(Applicable to Users in the United States of America)
Last Updated: [June 13], 2016
SAALT – Strategic Asset Allocation over the Long Term UG (haftungsbeschränkt), a private company existing under the laws of Germany (“SAALT,” “we,” “us” or “our”), owns and operates the website located at www.saalt.net (the “Site”) and the financial plan modeling resources available on the Site (collectively, the “SAALT Platform”). The SAALT Platform and/or other services, features, content, or applications that may be offered from time to time by SAALT through the Site (excluding those provided by third party providers) are collectively referred to as the “Services”.
THE SITE, THE SERVICES, AND ANY OTHER INFORMATION TRANSMITTED TO USERS OF THE SITE ARE NOT TO BE CONSTRUED AS INVESTMENT ADVICE.
THE SERVICES ARE BEING PROVIDED FREE OF CHARGE AS PART OF AN APPLIED RESEARCH PROJECT TO ADVANCE THE DEVELOPMENT OF FINANCIAL SOFTWARE AND THE DESIGN OF A FREE FINANCIAL LITERACY PLATFORM. AS SUCH, ANY REPORTS, STRATEGIC OR FINANCIAL RECOMMENDATIONS, ECONOMIC AND FINANCIAL MODELS, ASSET ALLOCATION AND RISK ASSESSMENT TOOLS, AND OTHER SERVICES PROVIDED BY THE SITE ARE FOR TESTING PURPOSES ONLY AND MAY NOT BE RELIED UPON. PLEASE SEE SECTIONS 11 AND 12 BELOW FOR IMPORTANT NOTICES, DISCLAIMERS, EXCLUSIONS OF WARRANTIES, AND LIMITATIONS ON LIABILITY.
SAALT’s owners and operators may modify the TOU or add or remove terms at any time, and each such modification, addition or deletion will be effective immediately upon posting on the Site. You will be notified of any changes via a posting on the Site. Your use of the Site or the Services following any such posted notice and/or other indication of your acceptance constitutes your agreement to be bound by the TOU as so modified. It is therefore important that you review the TOU regularly. If you do not agree to be bound by all of the terms of the modified TOU, you are not authorized to access the Site and/or use the Services, and you must immediately discontinue use or access thereof.
As used in this TOU, the terms “you” and “your” mean each individual or entity that accesses, browses or uses the Services in any manner. If you are accessing the Site and/or using the Services on behalf of a non-natural entity, you represent and warrant to SAALT that you personally satisfy the Eligibility criteria in Paragraph 2 below and you have the authority to bind such entity to the TOU. Your agreement to these terms will be treated as the agreement of the entity you represent.
You may only use the Site and the Services if you are at least 18 years of age. You may not use the Site or the Services if you are under 18 years of age. SAALT reserves the right to require you to provide proof of your age. Your access to and use of the Site and the Services may be terminated without warning if it is determined that you do not meet the foregoing eligibility requirements.
In addition to the eligibility requirements in the TOU, your use of certain Services may be subject to eligibility requirements set forth in the Additional Terms, as described in below in the “Additional Terms” section.
3. PROHIBITED CONTENT/CONDUCT
As a condition of your access to the Site and use of the Services, you are prohibited from (i) posting, uploading, exhibiting, communicating or distributing content (if and when such functionality becomes available on the Site) which violates any applicable laws, rules or regulations or which SAALT, in its sole and absolute discretion, deems to be inappropriate, and (ii) engaging in conduct which violates any applicable laws, rules or regulations or which SAALT, in its sole and absolute discretion, deems to be inappropriate. Examples of such prohibited content and prohibited conduct include, without limitation, the following user conduct:
- Posting, uploading or transmitting any information or content that violates any privacy right, publicity right, patent, trademark, trade secret, copyright or other proprietary right, or contract right or other right of any person or entity;
- Copying, reproducing, modifying (including, without limitation, altering, obscuring, deleting, etc. any copyright or other legally required notices, credits, logos, trademarks, etc.), creating derivative works from, or distributing in any manner or medium any content posted on the Site or through the Services in any manner which is in violation of the terms of the TOU or Additional Terms (described below);
- Impersonating any person or entity, or submitting any materials to the Site or through the Services that are false, inaccurate, deceptive, misleading, unlawful, or are otherwise in violation of the TOU, including, without limitation, utilizing misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of any content transmitted to the Site or through the Services;
- Except as explicitly permitted by the TOU and Additional Terms, or otherwise pre-approved in writing by an authorized representative of SAALT, engaging in any commercial activity on the Site or including any links to commercial services or websites or uploading, posting or otherwise transmitting any content that contains advertising or any solicitation regarding products, goods or services;
- Interfering with any user’s right to privacy; soliciting or collecting user names, passwords, emails, personal identifying information or other information from any user; engaging in conduct that poses or creates a privacy or security risk to any person; or posting private information about a third party;
- Engaging in conduct that involves the posting, uploading or transmission of unsolicited or unauthorized advertising or promotional materials, “junk mail,” “chain letters,” unsolicited mass mailing, “spimming,” or “spamming”;
- Engaging in any action or inaction that could disable, overload, impair the infrastructure of the Site or impair the proper functioning of the Site and/or the Services, including, without limitation, uploading, posting or otherwise transmitting any software or materials which contain a virus or other harmful or disruptive component; circumventing, altering or interfering with any computer software, or security-related features of the Site or the Services; or deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way utilized in connection with the Site or the Services;
- Accessing or attempting to access the Site or the Services using automated means (such as harvesting bots, robots, spiders, or scrapers) or gaining, or attempting to gain, unauthorized access to any servers, computer systems or databases utilized in connection with the Site or the Services;
- Using the communication systems provided by the Site, if any, for any solicitation or other commercial purposes, unless otherwise approved by an authorized representative of SAALT, or SAALT’s authorized representative and the specific user, as applicable;
- Uploading, posting or transmitting any content or information that advocates or provides instruction on illegal activity or communicating on or through the Site regarding illegal activities with the intent to commit them;
- Engaging in any conduct that in the sole discretion of SAALT restricts or inhibits any other user from enjoying the use of the Site or any of the Services.
4. PROPRIETARY PROPERTY
4.1 SAALT Proprietary Property.
The Site, the SAALT Platform and the other Services are and contain proprietary property/content of SAALT (such as logos, copyrights, trademarks, technology, processes, etc.) (each, “SAALT Proprietary Property”), which may be protected by copyright, trademark, patent, trade secret and other laws. SAALT owns and retains all rights in and to the SAALT Proprietary Property. “SAALT” and the SAALT logo are trademarks of SAALT. SAALT hereby grants you a limited, revocable, non-sublicensable license to display and/or utilize (but not re-transmit) the SAALT Proprietary Property solely for your personal use in connection with using the Site and the Services as permitted by the TOU. Except as explicitly permitted in the TOU or any Additional Terms, you do not have the right to use the SAALT Proprietary Property for any commercial use or to receive any monetary or other compensation in connection with the SAALT Proprietary Property. Except as expressly provided by the TOU, your use of the SAALT Proprietary Property is strictly prohibited.
4.2 Third Party Proprietary Property.
The Services may contain proprietary property/content provided by third party licensors to SAALT, such as logos, copyrights, trademarks, etc. (as the case may be, “Third Party Proprietary Property”). SAALT hereby grants you a limited, revocable, non-sublicensable sublicense to display and/or utilize (but not re-transmit) the Third Party Proprietary Property solely for your personal use in connection with using the Site and the Services as permitted by the TOU. You do not have the right to use the Third Party Proprietary Property for any commercial use or to receive any monetary or other compensation in connection with the Third Party Proprietary Property. Except as expressly provided by the TOU, your use of the Third Party Proprietary Property is strictly prohibited.
4.3 Use of Proprietary Property.
Unless expressly provided by the TOU or the Additional Terms, you may not copy, modify, edit, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any SAALT Proprietary Property, any Third Party Proprietary Property or any other content appearing on or through the Site or Services. You acknowledge that SAALT makes no representation or warranty regarding the reliability, accuracy, usefulness, safety, legitimacy or quality of any content produced or transmitted by SAALT through the Site or the Services, and is not responsible for and does not control any content generated or posted by users of the Site or Services or by third party service providers. SAALT does not endorse any content on the Site or any statement, opinion, suggestion or advice contained therein, and SAALT expressly disclaims any and all liability in connection therewith. You further understand and agree that in the course of your use of the Site and the Services, you may be exposed to content on the Site that is illegal, inaccurate, offensive, indecent or objectionable and you hereby waive and release any legal or equitable claims, rights or remedies you have or may have against SAALT with respect thereto.
5.PROTECTING INTELLECTUAL PROPERTY; DIGITAL MILLENNIUM COPYRIGHT ACT
To the extent that users are able to upload or otherwise transmit user-generated content on or through the Site or the Services, SAALT specifically prohibits users from uploading, embedding, posting, emailing, transmitting or otherwise making available on or through the Site or the Services any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is SAALT’s policy to terminate, under appropriate circumstances, the account of users who are determined to be repeat infringers.
5.2 DMCA Notification.
If you are a copyright owner or an agent thereof and believe that any content made available via the Site infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing SAALT’s copyright agent (“Copyright Agent”) with the following information in writing: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit representatives of SAALT to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. The contact information for the Copyright Agent to receive notifications of claimed infringement is: Copyright Agent at firstname.lastname@example.org
If you feel that any of your content was improperly removed or made unavailable to other users, please contact SAALT’s Copyright Agent via the contact information set forth above.
6. LINKS TO THIRD PARTY SITES
The Site and Services may contain links to independent third-party websites and/or services (collectively, “Linked Sites”). The Linked Sites are not under SAALT’s control, and SAALT does not endorse, is not responsible for and shall have no liability to you with respect to the business practices, privacy policies or content, materials, information, merchandise, products or services displayed, featured, mentioned, advertised, distributed or sold on or through such Linked Sites. By accessing a Linked Site, you may be disclosing your private information and be exposing yourself to content that you find disturbing. It is your responsibility to read and understand the privacy, membership, payment and other policies of the Linked Sites and to determine on your own whether or not you will have any interaction with any of the Linked Sites. SAALT encourages you not to provide any personally identifiable information to any Linked Site unless you know and are comfortable with the party with whom you are interacting. You agree that SAALT is not responsible for and shall have no liability to you, with respect to merchandise, products, and/or services advertised, featured, mentioned, sold, distributed, displayed or linked on or through the Site or the Services.
7. USER SUBMISSIONS
All information disclosed or offered by you through the Site and the Services or in response to solicitations made through the Site or the Services (collectively, “User Submissions”) is entirely voluntary. You hereby grant a worldwide, non-exclusive, royalty-free and fully paid license to SAALT, in perpetuity, in and to such User Submissions, and SAALT shall be entitled to unrestricted use of the User Submissions for purpose of providing the Site and/or Services. You hereby waive any and all of your rights of droit moral and similar rights with respect to any such User Submissions.
9. ELECTRONIC COMMUNICATIONS
By using the Site and/or the Services, you consent to receiving electronic communications from SAALT. These electronic communications may include, without limitation, information about SAALT’s Services and features of the Site, transactional information and other information concerning or related to the Site and/or Services. These electronic communications are part of your relationship with SAALT. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
By registering for an account with SAALT, you become a “Member” with access to certain password-restricted areas of the Site and certain Services and Materials offered on and through the Site (a “Membership”). Each Membership and the rights and privileges provided to a Member is personal and non-transferable.
SAALT reserves the right to change the form, content, and terms of a Membership at any time, upon notice.
YOU MAY CANCEL YOUR MEMBERSHIP AT ANY TIME BY SENDING AN EMAIL TO CONTACT@SAALT.NET FOR ASSISTANCE. WE REQUIRE A REASONABLE AMOUNT OF TIME TO PROCESS YOUR MEMBERSHIP CANCELLATION REQUEST. IF YOU CANCEL YOUR MEMBERSHIP, YOU MUST STOP USING THE SITE AND THE SERVICES.
11. DISCLAIMERS; EXCLUSION OF WARRANTIES
AS FURTHER PROVIDED IN SECTION 12 OF THIS TOU, SAALT DISCLAIMS ANY LIABILITY WHATSOEVER, INCLUDING FOR ANY DAMAGES THAT MAY ARISE FROM YOUR USE OF OR RELIANCE ON ANY OF THE SITE AND/OR OF ANY INFORMATION OR SERVICES PROVIDED TO YOU THROUGH THE SITE. NO REPRESENTATION IS MADE THAT THE INFORMATION OR SERVICES PROVIDED BY THE SITE IS ACCURATE, FREE OF BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, AND ANY AND ALL LIABILITY THEREFOR IS HEREBY DISCLAIMED. SAALT DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, LEGITIMACY, SAFETY AND USEFULNESS OF THE INFORMATION ON THE SITE AND THE SERVICES OR USE OF ANY INFORMATION OR SERVICES ON THE SITE. YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR OWN RISK.
SAALT UTILIZES CERTAIN METHODS, THEORIES AND ACADEMIC MODELS BASED ON PUBLISHED ACADEMIC WORK, WHICH MAY BE ADJUSTED OR UPDATED FROM TIME TO TIME TO INCORPORATE ADDITIONAL OR OTHER METHODS, THEORIES AND/OR ACADEMIC MODELS. THESE METHODS, THEORIES AND/OR ACADEMIC MODELS ARE BASED ON ACADEMIC ASSESSMENTS OF THE MARKETS AND ECONOMIC CONDITIONS. THEY ARE NOT INFLUENCED OR INFORMED BY ANY INSTITUTIONAL OR PROFESSIONAL AFFILIATION AND DO NOT TAKE INTO ACCOUNT THE INDIVIDUAL FINANCIAL SITUATION OF ANY USER OF THE SITE.
AS STATED ABOVE, THE SERVICES OFFERED BY THE SITE ARE BASED ON ACADEMIC MODELING AND COMPUTER OPTIMIZATION. INFORMATIONAL OUTPUTS ARE DERIVED FROM ALGORITHMS THAT ARE NOT BASED ON INDIVIDUALIZED OR PERSONAL ASSESSMENTS OF A USER’S UNIQUE FINANCIAL SITUATION. FURTHER, ACADEMIC MODELS RELIED UPON BY SAALT CAN BE FLAWED EITHER IN DESIGN OR UTILIZATION OF DATA, OR IN THE ASSUMPTIONS USED, AND CAN BE CHANGED AT ANY TIME WITHOUT NOTICE TO THE USER. AS A RESULT, AT ANY GIVEN TIME, SAALT’S MODELS COULD FAIL TO PREDICT UNFORESEEN BUT SUBSTANTIAL MARKET CHANGES OR SHIFTS. CONSEQUENTLY, NEITHER SAALT NOR ANY OF ITS OPERATORS OR AFFILIATES MAKES ANY REPRESENTATION REGARDING THE ACCURACY, VALIDITY OR LEGITIMACY OF ANY INFORMATION OR SERVICES PROVIDED TO YOU THROUGH THE SITE. IF YOU ARE SEEKING WEALTH PLANNING AND FINANCIAL ADVICE TAILORED TO YOUR INDIVIDUAL FINANCIAL SITUATION AND LEVEL OF INVESTMENT SOPHISTICATION, YOU ARE STRONGLY ENCOURAGED TO SEEK FINANCIAL ADVICE FROM A LICENSED FINANCIAL PROFESSIONAL IN YOUR LOCAL JURISDICTION. BY USING THE SITE AND THE SERVICES, YOU AGREE THAT YOU WILL BEAR ANY AND ALL RISK OF RELIANCE ON THE INFORMATION AND SERVICES PROVIDED TO YOU ON THE SITE.
SAALT, AND ITS OWNERS, OPERATORS, AFFILIATES, REPRESENTATIVES, EMPLOYEES, CONSULTANTS AND CONTRIBUTORS (1) ARE NOT INVESTMENT ADVISERS, BROKER-DEALERS, FINANCIAL ANALYSTS, FINANCIAL PLANNERS, OR BANKS, (2) ARE NOT COMPENSATED FOR OPERATING OR MAINTAINING THE SITE OR THE SERVICES, (3) ARE NOT REGISTERED AS INVESTMENT ADVISERS, FINANCIAL PLANNERS, BROKER-DEALERS, OR IN ANY OTHER CAPACITY WITH ANY REGULATORY BODY IN ANY JURISDICTION (INCLUDING THE U.S. SECURITIES & EXCHANGE COMMISSION (THE “SEC”), THE U.S. FINANCIAL REGULATORY AUTHORITY (“FINRA”), OR THEIR EQUIVALENTS IN NON-U.S. JURISDICTIONS), (4) ARE NOT LICENSED IN ANY JURISDICTION TO TRADE IN OR RECOMMEND THE SALE OR PURCHASE OF SECURITIES, AND (5) ARE NOT LICENSED OR ABLE TO PROVIDE INVESTMENT ADVICE OR RESPOND TO INDIVIDUAL REQUESTS FOR RECOMMENDATIONS TO PURCHASE OR SELL ANY PARTICULAR SECURITY. NO REGULATORY BODY IN ANY JURISDICTION (INCLUDING THE SEC, FINRA, OR A REGULATORY BODY OF ANY STATE) HAS ENDORSED THE SITE OR THE ACCURACY, ADEQUACY, SAFETY, RELIABILITY, USEFULNESS, QUALITY OR LEGITIMACY OF ANY INFORMATION OR SERVICES PROVIDED TO YOU THROUGH THE SITE.
NONE OF THE SITE OR ANY INFORMATION OR SERVICES PROVIDED TO YOU THROUGH THE SITE, CONSTITUTES AN OFFER TO SELL OR THE SOLICITATION OF AN OFFER TO PURCHASE SECURITIES OR ANY OTHER FINANCIAL PRODUCTS IN ANY JURISDICTION. ANY INVESTMENT ACTIVITY IS SUBJECT TO RISK, INCLUDING THE RISK OF COMPLETE LOSS. NO REPRESENTATION IS MADE THAT YOU WILL OR ARE LIKELY TO ACHIEVE ANY PARTICULAR INVESTMENT RESULTS BY USING THE INFORMATION OR SERVICES PROVIDED BY THE SITE OR THAT YOU WILL MAKE ANY PROFIT OR WILL BE ABLE TO AVOID INCURRING SUBSTANTIAL LOSSES. PERFORMANCE VARIANCES MAY OCCUR DUE TO VARIOUS FACTORS, INCLUDING, BUT NOT LIMITED TO: TIMING OF INVESTMENT, MARKET CONDITIONS, POLITICAL AND METEOROLOGICAL EVENTS, CHANGES IN NATIONAL AND INTERNATIONAL ECONOMIC POLICY, CHANGES IN INTEREST RATES, AND THE ABILITY TO ACCURATELY ANTICIPATE FUTURE EVENTS AND HEDGE AGAINST RISK. INVESTMENT RETURNS CAN FLUCTUATE AND MAY BE VOLATILE, ESPECIALLY OVER SHORT TIME HORIZONS. NONE OF THE INFORMATION OR SERVICES PROVIDED TO YOU THROUGH THE SITE IS INTENDED TO OR WARRANTED TO ACCURATELY ASSESS OR PROTECT AGAINST SUCH VOLATILITY.
SAALT AND/OR ITS OWNERS, OPERATORS, AFFILIATES, REPRESENTATIVES, EMPLOYEES, CONSULTANTS AND CONTRIBUTORS MAY HOLD POSITIONS IN SECURITIES THAT ARE DESCRIBED ON THE SITE. THEY MAY, FROM TIME TO TIME, HOLD POSITIONS CONSISTENT OR INCONSISTENT WITH INFORMATION CONTAINED ON OR TRANSMITTED TO YOU THROUGH THE SITE, HAVE NO OBLIGATION TO NOTIFY YOU IN ANY WAY REGARDING SAID POSITIONS, AND SHALL HAVE NO LIABILITY TO YOU RELATING IN ANY WAY TO SAID POSITIONS. AN AFFILIATION OR RELATIONSHIP WITH SAALT, THE SITE OR THE SERVICES OR YOU SHALL IN NO WAY LIMIT THE POSITIONS THAT SAALT AND/OR ITS OWNERS, OPERATORS, AFFILIATES, REPRESENTATIVES, EMPLOYEES, CONSULTANTS AND CONTRIBUTORS MAY HOLD OR WHEN THEY MAY HOLD THEM.
ANY REPORTS, ANALYSES, FORECASTS, METRICS, SAMPLES, ESTIMATED FIGURES, TRENDS, CHARTS, TABLES, GRAPHS, AND PROJECTIONS PROVIDED TO YOU THROUGH THE SITE SHOULD NOT BE RELIED UPON AS A RECOMMENDATION TO BUY OR SELL ANY PARTICULAR SECURITY, WHEN TO BUY OR SELL ANY PARTICULAR SECURITY, OR TO ENGAGE IN ANY PARTICULAR TRANSACTIONS IN SECURITIES. THE INFORMATION PROVIDED BY SAALT INCLUDING, BUT NOT LIMITED TO, OPINION AND ANALYSES, IS BASED ON FINANCIAL MODELS BELIEVED TO BE RELIABLE BUT ARE NOT GUARANTEED, OR REPRESENTED OR WARRANTED TO BE ACCURATE, RELIABLE OR COMPLETE. CHARTS WILL DEPICT THE RESULTS OF OUR MODELS AND ARE NOT INFLUENCED BY ANY OTHER FACTORS EXCEPT THE UPDATED PARAMETERS WHICH THE MODELS USE. MODEL-GENERATED WEALTH PROJECTIONS SHOULD NOT BE CONSTRUED TO BE LIKELY FUTURE DEVELOPMENTS. THEY ARE BASED ON INCOME DYNAMICS OF POPULATION SAMPLES, AS WELL AS ASSUMPTIONS ABOUT INVESTMENT RETURNS, VOLATILITIES, AND THEIR POSSIBLE CORRELATIONS, ALL OF WHICH ARE BELIEVED TO REFLECT LONG TERM HISTORIC AVERAGES. INFORMATION PROVIDED BY SAALT WILL BE WRONG AT TIMES BECAUSE OF THE LIMITATIONS OF INVESTMENT ANALYSIS AND ASSUMPTIONS. INVESTMENT ANALYSIS, WHETHER FUNDAMENTAL, TECHNICAL OR ANY OTHER FORM OF INVESTMENT ANALYSIS, CANNOT PREDICT THE FUTURE AND IS NOT A SCIENCE THAT PREDICTS PRECISE AND ACCURATE RESULTS. YOUR USE OF ANY INFORMATION OR SERVICES FROM THE SITE IS AT YOUR OWN RISK AND WITHOUT RECOURSE AGAINST ANY OF SAALT OR ITS OWNERS, OPERATORS, AFFILIATES, REPRESENTATIVES, EMPLOYEES, CONSULTANTS OR CONTRIBUTORS. PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS AND SHOULD ONLY BE SEEN AS A ROUGH GUIDE FOR FUTURE PERFORMANCE.
INFORMATION ON THE SITE IS BASED ON FINANCIAL MODELS, AND INVESTMENT INFORMATION IS GENERATED MATHEMATICALLY. PERFORMANCE RESULTS CALCULATED THROUGH BACKTESTING HAS MANY AND POSSIBLY SERIOUS LIMITATIONS. SAALT DOES NOT CLAIM THAT THE ACTUAL HISTORICAL PERFORMANCE OR HYPOTHETICAL PERFORMANCE OF ANY SAALT PORTFOLIO WILL BE INDICATIVE OF FUTURE RESULTS. THERE WILL BE SUBSTANTIAL AND POSSIBLY EXTREME DIFFERENCES BETWEEN HISTORICAL PERFORMANCE AND FUTURE PERFORMANCE. THERE IS NO GUARANTEE THAT OUT-OF-SAMPLE PERFORMANCE WILL MATCH THAT OF PRIOR IN-SAMPLE PERFORMANCE. SAALT DOES NOT CLAIM OR WARRANT THAT ANY FORECASTS, OPINIONS OR ANALYSES TRANSMITTED THROUGH THE SITE OR OTHER SERVICES ARE CONSISTENT, LOGICAL OR FREE FROM HINDSIGHT OR OTHER BIAS, OR THAT THE DATA USED TO GENERATE THE BACKTESTS WAS AVAILABLE TO INVESTORS ON THE DATES FOR WHICH INFORMATION WAS GENERATED.
INFORMATION, REPORTS, ANALYSES AND OTHER SERVICES YOU RECEIVE THROUGH THE SITE MAY CONTAIN FORWARD-LOOKING STATEMENTS, INCLUDING OBSERVATIONS ABOUT MARKETS AND INDUSTRY AND REGULATORY TRENDS AS OF THE ORIGINAL DATE OF SUCH INFORMATION. FORWARD-LOOKING STATEMENTS MAY BE IDENTIFIED BY, AMONG OTHER THINGS, THE USE OF WORDS SUCH AS “EXPECTS,” “ANTICIPATES,” “BELIEVES,” OR “ESTIMATES,” OR THE NEGATIVES OF THESE TERMS, AND SIMILAR EXPRESSIONS. FORWARD-LOOKING STATEMENTS REFLECT VIEWS AND OPINIONS AS OF SUCH DATE WITH RESPECT TO POSSIBLE FUTURE EVENTS. ACTUAL RESULTS COULD DIFFER MATERIALLY FROM THOSE IN THE FORWARD-LOOKING STATEMENTS AS A RESULT OF FACTORS BEYOND ANYONE’S CONTROL. YOU ARE CAUTIONED NOT TO PLACE UNDUE RELIANCE ON SUCH STATEMENTS. NO PARTY HAS AN OBLIGATION TO UPDATE ANY OF THE FORWARD-LOOKING STATEMENTS THAT MAY BE CONTAINED IN ANY INFORMATION YOU RECEIVE THROUGH THE SITE.
TO THE EXTENT ANY INFORMATION PROVIDED TO YOU IS BASED ON THIRD PARTY DATA, NONE OF SAALT OR ITS OWNERS, OPERATORS, AFFILIATES, REPRESENTATIVES, EMPLOYEES, CONSULTANTS OR CONTRIBUTORS HAVE INDEPENDENTLY VERIFIED SUCH INFORMATION OR VOUCH FOR ITS ACCURACY OR ADEQUACY. ADDITIONALLY, THE SITE AND THE INFORMATION AND/OR SERVICES THAT YOU MAY RECEIVE OR USE THROUGH THE SITE HAS NOT BEEN TESTED, VERIFIED OR ENDORSED BY ANY INDEPENDENT THIRD PARTIES.
ANY INFORMATION YOU RECEIVE THROUGH THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE AND MAY BE REVISED. SAALT AND ITS OWNERS, OPERATORS, AFFILIATES, REPRESENTATIVES, EMPLOYEES, CONSULTANTS AND CONTRIBUTORS UNDERTAKE NO RESPONSIBILITY TO UPDATE ANY PORTION OF THE INFORMATION YOU MAY RECEIVE THROUGH THE SITE IN RESPONSE TO EVENTS WHICH MAY HAVE TRANSPIRED SUBSEQUENT TO YOUR RECEIPT OF SUCH INFORMATION OR FOR ACCURACY, RELIABILITY OR COMPLETENESS OF ANY CONTENT, AT ANY TIME. AS SUCH, THERE CAN BE NO GUARANTEE THAT THE INFORMATION YOU RECEIVE AS OF THE DATE OF ITS PUBLICATION OR TRANSMISSION WILL CONTINUE TO BE ACCURATE OR TIMELY WHEN OR AFTER IT IS DELIVERED TO YOU.
THE SITE AND THE SERVICES, AND ALL OF THE CONTENT, INFORMATION, ADVICE, FEEDBACK AND MATERIALS POSTED ON OR PROVIDED BY OR THROUGH THE SITE OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE. BY USING THE SITE AND/OR THE SERVICES, YOU AGREE TO USE YOUR OWN JUDGMENT, CAUTION AND COMMON SENSE IN MANAGING ALL CONTENT, INFORMATION, COACHING, ADVICE, FEEDBACK AND MATERIALS OFFERED AND YOU AGREE THAT ANY USE YOU MAKE OF SUCH CONTENT, INFORMATION, COACHING, ADVICE, FEEDBACK OR MATERIALS IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT NONE OF SAALT OR ITS OWNERS, OPERATORS, AFFILIATES, REPRESENTATIVES, EMPLOYEES, CONSULTANTS AND CONTRIBUTORS EVALUATES OR GUARANTEES, AND NONE OF THEM SHALL BE RESPONSIBLE OR LIABLE FOR, THE CONTENT, INFORMATION, COACHING, ADVICE, FEEDBACK AND/OR MATERIALS GIVEN THROUGH THE SITE OR THE SERVICES. SAALT AND ITS OWNERS, OPERATORS, AFFILIATES, REPRESENTATIVES, EMPLOYEES, CONSULTANTS AND CONTRIBUTORS ARE NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES RESULTING FROM YOUR RELIANCE ON ANY OF THE SITE OR THE SERVICES, INCLUDING ANY AND ALL CONTENT, INFORMATION, COACHING, ADVICE, FEEDBACK OR MATERIALS.
NEITHER SAALT NOR ANY OF ITS OWNERS, OPERATORS, AFFILIATES, REPRESENTATIVES, EMPLOYEES, CONSULTANTS OR CONTRIBUTORS IS RESPONSIBLE FOR, AND THEY MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY USER OR THIRD-PARTY CONTENT POSTED ON, THROUGH OR IN CONNECTION WITH THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CONTENT THAT IS UNAUTHORIZED OR VIOLATES THE TOU OR THE ADDITIONAL TERMS, AND SUCH CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF SAALT OR ITS OWNERS, OPERATORS, AFFILIATES, REPRESENTATIVES, EMPLOYEES, CONSULTANTS AND CONTRIBUTORS. UNDER NO CIRCUMSTANCES SHALL SAALT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM USE OF THE SITE OR THE SERVICES, FROM ANY CONTENT POSTED ON THE SITE OR THROUGH THE SERVICES (WHETHER SUCH CONTENT VIOLATES THE TOU OR ADDITIONAL TERMS OR NOT), FROM ANY SERVICES OFFERED THROUGH THE SITE OR FROM THE CONDUCT OF ANY USER OF THE SITE OR THE SERVICES OR ANY USER OF ANY LINKED SITE (REGARDLESS OF WHETHER SUCH CONDUCT VIOLATES THE TOU OR ADDITIONAL TERMS, OR WHETHER SUCH CONDUCT IS ONLINE OR OFFLINE).
SAALT ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY OF YOUR COMMUNICATIONS ON OR THROUGH THE SITE. SAALT IS NOT RESPONSIBLE FOR ANY MALFUNCTION OR OTHER PROBLEM WITH ANY TELEPHONE NETWORK, TELEPHONE LINES, COMPUTER ONLINE SYSTEMS, SERVERS, INTERNET SERVICE PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL OR PLAYERS, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY OR PROPERTY DAMAGE.
SAALT DOES NOT GUARANTEE ANY RESULTS (SPECIFIC OR OTHERWISE) FROM YOUR USE OF THE SITE OR THE SERVICES AND SAALT MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, THE SERVICES OR THE INFORMATION OR SERVICES PROVIDED THEREBY WILL MEET YOUR REQUIREMENTS. IF YOU ARE IN ANY WAY DISSATISFIED WITH THE SITE OR THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE AND/OR THE SERVICES.
SAALT DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE SITE, YOU AGREE THAT SAALT SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL ANY OF SAALT AND/OR ITS OWNERS, OPERATORS, AFFILIATES, REPRESENTATIVES, EMPLOYEES, CONSULTANTS OR CONTRIBUTORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES) RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT DISPLAYED ON THE SITE OR THROUGH THE SITE OR THE SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF (OR YOUR INABILITY TO ACCESS AND USE) THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE CAUSED TO YOUR COMPUTER OR SOFTWARE OR INFORMATION STORED THEREON, (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OBTAINED ON OR THROUGH THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF SAALT’S SERVERS AND/OR ANY AND ALL PERSONAL AND/OR OTHER INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THROUGH THE SITE OR ANY OF THE SERVICES, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR THE SERVICES BY ANY THIRD PARTY, (VII) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, (VIII) EMAILS OR OTHER TRANSMISSIONS OR COMMUNICATIONS MADE TO YOU THROUGH THE SITE OR THE SERVICES, AND/OR (IX) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR SERVICES POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SAALT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
13. U.S. EXPORT CONTROLS
SAALT Users may not download, use, export or re-export any content posted on or through the Services or any software utilized or available in connection with the Services in violation of any applicable laws or regulations, including, without limitation, United States export laws, regulations and controls.
14. GOVERNING LAW; DISPUTES
14.1 Governing Law.
The TOU shall be governed by, and construed in accordance with, applicable laws of the State of New York, without regard to conflicts of law provisions.
14.2 Disputes With Other Users.
You are solely responsible for any interactions with users of the Site and the Services, and any other parties with whom you interact on or through the Site, the Services and/or the Linked Sites. SAALT reserves the right, but has no obligation, to become involved in any way with these disputes.
14.3 Dispute Resolution.
You and SAALT agree to submit to the exclusive jurisdiction of the U.S. Federal and New York State courts located in the State of New York, County of New York, to resolve any dispute arising out of the TOU or your access to or use of the Site or the Services. EACH OF YOU AND SAALT HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THE TOU OR YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICES. FURTHER, EACH OF YOU AND SAALT HEREBY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF THE OTHER HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF YOU AND SAALT ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR EACH OF THEM, RESPECTIVELY, TO ENTER INTO THE AGREEMENTS REFLECTED IN THE TOU.
You agree to indemnify, defend and hold harmless SAALT and its owners, operators, affiliates, representatives, employees, consultants and contributors from and against any and all losses, liabilities, claims, damages and demands, including, but not limited to, reasonable attorneys’ fees, due to or arising out of (i) your access to and/or use of the Site and the Services, including, without limitation, any content, services and/or products offered thereby or in connection therewith; (ii) a violation or breach by you, or any user of your account, of any terms of the TOU or of any Additional Terms, including, without limitation, a breach of any of the representations, warranties or agreements set forth in the TOU and the Additional Terms (including, without limitation, a violation of any third party right, including without limitation any copyright, property, or privacy right); and/or (iii) any content that you post on or through the Site or Services, including, without limitation, any claim that your content, in whole or in part, caused damage to a third party. This defense and indemnification obligation will survive following the termination of your use of the Site and the Services.
16. ADDITIONAL TERMS
17. OTHER TERMS
18. REPORTING OF VIOLATIONS