Last Updated: October 15, 2015
"Personal Information," as used in this Policy, is information that specifically identifies an individual, such as an individual's name, address, telephone number, or e-mail address. Personal Information also includes information about an individual's activities, such as information about his or her activity on our Services, location information, and demographic information, such as date of birth, gender, geographic area, and preferences, when any of this information is linked to Personal Information that identifies that individual.
Personal Information does not include "aggregate" or other non-personally identifiable information. Aggregate information is information that we collect about a group or category of products, services, or users that is not personally identifiable or from which individual identities are removed. We may use and disclose aggregate information, and other non-personally identifiable information, for various purposes.
Collection of Information
Collection of Voluntarily-Provided Information
We collect Personal Information that our users provide to us in a variety of ways on our Services. These include the following:
E-mail Newsletters. We may offer e-mail newsletters or other communications from time to time on our Services. If you sign up to receive a newsletter or other communication from us, we collect your e-mail address.
User Accounts and Profiles. Our Services may give you the ability to register for a Company account or to create and update a user profile on the applicable Service. If we offer user account or profile functionality on the Services, we will collect the Personal Information that you provide to us in the course of registering for an account or creating or updating a user profile. This information may include, for example, name, postal address, telephone number, e-mail address, and related demographic information about you. We may indicate that some personal information is required for you to register for the account or to create the profile, while some is optional.
Correspondence. If you contact us by e-mail, using a contact form on the Services, or by mail, fax, or other means, we collect the Personal Information contained within, and associated with, your correspondence.
Passive Information Collection
Our Services collect some information automatically. For example, when you access our Services, we automatically collect your browser's Internet Protocol (IP) address, your browser type, the nature of the device from which you are visiting the Services (e.g., a personal computer or a mobile device), the identifier for any handheld or mobile device that you may be using, the Web site that you visited immediately prior to accessing any Web-based Services, the actions you take on our Services, and the content, features, and activities that you access and participate in on our Services. We also may collect information regarding your interaction with e-mail messages, such as whether you opened, clicked on, or forwarded a message.
We may collect this information passively using technologies such as standard server logs, cookies, and clear GIFs (also known as "Web beacons"). We use passively-collected information to administer, operate, and improve the Services and our systems, to improve the effectiveness of advertising on our Services, and to provide advertisements and other content that is tailored to you. If we link or associate any information gathered through passive means with Personal Information, or if applicable laws require us to treat any information gathered through passive means as Personal Information, we treat the combined information as Personal Information under this Policy. Otherwise, we use and may disclose information collected by passive means in aggregate form or otherwise in a non-personally identifiable form.
Use of Personal Information
We use Personal Information to provide services and information that you request; to enhance, improve, operate, and maintain our Services, our programs, Web sites, and other systems; to prevent fraudulent use of our Services and other systems; to prevent or take action against activities that are, or may be, in violation of the Agreement or applicable law; to tailor advertisements, content, recommendations, and other aspects of your experience on and in connection with the Services; to maintain a record of our dealings with you; for other administrative purposes; and for any other purposes that we may disclose to you at the point at which we request your Personal Information, and pursuant to your consent.
We may also use Personal Information you provide to contact you regarding products, services, and offers, both from ourselves and from third parties, that we believe you may find of interest.
Disclosure of Personal Information
Except as described in this Policy, we will not disclose your Personal Information that we collect on the Services to third parties without your consent. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:
We may disclose Personal Information to third-party service providers with whom we cooperate to provide tailored content and otherwise enhance the Services. For instance, we may disclose Personal Information regarding your reading habits to a vendor of a news application so that the Services may make recommendations to you.
We may disclose Personal Information to third-party service providers (e.g., payment processing and data storage and processing facilities) that assist us in our work. We limit the Personal Information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such Personal Information.
Public Areas and Syndicated Services
Some features on our Services may allow you to upload, post, or otherwise transmit User Materials to public areas of the Services such as content that you post in a public profile on the Services. We may make these User Materials available for display upon Company properties that are not governed by this Policy, as well as to services operated by third parties that display content from the Website (collectively, "Syndicated Services"). Please be aware that any Personal Information that you include within any User Materials will be made available to other users of the Services, and to users of Syndicated Services, who view it. You include Personal Information in User Materials at your sole risk. Event after information posted on the Services is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Services. We cannot warrant or guarantee that any Personal Information that you provide on and in connection with the Services will not be accessed, viewed, or used by unauthorized persons.
Information about our users, including Personal Information, may be disclosed and otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of Company assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which Personal Information is transferred to one or more third parties as one of our business assets.
To Protect our Interests
We also disclose Personal Information if we believe that doing so is legally required, or is in our interest to protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights or property of others, or otherwise to help protect the safety or security of our Services and other users of the Services.
If you receive commercial e-mail from us, you may unsubscribe at any time by following the instructions contained within the e-mail. You may also opt-out from receiving commercial e-mail from us, and any other promotional communications that we may send to you from time to time (e.g., by postal mail) by sending your request to us by e-mail at firstname.lastname@example.org or by writing to us at the address given at the end of this policy. Additionally, if we offer user account functionality on the Services, we may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us.
Please be aware that if you opt-out of receiving commercial e-mail from us, it may take up to ten business days for us to process your opt-out request, and you may receive commercial e-mail from us during that period. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding our Services.
The Services may contain links to other Web sites, products, or services that we do not own or operate. For example, the Services may contain links to third-party merchants from which users may purchase news. The Services also may contain links to Third-Party Sites such as social networking services. If you choose to visit or use any Third-Party Sites or products or services available on or through such Third-Party Sites, please be aware that this Policy will not apply to your activities or any information you disclose while using those Third-Party Sites or any products or services available on or through such Third-Party Sites. We are not responsible for the privacy practices of these Third-Party Sites or any products or services on or through them. Additionally, please be aware that the Services may contain links to Web sites and services that we operate but that are governed by different privacy policies. It is your responsibility to carefully review the privacy policies applicable to any Web site or service you visit other than the Services before providing any Personal Information on them.
Children's safety is important to us, and we encourage parents and guardians to take an active interest in the online activities of their children. Our Services are not directed to children under the age of 13, and we do not knowingly collect Personal Information from children under the age of 13 without obtaining parental consent. If we learn that we have collected personal information from a child under the age of 13 on our Services, we will delete that information as quickly as possible. If you believe that we may have collected any such personal information on our Services, please notify us at email@example.com.
Our servers and data centers are located in the United States. If you choose to use the Services from outside the U.S., then you should know that you are transferring your Personal Information outside of your region and into the U.S. for storage and processing. By providing your Personal Information to us through your use of the Service, you agree to that transfer, storage, and processing in the U.S. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Services. You should know that each region can have its own privacy and data security laws, some of which may be less stringent as compared to those of your own region.
We use reasonable security measures that are designed to protect personal information from accidental loss, disclosure, misuse, and destruction. We encrypt data communications and rely on the security procedures of our cloud server vendors, such as Amazon Web Services and Google Cloud Platform. Please be aware, however, that no data security measures can be guaranteed to be completely effective. Consequently, we cannot ensure or warrant the security of any information that you provide to us. You transmit information to us at your own risk.
Do Not Track
We do not respond to "do not track" signals or other similar mechanisms.
California Privacy Rights
Pursuant to California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties' or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address:
44053 Fremont Blvd.
Fremont, CA 94538
Please allow 30 days for a response.
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: firstname.lastname@example.org 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 email@example.com.
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
Invest Like a Pro Contest
NO PURCHASE IS NECESSARY TO ENTER OR TO WIN. A PAYMENT OR PURCHASE WILL NOT INCREASE CHANCES OF WINNING. ODDS OF WINNING ARE DEPENDENT UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED. CHARGES MAY BE INCURRED FROM YOUR CARRIER BY ACCESSING TO THE CONTEST THROUGH A MOBILE DEVICE. SEE BELOW FOR CONDITIONS, RESTRICTIONS AND QUALIFICATIONS.
By registering for this Invest Like A Pro Contest (“Contest”), You agree to be bound by the terms of these Official Rules (“Rules”), which constitutes a binding agreement between you and AlphaStreet, Inc., and by the decisions of AlphaStreet, Inc., which are final and binding on all matters pertaining to this Contest.
The Contest is sponsored by AlphaStreet, Inc., 44053 Fremont Blvd, Fremont, CA 94538 (“Sponsor,” “AlphaStreet”). AlphaStreet, Inc. provides a social media platform for the people interested in stock markets. THIS CONTEST IS IN NO WAY SPONSORED, ADMINISTERED OR ENDORSED BY FACEBOOK, LINKEDIN, TWITTER OR ANY EMAIL PROVIDER. Facebook is a registered trademark of Facebook. LinkedIn is a registered trademark of LinkedIn and Microsoft Corporation. Twitter is a registered trademark of Twitter.
3. CONTEST PERIOD
The Contest Period begins February 1, 2017 at 9:30 am EST and ends May 31, 2017 at 11:59 pm EST.
4. TRADING PERIOD
The Trading Period begins on February 1, 2017 at 9:30 am EST and ends April 28, 2017 at 4:00 pm EST.
5. REGISTRATION PERIOD
The Registration Period begins February 1, 2017 at 9:30 am EST and ends on April 28, 2017 at 4:00 pm EST.
6. HOW TO ENTER/REGISTRATION
The Contest is an online competition of skill that uses Website or mobile app content. The Contest must be entered by submitting an entry using the online form during the Registration Period. In order to access the online Contest entry form, Website or mobile app content, and compete in the Contest, You must have an AlphaStreet Website account, or use an existing Website account. Sponsor does not charge fees to create an AlphaStreet account, or to register and participate in the Contest. You must provide your own internet access and email account at your own cost. To register, go to https://alphastreet.com and (a) log into your existing Website account, or (b) those persons who do not have a Website account can create an account by connecting by email, Facebook, Twitter, or LinkedIn. While logged into your Website account, click on the “Join Invest Like A Pro Contest” link in the left side of the logged in home page to enter the Contest. If you have an iOS device, you can download the AlphaStreet iOS app and log in using your existing Website account or can create an account by connecting by email, Facebook, Twitter or LinkedIn. While logged into the app, click on “More Info” button in the “Invest Like A Pro Contest” banner shown at the top of the Home page. Follow instructions to register for and participate in the Contest. By registering for this Contest You agree to abide by and be bound by these Rules.
7. WEBSITE AND MOBILE PHONE
YOU MAY BE CHARGED FOR VISITING THE WEBSITE USING YOUR MOBILE PHONE OR OTHER ELECTRONIC DEVICE(S) IN ACCORDANCE WITH THE TERMS OF YOUR SERVICE AGREEMENT WITH YOUR CARRIER. CONSULT YOUR WIRELESS SERVICE PROVIDER REGARDING YOUR PRICING PLAN. YOU MUST USE A SMARTPHPHONE DEVICE TO PARTICIPATE IN THE CONTEST IF YOU USE YOUR MOBILE PHONE. NOT ALL MOBILE PHONE PROVIDERS CARRY THE NECESSARY SERVICE TO PARTICIPATE. CHECK YOUR PHONE CAPABILITIES FOR SPECIFIC INTERNET INSTRUCTIONS. IF YOUR DATA USAGE EXCEEDS WHAT IS ALLOTTED BY YOUR DATA PLAN, YOU COLD BE SUBJECT TO ADDITIONAL FEES BY YOUR CARRIER. CONTACT YOUR SERVICE PROVIDE WITH ANY QUESTIONS REGARDING YOUR BILL.
This Contest is open only to those who register at the https://alphastreet.com and who are at least 18 years of age and have reached the age of majority in their jurisdiction of permanent residence at the time of entry, who are permanent legal residents of the fifty (50) United States, excluding Rhode Island. Residents of military installations and jurisdictions where registration, bonding or fees are required or where entry or participation in the Contest is otherwise prohibited are ineligible to win prizes, but may participate to hone their financial skills. The Contest is subject to all applicable federal, state and local laws and regulations. Void where prohibited or restricted by law. Employees of Sponsor, its affiliates, subsidiaries, advertising and promotion agencies, licensors, and suppliers (collectively “Employees”), and their immediate family members and/or those living in the same household of Employees are not eligible to participate in the Contest. This is an online competition. You must have and provide internet access and a valid email address at your own expense. Failure to ensure that your Website or mobile app profile lists your valid email address during the Contest Period may result in disqualification and/or forfeiture of a prize that you might otherwise be awarded. If ownership of the email address provided at registration, as updated, is disputed during the Contest Period, then You will be disqualified unless You provide uncontested evidence of your ownership of that email address, and any prize You would otherwise have been awarded will be forfeited and awarded to the qualified eligible participant with the next highest value portfolio. Persons included on the US Department of Treasury Office of Foreign Assets Control Specially Designated Nationals and Blocked Persons List and those otherwise subject to sanctions or prohibitions are not eligible to participate.
9. HOW TO COMPETE FOR A PRIZE
The following cash prizes will be awarded to the qualified eligible Participants who have the top three (3) highest valued Contest portfolios as of the close of the Trading Period.
- 1st Place: Cash prize of $500
- 2nd Place: Cash prize of $300
- 3rd Place: Cash prize of $250
You must fulfill all Contest requirements, conditions, and qualifications to be eligible to win a prize. First, Second and Third Place prizes will be awarded to qualified eligible Contest participants (collectively, “Winner”), and Winner’s user name, rank, and prize amount will be posted in the Contest section of the website or mobile app by the end of the Contest Period. If two (2) or more Winners are tied (have the same portfolio value), then the tied winners will evenly split the applicable cash prize(s) (“Tie-Breaker Rule”). For example, if two (2) competitors tie for First Place, then the First Place and Second Place prizes that the two (2) top performers are awarded, would be added together, then split equally: $500 + $300 = $800, so each would win $400 ($800/2). No prize substitution is allowed, except in Sponsor’s sole discretion. Prizes are not transferable or assignable. Acceptance of prize constitutes permission for Sponsor to use Winner’s name, likeness, and entry for purposes of advertising, promotion and trade without further compensation, unless prohibited by law. Additional details, conditions and restrictions of registration, participation and prize eligibility for the Contest are stated below. The Website or mobile app automatically applies the Portfolio Calculation algorithm to determine Participant portfolio values. Sponsor will appoint one (1) or more individuals who are familiar with the Website/mobile app, its operations, and this Contest as judge(s) to verify that the Portfolio Calculation is performed on Contest portfolios, determine by Website or mobile app algorithm, or manually if necessary, the three (3) portfolios with the highest value at the end of the Trading Period, apply the Tie-Breaker Rule if necessary to determine the potential Winners, and select an alternate Winner(s) if necessary.
11. STOCK SIMULATION
THE CONTEST IS A STOCK MARKET SIMULATION. SPONSOR AND THE WEBSITE OR MOBILE APP DO NOT OFFER, SOLICIT, ARRANGE OR PROCESS ACTUAL STOCK PURCHASES OR SALES. ALL TRADES ARE OF VIRTUAL STOCKS FOR PURPOSES OF THE CONTEST ONLY. NO ACTUAL SECURITIES OR OWNERSHIP INTERESTS ARE BOUGHT, SOLD, OR OTHERWISE TRANSFERRED. ALPHASTREET VIRTUAL CASH HAS NO ACTUAL CASH VALUE, IS NON-NEGOTIABLE, AND IS SOLELY FOR USE WITHIN THE CONTEST FOR CONTEST PURPOSES ONLY. NEITHER SPONSOR NOR THE WEBSITE OR MOBILE APP PROVIDE ANY INVESTMENT ADVICE, NEITHER IS A REGISTERED INVESTMENT ADVISOR OR BROKER-DEALER, AND NEITHER IS AN INVESTMENT ADVISORY SERVICE. ALL INFORMATION PROVIDED OR MADE AVAILABLE ON THE WEBSITE/MOBILE APP OR AS PART OF THE CONTEST IS FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. ANY INVESTMENT DECISIONS YOU MAKE WILL BE BASED SOLELY UPON YOUR EVALUATION OF YOUR FINANCIAL CIRCUMSTANCES, INVESTMENT OBJECTIVES, RISK TOLERANCE, FINANCIAL CONDITIONS, LIQUIDITY NEEDS, AND OTHER CRITERIA SPECIFIC TO YOU.
12. CONDITIONS OF PARTICIPATION AND QUALIFICATION
Contest participants must update their profile to include their first and last names and home street address to comply with applicable contest laws. Contest participants must update their profile to contain their valid email address by the end of the Trading Period so that they can be contacted to be qualified if a potential Winner. Contest participants whose profiles do not include their valid first and last names, street address, and email address may be disqualified and be ineligible to win a prize. You authorize notification and other Contest-related communication by email at the email address that You maintain in your Website profile, by or on behalf of Sponsor if You are a qualified Winner or potential Winner. You authorize delivery via mail or similar means of any prize and other Contest-related communications by or on behalf of Sponsor if you are a qualified Winner. By entering the Contest, You grant permission for Sponsor, and any of its affiliates and subsidiaries, advertising and promotion agencies, licensors, and suppliers to use any of your submissions, including but not limited to AlphaTalk™ posts, your voice, likeness, and any Website content You generate for editorial, advertising and promotional purposes without additional compensation, unless prohibited by law. You hereby represent and warrant that any posts you make to the Website or mobile app, including but not limited to AlphaTalk™, will be original and will not infringe the intellectual property rights of any third party. Winner’s acceptance of the prize constitutes permission for Sponsor and any affiliates and subsidiaries, advertising and promotion agencies, licensors, and suppliers to use Winner’s name and/or likeness and biographical material for editorial, advertising and promotional purposes without additional compensation, unless prohibited by law. By registering for the Contest, You agree that Sponsor is not liable for any printing, typographical, mechanical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize and Sponsor reserves the right but is not obligated to correct such errors by posting a correction, clarification, retraction, or similar statement to the Website or mobile app. You further acknowledge and agree that Sponsor reserves the right to alter, modify, or cancel the Contest for any reason, at any time, with or without notice.
13. ADDITIONAL CONTEST PRIVACY PRACTICES
14. WINNER SELECTION AND NOTIFICATION
Within 3 days after the last day of the Trading Period, Sponsor will notify Winner by email at the email address recorded in Participant’s Website or mobile app profile. Winner must respond to Sponsor within two (2) business days of Sponsor’s notification (“Response Deadline”). If You are a potential Winner and required to sign Documents, then Sponsor will email them to You within two (2) business days after receipt of your notification response. If the potential Winner does not meet the Notification Response deadline, Sponsor may, in its sole discretion, attempt to contact the potential Winner again, but Sponsor has no duty to attempt to notify a potential Winner more than once. Signed, dated, Documents must be received by Sponsor within seven (7) business days from receipt after the date the Documents were sent to the potential Winner by or on behalf of Sponsor. If a Winner does not accept the prize, or does not respond, or return the required completed Documents by the corresponding deadlines, then the prize will be deemed forfeited and an alternate Winner will be selected. The alternate Winner will be the eligible Contest participant with the next highest portfolio value as of the close of the Trading Period. In the event that a potential Winner also does not accept the prize, or does not respond, or return signed, dated, “notarized” (if required) Documents by the corresponding deadlines, then the prize will be deemed forfeited and Sponsor will select an alternative Winner according to the same portfolio value and eligibility criteria. Sponsor will use a reasonable number of attempts, in its discretion, to award the prize(s) to another alternate Winner(s). If unable to do so, Sponsor reserves the right in its sole discretion to: (i) award the sum of the Contest prizes in amounts also to be determined in Sponsor’s sole discretion to the qualified, eligible Winner(s) who met the deadlines, except in no case shall such cash amounts have less value than the cash prize amount that Winner(s) would have been awarded but for the failure of another Winner to timely meet eligibility and qualification criteria, or (ii) cancel the Contest, and in either case, Sponsor shall have no further liability in connection with this Contest.
15. WINNERS LIST
Sponsor will post the Winners List on the Website by the end of the Contest Period. You may also request a Winner’s List by sending an email to firstname.lastname@example.org with the subject line: February 1, 2017 Invest Like a Pro Contest Winner’s List within the six (6) months following the end of the Contest Period.
16. INTERNET RISKS
If for any reason the internet portion of the Contest is not capable of running as planned, including if due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, or any other causes beyond the control of Sponsor which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right, in its sole discretion, to disqualify any individual who Sponsor in good faith believes tampered with entry process, and to cancel, terminate, modify or suspend the Contest. In such an event, Sponsor further reserves the right to award a prize to the participant with the highest portfolio value as of the termination date. The Tie-Breaker Rule applies.
BY PARTICIPATING IN THE CONTEST, YOU EXPRESSLY AGREE TO BE RESPONSIBLE FOR AND TO ACCEPT LIABILITY FOR ACTIONS MADE USING YOUR USER NAME AND PASSWORD. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SPONSOR AND ITS SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTION AGENCIES, PARTNERS, LICENSORS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS, AND DIRECTORS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, ARISING OUT OF OR IN RELATION TO ANY VIOLATION OF THESE RULES OR ANY OTHER WRONGFUL ACTIVITY RELATED TO YOUR PARTICIPATION IN THE CONTEST, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS, BY YOU OR ANY OTHER PERSON WHO ACCESSES THE WEBSITE OR MOBILE APP BY USING YOUR PASSWORD AND USER NAME.
18. LIMITATION OF LIABILITY
BY PARTICIPATING IN THIS CONTEST AND AS A CONDITION OF PARTICIPATING IN THE CONTEST, YOU AGREE THAT (A) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD PARTY OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (B) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00) AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, AND (C) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
BY PARTICIPATING IN THIS CONTEST, YOU EXPRESSLY AGREE TO FOREVER WAIVE AND GIVE UP THESE RIGHTS. By participating in the Contest, You assume all liability for any injury, loss, litigation, or damages caused or claimed to be caused by Your participation in the Contest, acceptance and/or use of any prize, and You agree to release and hold harmless Sponsor and its subsidiaries, affiliates, advertising and promotion agencies, partners, licensors, representatives, agents, successors, assigns, employees, officers, and directors from any liability for illness, injury, death, loss, litigation, claim(s), or damage that may occur directly or indirectly, from (a) Your participation in the Contest or any Contest-related activity, use of the Website or mobile app trading platform, and/or acceptance, possession, use or misuse of any prize or any portion thereof, loss or destruction of property including but not limited to Your computer or that of another related to or resulting from participation or downloading materials in the Contest; (b) rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all third parties; (c) problems or technical failures of any kind, including but not limited to malfunction of internet, website, email, lines, any computer, cable, network, hardware, software, equipment; (d) unavailability, delay, traffic, congestion, inaccessibility of any transmission, telephone, internet, server, email service or any website; (e) incomplete or inaccurate communications, corruption or damage to any communications or operations, and (f) unauthorized human intervention in any part of the registration or competition process of the Contest, including but not limited to cheating, hacking, unauthorized intervention, theft, infection with virus, bug, Trojan, electronic or human error or omission in the administration of the promotion or the processing of trades or entries. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the releases contained in this section are hereby expressly and forever waived. You acknowledge that Section 1542 states that:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
The releases contained in this section are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
21. GOVERNING LAW, DISPUTES
All federal, state and local laws and regulations apply. The Contest and these Official Rules are governed and construed by the laws of the United States and the State of California, without respect to its conflict of laws doctrine, as if wholly performed in and both parties were residents of the State of California even if Your access to the Website or mobile app and Contest is from outside of California. BY REGISTERING FOR THE CONTEST, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (a) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED OR NOT AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND (b) ANY AND ALL DISPUTES THAT CANNOT BE RESOLVED BETWEEN YOU AND SPONSOR SHALL BE HEARD EXCLUSIVELY BEFORE A COURT OF COMPETENT JURISDICTION, SITUATED IN OAKLAND, CALIFORNIA.
The headings herein are for convenience only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. In the event that any one or more provisions, covenants or restrictions of these Rules or portion thereof is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, then You agree that such invalidity, illegality or unenforceability shall not affect any the remainder of the terms, provisions of these Rules and best reasonable efforts shall be used to substitute a valid, legal and enforceable provision, covenant or restriction which, insofar as practicable, implements the original purposes and intents of the stricken portion. Sponsor’s failure to enforce any portion of these Rules will not constitute a waiver of that provision. You agree to waive any rights to claim ambiguity of these Rules. You may not transfer any rights or obligations you may have under these Rules. Sponsor reserves the right to transfer or to subcontract any right or obligation under these Rules at its own discretion without your consent. This Agreement shall be solely for the benefit of the parties hereto and no other person or entity shall be a third party beneficiary hereof.