AlpacaScan Terms Of Use

Welcome to AlpacaScan (“Scan”), a website and online/mobile service provided to you by AlpacaDB, Inc. (“Alpaca”, “we”, or “us”). Scan is a service that provides information about stock patterns for educational and entertainment purposes only (the “Services”) and is provided to you conditioned on your acceptance of the terms, conditions and disclosures contained herein these Terms of Use (“Terms of Use”). We reserve the right to change or update these Terms of Use at any time by posting new Terms of Use on the Alpaca website or sub-site. A hyperlink to the current Terms of Use will be posted on the bottom of our website pages and mobile services. Your continued use of Scan following the posting of changes to these Terms of Use will constitute your acceptance of those changes.

If there is any conflict between these Terms of Use and any other Alpaca terms or disclosures, then the provision(s) in these Terms of Use will take precedence with respect to your use of Scan, but solely to the extent of such conflict.

1. License to Use the Services

Subject to the terms and conditions of these Terms of Use, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Services as permitted by the features of the Services. Alpaca reserves all rights not expressly granted herein in the Services. Alpaca may terminate this license at any time for any reason or no reason.

You understand and agree that regardless of any terminology used, your use of the Services in any way represents a limited license right governed solely by the terms of these Terms of Use and available for distribution at Alpaca’s sole discretion.

We may, without prior notice, change the Services, or stop providing the Services or features of the Services, to you or to Users generally. You agree that Alpaca has the absolute right to use, manage, regulate, control, modify and/or eliminate the Services or any functionality and data contained therein as it sees fit in its sole discretion, in any general or specific case, and that Alpaca will have no liability to you based on its exercise of such right.

2. Prohibited Activities

You acknowledge and agree that you will not:

  • copy, distribute, or disclose any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
  • use any automated system, including without limitation “robots”, “spiders”, “offline readers”, etc., to access the Services in a manner that sends more request messages to the Alpaca servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Alpaca grants the operators of public search engines revocable permission to use spiders to copy publically available materials from our websites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
  • remove, decompile, disassemble or reverse engineer any software included in the Services or use any network monitoring or discovery software to determine Scan’s website architecture;
  • transmit spam, chain letters, or other unsolicited correspondences, including email;
  • attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services;
  • take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  • upload invalid data, viruses, worms, or other software agents through the Services;
  • use the Services for any commercial solicitation purposes;
  • interfere with the proper working of the Services;
  • use Alpaca web sites and/or Services for any purpose that is unlawful or prohibited by these Terms of Use; or
  • access any content on the Services through any technology or means other than those provided or authorized by the Services.

3. Our Proprietary Rights

The Services and all materials therein or transmitted thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs and content (the “Scan Content”), and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of Alpaca and its licensors. Except as explicitly provided herein, nothing in these Terms of Use shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Scan Content, or remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services, including any Scan Content or other content made available through the website or the Services. Use of the Scan Content for any purpose not expressly permitted by these Terms of Use is strictly prohibited.

For the purposes of these Terms of Use, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction throughout the world.

You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Alpaca under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Alpaca does not waive any rights to use similar or related ideas previously known to Alpaca, or developed by its employees, or obtained from sources other than you.

4. Privacy

We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy as applicable, located at http://www.alpaca.ai/privacy-policy/ , and to have your personally identifiable information collected, used, transferred to and processed in the United States.

5. Third-Party Links and Information

The Services may contain links to third-party materials that are not owned or controlled by Alpaca. Alpaca does not endorse, recommend or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Services, you do so at your own risk, and you understand that these Terms of Use and Alpaca’s Privacy Policy do not apply to your use of such sites. You expressly relieve Alpaca from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Alpaca shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

6. Investment and Professional Advice Disclaimer

Scan is a service that provides you with information regarding price history of investment products for educational and entertainment purposes only and we provide no investment, financial, regulatory, tax or legal advice. The Services are not investment advice and any observations concerning any security, investment strategy or trading instructions provided in the Services are not a recommendation to buy, sell or hold such investment or security or to make any other investment decisions. We offer no advice regarding the nature, potential value, risk or suitability of any particular investment strategy, transaction, security or investment.

If investment, trading or other professional advice is required, the services of a competent, licensed professional should be sought. No employee, agent or representative of Alpaca is authorized to provide any such advice of any nature, and any such advice, if given, is in violation of Alpaca’s policies, is unauthorized and may not be relied upon.

Any use of the Services and any decisions made in reliance on the Services, including any trading or investment decisions or strategies, are made at your own risk. The use and interpretation of the Services require skill and judgment, and you must at all times exercise your own judgment in the use of the Services. You understand that past performance is not a guarantee of future results.

7. Disclaimer of Warranty

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALPACA OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, ALPACA, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE OR PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES. ALPACA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND ALPACA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS OF USE WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALPACA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL ALPACA BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALPACA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (G) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL ALPACA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $100.00.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ALPACA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS OF USE WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Alpaca makes no representations that the Services are appropriate or available for use in locations outside the United States. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

9. General

A. Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Alpaca without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

B. Notification Procedures and Changes to Terms of Use. Alpaca may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Alpaca in our sole discretion. Alpaca reserves the right to determine the form and means of providing notifications to our Users. Alpaca is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Alpaca may, in its sole discretion, modify or update these Terms of Use from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the “last modified” date at the bottom of this page. Your continued use of the Services after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Services.

C. Entire Agreement/Severability. These Terms of Use, together with any amendments and/or addendums you may enter into with Alpaca in connection with the Services shall constitute the entire agreement between you and Alpaca concerning the Services. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

D. No Waiver. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Alpaca’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

E. Contact. Please contact us at info@alpacadb.com with any questions regarding these Terms of Use.

These Terms of Use were last modified on October 24, 2016.