Collection of Information
By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
Use and Disclosure of Information
2. Eligibility.
You represent and warrant that you are at least 18 years of age. If you are under age of 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
3. Registration and the Services.
Registration is optional to use our Services. If you do elect to register, you will need to create an account on the Services (an “Account”) with your email address or log in through your LinkedIn or Google account. By using the Services through your LinkedIn or Google account, you permit us to access certain information from such account for use by the Services. You may be able to control the amount of information that is accessible to us by adjusting your LinkedIn or Google account settings, as applicable. You must provide accurate and complete information and keep your Account information updated. If you request to become a Verified Professional user of the Services, you represent and warrant that the information you submit is accurate and that you are not misrepresenting your status. You shall not use the name of another person with the intent to impersonate that person. You are solely responsible for the activity that occurs on your Account, and if you have an Account password, for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
4. Content.
. Definition.
For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, charts, stock and other financial information, videos, audio clips, written posts and comments, rankings, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
. User Content.
The Services allow registered users to post investment perspectives and other User Content (defined below) and access certain other registered users’ activity, investment perspectives, and User Content via the Services. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. User Content includes “Private Content”, which is User Content that is only available to other users who have opted in or have been permissioned to access such User Content. You represent that all User Content provided by you is accurate (except to the extent such User Content consists of your opinion that is not verifiable), complete, up-to-date, and in compliance with all applicable laws, rules and regulations, including but not limited to United States laws and regulations regarding insider trading and or the provision of insider information. As part of the Services, users may have the ability to interact with and view the User Content of other users. Certain of the User Content (such as Private Content) or access to a private investor portal, may only be available to users who meet specific criteria, including without limitation the requirement of being an institutional investor or institutional investment industry consultant. You may only access such User Content or private investor portal if you meet the relevant foregoing criteria, and you hereby warrant and represent that, by accessing such User Content or private investor portal you meet such criteria and are not misrepresenting your status. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
. Not a Broker-Dealer.
You acknowledge and agree that we are not a broker-dealer, as such term is used in United States financial services regulations, and that we do not trade securities on our or another party’s behalf as part of the Services, nor do we directly offer any financial advice of our own as part of the Services. You acknowledge that all financial opinions and advice provided through the Services are User Content, and we shall not be liable for your reliance on such User Content. You acknowledge and agree that we are not liable for any losses or gains that may arise from your reliance upon information provided through the Services or your interaction with other users. You acknowledge that you have sole responsibility for your investment decisions, that the Services are one source of information you may consult regarding investment decisions, and, you should not rely solely on any information provided through the Services with regard to any investment decisions you make. You acknowledge that other users that may provide information through the Services may hold positions in securities that they discuss and that they have no obligation to inform you of any change in their opinions or knowledge.
. Use License.
Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content available to such user solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. Notwithstanding the foregoing, if we provide you with RSS feeds of certain Content or your Account RSS feed, you may use such feeds solely to display on websites owned or operated by you (each, a “User Website”). Subject to these Terms of Service, we grant each user of the Services permission to use Harvest’s trademarks and logos (subject to any trademark guidelines provided by us) for the sole purpose of displaying a link on such user’s User Website to such user’s Account and profile on the Services. Except for User Content, you acknowledge that Harvest and its licensors own the Services and all intellectual property rights and moral rights therein, including without limitation all copyrights, trademarks and trade dress. Except for the limited access expressly provided in these Terms of Service, neither these Terms of Service nor your access to the Services transfers to you any right, title or interest in or to such intellectual property rights. No rights or licenses are granted except as expressly and unambiguously set forth in these Terms of Service. Except as expressly provided by us, none of the Services may be copied, displayed or transmitted in any way. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
. License Grant.
By submitting Private Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display and perform such Private Content solely for the purpose of providing the Services and to create, use, distribute, commercialize and fully exploit anonymized aggregate data analyses and compilations from users’ use of and interaction with Private Content on the Services. By submitting User Content through the Services that is publicly available, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, commercialize and otherwise fully exploit such User Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content available to such user through the Site and/or the Services, including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Availability of Content.
We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) monitor, remove, edit, or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.
5. DMCA Copyright Policy.
We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this section. If you believe that material or content residing on or accessible through Arca’s websites or services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;Identification of works or materials being infringed;Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;Contact information about the notifier including address, telephone number and, if available, e-mail address;A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; andA statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.Please contact the Designated Agent to Receive Notification of Claimed Infringement for Arca at info@ar.ca or at: