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Terms of Use

  1. Acceptance of the Terms and Conditions

1.1. Open Alfa LLC (dba Open Alfa) (herein referred to as the “Company,” “we,” “us” or “our”) provides and makes available this web site (the “Web Site”).  All use of the Web Site is subject to the terms and conditions contained in this Terms of Use Agreement (the “Agreement”).  Please read this Agreement carefully.  By accessing, browsing or otherwise using the Web Site, you acknowledge that you have read, understood, and agree to be bound by this Agreement.  If you do not accept the terms and conditions of this Agreement, you shall not access, browse or use the Web Site.

1.2. You understand and agree that we may change this Agreement at any time without prior notice.  You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Use” link on the Web Site.  The revised terms and conditions will become effective at the time of posting.  Any use of the Web Site after such date shall constitute your acceptance of such revised terms and conditions. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Web Site.

1.3. Your access to and use of the Web Site is also subject to the Company’s Privacy Policy (located elsewhere on this Web Site), the terms and conditions of which are hereby incorporated herein by reference.

  1. Use of the Web Site

2.1. This Web Site contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third-parties.  The Content is protected by United States and foreign intellectual property laws.  Unauthorized use of the Content may result in violation of copyright, trademark, and other laws.  You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under this Agreement.  No other use is permitted without our prior written consent.  You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of any of the Content on any other web site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Web Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.

2.2. The trademarks, service marks, and logos of the Company (the “Company Trademarks”) used and displayed on this Web Site are registered and unregistered trademarks or service marks of the Company.  Other company, product, and service names located on the Web Site may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with the Company Trademarks, the “Trademarks”).  Nothing on this Web Site or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Web Site without the prior written consent of the Company specific for each such use.  The Trademarks may not be used to disparage the Company or the applicable third-party, the Company’s or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks.  Use of any Trademarks as part of a link to or from any web site is prohibited without the Company’s prior written consent.  All goodwill generated from the use of any Company Trademark shall inure to the Company’s benefit.

2.3. You agree not to: (a) take any action that imposes an unreasonable load on the Web Site’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site or any activity being conducted on the Web Site, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Web Site, (d) delete or alter any material posted on the Web Site by the Company or any other person or entity, or (e) frame or link to any of the materials or information available on the Web Site.

2.4. The Web Site contains links to third-party web sites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites.  The content of such External Sites is developed and provided by others.  You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.

We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs.  If you decide to access any External Sites, you do so at your own risk.

2.5. Certain elements of the Web Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by Section 2.1 of this Agreement. None of the Content for this Web Site may be retransmitted without the express written consent from the Company for each and every instance.

2.6. We may make improvements and/or changes to this Web Site at any time. Although we attempt to periodically update information on this Web Site, the information, materials and services provided on or through this Web Site may occasionally be inaccurate, incomplete or out of date. We do not have a duty to update information contained in this Web Site, and we will not be liable for any failure to update such information. We make no representation as to the completeness, accuracy or currentness of any information on this Web Site, and we undertake no obligation to update or revise the information contained on this Web Site, whether as a result of new information, future events or circumstances or otherwise. It is your responsibility to verify any information contained in this Web Site before relying upon it.

2.7. This Web Site may contain links to websites operated by other parties.  The linked sites are not under the control of the Company, and we are not responsible for the content available on any other Internet sites linked to this Web Site.  Such links do not imply our endorsement of material on any other site, and we disclaim all liability with regard to your access to such linked websites. We provide links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this Web Site is at your own risk.

  1. Limitation of Liability and Disclaimer of Warranties

3.1. THE COMPANY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY.  THE COMPANY PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE.  YOU AGREE THAT YOU USE THE WEB SITE AND THE CONTENT AT YOUR OWN RISK.

THE COMPANY PARTIES DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR‑FREE OR THAT THE WEB SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEB SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO COMPANY PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.

THE WEB SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON‑INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

3.2. IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

3.3. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.  IN SUCH STATES, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

  1. Indemnification

You agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content or Web Site.  The Company shall provide notice to you of any such claim, suit, or proceeding.  The Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting the Company’s defense of such matter.

  1. Termination of the Agreement

5.1. The Company reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Web Site or the Content at any time and for any reason without prior notice or liability. The Company reserves the right to change, suspend, or discontinue all or any part of the Web Site or the Content at any time without prior notice or liability.

5.2. Sections 2 (Use of the Web Site), 3 (Limitation of Liability and Disclaimer of Warranty), 4 (Indemnification), 5 (Termination of the Agreement), and 8 (Miscellaneous) shall survive the termination of this Agreement.

  1. User Must Comply with Applicable Laws

6.1. This Web Site is based in the United States.  We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States.  If you access the Web Site or the Content from outside of the United States, you do so at your own risk.  Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

6.2. The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.

  1. U.S. Government Restricted Rights

The Content is provided with “RESTRICTED RIGHTS.”  Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor.  Use of the Web Site or Content by the Government constitutes acknowledgement of our proprietary rights in the Web Site and Content.

  1. Miscellaneous

This Agreement is governed by the internal substantive laws of the state of Delaware, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the state of Delaware, USA.   If any provision of this Agreement is 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 this Agreement, which shall remain in full force and effect.   Failure of the Company to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement.  No waiver shall be effective against the Company unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by the Company and you, this Agreement constitutes the entire Agreement between you and the Company with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.  The section headings are provided merely for convenience and shall not be given any legal import.  This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.  Any information submitted or provided by you to the Web Site might be publicly accessible.  Important and private information should be protected by you.  The Company is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.

Data Privacy Policy

Our Policy:

Welcome to the website (the “Website”) of Open Alfa LLC (dba Open Alfa) (“Open Alfa”, “we”, “us” and/or “our”). This Website has been created to provide information about our Company including our portfolio company investments. This Privacy Policy sets forth Open Alfa’s policy with respect to information, including personally identifiable data (“Personal Data”) and other information, which is collected from Website visitors.

Information We Collect:

 When you interact with us through the Website, we may collect Personal Data and other information from you, as further described below:

Personal Data that you provide through the Website: We collect Personal Data from you when you voluntarily provide such information, such as when you contact us with inquiries. Whenever we collect Personal Data we make an effort to provide a link to this Privacy Policy.

By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to this Website, you acknowledge and agree that such

Personal Data may be transferred from your current location to the offices and servers of the Company and the authorized third parties referred to herein located in the United States.

Other Information:

 Non-Identifiable Data: When you interact with Open Alfa through the Website, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. This Website may use such information and pool it with other information to track, for example, the total number of visitors to our Website, the number of visitors to each page of our Website, and the domain names of our visitors’ Internet service providers. It is important to note that no Personal Data is available or used in this process.

In operating this Website, we may use a technology called “cookies.” A cookie is a piece of information that the computer that hosts our Website gives to your browser when you access the Website. Our cookies help provide additional functionality to the Website and help us analyze Website usage more accurately. For example, we use Google Analytics cookies to help us to understand how users arrive at our Website, browse or use our Website and highlight areas that can be improved, such as navigation. The data stored by these cookies never show personal details from which users’ individual identities can be established.  In all cases in which we use cookies, we will not collect Personal Data except with your permission. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Website’s features.

Use of web beacons

Some of our web pages may contain electronic images known as web beacons (sometimes known as clear gifs) that allow us to count users who have viewed these pages of the Website. Web beacons collect only limited information which includes a cookie number, time and date of a page view, and a description of thepage on which the web beacon resides.

Our Use of Your Personal Data and Other Information:

 Open Alfa uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by e-mail, we will use the Personal Data you provide to answer your question or resolve your problem. Open Alfa may also use other personally non-identifiable information collected through the Website to help us improve the content and functionality of the Website, to better understand our users and to improve the Company Services. In addition, if at any time you wish not to receive any future communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.

If Open Alfa intends to use any Personal Data in any manner that is not consistent with this Privacy Policy, we will revise our policy and make it available on our Web site.

Our Disclosure of Your Personal Data and Other Information:

 Open Alfa is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:

Related Companies: We may share your Personal Data with our Related Companies for purposes consistent with this Privacy Policy.

Agents, Consultants and Related Third Parties:  Open Alfa, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases, and processing payments. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

Legal Requirements: Open Alfa may disclose your Personal Data if required to do so by law or a regulator or in the good faith belief that such action is necessary to (i) comply with a legal or regulatory obligation, (ii) protect and defend the rights or property of Company, (iii) act in urgent circumstances to protect the personal safety of users of the Website or the public, or (iv) protect against legal liability.

Exclusions:

 This Privacy Policy does not apply to any Personal Data collected by Open Alfa other than Personal Data collected through the Website. This Privacy Policy shall not apply to any unsolicited information you provide to Open Alfa through this Website or through any other means. All unsolicited information shall be deemed to be non-confidential and Open Alfa shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution.

Children:

 Open Alfa does not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not submit any Personal Data through the Website. We encourage parents and legal guardians to monitor their children’s Internet usage and to help to enforce our Privacy Policy by instructing their children never to provide Personal Data on this Website without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to Open Alfa through this Website, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites:

 This Privacy Policy applies only to the Open Alfa Website. This Website may contain links to other websites not operated or controlled by Open Alfa (the “Third Party Websites”). The policies and procedures we described here do not apply to the Third Party Websites. The links from this Website do not imply that Company endorses or has reviewed the Third Party Websites. We suggest contacting those websites directly for information on their privacy policies.

Security:

 Open Alfa takes reasonable steps to protect the Personal Data provided via the Website from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from this website may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data to Open Alfa via the Internet.

Other Terms and Conditions:

 Your access to and use of this website is subject to the Terms of Use (described elsewhere on this website).

Changes  to  Open Alfa’s  Privacy  Policy:

 The Website and our business may change from time to time. As a result, at times it may be necessary for Open Alfa to make changes to this Privacy Policy. Open Alfa reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice.

Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the website after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

Contacting   Company:

To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via this website.

Please also feel free to contact us if you have any questions about Open Alfa’s Privacy Policy or the information practices of this website.

You may contact us as follows: This email address is being protected from spambots. You need JavaScript enabled to view it.