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Terms of Use

Last Updated: Jan 17, 2017

Applied Academics LLC (“Applied Academics” or “we” or “us”) provides the content posted on this Website subject to the following Terms of Use. By accessing and using the Website, you agree to be bound by these Terms of Use. These Terms of Use incorporate the entirety of the Applied Academics Privacy Policy posted on the Website. Please read these Terms of Use carefully. If you do not agree with these Terms of Use, please do not use the Website.

These Terms of Use apply to the AppliedAcademics.com website (the “Website”) located within the AppliedAcademics.com domain.

1. Website Content

The Website, including without limitation the text, graphics, photographs, software, video and audio content, and the like that appear on the Website (the “Website Content”), is owned by or licensed to Applied Academics, and is subject to copyright and other intellectual property rights under United States, foreign laws and international conventions. Users may not re-post, republish, reproduce or copy the Website Content to other web sites, or otherwise, without the prior written consent of Applied Academics. Users cannot sell, or distribute, Website Content to third parties, prepare derivative works of or otherwise exploit Website Content without the prior written permission of Applied Academics. To request permission to re-post, republish, reproduce, copy, sell, distribute, prepare derivative works of or otherwise exploit Website Content, please submit your request in writing via e-mail to inquiries@appliedacademics.com. Applied Academics has no obligation to grant you permission to re-post, republish, reproduce, copy, sell, distribute, prepare derivative works of or otherwise exploit Website Content.

All of the Applied Academics trademarks, service marks and logos are owned by or licensed to Applied Academics and may not be used for any purpose without the prior written consent of Applied Academics, such consent shall be given in the sole discretion of Applied Academics.

2. Permitted Uses

The Website is designed to offer users summaries of academic articles for educational purposes only without regard to any particular user’s investment objectives, financial situation or means. Applied Academics does not provide investment or financial advice to you through the Website, nor do we provide you with financial or investment services through the Website. You agree that the Website and your use of the Website does not and will not constitute an offer or sale of any security, financial product, instrument or trading strategy (or the solicitation or recommendation thereof).

You agree that the Website and your use of the Website does not and will not constitute investment advice and that you will not rely on any Website Content when making an investment decision, or when buying or selling securities, financial products or instruments. You agree not to use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Website in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any Applied Academics’ server, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to any Applied Academics’ server, through hacking, password or data mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you on the Website. You will not link to any part of the Website if such activity is illegal, will cause damage to, or will otherwise harm Applied Academics or any other party.

Moreover, Applied Academics reserves the right in its sole discretion to disable or otherwise terminate your use of the Website, or any links you make to the Website, or request you to do the same.

Applied Academics does not guarantee the Website Content is accurate, current, complete or that it provides all relevant or necessary information surrounding a particular topic. The Website Content should not be relied upon. The fact Applied Academics has made the Website Content provided on the Website available to you constitutes neither a recommendation that you enter into a particular transaction nor a representation that any product described on the Website is suitable or appropriate for you. Many of the products described on the Website involve significant risks, and you should not enter into any transactions unless you have fully understood all such risks and have independently (without relying on the Website Content whatsoever) determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned. You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult your business advisor, attorney, and tax and accounting advisors concerning any contemplated transactions.

Applied Academics reserves all of its rights in the Website not expressly granted to you by these Terms of Use.

3. User Accounts

If you create a user account for the Website, you agree to complete the registration process by providing current, complete, and accurate information as required by Applied Academics. You are responsible for all activities that occur under your account. You agree to notify Applied Academics immediately of any unauthorized use of your account or any other breach of security. Applied Academics will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by Applied Academic or another party due to someone else using your account. You may not use anyone else’s account at any time.

4. Privacy

These Terms of Use incorporate the entirety of the Applied Academics Privacy Policy posted on this Website and available here.

5. Claim of Copyright Infringement

Applied Academics respects the intellectual property of others. If you believe in good faith that any Website Content, or other matter posted on the Website infringes the copyright in a work you own, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following: A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed; Identification of the copyrighted work allegedly infringed; Identifying information reasonably sufficient to allow determination by Applied Academics of the location of the material that is allegedly infringing; Information reasonably sufficient to permit Applied Academics to contact you; A statement that you have 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 A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact Applied Academics’ designated DMCA Copyright Agent:

Yoshiki Obayashi

Phone: +1.917.262.0516

inquiries@appliedacademics.com

6. Links to Other Websites

The Website may contain advertisements and/or links to other sites (“Third Party Websites”). These links are provided solely for the convenience of the users. Applied Academics does not endorse, sanction or verify the accuracy or ownership of the information contained in the advertisements or the content of any Third Party Website or any products or services advertised on Third Party Websites. If you decide to leave the Website and navigate to Third Party Websites, or install any applications, software or download content from any such websites, you do so at your own risk. Once you access a Third Party Website through a link on the Website, you may no longer be protected by these Terms of Use and you may be subject to the terms of use and other conditions of such Third Party Website. You should review the applicable terms and policies, including privacy and data gathering practices, of any such site to which you navigate to from the Website, or relating to any applications you use or install from such Third Party Websites. Concerns regarding a Third Party Website should be directed to the Third Party Website itself. Applied Academics bears no responsibility for any action associated with any Third Party Website. Moreover, Applied Academics does not imply an affiliation with any Third Party Website.

7. Limitation of Liability and No Warranties

TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU AS IS AND APPLIED ACADEMICS SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR THE USE OR THE RESULTS OF THE USE OF THE SERVICES WITH RESPECT TO THEIR CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS OR CONTINUED AVAILABILITY AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE, ITS CONTENTS, AND ANY SERVICE PROVIDED VIA THE WEBSITE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE WEBSITE AND WEBSITE CONTENT. IF YOU ARE DISSATISFIED OR HARMED BY APPLIED ACADEMICS, THE WEBSITE OR ANYTHING RELATED TO APPLIED ACADEMICS, YOU MAY LEAVE APPLIED ACADEMICS AND TERMINATE YOUR USE OF THE WEBSITE AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, IN NO EVENT WILL APPLIED ACADEMICS, NOR ANY OF ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, MEMBERS OR MANAGERS (COLLECTIVELY, THE “APPLIED ACADEMICS ENTITIES”) OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE WEBSITE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE WEBSITE, EVEN IF THE APPLIED ACADEMICS ENTITIES OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

In addition, please note that the Website may include technical and factual inaccuracies or typographical errors. Applied Academics has the right at any time to change, modify, correct, add to, discontinue, or retire any aspect or feature of the Website, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Website (or any part thereof) on any particular device or communications service. Applied Academics has no obligation to provide you with notice of any such changes, and Applied Academics is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Website.

8. Indemnification

You agree to defend, indemnify, and hold harmless Applied Academics and the Applied Academics Entities from all liabilities, claims, damages, losses, and expenses, including attorneys’ fees that arise from your use of the Website. Applied Academics reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Applied Academics in asserting any available defenses.

9. Modifications

Applied Academics may, at any time and in its sole discretion, revise, replace, update or otherwise modify these Terms of Use. Such modifications will be effective upon posting to the Website. You agree to be bound by any modification of these Terms of Use when you use the Website, effective after their posting to the Website. It is therefore important that you review these Terms of Use regularly to ensure you are updated as to any changes.

Please check this page periodically for changes to the Terms of Use. Your use of the Website following the posting of an updated Terms of Use constitutes acceptance of the last updated Terms of Use. You can determine if the Terms of Use have been revised since your last visit by referring to the “Last Updated” date listed at the top of this page.

10. Choice of Law and Jurisdiction

The Website is controlled and operated by Applied Academics from New York, in the United States of America, regardless of where its servers may be located, from time to time. You agree that any dispute relating to or arising under the Terms of Use or arising out of or related to your use of the Website shall be resolved exclusively by New York State or federal courts, in the County of New York, applying New York law, regardless of any principles of conflicts of law. By your use of this Website, you waive any jurisdictional, venue or inconvenient forum objections to such courts for purposes of resolving these disputes. Although the Website may be available worldwide, you understand and agree that the law of your home jurisdiction may provide protections not provided in the United States, and that by visiting the Website, you unequivocally and unambiguously agree to submit and adjudicate any disputes which arise out of such use pursuant to the terms and conditions stated in this Choice of Law and Jurisdiction clause.

If you have any questions about these Terms of Use, please contact us atinquiries@appliedacademics.com. Copyright © 2017 Applied Academics LLC. All rights reserved.