Alpha Hat Terms of Service

    1. Introduction.  This Terms of Service Agreement (the “Agreement”) binds you or any company, agency or institution you represent (“you”, or “your” or “user(s)”) to the terms and conditions set forth herein in connection with your use of Alpha Hat Inc.’s (“our”, “we”, or “Alpha Hat”) software, platform, services or any other offerings on our site and any affiliate(s) sites (collectively, our “Site” or “Service(s)”), which are wholly owned and operated by Alpha Hat Inc.

    Alpha Hat reserves the right, at its sole discretion, to modify or replace any of the terms of service, or change, suspend, or discontinue the service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Service or by email.  Alpha Hat may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

    BY USING ANY OF THE ALPHA HAT SERVICES OR CREATING AN ACCOUNT, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE ALPHA HAT SERVICES. ALPHA HAT’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.

    2. Scope.  The Services enable users to analyze quantitative or financial data resulting from title-based searches to make informed investment decisions, including benefiting from fundamental analysis of markets and sectors. The Site currently provides a free usage tier, which may be modified from time to time and reflected in these terms of service.

    3.  Legal Compliance.  All of your use, access and other activities relating to the Site and the Services must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. You are solely responsible for the knowledge of and adherence to any and all laws and regulations pertaining to your use of the Services arising under your jurisdiction.  In connection with your use of the Services and Site, you must not provide incorrect or knowingly false information; copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with the Services or operation of the Site; frame or embed the Site or Services; impersonate another person or gain unauthorized access to another person’s Account; introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or operation of the Site; scrape, spider, use a robot or other automated means of any kind to access the Services.

    4.  Specific Obligations of Users using the Site. Our Service allows you and other users to post, link and otherwise make available Content (as defined further below). You are responsible for the Content that you make available to the Service, including its legality, reliability, and appropriateness. Alpha Hat reserves the right to remove any Content for any reason whatsoever. Alpha Hat also reserves the right to ban any individual uploader or website domain from using our services for any reason. When you post, link or otherwise make available Content to the Service, you grant us the right and royalty-free license to use, reproduce, modify, publicly perform, publicly display and distribute your Content on or through the Service (including via applications). We may format your Content for display throughout the Service, and we may edit or revise the substance of your content itself.

    You agree to not use the Service to upload, post, email, transmit or otherwise make available:
    Content that is libelous, defamatory, bigoted, racist, fraudulent, offensive, misleading, or deceptive;
    Content that is illegal or unlawful, that would otherwise create liability;
    Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party;
    Mass or repeated promotions, political campaigning or commercial messages directed at users who do not follow you (SPAM);
    Private information of any third party (e.g., addresses, phone numbers, email addresses, Social Security numbers and credit card numbers); and
    Viruses, corrupted data or other harmful, disruptive or destructive files or code.

    You further represent, warrant and covenant that:
    You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, financial schemes, or any other form of solicitation (commercial or otherwise) through the Site or the Services;
    You will not reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use and exploit any Alpha Hat Content, the Services except as permitted by these Terms as applicable;
    You will not disclose any personal information to other users, and otherwise will assume responsibility for controlling how your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information; and
    You will not use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service;
    You will not impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
    You will not collect or solicit any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Service; and
    Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, users of the Service, or third parties.

    5.  Registration and Eligibility.  You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you are required to register with Alpha Hat and represent, warrant and covenant that you provide Alpha Hat with accurate, truthful, and complete registration information (including, but not limited to your name (“Username”), email address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your Alpha Hat account. You shall not:
    provide any false personal information to Alpha Hat (including a false Username) or create any account for anyone other than yourself without such person's permission;
    use a Username that is the name of another person with the intent to impersonate that person;
    use a Username or Alpha Hat account that is subject to any rights of a person other than you without appropriate authorization; or
    use a Username that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Alpha Hat password. You shall never use another user's account. In cases where you have authorized or registered another individual, including a minor, to use your Account, You are fully responsible for (i) the online conduct of such User; (ii) controlling the User's access to and use of the Services; and (iii) the consequences of any misuse.

    You will immediately notify Alpha Hat in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Service and register for the Service. Alpha Hat is concerned about the safety and privacy of all its Users, especially children. Therefore, children under the age of 13 are not permitted to use Alpha Hat. Alpha Hat may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.

    We cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your Account, either with or without your knowledge, prior to your notifying us of unauthorized access to your Account.

    6.  Important Securities Disclaimer.  You understand that no content published on the Site constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the other users, information providers, or their affiliates are advising you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent that any of the content published on the Site may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person. You understand that an investment in any security is subject to a number of risks, and that discussions of any security published on the Site will not contain a list or description of relevant risk factors. In addition, please note that some of the stocks about which content is published on the Site have a low market capitalization and/or insufficient public float. Such stocks are subject to more risk than stocks of larger companies, including greater volatility, lower liquidity and less publicly available information. Blogs, postings or content on the Site which may or may not be deemed by you to be recommendations may have an effect on their stock prices.

You understand that performance data is supplied by sources believed to be reliable, that the calculations herein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.
All content on the Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for verifying that you are receiving the most recent data.

    7.  No Investment Recommendations or Professional Advice.  The Site is not intended to provide tax, legal, insurance or investment advice, and nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by Alpha Hat or any third party. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.

    8.  Content, Licenses & Permissions.

All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is “Content.” Where Alpha Hat provides Content to you in connection with the Services, including, without limitation, the software and the services and the Site, it is “Company Content.” Content uploaded, transmitted or posted to the Site or through the Services by a user is “Submitted Content” (collectively “Content”).  Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws.

    You hereby represent and warrant that you have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Alpha Hat with respect to any Submitted Content and that Company shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of the foregoing as authorized in these Terms or have any liability to you or any other party as a result of any use or exploitation of any Submitted Content as authorized in these Terms of Service.

You hereby grant Alpha Hat a non-exclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Submitted Content on the Site and through the Services, and sublicense it for these purposes directly or through third parties. Notwithstanding the foregoing, you have the right to remove all or any portion of your own Submitted Content from the Site at any time. Removal of your own Submitted Content will terminate the foregoing license and rights sixty (60) days after such removal as to new uses, provided, however, that any rights given to Alpha Hat prior to that time will continue in accordance with the terms granted to us.

Alpha Hat hereby grants you a limited, non-exclusive, non-transferable license to access and use Submitted Content and Company Content, for which you have paid any required fees or subscriptions, in accordance with these Terms and any conditions or restrictions associated with the Site or our Services. All other uses are expressly prohibited absent our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or Company Content unless we give you explicit permission to do so. Submitted Content and Company Content is licensed, and not sold, to you. You are prohibited from receiving any grant of license rights to Submitted Content that you access or acquire through the Services and any such direct license shall be null and void and a violation of these Terms.

ALPHA HAT RESPECTS ALL COPYRIGHT, PRIVACY, DEFAMATION AND OTHER LAWS RELATING TO CONTENT AND INFORMATION AND WILL NOT TOLERATE ANY VIOLATION OF SUCH LAWS. NOTWITHSTANDING THE FOREGOING, ALPHA HAT DOES NOT SCREEN THE SUBMITTED CONTENT AND ALL USE OF THE SUBMITTED CONTENT BY YOU IS AT YOUR OWN RISK AND ALPHA HAT SHALL HAVE NO LIABILITY FOR SUCH USE. IN PARTICULAR, NO REVIEW OR POSTING OR APPEARANCE OF THE SUBMITTED CONTENT ON THE SITE OR THROUGH THE SERVICES IS INTENDED TO ACT AS AN ENDORSEMENT OR REPRESENTATION THAT ANY SUBMITTED CONTENT IS FREE OF VIOLATION OF ANY COPYRIGHT, PRIVACY OR OTHER LAWS OR WILL SUIT A PARTICULAR PURPOSE OR BE ACCURATE OR USEFUL.

    9.  Links to Third Party Sites.  The Site and the Services may contain links to independent third-party websites and/or services (collectively, “Linked Sites”). The Linked Sites are not under Alpha Hat’s control, and we do not endorse, is not responsible for and shall have no liability to you with respect to the business practices, privacy policies or content, materials, information, merchandise, products or services displayed, featured, mentioned, advertised, distributed or sold on or through such Linked Sites. By accessing a Linked Site, you may be disclosing your private information.  It is your responsibility to read and understand the privacy, membership, payment and other policies of the Linked Sites and to determine on your own whether or not you will have any interaction with any of the Linked Sites. Alpha Hat encourages you not to provide any personally identifiable information to any Linked Site unless you know and are comfortable with the party with whom you are interacting. You agree that Alpha Hat is not responsible for and shall have no liability to you, with respect to merchandise, products, and/or services advertised, featured, mentioned, sold, distributed, displayed or linked on or through the Site or the Services.

    10.  Submitted Ideas/Feedback.  All comments, suggestions, ideas, notes, drawings, concepts or other information disclosed or offered by you through the Site and the Services or in response to solicitations made through the Site or the Services (collectively, “Feedback”) is entirely voluntary and shall be deemed to be non-confidential and shall forever remain the sole property of Alpha Hat. You understand and acknowledge that Alpha Hat has both internal and external resources which may have developed, or may in the future develop, ideas, content, programming, etc. identical to or similar to your Feedback and you agree that Alpha Hat will not incur any obligation or liability to you or otherwise as a result of (i) any such similarities or (ii) Alpha Hat’s review of any of the Feedback. Alpha Hat shall exclusively own, throughout the universe in perpetuity, all rights of every kind and nature (whether currently existing or hereafter developed) in and to the Feedback and Alpha Hat shall be entitled to unrestricted use of the Feedback for any and all purposes whatsoever, commercial or otherwise, without any payment or other obligation to you or any other person involved with the creation and/or submission to Alpha Hat of the Feedback. You hereby waive any and all of your rights of droit moral and similar rights with respect to the Feedback.

    11.  Responsibility for User Submission.  Each individual who submits a user submission, whether published on the Site or not, is solely responsible for her or his own acts, including the content, context or information in the user submission he or she submits. This means that each individual, and not Alpha Hat, is entirely responsible for anything and everything she or he posts on the Site including on any post, comment, or answer. Alpha Hat does not, and does not intend to, pre-screen any posts, comments, or answers posted on its Site, and Alpha Hat cannot and does not guarantee the accuracy, integrity or quality of anything that may appear on its Site.

    12.  Disclosure.  We reserve the right to access, read, preserve, and disclose any user submissions (whether published or not) or any other information we believe is reasonably necessary to (a) comply with any applicable law, regulation, legal process, subpoena or governmental or regulatory request; (b) enforce these Terms of Service, including investigation of potential violations of it; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of Alpha Hat, its users, yourself or the public.

    13.  Disclaimer of Warranties.

THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Alpha Hat, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR SITE.

    SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

ALPHA HAT AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF Alpha Hat OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.

    14.  Limitation of Liability.

NEITHER ALHA HAT NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH ALPHA HAT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO Alpha Hat FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE OR ANY SERVICES, DURING THE PREVIOUS SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM.

    SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

    15.  Notice.  Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.

16.  No Agency. Nothing in these Terms of Service shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither Alpha Hat nor any other party to this Agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.

    17.  Miscellaneous.

The Site is directed solely to individuals residing in jurisdictions in which provision of the Site's content is legal. We make no representation that materials provided on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.

These Terms of Service, the Privacy Policy, together with all Alpha Hat policies referred to herein or otherwise published on Alpha Hat’s Site, constitutes the entire agreement between you and Alpha Hat relating to your use of the Site and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. These Terms of Service, the Privacy Policy, and the relationship between you and Alpha Hat are governed by and construed in accordance with the laws of the State of New York, without regard to its principles of conflict of laws. You and Alpha Hat agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within New York County, New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of the Terms of Service is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Service is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the Terms of Service.

    18.  Open Source Licenses

The Alpha Hat Site or its Services may contain or be provided together with open source software. Each item of open source software is subject to its own applicable license terms, which can be found below:

    https://github.com/tchap/go-patricia/blob/master/LICENSE
    https://github.com/GaryBoone/GoStats/blob/master/LICENSE

    Copyrights to the open source software are held by the respective copyright holders indicated therein.