When we refer to ourselves as “we” or “Alaia” in these Terms, we mean our entire company including our affiliates, such as subsidiaries. The term “Website” includes any other website or mobile application owned, operated, licensed, or controlled by us. The term "you" means you and any entity you may represent in connection with the use of the Website, and “your” has the correlated meaning.
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These Terms were last updated on July 1st, 2020.
Before investing, consider the investment objectives, risks, charges and expenses of the UIT. Please contact us for the applicable prospectus or disclosure document. Past performance does not guarantee future results. Please remember that there is no assurance that the objective of any investment will be achieved.
An investment in a UIT is not a bank deposit and is not insured or guaranteed by the Federal Deposit Insurance Corporation or any other government agency.
The Website and its content are provided as a service to customers and are for informational and educational purposes only. You are solely responsible for evaluating the risks and merits regarding the use of the Website and any services provided therein.
Nothing on or in the Website shall be considered a solicitation, recommendation, endorsement or offer by Alaia or by any UIT or any broker-dealer involved in the offer or sale of a UIT to buy or sell any security or other financial instrument or to offer or provide any investment, tax, financial or legal advice or service to any person in any jurisdiction. Any overviews or tools provided through the Website are intended to be general in nature. While intended to be helpful, these overviews and tools are no substitute for professional tax, financial or legal advice. Investors should seek such professional, financial or legal advice for their particular situation. Decisions based on information contained or provided through the Website are your sole responsibility and at your own risk.
The views expressed through the Website were prepared by us based upon the information available at the time such views were written. Changed or additional information could cause such views to change.
Unless otherwise specified, Alaia controls, operates and services the Website from our offices within the State of Connecticut, United States of America. The services and products described and information provided through the Website are directed to and are intended to be made available only to persons in the United States and are not intended for distribution to, or use by, any person in any other country or any jurisdiction where such distribution or use would be contrary to law or regulation or that would subject us, any of the UITs, or any of our affiliated persons to any registration requirement within such jurisdiction or country. Persons who access the Website do so on their own initiative, and are responsible for compliance with applicable local laws or regulations.
The laws of the State of New York and applicable U.S. federal law shall govern these Terms. If you take legal action relating to these Terms, you agree to file such action only in state court in New York County, New York or federal court within the Southern District of New York, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.
We expressly reserve the right to monitor any and all use of the Website. We are under no obligation to do so and assume no responsibility or liability arising from the use of the Website.
Alaia owns and operates the Website. All information and materials contained on the Website are subject to copyright and/or trademark protection laws and are provided solely for your personal non-commercial or internal business use.
All content and tools on the Website are owned by us, except content clearly identified with other persons, which is the property of their respective owners. All trademarks, service marks, and trade names displayed on the Website are proprietary to Alaia, except those clearly identified with other persons, which are the property of their respective owners. The use or misuse of any copyrighted material, trademarks or any other materials on the Website, except as permitted herein, is expressly prohibited and may be in violation of law.
The tools provided on the Website (the “Tools”) are provided for informational and educational purposes only. You are solely responsible for evaluating the risks and merits regarding the use of the Tools.
As between you and Alaia, Alaia owns all intellectual property rights, including all copyrights, in the Tools. Alaia hereby grants you a limited, non-exclusive and revocable license to access and make personal use of the Tools, but you may not modify them, or perform any of the actions described in Section 9 with respect to the Tools, without the express prior written consent of Alaia. These Terms apply in full to the Tools.
Alaia respects the intellectual property rights of others, and we ask all those that access the Website to do the same. Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Alaia designates an agent as described below, to receive notifications of claimed infringement. If you reasonably believe that your work has been copied in a way that constitutes copyright infringement, please provide Alaia's Copyright Agent the following information:
Alaia's Copyright Agent for Notice of claims of copyright infringement on its site is Nicholas Parcharidis who can be reached as follows: nicholas .firstname.lastname@example.org
Alaia may make available links from the Website to other, third party sites or electronic services providers that are not affiliated with Alaia or you may have accessed this Website from the sites of other unaffiliated third parties or electronic service providers who have links to any pages of this Website.
Alaia does not control these other sites or services, and Alaia makes no representations or endorsements whatsoever concerning those sites or services. The fact that Alaia has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are risks in using any information, software, service or product found on the Internet, and Alaia cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Alaia liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites.
Alaia hereby grants you a limited, non-exclusive and revocable license to access and make personal use of the Website, but not to download (other than page caching and mobile applications to authorized platforms) or modify them, or any portion of them, except with the express prior written consent of Alaia. We (or the respective third party owners of related content) retain all right, title, and interest in the Website and any content, features, tools and services offered on the Website, including any and all intellectual property rights. We (or the respective third party owners of content in or on the Website) reserve all rights not expressly granted. Any unauthorized use, including but not limited to those described in Section 9 below, terminates the permission or license granted by Alaia hereby. Alaia may suspend or terminate your access to the Website for any reason, without prior notice. Alaia reserves the right to alter or delete materials from the Website at any time at its discretion.
Any use or attempted use of the Website (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) that could interfere with any other party's use and enjoyment of the Website, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Alaia to be made accessible to a user, or (vi) to obtain or attempt to obtain any materials or information through any means not intentionally made available by Alaia, or (vii) for any use other than the purpose for which it was intended, is prohibited.
In addition, users and visitors of the Website may not:
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use the Website, and Alaia reserves the right to change the access configuration of the Website at any time without prior notice. Please note that wireless networks and Wi-Fi network speeds vary by provider and geographic location. We are not responsible for limitations of such services used to access the Website.
THE MATERIALS IN AND ON THE WEBSITE (INCLUDING ANY GRAPHICS) AND ANY MATERIALS MADE AVAILABLE THROUGH THE WEBSITE ARE SUBJECT TO APPLICABLE STATUTES AND REGULATIONS, AND ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALAIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ALAIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS IN THE WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. ALAIA UNDERTAKES NO OBLIGATION TO MAINTAIN THE CURRENCY OF SUCH INFORMATION.
CERTAIN LINKS IN THE WEBSITE LINK YOU TO OTHER SITES ON THE WORLD WIDE WEB. THE LINKED SITES ARE NOT UNDER THE CONTROL OF ALAIA AND ALAIA IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES AND ALAIA MAKES NO REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER CONCERNING THOSE SITES OR SERVICES. ALAIA IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ALAIA PROVIDES THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY A REFERRAL BY ALAIA TO, OR AN ENDORSEMENT BY ALAIA OF, THE LINKED SITE.
ALAIA ENDEAVORS TO MAINTAIN THE WEBSITE AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT EXIST IN THE WEBSITE OR ITS OPERATION. AS TO THE OPERATION OF THE WEBSITE, ALAIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALAIA MAKES NO WARRANTY THAT (I) THE OPERATION OF THE WEBSITE WILL MEET THE USER'S REQUIREMENTS; (II) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FREE OF ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT ALAIA) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THE WEBSITE.
UNDER NO CIRCUMSTANCES SHALL ALAIA BE LIABLE FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITY OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE WEBSITE, WHETHER IN AN ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE IN THE WEBSITE OR THE UNAVAILABILITY OF THE WEBSITE. ALAIA SHALL NOT BE LIABLE EVEN IF ALAIA OR AN ALAIA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS OR OTHER HARMFUL COMPONENT.
IN NO EVENT SHALL ALAIA’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT PAID BY YOU FOR ACCESSING THE WEBSITE AND $50.00 USD. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN EACH INSTANCE THE LIMITATIONS AND EXCLUSIONS SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED BY LOCAL LAW, EXCEPT WHERE A CAP IS NOT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Alaia, its members, affiliates and/or partners, and its and their officers, directors, partners, shareholders agents, licensees and employees from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney's fees that may, at any time, arise out of or relate to your authorized, unauthorized, lawful or unlawful use of the Website or content therein, your breach of the Terms, as may be modified from time to time in Alaia's sole discretion, your inability to access the Website, the use of any linked web sites, your reliance on any errors or omissions in the Website, or the propagation and/or contraction of any computer virus in connection with your use of the Website and/or the related content.
Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from the Website may not be secure. Delivery, and timely delivery, of electronic mail is also not guaranteed. Alaia therefore recommends that you do not send time-sensitive or action-oriented messages to us via electronic mail. Such requests, orders, or instructions will not be processed until we can confirm your instructions or obtain appropriate written documentation where necessary.
Any notices to you from Alaia regarding the Website or these Terms will be posted on the Website or made by e-mail or regular mail. When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms. Neither these Terms, nor any content, materials or features of the Website create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way. If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will be deemed severable and will remain in full force and effect. No waiver of any right under these Terms by Alaia will be deemed a waiver of any other right, term or provision of these Terms.
Please contact us here if you have any questions or concerns about these Terms. email@example.com