Terms of Use

Agreement to Terms of Use

 

Please read these Terms and Conditions of Use (“Terms and Conditions”) carefully. Alignium LLC, owns and operates this website (“Site”). By registering for, logging into, visiting and/or otherwise using the Site in any way, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract, and you accept the terms of use as set forth herein and agree to be legally bound by them. If you do not agree to these Terms and Conditions, please do not access this website or any pages thereof.

 

 

Alignium LLC maintains this web site to provide you with information, and for education and communication. You may download material displayed on this site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost, or use the contents of this site for public or commercial purposes, including the text, images, audio, and video without the permission of Alignium.

 

You should assume that everything you see or read on this site is copyrighted unless otherwise noted. Alignium neither warrants nor represents that your use of materials displayed on this site will not infringe rights of third parties not owned by or affiliated with Alignium.

 

Any communication or material you transmit to this site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as non-proprietary and may be used by Alignium for any purpose.

 

 

Reservation of Rights

 

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Your continued use of the Site following reasonable notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions. You agree that notice of changes to these Terms and Conditions posted on the Site constitutes reasonable and sufficient notice. At all times, you are bound by the then-current version of the Terms and Conditions and of all applicable laws.

 

 

Use of Content

 

The Content (as defined below) of this Site is available for informational purposes only. The posting of Content and access to this Site does not constitute, either explicitly or implicitly, any provision of services or products by Alignium LLC, or any of its affiliates. Copyright and Trademarks This Site (including the software and files), the computers hosting this Site, and content provided on this Site, including any text, images, graphs, analyses, studies, reports, and downloads (all such content collectively, the “Content”) are the exclusive property of Alignium, LLC and are protected by law, including United States copyright, database, trade secret, and trademark law, as well as other state, national, and international laws and regulations.

 

 

No Reliance

 

Although Alignium, LLC has taken reasonable care to ensure that the information contained within this Site is accurate, no representation or warranty (including liability towards third parties), expressed or implied, is made as to its accuracy, reliability or completeness by Alignium, LLC. Opinions and any other contents at the Site are provided by Alignium, LLC for informational purposes only and are subject to change without notice. Nothing contained on this Site constitutes investment, legal, tax or other advice and is not to be relied on in making an investment or other decision. We make no guarantees, representations, or warranties that the Site or information available through the Site, or that the use of or result of the use of the Site, will be accurate, reliable, complete, current, uninterrupted, or without errors.

 

Any documents, pictures, or other information available on the Site are for informational purposes only, and may not represent the current condition of a property or the condition of the property at the time of access.UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR SUBSIDIARIES, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICES, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.

 

 

Events Beyond Alignium, LLC's Control

 

You expressly absolve and release Alignium LLC, its affiliates, related companies, and all of their respective officers, directors, employees, shareholders, legal representatives, attorneys, agents, successors and assigns, from any claim of harm resulting from a cause beyond its control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or software failures, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, acts of domestic or foreign terrorism or governmental restrictions.

 

 

User Representations

You represent and warrant to Alignium LLC that you will not use this Site for any purpose that is unlawful or prohibited by these Terms and Conditions, including but not limited to attempting or actually (a) disrupting, impairing or otherwise interfering with the operation or integrity of the Site or circumventing any Site security system; (b) collecting any information about other users of the Site; or (c) systematically extracting Content or other information or data contained in the Site to populate databases or other sites. Information Submitted By You You should not submit any confidential or proprietary information.

 

This Terms of Use Agreement (this “Agreement”) describes your rights and responsibilities and states the terms and conditions under which you may use this Site. Please read this document carefully. The term “you” as used herein refers to all individuals and/or entities accessing the Site for any reason, including clients of Alignium. By continuing to use the Site, you are indicating your acceptance to be bound by the terms and conditions of this Agreement between you and Alignium. The Site may only be utilized by you, if you are able to form a legally binding contract under Illinois law.

 

It is your responsibility to review this Agreement periodically. Alignium reserves the right to modify this Agreement from time to time without notice and in its sole discretion at any time by updating this web page, and your continued use of the Site after any modifications by Alignium shall constitute your acceptance of such modifications.

 

 

Scope of Use and Disclaimer of Warranties

 

The information, data and other content (the “Information”) provided on the Site is provided by Alignium and third-party information providers (“Information Providers”) for general informational purposes only. The Information Providers include, but are not limited to, the following sources: investment managers, custodian banks, client staff, investment consultants, actuaries, plan administrators/record-keepers, index providers, as well as other third-party sources as directed by the client or as Alignium believes necessary or appropriate. Alignium makes no warranties and disclaims responsibility for the accuracy or completeness of information or data provided or methodologies employed by any external source. Alignium has taken reasonable care to ensure the accuracy of the information or data but disclaims responsibility for the accuracy of information or data received from outside sources. This document is provided for the client’s internal use only and does not constitute a recommendation by Alignium or an offer of, or a solicitation for, any particular security and it is not intended to convey any guarantees as to the future performance of the investment products, asset classes, or capital markets.

 

Alignium grants you a non-exclusive, non-transferable and limited personal license to access and use the Site, conditioned on your continued compliance with this Agreement. Alignium reserves the right to modify the Site from time to time without notice and in its sole discretion at any time. You agree to use the Site and the Information provided thereon only for your own personal use, and not to the Information available on the Site for any unlawful purpose.

 

You are prohibited from using the Site to advertise or to perform any commercial solicitation. You agree to access the Information available on the Site manually and are prohibited from using any robot, spider, scraper, “bot,” or any other automated means to access the Site for any purpose without the prior written consent of Alignium. You may not take any action that imposes, or may impose (as determined by Alignium in its sole discretion), an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Site or any activities of the Site, or bypass any measures that Alignium may use to prevent or restrict access to the Site. Any rights not expressly granted herein are reserved.

 

 

Copyright and Intellectual Property Right Ownership

 

The Site, and all Information therein, contains material owned by either Alignium or its Information Providers which may be protected under copyright, trademark and other intellectual property laws. Alignium and its Information Providers, as applicable, own the copyright to all Information and works of authorship on the Site.

 

You may not link other websites to the Site without Alignium’s prior written consent. You may not allow others to use your user name or password to access or to use any part of the Site. If your password has been compromised for any reason, you should contact Alignium immediately for a new password. Aside from Information related to your underlying portfolio investments (which belongs to you), you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products, or services obtained from this Site.

 

Aside from Information related to your underlying portfolio investments, all information on this Site is confidential and private, and you may not disclose or distribute such information to any other person for any purpose and is made available solely for your personal use in connection with your investment activities.

 

All trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of Alignium or its Information Providers, as applicable. In particular, you may not use Alignium’s name or logos without Alignium’s prior written consent. You agree that, other than the right to access the Site and view the Information contained on the Site under the terms and conditions set forth herein, you acquire no ownership, title, right or interest of any kind in or to the Site or any portion of any Information on the Site, and that all title, right and interest therein and thereto remains with Alignium (and its Information Providers, as may be applicable).

 

 

No Securities Offering or Investment Advice

 

No Information on the Site is intended (i) as investment, tax, accounting or legal advice, (ii) as an offer, recommendation or solicitation of an offer to sell or buy any security or any other financial instrument or to participate in any trading strategy, or (iii) as an endorsement, recommendation or sponsorship of any security or other financial instrument. No information on this Site should be relied upon in place of direct communication with Alignium representatives. Everything on the Site is provided “as is” without any representations or warranties of any kind (whether express or implied). To the fullest extent permissible under applicable law, Alignium and its respective members, officers, directors, employees, Information Providers, suppliers, and agents (collectively, the "Alignium Parties") hereby disclaim all representations and warranties, express, implied or statutory, including, without limitation, all implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and all representations and warranties (1) relating to the adequacy, timeliness, accuracy or completeness of any Information on the Site, (2) that your use of the Site will be uninterrupted, error-free, or secure, (3) that defects will be corrected, or (4) that the Site or the servers on which the Site is hosted are free of viruses or other harmful components. You assume total responsibility and risk for your use of, or reliance on, the Site and any Information provided on the Site. Information contained on the Site is subject to change at any time without notice.

 

The fact that Alignium has made the data and services provided on this Site available to you constitutes neither a recommendation that you enter into a particular transaction nor a representation that any product described on this Site is suitable or appropriate for you. Many of the products described on this Site involve significant risks, and you should not enter into any transactions unless you have fully understood all such risks and has independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned. You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult your business advisor, legal, tax and accounting advisors concerning any contemplated transactions.

 

 

Links to Other Websites

 

The Site may contain links to third-party internet websites or resources. These links are provided solely as a convenience to you and not an endorsement by Alignium of the contents of such third-party websites. Alignium neither controls nor endorses any such other websites, nor has it reviewed or approved any content that appears on such other websites. You acknowledge and agree that Alignium shall not be held responsible for the legality, timeliness, accuracy, completeness or appropriate nature of any information, data or other content, advertising, products, or services located on or through any other third-party websites, nor for any loss or damages caused or alleged to have been caused by your use of, inability to use, or reliance on, any such content, information or data. If you decide to access a linked website, you do so at your own risk.

 

 

Termination

 

This Agreement, as amended by Alignium from time to time in accordance with its terms, shall remain effective indefinitely until terminated by Alignium. Alignium shall have the right to terminate this Agreement, and/or your access to and use of the Site, at any time in its sole discretion and without the requirement of written notification.

 

 

Miscellaneous

 

This Agreement shall be governed by and construed in accordance with the laws of Delaware. Jurisdiction for any claims arising under this Agreement shall lie exclusively with Delaware courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement shall not be assignable or transferable by you except with Alignium’s prior written consent. No waiver by Alignium of any breach, default or condition hereunder shall be deemed to be a waiver of any other preceding or subsequent breach, default or condition. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. This Agreement, together with all Alignium policies referred to herein, constitutes the entire agreement between you and Alignium relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral agreements.

 

Revised: May 2018