ALTMAN Inc Terms of Use
Last Modified: December 1st, 2021
1. Acceptance of Terms of Use. These terms of use (“Terms of Use”) are entered into by and between you and ALTMAN Inc. (“ALTMAN,” “we,” “us” or “our”) and govern your access to and use of the ALTMAN website, www.altman.ai, ALTMAN’s FundFilter product (the “FundFilter Product”), www.fundfilter.com, and all content and functionality associated therewith (collectively, the “Service”).
Please read these Terms of Use carefully before you start to use the Service. By using the Service or by clicking to accept or agree to these Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Notice, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Notice, you must not access or use the Service.
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.
(a) You are responsible for: (i) making all arrangements necessary for you to have access to the Service, including without limitation, your Internet connection; and (ii) ensuring that all persons who access the Service through your Internet connection are aware of these Terms of Use and comply with them.
(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. To register as a User, click here. 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.
(a) 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.
(b) Certain information on the Service, including information made available as part of the FundFilter Product, is based on models and/or tools which use publicly available historical information to predict future outcomes or results. These models and/or tools are intended for informational use only, and you acknowledge and agree that ALTMAN cannot and does not guarantee any particular outcomes or results, and that past or historical results are not indicative of and do not guarantee future performance, outcomes or results.
(c) 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.
(a) ALTMAN Content. The Service and all data, products, content, features and functionality (including but not limited to, all information, user interfaces, software, text, displays, images, and the design, selection and arrangement thereof) (“ALTMAN Content”) thereof, are owned by ALTMAN, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not commercially exploit or make the Service available to any third party. You must not reproduce, distribute, modify, create derivative works of, re-engineer, publicly display, publicly perform, republish, download, store or transmit any of the material on the Service, except as authorized by these Terms of Use. No right, title or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by ALTMAN. Some ALTMAN Content may also be subject to further terms and conditions provided in connection with the particular ALTMAN Content and you agree to comply with any such further terms and conditions. Any use of the ALTMAN Content other than as set forth in these Terms of Use may result in the immediate suspension or termination of your access to all or part of the Service.
(b) Your Content.
(1) Certain features or functions of the Service may permit the uploading, posting, storage, viewing or transmittal of text, information, and content (collectively, “Your Content”). You retain ownership of any of Your Content posted or transmitted to or through the Service, but in order for us to provide you the Service, you must grant certain rights to ALTMAN to use Your Content. Accordingly, subject to any restrictions or limitations set forth in these Terms of Use, including our obligations with respect to User Specific Content set forth in the FundFilter Product Terms, including without limitation, Section 7(d), you hereby grant to ALTMAN and its designees, a royalty-free, fully paid, non-exclusive license to post, store, use and transmit any and all of Your Content in connection with: (i) ALTMAN’s maintenance, operation, and provision of the Service; (ii) the operation of ALTMAN’s business, including its development and design of any products or services; and (iii) the creation of Systems Data. You are solely responsible for any and all of Your Content uploaded and/or transmitted in and/or through the Service.
(2) You represent and warrant to ALTMAN that: (i) you own Your Content or otherwise have sufficient rights in Your Content to grant the license rights granted to ALTMAN in this Section; (ii) Your Content does not, and its use by ALTMAN as contemplated in these Terms of Use will not, violate, infringe, or misappropriate the intellectual property rights, publicity or privacy rights, or other proprietary rights of any third party, or breach or violate any obligation of confidentiality owed to any third party; (iii) your uploading, posting, storage, viewing or transmittal of Your Content to or through the Service will not violate applicable Laws; and (iv) there are no claims currently pending or threatened, and you have not engaged in any acts or omissions likely to result in any such claims, as to: (a) your ownership of, use of, or rights in Your Content; (b) your violation, infringement or misappropriation of any third party intellectual property rights, publicity or privacy rights, or other proprietary rights with respect to Your Content; (c) your violation or breach of any obligation of confidentiality owed to any third party with respect to Your Content; or (d) the violation of Your Content of applicable Laws.
(3) ALTMAN reserves the right to refuse to post or transmit any of Your Content. Furthermore, in the event that ALTMAN discovers or has reason to believe that Your Content is in violation of these Terms of Use, including without limitation, this Section 6(b) and/or Section 8 below, ALTMAN may, without limiting its rights or creating any liability therefor, immediately remove Your Content from the Service, and may further block and/or restrict your access thereto pending resolution of any such violation.
(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.
(c) Systems Data. You acknowledge and agree that all Systems Data is and shall remain the sole and exclusive property of ALTMAN. For purposes of clarity, ALTMAN may make any legal use of the Systems Data without notifying you or sharing such Systems Data with you. Specifically, by way of illustration and not by way of limitation, ALTMAN may publish and share Systems Data with others in aggregate or statistical form to promote the Service and/or ALTMAN’s products or services, for evaluating the efficiency, utility and functionality of the Service and/or ALTMAN’s other products or services, and for enhancing and improving the Service and ALTMAN’s other products or services. For purposes of these Terms of Use, “Systems Data” means all data, content and information regarding your use of the Service in the nature of de-identified or aggregate systems administrative data, statistical and demographical data, operational information, and data generated by or characterizing the use of the Service, including without limitation, any de-identified or aggregate Your Content.
(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:
(i) The license rights granted in this Section do not include the right to copy, electronically transmit to third parties, print or download the FundFilter Content apart from the FundFilter Product except as otherwise expressly authorized in these Terms of Use, and you agree not to copy, electronically transmit to third parties, print and/or download such FundFilter Content apart from the FundFilter Product except as otherwise expressly permitted herein.
(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.
(2) You may only access and/or use the FundFilter Product within the scope of your Usage Rights. For example, certain Usage Rights may be limited to the use of the FundFilter Product by a single user or multiple single users, or impose other prohibitions or restrictions on your use of the FundFilter Product. It is your obligation to know and understand the scope and extent of your Usage Rights. If you exceed the scope of your Usage Rights, you agree: (i) that ALTMAN may invoice you for the additional fees commensurate with any such unauthorized use; (ii) that you will pay such invoice within thirty (30) days of your receipt of the invoice; and (iii) that such remedy is not exclusive of the other remedies available to ALTMAN in connection with such unauthorized use.
(3) ALTMAN may further grant you Usage Rights for a temporary or limited period of time so as to permit you, at no cost, to evaluate and test the FundFilter Product or otherwise use the FundFilter Product for research or educational purposes (“Evaluation Rights”). In the event that ALTMAN grants you such Evaluation Rights, you agree that your rights to access and/or use the FundFilter Product will: (a) be limited to the testing and/or evaluation of the FundFilter Product and/or use of the FundFilter Product for research or educational purposes, as applicable; and (b) unless earlier terminated by ALTMAN, automatically expire upon the expiration of the temporary or limited period of time for which you have been granted Evaluation Rights, unless you make payment to ALTMAN. In the event that you make the required payment, your Evaluation Rights will, unless earlier terminated by ALTMAN, automatically convert to the Usage Rights you have purchased from ALTMAN and your access and/or use of the FundFilter Product will continue to be subject to the terms and conditions of these Terms of Use. With respect to such Evaluation Rights, you acknowledge and agree that:
(i) ALTMAN does not provide any technical support or service levels in connection with the Evaluation Rights.
(ii) Any risk associated with the Evaluation Rights is solely with you;
(iii) The Evaluation Rights shall be limited to the evaluation period authorized by ALTMAN, and ALTMAN reserves the right to terminate such Evaluation Rights at any time upon written notice to you.
(iv) Any publication in any journal, paper, magazine or any other such similar disclosure relating to the FundFilter Product or your use thereof shall require the prior written consent of ALTMAN, which shall not be unreasonably refused, withheld, conditioned or delayed. Any draft article intended to be submitted for publication by you shall first be sent to ALTMAN. The use of FundFilter shall be acknowledged in any such publication.
(v) IN NO EVENT SHALL ALTMAN BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER IN CONNECTION WITH SUCH EVALUATION RIGHTS, WHETHER OR NOT SUCH DAMAGES ARE DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE. IF NOTWITHSTANDING THE PRECEDING SENTENCE, ALTMAN IS LIABLE TO YOU IN CONNECTION WITH ANY SUCH EVALUATION RIGHTS, ALTMAN’S TOTAL AGGREGATE LIABILITY TO YOU IN CONNECTION WITH SUCH EVALUATION RIGHTS SHALL NOT EXCEED $100 USD.
(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. FundFilterCertain FundFilter Content will be displayed in the FundFilter Product 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 that may be 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 independently assess or verify the accuracy or sufficiency of the investment fund reporting documents and other publicly accessible information used to produce the FundFilter Content, and does not warrant or guarantee the FundFilter Content’s completeness, legality, correctness, accuracy, or timeliness. Any FundFilter Content that predicts or suggests future outcomes or results is based on publicly available historical information, and you acknowledge and agree that ALTMAN cannot and does not guarantee any particular outcomes or results, and that past or historical results are not indicative of and do not guarantee future performance or outcomes. 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.8. Your Conduct. You may use the Service only for lawful purposes in accordance with the terms and conditions of these Terms of Use. Except as expressly permitted in these Terms of Use, you agree not to:
(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;
(l) Violate any Laws. For purposes of these Terms of Use, “Laws” means applicable federal, international, state and local laws, statutes, rules, regulations and ordinances, including any judgment or order of any court or governmental authority, and specifically includes, without limitation, the Gramm-Leach-Bliley Act and its implementing rules and official guidance, the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, all applicable anti-bribery and anti-corruption laws and regulations, including the U.S. Foreign Corrupt Practices Act and the UK Bribery Act 2010, and all applicable privacy and data protection laws;
(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.
9. Payments.
(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.
(a) The Service may link to other websites. These links may be provided by ALTMAN as a convenience to you. If you deal with a linked site, your transaction is not with ALTMAN so you should review the linked site’s “terms of use,” other contract(s) and/or privacy notice before completing your transaction.
(b) ALTMAN may further use third party services, software or applications in making available the Service to you. You agree to comply with any and all third party license terms, terms of use, or terms of service applicable to any such third party service, software or applications, and shall not take or fail to take any act that would cause ALTMAN to be in breach or violation of any such third party license terms, terms of use, or terms of service. You further acknowledge and agree that ALTMAN shall not be responsible for, and shall have no liability to you in connection with, the unavailability, failure of, or your inability to use, any such third party service, software or applications.
(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.
(d) You acknowledge and agree that ALTMAN’s: (i) linking to any third party website; (ii) using any third party services, software or applications; or (iii) providing any Third Party Materials, does not constitute or imply an endorsement by ALTMAN of the third party provider. The providers of any third party services, software or applications or Third Party Materials may be third party beneficiaries of these Terms of Use having the right to enforce these Terms of Use in accordance with its terms.
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.
12. No Commercial Use; Authorization. You may use the Service for your internal, non-commercial (except as otherwise set forth herein) use solely for lawful purposes in compliance with these Terms. If you are using the Service on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf, and that such entity agrees to indemnify ALTMAN pursuant to Section 18 below.
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.
14. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER ALTMAN NOR ANY OF ITS EXISTING OR FUTURE AFFILIATES, SUPPLIERS OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES, OR FOR DAMAGES FOR LOST PROFITS, FOR LOSS OR IMPAIRMENT OF PRIVACY, SECURITY OR DATA, FOR FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, WORKMANLIKE EFFORT OR OF LACK OF NEGLIGENCE), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY BREACH OR OTHER ASPECT OF THESE TERMS OF USE OR THE SERVICE, EVEN IF ALTMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION.
15. EXCLUSIVE REMEDY. IF FOR ANY REASON ALTMAN IS FOUND LIABLE HEREUNDER, ALTMAN’S TOTAL LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF: (i) THE FEES YOU HAVE PAID TO ALTMAN IF ANY, IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE CAUSE OF ACTION GIVING RISE TO LIABILITY; OR (ii) $100 USD. YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR RELATIONSHIP WITH ALTMAN MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM IS PERMANENTLY BARRED. THE DAMAGE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
16. Termination or Cancellation. As noted above, these Terms of Use are a legally binding agreement between you and ALTMAN with respect to your use of the Service. Either we or you may terminate this agreement with or without cause or prior notice. You will still be liable for payment of any amounts due or other obligations incurred prior to termination, and if you use the Service after such termination, that use will constitute your new agreement to these Terms of Use. If applicable Laws require that we provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records. ALTMAN’s rights under these Terms of Use that by their terms, nature, sense or context are intended to survive the termination of these Terms of Use shall survive such termination. Without terminating your right to use the Service pursuant to these Terms of Use, we may suspend or block your access to the Service whenever it appears to us that you might be breaching or violating these Terms of Use or otherwise about to cause harm or damage to us or others. No breach of these Terms of Use by ALTMAN shall be deemed a material breach unless ALTMAN is first given not less than fifteen (15) business days to cure the breach.
17. Applicable Law and Exclusive Forum. The Service is controlled by us from our offices within the United States and is intended for United States users only. If you choose to access the Service from locations outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. You may not use or export anything from the Service in violation of U.S. export laws and regulations or these Terms of Use. You agree that these Terms of Use, and all claims of every nature (including without limitation, contract, tort and strict liability) relating to any aspect of the Service, shall be governed by the laws of the State of Delaware, U.S.A., without regard to its conflicts of laws provisions and without regard to where performance is made. THESE TERMS OF USE WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. You agree that any disputes shall be heard exclusively in an appropriate forum located in Multnomah County, Oregon. You also consent to jurisdiction in a state or federal court sitting in Multnomah County, Oregon and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Oregon or U.S. federal law.
18. Indemnity. You agree to indemnify, defend and hold harmless ALTMAN, its licensors, affiliates, successors and assigns, and each of the officers, directors, members, employees, agents, and representatives of the foregoing, for, from and against any and all losses, liabilities, damages, fees, penalties, claims and demands (actual or alleged), and costs and expenses (including reasonable attorneys’ fees and legal costs), arising out of or related to your breach of these Terms of Use, your violation of any Laws, your infringement of any third party intellectual property rights, or the use of your User account by a third party. ALTMAN reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to reasonably assist and cooperate with ALTMAN in the defense thereof.
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 ____________________________, or by emailing it to us at ____________________.
20. Amendments. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter. Your continued use of the Service following the posting of revised Terms of Use means that you accept and agree to the changes. We encourage you to check these Terms of Use often for updates.
21. Agreement; Miscellaneous. These Terms of Use, which incorporate by reference any: (i) additional terms on the Service or otherwise provided by us for particular activities; and (ii) disclosures provided by us and consents provided by you on the Service, constitute the entire agreement between us and neither party has relied on any representations made by the other that are not expressly set forth in these Terms of Use. If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid, then that part will be deemed superseded by an enforceable provision that most closely matches the intent of the original and honors the allocation of risks in these Terms of Use and the remainder of these Terms of Use will continue in effect. Our failure to act with respect to a breach does not waive our right to act as to subsequent or similar breaches. Time is of the essence in connection with your performance under these Terms of Use. Except as set forth in Sections 10 and 18 above, there are no third party beneficiaries of any part of these Terms of Use. These Terms of Use are personal to you, and are not assignable, transferable, or sublicensable by you except with ALTMAN’s prior written consent, which ALTMAN may withhold for any reason or no reason. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under these Terms of Use, the prevailing party will be entitled to recover its reasonable costs and attorneys’ fees.
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.
23. Waiver of Jury Trial. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OR THE SUBJECT MATTER OF THESE TERMS OF USE.
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: Gavin Burke, Altman Inc., 1001 SW Emkay Drive, Suite 100, Bend OR 97002
by email: gburke@altman.ai
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.
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