Please read these terms in their entirety…
1. Use of Running Alpha Investments, Inc. Website and/or Services
The contents of the Service such as text, graphics, images, logos, audio, video, hypertext markup language, software, and other content and the selection and arrangement thereof (collectively, “Running Alpha Investments, Inc.’s Content”), are the property of Running Alpha Investments, Inc. and/or its business partners, affiliates, assigns, licensors or other respective owners. The Running Alpha Investments, Inc. Content is protected under both Canadian and international intellectual property laws. Running Alpha Investments, Inc. may include third party advertisements in or with some Running Alpha Investments, Inc. Content or in conjunction with your User-Supplied Content. You hereby consent to the display and playback of these advertisements in conjunction with your User-Supplied Content. To the extent you elect to use or access Running Alpha Investments, Inc. Content or User-Supplied Content from other Users, you also consent to the display of advertisements therein.
Subject to all of the terms and conditions of this Agreement, Running Alpha Investments, Inc. hereby grants you a single user, limited, non-exclusive, non-transferable and revocable right to view or receive Running Alpha Investments, Inc. Content on your compatible computer or device solely for your own investment research application use in connection with the Service and solely as authorized by Running Alpha Investments, Inc. in connection with the Service. Running Alpha Investments, Inc. reserves the right to revoke this limited license at any time in its entirety or with respect to any Running Alpha Investments, Inc. Content, for any reason, and at the sole discretion of Running Alpha Investments, Inc..
Except as expressly set forth in this Agreement, all trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of Running Alpha Investments, Inc. and/or its affiliates and licensors. You may not copy, display or use any of these indicia of origin without prior written permission of the mark owner. All rights not expressly granted to you are reserved. For the avoidance of doubt, your use of the Service and the Running Alpha Investments, Inc. Content is under license and will terminate if this Agreement terminates, regardless of whether the relevant Service or Running Alpha Investments, Inc. Content is free or you have paid for it; you will not obtain any ownership interest in any Running Alpha Investments, Inc. Content through this Agreement or otherwise. You agree not to use, download, reproduce, modify, create derivative works from, summarize, display, perform, publish, distribute, disseminate, transmit, broadcast or circulate any Running Alpha Investments, Inc. Content or any summaries or
restatements of any Running Alpha Investments, Inc. Content to any third party, except as expressly authorized by Running Alpha Investments, Inc. in connection with the Service. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
2. Disclaimer of Liability and Warranty.
Running Alpha Investments, Inc. disclaimers of liability in this Section are in addition to any other disclaimers elsewhere in this Agreement. Running Alpha Investments, Inc. has the right, but not the obligation, to monitor, modify, restrict the contribution of and/or remove User-Supplied Content, in Running Alpha Investments, Inc. sole discretion. Running Alpha Investments, Inc. has no liability or responsibility to Users for performance or nonperformance of such activities. Running Alpha Investments, Inc. is not responsible to you for your reliance on or use of any content or materials constituting all or part of any Running Alpha Investments, Inc. Content, any User-Supplied Content, or any other aspect of the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User-Supplied Content that you access through your use of the Service, is your sole risk and responsibility. By viewing the Service, you may be exposed to content that you rely upon to your detriment. You take sole responsibility for such exposure and reliance.
Because user authentication on the Internet is difficult, Running Alpha Investments, Inc. cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in user-to-user dealings, nor do we control the behavior of participants on any portion of the Service, you release Running Alpha Investments, Inc. (and our licensors, agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute among or between you and one or more Users. If you are a California resident, you waive California Civil Code Section 1542, which says: “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.”
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Running Alpha Investments, Inc., TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE USE OF THE SERVICE ENTIRELY IS AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE ABOVE, Running Alpha Investments, Inc. MAKES NO WARRANTIES THAT (A) THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE, OR TIMELY (B) THE SERVICE WILL OPERATE ERROR-FREE OR FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU WILL NOT HOLD Running Alpha Investments, Inc. RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING THE SERVICE OR USING THE SERVICE AND/OR THE Running Alpha Investments, Inc. CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE OTHER THAN A WRITTEN AGREEMENT EXECUTED BY AN OFFICER OF Running Alpha Investments, Inc. SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO Running Alpha Investments, Inc.. UNDER NO CIRCUMSTANCES SHALL Running Alpha Investments, Inc. BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE AND/OR THE Running Alpha Investments, Inc. CONTENT.
3. Limitation of Liability.
IN NO EVENT SHALL Running Alpha Investments, Inc., ITS OFFICERS, AGENTS, LICENSORS OR SUBCONTRACTORS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST INCOME, PROFIT, OR GOODWILL, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RELATING IN ANY WAY TO ANY ELEMENT OF THE SERVICE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Running Alpha Investments, Inc. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, Running Alpha Investments, Inc., SHALL BE
ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE.
4. Third Party Links and Products.
Running Alpha Investments, Inc. controls only the Running Alpha Investments, Inc. Content and any other web site that Running Alpha Investments, Inc. represents it controls, as stated on such other web site. Running Alpha Investments, Inc. does not control or endorse any other web site to which Running Alpha Investments, Inc. may link or on which elements of the Service may appear, or any services or products offered by third parties through the Service or the Running Alpha Investments, Inc. Content. Running Alpha Investments, Inc. does not provide or make any representation or warranty as to such third party sites, nor as to the quality or nature of any of the third party products or services purchased through the Service. Any such undertaking, representation, warranty or guarantee would be furnished solely by the proprietor of the applicable web site or the provider of the
relevant product, under the terms agreed to by that third party.
5. Copyright Agent
Unauthorized copying or distribution of copyrighted Running Alpha Investments, Inc. Content or User-Supplied Content is an infringement of the copyright holder’s rights. At our discretion and in appropriate circumstances, Running Alpha Investments, Inc. may revoke the license of Users who infringe upon the copyright, or other intellectual property rights, of others.
Pursuant to Canadian Copyright Laws, our designated agent for notice of alleged copyright infringement on the Service is:
Attn: Copyright Agent
Running Alpha Investments, Inc.
A notification of claimed infringement related to the Service must be a written communication addressed to the designated agent as set forth above, and must include substantially all of the following:
- A. A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed;
- B. Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed;
- C. Information related to the work(s) reasonably sufficient for Running Alpha Investments, Inc. to promptly locate the work (e.g. title of work, location within the Service, etc.);
- D. Information reasonably sufficient to permit Running Alpha Investments, Inc. to directly contact the complaining party, such as a complete name and address, telephone number, and an email address;
- E. A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- F. A statement requesting that Running Alpha Investments, Inc. take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled); and
- G. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. U.S. Government Restricted Rights
All Running Alpha Investments, Inc. Content supplied by or through the Service are provided with “RESTRICTED RIGHTS”. Use, duplication, or disclosure by the Canadian, and/or the United States Government is subject to restrictions as set forth in FAR52.22724 and DFAR252.227-7013 et seq. or their successor regulations. Use of any of such by the Government constitutes acknowledgment of our or our suppliers’ proprietary rights in them. In the event that the Agreement, or any part thereof, is deemed inconsistent with the minimum rights identified in the Restricted Right provisions, the minimum rights shall prevail.
The remedies described in this section are in addition to the right of termination described under “Termination” and any remedies described elsewhere in this Agreement. Running Alpha Investments, Inc. reserves the right in its sole discretion to investigate and take legal action against anyone who violates the Code of Conduct or otherwise violates this Agreement, including without limitation, removing offending User-Supplied Content from the Service and/or suspending the offending User’s ability to access the Service. Further, Running Alpha Investments, Inc. may take any other action with respect to User-Supplied Content or User actions that it deems necessary or appropriate in its sole discretion, up to and including involving, and cooperating with, law enforcement authorities.
You understand and agree that any unauthorized use of the Service would result in irreparable injury to Running Alpha Investments, Inc. for which money damages would be inadequate, and in such event Running Alpha Investments, Inc., shall have the right, in addition to other remedies available at law and in equity, to immediate injunctiverelief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that Running Alpha Investments, Inc. may have under separate legal authority, including but not limited to, any claim for intellectual property infringement. You understand and agree that your cancellation of your Account is your sole right and remedy with respect to any dispute with Running Alpha Investments, Inc. unless you are specifically granted additional remedies by applicable law despite your agreement to so limit your remedies. In that case, your remedies shall be limited to those specifically provided by applicable law. You agree to defend, indemnify, and hold harmless Running Alpha Investments, Inc., its partners, parent, subsidiaries, affiliates, agents, distributors, contractors and licensors, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from: (a) any improper, unauthorized or illegal uses of your User name, password and/or your Account (including illegal, unauthorized or improper use by anyone to whom you have given permission to use your User name, password and/or Account), (b) any User-Supplied Content or other material you provide to any Running Alpha Investments, Inc. Site, (c) your use of any Running Alpha Investments, Inc. Content, or (d) your breach of the terms of this Agreement, including without limitation the Code of Conduct. Running Alpha Investments, Inc. shall provide notice to you promptly of any such claim, suit, or proceeding.
8. Suspension or Termination
Running Alpha Investments, Inc. may, in its sole discretion, terminate this Agreement or suspend your Account at any time with or without notice to you in the event that you breach (or Running Alpha Investments, Inc. reasonably suspects that you have breached) any provision of this Agreement, or if Running Alpha Investments, Inc. is unable to verify or authenticate any information you submit to Running Alpha Investments, Inc. as part of the registration process. If Running Alpha Investments, Inc. terminates this Agreement, or suspends your Account for any of the reasons set forth in this paragraph, Running Alpha Investments, Inc. shall have no liability or responsibility to you, and you agree that you forfeit any amounts you have paid Running Alpha Investments, Inc.. Running Alpha Investments, Inc. may terminate this Agreement and your Account for any reason or no reason at the end of the then-current Term by providing notice to you.
You may cancel your Account (including Subscription Services) at any time by making an on-line request at Running Alpha Investments, Inc.. All fees paid prior to termination as provided herein are nonrefundable, including any advance payment for the subscription term during which you terminate your subscription. Termination of your subscription shall not relieve you of any obligations to pay. Upon termination of this Agreement for any reason, all of your rights to use the Service and materials shall immediately terminate, and you shall immediately cease using and destroy all Running Alpha Investments, Inc. Content; provided, however, that you are still responsible under the terms of this Agreement for any and all actions you may have taken prior to termination.
9. Modifications to Service and Running Alpha Investments, Inc. Content
Running Alpha Investments, Inc. may, without liability or obligation, in its sole discretion and at any time make modifications to, or discontinue, any Running Alpha Investments, Inc. Content and/or other elements of the Service, with or without providing you with notice (except as we may expressly agree to provide you with notice elsewhere in this Agreement). The modifications may result in certain Running Alpha Investments, Inc. Content being unavailable, or incompatible with certain devices. Other Users may similarly delete or cease offering their User-Supplied Content at any time without notice.
Running Alpha Investments, Inc. may provide you with any notices under this Agreement by means of a posting on the Service, by email, or by sending a message to you through the Service.
11. Claims and Arbitration
Any action hereunder by a User must be brought, if at all, within one (1) year from the accrual of the cause of action. You agree that the all disputes and claims arising out of, or relating to, this Agreement or any element of the Service, your use of any element of the Service (including the arbitrability of any claim or dispute and the enforceability of this paragraph), or to any other alleged act or omission by you or Running Alpha Investments, Inc., shall be determined exclusively by final and binding arbitration. Provided however, that you agree that the terms of this paragraph do not apply to any breach or alleged breach of the ownership or license rights of Running Alpha Investments, Inc. or any of its licensors with respect to any Running Alpha Investments, Inc. Content and/or other elements of the Service, or your (or any third party’s) misuse of the Running Alpha Investments, Inc. Content and/or Service, and that, in the event of any such breach of alleged breach, Running Alpha Investments, Inc. and its licensors will be irreparably harmed and entitled to equitable and injunctive relief in addition to all other remedies provided by this Agreement or available at law. The arbitration shall be conducted under the Commercial Arbitration Rules (CAR) of the Canadian Arbitration Association before a panel of three arbitrators and conducted in Ontario, Canada. You and Running Alpha Investments, Inc. also agree that the CAR Optional Rules for Running Alpha Investments, Inc. Measures of Protection shall apply to the proceedings. Except as expressly set forth in this paragraph, you and Running Alpha Investments, Inc. may litigate in court only to compel arbitration under this Agreement to enter judgment on the award rendered by the arbitrators, or to vacate or modify the arbitrators’ award to the minimum extent and only for the specific reasons permitted by applicable law. To the extent that you have breached or have indicated your intention to breach this Agreement in any manner which violates or may violate Running Alpha Investments, Inc. or any of its licensor’s intellectual property rights, or may cause continuing or irreparable harm to Running Alpha Investments, Inc. (including, but not limited to, any breach that may impact Running Alpha Investments, Inc. or it’s licensor’s intellectual property rights, or a breach by reverse engineering), Running Alpha Investments, Inc. may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction. To the fullest extent permitted by applicable law: no arbitration under this Agreement shall be joined to an arbitration involving any other current or former licensee of Running Alpha Investments, Inc., whether through class arbitration proceedings or otherwise; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral effect in any arbitration hereunder (unless determined in another proceeding between you and Running Alpha Investments, Inc.); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and Running Alpha Investments, Inc.).
Running Alpha Investments, Inc. makes no claims that the Running Alpha Investments, Inc. Content may be lawfully viewed or accessed outside of the United States. Access to the Running Alpha Investments, Inc. Content may not be legal by certain persons or in certain countries. If you access the Service from outside of the United States or provide any Running Alpha Investments, Inc. Content or User-Supplied Content to any third party not a United States citizen, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction and / or the jurisdiction of the third party receiving such content.
14. Changes to the Agreement
Running Alpha Investments, Inc. reserves the right, in its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. If you have established an Account, we will attempt to inform you of any modifications to this Agreement that affect your obligations to Running Alpha Investments, Inc. or our obligations to you by: (a) sending you an email at the email address you provided as part of the registration process or including a notice in our regular email correspondence to you, (b) by a message to you at the time you log into the Service, or (c) a notice to you in connection with any renewal invoice. If you do not agree with any such modifications, your sole remedy is the termination of your Account, which you may request on-line at Running Alpha Investments, Inc.
Your continued use of the Service after receiving notice of any modifications indicates your acceptance of the modified Agreement. If you have not established an Account, any modifications to this Agreement will be effective as to you upon Running Alpha Investments, Inc. posting the new terms and/or upon implementation of the new changes on the Service. You agree to review this Agreement periodically so that you are aware of any modifications. Your continued use of the Service after any modifications indicates your acceptance of the modified Agreement.