1.0 Terms and Conditions of Use
A. Agreeing to Terms and Conditions of Use - Website (the "Terms")
Alpha Trading Systems L.P. ("Alpha") maintains this website and its social media sites (including its blogs, Facebook, Twitter and YouTube pages, as applicable) for information and educational purposes only. By accessing this website operated by Alpha (the "Web Site") and/or using the services provided through this Web Site ("Services"), or by participating in any of Alpha Group's social media sites (including by following, reading, viewing, sharing or otherwise using any associated posts or content), you agree to comply with and be legally bound by the following Terms. If you do not agree with these Terms do not access this Web Site or use the Services. You should review these Terms regularly since we may amend them from time to time, and you will be bound by the amended version.
You represent and warrant that you have full authority to accept these Terms and that you are capable of assuming the risks related to the use of this Web Site and the Services. You agree that you understand and accept these Terms. If you are dissatisfied with the Web Site or its contents, your sole and exclusive remedy is to stop use.
"Access Device" means any device you use to access the Services, including, but not limited to telephone, cellular or portable telephone, personal computer, intelligent terminal, or any similar or other device.
"Alpha Group" means Alpha Trading Systems Limited Partnership, Alpha Trading Systems Inc., Alpha Exchange Inc., Alpha Services Inc. and any of their affiliates.
"Quotation" means any request through the Services for stock, option, index, or other security or market data, including bid/ask/last price/changes, charting and analysis.
"Service Provider" means, without limitation, any licensors, suppliers, Service Providers or other third parties that provide, from time to time, any data, information, content, application, tool, feature or service for purposes of the Website.
"Services" means: (i) access to Quotations, securities and market data, or other information using the Web Site or other on-line or internet connection, including without limitation, the Services provided in connection with these Terms (collectively the "Information"); and (ii) the facility to send communications using the Web Site or other similar on-line or internet connection to Alpha Group.
C. Viewing Rights and Permitted Uses
Viewing Rights and Restrictions on Use
Alpha grants to you a limited, non-transferable, non-exclusive license to view the material on the Web Site for your non-commercial or personal use only. You may not modify any content that you use. You may not use the content on this Web Site or on any of Alpha Group's social media sites for any commercial purpose. All copies and print outs must retain all copyright and similar notices as included on the Web Site. You may not use, distribute, transmit, republish, redesign, revise, reverse engineer, or create derivative works of the Web Site content without the written permission of Alpha Group.
Uses subject to prior written approval
Intellectual property rights and Software Licensing
This Web Site and its contents, both the individual elements and the collective work, are protected by copyright, and by trade mark law, patent law and all other applicable laws. The mention or display of trade-marks, trade names or service marks on this Web Site or on any of Alpha Group's social media sites is not intended to and will not convey or create any license or other rights to use such names and marks. Some of the information may be provided by Service providers and the Service Providers have legal rights in relation to the information provided by them, including copyright and trade-mark rights. When you install or use any software that is downloaded from this Web Site or otherwise, it is your responsibility to comply with the provisions of any agreements, licences, other legal or technical documentation and legal requirements governing such installation or use of software. Alpha Group and the Service Providers may enforce their rights directly against you by legal proceedings or other appropriate means.
Deep Linking and Framing.
Unless prior written consent has been granted by Alpha, Alpha Group does not permit any activities by third parties such as linking to an internal or subsidiary page of the Web Site that is located one or several levels down from the home page ("deep linking"), or bringing up or presenting content of this Web Site within another website ("framing"). In this regard, without limiting the provisions contained in these Terms, you must make a specific request for, and secure permission from, Alpha Group prior to deep linking to this Web Site or any of its content, or engaging in similar activities. Framing this website or any of its content is not permitted under any circumstances.
Removal of Information provided by Third Parties or other actions for non-permitted use
Alpha will not monitor content posted by third parties and will bear no responsibility for removing or editing any content. However, Alpha may, at any time, without prior notice and at its sole discretion take the following action: remove any post, block any access to the website or other social media sites, or take any other appropriate action against any person who violates the terms and conditions of use, including but not limited to, engaging in personal attacks, or is offensive to other users or otherwise is inappropriate.
D. Information is being provided for informational purposes only
Purpose and Quality of Information
No advice or recommendations regarding securities
Neither Alpha Group, its Service Providers nor any of their respective affiliates, officers, directors, employees, agents or licensors: (a) has passed on the merit of any of the securities referred to on or through the Website or any linked site; or (b) has endorsed or sponsored any of these securities; or (c) makes or has made any recommendation regarding any securities issued by any of the companies identified on or through or linked to the Website, nor the advisability of investing in securities generally for any particular individual. The information provided on this Web Site is intended for informational purposes only and is not intended to constitute financial, accounting, legal or tax advice. PLEASE SEEK THE ADVICE OF QUALIFIED PROFESSIONAL ADVISORS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC SECURITY, INDEX, REPORT, OPINION, ADVICE OR OTHER CONTENT.
Advertisements or Hyperlinks do not imply any approvals or endorsements or guarantee accuracy
Advertisements or links to other web sites or references to products, services or publications other than those of Alpha Group on this Web Site do not imply the endorsement or approval of such web sites, products, services or publications by Alpha Group. Alpha Group makes no representations or warranties with respect to, and is not responsible or liable for, these web sites products, services or publications. Access to this Web Site or any of Alpha Group's social media sites may be provided by a hypertext link or other link located at another website or social media site. Although Alpha Group appreciates links from third-party websites and social media sites, Alpha Group has no responsibility for the content of such sites and does not endorse, authorize, approve, certify, maintain, or control these other sites and does not guarantee the accuracy, completeness, efficacy or timeliness of the information located at such sites.
No Solicitation regarding products or services
Nothing on this Web Site constitutes a solicitation or offer by Alpha Group to buy or sell products or services of any kind whatsoever including without limitation securities or any other financial instrument of any issuer.
Timeliness and Changes to the Information
Information which may have been accurate at the time of posting could become out-of-date. Changes may be made at any time to the information without prior notice.
Non-Confidential Use of Your Postings
Any non-personal communication, comments, ideas or material you post or transmit to Alpha Group is, and will be treated as, non-confidential and non-proprietary. By transmitting or posting any communication or material to the Website you grant to Alpha Group and all of its affiliates, an unrestricted, irrevocable license to use, reproduce, display, modify, transmit, distribute, publish, broadcast or post your communication for any purpose. You also agree that Alpha Group is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first notify you that the materials or other information you submit to a particular part of a site will be published or otherwise used with your name on it; or (c) we are required to do so by law.
No Assurance of the Protection of Information
E. No Access to restricted areas or unauthorized functions
You will not access or attempt to access, nor permit any person to access or attempt to access, any restricted areas of any computer or telecommunications system of Alpha Group, its associates, suppliers or Service Providers without the Alpha Group's consent. You will not perform, nor will you permit any person to perform, any functions not authorized by Alpha Group pursuant to these Terms or otherwise. Alpha Group has implemented reasonable procedures to protect against loss, misuse or interception of information by third parties however you acknowledge that complete confidentiality and security is not guaranteed. Alpha Group does not accept any responsibility for such loss, misuse or interception.
F. Disclaimer of Warranty and Limitation of Liability
THE INFORMATION ON THIS WEBSITE IS FOR INFORMATION PURPOSES ONLY. YOUR USE OF THE SERVICES AND THE WEB SITE IS AT YOUR OWN RISK. ALPHA GROUP DOES NOT WARRANT THE ACCURACY, COMPLETENESS, QUALITY, ADEQUACY, AVAILABILITY OR CONTENT OF ANY INFORMATION OR SERVICES ON THIS WEB SITE. THE INFORMATION AND SERVICES, THE WEB SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ALPHA GROUP DOES NOT WARRANT THAT THE WEB SITE OR ANY FILES OR SOFTWARE DOWNLOADED FROM THIS WEB SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS.
NEITHER ALPHA GROUP NOR ANY SERVICE PROVIDER SHALL BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (COLLECTIVELY "DAMAGES"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OR INABILITY TO USE THE WEB SITE, SERVICES OR INFORMATION CONTAINED ON THE WEB SITE, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, TRADING LOSSES, POTENTIAL PROFITS, LOSS OF DATA, DAMAGE AS A RESULT OF VIRUSES, ERRORS, INACCURACY OF DATA, EVEN IF ALPHA GROUP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE. THIS LIMITATION OF LIABILITY WILL APPLY EVEN IF THE DAMAGES ARE A RESULT OF THE NEGLIGENCE, FAULT OR WRONGDOING OF ALPHA GROUP, THE SERVICE PROVIDERS OR ANYONE FOR WHOM ALPHA GROUP OR THE SERVICE PROVIDERS ARE RESPONSIBLE. THIS LIMITATION OF LIABILITY APPLIES TO YOU TO THE GREATEST EXTENT THAT APPLICABLE LAW PERMITS REGARDLESS OF THE BASIS OF THE ACTION INCLUDING CONTRACT, TORT OR OTHER BASIS.
You agree to indemnify and hold harmless Alpha Group and the Service Providers from any and all claims, losses, liabilities and expenses (including but not limited to legal fees) arising from your use of the Web Site, Services or your breach of any or all portions of these Terms.
H. General Terms
You acknowledge and agree that Alpha Group may in its sole discretion restrict, change, suspend or terminate your access to, and use, of all or part of the Web Site or Services at any time, for any reason, without notice to you and without liability. If these Terms or your right to use the Web Site or the Services is terminated, these Terms will nevertheless continue to apply and be binding upon you in respect of prior use of the Web Site and the Services you, and anything connected with, relating to or arising from those matters. Alpha Group reserves the right to seek all remedies available at law for violations of these Terms, including the right to block access to this Web Site.
Amendments to these Terms
These Terms are in addition to and not in substitution for any other agreements between you and Alpha Group. You agree that Alpha Group may amend these Terms at any time and without notice to you. By using the Web Site and/or Services following any amendment to these Terms, you agree to be bound by such amendment.
The information on this Web Site is intended for use by persons resident in Canada only. Any products or services mentioned on this Web Site are made available only in accordance with local law (including applicable securities laws) and only where they may be lawfully offered for sale.
Governing Law and Dispute Resolution
This Web Site is controlled by Alpha, whose head office is located in Toronto, Ontario, Canada. These Terms, your use of the Web Site and its content, and all matters relating thereto are governed by, and is to be construed and interpreted in accordance with the laws of the Province in Canada in which the you reside and the laws of Canada applicable therein, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. You agree to irrevocably and unconditionally attorn to the exclusive jurisdiction of the courts of the Province of Ontario in which you reside and all courts competent to hear appeals therefrom.
No waiver of any provision of these Terms by Alpha shall be deemed to be or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver.
If any part of these Terms is found to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions, but such part shall be fully severable and these Terms shall be construed and enforced as if such invalid or unenforceable part had not been contained herein.