1. User WarrantiesThrough your use of the Website, you warrant that you are either above the age of majority in your nation, state, province, territory, or city or the age of eighteen (18), whichever is greater. You warrant that you are of sound mind, have the capacity to contract, and agree to the terms and conditions contained within this Agreement. If you are using the Website on behalf of a business entity or third party, you warrant that you have actual authority to act as an agent of that business entity and third party and have the right and ability to agree on the terms of this Agreement on behalf of that third party or business entity.
2. Limited LicenseThe Website, including all intellectual property, personal, and proprietary rights, is the property of Forensic Alpha. Your use of the Website is limited by the license granted under this Agreement, and Forensic Alpha reserves all rights not expressly licensed under this Agreement. You agree that you will not use the Website in any manner not explicitly authorized by this Agreement. Forensic Alpha provides you with a limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use the Website for its customary and intended purposes. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website.
3. TrademarksYou agree that any and all trademarks, trade names, design marks, or logos displayed on the Website by Forensic Alpha, including but not limited to FORENSIC ALPHA, are common law or registered trademarks, trade names, design marks, or logos owned by or licensed to Forensic Alpha. You are expressly prohibited from using the trademarks, trade names, design marks, or logos of Forensic Alpha to cause confusion, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are also expressly prohibited from using the trademarks, trade names, design marks, or logos of Forensic Alpha in domain names, in meta tags, as a keyword to trigger display or text advertisements, and in display or text advertisements. All other trademarks, trade names, design marks, or logos displayed on the Website are the property of their respective owners.
4. User AccountsForensic Alpha may provide you with the ability to create a user account, which may provide you with access to additional areas of the Website that are not accessible to non-members ("User Account"). You understand and agree that you are solely responsible for access to your User Account and you are expressly prohibited from providing third parties with access to your User Account. In registering a User Account, you agree that you will provide Forensic Alpha with information that is accurate, current, and complete. You have an ongoing duty to update the information associated with your User Account if and when it changes. You have a duty to immediately notify Forensic Alpha if your User Account is accessed without your authorization.
5. Acceptable Use PolicyIn using the Website, you agree to Forensic Alpha acceptable use policy. You are expressly prohibited from using the Website (i) outside of the terms or conditions of this Agreement, (ii) to violate any applicable law, statute, regulation, or ordinance, whether local, state, provincial, national, or international, or (iii) to violate the rights of third parties, including intellectual property rights and any other personal or proprietary rights. Additionally, you are prohibited from:
6. Third Party Links and ContentYou understand that the Website may contains links to third party websites or third content that is not owned, controlled, or created by Forensic Alpha. Forensic Alpha specifically disclaims liability or responsibility for any websites or content that is not owned, controlled, or created by Forensic Alpha and that may be accessible through the Website.
7. Term and TerminationThe term of this Agreement will begin upon the date that you first access the Website and will continue until Forensic Alpha either terminates your access to the Website or you cease using the Website and terminate your User Account. Forensic Alpha reserves the right to terminate the Website or your access to the Website without notice and in its sole and absolute discretion.
8. Section 230 ComplianceYou understand that the Website constitutes an interactive computer service as that term is defined under Section 230 of the Communications Decency Act. Forensic Alpha will not be held liable for any content submitted to the Website by third parties, regardless of whether it chooses to remove or edit that content.
9. Calculation of Third Party Analyst OpinionsYou understand that Forensic Alpha may provide you with its opinion of the performance of third party analysis ("Analyst Opinions") on the Website. These Analyst Opinions are calculated and displayed by Forensic Alpha's proprietary algorithm. You understand and agree that Analyst Opinions constitute the opinion of Forensic Alpha and are not statements of fact that should be relied upon as investment advice. You are advised to perform your own independent research into all third party analysts and to form your own opinion of the performance of their recommendations.
10. Disclaimer of Warranties and Limitation of LiabilityYOU AGREE THAT THE WEBSITE IS PROVIDED ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT, AND TITLE. YOU AGREE THAT FORENSIC ALPHA WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT FORENSIC ALPHA LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $1,000, WHICHEVER IS LESS.
11. IndemnificationYOU AGREE TO HOLD HARMLESS, INDEMNIFY, AND DEFEND FORENSIC ALPHA FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, JUDGMENTS, CAUSES, FEES, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMTITED TO, YOUR VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT, YOUR VIOLATION OF ANY LAW, STATUTE, REGULATION, OR ORDINANCE, WHETHER LOCAL, STATE, PROVINCIAL, NATIONAL, OR INTERNATIONAL, OR YOUR VIOLATION OF THE RIGHTS OF A THIRD PARTY. YOUR OBLIGATION TO DEFEND FORENSIC ALPHA UNDER THIS AGREEMENT WILL NOT PROVIDE YOU WITH THE RIGHT TO CONTROL FORENSIC ALPHA DEFENSE. FORENSIC ALPHA RESERVES THE RIGHT TO CONTROL ITS DEFENSE, INCLUDING, BUT NOT LIMITED TO, FORENSIC ALPHA CHOICE OF COUNSEL AND THE CHOICE TO SETTLE OR LITIGATE A CLAIM.
12. Resolution of DisputesYOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY CLAIM OR CONTROVERSY CONCERNING THE INTERPRETATION OF THIS AGREEMENT OR YOUR USE OF THE WEBSITE, WILL BE SETTLED BY FINAL AND BINDING INTERNET ARBITRATION AT JUDGE.ME AND IN ACCORDANCE WITH THE JUDGE.ME ARBITRATION AGREEMENT. THE ARBITRATOR'S DECISION WILL BE FINAL AND LEGALLY BINDING AND JUDGMENT MAY BE ENTERED THEREON. YOU HEREBY SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE ARBITRATOR.
13. Force MajeureForensic Alpha will not be responsible for any delay or failure in performance of the Website arising out of any cause beyond Forensic Alpha control, such as acts of God, war, riots, fire, terrorist attacks, power outages, severe weather, or other accidents.
14. SeverabilityIf any provision of this Agreement or the application thereof to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law.
15. InterpretationThis Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
16. AssignmentYou are expressly prohibited from assigning your rights and duties under this Agreement. Forensic Alpha reserves the right to assign its rights and duties under the Agreement, including in a sale of Forensic Alpha or its Website.