Terms And Conditions Of Use And Participation
1.
Terms and Conditions Acknowledgment
EMA Softech and its affiliate, AlphaFunds, (‘EMA Softech-AlphaFunds’), which own
and operate the AlphaFunds.com web site (‘the A.F. site’), provide these terms
and conditions (the ‘Terms and Conditions’) for use of the A.F. site to the user
(the ‘user’ or you’). PLEASE READ THIS DOCUMENT CAREFULLY. You understand that
accessing or transmitting information, registering, or otherwise participating
in use of this site constitutes and shall be deemed an acceptance by you of
these Terms and Conditions. EMA Softech-AlphaFunds reserves the right, at its
sole discretion, to change, modify or add to these Terms and Conditions, at any
time, and without prior notice to you. If you do not wish to be bound by these
Terms and Condition, you may not use or participate in the use of this site, and
in such event any use of this site is unauthorized.
2.
Registering with EMA Softech-AlphaFunds
You must be at least eighteen (18) years of age to register to use the A.F.
site. By completing a registration for the A.F. site, you are automatically
registering as a user of the A.F. site and hereby agree that any and all
Information (as defined below) that you supply in the registration process and
other information that the A.F. site may require from you from time to time, is
current, truthful and complete. EMA Softech-AlphaFunds reserves the right to
terminate your registration with the A.F. site at any time or in the event the
Information, including your e-mail address, is no longer current or accurate.
You shall be the only authorized user of the A.F. site through your User Name,
User Identification and Password. You also hereby agree that you shall be solely
responsible for all statements made, or acts or omissions that occur on the A.F.
site through the use of your User Name, User Identification and Password. You
hereby agree not to provide or make known your User Name, User Identification
Password or e-mail address to any other person for the purpose of facilitating
such person's access and unauthorized use of the A.F. site. You hereby agree to
immediately notify EMA Softech-AlphaFunds if you become aware of:
(i)
any loss or theft of your User Name, User Identification and Password or
(ii)
any unauthorized use of your User Name, User Identification or Password.
If you allow any other person to access the A.F. site through your User Name,
User Identification and Password, you hereby agree to defend and indemnify EMA
Softech-AlphaFunds and any independent contractor engaged by EMA
Softech-AlphaFunds to assist in moderating the A.F. site or otherwise, against
any liability, costs or damages arising out of claims or suits by third parties
based upon, or relating to, such access and use by such other person.
3.
Information & Advertisements posted by third parties
The data published at this site is for informational purposes only. Use of this
information in violation of federal, state, or local laws is prohibited. Though
EMA Softech-AlphaFunds makes every reasonable effort to screen its advertisers
and sponsors (collectively ‘advertisers’), EMA Softech-AlphaFunds does not
endorse or recommend the services of any advertiser. The advertiser you select
is solely responsible for its services to you, their customer. The A.F. site may
display links to other sites that may be of interest to the site visitor but for
which EMA Softech-AlphaFunds has no responsibility and only provides as a
service to the site visitor. The user accepts that after leaving any of the A.F.
site, EMA Softech-AlphaFunds cannot be responsible in any way for any material
that you encounter and we exclude to the fullest extent permitted by law all
liability that may arise with respect to or as a result of such material causing
any damage, costs, injury or financial loss of any kind.
4.
User Conduct Guidelines
You understand that using A.F. site for an illegal purpose or to transmit
content that is unlawful, harassing, libelous, invasive of another's privacy,
harmful, vulgar, obscene or otherwise objectionable, may result in removal of
your portfolio, postings and/or termination of your membership at the sole
discretion of EMA Softech-AlphaFunds. Although by no means exhaustive, the
categories of postings or actions that could result in the removal of your
portfolio, postings and/or termination of your membership are:
·
The unauthorized posting of material, non-public information about companies;
·
The use of the A.F. site to transmit junk mail, spam or unsolicited mass
distributions of e-mails;
·
The posting of content that you are prohibited by law from transmitting (e.g.,
third-party copyright or trademark) or that you are prohibited from transmitting
by contractual or fiduciary duties (e.g., nondisclosure agreement terms);
·
The posting of content that is threatening of, harassing of, or offensive to any
other individual or entity, particularly any member of the A.F. site and any
entity discussed on the A.F. site;
·
The posting or transmittal of sexually explicit content;
·
The posting of knowingly false or misleading statements;
·
The posting of information to manipulate or attempt to manipulate the market for
any security;
·
The impersonation by you of any person or entity, or any false statement of
affiliation by you with any person or entity;
·
The posting or transmittal of any unsolicited advertising, promotional or
marketing materials, sales information or other forms of solicitation;
·
The posting of statements that constitute offers to buy or sell any security;
·
The making of statements or posting of materials that encourage criminal conduct
or that would give rise to civil liability or otherwise violate any law in any
jurisdiction, including but not limited to securities laws or regulations;
·
The transmission of chain letters or pyramid schemes, advertising (unless with
the prior written consent of EMA Softech-AlphaFunds) or any other form of
commercial solicitation;
·
The making of statements or posting of materials that are ‘off-topic’ for a
designated forum;
·
The making of statement or posting of materials that solicit or encourage users
to become affiliated or to do business with competitors of EMA
Softech-AlphaFunds;
·
The transmission of files that (i) contain viruses or malicious codes, or are
otherwise corrupted or (ii) may damage the operation of another member's
computer; and
·
The posting or transmittal of any message or content that violates any
applicable local, state, national, international or foreign law, including
without limitation rules and regulations promulgated by the U.S. Securities and
Exchange Commission, the Board of Governors of the Federal Reserve System or any
applicable self-regulatory organization or governmental entity.
A.F. Site Content
The content available through the A.F. site (including without limitation data,
software code and software applications) is the property of EMA
Softech-AlphaFunds or its licensors, and is protected by copyrights, trademarks,
service marks, patent or other proprietary rights and laws. You hereby agree
that all content located on the A.F. site is the sole property of EMA
Softech-AlphaFunds or its licensors. You understand and hereby agree that the
information in, or derived from, predictions and other information contained on
the A.F. site, including without limitation text, graphics, images, animations,
computer programs, data, designs, logos and button icons and the arrangement,
collection and assembly thereof, is the property of EMA Softech-AlphaFunds, and
may not be copied, modified, adapted, translated, mirrored, reverse engineered,
decompiled, disassembled, republished, redistributed, transmitted, altered,
edited or exploited in any manner for any purpose without the express written
permission of EMA Softech-AlphaFunds, with the exception that you are hereby
permitted to display, print and store one (1) electronic copy of information
provided by EMA Softech-AlphaFunds for your own personal use.
You hereby agree that EMA Softech-AlphaFunds and any independent contractor
engaged by EMA Softech-AlphaFunds to assist in moderating the A.F. site shall
not be liable for any errors or delays in the content of any information
provided through the A.F. site, or for any actions taken by you or any
third-party in reliance thereon. Market data and other information discussed on
the A.F. site includes information that has been posted by members, and EMA
Softech-AlphaFunds makes no representations or warranties as to the accuracy or
completeness, or continued availability of this information, and such
information should not be relied upon. Such information is inherently subject to
change without notice and may become outdated. You should therefore verify any
information obtained from this service before you act upon it.
EMA Softech-aLPHAfUNDS has been granted a license to provide, through this web
site, certain Value Line data, ratings and earning estimates related to
companies whose securities are publicly traded (collectively, the ‘Value Line® Data’). yOUR USE OF THE VALUE LINE®
DATA is entirely at your own risk and It is your sole responsibility to evaluate
the accuracy, completeness and usefulness of all Value Line® Data. your use of
the Value Line® Data IS SUBJECT TO THE FOLLOWING TERMS.
IF YOU DO NOT
AGREE WITH ANY TERM, EXIT THIS SITE IMMEDIATELY AND YOU WILL receive A REFUND OF
THE MONEY YOU PAID, IF ANY, FOR THE VALUE LINE® DATA.
ALL Value Line® Data IS PROVIDED ‘AS IS’ and on an ‘as available’ basis without
warranties of any kind, either express or implied, INCLUDING WITHOUT LIMITATION
WARRanties of merchantability or fitness for a particular purpose. Neither EMA
Softech nor Vlp NOR ANY OF VLP'S AFFILIATES warrants that the Value Line® Data
will be accurate, complete, uninterrupted or error free or that any information,
software, or other material accessible FROM OR RELATED TO THE Value Line® Data
is free of viruses, worms, or other harmful components.
Under no circumstances shall EMA Softech-aLPHAfUNDS, VLP, or their affiliates be
liable for any direct, indirect, incidental, special, punitive or consequential
damages that result in any way from your use, NON-USE or reliance upon the Value
Line® Data, or that result from mistakes, omissions, interruptions or deletions
of files, errors OR defects IN THE Value Line® Data, delays in operation,
transmission or failure of performance. If you are dissatisfied with any
Value Line® Data, your sole and exclusive remedy is to discontinue using thE
Value Line® Data.
ALL FORMS OF sub-licensing, reselling, republication or other form of
distribution, including INTERNET posting, electronic mailing, faxing, archiving
in a public database, redistributing via a computer network, or in a printed
form, to third parties of ANY Value Line® Data ARE STRICTLY PROHIBITED.
VLP OR its licensors are the sole and exclusive owners of all right, title and
interest, including trademarks, copyrights, patents, trade names, trade secrets
and other intellectual property rights, IN the Value Line® Data. YOU MAY MAKE
ONE BACK-UP COPY OF the Value Line® Data FOR YOUR OWN PERSONAL USE; HOWEVER, You
may not OTHERWISE copy, modify, adapt, reproduce, translate, reverse engineer,
decompile, disassemble, sublicense or assign any aspect of the Value Line® Data
delivered or accessed via this service. You may not use, adopt or attempt to
register anywhere in the world, whether alone or together with any other mark,
symbol, or name, any VLP trade name or mark or service name or mark that is
similar or confusingly similar to the VLP trademarks.
This Agreement shall for all purposes be governed, interpreted, construed and
enforced solely and exclusively in accordance with the law of the State of New
York, USA (excluding its law of conflict of laws). YOU hereby agree that the courts
located in the State and County of New York, USA shall constitute the sole and
exclusive forum for the resolution of any and all disputes arising out of or in
connection with this Agreement and YOU hereby CONSENT TO THE JURISDICTION OF
SUCH COURTS AND irrevocably waive any objections thereto, including on grounds
of forum non conveniens. Regardless of
where you access Value Line® Data from, you agree to comply with all applicable
United States laws, including those regarding the export of data. You are also
responsible for complying with all other laws, rules and regulations that may be
applicable to your use of the Value Line® Data.
EMA Softech may deny you access to all or part of this service without notice if
you engage in any conduct or activities that EMA Softech-aLPHAfUNDS in its sole
discretion believes violates APPLICABLE LAW OR any term of this Agreement.
You agree to defend, indemnify and hold EMA Softech, VLP, and their affiliates
harmless from any and all liabilities, costs and expenses, including reasonable
attorneys' fees, related to any violation of this Agreement by you or authorized
users of your account.
In the event that any portion of this Agreement is held to be unenforceable, the
unenforceable portion shall be construed in accordance with applicable laws as
nearly as possible to reflect the original intentions of the parties and the
remainder of the provisions shall remain in full force and effect.
EMA Softech-aLPHAfUNDS’ failure to insist upon or enforce strict performance of
any provision of this Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct between parties nor trade practice shall
act to modify any provision of this Agreement.
VLP IS AN EXPRESSLY INTENDED THIRD PARTY BENEFICIARY OF THIS AGREEMENT WITH FULL
AUTHORITY TO ENFORCE ITS RIGHTS AGAINST YOU HEREUNDER.
Security, Systems and Data
Use of this site is restricted to authorized persons only. Actual or attempted
unauthorized use of this site shall result in criminal or civil prosecution by
EMA Softech-AlphaFunds. EMA Softech-AlphaFunds reserve the right to view,
monitor and record activity without notice to or permission from you. Any
information obtained as a result of such monitoring, viewing or recording is
subject to review by law enforcement organizations in connection with
investigations or prosecutions of possible criminal activity on the A.F. site.
EMA Softech-AlphaFunds will also comply with all court orders involving requests
for such information.
You hereby agree that EMA Softech-AlphaFunds is not responsible or liable for
any harm arising out of corrupted, distorted or erroneous data resulting from
data transfer with third parties or third-party products or services, and that
EMA Softech-AlphaFunds will not be responsible or liable if you mishandle, alter
or improperly use or store any information, data, product or service associated
with the A.F. site. You also hereby agree that you are solely responsible for:
·
The security and maintenance of your computer system and data, including without
limitation (i) creating fire walls and taking similar protective measures to
prevent unauthorized access to your computer systems, software and data or
infiltration of your computer systems, software and data; and (ii) creating,
storing and updating any necessary back-up or archival copies of data as needed
in case of system failure (including without limitation creating sufficient
backups and fully documenting your account information); and
·
The functionality and adequacy of any third-party software or other analytical
or related tools that you may choose to employ with the A.F. site.
EMA Softech-AlphaFunds' Proprietary Right to Content
You hereby agree that upon posting Information (as defined below) or conducting
Communications (as defined below) on the A.F. site, you grant EMA
Softech-AlphaFunds and its successors and assigns a non-exclusive, worldwide,
royalty-free, perpetual, irrevocable, unrestricted license under your copyrights
or other intellectual property rights in such Information or Communications, if
any, to use, license, sub-license, adapt, distribute, display, publicly perform,
reproduce, transmit, modify, edit and create derivative works from such material
in any and all media, in any manner, in whole or in part, now known or hereafter
developed without any duty to account to you. You also hereby waive all rights
to any claim against EMA Softech-AlphaFunds for any alleged or actual
infringement of any proprietary rights, rights of privacy and publicity, moral
rights, and rights of attribution in connection with such Information or
Communications. You also grant to EMA Softech-AlphaFunds the right to authorize
the downloading and printing of such Information or Communications, or any
portion thereof, by other users for their personal use.
You
acknowledge that by using and accessing the A.F. site or by submitting
communications to EMA Softech-AlphaFunds/the A.F. site, no confidential,
fiduciary, contractually implied or other relationship is created between you
and EMA Softech-AlphaFunds.
No Confidentiality
You hereby agree that any information transmitted to, from or through the A.F.
site is not confidential and you acknowledge that you have no expectation of
privacy with respect to such information. You hereby agree that EMA
Softech-AlphaFunds and its marketing partners shall not be liable for any
direct, indirect, special, incidental or consequential damages caused by the
unauthorized use or misappropriation of any and all information that you
transmit on the A.F. site.
Termination of Your Registration
You hereby agree that we may, in our sole discretion, terminate or suspend your
access to all or part of the A.F. site for any reason, including without
limitation breach of these Terms and Conditions (or any subsequent modifications
hereof) or your attempted assignment of your membership. Any suspected
fraudulent, abusive or illegal activity may be grounds for termination of your
membership and may be referred to appropriate law enforcement authorities. EMA
Softech-AlphaFunds shall not be liable to you or any third party for any claims
related to your termination from the A.F. site.
No Investment Advice by The A.F. site/EMA Softech-AlphaFunds
You understand and hereby agree that the A.F. site and EMA Softech-AlphaFunds do
not recommend any security, financial product or instrument, nor does any
mention of a particular security on the A.F. site constitute a recommendation by
or through the A.F. site or EMA Softech-AlphaFunds to buy, sell, or hold that or
any other security, financial product or investment discussed herein. You also
understand and acknowledge that neither the A.F. site nor EMA Softech-AlphaFunds
provide tax, legal or investment advice. You further understand and hereby agree
that the A.F. site and EMA Softech-AlphaFunds do not offer or provide any
investment advice or opinion regarding the nature, potential, value, suitability
or profitability of any particular security, portfolio of securities,
transaction, investment strategy or other matter. You hereby agree that by
accessing this site, or participating on the A.F. site, that any information
provided therein is not to be used or considered as an offer, or a solicitation
of an offer, to buy or sell securities by the A.F. site or EMA
Softech-AlphaFunds.
You understand and hereby agree that the A.F. site is provided solely for the
information and use of registered members who are expected to make their own
investment decisions without reliance upon this information, and that EMA
Softech-AlphaFunds and any independent contractor engaged by EMA
Softech-AlphaFunds to assist in moderating the A.F. site, accept no liability
whatsoever for any direct or consequential loss arising from any use of
information available to you on the A.F. site. You hereby agree that any
investment decisions you make will be based solely on your evaluation of your
financial circumstances, investment objectives, risk tolerance, financial
condition, and liquidity needs.
You also understand and acknowledge that the employees of EMA Softech-AlphaFunds
are not authorized to give any such advice and that you will not solicit or rely
upon any such advice from the A.F. site, EMA Softech-AlphaFunds or any of its
employees. You further acknowledge that the A.F. site and your access to
information through the A.F. site will not cause EMA Softech-AlphaFunds to be an
investment advisor with respect to you or any other party.
Limitation of Warranties and Indemnification
EMA Softech-AlphaFunds is providing the A.F. site and its contents on an ‘as is’
basis and makes no representations or warranties of any kind, express or
implied, as to the operation of this site or the content, information and
materials contained within or accessible through this site, including without
limitation, that they are accurate, complete or current. You hereby agree that
EMA Softech-AlphaFunds and any independent contractor engaged by EMA
Softech-AlphaFunds to assist in moderating the A.F. site, shall not be liable in
any way, and you hereby agree to indemnify and hold harmless EMA
Softech-AlphaFunds and any independent contractor engaged by EMA
Softech-AlphaFunds to assist in moderating the A.F. site, from any claim,
demand, proceeding, damages, injuries, liabilities, losses, costs or expenses
(including reasonable attorneys' fees) made by any third party relating to or
arising out of (i) your use of this site or any information, products, services
or software available on or through this site; (ii) your breach of these Terms
and Conditions or other improper act or omission by you; (iii) any inaccuracy,
error or delay in, or omissions of (a) any such data or information on the A.F.
site or (b) the transmission or delivery of any such data or information; (iv)
unauthorized access; (v) theft; or (vi) any loss or damage arising from or
occasioned by (a) any such inaccuracy, error, delay or omission; (b)
non-performance or (c) interruption of any such data or information due either
to any negligent act or omission by the A.F. site or EMA Softech-AlphaFunds or
to any force majeure’ (i.e., flood, extraordinary weather conditions,
earthquake, or other act of God, fire, war, insurrection, riot, labor dispute,
accident, action of government, communications power failure, or equipment or
software malfunction) or any other cause beyond the reasonable control of EMA
Softech-AlphaFunds.
To the fullest extent permitted by applicable law, EMA Softech-AlphaFunds
disclaims all warranties, express or implied, including without limitation,
implied warranties of merchantability, fitness for a particular purpose, title
and non-infringement. EMA Softech-AlphaFunds will not be liable for any damages
of any kind arising from the use of or access to this site, including without
limitation, direct, indirect, compensatory, consequential, incidental, special
and punitive damages.
Payments
EMA Softech-AlphaFunds reserves the right to charge fees (the ‘Fees’) for use of
this site and products and services made available through this site. In the
event EMA Softech-AlphaFunds charges Fees, the Fees may change from time to
time. Your continued use of the A.F. site after EMA Softech-AlphaFunds sends
notice of such Fee changes shall constitute your agreement to pay the revised
Fees charged by EMA Softech-AlphaFunds. You hereby agree to pay all costs
(including reasonable attorneys' fees) incurred by EMA Softech-AlphaFunds in
order to collect any overdue Fees owed by you to EMA Softech-AlphaFunds. You
also hereby agree to pay any Fees that may be assessed against you by EMA
Softech-AlphaFunds in connection with any products, services or information
ordered by you through this site.
Hyperlinks from The A.F. site
The site contains links to third-party web sites and resources on the Internet.
EMA Softech-AlphaFunds provides links to these other web sites only as a
convenience. The inclusion of such links on the A.F. site do not constitute
endorsements, implied or otherwise, by EMA Softech-AlphaFunds of the linked
sites or any products or services on such sites, and no information on such
sites have been endorsed or approved by EMA Softech-AlphaFunds. The linked sites
are not under the control of EMA Softech-AlphaFunds, and EMA Softech-AlphaFunds
is not responsible for the contents of any linked site or any link contained in
a linked site. You hereby agree that under no circumstances shall EMA
Softech-AlphaFunds be held responsible or liable for any loss or damages caused
or alleged to have been caused by use of or reliance on any content, goods or
services available on such hyperlinked sites.
Collection of Information/Communication
As you navigate through this site EMA Softech-AlphaFunds will be collecting and
tracking Information, either by asking you to tell us something about yourself
or by using data-tracking software which automatically collects and/or tracks
information which can include without limitation, your home server domain name,
e-mail address, type of computer, and type of web browser you use, as well as
information concerning what pages you access. You may also upload files, input
data or engage in other forms of communication to, with or through the A.F. site
(‘Communication’). Persons under the age of eighteen (18) are not authorized to
use or access the A.F. site.
Information collected by, and Communications with, the A.F. site will be used by
EMA Softech-AlphaFunds for editorial, feedback, marketing, promotional and
statistical purposes as well as for product development and site content
improvement. Names, mailing and e-mail addresses and telephone numbers collected
may be added to the databases of EMA Softech-AlphaFunds, and may be used for
future calls, mailing and communications regarding site updates, new products or
services, promotions, offers and upcoming events.
Disputes Between Users and Arbitration
You hereby agree that, in the event you become involved in a dispute with
another user relating to or arising out of your use of this site, you shall
release EMA Softech-AlphaFunds from any and all claims, demands and damages
(actual and consequential) of every kind and nature, known and unknown,
suspected and unsuspected. If you are a California resident, you hereby waive
Section 1542 of the California Civil Code, which provides that ‘a general
release does not extend to claims which the creditor does not know or suspect to
exist in his favor at the time of executing the release, which if known by him
must have materially affected his settlement with the debtor’. In the event a
dispute arises relating to or arising out of your use of this site which cannot
be resolved in good faith by the parties thereto, the parties thereto shall
submit such dispute to arbitration in
Dallas
,
Texas
before a single
arbitrator applying the Commercial Rules of the American Arbitration
Association. The non-prevailing party shall be liable to pay the prevailing
party's reasonable costs incurred in connection with such arbitration.
Assignment
These Terms and Conditions are binding on and will inure to the benefit of the
respective successors and assigns of the user and EMA Softech-AlphaFunds.
However, you understand and hereby agree that you may not assign your rights
hereunder without the prior written consent of EMA Softech-AlphaFunds.
Survival and Waiver
The Terms and Conditions, as may be amended, relating to indemnification,
limitations on liability, unauthorized and improper use of this site, and
licenses granted by you to EMA Softech-AlphaFunds shall survive the termination
of these Terms and Conditions. The failure to insist on strict performance of
any of these Terms and Conditions shall not operate as a waiver of such Terms
and Conditions.
Entire Agreement
These Terms and Conditions for the A.F. site constitute the entire agreement
between the user and EMA Softech-AlphaFunds with respect to the use of the A.F.
site. However, you may be subject to additional terms and conditions that may be
imposed by third parties who may provide information, products or services
through the A.F. site.
Choice of Law
These Terms and Conditions shall be governed by, and construed in accordance
with, the laws of the State of
Texas
,
without regard to conflicts of laws provisions. Sole and exclusive jurisdiction
for any action or proceeding arising out of or related to these Terms and
Conditions shall be an appropriate state or federal court located in Dallas
County, Texas, and your use of and access to this site acts as an express
consent to the jurisdiction of such appropriate state or federal court located
in Dallas County, Texas. Use of and access to this site is unauthorized in any
jurisdiction that does not give full effect to this paragraph. EMA
Softech-AlphaFunds reserves the right to make changes to this site and to these
disclaimers, Terms and Conditions at any time.
Headings
The headings in these Terms and Conditions are solely for convenience of
reference and shall be given no effect in the construction or interpretation of
these Terms and Conditions.
Severability
If any provision of these Terms and Conditions is hereafter held to be invalid,
illegal or unenforceable for any reason, such provision shall be reformed to the
maximum extent permitted so as to preserve the parties' original intent, failing
which, it shall be severed from these Terms and Conditions, with the balance of
these Terms and Conditions continuing in full force and effect. If any provision
of these Terms and Conditions is so broad as to be unenforceable, the provision
shall be interpreted to be only so broad as is enforceable. If any provision is
inapplicable to any person or circumstance, it shall nevertheless remain
applicable to all other persons and circumstances.