PRIVACY POLICY

Last Updated: May 18, 2018

Your access to and use of the products and services of Visible Alpha, LLC (“Visible Alpha”) available through Visible Alpha’s password protected websites accessible on www.visiblealpha.com and other internet-based services (the “Services), shall be governed by the following privacy policy (“Privacy Policy”). This Privacy Policy applies to all versions of the Services, including test, alpha, beta, trial or free versions. This Privacy Policy also applies to any data that we collect as part of our sales and marketing efforts relating to the Service.

Other privacy policies may apply when you use, access or visit third party websites that may be linked via the Services. You should read those other privacy policies carefully. By accessing such other websites, or by purchasing, subscribing or participating in, certain of Visible Alpha’s products or services, you will be bound by those third party privacy policies.

As used herein, the term “Content Provider” refers to each third party provider of content provided through the Services and their respective affiliates. Through the Services, you can access and view various categories of commingled financial information and other related information, in each case, as provided by the Content Providers to the Services (each, “Provider Content”). The Services also contain hyper-links, which allow authorized customers of a Content Provider to click-through to the applicable pages on such Content Provider’s websites on which additional content may be accessed and viewed. In addition, through the Services, you will have access to financial information provided by Visible Alpha. Finally, your use of the Services may lead you, via a hyper-link or otherwise, to use websites independently owned and operated by other third parties (“Third-Party Sites”). If you click-through to any Content Provider’s website or any Third-Party Sites, either directly or indirectly through the Services (collectively, the “Linked Sites”), you acknowledge and agree that you shall be subject to the privacy policies and terms and conditions of usage applicable to such Linked Sites and that Visible Alpha is not responsible for any Linked Sites.

In addition to this Privacy Policy, we have established Terms of Use that set forth the general rules and policies governing your use of the Services. A copy of the Terms of Use can be found at visiblealpha.com/terms-of-use.

1. INFORMATION WE COLLECT AND WHY WE COLLECT IT

Registration Data and Access Data: In order to access the Services, during the registration process, either you or your employer will be required to provide Visible Alpha with certain information; including your name, employer, title, business address, business telephone number and business e-mail address (“Registration Data”). This Registration Data will be shared only with those Content Providers requested, by you or your employer, to authorize your use of the Services.

In addition, when you request or view Provider Content, the Content Provider providing such Provider Content may obtain user identifiable information related to your request of, or access or use of, such Provider Content (“Access Data”). Access Data contains the details of your access or use of Provider Content. Access Data is used by Visible Alpha and provided to Content Providers to ensure that Provider Content is only accessed by users who are entitled or permitted to do so. Access Data will be shared only with the Content Provider providing the Provider Content you request or access. Once shared with an applicable Content Provider, each Content Provider’s use of Registration Data and Access Data will be governed by such Content Provider’s own privacy policies which will be provided to you once you access the Content Provider’s content.

Data You Provide to Visible Alpha: If you contact us with a technical question, we may request and collect from you certain information about your systems, such as: (a) your browser type, version and settings (e.g., Java and cookie settings); (b) connectivity information (e.g., SSL/HTTPS compatibility, bandwidth capacity); and (c) browser plug-in information (e.g., do you have Adobe, what is your media player, can you open Flash files, etc.).

If you use certain portions of the Services, you may be permitted to provide feedback on certain events, phone calls, and other interactions with third parties (“Interactions Data”). If you choose to provide Interactions Data in certain portions of the Services, Visible Alpha will collect the Interactions Data and further publish and incorporate it into the Services. The Interactions Data that you provide may be associated with other information provided to Visible Alpha in connection with the Services.

If you use the Marketplace feature of the Services, you may be asked to provide certain information in order to purchase or request information or reports (“Marketplace Data”). Visible Alpha will use Marketplace Data to provide you with the information or reports you request, to obtain payment from you, and to provide payment to the providers of information or reports on the Marketplace.

Visitor Data: Other data related to your use of the Services may be shared with Content Providers or service providers for the Services (“Visitor Data”). While you are accessing the Services our Web servers may recognize certain data which is anonymized, such as your: (a) domain name; (b) ISP’s domain name; (c) browser type; and (d) operating system. We also may collect Visitor Data which is specific to you or your usage of the Services, such as your IP address.

We may use other types of Visitor Data, such as cookies, web beacons/pixels, and other technology to collect information about you when you visit our Services or interact with our emails. These cookies may be delivered in a first party or third party context. For example, we may collect information about your browser type and version, ISP, viewed web pages, links that are clicked, online searches via the Services, IP address, sites visited before and after visiting the Services, and emails we send that you open, forward, or click through to our Services.

A cookie is a small data file that is stored on your device or your web browser when you visit a Site. A "session cookie" expires immediately when you end your session (i.e., close your browser). A "persistent cookie" stores information on the hard drive so when you end your session and return to the same Site at a later date, the cookie information is still available. A pixel tag ("pixel") is a small string of code that is used in conjunction with a cookie.

The Services collect the following cookies:

First Party Cookies
Name Domain Expires/Max-Age Purpose
AWSELB static.oneaccess.io Session For passing variable values across pages during a session
AWSELB oneaccess.io Session For passing variable values across pages during a session
__hssrc .oneaccess.io Session For passing variable values across pages during a session
__hstc .oneaccess.io 2020-04-29T13:06:31.000Z Remember the user preferences across multiple sessions
_ga .oneaccess.io 2020-05-02T07:11:54.000Z Remember the user preferences across multiple sessions
_gat .oneaccess.io 2018-05-03T07:12:54.000Z Remember the user preferences across multiple sessions
_gid .oneaccess.io 2018-05-04T07:11:54.000Z Remember the user preferences across multiple sessions
hubspotutk .oneaccess.io 2028-04-27T13:06:31.000Z Remember the user preferences across multiple sessions
oneAccess .oneaccess.io 2019-04-30T13:06:41.442Z Remember the user preferences across multiple sessions
oneAuth .oneaccess.io 2018-05-03T19:11:54.096Z Remember the user preferences across multiple sessions
recalculateNewEvents oneaccess.io Session For passing variable values across pages during a session
__distillery app.visiblealpha.com 2018-09-12T12:52:44.000Z Remember the user preferences across multiple sessions
__hstc .visiblealpha.com 2020-04-16T06:31:03.000Z Remember the user preferences across multiple sessions
__lotl .visiblealpha.com 2018-10-14T06:31:03.000Z Remember the user preferences across multiple sessions
__unam .visiblealpha.com 2019-01-16T18:30:00.000Z Remember the user preferences across multiple sessions
__utma .app.visiblealpha.com 2020-05-02T07:14:17.000Z Remember the user preferences across multiple sessions
__utmb .app.visiblealpha.com 2018-05-03T07:44:17.000Z Remember the user preferences across multiple sessions
__utmc .app.visiblealpha.com Session For passing variable values across pages during a session
__utmt .app.visiblealpha.com 2018-05-03T07:24:17.000Z Remember the user preferences across multiple sessions
__utmz .app.visiblealpha.com 2018-11-01T19:14:17.000Z Remember the user preferences across multiple sessions
_ga .visiblealpha.com 2020-04-16T06:31:01.000Z Remember the user preferences across multiple sessions
_lo_u .visiblealpha.com 2020-04-16T06:50:18.000Z Remember the user preferences across multiple sessions
_lo_uid .visiblealpha.com 2020-04-16T06:50:18.000Z Remember the user preferences across multiple sessions
_lo_v .visiblealpha.com 2019-04-17T06:50:18.000Z Remember the user preferences across multiple sessions
ajs_anonymous_id .visiblealpha.com 2019-02-13T06:14:22.000Z Remember the user preferences across multiple sessions
ajs_group_id .visiblealpha.com 2019-02-13T06:14:22.000Z Remember the user preferences across multiple sessions
ajs_user_id .visiblealpha.com 2019-02-13T06:14:22.000Z Remember the user preferences across multiple sessions
csrftoken app.visiblealpha.com 2019-05-02T07:14:13.177Z Remember the user preferences across multiple sessions
hubspotutk .visiblealpha.com 2028-04-14T06:31:03.000Z Remember the user preferences across multiple sessions
machine_id app.visiblealpha.com 2291-09-27T10:54:13.102Z Remember the user preferences across multiple sessions
muxData app.visiblealpha.com 2038-04-28T07:14:20.000Z Remember the user preferences across multiple sessions
session_key app.visiblealpha.com 2045-09-18T07:14:12.962Z Remember the user preferences across multiple sessions
sessionid .visiblealpha.com 2018-05-17T07:14:13.177Z Remember the user preferences across multiple sessions
Third Party Cookies
Name Domain Expires/Max-Age Purpose
NID .gstatic.com 2018-10-26T11:23:23.812Z To put Visible Alpha on Google's search results.
__cfduid .cloudflare.com 2018-10-17T13:35:14.544Z Website Security
__distillery fast.wistia.com 2018-11-07T15:48:27.000Z Video Hosting
muxData fast.wistia.com 2038-02-11T06:53:50.000Z Video Hosting
wistia-http2-push-disabled .fast.wistia.com 2018-05-03T08:13:18.743Z Video Hosting

By collecting this information we can better understand how you interact with the Services; give you a more personal and optimized online experience by tracking your preferences; keep the Services secure; improve the Services; fulfill contracts with our Content Providers or service providers; and provide more effective customer service to you.

2. HOW WE USE AND SHARE YOUR INFORMATION

We will only use or share your personal data when the law allows us to do so.

To Provide the Services and Information.

Registration Data will be shared only with those Content Providers requested, by you or your employer, to authorize your use of the Services. Access Data will be shared only with the Content Provider providing the Provider Content you request or access in order to ensure that Provider Content is only accessed by users who are entitled or permitted to do so.

Interactions Data may be incorporated into the Services and displayed for viewing and use by other users of the Services.

Marketplace Data will be used to provide you with the information or reports you request, to obtain payment from you, and to provide payment to the providers of information or reports on the Marketplace.

Registration Data, Access Data, Interactions Data, Marketplace Data, and Visitor Data may also be used by Visible Alpha: (a) in order to allow us to provide you with the products and services you have requested included within or accessible from the Services; (b) in order for us to provide you with access to or from the Linked Sites; (c) for our own internal business and/or research and development purposes; and (d) in connection with our client services and client management systems.

Some of the personal data you provide to Visible Alpha, including the Registration Data and Access Data, is required for Visible Alpha to fulfill its obligations to Content Providers. Visible Alpha must use such data to validate that only permitted users have accessed Provider Content from Content Providers.

Where you must provide personal data to us to perform an agreement with you, we may not be able to perform that agreement without use of such data. Some of the personal data you provide to Visible Alpha, including Registration Data, Access Data, and Marketplace Data, is required for Visible Alpha to operate the Services according to the Terms of Use in place with you.

In order to provide the Services, we may transfer or disclose Registration Data, Access Data, Interactions Data, Marketplace Data, and Visitor Data to any Content Provider of Visible Alpha or to third parties in connection with their providing you access to the Services or to allow you to access the Linked Sites. Disclosures to these third parties will be subject to confidentiality agreements and, where required, governed by contract in the form required by law. Visible Alpha may also be required to disclose information to governmental, regulatory or self-regulatory entities or agencies in response to regulatory inquiries or to comply with applicable laws, rules, regulations, orders, subpoenas or other legal processes.

We use third parties to assist with providing our products and services to you, host our Services, send out email updates about the Services, provide marketing and advertising services for us, remove repetitive information from our user lists, and process payments. These service providers will have access to your personal information in order to provide these services, but when this occurs we implement reasonable contractual and technical protections to limit their use of that information to help us provide the service. We also employ appropriate security and technological controls and provisions to protect against unauthorized Visible Alpha employee access to your personal information.

Marketing. We may provide you with information about our products and services where permitted by law or with your consent. You may opt out of receiving marketing e-mail from us by following the instructions in each e-mail.

Your Consent. We may use and share your personal data (including with companies, organizations or individuals outside of Visible Alpha) when we have your consent to do so.

Legal obligations. We may use your personal data where we need to comply with a legal obligation.

Legitimate or vital interests. We may process your personal data where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. These interests may include:

  • To provide and fulfill contractual obligations to Content Providers for: entitlement (including reverse entitlement): communication between you and the Content Providers including search capabilities to identify buy side users: identification of buy side user interactions and consumption preferences; and opt in anonymized peer analysis.
  • Where the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business or the Services to a third party, such as by merger, acquisition, bankruptcy proceeding or otherwise, in which case we may transfer or sell your personal information to the new owner. In such a case, unless permitted or otherwise directed by applicable law, your information would remain subject to the terms of the applicable privacy policy in effect at the time of such transfer.
  • Where we reasonably need to access, use, preserve or disclose information as reasonably necessary to:
    • Meet any applicable law, regulation, subpoena, legal process or governmental request.
    • Enforce applicable Terms of Use, including investigation of potential violations.
    • Detect, prevent, or otherwise address fraud, security or technical issues.
    • Protect against harm to the rights, property or safety of Visible Alpha, our users, customers or the public as required or permitted by law.

Other uses. We may also use your personal data in the following situations:

  • Where we need to protect your interests (or someone else’s interests).
  • Where needed in the public interest.

Use within Visible Alpha companies. We may share your personal data with our affiliates and group companies for the purpose of data centralization, support and administration of the Services and Visible Alpha’s services as well as to facilitate the legitimate interests set forth above.

If you do not wish for Visible Alpha to collect any of your information or do not agree with this Privacy Policy, you should not use and should exit the Services. If after registering with Visible Alpha, you do not wish to use the Services and have your personal data processed by Visible Alpha, you must notify Visible Alpha in writing at the address listed below and immediately cease use of the Services. In the event you have any questions regarding this Privacy Policy or your information that is held by us you may contact us via email at privacy@visiblealpha.com, or by mailing correspondence to Visible Alpha, 8 East 40th Street, 6th Floor, New York, NY 10016 and immediately cease use of the Services.

3. RIGHTS OF ACCESS, CORRECTION, ERASURE AND RECTIFICATION OF YOUR INFORMATION AND CHOICES

If you have questions about personal information we have about you can contact us at privacy@visblealpha.com. You can opt-out of receiving marketing and promotional e-mails from Visible Alpha by using the opt-out or unsubscribe feature contained in the e-mails.

You can close your online user account by emailing us at privacy@visibleaplpah.com. If you close your account, we will no longer use your online user account information or share it with third parties. We may, however, retain a copy of the information for a period of time reasonably necessary for archival purposes, and to avoid identity theft or fraud.

If you have any questions about this privacy notice or how we handle your personal data, please contact Roma Greening, New Broad Street House, 35 New Broad Street, London, United Kingdom EC2M 1NH or at privacy@visblealpha.com.

You have the right to make a complaint at any time to the appropriate data protection authority in your country of residence.

Please note that you have rights to obtain a copy of your personal data and in certain situations to obtain correction, erasure and restriction of processing of your personal data.

You have a right of data portability.

You have the right to object to processing of your personal data based on the legitimate interests set forth above in Section 3 of this Privacy Policy.

You have the right to object to any direct marketing by Visible Alpha, even if you have previously given your consent to direct marketing by Visible Alpha.

Where processing is based on your consent you have a right to withdraw this consent at any time.

4. DATA RETENTION

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. We will keep your personal data for the time during which your user account is open (or, if you do not have a user account, for a reasonable period) or, if longer, the period required by law.

To determine the appropriate retention period for your personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances we may anonymize your personal data so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you no longer hold a user account, we will retain and securely destroy your personal information in accordance with our data retention policy and applicable laws and regulations.

Data collected based on your consent for the purpose of marketing communications will be retained for as long as you give your consent to Visible Alpha for the processing of your personal data for marketing communications or if later, if permitted under another legal basis.

5. INTERNATIONAL TRANSFERS

We may transfer your personal data to countries outside the EEA in which case we will do so in accordance with the EU Commission standard contractual clauses or as otherwise permitted by law.

6. CHANGES TO OUR PRIVACY POLICY

Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your consent in accordance with applicable law. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice as we deem appropriate. We will also keep prior versions of this Privacy Policy in an archive for your review.

7. SECURITY OF YOUR INFORMATION

We use commercially reasonable physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information.

Visible Alpha may use encryption technology to protect certain transmissions of data to/from the Services, but e-mail and other communications, unless otherwise noted on the Services, are not encrypted to/from the Services. Therefore, you should not send any personal or identifying information, such as account numbers, credit card numbers, Social Security numbers, passwords, etc., to Visible Alpha via e-mail. By utilizing e-mail or other electronic communication means you acknowledge that you have no expectation of privacy with respect to the information delivered thereby and that Visible Alpha will not be responsible for any loss or damage that could result from interception by third parties of any information so sent.

Please remember that when you leave the Services and access Linked Sites you will be subject to the terms of use and privacy policies, if any, of the Linked Sites that you are visiting. Visible Alpha will have no control over the terms of use or privacy policies of such Linked Sites.

TERMS OF USE

Your access to and use of the products and services of Visible Alpha, LLC (“Visible Alpha”) available through Visible Alpha’s password protected website www.visiblealpha.com as well as other internet-based services (the “Services”), shall be governed by the following terms and conditions of use (“Terms of Use”). These Terms of Use apply to all versions of the Services, including test, alpha, beta, trial or free versions.

Other terms and conditions may apply when you use or access or visit third party websites that may be linked via the Services. You should read those other terms and conditions carefully. By accessing such other websites, or by purchasing, subscribing or participating in, Visible Alpha’s products or services, you agree to be bound by those terms and conditions of other third party websites. In the event of any conflict or inconsistency, those other terms and conditions will prevail to the extent of that conflict or inconsistency in relation to your use of or access to the other websites or services, or your purchase, subscription or participation in the relevant products or services, as applicable.

The Services, and the information contained on or through the Services, may be accessed only by (i) persons who have been authorized by their employer to use the Services pursuant to these Terms of Use, or (ii) persons who have the authority to bind their employer to the use of the Services pursuant to these Terms of Use (in each case, an “Authorized User”). By clicking the ACCEPT button at the end of these Terms of Use, you represent that you are an Authorized User and that you accept these Terms of Use and agree to be bound by them.

If you, or your employer, do not wish to be bound by these Terms of Use, you must not use the Services. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES.

Section 1 – SCOPE AND SERVICES STRUCTURE

1.1 Content Providers.

As used herein, the term “Content Provider” refers to each third party provider of content provided through the Services and their respective affiliates.

1.2 Structure & Links.

The Services are a financial information portal provided by Visible Alpha. Through the Services, you can access and view various categories of commingled financial information, in each case, as provided by the Content Providers to the Services (each, “Provider Content”). The Services also contain hyper-links, which allow authorized customers of a Content Provider to click-through to the applicable pages on such Content Provider’s websites on which additional content may be accessed and viewed. In addition, through the Services, you will have access to financial information provided by Visible Alpha. Finally, your use of the Services may lead you, via a hyper-link or otherwise, to use websites independently owned and operated by other third parties (“Third-Party Sites”). If you click-through to any Content Provider’s website or any Third-Party Sites, either directly or indirectly through the Services (collectively, the “Linked Sites”), you acknowledge and agree that you shall be subject to the terms and conditions of usage applicable to such Linked Sites.

If you use certain portions of the Services, you may be permitted to provide feedback on certain events, phone calls, and other interactions with third parties (“Interactions Data”). If you choose to provide Interactions Data in certain portions of the Services, Visible Alpha may collect the Interactions Data and further publish and incorporate it into the Services. The Interactions Data that you provide may be associated with other information provided to Visible Alpha in connection with the Services.

By providing the Interactions Data, you hereby irrevocably assign to Visible Alpha, free and clear of any restriction or encumbrances, all of your rights, title and interest in and to the Interactions Data you provide in and to the Interactions Data. You agree that you will not provide false, misleading, or inaccurate Interactions Data, or provide Interactions Data in a manner not otherwise contemplated by the Services or permitted by your employer.

1.3 Disclaimer.

Visible Alpha provides links to the Linked Sites and access to Provider Content only as a convenience and without (i) any obligation on the part of Visible Alpha or the Content Providers (which term for purposes of this Section 1.3 shall not include a particular Content Provider when the Linked Sites is that Content Provider’s own website) to review such Linked Sites or Provider Content or (ii) any liability or responsibility arising out of your use thereof. The fact that you may click-through to Linked Sites or be provided with access to does not mean that Visible Alpha endorses or guarantees such Linked Sites, the Linked Sites’ sponsors or the Linked Sites’ content. Linked Sites’ content to which you link or are provided access, either directly or indirectly, from or on the Services will not have been developed, reviewed or monitored by Visible Alpha or the other Content Providers, and Visible Alpha and the Content Providers cannot and do not guarantee or make any representation or warranty, either express or implied, as to the accuracy, validity, sequence, timeliness, completeness or continued availability of any such content. In addition, the Provider Content provided on the Services speaks only as of the date issued. You should not rely on the Provider Content as expressing a Content Provider’s current opinion or as representing current information. Neither Visible Alpha nor the Content Providers have undertaken, and do not undertake any duty to update the Provider Content on the Services or otherwise advise you of changes in their opinion or in the information. The Provider Content is provided for your convenience only, and is not a republication or reconfirmation of the opinion or information contained therein.

None of the information contained in the Services constitutes a recommendation, solicitation or offer by and person to buy or sell any securities, futures, options or other financial instruments or provide any investment advice or service. The information contained in the Services have been prepared without reference to any particular user’s investment requirements or financial situation. Certain transactions give rise to substantial risk and are not suitable for all investors. Prior to the execution of any transaction by you involving information you received from the Services, you should consult your business advisor, attorney and tax and accounting advisors with respect to the price, suitability, value, risk or other aspects of any stock, mutual fund, security or other investment. Pricing and other information generated through the use of data or services made available herein may not reflect actual prices or values that would be available in the market at the time provided or at the time that the user may want to purchase or sell a particular security or other instrument. The information and services provided on the Services are not provided to and may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization. Visible Alpha or a Content Provider is not authorized to provide such information or services. Some products and services described in this website may not be available in all jurisdictions or to all users.

1.4 Posted Guidelines.

In addition to these Terms of Use, when using the Services, you shall be subject to and agree to follow any posted guidelines or rules, which may be posted from time to time. Nothing on the Services shall be considered a solicitation to buy or an offer to sell a security to any person in any jurisdiction.

1.5 Registration Data.

In order to access the Services, during the registration process, either you or your employer will be required to provide Visible Alpha with certain information; including your name, employer, title, business address, business telephone number and business e-mail address (“Registration Data”). In consideration of your use of the Services, you and/or your employer agree to: (a) provide true, accurate, current and complete Registration Data to Visible Alpha and to the Content Providers either as provided directly to Visible Alpha or the Content Providers by your employer or as prompted by the Services’ registration form and (b) maintain and promptly update the Registration Data, or similar information provided directly to the Content Providers, and to keep the same true, accurate, current and complete.

1.6 Passwords.

Provided that your Registration Data is approved and certified by Visible Alpha, a password will be provided to you to permit you to use the Services and, where authorized, to provide convenient and seamless access to certain Third-Party Sites and Linked Sites. The password assigned to or by you is for your use only and you are solely responsible for the safekeeping of your password. You are responsible if your password is lost, stolen or misused and you must notify us immediately if any of these events happen. You will be responsible for all activity attributable to your password.

1.7 Authorized Users Only.

Only Authorized Users may use the Services. You shall notify Visible Alpha immediately if they become aware of any unauthorized use of the Services. If a user is no longer an Authorized User, such as if the user is no longer an employee of your company, you shall notify Visible Alpha immediately and without delay.

1.8 Changes to Services.

Visible Alpha reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on the Services and to suspend and/or deny access to the Services for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on the Services may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and Visible Alpha does not undertake any obligation or responsibility to update or amend any such information. Visible Alpha may discontinue or change any product or service described in or offered on the Services at any time.

1.9 Right to Terminate User Access.

Visible Alpha reserves the right to limit, restrict and terminate your access to and use of the Services at any time, in whole or in part, in its sole discretion and without notice.

Section 2 – DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

2.1 Information “As Is” and “As Available”.

THE INFORMATION PROVIDED ON OR THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. YOUR USE OF THE SERVICES OR ANY LINKED SITES IS AT YOUR OWN RISK. ALTHOUGH THE INFORMATION ON THE SERVICES ARE OBTAINED OR COMPILED FROM SOURCES VISIBLE ALPHA AND CONTENT PROVIDERS BELIEVE TO BE RELIABLE, NEITHER VISIBLE ALPHA NOR ANY CONTENT PROVIDER CAN NOR DOES GUARANTEE OR MAKE ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY, VALIDITY, SEQUENCE, TIMELINESS, COMPLETENESS OR CONTINUED AVAILABILITY OF ANY INFORMATION OR DATA, INCLUDING THIRD-PARTY CONTENT, MADE AVAILABLE ON THE SERVICES OR ON ANY LINKED SITES. IN NO EVENT SHALL VISIBLE ALPHA OR ANY CONTENT PROVIDER BE LIABLE FOR ANY DECISION MADE OR ACTION OR INACTION TAKEN BY YOU IN RELIANCE ON ANY INFORMATION OR DATA, INCLUDING THIRD-PARTY CONTENT, ON THE SERVICES OR ON ANY LINKED SITES. VISIBLE ALPHA AND EACH CONTENT PROVIDER FURTHER EXPLICITLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VISIBLE ALPHA, CONTENT PROVIDERS, AND SUPPLIERS OF ALL OTHER THIRD-PARTY CONTENT AND ANY OTHER THIRD PARTY WORKING WITH VISIBLE ALPHA SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGES OR LOSS (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND ANY AND ALL OTHER FORMS OF DAMAGES OR LOSSES REGARDLESS OF THE FORM OF THE ACTION OR THE BASIS OF THE CLAIM) CAUSED OR ALLEGED TO BE CAUSED IN CONNECTION WITH YOUR USE OF THE SERVICES WHETHER OR NOT FORESEEABLE, EVEN IF VISIBLE ALPHA OR ANY CONTENT PROVIDER, SUPPLIERS OF THIRD-PARTY CONTENT OR OTHER THIRD PARTIES WORKING WITH VISIBLE ALPHA IN CONNECTION WITH THE SERVICES HAVE BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.

Section 3 – Proprietary rights

3.1 Proprietary Rights.

All right, title and interest in the Services and any content contained herein is the exclusive property of Visible Alpha or the applicable third party data or Content Provider, except as otherwise stated. Unless otherwise specified, the Services are for your personal and internal-business use only and you may print, copy and download any information or portion of the Services for your personal use only.

3.2 Restrictions.

You may not modify, copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, scrape any data from the Services, store any data made available by Visible Alpha in a way which is capable of being scraped or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from the Services, except for the purposes expressly provided herein, without Visible Alpha’s prior written approval. If you copy or download any information or software from the Services, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.

3.3 Trademarks.

Visible Alpha, the Visible Alpha logo and other Visible Alpha trademarks and service marks referenced herein are trademarks and service marks of Visible Alpha. The names of other companies and third-party products or services mentioned herein may be the trademarks or service marks of their respective owners. You are prohibited from using any marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Visible Alpha or such third party, which may own the marks.

3.4 Copyright Agent.

Pursuant to Section 512(c)(2) of the Copyright Act, Visible Alpha designates the following agent to receive notifications of claimed infringement: [copyrights@visiblealpha.com].

3.5 Feedback.

You may from time-to-time submit feedback, comments, suggestions, questions, ideas, or other information to Visible Alpha concerning the Services or Visible Alpha’s products, services, technology, techniques, processes or materials (“Feedback”). Visible Alpha may in connection with any of the Services and its products and services freely use, copy, disclose, license, distribute and otherwise exploit such Feedback in any manner without any obligation, payment, royalty or restriction whether based on intellectual property rights or otherwise.

Section 4 – MISCELLANEOUS

4.1 Entire Agreement.

These Terms of Use constitute the entire agreement of the parties hereto with respect to the subject matter hereof and supersede all prior agreements and undertakings, both written and oral, between the parties with respect to the subject matter hereof.

4.2 Severability.

If any term or other provision of these Terms of Use is invalid, illegal or incapable of being enforced by any law or public policy, all other terms and provisions of these Terms of Use shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party.

4.3 Governing Law; Forum.

These Terms of Use shall be governed in all respects by the laws of the State of New York, and any litigation arising out of or connected in any way with these Terms of Use shall take place in a State or Federal court of competent jurisdiction in New York County, State of New York. Visible Alpha and you acknowledge and agree that unless expressly included in any other agreement between Visible Alpha and you the requirements of the E-Commerce Directive (00/31/EC) as implemented are excluded to the fullest extent permissible by law. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings.

4.4 Causes of Action.

Any cause of action you may have with respect to your use of the Services must be commenced within one (1) year after the claim or cause of action arises.

4.5 Waiver of Jury Trial.

YOU WAIVE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY ACTIONS OR PROCEEDINGS DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS OF USE.

4.6 Contact Information.

In the event you have any questions regarding these Terms of Use or your information that is held by us you may contact us via email at info@visiblealpha.com, or by mailing correspondence to Visible Alpha, 8 East 40th Street, 6th Floor, New York, NY 10016.