Terms and Conditions
Terms and Conditions
Welcome, and thank you for your interest in Alpha Insights (the "App" or "Site"), owned and operated by Shobel, LLC, and hereby referred to as ("Alpha", “we, “us”, and “our”). These terms are a legally binding contract between us and yourself (“you” or "user"), the individual who logs on and uses our application or service (“the Service”). By accessing or using this application, you agree that you have read understood accept and agree to be bound by these Terms and Conditions. Do not continue to use the App if you do not agree to all terms and conditions stated on this page.
The App is a tool that allows the user to view and analyze information pertaining to stocks and financial commodities which are publicly traded on stock exchanges. Most of the data displayed in the App is derviced from publicly available information. We hold no responsibility whatsoever regarding the information displayed in the App and/or its accuracy.
You acknowledge that: (i) the Service is provided for information purposes only and is not intended for trading purposes; (ii) the Service may include certain information taken from stock exchanges and other sources from around the world; (iii) We do not guarantee the sequence, accuracy, completeness, or timeliness of the Service. Performance data may not be updated or accurate on a daily basis due to maintenance procedures, errors, downtimes, etc. ; (iv) the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which we are a party; (v) none of the information contained in the App constitutes a solicitation, offer, opinion, or recommendation by us to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment; and (vi) the information provided in the App is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation. Accordingly, anything to the contrary herein set forth notwithstanding, we shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (a) inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data; (b) delays, errors, or interruptions in the transmission or delivery of the Service; or (c) loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
Any action and/or investment and/or transaction based upon information presented on the App are made entirely upon the user sole discretion. We hold no responsibility whatsoever for any of the above mentioned actions made by the user, and in no case will the user have any claim against us for any direct and/or indirect damages inflicted on him for actions made by his use of the App.
These Terms and Conditions together with our Privacy Policy and any additional terms which might apply to any Services offered, govern your use of the App. We may change these and any other terms related to your use of the App at our sole discretion. If you choose to continue your use of the App you hereby accept any future changes that may occur.
1. Access or Use of any Services
You are granted with a personal, limited, revocable, non-exclusive, non-transferable and no-sub licensable right and license to access and use the App solely for personal non-commercial purposes. Your access to certain content or features may be limited if you are not 18 years of age or older, or the legal age in your jurisdiction to form a legally binding agreement, or for other reasons.
2. Limitation, Suspension or Termination
(a) We may, in our sole discretion, temporarily or permanently change, limit, suspend or terminate your access to the App or any Content (defined in section 4) without prior notice. We may do so based on changes to our business practices (e.g., eliminating features, losing access to data, etc.), if you violate any terms of these Terms and Conditions, or for any other lawful reason. You agree that we are not liable to you or any third party for any such action.
(b) Any limitation, suspension, or termination we may impose shall not alter your obligations to us under these Terms and Conditions. The provisions of these Terms and Conditions, which by their nature should survive any such action on our part, shall survive including, but not limited to, provisions relating to indemnities, releases, disclaimers, limitations on liability, and the miscellaneous provisions below. Upon termination of these Terms and Conditions, or in any case determined by us in our sole discretion, your license to use the Content will immediately expire.
(c) If you violate these Terms, we reserve the right to issue you a warning regarding the violation or to immediately terminate or suspend your access and/or use of the Service. You agree that we do not need to provide you with a notice before terminating or suspending your access and/or use of the Service, but we may provide such notice at our sole discretion.
(d) We retain the right, at our sole discretion, to implement limits to the nature of, or your continued ability to access the Service and any data, and impose other limitations at any time, with or without notice, including without limitation, by charging fees. You acknowledge that a variety of our actions may impair or prevent you from accessing or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that we have no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, the Service or data within.
3. Acceptable Use
(a) The App is provided for your information and personal, non-commercial use only. When using the App, you must comply with these Terms and Conditions, and all applicable laws.
(b) Except as expressly permitted by these Terms and Conditions , you may not:
(i) use the App in an unlawful or fraudulent manner or for such purposes, to collect personally identifiable information, or to impersonate other users;
(ii) modify or use our copyright, trademark or other proprietary rights notices, or interfere with the security-related features of the App;
(iii) use the App in any way to manipulate or distort, or undermine the integrity and accuracy of, any content or take any action to interfere with, damage, disrupt any part of the App;
(iv) decompile, reverse engineer or disassemble any portion of the App;
(v) use the App for any commercial purpose or in connection with any commercial activity performed, without obtaining our prior written consent
4. Intellectual Property
The App and related content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation and interactive features (collectively referred to as "Content") and all intellectual property rights to the same are owned by us and/or by third parties, and nothing herein grants you any right in connection with the Content, except for a limited, revocable, non-transferable and non-sub licensable right and license to access and use such Content solely for personal non-commercial purposes. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the App are owned by us, our licensors, or both. Except for the limited license granted under this section, you shall not acquire any right, title or interest in the App. Any rights not expressly granted in these Terms and Conditions are expressly reserved.
5. Modifications
We reserve the right at any time and at our sole discretion to modify or discontinue, temporarily or permanently, the App or any part thereof, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the App.
6. Disclaimers
The app and all information provided in connection therewith are provided “as-is” and “as available”, without any warranties of any kind, either express or implied, including any warranties of fitness for a particular purpose, fitness for any user’s investment objectives, financial situation, or means. Furthermore, the App and the Content provided in connection therewith may contain, be based on or otherwise refer to error, inaccuracies, miscalculations, partial or incomplete information, outdated data, and mistakes or faults. In no event shall we be responsible for the performance of the App, including but not limited to any failure, disruption, downtime, or interruption of service, delay, inaccuracy or other nonperformance in connection with the Service.
You understand that the Service is based on (a) past results which are not necessarily indicative of future performance and on (b) online or third party sources of information which we deem reliable, but we disclaim any warranty or liability in connection with such content and provide no guarantees with respect to their accuracy or completeness.
The App or Service may contain, or direct you to other web pages. We make no representations concerning any content contained in or accessed through the App, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the App.
You understand that (i) no content provided in connection with the App constitutes a recommendation or opinion with respect to any particular investment, security, portfolio of securities, transaction or investment strategy or its suitability for any specific person; (ii) We make no, and, to the fullest extent permitted under law, hereby disclaims all, representations or warranties of any kind, express or implied, as to the availability, operation and use of the App or the information, content, materials or services on or accessed via the App, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement. Neither the App, nor any information, content, materials, algorithm or services available via the App, constitutes or is intended to constitute, or should be construed as, a solicitation or any offer to buy an interest in any security, investment advice or a recommendation or promotion of any transaction, futures contract, security or other financial product, investment manager, or trading or investment strategy
THE SERVICES ARE OFFERED SOLELY FOR YOUR INFORMATION AND NOT FOR ANY COMMERCIAL USE. YOU SHOULD NOT RELY UPON ANY INFORMATION OR CONTENT INCLUDED IN ANY SERVICES FOR PURPOSES OF ANY INVESTMENT OR TRANSACTION IN SECURITIES, AND YOU ARE ENCOURAGED TO CONDUCT YOUR OWN RESEARCH AND DUE DILIGENCE, AND TO SEEK THE ADVICE OF A QUALIFIED SECURITIES PROFESSIONAL, WHICH IS LICENSED TO PROVIDE ADVICE IN CONNECTION WITH SECURITIES, BEFORE YOU MAKE ANY INVESTMENT. WE ARE NOT A REGISTERED INVESTMENT ADVISOR OR BROKER-DEALER, AND WE DO NOT PROVIDE AN INVESTMENT ADVISORY SERVICE OR ANY ADVICE OR RECOMMENDATION WITH RESPECT TO BUYING OR SELLING ANY SECURITIES. WE HAVE NOT OBTAINED ANY LICENSE FROM ANY REGULATORY AUTHORITY WITH RESPECT TO THESE MATTERS.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE APP, AND ANY PUBLICATIONS, PRESENTATIONS, FINANCIAL TRADING INFORMATION, PRICING DATA, TRADE DATA, PERFORMANCE INFORMATION, ANALYSTS OPINIONS, POSTINGS, OR OTHER INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED IN THE APP, IS AT YOUR OWN RISK.
You are solely responsible for any actions or decisions you take based on materials and information available through the App and should carry out your own research and investigation as appropriate.
7. Limitation of Liability
(a) UNDER NO CIRCUMSTANCES SHALL WE OR ANY THIRD PARTY WORKING WITH US BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS OR LOST DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS, INFORMATION, ADVICE, INFORMATION OR ADVERTISING RECEIVED THROUGH OR IN CONNECTION WITH THE APP. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
(b) REGARDLESS OF ANY INFORMATION YOU HAVE RECEIVED TO THE CONTRARY, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY EXCEED $50. YOU AGREE THAT THIS IS A FAIR LIMITATION BASED UPON THE MANNER AND COST BY WHICH OUR SERVICE IS PROVIDED TO YOU, AND TAKING INTO ACCOUNT YOUR ABILITY TO USE ALTERNATIVE RESOURCES PROVIDING INFORMATION SIMILAR TO THAT OF THE APP. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH OUR APP OR THESE TERMS AND CONDITIONS MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. CAUSES OF ACTION BROUGHT OUTSIDE THIS TIME PERIOD ARE WAIVED.
8. Indemnification
You agree to indemnify and hold us harmless from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) arising out of or related to: (i) your access to or use of the App; (ii) any actual or alleged violation or breach by you of these Terms and Conditions (or any Additional Terms (as such term is defined below); (iii) any actual or alleged breach of any representation, warranty or covenant that you have made to us; and/or (iv) your acts or omissions. You agree to fully cooperate with us in the defense of any claim that is the subject of your obligations hereunder.
9. Governing Law; Jurisdiction
(a) These Terms and Conditions shall be construed in accordance with the laws of the United States of America without regard to its conflict of laws rules.
(b) Any claim or dispute between you and us that arises in whole or in part from your use of the App shall be decided exclusively by a court of competent jurisdiction located in California, U.S.A and you hereby consent to, and irrevocably waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in the courts of California.
(c) If there is a dispute between you and anyone accessing the App, or you and any third party in connection with the App, you understand and agree that we are under no obligation to become involved. In such instances, you hereby release us from any and all claims, demands and damages of every kind or nature arising out of, relating to or in any way connected with such dispute.
10. Copyright Infringement
(a) We may remove or disable, in our sole discretion, access to material on the App hosted on our systems that may be infringing third parties rights (including, without limitation, copyright of others).
(b) You may notify that copyrighted material has allegedly been infringed and include in your notice details such as: a description of the copyrighted work that you claim has been infringed upon; a description of where the material that you claim is infringing is located on the App, including a screenshot containing the infringing material (if applicable); your address, telephone number and e-mail address; a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law signature of the person authorized to act on behalf of the owner of the copyright interest; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and any additional information as shall be required by us.
11. Miscellaneous
(a) No waiver by either of us of any breach or default under these Terms and Conditions shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in these Terms and Conditions are for convenience only and shall not be given any legal import.
(b) Except where specifically stated otherwise, if any part of these Terms and Conditions are deemed unlawful or unenforceable for any reason, it is agreed that part of these Terms and Conditions shall be stricken and that the remaining terms in these Terms and Conditions shall not be affected and shall remain in force and effect.
(c) You may not assign these Terms and Conditions or any of your rights or obligations hereunder, in whole or in part, without our prior written consent.
(d) These Terms and Conditions constitute the entire agreement and supersede all previous written or oral agreements between you and us in connection with the App.