Terms and Conditions
1. Description of Service
This Site provides a variety of resources and information and various tools for searching, viewing, analysing, finding research content and experts and otherwise using and consuming such information. Such access, tools and service offering is referred to as the “Services”. The Site does not provide medical, investment or legal advice, and no attorney-client relationship is created between users of the Services and AE or its licensors.
2. Authorised Users
You affirm that you are over the age of 18. If you are under 18 years of age, you may not access or use the Site or our Services absent the consent of a parent or guardian. Subject to these Terms, you may not access or use the Site or our Services if you are unable to form a legal binding agreement with AE. You also affirm that you are one of the following “Users”: an institutional investor, authorised investor relations person of a publicly listed company, a sell side institution, independent research provider or an individual expert.
3. Alpha Exchange Content Disclaimer
Some of the content on this Site, including without limitation, the text, software, scripts, graphics, videos and the like ("Site Content") is created and developed by users and provided to AE under license for dissemination over the internet ("User Content"). User Content includes, among other things, AE News Analyses, AE Education Seminars' workbooks, presentations and other related materials, and User biographical and employment information. AE cannot guarantee and makes no representations as to the accuracy or quality of User Content, all of which is offered "as is." AE does not develop, endorse, and is not responsible for User Content. The use of a company or entity name in User biographical or employment information should not be construed as an express or implied endorsement by such company or entity of AE. Users are not employees or under the supervision of AE. Users have agreed to be bound by the Terms and Conditions and have represented, among other things, that they will not disclose information that is subject to a confidentiality obligation or participate in the use of the site in violation of any agreements or duties owed to employers or other third parties. AE relies on the accuracy of these representations of the Users and does not necessarily seek independent verification.
For the sake of clarity, you may not, directly or indirectly, (nor may you permit any third party) to: (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code, taxonomies, vocabularies, or underlying ideas, functionality, logic or algorithms of our Services; (ii) modify, translate, or create derivative works based on this Site or our Services; (iii) rent, lease, distribute, sell, resell, assign, or otherwise transfer your rights to use this Site or our Services; (iv) copy, share, distribute or otherwise make available to anyone who is not an authorized user of our Services, any screen captures, screen shots, or other such similar information which would necessarily reveal AE Content to persons not authorized to view such content by AE, except that you may share such information within your company or organization; (v) use this Site or our Services for timesharing or service bureau purposes or otherwise for the benefit of a third party; (vi) use the Site or our Services in automatic, semi-automatic or manual tools designed to create virus signatures, virus detection routines, or any other data or code for detecting malicious code or data, or (vii) use, modify, duplicate, print, transmit or distribute in any manner any AE Content or any other reports, research, materials, data or other information viewed, accessed or provided on this Site or as part of our Services except as expressly set forth in these Terms or, to the extent your use is expressly permitted by a legally binding written agreement with AE, solely for your internal business use in accordance with, and subject to the terms of, such agreement.
4. Confidentiality Agreement
Users agree not to disclose or attempt to use or personally benefit from any Confidential Information, as defined below, you learn on the Site.
This obligation shall continue until such time as the Confidential Information has become publicly known through no action of your own. Confidential Information shall include: (i) the existence, title and description of any AE project (such as may be found on the "My Requests" tab of the Site); (ii) information about actual or potential business, investment or trading decisions or transactions of any other AE User; (iii) any other confidential information of AE or its Clients, and (iv) any intellectual property, including without limitation any trade secrets, know-how, or copyrighted information, of AE or its Clients. If you are compelled by order of a court or other governmental or legal body (or have notice that such an order is being sought) to divulge any Confidential Information, you agree to promptly and diligently notify AE and cooperate fully with AE in protecting such information to the extent possible under applicable law.
5. Copyright Policy
AE prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to AE at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. AE's contact for submission of notices under this Section regarding claimed copyright infringement is: Legal Department, Alpha Exchange Ltd., 20-22 Wenlock Road, London, N1 7GU.
You agree and understand that you are solely responsible for maintaining the confidentiality of passwords associated with your AE account. Accordingly, you agree that you will be solely responsible to AE for all activities that occur under your account. If you become aware of any unauthorized use of your password, or of your AE account, you agree to notify AE immediately at: email@example.com.
You shall not violate or attempt to violate the security of the Site. Violations of system or network security may result in civil or criminal liability. AE reserves the right to investigate occurrences which may involve such violations and may involve and cooperate actively with, law enforcement authorities in prosecuting users who have participated in such violations.
7. Your Account
You represent that any information you post or provide to AE by means of this Site, including, without limitation, as part of any registration, application or inquiry, is true, accurate, not misleading and offered in good faith. You must inform AE of any change in your user type immediately as the change becomes known. You may never use another user’s account without permission or let anyone else use your account. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify AE as soon as possible of any breach of security or unauthorized use of your account.
9. Disclaimer of Warranties
THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT AE IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT OR THAT THE FUNCTIONALITY ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL AE OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF AE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
10. Third-Party Web Sites
As a condition of your use of this Site, you agree to indemnify, defend and hold AE, our officers, directors, employees, agents and representatives harmless from and against all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the Terms; (b) your use of the Site; or (c) your violation of the rights of any third party.