These Terms include a waiver of any right you would otherwise have to participate in a class action litigation against Trout. Details on the waiver are in section 11 below.
a) Acceptance. By clicking the boxes below to accept these Terms, and/or by accessing and using Our Application, You accept and agree to be legally bound by these Terms and all prospective amendments to these Terms. If You do not agree to these Terms, do not use this Application or any of Our features, products, or services within the Application.
b) Amendment. We may amend these Terms from time to time in Our sole discretion. All amendments to these Terms will be effective immediately upon posting or upon a date that we specify. Your continued access to Our Application constitutes an agreement to be bound to the Terms then effective and as amended. You also agree to accept notice of posting of any amendments or new terms through Us posting such amendments or new terms in the Application. Please review the Terms periodically so you are aware of any amendments. In case of material changes to the Terms, we ordinarily will provide notice by posting on the home page of Our Application, by email, or both, in advance of the effective date of the changes. We also will post notice of changes in summary form at the top of these Terms.
c) Additional Terms. Although you are always bound by the Terms, in using additional features, products, or services you may be bound by and subject to additional terms, including but not limited to Frequently Asked Questions ("FAQs"), guidelines, and rules applicable to certain features, products, or services. These additional terms may be posted and modified periodically. Any and all additional terms will not change or replace these Terms regarding use of the Application, unless expressly stated.
d) Capacity. This Application is designed for use by companies and their employees working with Trout as well as employees of Trout. It is intended as a service for adults aged eighteen (18) and over. We will assume (and by using this Application You warrant that) You have legal capacity to enter into the agreement set out in these Terms, including but not limited to, that You are of sufficient age and mental capacity, and are otherwise entitled to legally bind You and the business entity you represent with regard to these Terms.
2. Trout Access Account.
a) Login. Our Application requires an account login feature to allow You to research and save information for Your contacts, calendar, and notes. We reserve the right to determine, in Our sole discretion, any features, products, or services offered as part of the Application.
b) Eligibility; Account Information. In order to create an account, you must be at least eighteen (18) years of age and complete the registration process by providing Us with complete, current, and accurate information as requested in our Application registration form. By creating an account, You agree to provide true, accurate, and current data in connection with that account. Any usernames and passwords used for this Application are for individual use only. You are solely responsible for maintaining the security and confidentiality of the password You use to access Your account. You agree to notify Trout immediately of any unauthorized use of Your username, password, or account, or any other breach of security. We are not liable for any loss that You may incur as a result of someone using Your username, password, or account, either with or without Your knowledge.
THIS APPLICATION IS NOT AVAILABLE TO (1) ANY PERSONS SUSPENDED OR REMOVED FROM THE APPLICATION BY TROUT, OR (2) ANY PERSON ON THE U.S. DEPARTMENT OF COMMERCE, BUREAU OF INDUSTRY AND SECURITY'S DENIED PERSONS LIST, OR LOCATED IN SUCH BUREAU'S SPECIFIED EMBARGOED COUNTRIES. IN USING THIS APPLICATION, YOU REPRESENT THAT YOU HAVE NOT BEEN SUSPENDED OR REMOVED FROM THE APPLICATION. PERSONS CHOOSING TO ACCESS THIS APPLICATION DO SO AT THEIR OWN DISCRETION AND INITIATIVE, AND ARE RESPONSIBLE FOR COMPLIANCE WITH THESE TERMS, ALL LOCAL LAWS, AND RULES, INCLUDING BUT NOT LIMITED TO, U.S. FEDERAL AND STATE SECURITIES LAWS AND REGULATIONS, AND SUCH LAWS AND RULES REGARDING THE INTERNET, DATA, EMAIL, ELECTRONIC MESSAGES, PRIVACY, AND SECURITY.
c) Social Features. You understand and agree that the Application may include comments and additional social network/engagement functions and Your activities (e.g., browsing, content viewing, comment posting, interactions with individuals and Trout on the Application, etc.) may be shared with others both on and off the Application. If you do not want Your activities to be shared, Your only option is to not use the Application.
d) Length. Your account will continue until You request to cancel Your account or Trout, in its sole discretion, cancels Your account, including without limitation, because You are no longer a client with Trout unless other accommodations are agreed to between You and Trout for Your continued use of the Application as a guest.
e) Use. The Application and its contents are for Your business use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services, or features obtained from the Application without Our prior written consent. Your account may not be assigned or transferred to any other person or entity, nor may You provide any other person or entity with access to Your account, either directly or indirectly. In addition, You are not permitted to use the Application with any Software not authorized by Trout and/or to make the Application or data accessible therefrom available to third parties unauthorized by Trout including, but not limited to, using the Application or such data with any service bureau operation.
f) Unavailability. Your access to the Application and Your account may be unavailable or interrupted from time to time for a variety of reasons, many of which We cannot control. We are not responsible for any interruptions of Your access to the Application or Your account, or any of the consequences from such interruptions.
g) Right to Refuse. Trout reserves the right to refuse or revoke service or access to the Application to You or any user at any time.
3. Termination; Modification.
Without any further notice and at any time, You understand and agree that Trout may terminate, cancel, deactivate, and/or suspend Your access to the Application and to Your account, including any and all of Your contacts, comments, activities, data, inputs, or any other information or material in any form. Trout reserves the right to discontinue, modify, alter, or change any policy, feature, product, or service of the Application, including Your account. You understand, acknowledge, and agree that Your sole right regarding the termination or modification of Your account or the Application, is to cancel Your account and to stop using the Application. To cancel your account, email email@example.com.
5. Conduct And Acceptable Use.
The following rules are a condition of Your use of and access to the Application. You are responsible for the content of Your communications and representations on the Application, and those communications and representations made in Your account on the Application.
We may require, at any time, proof that You are following these rules. We reserve the right to take, or refrain from taking, any and all steps available to Us, including suspending or terminating Your access to the Application or seeking other legal or equitable remedies, once We become aware of any violation of these Terms.
a) No Interference. You may not interfere with any other user from using or enjoying the Application.
b) No Bullying. You may not use the Application to threaten, abuse, harass, or invade the privacy of any person.
c) Content Posted By You Must Be Yours. You may not upload, post, transmit, or otherwise distribute or facilitate the distribution of content that is fraudulent or infringes the rights of any third party, including without limitation, patent, trademark, copyright, right of publicity, or other proprietary rights.
d) Your Materials Must Be Lawful And Appropriate. You may not upload, post, or otherwise distribute or facilitate the distribution of any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, indecent, or otherwise inappropriate information of any kind, including without limitation, any images or other material of a sexual nature.
e) Do Not Damage Our Application Or Servers. You may not upload, post, or otherwise distribute or facilitate the distribution of software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software, hardware, or portion of the Application, any other online services, or to obtain unauthorized access to the Application, content, or any data or other information of any third party.
f) No Unauthorized Access. You may not attempt to gain unauthorized access to other computer systems or networks connected to the Application or use the Application, its content, or any information contained therein for any unlawful purpose. Trout, in its sole and absolute discretion, shall determine whether any content You transmit or receive or Your use of the Application and its content violates this provision.
h) Be Yourself. You may not impersonate, falsely state, or otherwise misrepresent Your professional or other affiliation to Trout or with any other person or entity.
i) No Criminal Or Unlawful Conduct. You may not use the Application or its content or any information contained therein for any unlawful purpose, and You may not encourage conduct that would constitute a criminal offense or give rise to civil liability. You may not use any services in connection with any site or other use that contains or is associated with information or content prohibited by this section.
j) Follow These Terms And Conduct Rules. You may not take any action on the Application that violates any applicable law or these Terms.
6. User Submissions And Content.
The Application may provide certain features that permit You and other users to submit content or information, which may include text, pictures, videos, messages, suggestions, materials, works of authorship, ideas, or concepts ("User Content"). At times, this content may be shared by You, other users, or Trout.
By submitting such User Content, You are assigning and transferring any and all right, title and interest in User Content to Trout, including any moral rights. You represent and warrant that User Content does not infringe any thirdparty intellectual property rights. You agree not to transmit any unlawful, threatening, harassing, libelous, defamatory, obscene, pornographic, or profane material, any material submitted without permission under another person's name, or other material that could constitute or encourage conduct that could be considered a criminal offense or violate any law. You shall not, without the express written approval of Trout, submit any materials which contain advertising or any solicitation with respect to products or services. Trout shall have the right, in its sole discretion, to edit or remove any material portion of User Content, which in its sole discretion, it finds to be in violation of the provisions of this agreement or otherwise objectionable.
EXCEPT TO THE EXTENT REQUESTED BY TROUT PURSUANT TO THE CONTEMPLATED BUSINESS PURPOSE OF THE APPLICATION, DO NOT PROVIDE YOUR PERSONAL INFORMATION – INCLUDING BUT NOT LIMITED TO CONTACT DETAILS SUCH AS YOUR HOME OR PERSONAL TELEPHONE NUMBER, OR YOUR PERSONAL EMAIL ADDRESS, IN ANY PART OF THE APPLICATION ACCESSIBLE TO OTHER USERS.
7. Ownership; Proprietary Rights.
All Application content and materials including, but not limited to, articles, other text, logos, photographs, illustrations, graphics, product names, designs, logos, video material, and audio clips (collectively, "the Intellectual Property") are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned, licensed or controlled by Trout or the party credited as the provider or owner of the Intellectual Property. The compilation (meaning the collection, arrangement, and assembly) of all content on the Application is the exclusive property of Trout and protected by United States and international copyright laws. Except as expressly authorized by Trout, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of all Application content and materials.
8. ThirdParty Sites, Products, & Services; Links.
The Application may contain links to third party websites and applications ("ThirdParty Sites"). TROUT IS NOT RESPONSIBLE FOR THIRDPARTY SITES AND THEIR CONTENT. THE THIRDPARTY SITES ARE NOT CONTROLLED BY TROUT. ACCORDINGLY, TROUT MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRDPARTY SITES, HAS NO RESPONSIBILITY FOR THE CONTENTS OF SUCH THIRDPARTY SITES, AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRDPARTY SITES. YOUR USE OF THIRDPARTY SITES IS AT YOUR OWN RISK. THE INCLUSION ON THE APPLICATION OR OTHER SERVICE OF A LINK TO A THIRDPARTY SITE DOES NOT IMPLY AN ENDORSEMENT BY TROUT. WHEN YOU ACCESS ANY OF THESE THIRDPARTY SITES, PLEASE UNDERSTAND THAT IF YOU VISIT THIRDPARTY SITES THEN YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THOSE SITES WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE SITES.
9. Disclaimer; No Warranties; Limitation On Liability And Damages.
SUBJECT TO THE FINAL PARAGRAPH OF THIS SECTION, TROUT AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES, OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED WITHIN THE APPLICATION, CONTENT, OR USER CONTENT FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE EXTENT ALLOWABLE BY LAW, TROUT AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NONINFRINGEMENT.
YOU ALSO SPECIFICALLY AGREE THAT TROUT IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE APPLICATION BY ANY THIRD PARTY. YOU FURTHER AGREE THAT TROUT AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE APPLICATION AND/OR MAY DISCONTINUE ANY PART OF THE APPLICATION AT ANY TIME.
ALSO SUBJECT TO THE FINAL PARAGRAPH OF THIS SECTION AND TO THE EXTENT ALLOWABLE BY LAW, IN NO EVENT SHALL TROUT AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN TROUT'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APPLICATION, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION AND TERMINATE YOUR ACCOUNT.
10. Indemnification; Hold Harmless.
You agree to indemnify and hold Trout, its employees, officers, directors, investors, agents, consultants, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of Trout harmless from all claims, liabilities, losses, damages, and expenses (including attorneys' fees and expenses) arising out of or relating to Your breach or alleged breach of any terms or conditions contained in this agreement.
These Terms are governed by the laws of the State of New York, without respect to its conflict of laws principles. Jurisdiction for any claims, lawsuits, or other actions (collectively, "Claims") arising under this agreement shall lie exclusively with the state or federal courts within New York City, New York. If any provision of the Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term.
You agree that neither You, nor Your representatives, shall have the right or authority to bring any Claims on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other subscribers, or other persons similarly situated.
Trout may assign its rights and obligations under these Terms, and any assignment will inure to the benefit of Our successors, assigns, and licensees.
If any provision of these Terms is found invalid, illegal, or unenforceable by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect, as shall this agreement, as if such invalid, illegal, or unenforceable provisions had never been a part of these Terms.
Sections 4, 6, 7, 8, 9, 10, 11, 13, 15, 17, 19, and 20 shall survive any termination of this agreement.
All headings used in these Terms are for reference purposes only and shall not be used to interpret, analyze, or construe these Terms or the terms, representations, covenants, agreements, certifications, declarations, affirmances, or statements contained herein.
16. Entire Agreement.
17. No Waiver.
No waiver of any of these Terms by Trout is binding unless authorized in writing by an executive officer of Trout. If Trout waives a breach of any provision of the Terms, any such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of the Terms and will in no manner affect the right of Trout to enforce the same at a later time.
18. Children's Online Privacy Protection Act ("COPPA") Notification.
This Application is not designed or intended for use by children under the age of 18. Pursuant to 47 U.S.C. Section 230(d) as amended, Trout hereby notifies You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation website, http://www.eff.org.
19. Digital Millennium Copyright Act.
Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on the Application, should be promptly sent in the form of written communication to Solebury Trout, 740 Broadway, 9th Floor, New York, NY 10003 Attn: Thomas Hoffmann, Facsimile: (646) 378¬2901 or firstname.lastname@example.org. All claims must include the following information:
a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site or application are covered by a single notification, a representative list of such works at that site or application;
c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
d) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Email : email@example.com
Address : 740 Broadway, 9th Floor, New York, NY 10003
Phone : (646) 378-2900
Last Updated: May 17, 2018
Solebury Trout LLC (740 Broadway, 9th Floor, New York, NY 10003, firstname.lastname@example.org) ("Trout," "Company," "We," "Us," or "Our") is committed to protecting and respecting your privacy. Under Section 13 German Tele Media Law (TMG), We are a service provider as well as controller under Section 3 German Federal Data Protection Act (BDSG) and the EU General Data Protection Regulation (Regulation (EU) 2016/679).
The App enables employees of Trout, its clients (“Clients”), and certain professionals in the investment community (“Investment Professionals”) to access the Company’s internal address book, meeting schedules, and other information relevant to Trout’s services. By using the App, a Client gains access to business contact information of certain Investment Professionals with whom Trout has a relationship, as well as information about the Client’s prior and upcoming meetings with said Investment Professionals. Users who are Investment Professionals gain access to business contact information of Trout clients to whom Trout has introduced them, and information about prior and upcoming meetings with said Clients. An account from Trout is necessary for all users using the App.
1. Personal Information Collection
1.1. Information from your use of Application:
Trout collects personal information that your internet browser, mobile device, and/or tablet sends whenever you visit or use this Application. This information may include, without limitation:
1.2. Information you provide to us:
Trout further collects personal information that you provide to us. This information includes but is not restricted to:
2. Cookies and Related Technology
2.2. We use session-based cookies, persistent cookies and third-party cookies.
2.3. These cookies help us doing a number of things to enhance your experience, including:
3. USING PERSONAL INFORMATION
Trout uses your personal information to:
Trout’s Application is not intended for use by children under the age of sixteen (16). We do not knowingly collect or store any personal information from children under the age of sixteen (16).
5. DISCLOSURE TO THIRD PARTIES
Trout will make personal information available to third parties who provide services to Trout where it is necessary for the provision of those services. Trout currently engages Quintet Consulting UG (“Quintet”) to provide technical and application development services in relation to the Application and Quintet Consulting may have access to personal information stored in the Application for the purpose of providing those services. Quintet has committed in a written, binding agreement not to use or access any personal information for any purpose other than to provide the aforementioned services, and to comply with all applicable laws and regulations governing your personal information.
Trout may otherwise disclose your personal information where required by law or applicable regulatory requirement, including to meet national security or law enforcement requirements. Trout is subject to the investigatory and enforcement powers of the United States Federal Trade Commission and/or the United States Department of Transportation.
6. SECURING YOUR DATA
Trout will take reasonable technical and organizational precautions to prevent the loss, misuse, disclosure, or alteration of your personal information. Trout will store all the personal information you provide on its secure servers.
Usernames & Passwords: It is important that you protect and maintain the security of any account and that you notify us immediately of any unauthorized use of your Trout and/or Application account. Do not disclose your password to anyone else.
7. OTHER APPLICATIONS & WEBSITES
This Application may contain links to other applications and websites that are not owned or controlled by Trout. Trout is not responsible for the privacy policies or practices of any other such applications or websites and encourages you to review the privacy policies of those applications and websites.
Trout is unable to provide a continuous review of all external links. If Trout is aware of an indication of a violation of law, Trout will delete the link to this website or application.
Trout will retain your personal information for as long as is necessary for the purposes specified in this policy. Personal information provided by Investor Relations clients will be retained for at least as long as the duration of the contract between Trout and the relevant client. The personal information of other users of the Application will be retained until the inform Trout that they no longer wish their information to be available to other users of the Application.
9. INDIVIDUAL RIGHTS
After providing personal information to Trout, you will have various rights in respect of the information you provide. These include your right to:
If you wish to exercise any of the rights set out above, please use the contact details below.
Trout commits to cooperate with EU data protection authorities (DPAs) and comply with the advice given by such authorities with regard to data transferred from the EU. In compliance with the Privacy Shield Principles, Trout commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Thomas Hoffmann via the information listed in Section 10 below.
You also have the right to lodge a complaint with a relevant data protection supervisory authority, in particular in the EU member state of your residence or, if relevant, where the alleged infringement has taken place.
Please send any request to exercise your individual rights, or any other comments or questions you have about this policy to:
Email : email@example.com
Address : 740 Broadway, 9th Floor, New York, NY 10003
Thomas Hoffmann (firstname.lastname@example.org) or +1 646-378-2900.
Last Updated: July 30, 2018