Website Terms of Use

 

Last updated: November 1st, 2020

 

These Terms of Use are entered into by and between you, the user, (“You”) and AlphaCrest Capital Management LLC (“AlphaCrest,” ”We,” or “Us”) and govern your use of www.alphacrestcapital.com (the “Website”). By using the Website, you agree to these Terms of Use.

 

The Website is offered and available to persons residing in the United States and the European Union. We make no claims that the Website or any of its content or services of AlphaCrest are accessible or appropriate outside of these jurisdictions. Dissemination of product information or other content on the Website may be subject to different medical requirements or regulations in other jurisdictions. If you reside or are located outside the United States or EU, you are responsible for compliance with local laws. By using the Website, you represent and warrant that you reside in the United States or EU and are of legal age to form a binding contract with AlphaCrest.

 

No Offer/Local Restrictions

 

Nothing contained in or on the Website is intended to, nor will, constitute an offer (or an invitation to make an offer) to buy, sell or otherwise transact in any investment fund and/or strategy referred to on the Website or any other security, commodity, investment or financial instrument, or to provide any investment services or advice in any jurisdiction. The strategies discussed on the Website are strictly for illustrative and educational purposes. There is no guarantee that any strategies discussed will be effective.

 

AlphaCrest may offer a number of products and services designed specifically for various categories of investors in various countries and regions. Not all products will be available to all investors. These products or services are only offered to such investors, in those countries and regions, in accordance with applicable laws and regulations. The information on the Website is directed only at persons or entities in the jurisdiction(s) where access to such information and use of such information is not contrary to any applicable law or regulation. You are responsible for informing yourself of and complying with any such restrictions.

 

Changes to the Terms of Use

 

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 Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

 

Prohibited Uses

 

You may use the Website only for lawful purposes and in accordance with these Terms of Use.

 

You agree not to use the Website:

 

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).

 

  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

 

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm AlphaCrest or users of the Website or expose them to liability.

 

Additionally, you agree not to:

 

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website.

 

  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

 

  • Use any device, software or routine that interferes with the proper working of the Website.

 

  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

 

  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

 

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

 

  • Otherwise attempt to interfere with the proper working of the Website.

 

Intellectual Property Rights

 

The Website and all content, features, and functionality thereon, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by AlphaCrest, its affiliated entities, 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 use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

 

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

 

  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

 

  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

 

You must not:

 

  • Modify copies of any materials from the Website.

 

  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.

 

No right, title or interest in or to the content of the Website is transferred to you, and all rights not expressly granted are reserved by AlphaCrest. Any use of the Website not expressly permitted by this Agreement is a breach hereof and may violate copyright, trademark and other laws.

 

Trademarks

 

AlphaCrest Capital Management LLC and the terms ALPHACREST, the AC logo, and all related names, logos, product and service names, designs, and slogans on the Website are registered and unregistered trademarks and trade names of AlphaCrest or its affiliated entities or licensors. You must not use such marks without the prior written permission of AlphaCrest. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

 

Information, News and Press Releases

 

The Website may contain information, news and/or press releases about AlphaCrest. While this information was believed to be accurate as of the date it was prepared, AlphaCrest disclaims any duty or obligation to update this information, news or any press releases. Information about companies other than AlphaCrest contained in the news, press releases or otherwise should not be relied upon as being provided or endorsed by AlphaCrest.

 

User Submissions Non-Confidential Communication

 

Certain areas of this Website enable you to submit e-mails, or otherwise provide feedback or information to AlphaCrest. Please note that any personal or contact information that you may provide to us through such means will be governed by our Privacy Policy. Although we encourage visitors to contact us through our Website, please do not submit any information that you consider to be confidential or proprietary via such means.

 

You agree that by submitting content:

 

 

  • you will only submit content that complies with applicable law, and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate, or that contains any viruses or other software that may adversely affect the operation of another's computer;

 

  • you understand and agree that such content that is submitted to a feedback page, will be deemed non-confidential; and

 

  • you grant to AlphaCrest the irrevocable right to use, copy, modify, publish, perform, transmit and display such content via any media in accordance with this User Agreement, and waive any moral rights you may have in such content. Subject to all applicable federal laws, AlphaCrest shall be free to use such content, including any ideas, concepts, know-how, or AlphaCrest contained in such content, for any reason whatsoever.

 

Linking Policy and Third Party Links

 

Unless otherwise set forth in a written agreement between you and AlphaCrest, you must adhere to AlphaCrest’s linking policy as follows: (i) any link to an AlphaCrest website must be a text only link clearly marked “ AlphaCrest WEBSITE”; (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with AlphaCrest’s names and trademarks; (iii) the link must “point” to the root domain name of the AlphaCrest Website and not to other pages within the Website; (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with AlphaCrest; (v) when selected by a user, the link must display the Website on full-screen and not within a “frame” on the linking website; and (vi) AlphaCrest reserves the right to revoke its consent to the link at any time and in its sole discretion.

 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

 

If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Disclaimer of Warranties, Limitation of Liability and Indemnification

 

Disclaimer of Warranties. We take reasonable steps to provide secure, timely, accurate and complete information on the Website. However, it is possible that information contained or made available on the Website may be incorrect or not current. Further, the Internet has inherent risks and we cannot guarantee that your access to and use of the Website will be uninterrupted or error free or that the Website, or sites to which it may link, will be free from loss, corruption, attack, interference, hacking or other security intrusion. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti -virus protection and accuracy of data input and output, and for maintaining a means external to our sites for any reconstruction of any lost data.

 

If you notice any errors or omissions in the information contained on the Website or other concerns, please report them to us for investigation.

 

ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. ALPHACREST MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK. ALPHACREST MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES.

 

YOU FURTHER ACKNOWLEDGE THAT NOTHING CONTAINED ON THIS WEBSITE CONSTITUTES BUSINESS, FINANCIAL, INVESTMENT, TRADING, REGULATORY, ACCOUNTING, LEGAL, TAX OR OTHER ADVICE, NOR IS IT TO BE RELIED UPON IN MAKING ANY INVESTMENT OR OTHER DECISIONS. YOU SHOULD SEEK PROFESSIONAL ADVICE PRIOR TO MAKING ANY INVESTMENT DECISIONS.

 

Limitation of Liability. ALPHACREST AND ANY AND ALL OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “ALPHACREST PARTIES”) SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY CONTENT PROVIDED ON THE WEBSITE INCLUDING, BUT NOT LIMITED TO, DAMAGES CAUSED BY YOUR RELIANCE ON THE ACCURACY, COMPLETENESS OR TIMELINESS OF INFORMATION PROVIDED ON THE WEBSITE OR YOUR PROVISION OF INFORMATION TO THE WEBSITE, EXCEPT THAT THE FOREGOING SHALL NOT PRECLUDE RECOVERY OF DAMAGES FOR PERSONAL INJURY, LOSS OR DAMAGE TO PERSONAL PROPERTY, OR UNAUTHORIZED USE OR DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION CAUSED BY THE ALPHACREST PARTIES’ NEGLIGENCE, GROSS NEGLIGENCE, RECKLESSNESS, FRAUD OR OTHER WILFUL, UNCONSCIONABLE OR INTENTIONAL MISCONDUCT. NOTHING HEREIN SHALL BE CONSTRUED TO LIMIT THE CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER TO RECOVER ATTORNEYS’ FEES OR OTHER REMEDIES AFFORDED BY STATUTE OR OTHER LAW.

 

Indemnification. You agree to defend, indemnify and hold harmless the AlphaCrest Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website content other than as expressly authorized in these Terms of Use, your violation of the rights of a third party, or any negligent acts, fraud, omissions or intentional wrongdoing by you.

 

The foregoing Disclaimer of Warranties, Limitation of Liability and Indemnification provisions shall apply to the fullest extent permitted by law.

 

Governing Law

 

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with United States Federal law, where applicable, and the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would require the application of a different state’s law.

 

Waiver and Severability

 

No waiver by AlphaCrest of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of AlphaCrest to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Forward Looking Statements

 

Certain information on the Website may contain forward-looking statements, which reflect AlphaCrest’s views with respect to, among other things, our operations and financial performance. Such forward-looking statements are subject to various risks and uncertainties and speak only as of the date on which they are made. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. You can identify these forward-looking statements by the use of words such as “outlook,” “indicator,” “believe,” “expect,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “anticipate,” “optimistic,” “intend,” “plan,” “estimate,” “aim,” “will” or the negative version of these words or similar expressions. We undertake no obligation to update publicly or revise any information on the Website, whether as a result of new information, future developments or otherwise. Opinions, projections and any other information in or on the Website are subject to change without notice.

 

Past Performance

 

Past performance is not indicative of future results; no representation is being made that any investment or strategy will or is likely to achieve results similar to those achieved in the past, or that significant losses will be avoided.

 

Accuracy of Information

 

The information in or on this Website is provided by AlphaCrest and certain third parties, and is for informational and educational purposes only. Such information has been obtained from, or is based on, sources believed by Us to be reliable, but is not guaranteed as to its accuracy or completeness. Such information is provided without obligation on the part of AlphaCrest and on the understanding that any person who acts upon it or changes his, her or its investment position in reliance on it does so entirely at his, her or its own risk. Such information is current only as at the date it is first posted in or on the Website and may no longer be true or complete when viewed by You. Additionally, such information may be changed or amended without prior notice, but We do not undertake any obligation to update the Website or any such information contained therein or thereon.

 

The information contained herein does not constitute an offer to sell or the solicitation of an offer to buy any security. Such offer, if made, will be made only by a private placement memorandum which will set forth the terms (including the risks and conflicts of interest) involved in such offering. Any information provided in or on the Website in respect of AlphaCrest funds is qualified in its entirety by the disclosures, terms, risks and other information set forth in the offering materials, including the private placement memoranda, of such funds.

 

Risk of Loss

 

AN INVESTMENT IN ANY OF THE FUNDS AND/OR STRATEGIES DESCRIBED ON THE WEBSITE CARRIES SUBSTANTIAL RISK, INCLUDING THE RISK OF LOSS OF YOUR ENTIRE INVESTMENT. There is no guarantee that the investment objectives of any fund and/or strategy will be achieved and returns may vary significantly over time.

 

No Advice

 

The information in or on this Website does not constitute a personal or professional recommendations or investment advice or create a business or professional services relationship with You. Unless separately and expressly agreed, we neither provide investment advice to, nor receive and transmit orders from, nor carry on any other investment services and activities (as defined in the European Union’s Markets in Financial Instruments Directive 2004/39/EC [MiFID]) for You or any Website users.

 

AlphaCrest does not advise on the tax consequences of any investment.