Archipelago

Terms and Conditions of Use

These Terms and Conditions of Use (“Terms”) are effective as of October 4, 2019.
This application (“App”) is operated by Archipelago Analytics, Inc. (“Archipelago”, “we” or “us”), located at 995 Market St, San Francisco, CA 94103.   The user (“you”, “your” or “User”) acknowledges that by accessing or using this App you are agreeing to these Terms, including but not limited to our Privacy Policy (referenced below) as modified from time to time. We reserve the right to change, modify, add or remove portions of the Terms at any time for any reason and in our sole discretion. We suggest that you periodically review the Terms for amendments. We will alert you if changes have been made by indicating on the Terms the date they were last amended.

Please feel free to contact us with any questions you might have regarding these Terms. You may send us an e-mail at support@onarchipelago.com.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE APP. YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS IS A CONDITION TO YOUR RIGHT TO ACCESS AND UTILIZE THE APP AND THE DATA, INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE APP. IF YOU DO NOT AGREE TO ALL OF THE TERMS OR ARE IN BREACH OF ANY OF THE TERMS, YOU ARE NOT AN AUTHORIZED USER AND YOU SHOULD NOT AND ARE NOT AUTHORIZED TO USE THE APP OR ANY DATA, INFORMATION, MATERIALS OR SERVICES ON THE APP. UNAUTHORIZED USE OF THE APP IS STRICTLY PROHIBITED. THE APP IS NOT INTENDED FOR USE BY USERS WHO ARE UNDER 13 YEARS OF AGE.

Use of the App

Subject to compliance with the Terms, YOU MAY:

YOU MAY NOT:

Content and Access

We reserve the right to withdraw or update the App or any content or service that we provide on or through the App, in our sole discretion and without notice.  To access the App or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the App that all the information you provide on the App is correct, current and complete. You agree that all information you provide to register with the App or otherwise, including but not limited to through the use of any interactive features on the App, is governed by our Privacy Policy [https://www.onarchipelago.com/privacy], and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You agree to not provide any other person with access to the App or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

Copyrights

All content displayed or otherwise contained on or available via the App, including without limitation all data, images, text and other materials, constitutes the proprietary intellectual property of Archipelago or its licensors, and are protected by U.S. and international copyright laws. By accessing or utilizing the App, except as is incidental and necessary to access the App by your computer or mobile device or as expressly permitted by the Terms, the User agrees not to directly or indirectly copy, modify, recast, create derivative works, post, publish, display, redistribute, disclose, or make available the content or any aspect of the services displayed or otherwise contained on or available via the App, in whole or in part, to any third parties, or assist others to do the same, or otherwise make any commercial use of the materials or services without the prior written consent of Archipelago.

Trademarks and Service Marks

THE DATA, MATERIALS AND INFORMATION ON AND SERVICES PROVIDED THROUGH THE APP ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND. ARCHIPELAGO DOES NOT PROVIDE ANY WARRANTY, EITHER EXPRESS OR IMPLIED, REGARDING THE AVAILABILITY OR ACCURACY OF THE DATA, MATERIALS, INFORMATION OR SERVICES PROVIDED ON THE APP AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE DATA, MATERIALS, INFORMATION AND SERVICES PROVIDED ON THE APP ARE MADE AVAILABLE TO USERS FOR INFORMATIONAL PURPOSES ONLY.

YOU ACKNOWLEDGE THAT ARCHIPELAGO SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO ANY THIRD PARTIES, OR ANY RESPONSIBILITY WHATSOEVER, FOR YOUR RELIANCE ON ANY DATA, INFORMATION, MATERIALS OR SERVICES PROVIDED THROUGH THE APP, THE FAILURE OF ANY CONNECTION OR COMMUNICATION SERVICE, OR ANY INTERRUPTION OR DISRUPTION OF SUCH ACCESS OR ANY ERRONEOUS COMMUNICATION BETWEEN ARCHIPELAGO AND YOU. ARCHIPELAGO SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, FOR THE ACCURACY, QUALITY, TIMELINESS, PERFORMANCE, RELIABILITY, OR COMPLETENESS OF THE DATA, INFORMATION, MATERIALS OR SERVICES CONTAINED ON OR PROVIDED THROUGH THE APP, OR DELAYS, OMISSIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY DATA, INFORMATION, MATERIALS OR SERVICES OR FOR ANY OTHER ASPECT OF SUCH DATA, INFORMATION,  MATERIALS OR SERVICES. IN NO EVENT WILL ARCHIPELAGO BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY BE INCURRED OR EXPERIENCED ON ACCOUNT OF THE USE OF ANY DATA, INFORMATION, MATERIALS OR SERVICES MADE AVAILABLE BY, THROUGH OR ON THE APP, EVEN IF ARCHIPELAGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ARCHIPELAGO SHALL HAVE NO RESPONSIBILITY TO INFORM OR NOTIFY YOU OF ANY DIFFICULTIES EXPERIENCED BY ARCHIPELAGO OR ANY THIRD PARTIES WITH RESPECT TO THE ACCURACY OR USE OF THE DATA, INFORMATION, MATERIALS OR SERVICES PROVIDED ON, BY OR THROUGH THE APP. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE TERMS OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WE MAY REVOKE YOUR ACCESS TO OR UTILIZATION OF THE APP, INCLUDING ANY DATA, INFORMATION, MATERIALS OR SERVICES, FOR ANY REASON WITHOUT PRIOR NOTICE.

Severability

If any of the provisions of the Terms are deemed unlawful or for any reason unenforceable, the same shall be inoperative only to the extent necessary to achieve compliance with applicable law and shall not affect the remaining provisions of the Terms, which shall be given full effect, without regard to the invalid portion(s).

Governing Law/Individual Arbitration of Claims

The laws of the United States of America, State of California shall govern these Terms, without giving effect to any choice of law of conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. YOU AND ARCHIPELAGO AGREE THAT ALL CLAIMS OR DISPUTES CONCERNING THE APP, INCLUDING ALL ASSOCIATED DATA, INFORMATION, MATERIALS AND SERVICES, SHALL PROCEED SOLELY ON AN INDIVIDUAL, NOT CLASS ACTION OR REPRESENTATIVE, BASIS IN BINDING ARBITRATION BEFORE AND SUBJECT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY PARTY MAY APPLY TO A COURT OF COMPETENT JURISDICTION FOR TEMPORARY INJUNCTIVE OR OTHER EQUITABLE RELIEF IN AID OF ARBITRATION.

Privacy Policy

Please review our Privacy Policy [https://www.onarchipelago.com/privacy] for information on how we collect, use, disclose and otherwise manage personal and other information we collect on the App, and the measures we take to safeguard the information.

Unauthorized Use

You may not use any hardware or software intended to damage or interfere with the proper working of the App or to surreptitiously intercept any system, data, information, materials or services from the App, including but not limited to (i) use of any robot, spider or other automatic device, process or means to access the App for any purpose, including monitoring or copying any of the data, information, materials or services on the App; (ii) any attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the App, the server on which the App is hosted, or any server, computer or database connected to the App; or (iii) use any manual process to monitor or copy any of the data, information or material on the App or for any other unauthorized purpose without our prior written consent. You agree not to interrupt or attempt to interrupt the operation of the App in any way. You may not use the App in any way that violates applicable federal, state, local or international law or regulation. You also agree to not impersonate or attempt to impersonate Archipelago, an Archipelago employee, another user or any other person or entity (including, without limitation, by using e-mail addresses, usernames or social media handles associated with any of the foregoing). Archipelago reserves the right, in its sole discretion, to limit or terminate your access to or use of the App at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Archipelago and its licensors may be entitled at law or in equity.

Third Party References and Linking

References and links on the App to any names, trademarks, products, services or content of third parties are provided solely as a convenience to you and do not in any way imply Archipelago’s endorsement or sponsorship of or affiliation with such third party or their services, goods or content.

Additional Terms

Certain portions of the App may contain terms and conditions in addition to these Terms. In the event of a conflict, the additional terms and conditions will govern such portions of the App.