to restrict our processing of the applicable data as described below.
You may request us to erase the personal data we have about you in the following circumstances:
- You believe it is no longer necessary for us to store the personal data;
- We are processing it on the basis of your consent and you wish to withdraw your consent;
- We are processing your data on the basis of our legitimate interest and you object to such processing;
- You no longer wish us to use your data to send you direct marketing; or
- You believe we are unlawfully processing your data.
Please provide sufficient details and request us with the reasons which would help us to determine whether you have a valid basis for erasure.
You have a right to inform us to stop processing the personal data we have with us other than for storage purposes in the following circumstances:
- You believe the personal data is not accurate for the period it takes for us to verify whether the data is accurate;
- We wish to erase the personal data as the processing we are doing is unlawful, but you want us to restrict the use of that data;
- We no longer need the personal data for the purposes of the processing, but you require us to retain the data for the establishment, exercise or defense of legal claims; or
- You have objected to us processing personal data we have about you on the basis of our legitimate interest and you wish us to stop processing the personal data while we determine whether there is an overriding interest in us retaining such personal information.
You have the right to object to the processing of your personal data and we will consider your request. Please provide us with all the details with valid reasons which would be help us to assess whether there is a compelling overriding interest in us continuing to process the data or we need to process it in relation to legal claims. At any point of time, you also have the right to object to the processing of your data in order to send you marketing, including where we build profiles for such purposes and we will stop processing the data for that purpose.
Content Withdrawal Rights
You have agreed with us for processing your personal data based on consent and you can withdraw your consent at any time by emailing us at email@example.com
You have the right to receive your personal data we have about you if we process it on the legal bases of our contract with you or with your consent in a structured, commonly used and machine-readable format and a right to request that we transfer the data to another party. If you would want us to transfer the data to another party, please make sure that you list out the party and note that we can only do so where it is technically feasible. We are not responsible for the security of the personal data or its processing once received by the third party.
If you want to lodge a complaint about how we process your personal data, please report at firstname.lastname@example.org and we will try to respond to your request.
Updates to this Policy
We may occasionally update this Policy. When we do, we will also revise the "last updated" date at the beginning of the Policy. Your continued use of our Services after such changes will be subject to the then-current policy. If we change this Policy in a manner that is materially less restrictive of our use or disclosure of your Personal Information, we will use commercially reasonable efforts to notify you of the change and to obtain your consent prior to applying the change to any Personal Information that we collected from you prior to the date the change becomes effective. We encourage you to periodically review this Policy to stay informed about how we collect, use, and disclose personal information.
If you have any questions or comments about this Policy, please contact us using the following contact information:
44053 Fremont Blvd.
Fremont, CA 94538
Welcome to the website of AlphaStreet, Inc. ("AlphaStreet" "we," "us," or "our").
By accessing this website, you (the "User", or "you") represent and warrant that you have read, understood, and agree (1) to be bound by the following Terms & Conditions ("Agreement"); (2) that you have the right, authority, and capacity to abide by this Agreement; and (3) that you agree to comply with all applicable laws and regulations concerning your access and use of the website.
Access and Use of Website
- You cannot access or use the www.alphastreet.com/www.alphastreet.co website ("Website") for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding privacy, online conduct and acceptable content.
- You must not modify, adapt, or hack into Website or modify another website so as to falsely imply that it is associated with Website.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not violate any laws in your jurisdiction (including but not limited to copyright laws).
Ownership, Proprietary Information, and Intellectual Property.
AlphaStreet Intellectual Property
Except for content linked to or from an external source, all other information and materials that appear as part of this website (including text, graphics, images, illustrations, designs, icons, photographs, video clips, audio clips, interfaces, software, logos, titles, and names and collectively, ("Intellectual Property") are the property of AlphaStreet.
The website as a whole and all of the Intellectual Property are protected by copyright, trade dress, and trademark laws of the United States, as well as international treaties, conventions, and the laws of other countries, as applicable. Except for that information which is in the public domain or for which you have been given written permission to use by AlphaStreet you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivative works from, reverse engineer, transfer, or sell any Intellectual Property, information, software, or products obtained from or through this website, in whole or in part.
Your proprietary information
We agree that we have no rights to the data, documents, information or material that you submit in the course of using the Site and Services ("Submitted Content"). When submitting data, you, and not us, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Submitted Content. We shall not be 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 it has the legal right to submit the Submitted Content. You agree to indemnify, defend and hold us harmless from any liability caused by your submission of Submitted Content in violation of a third party’s copyright or other rights of ownership. We reserve the right to withhold, remove and/or discard Submitted Content without notice for any breach, including without limitation, non-payment of fees. In addition, we reserve the right to withhold, remove and/or discard any Submitted Content submitted to us, which, in our sole opinion, is pornographic or otherwise in violation of our internal policies for publishable material. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY DATA SUBMITTED TO US WILL BE RETAINED FOR ANY PARTICULAR PERIOD OF TIME, AND YOU AGREE TO MAINTAIN ON YOUR SERVERS DUPLICATE COPIES OF ALL SUBMITTED CONTENT.
You agree not to post or store on the Site any software, information, data, databases, music, audio, video or audiovisual files, photographs, images, documents, text, digital files or other material ("Material") that violates or infringes anyone's intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or (to the extent protectable) confidential ideas) 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 to this Site, you grant us a perpetual, irrevocable, nonexclusive, 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 (though we will obtain your permission before doing so with any Material that is not publically available on our Site). You further represent and warrant that you own all rights, titles, and interests to such Material in full and without restrictions. You expressly agree that we may remove, disable, or restrict access to or the availability of any Material from the Site (including, but not limited to, Material that you have posted or stored) that we believe, in good faith and in our sole discretion, to violate the Terms of Service (whether or not we are actually correct in our assessment) or that is the subject of a notification duly sent to us pursuant to the Digital Millennium Copyright Act. If you believe that we have acted mistakenly with respect to certain material, you may contact us using one of the contact methods provided at the end of these Terms of Service, in which case we may investigate the matter further, though we retain full right and sole discretion as to whether or not to remove the material. Under no circumstances may we be held liable for removing, disabling, or restricting access to or the availability of Material. The provisions of this section are intended to implement these Terms of Service and are not intended to impose a contractual obligation on us to undertake, or refrain from undertaking any particular course of conduct.
Digital Millennium Copyright Act Compliance
We respect the intellectual property rights of others and expect users of the Site to do the same. In our sole and absolute discretion, we may terminate the accounts of users who infringe the intellectual property rights of others. You may contact our agent as indicated below if you believe that a work protected by a U.S. copyright that you own has been posted or stored on the Site without authorization. To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements): i. A physical or electronic signature of a person authorized to act on behalf of the owner of an 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 covered by a single notification, a representative list of such works at 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, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of your notification is the best way to help us locate content quickly; iv. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 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 person 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, so please do not make false claims. You may contact our agent: email@example.com After submitting a copyright infringement notification, copyright owners may realize that they misidentified content or that they may otherwise change their mind. As a result, we will honor retractions of copyright claims from the party who originally 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 we provide at the end of these Terms of Service. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. It is our policy to terminate, in appropriate circumstances, the access rights of repeat infringers Termination We reserve the right to terminate these Terms of Service with immediate effect at any time and for any reason. Expiration or termination (for any reason) of these Terms of Service, shall not affect any accrued rights or liabilities which either party may then have nor shall it affect any clause which is expressly or by implication intended to continue in force after expiration or termination.
Third party content that is linked to or from Website belongs to such third parties or users, as applicable.
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our designated agent, who can be reached as follows: AlphaStreet, Inc., 44053 Fremont Blvd, Fremont, CA 94538.
Limited License; Personal, Business, and Non-Commercial Use Limitation.
You are hereby granted a non-exclusive license to view the content on the website, but only while accessing the website. Except to the extent required for the limited purpose of reviewing material on the website, electronic reproduction, adaptation, distribution, performance, or display is prohibited. Commercial use by you of any of the content for profit is strictly prohibited. Use of any of our trademarks as metatags on other websites also is strictly prohibited.
You agree that you are only authorized to visit, view, and retain a copy of pages of the website for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on the website for any commercial use, or for any purpose other than as described in this Agreement. You also agree not to deep-link to the website for any purpose, unless specifically authorized by AlphaStreet.
Unauthorized Use of the Website
You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere or attempt to interfere with, or impose an unreasonable burden or load on, the operation of the website.
You shall not use Website for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by the terms and conditions of this Agreement. Illegal and/or unauthorized uses of the website, including, but not limited to, unauthorized framing of or linking to the website or unauthorized use of any robot, spider, or other automated device on the website, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.
Third Party Services
From time to time, AlphaStreet may use services provided by persons or entities other than us ("Third-Parties"). We do not control these services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of such services. If you choose to access any Third-Parties site, you do so at your own risk. Any link from our website to a Third-Party website does not imply sponsorship, affiliation, or endorsement of the content on that Third-Party website or the operator or operations of that site. You are solely responsible for determining the extent to which you use any content at any Third-Party websites to which you might link from our website, or which may download or connect with through our website. If you believe we have provided a link to a site that contains infringing or illegal content or services, we ask that you notify us so that we may evaluate whether in our sole discretion to disable it. AlphaStreet may allow users to download portfolio and account information from Third-Parties on Website. Each user represents and warrants that they have the permission to download their portfolio and other information, and all such portfolio and other information will be the sole responsibility of the user. AlphaStreet is not affiliated with and is not responsible in any way for such portfolio or other information.
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD-PARTY WEBSITE.
Linking Sources to Our Website
If AlphaStreet authorizes you to deep-link your website or a service offered by your website to AlphaStreet in additon to and notwithstanding anything to the contrary, you understand and agree that (1) AlphaStreet has no obligation to continue to provide or make the service available; (2) all conditions, disclaimers and limitations on use set forth in this Agreement remain in effect; (3) all intellectual property rights relating to AlphaStreet and its technology, including all ownership rights, remain the exclusive property of AlphaStreet; (4) you will be solely responsible for the data and content that you will download and/or publish on your website; and (5) AlphaStreet may terminate at any time in its sole discretion your access.
AlphaStreet reserves the right, but not the obligation, to remove any linked source if it contains or features any of the following unacceptable content:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, and hate speech (e.g., racist/discriminatory speech);
- References to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., food poisoning, foreign objects in food, etc.);
- Messages commenting on other users;
- Content that contains personal attacks or describes physical confrontations and/or sexual harassment;
- Content that are advertising or are commercial in nature, or that are inappropriate based on the applicable subject matter;
- Language that violates the standards of good taste or the standards of this website, as determined by AlphaStreet in its sole discretion.
- Content determined by AlphaStreet to be illegal, or to violate any federal, state, or local law or regulation, or the rights of any other person or entity;
- Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures;
- Content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data, or personal information.
If you see objectionable content or have any questions about this Agreement, please contact AlphaStreet at firstname.lastname@example.org
Although AlphaStreet cannot monitor the conduct of its users off the website, it is a violation of this Agreement to use any information obtained from our website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent.
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 AT YOUR SOLE RISK. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT, THE CONTENT OF ANY SITE LINKED TO THIS SITE, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THIS SITE OR LINKED TO BY THIS SITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE. SOME STATES OR JURISDICTIONS DO 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 CONTAINED 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 provide a trading platform, and we do not hold or enable trading of any financial instruments, including but not limited to, securities, bond and options. The Website is provided for informational purposes only. The Website does not recommend any financial instrument, nor does mention of a particular financial instrument on the Website 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 particular 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.
You agree to indemnify, defend, and hold harmless AlphaStreet its agents and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any provision of this Agreement, or any warranty you provide herein, or otherwise arising in any way out of your use of the website. AlphaStreet reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with AlphaStreet in asserting any available defenses.
Changes to this Agreement
AlphaStreet reserves the right, in its sole discretion, to modify, suspend, or terminate this Agreement and the website and/or any portion thereof, and/or your account, password at any time for any reason with or without notice to you. Please review this Agreement periodically for changes. Your continued use of this website constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue access to the website.
Modification/Termination of website
In the event of termination, you will still be bound by your obligations under this Agreement and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, AlphaStreet shall not be liable to you or any third-party for any termination of your access.
You agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules. The arbitration will be held in San Francisco, California unless we agree otherwise.
Class Action Waiver
You agree NOT to bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You agree not to bring any class arbitrations, class actions, private attorney general actions, and 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, as if this Agreement were a contract wholly entered into and wholly performed within the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in the County of San Francisco, California, USA, in all disputes arising out of or relating 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, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action 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 use of our website.
If any provision in this Agreement is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with law enforcement requests or requirements.
All rights not expressly granted herein are hereby reserved.
This Agreement is the entire and final agreement regarding access to our website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Effective Date: October 15, 2015