TERMS AND CONDITIONS OF USE
These Terms & Conditions of Use are between you and AlphaTrAI Funds, Inc. (“we,” “us,” and “our”).
Your use of the www.nightshares.com website (the “Website”) constitutes an acknowledgement that you have read the most recent version of the Terms & Conditions of Use and that you agree to adhere to its terms. If you do not agree to be bound by these Terms & Conditions of Use, please cease all further use. We reserve the right to amend these Terms & Conditions of Use at any time.
1. Access to Website
Limited License. We grant you a non-exclusive, non-transferable limited license to access and make personal use of the Website and not to download (other than page caching) or modify any portion of the Website without our prior written approval. You shall not use any robot, spider or other device to monitor the Website in any manner. We may terminate this license at any time.
2. Policies Governing Use of the Website
Links to the Website. You are expressly prohibited from framing or linking or otherwise using or displaying the Website or any portion thereof in such a manner so that it appears to be part of your own or someone else’s website.
Links to Other Websites. We may place links on the Website to other websites on the Internet that are owned or operated by third parties. You acknowledge and agree that we are not responsible for, nor do we endorse or support, the operation of or content located on any such website, and we cannot and do not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By linking to these third party websites, you acknowledge and agree that you may not make any claim against us for any damages or losses of any kind arising from the third-party website and/or the link.
3. Disclaimer of Warranty; No Consequential Damages; Limitation of Liability
Disclaimer of Warranty. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. The Website is provided as is, without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, or warranties of non-infringement. To the fullest extent permissible by law, We make no warranties and shall not be liable for the use of the Website, including, without limitation, any interruption of or error in the services under any circumstances, including, but not limited to, our negligence.
Limitation of Liability. Under no circumstances shall we be liable for any special or consequential damages that are directly or indirectly related to the use of, or the inability to use, the Website, even if we have been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Prohibited Uses. You expressly agree not to use the Website in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You acknowledge that prohibited conduct includes, but is not limited to, use of the Website to invade the privacy of third parties, impersonation of our personnel or other parties or entities, transmitting abusive, profane, libelous, slanderous, threatening or otherwise harassing material via e-mail or your personal Web page(s). You also agree not to use the Website to violate the security of the Website or attempt to utilize another user’s account name or persona without
authorization from that user.
Choice of Law; Jurisdiction. These Terms & Conditions of Use shall be governed and
interpreted in accordance with the substantive law of the State of California without regard to its conflict of law provisions. You agree to the exclusive jurisdiction of the courts located
within the county of San Diego, California.
Severability. If any provision of these Terms & Conditions of Use is deemed invalid or unenforceable, that provision shall be deemed severable and shall not affect the validity, legality or enforceability of the remaining provisions.
Entire Agreement. These Terms & Conditions of Use set forth the entire understanding and agreement between us with respect to the subject matter hereof.
5. The Night Watch ETF Data
This material prepared by AlphaTrAI Funds, Inc. is for informational purposes only. It is not intended to serve as a substitute for personalized investment advice or as a recommendation or solicitation of any particular security, strategy or investment product. Opinions expressed byAlphaTrAI Funds, Inc. are based on economic or market conditions at the time this material was written. Economies and markets fluctuate. Actual economic or market events may turn out differently than anticipated. Facts presented have been obtained from sources believed to be reliable. AlphaTrAI Funds, Inc., however, cannot guarantee the accuracy or completeness of such information, and certain information may have been condensed or summarized from its original source. Past performance is not an indicator of future results.
AlphaTrAI Funds, Inc. is a SEC registered investment adviser located in San Diego, CA. Registration as an investment adviser does not imply any level of skill or training. AlphaTrAI Funds, Inc. may only transact business in those states in which it is registered, or qualifies for an exemption or exclusion from registration requirements. NightShares' web site is limited to the dissemination of general information pertaining to its advisory services, together with access to additional investment-related information, publications, and links. Accordingly, the publication of NightShares' web site on the Internet should not be construed by any client and/or prospective client as AlphaTrAI Funds Inc.'s solicitation to effect, or attempt to effect transactions in securities, or the rendering of personalized investment advice for compensation, over the Internet. Any subsequent, direct communication by AlphaTrAI Funds, Inc. with a prospective client will be conducted by a representative that is either registered or qualifies for an exemption or exclusion from registration in the state where the prospective client resides.
AlphaTrAI Funds, Inc. does not make any representations or warranties as to the accuracy, timeliness, suitability, completeness, or relevance of any information prepared by any unaffiliated third party, whether linked to the
NightShares web site or incorporated herein, and takes no responsibility therefor. All such information is provided solely for convenience purposes only and all users thereof should be guided accordingly.
Certain portions of NightShares' web site (i.e. newsletters, articles, commentaries, etc.) may
contain a discussion of, and/or provide access to, NightShares' (and those of other investment and non-investment professionals) positions and/or opinions as of a specific prior date. Due to various factors, including changing market conditions, such discussion may no longer be reflective of current positions and/or opinions. Moreover, no client or prospective client should assume that any such discussion serves as the receipt of, or a substitute for, personalized advice from AlphaTrAI Funds, Inc. or from any other investment professional. AlphaTrAI Funds, Inc. is neither an attorney nor an accountant, and no portion of the web site content should be interpreted as legal, accounting or tax advice.
Each client and prospective client agrees, as a condition precedent to his/her/its access to NightShares' web site, to release and hold harmless AlphaTrAI Funds, Inc., its officers, directors, owners, employees and agents from any and all adverse consequences resulting from any of his/her/its actions and/or omissions which are independent of his/her/its receipt of personalized individual advice from AlphaTrAI Funds, Inc.
Personnel of AlphaTrAI Funds, Inc. hold the designations or educational experience referenced in the website. In addition, AlphaTrAI Funds, Inc. itself is a member of certain organizations referenced in the website. You may request a copy of the Brochure Supplements for the personnel of AlphaTrAI Funds, Inc. for additional information regarding the education, business experience and professional designations of the investment adviser representatives of AlphaTrAI Funds, Inc.