Effective Date: March 12, 2019
1. OWNERSHIP, LIMITED LICENSE TO USE THE SITE
Two Sigma grants you a limited, nonexclusive, non-transferable, revocable license to display and use portions of the Site solely for your own private, internal, non-commercial, and informational purposes only, and to print pages from the Site only in connection with that use. Except as described in the immediately preceding sentence, you may not copy, store, modify, distribute, transmit, perform, alter, edit, reproduce, republish, exploit in any manner for any purpose, publish, license, create derivative works from, transfer or sell any Two Sigma Content, text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Site without prior express written permission from Two Sigma which may be withheld for any or no reason. The Two Sigma Content is provided solely for your internal use, and you further agree not to download, display, distribute or use any Two Sigma Content, including without limitation in any publications, in public performances, on websites other than this Site, for any other commercial purpose, in connection with products or services that are not those of Two Sigma or its affiliates, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Two Sigma and/or its affiliates and/or licensors, that dilutes the strength of Two Sigma or its affiliates’ or licensors’ property, or that otherwise infringes Two Sigma or its affiliates’ or its licensors’ intellectual property rights. You further agree to in no other way misuse any Two Sigma Content or third party content that appears on this Site.
You acknowledge you have received and reviewed the Third Party Notices posted on the Site, including, without limitation, the various data vendor disclosures contained therein, the content of which may change from time to time. You agree to comply with the agreements, restrictions, and limitations contained in such Third Party Notices.
2. USAGE PARAMETERS
Means of Access. The Site is generally intended to be viewed by a conventional Web browser. Although you may use other means to access the Site, be aware that the Site may not appear accurately through other access methods, and you use them only at your own risk. You are responsible for setting the cache settings on your browser to ensure that you are receiving the most recent data. You are responsible for obtaining and maintaining all equipment, services and other materials that you need to access and use the Site. You may not use any data mining, robots or similar data gathering and extraction programs or methods, whether automated or manual, to access, acquire, copy or monitor any portion of the Site or any data and content found on the Site, unless such devices or methods are expressly approved in advance by Two Sigma in writing.
Unsolicited Ideas. Two Sigma always welcomes consumer feedback and appreciates your interest in sharing your thoughts with Two Sigma. However, it is Two Sigma’s policy not to accept or consider unsolicited ideas from outside Two Sigma, including ideas for new or improved products or packaging, technologies, product names, or promotion or marketing strategies. Should you submit an idea to Two Sigma, despite Two Sigma’s policy, Two Sigma will treat the information as non-confidential and non-proprietary and Two Sigma will be free to use the information for any purpose and will not be obligated to return or acknowledge receipt of your submitted information.
3. NO OFFER OF SECURITIES; NO ADVICE
Such requirements may include, among other things, qualifying as an “accredited investor” within the meaning of the U.S. Securities Act of 1933, as amended; a “qualified client” within the meaning of the U.S. Investment Advisers Act of 1940, as amended; a “qualified eligible person” within the meaning of the U.S. Commodity Exchange Act, as amended; and/or a “qualified purchaser” within the meaning of the rules promulgated under the U.S. Investment Company Act of 1940, as amended. Access to information about the investment funds managed by, or advisory services offered by, Two Sigma or its affiliates is similarly limited to investors who meet the applicable investor suitability, experience and sophistication requirements. You acknowledge that participation in investment funds or investment advisory services is speculative in nature, involves a high degree of risk and is intended only for experienced and sophisticated investors.
This Site is also not intended to provide any investment, financial, legal, regulatory, accounting, tax or similar advice, and nothing on this Site should be construed as a recommendation, by Two Sigma or its affiliates or any third party, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction. Any tools displayed on the Site are not personalized to any user or group or type of users (including regarding the age, income, cash holdings, assets, tax status, investment experience and objectives of any user) and are provided for informational and educational purposes only. Such tools use certain statistical methods to provide hypothetical approximations and are based on limited and potentially inaccurate data sources. You should consult your own investment, legal, tax and/or similar professionals regarding your specific situation and any specific decisions. Two Sigma is registered with the United States Securities and Exchange Commission (the “SEC”) as an investment adviser. Even so, as stated above, no material on the Site should be construed as or relied upon as investment advice or any other type of advice. Investment advisory services from Two Sigma are available only to persons who become clients of Two Sigma pursuant to an investment advisory agreement with Two Sigma. Registration with the SEC, with any state securities authority or with any other regulatory authority does not imply a certain level of skill or training.
4. PASSWORD-PROTECTED AREAS
Portions of the Site which are password-protected may be accessed only by users who have been issued passwords by an authorized representative of Two Sigma. Password-protected portions of the Site may contain performance information for the investment funds sponsored or managed by affiliates of Two Sigma or for investment advisory services offered by Two Sigma or its affiliates. Users of the Site acknowledge that past performance is not necessarily indicative of future results. No one may obtain or attempt to obtain unauthorized access to such parts of the Site, or to any other protected materials or information, through any means not intentionally made available by Two Sigma for their specific use. Unauthorized individuals attempting to access, or actually accessing, these areas can be subject to criminal and/or civil prosecution.
During any registration process, you must provide complete and accurate information about yourself during the registration process. It is your responsibility to maintain the currency, completeness, and accuracy of your password and registration data and any loss caused by your failure to do so is your responsibility. You may not have a user name or ID that is indecent or distasteful or that we otherwise determine in our discretion is unacceptable. You are solely responsible for maintaining the confidentiality of your password and account. Additionally, you are solely responsible for any and all activities that occur under your account. You agree to notify Two Sigma immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate or disclose any user name, ID, password, or other information that provides you access to the Site. Two Sigma is not liable for any loss that you may incur as a result of the unauthorized use of your password or account, either with or without your knowledge.
6. NO RELIANCE
You agree that Two Sigma and/or its affiliates and licensors and independent contractors shall not be liable for any errors or delays in the content of any information provided through the Site or Two Sigma Content, or for any actions taken by you or any third party, in reliance thereon. The information contained within the Site and Two Sigma Content has been obtained from sources considered reliable, but such information is not guaranteed. While Two Sigma uses reasonable efforts to update the information contained in the Site, Two Sigma and its affiliates make no representations or warranties as to the accuracy, continued availability, reliability or completeness of any information on the Site, including without limitation any Two Sigma Content, or User Content at or on the Site. Any content of the Site is subject to change without notice. As noted above, permission by Two Sigma to access this Site should not be construed as, or relied upon as, investment, financial, legal, regulatory, accounting, tax or similar advice. You acknowledge that any reliance on such material or systems will be at your own risk. Two Sigma makes no representations regarding the amount of time that any Two Sigma Content or User Content will be preserved.
7. MATERIALS TO BE CONSULTED IN THEIR ENTIRETY
Two Sigma does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Two Sigma and/or its affiliates without the prior review and written approval of Two Sigma.
8. LINKS TO THIRD PARTY WEB SITES
Two Sigma has not reviewed any of the websites that may be linked to the Site, and is not responsible for the content of off-site pages or any other website linked or linking to this Site. Two Sigma is not responsible for the privacy practices of such other websites. Your linking to or use of any websites other than this Site is at your own risk. Two Sigma’s inclusion of links to other websites does not imply any endorsement of any kind by Two Sigma and/or its affiliates of the material located on or linked to by such websites nor do they imply any endorsement by the third party of the Site or of the link. Two Sigma disclaims any responsibility for the products or services offered or the information contained on any websites other than this Site.
9. NO WARRANTY
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND TWO SIGMA CONTENT IS AT YOUR OWN RISK AND TWO SIGMA AND ITS AFFILIATES OR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, CLIENTS, AGENTS OR EMPLOYEES, LICENSORS AND INDEPENDENT CONRACTS HAVE NO LIABILITY OR OBLIGATION TO YOU WITH RESPECT TO ANY PORTION OF THE SITE AND TWO SIGMA CONTENT AND SHALL NOT BE LIABLE TO YOU IN ANY WAY EXCEPT TO THE EXTENT REQUIRED BY LAW. TWO SIGMA AND ITS AFFILIATES OR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, CLIENTS, AGENTS OR EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, TWO SIGMA CONTENT, OR USER CONTENT AND/OR THE ACCURACY, ADEQUACY, RELIABILITY, TIMELINESS, COMPLETENESS, SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THE SITE. THE SITE AND ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND, AND ON AN “AS AVAILABLE” BASIS. TWO SIGMA AND ITS AFFILIATES OR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, CLIENTS, AGENTS OR EMPLOYEES, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SITE, TWO SIGMA CONTENT, USER CONTENT, ANY MATTER RELATED TO THE SITE AND SUCH INFORMATION AND MATERIALS ON THE SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY. TWO SIGMA AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, CLIENTS, AGENTS OR EMPLOYEES EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS AND OMISSIONS IN THE SITE OR THE INFORMATION AND MATERIALS CONTAINED THEREIN.
You acknowledge that you are aware that by using the Site you may be subject to security and privacy exploitations, including, eavesdropping, sniffing, spoofing, hacking, breaking passwords, harassment, exposure to objectionable material, posturing, and/or other security or privacy hazards.
TWO SIGMA AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, CLIENTS, AGENTS OR EMPLOYEES ASSUME NO RESPONSIBILITY FOR, AND MAKE NO WARRANTIES THAT, INFORMATION, SERVICES OR FUNCTIONS CONTAINED AT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER HARMFUL COMPONENTS. TWO SIGMA AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY TYPE OR KIND TO YOUR COMPUTER, VIRUSES THAT MAY INFECT YOUR COMPUTER, OR SERVICES REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED ON YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS OR USE OF THE SITE.
10. LIMITATION OF LIABILITY; INDEMNIFICATION
These limitations of liability will apply regardless of: (i) any negligence of Two Sigma and its affiliates and their officers, directors, members, principals, investors, clients, agents or employees or (ii) whether the liability arises in negligence, strict liability, contract, tort (including negligence) or any other theory of legal liability; and will remain in effect even if any remedy fails of its essential purpose.
Your sole remedy for dissatisfaction with your use of the Site is to stop using the Site.
Both you and Two Sigma acknowledge and agree that no partnership is formed and neither of you nor Two Sigma has the power or the authority to obligate or bind the other.
Any notice to Two Sigma shall be given in writing and sent by registered mail to Two Sigma Investor Solutions, LP, 100 Avenue of the Americas, 16th Floor, New York, NY 10013, Attention: Matthew B. Siano, Esq., Managing Director, General Counsel, or at such successor address as designated by Two Sigma in its sole discretion from time to time.
If Two Sigma fails to act with respect to your breach or anyone else’s breach on any occasion, Two Sigma is not waiving its right to act with respect to future or similar breaches.