TERMS OF USE

TRADEMARK INFORMATION

DISCLAIMER

TERMS OF USE

1. General.

Thank you for visiting our Website at www.alpha-sense.com (hereinafter,the “Website”). AlphaSense, Inc. (AlphaSense,” “We” or “Us”) owns and operates this Website and its subdomains. Your use of this Website and the information and content available through this Website are subject to these Terms of Use (“Terms of Use”).

Please note that there are separate Terms of Service that apply to our products and services offered through our secure Website at https://research.alpha-sense.com (hereinafter, the “Secure Website”). Those Terms of Service are available here.

We reserve the right to change these Terms of Use from time to time. Please consult this portion of the Website for important changes to the Terms of Use as AlphaSense may, at any time, and without notice, revise these Terms of Use by updating this posting.

Please read these Terms of Use carefully. By accessing or using the Website, you are bound by these Terms of Use and any revisions; you should therefore periodically visit this page to review the current Terms of Use. Access or use of the Website following any change to the Terms of Use constitutes your agreement to those changes. If at any time you choose not to accept the terms of these Terms of Use, you should not access or use this Website.

AlphaSense may, at its sole discretion, and at any time, discontinue this Website or any part thereof, with or without notice, or may prevent your use of this Website with or without notice to you. You agree that you do not have any rights in this Website and that AlphaSense will have no liability to you if this Website is discontinued or your ability to access the Website or any content you may have posted on the Website is terminated.

These Terms of Use are in addition to any other legally binding agreement with AlphaSense or its affiliates that may govern your use of the Website. To the extent any such agreement is in writing and conflicts with these Terms of Use, the terms of such written agreement will govern.

2. Authorized 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 Website absent the consent of a parent or guardian. Subject to these Terms of Use, you may not access or use the Website if you are unable to form a legal binding agreement with AlphaSense.

3. Legal Notices.

We post legal notices on pages of the Website. You shall not remove these notices or credits, or any additional information contained along with the notices and credits. The Website may contain references to trademarks, copyrighted materials, technologies, products, processes and software and other proprietary rights of AlphaSense or other parties. No license to or right in any such trademarks, copyrighted materials, technologies, products, processes, software or other proprietary rights of AlphaSense is granted to or conferred upon you.

4. AlphaSense Content.

All content on this Website that is provided by AlphaSense, its employees or its licensors (“AlphaSense Content”) is the property of AlphaSense and its licensors, and is protected in the United States and internationally under trademark, copyright, and other intellectual property laws.

You are authorized to access and use the Website and related AlphaSense Content as set forth in these Terms of Use, provided that: (a) your use of the Website and AlphaSense Content as permitted hereunder is solely for your personal, non-commercial use or, to the extent your use is expressly permitted by a legally binding written agreement with AlphaSense, solely for your internal business use in accordance with, and subject to the terms of, such agreement; (b) other than as part of normal use of the features of the Website, you will not copy, distribute or transfer any portion of the Website on any media without prior written or electronic approval from AlphaSense; (c) you agree that the Website is only intended for manual use, and you will not programmatically access the Website; (d) you will not alter, adapt or otherwise modify any part of the Website other than as may be reasonably necessary to use that part of the Website for its intended purpose; and (e) you will otherwise comply in full with these Terms of Use.

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 or underlying ideas or algorithms; (ii) modify, translate, or create derivative works based on this Website; (iii) rent, lease, distribute, sell, resell, assign, or otherwise transfer your rights to use this Website; (iv) use this Website for timesharing or service bureau purposes or otherwise for the benefit of a third party; (v) use the Website 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 (vi) use, modify, duplicate, print, transmit or distribute in any manner any AlphaSense Content or any other reports, research, materials, data or other information viewed, accessed or provided on this Website except as expressly set forth in these Terms of Use or, to the extent your use is expressly permitted by a legally binding written agreement with AlphaSense, solely for your internal business use in accordance with, and subject to the terms of, such agreement.

5. No Infringing Use.

AlphaSense respects the intellectual property of others, and we expect our users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users of the Website who infringe or attempt to infringe the copyrights or other intellectual property rights of AlphaSense or other rights owners (such as any of our content providers).

6. Security.

You shall not violate or attempt to violate the security of the Website. Violations of system or network security may result in civil or criminal liability. AlphaSense 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. Ownership.

You acknowledge that some AlphaSense Content and other materials accessed as part of this Website may be proprietary and are licensed by AlphaSense. You acknowledge that, as between AlphaSense and you, all right, title and interest in any AlphaSense Content, this Website and any other AlphaSense materials furnished or made available as part of the Website, and all modifications and enhancements thereof, including, without limitation, all rights under copyright and patent and other intellectual property rights, belong to and are retained solely by AlphaSense or AlphaSense’s licensors and providers, as applicable, except with respect to materials that are, pursuant to applicable law, made publicly available by a third party and, in such case, solely to the extent so made available and solely in the same unedited, unmodified and unmarked format as so made available. AlphaSense reserves all rights not expressly granted under these Terms of Use.

8. Privacy.

Your privacy is important to us. Our Privacy Policy is incorporated into, subject to and made part of these Terms of Service. To review the AlphaSense Privacy Policy.

10. Indemnity.

You agree to indemnify and hold AlphaSense and its agents and licensors harmless from any claim or demand, including costs or attorneys’ fees, made by any third party due to or arising out of your violation of these Terms of Use or your violation of any rights of another person or entity.

11. Warranty Disclaimer.

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. ALPHASENSE MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS. OUR WEBSITE INFORMATION OR ALPHASENSE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT OR SYSTEM INTEGRATION. ALPHASENSE DOES NOT WARRANT THAT THE WEBSITE OR OUR SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.

12. Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL ALPHASENSE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES, COSTS OR ATTORNEY’S FEES ARISING OUT OF OR RELATING TO THESE TERMS OF USE, ACCESS TO, USE OF OR THE OPERATION OF THE WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY AND ALPHASENSE’S SOLE AND EXCLUSIVE LIABILITY TO YOU FOR ANY REASON SHALL BE FOR YOU TO DISCONTINUE YOUR ACCESS TO OR USE OF THE WEBSITE.

13. Limited Time to Bring Your Claim.

You and AlphaSense agree that any cause of action arising out of or related to the Website or any AlphaSense Content must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

14. Local Laws; Export Control.

AlphaSense controls and operates the Website from its headquarters in the United States of America and the AlphaSense Content may not be appropriate or available for use in other locations. If you use this Website outside the United States of America, you are responsible for following applicable local laws.

15. Miscellaneous.

Both you and AlphaSense acknowledge and agree that no partnership is formed, and neither of you nor AlphaSense has the power or the authority to obligate or bind the other.

These Terms of Use will be governed by and construed in accordance with the laws of the State of New York without regard to conflicts-of-laws principles. By using this Website, you hereby agree that the exclusive jurisdiction for any and all disputes regarding these Terms of Use shall lie in the federal, state, and local courts of New York City, New York.

These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms of Use is unlawful, void, or unenforceable, that provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

If AlphaSense fails to act with respect to your breach or anyone else’s breach on any occasion, AlphaSense is not waiving its right to act with respect to future or similar breaches.

The failure of AlphaSense to comply with the Terms of Use because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of AlphaSense, shall not be deemed a breach of these Terms of Use.

These Terms of Use constitute a binding agreement between you and AlphaSense, and are accepted by you as a condition for your use of the Website. These Terms of Use constitute the entire agreement between you and AlphaSense regarding the use of the Website.

TRADEMARK INFORMATION

AlphaSense and the AlphaSense logo are registered service marks of AlphaSense. All other AlphaSense trademarks, service marks, domain names, logos and company names referred to on the Websites are either trademarks, service marks, domain names, logos or company names or are otherwise the property of AlphaSense. In countries where any of the AlphaSense trademarks, service marks, domain names, logos or company names are not registered, AlphaSense claims other rights associated with unregistered trademarks, service marks, domain names, logos, trade name and company names. Other product or company names referred to on the Websites may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, company name or trade name of AlphaSense or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, company name or trade name. You may contact AlphaSense by sending an e-mail or writing to AlphaSense at One Sansome Street, San Francisco, CA 94014 USA, to request written permission to use trademarks and materials on the Websites for purposes other than stated in these Terms of Use or for all other questions relating to the Websites.

DISCLAIMER

AlphaSense does not warrant, endorse or guarantee the completeness, accuracy, integrity, or timeliness of the information provided via the Website. You must evaluate, and bear all risks associated with, the use of any information provided, including any reliance on the accuracy, completeness, safety or usefulness of such information. Any information expressed is subject to change without notice. Any opinions or assertions contained do not represent the opinions or beliefs of AlphaSense, Inc. and its affiliates. AlphaSense or one or more of its employees may have a position in any of the securities mentioned.

THE INFORMATION PROVIDED TO YOU IS PROVIDED “AS IS,” AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALPHASENSE AND ITS LICENSORS, BUSINESS ASSOCIATES AND SUPPLIERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SAME, EXPRESS, IMPLIED AND STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ALPHASENSE NOR ITS OFFICERS, MEMBERS, DIRECTORS, PARTNERS, AFFILIATES, BUSINESS ASSOCIATES, LICENSORS OR SUPPLIERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF ANY OF SUCH PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH LOSSES, ARISING UNDER OR IN CONNECTION WITH THE INFORMATION PROVIDED OR ANY OTHER SUBJECT MATTER.

 

Last updated August 26, 2016.