Last Modified: June 20th, 2020
The Service is offered and available to users who are eighteen (18) years of age or older. If you are not at least 18, you must not access or use the Service.
2. Service Features, Functionality and Availability. You may use the Service when and as available. Although we generally intend for the Service to be available on an uninterrupted basis, it will not always be available (e.g., during maintenance, changes, outages and for other reasons). We further reserve the right to change, modify, eliminate and/or restrict or block access to all or any part of the Service, including any features or content displayed or made available through the Service, from time to time with or without notice to you, in our discretion. We will not be liable to you if for any reason all or any part of the Service is unavailable at any time for any period.
3. Accessing the Service and Account Security.
(b) You may browse certain pages of the Service without first registering as a user (a “User”). However, for complete access to the Service, including without limitation, the FundFilter Product, you must register as a User. It is a condition of your use of the Service that all the information you provide as part of registering as a User or in connection with your use of the Service is accurate, current and complete.
(c) If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and you agree not to provide any other person with access to the Service or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your User account at the end of each session. You should use particular caution when accessing your User account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason.
4. Privacy. You agree that all personal information you provide to register with the Service or otherwise, including but not limited to through the use of any interactive features on the Service, is governed by our Privacy Notice, and you consent to all actions we take with respect to your personal information consistent with our Privacy Notice.
5. No Reliance; No Offer or Advice. The information on the Service is obtained by ALTMAN from publicly available information. ALTMAN makes no representation or warranty that the information on the Service is accurate, reliable, up-to-date or complete. Neither ALTMAN nor any third party can guarantee the accuracy of the information. The Service is provided for informational purposes only and does not constitute and should not be construed as a solicitation or offer, or recommendation to acquire or dispose of any investment or to engage in any other transaction whatsoever. Nothing in the Service constitutes, nor should it be construed as, investment, legal, tax or other advice of any nature whatsoever and it should not be relied on in making an investment or other decision. You should obtain relevant and specific independent professional advice before making any investment or other decision. You hereby agree that you will not hold ALTMAN responsible at law or in equity for any decisions of whatever nature you make or refrain from making in connection with your use of the Service.
6. Intellectual Property Rights.
(b) Your Content.
(4) You are responsible for keeping appropriate copies and records of Your Content. ALTMAN has no obligation to back-up or maintain Your Content, and ALTMAN takes no responsibility and assumes no liability for Your Content, including without limitation any loss or damage thereto.
(d) Feedback. Any comments, feedback, suggestions, or ideas (“Feedback”) you provide through the Service may be used by ALTMAN. While you may continue to own all such the Feedback, you hereby grant to ALTMAN a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such Feedback.
7. FundFilter Product Terms.
(a) If you have registered as a User and have purchased or been granted the right to access and use the FundFilter Product (“Usage Rights”), ALTMAN hereby grants to you, subject to the Usage Rights you have purchased or obtained from ALTMAN, a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable right and license to: (i) access and use the FundFilter Product for your internal, informational use only; and (ii) use, reproduce, distribute and copy (but only to the extent authorized herein), without modification, the FundFilter Content (as defined below), solely for your internal, informational use only, in each case, subject to the following terms, conditions and restrictions:
(1) The FundFilter Product may permit users to download, electronically transmit, and/or print certain FundFilter Content. To the extent the FundFilter Product permits the downloading, electronic transmission, and/or printing of FundFilter Content, you have the following rights:
(ii) To the extent the FundFilter Product permits you to download, electronically transmit, and/or print certain FundFilter Content, then the license rights granted in this Section include the right for you to do so, provided that: (a) you must only use the functionality or features provided by the FundFilter Product to download, electronically transmit, and/or print the FundFilter Content; and (b) you may make only a reasonable number of printouts and/or copies of such FundFilter Content, without modification, solely for your internal use.
(iii) Any printouts, emails, or copies of such FundFilter Content shall be specifically attributed to ALTMAN and shall retain ALTMAN’s copyright and/or other proprietary rights notices, in addition to any and all disclaimers and/or limitations included in such FundFilter Content.
(iv) Except as otherwise expressly set forth in this Section, downloading, printing, copying, modifying, distributing or otherwise using the FundFilter Product and/or the FundFilter Content for external commercial purposes, including commercial publication or further resale, is expressly prohibited.
(b) The FundFilter Product is a data analytics platform that makes available certain content and information sourced from publicly available investment fund reporting documents, in addition to other publicly accessible information (“FundFilter Content”). The FundFilter Content may include, without limitation, publicly available fund investment performance data, fund manager data, and fund employee data. The FundFilter Product will display the FundFilter Content in a manner that is based on inputs, criteria, selections, configurations, or settings entered by you in the FundFilter Product (collectively, “User Inputs”). You are responsible for any and all User Inputs you select or provide, and consequently: (i) any and all FundFilter Content produced or generated by the FundFilter Product in response to or as a result of your User Inputs; and (ii) any and all investment or other decisions made as a result of your User Inputs. ALTMAN shall have no responsibility for, and shall have no liability to you in connection with, your User Inputs, or for any FundFilter Content generated or displayed by the FundFilter Product as a result of your User Inputs.
(c) You acknowledge and agree that the FundFilter Content is provided for informational purposes only. While commercially reasonable care has been taken in sourcing, compiling, organizing, maintaining and presenting the FundFilter Content via the FundFilter Product, ALTMAN does not warrant or guarantee the FundFilter Content’s completeness, legality, correctness, accuracy, or timeliness. ALTMAN does not provide investment services or investment advice and you acknowledge and agree that: (i) neither the FundFilter Product nor the FundFilter Content constitutes investment services or investment advice; and (ii) you will not rely on the FundFilter Product or the FundFilter Content for making any investments or financial decisions. If you are using the FundFilter Product or the FundFilter Content for purposes of providing investment services, investment advice, or to otherwise trade in stock, securities, or other ownership interests issued by any publicly-traded or privately-held entity, then you do so at your own risk, and you agree to use your own independent skill, experience, knowledge and professional judgment in doing so and without any reliance on the FundFilter Product or the FundFilter Content for such purpose. You acknowledge and agree that nothing in the FundFilter Product or the FundFilter Content is deemed to constitute: (1) information that specifically addresses any specific individual’s investment objectives, financial situation, or the particular needs of any specific person who uses the FundFilter Product and/or accesses the FundFilter Content; (2) the establishment of an advisory relationship; or (3) a transaction in securities for the account of others.
(d) The FundFilter Product is intended to be used in a manner that is unique to each individual User. For example, User Inputs are selected by Users in their discretion, and the FundFilter Product further permits Users to upload certain investment fund information that is sourced by the User independent from ALTMAN and/or the FundFilter Content, as well as personal notes and/or comments regarding individual investment funds (collectively, “User Specific Content”). Your User Specific Content will be made available only to you as part of your FundFilter Product User account. ALTMAN agrees that: (i) it will not make available your User Specific Content to any other User, or otherwise use or display your User Specific Content other than to provide the FundFilter Product to you; and (ii) in the event of the termination or expiration of your Usage Rights, ALTMAN will destroy and/or disable your User Specific Content. However, you are solely responsible for the sourcing, completeness, legality, correctness, accuracy, or timeliness of your User Specific Content, and for ensuring, where applicable, that you have all necessary rights to upload and/or use your User Specific Content as part of your use of the FundFilter Product. While ALTMAN will use commercially reasonable efforts to protect your User Specific Content against unauthorized use or disclosure, ALTMAN cannot guarantee the security or confidentiality of your User Specific Content, and you acknowledge and agree that ALTMAN may disclose or make available your User Specific Content in order to provide the FundFilter Product to you and/or in accordance with Section 11 below. You agree to back-up and maintain your User Specific Content independent from the FundFilter Product; ALTMAN will have no obligation to back-up or maintain your User Specific Content and shall not be liable to you for any loss, deletion, or destruction of your User Specific Content.
(e) To the extent any data or information provided to you as part of the FundFilter Product is provided in de-identified or aggregated form, you agree not personalize or attempt to personalize any such data or information, identify or attempt to identify the data subjects or sources to whom the data or information relates or from whom the data or information was obtained or otherwise pertains to, or otherwise reconstruct and/or disaggregate the FundFilter Content in any way.
(f) You acknowledge and agree that you may access the FundFilter Content solely via the FundFilter Product in accordance with your Usage Rights. ALTMAN has no obligation to provide or make available the FundFilter Content to you other than through the FundFilter Product.
(a) License, sublicense, lease, rent, timeshare, distribute, disclose, permit access to, or transfer to any third party, any portion of the Service and/or any ALTMAN Content, whether for profit or without charge;
(b) Store, reproduce, distribute, transmit, modify, adapt, perform, display (including by “framing”), publish or sell the Service and/or any ALTMAN Content;
(c) Translate, reverse engineer, re-engineer, disassemble, decompile, discover, or modify the Service, any ALTMAN Content, or any ALTMAN software;
(d) Remove any copyright and other proprietary notices placed upon the Service and/or any ALTMAN Content accessible via the Service;
(e) Circumvent any use-limitation or protection device contained in or placed upon the Service and/or any ALTMAN Content, or access or attempt to access any portion of the Service and/or any ALTMAN Content that you are not authorized to access;
(f) Use the Service to execute denial of service attacks;
(g) Perform automated searches against ALTMAN’s systems (except for non-burdensome federated search services), including automated “bots”, link checkers or other scripts, without prior written permission from ALTMAN;
(h) Use the Service or any ALTMAN Content to create products or perform services which compete with or interfere with the Service, any ALTMAN Content, or any other products or services of ALTMAN or its licensors;
(i) Text mine, data mine or harvest metadata from the Service;
(j) Impair or overburden the Service or any servers or systems associated with the Service;
(k) Impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity;
(m) Use the Service and/or any ALTMAN Content in any manner that violates, infringes, or misappropriates the intellectual property rights, publicity or privacy rights, or other proprietary rights of any third party;
(n) Introduce to the Service or any other ALTMAN systems or software any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
(o) Download all or parts of the Service and/or any ALTMAN Content in a systematic or regular manner or so as to create a collection of materials comprising all or a material subset of the Service and/or the ALTMAN Content, in any form; or
(p) Use the Service and/or the ALTMAN Content in connection with life support systems, medical devices, or any application or other high risk activities where failure or malfunction could lead to possible loss of life.
(a) ALTMAN may provide certain paid or free services associated with the use of the Service, in its sole discretion. All fees charged by ALTMAN may be modified or changed at any time in its sole discretion. When your use of the Service requires the payment of a fee, you will have the opportunity to review and accept the fees that you will be charged. If you do not agree to pay the fee, do not proceed with your transaction. Unless otherwise stated, all fees are quoted in U.S. Dollars.
(b) You are responsible for paying all fees and applicable taxes associated with your use of the Service in a timely manner with a valid payment method. ALTMAN does not provide refunds.
(c) If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. This includes charging other payment methods on file with us, or retaining collection agencies and legal counsel, in our discretion.
10. Third Parties Websites, Materials and Content.
(c) The Service may display or make available, and the ALTMAN Content may include, third party content (including data, information, and/or materials) (collectively, “Third Party Materials”). You acknowledge and agree that ALTMAN is not responsible for the Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. ALTMAN does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials.
11. Monitoring and Enforcement.
(a) ALTMAN may: (i) disclose your identity or other information about you to any third party who claims that Your Content or any other material posted by you by or through the Service violates their rights, including their intellectual property rights, publicity rights, or their right to privacy; or (ii) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities, third parties or court order requesting or directing us to disclose the identity or other information (including Your Content) of any User posting any materials on or through the Service.
(b) We do not commit to reviewing any of Your Content or any other user content or materials before it is posted or transmitted through the Service, and cannot ensure prompt removal of objectionable material after it has been posted or transmitted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content, including any of Your Content, provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
13. NO WARRANTIES. YOU AGREE THAT THE SERVICE AND ALL ALTMAN CONTENT IS PROVIDED BY US OR ANY OF OUR EXISTING OR FUTURE VENDORS, AFFILIATES OR AGENTS “AS IS” AND “WITH ALL FAULTS,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. ALTMAN DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AND DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, ACCURACY, COMPLETENESS, PRIVACY OR SECURITY AND ANY IMPLIED WARRANTIES CREATED BY TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE FURTHER DISCLAIM ALL DUTIES TO YOU, IF ANY SUCH DUTIES EXIST, INCLUDING BUT NOT LIMITED TO GOOD FAITH AND FAIR DEALING, REASONABLE CARE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE. IF A DUTY CANNOT BE DISCLAIMED, YOU AGREE THAT THE STANDARD USED TO MEASURE ALTMAN’S PERFORMANCE OF THAT DUTY WILL BE INTENTIONAL MISCONDUCT. ALSO, THERE IS NO WARRANTY OF TITLE OR AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY ASPECT OF THE SERVICE OR AGAINST INFRINGEMENT. YOU EXPRESSLY WAIVE ALL DUTIES, CONDITIONS AND ALL WARRANTIES THAT MIGHT EXIST BUT FOR THIS SECTION. ALL RISK IN CONNECTION WITH THE USE OF THE SERVICE AND/OR ANY ALTMAN CONTENT IS WITH YOU.
19. Notices, Including Our Address for Legal Notices.
(a) We may give you notice by any lawful method, including (without limitation) legal notices and notices of subpoenas. We may provide the notices by posting them on the Service or by giving them by email or postal mail to any address that we have for you. You agree to update your address as appropriate and to check for notices posted on the Service.
(b) You agree to send us notice by mailing it to “Our Address for Legal Notices” which is 1001 SW Emkay Drive, Suite 100, Bend OR 97702, or by emailing it to us at firstname.lastname@example.org.
22. No Class Actions. Each party expressly waives their right to file a class action or seek relief on a class basis. YOU AND ALTMAN AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
24. Further Information. If you would like to receive our legal name and address by email or request any additional information from ALTMAN, please provide us your email address by sending your request, in writing, to Our Address for Legal Notices. If you have a complaint, you may contact us at the address(es) set forth in Section 19.
25. Notice of Copyright Agent. ALTMAN respects the intellectual property rights of others and requests that you do the same. Anyone who believes that their work has been reproduced in the Service in a way constituting copyright infringement may provide a notice to the designated Copyright Agent for the Service containing the following: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (iv) the address, telephone number, and, if available, an email address at which the complaining party may be contacted; (v) a representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a representation that the information in the notice 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.
Copyright infringement claims and notices (but not other notices) should be sent to the attention of our Copyright Agent, in the following manner:
by mail: Altman Inc, 1001 SW Emkay Drive, Suite 100, Bend, OR 97702
by email: email@example.com
Please use the same procedure for any claimed infringement of any trademark rights or infringements or misappropriations of other intellectual property or third party rights.
26. Notice About Trademarks. ALTMAN™, FundFilter™, and any associated logos or designs are trademarks of ALTMAN Inc. All other trademarks and logos on the Service and/or in the ALTMAN Content are the property of their respective owners. All rights are reserved.