Hedge

Alytix



Terms Of Use

Welcome to our Web site (the "Site")! We are in the process of transitioning from CogentHedge.com to HedgeAlytix.com, a domain owned by David J Slavin LLC, doing business as WaterTower Research and the owner of and successor to Cogent Investment Research LLC (collectively, "HedgeAlytix"). WaterTower Research provides information, operations support and administrative support in relation to HedgeAlytix.com.

Terms of Use contain the terms, conditions, and provisions upon which you may access the information available through the Site.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. DO NOT USE THE SITE IF YOU DO NOT AGREE TO BE BOUND BY THEM.

THE INFORMATION AND SERVICES PROVIDED ON THE SITE ARE NOT INTENDED FOR DISTRIBUTION TO, OR USE BY, AND ARE IN PARTICULAR NOT DIRECTED TO, ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO LAW OR REGULATION, WOULD OBLIGATE HEDGEALYTIX TO COMPLY WITH ADDITIONAL RULES OR WHICH WOULD SUBJECT HEDGEALYTIX OR ANY OF ITS AFFILIATES TO ANY ADDITIONAL REGISTRATION REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY. THE SERVICES ARE NOT SPECIFICALLY DIRECTED TO A RESIDENT OF ANY STATE IN WHICH USE OF SUCH SERVICES WOULD CONSTITUTE AN UNLAWFUL OR UNREGISTERED OFFER OR SALE OF SECURITIES OR BROKERAGE SERVICES IN SUCH STATE OR OTHERWISE REQUIRE REGISTRATION OF ANY AFFILIATED ENTITY IN A STATE IN WHICH IT IS NOT CURRENTLY REGISTERED. HEDGEALYTIX OR ANY AFFILIATED ENTITY MAY ACT AS A BROKER, DEALER, AGENT OR SALESMAN IN A STATE ONLY IF IT IS FIRST LICENSED OR REGISTERED BY SUCH STATE OR PROPERLY EXCEPTED OR EXEMPTED FROM SUCH LICENSURE OR REGISTRATION.

If you meet the requirements for registering with the Site, including being qualified as an "accredited investor" (as that term is defined under Regulation D promulgated under the Securities Act of 1933), you may become a "Registered User" of the Site. Registered Users must agree to a Registered User's Agreement before accessing and using the additional information and services on the Site which are available to Registered Users.

1. TERMS AND CONDITIONS

By accessing, viewing or using the materials or services available on or through the Site you indicate that you understand and intend these Terms of Use to be the legal equivalent of a signed, written contract and equally binding, and that you accept these Terms of Use and agree to be legally bound by them.

The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to and understanding of all such terms, conditions, and notices. HedgeAlytix reserves the right to change the terms, conditions, and notices under which the Site and the information and services offered through the Site are offered without further notice to you. Your continued use of the Site will signify your agreement with and understanding of any additional or modified terms, conditions or notices applicable to the Site.

While HedgeAlytix uses reasonable efforts to update the information on the Site, HedgeAlytix makes no representations or warranties as to the accuracy, reliability, timeliness or completeness of any information at the Site. Any content at the Site is subject to change without notice.

2. GRANT OF REGISTERED USER LICENSE

The Site and the materials and information available on or through it are provided by HedgeAlytix as a service to you. You are hereby granted a limited, non-exclusive, revocable and nontransferable license to use the Site conditioned on your continued compliance with these Terms of Use.

Users may print and download materials and reports from the Site provided that all hard copies contain all copyright and other applicable notices contained in the originals of such materials and reports. The use of any such material on any other Web site or networked computer environment is prohibited.

Except as otherwise expressly permitted herein or under an agreement between you and HedgeAlytix, you may not modify, copy, distribute, broadcast, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell, or otherwise use any information, products, services or material obtained from or through the Site. As a further condition of use of the Site, you warrant to HedgeAlytix that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use and you will comply with any applicable local, state, national, or international laws or regulations when using the Site.

Nothing at the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any image, trademark, logo or service mark at the Site. No act of downloading or otherwise copying from the Site will transfer title to any software or material at the Site to you. You may not decompile, reverse engineer, disassemble, or otherwise reduce any computer files obtained from the Site to a human-perceivable form. Anything that you transmit to the Site becomes the property of HedgeAlytix, may be used by HedgeAlytix for any lawful purpose (subject to any further agreement between you and HedgeAlytix), and is further subject to disclosure as deemed appropriate by HedgeAlytix, including to any legal or regulatory authority to which HedgeAlytix is subject. HedgeAlytix reserves all rights with respect to copyright and trademark ownership of all material at the Site, and will enforce such rights to the full extent of the law.

3. NATURE OF SITE

The Site is provided solely for the purpose of providing information and news about securities markets, hedge funds, hedge fund managers and other alternative investments. Only Registered Users who are accredited investors will be able to access the password-protected portions of the Site.

While the information contained on the Site has been obtained from sources believed reliable, neither HedgeAlytix nor any information provider guarantee that the information on the Site is accurate, timely, valid or complete or make any warranties with regard to the results that have or may be obtained from its use.

IF YOU ARE IN ANY DOUBT AS TO WHETHER THIS WEB SITE CAN BE LAWFULLY USED BY YOU DO NOT USE THE SITE.

4. NO INVESTMENT ADVICE OR INVESTMENT RECOMMENDATIONS

The information on the Site is intended for informational, educational and research purposes only. HedgeAlytix does not provide recommendations, investment advice or any other advice to you or any other party through the Site, and no information or material at the Site is to be relied upon for the purpose of making or communicating investment or other decisions. Accordingly, HedgeAlytix does not offer advice regarding the quality or suitability of any investment or of any investment manager and assumes no responsibility or liability for any investment decisions or advice, treatment, or services rendered by any person or entity mentioned, featured or linked to on the Site.

Neither the information nor any opinion contained on the Site constitutes investment advice or an offer or a solicitation by HedgeAlytix for the purchase or sale of any securities, futures, options or other financial instruments. This material and any views expressed herein are provided for informational purposes only and should not be construed in any way as an endorsement or inducement to invest with any hedge fund or other alternative investment program or any investment manager or advisor mentioned. Before making any investment decision, seeking any investment manager's or advisor's services or investing in any hedge fund or other alternative investment program, you are advised to consult with your broker or other financial advisor to verify pricing and other information and/or do such other due diligence as may be appropriate under the circumstances, including reading and examining thoroughly the relevant disclosure documents and/or offering memorandum. HedgeAlytix shall have no liability for investment decisions based upon, or the results obtained, from the content provided herein.

5. INTELLECTUAL PROPERTY RIGHTS

All material contained on or available through the Site, unless otherwise indicated, is protected by law including, but not limited to, copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations.

Except as expressly provided herein, HedgeAlytix does not grant any express or implied right to users of the Site under any patent(s), copyright(s), trademark(s), or trade secret information. Accordingly, unauthorized use of any material contained on the Site by you will violate copyright laws, trademark laws, trade secret laws, the laws of privacy and publicity, and other regulations and statutes.

The contents of the Site are Copyright © 2015 WaterTower Research. All rights reserved. HedgeAlytix also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of the Site's content.

HedgeAlytix, CogentHedge and all other names, logos, and icons identifying HedgeAlytix's products and services are proprietary marks of HedgeAlytix, and any use of such marks without the express written permission of HedgeAlytix is strictly prohibited. Other product and company names mentioned herein may be the trademarks of their respective owners.

6. PRIVACY POLICY

HedgeAlytix considers your personal data to be private. You acknowledge that you have read HedgeAlytix's general Privacy Policy posted on the Site. All information collected in the course of your using the Site (including your qualification as a Registered User of the Site) or otherwise, including any individual logging or click-stream data gathered in course of navigating the Site, is strictly for internal purposes and will be kept confidential at all times. We may capture and record information on our server logs from your browser when you interact and use the Site including your IP address, cookie information and the page(s) you request regarding your IP address generally for use in administering the Site, customizing the content you see, fulfilling your requests for certain services and information, and contacting you. Cookies are alphanumeric identifiers that we may transfer to your computer hard drive through your Web browser to enable our systems to recognize that browser. Your IP address may be used to help identify you and your patterns and processes and to gather broad demographic and current interest information that we may then use for generic reports posted on the Site.

The registration process requires Registered Users to give CogentHedge contact information, unique identifiers, financial information and demographic information. This information is used to qualify you as a Registered User and may also be used, with a Registered User's prior permission, to send Registered Users relevant and timely information. CogentHedge will only contact you on matters regarding the Site and to respond to enquiries or any requests initiated by you. You may at any time opt out of receiving communications except for those essential to your use of the Site and to the management of your account, if any, with Cogent Alternative Strategies, Inc. and for regulatory requirements, including annual requalification requirements.

You additionally have the option to remove all personal information from the Site's database and not to receive future communications or to forgo the Site's information and services altogether by either sending an email to support@HedgeAlytix.com.

7. SITE SECURITY

The Site contains links to other Web sites (See "Links to Other Sites" below). CogentHedge is not responsible for the privacy practices or the content of such Web sites. The Site has strict security measures in place to protect against the loss, theft, misuse and/or alteration of the information contained on the Site. Employees are kept aware of the security policies in place in respect of the Site.

8. REGISTERED USER ID AND PASSWORD POLICY

Use of certain portions of the Site requires both Registered User ID information and a Password. During the Registered User registration process for the Site, users choose a unique Registered User ID and a Password to become a Registered User and to gain access to the restricted areas of the Site. One Registered User can only use each Registered User ID and corresponding Password. Anyone with knowledge of both a Registered User ID and Password can gain access to the restricted portions of the Site and the information available to each Registered User. Accordingly, the Registered User must make every effort to keep secret its Password.

If you experience any problems reaching HedgeAlytix or the Site through any particular method, you may contact us at support@HedgeAlytix.com.

9. INTELLIGENT TOOLS

HedgeAlytix may provide market information, news, fund performance, manager information, statistical analyses and other information, as well as certain research, optimization alogrithms and educational tools and material (collectively, "Intelligent Tools") to users of the Site to evaluate and/or assess certain securities or investment opportunities. Generally, most Intelligent Tools are available only to Registered Users. Intelligent Tools will be developed directly by HedgeAlytix or will be developed by third-party providers and offered through the Site. You acknowledge that all Intelligent Tools are provided on an "as is" basis, and that no representations, warranties or guarantees are made by HedgeAlytix or any third-party provider as to the accuracy, completeness, timeliness or usefulness of any of the Intelligent Tools, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. You agree to exercise your own judgment in evaluating all Intelligent Tools and not to hold HedgeAlytix or any third-party provider liable for any investment decision you may make based on your use of any Intelligent Tools. In addition, you agree that Intelligent Tools are for Registered Users only, and that you will not retransmit or republish any Intelligent Tools. You further agree that HedgeAlytix provides access to Intelligent Tools as a convenience to you. You acknowledge and agree that HedgeAlytix is not authorized to discuss or elaborate on any Intelligent Tools and that access to the Intelligent Tools will be limited to the matter presented through the Site.

10. CONFIDENTIALITY ON INTERNET

Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While HedgeAlytix has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from the Site over the Internet cannot be guaranteed.

Accordingly, CogentHedge and its affiliates are not responsible for the security of any information transmitted via the Internet or for the consequences of any reliance on such information. You assume the sole and complete risk for using the Site and must make your own determination as to these matters.

11. SECURITY OF SITE

Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection, HedgeAlytix reserves the right to view, monitor, and record activity on the Site without notice or permission from you.

Any information obtained by monitoring, reviewing, or recording is subject to review by appropriate governmental, regulatory and law enforcement organizations in connection with applicable law, including the investigation or prosecution of possible criminal activity on the Site. HedgeAlytix will also comply with all lawful court orders and governmental, regulatory and law enforcement requests involving such information.

12. POSTINGS

To the extent the Site contains news, opinions, bulletin boards, message boards, review areas, chat rooms, question/answer areas, or other forums (collectively, "forums"), the following is applicable, and you agree that by using the Site you will not post or transmit (including by email) any of the following materials on the Site's forums:

a. Statements or material that defame, harass, abuse, stalk, threaten, or in any way infringe on the rights of others; unauthorized copyrighted material or any other material that infringe on the intellectual property rights, trade secrets, or privacy of another; statements or material that are bigoted, hateful, or racially offensive; statements or material that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction; statements or material that constitute insider trading or violate any other securities laws; statements that constitute anti-competitive collaboration and/or antitrust violations; statements or material that contain vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person; statements or material that contain vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person; statements or material that solicit or encourage users to become affiliated or do business with competitors of HedgeAlytix; and files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

b. Advertising and commercial solicitation may be posted on or transmitted through the Site only with HedgeAlytix's express prior written approval and only if the advertising or commercial solicitation complies with applicable law and all conditions imposed by HedgeAlytix. Please contact support@HedgeAlytix.com for more information on advertising.

c. HedgeAlytix is not responsible for screening, policing, editing, or monitoring user or other third-party content posted to Site forums. Nevertheless, HedgeAlytix reserves the right, in its sole discretion, to delete or take other action with respect to postings that HedgeAlytix believes in good faith violate these Terms of Use and/or are potentially unlawful and/or do not fit into the context of the Site including editing postings in the question/answer areas of the Site for length and clarity.

d. Persons who violate these Terms of Use may, in HedgeAlytix's discretion, receive a warning from HedgeAlytix or be barred from the Site without warning. If you become aware of a posting that may violate these rules, you may contact HedgeAlytix at support@HedgeAlytix.com. e. You must use your best judgment and reasonable caution in evaluating all Registered User or third-party postings or other content (including information and opinions posted by others to Forums) on the Site. HedgeAlytix does not endorse any opinion expressed by a Registered User or third party. HedgeAlytix does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of, any advice, opinion, statement, or other material displayed, uploaded, or distributed by any user of, or third-party contributing materials to, the Site. HedgeAlytix expressly disclaims all responsibility and liability for such materials.

f. By submitting content to a forum or other portion of the Site, you automatically grant HedgeAlytix a royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license to use, reproduce, modify, adapt, publish, edit (for length, clarity or as otherwise pursuant to these Terms of Use or the Registered User's Agreement), translate, create derivative works from, distribute, redistribute, transmit, perform, and display such content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now know or later developed for the full term of any rights that may exist in such content. Notwithstanding this right and license, it is understood that by merely permitting a Registered User's posting to appear on a Site Forum as intended by the Registered User and unedited by HedgeAlytix (except as set forth above), HedgeAlytix has not become and is not a publisher of such posting.

13. ADVERTISERS ON THE SITE

HedgeAlytix, in its sole discretion, may post the advertisements of third parties on the Site. HedgeAlytix's posting of such advertisements is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services or products by HedgeAlytix. Your acceptance of such advertised services or products is at your own risk based upon such due diligence as you have determined is appropriate. Your correspondence and any other dealings with advertisers found on the Site are solely between you and such advertiser. You agree that HedgeAlytix shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on the Site. Moreover, you acknowledge that HedgeAlytix shall not be responsible or liable for the statements, product, services or conduct of any such third party on the Site.

14. LINKS TO OTHER SITES

HedgeAlytix may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating related information and services or otherwise. HedgeAlytix has not reviewed the content of any site owned by a third party that may be linked to the Site and exercises no control over such sites.

Accordingly, HedgeAlytix expressly disclaims any responsibility and shall not be liable for the content (or any errors, misrepresentations, or omissions therein), the accuracy and timeliness of the information, the download, transmission or delivery of any such information and/or quality of products or services provided by or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party. See "Disclaimers."

15. EVENTS BEYOND HEDGEALYTIX'S CONTROL

You expressly absolve and release HedgeAlytix and its affiliates and each of their respective officers, directors, members, partners, shareholders, employees, agents, advisors and representatives (collectively, "HedgeAlytix and Its Affiliates") from any claim of harm resulting from a cause beyond HedgeAlytix's control, including, but not limited to, failure or electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist attacks, or governmental restrictions.

16. DISCLAIMERS

THE MATERIALS AT THE SITE ARE PROVIDED "AS IS." SUCH MATERIALS HAVE BEEN GATHERED AND DERIVED FROM SOURCES BELIEVED TO BE RELIABLE, HOWEVER HEDGEALYTIX HAS NOT INDEPENDENTLY VERIFIED THE INFORMATION AND MAKES NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, OF ANY KIND WHATSOEVER, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING REGARDING THE ACCURACY, TIMELINESS, VALIDITY OR COMPLETENESS OF THE INFORMATION, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT OR THAT THE SERVICE WILL REMAIN UNINTERRUPTED.

HEDGEALYTIX FURTHER ASSUMES NO RESPONSIBILITY FOR, AND MAKES NO WARRANTIES THAT, FUNCTIONS OR SERVICES 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 OR OTHER HARMFUL COMPONENTS. HEDGEALYTIX AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES TO, VIRUSES THAT MAY INFECT, OR SERVICES, REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED, ON YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESSING OR USE OF THE SITE. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

THE INFORMATION ON THE SITE IS INTENDED FOR INFORMATIONAL, EDUCATIONAL AND RESEARCH PURPOSES ONLY. ACCORDINGLY, HEDGEALYTIX AND ITS AFFILIATES, DO NOT RECOMMEND, SOLICIT OR OFFER ANY INVESTMENT THROUGH THE SITE AND SHALL NOT BE LIABLE FOR ANY INVESTMENT DECISIONS, ADVICE, LOSS OF PROFITS, COSTS OR ANY OTHER INDIRECT DAMAGES RELATING TO THE SUITABILITY, ADEQUACY, VALIDITY, ACCURACY, TIMELINESS, DELAY OR COMPLETENESS OF ANY INFORMATION ON THE SITE. HEDGEALYTIX ALSO DOES NOT OFFER ADVICE REGARDING THE QUALITY OR SUITABILITY OF ANY INVESTMENT ADVISER OR MANAGER AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY INVESTMENT DECISIONS OR ADVICE, TREATMENT, OR SERVICES RENDERED BY ANY INSTITUTIONAL INVESTOR, EXPERT PANELIST, BROKER DEALER, INVESTMENT ADVISER, INVESTMENT MANAGER, INVESTMENT PROFESSIONAL, ADVERTISER OR ANY OTHER PERSON FEATURED, MENTIONED OR ADVERTISED ON THE SITE.

WITH RESPECT TO THE PERFORMANCE DATA PRESENTED ON THE SITE, YOU SHOULD NOTE THAT PAST PERFORMANCE IS NOT NECESSARILY AN INDICATION, AND IS NOT A GUARANTEE, OF FUTURE PERFORMANCE.

UNAUTHORISED USE OF ANY MATERIAL CONTAINED ON THE SITE MAY VIOLATE COPYRIGHT LAWS, TRADEMARK LAWS, TRADEMARK LAWS, TRADE SECRET LAWS, THE LAWS OF PRIVACY AND PUBLICITY, AND OTHER REGULATIONS AND STATUTES. FOR ANY AUTHORISATION REQUESTS, PLEASE CONTACT US AT support@HedgeAlytix.com.

17. LIMITATION OF LIABILITY AND INDEMNITY

Under no circumstances, including, but not limited to, negligence, shall HedgeAlytix and Its Affiliates be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in the Site, even if HedgeAlytix and/or Its Affiliates have been advised of the possibility of such damages. In no event will HedgeAlytix and Its Affiliates have any liability to you for damages, losses and causes of action (whether in contract, tort, including, but not limited to, negligence, or otherwise) for accessing the Site.

You agree that your breach of these Terms of Use may result in irreparable harm to HedgeAlytix which cannot be compensated by money damages, and that HedgeAlytix shall be entitled to obtain injunctive relief for any such breach.

You agree to defend, indemnify, and hold harmless HedgeAlytix and Its Affiliates and their respective attorneys, licensors, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from your use of the Site, any arrangements you make based on the information available or through the Site, and any breach by you of these Terms of Use or other improper act or omission.

18. GOVERNING LAW

These Terms of Use has been made in and will be construed and enforced in accordance with the laws of the State of Delaware. Any action to enforce these Terms of Use may be brought in the courts of Connecticut, and all parties to these Terms of Use expressly agree to be subject to the jurisdiction of such courts.

The Site is controlled and operated by WaterTower Research from their offices in the United States. HedgeAlytix makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of the Site are illegal is prohibited. Those who choose to access the Site from other locations do so on their own accord and are responsible for compliance with applicable local laws.

19. TERMS AND TERMINATION

These Terms of Use take effect at the time you begin using the Site, thereby indicating acceptance of these Terms of Use, and, at each use thereafter, you shall be deemed to have reaffirmed your acceptance of these Terms of Use. HedgeAlytix reserves the right at any time in its sole discretion to deny you or any Registered User access to the Site or any portion thereof and to terminate these Terms of Use. Termination will be effective without notice.

20. WAIVER

Failure to insist on strict performance of these Terms of Use will not operate as a waiver of any subsequent default or failure of performance. No waiver by HedgeAlytix of any right under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

21. ADMISSIBILITY

A printed version of these Terms of Use and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

22. SEVERABILITY

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of these Terms of Use, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of these Terms of Use, and, if possible, the then invalid or unenforceable provision will be deemed superseded and replaced by a valid, enforceable provision that most clearly matches the intent of the original provision.

23. RESERVATION OF RIGHTS

Any rights not expressly granted herein are reserved.

24. COMMENTS AND CONTACT INFORMATION

HedgeAlytix also welcomes your feedback and suggestions about how to improve the Site. If you have questions regarding the Site or if you are interested in obtaining more information concerning HedgeAlytix and its services, please contact HedgeAlytix at support@HedgeAlytix.com.

25. ENTIRE AGREEMENT

The Terms of Use and Privacy Policy and other terms and conditions and similar provisions that may be applicable to you regarding specific services or features of the Site (all of which are hereby incorporated as if set forth fully herein), represent the entire agreement between you and HedgeAlytix with respect to use of and material available on or through the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and HedgeAlytix with respect to the Site. If you become a Registered User, in addition to the above, you will also be subject to the terms and conditions of the Registered User's Agreement.