AMS Analytics Site Terms of Use

Welcome to our website.

Waterwheel Data Advisors, LLC and its affiliates (“WWDA”, “we”, “us” or “our” as the context may dictate) provides the website features and other products and services to you when you visit our website, use products or services, use applications for mobile, or use software provided by us in connection with any of the foregoing (collectively, “Services”).

We provide the Services subject to the conditions set forth below. In addition, if you have an account with us, you also agree to abide by the AMS Analytics Client Master Agreement for Services, including all schedules or exhibits attached thereto.

Privacy

Please review our Privacy Policy to understand our practices.

Copyright and Intellectual Property

We retain the copyright to all content included on our website, such as text, graphics, logos, button icons, images, video or audio clips, digital downloads, data compilations, and software. Our copyright is protected by United States and international copyright laws. All software used on our website is the property of WWDA or its software suppliers and protected by United States and international copyrightlaws.

You acknowledge and agree that we have expended substantial time, effort and funds to create and deliver the Services and compile the various methods, data scripts, and database structures required to deliver the Services.Nothing in this limited license shall be deemed to convey to you or to any other party any ownership interest in or to the intellectual property utilized to deliver the Services.

License and Site Use

We grant you a limited license to access our website for your use. This license does not allow you to make commercial use of our website through resale, sublicense, rent, or otherwise without our express written consent. You may not create derivative works of, translate, reverse engineer, decompile, disassemble, or otherwise reduce to human perceivable form any portion of the Service its data environment. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) or to provide others access to our website by any means without our express written consent.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY. EXCEPT AS EXPLICITLY PROVIDED HEREIN OR AS OTHERWISE REQUIRED BY LAW, WWDA AND ITS LICENSORS MAKE NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES AND ANY OTHER MATERIALS AND WITH RESPECT TO THE SERVICES PROVIDED TO YOU. WWDA AND ITS LICENSORS AND SUPPLIERS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WWDA OR ITS LICENSORS OR SUPPLIERS HAVE BEEN INFORMED OF SUCH PURPOSE). BY WAY OF EXAMPLE AND NOT IN LIMITATION, NEITHER WWDA NOR ITS LICENSORS OR SUPPLIERS REPRESENT OR WARRANT THAT: (I) THE FUNCTIONS PERFORMED BY THE SOFTWARE OR INFORMATION SERVICES WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN THE SPECIFIC SOFTWARE COMBINATIONS SELECTED FOR YOUR USE, (II) THE SOFTWARE OR INFORMATION SERVICES WILL OPERATE ERROR-FREE IN ALL CIRCUMSTANCES OR WITHOUT OPERATION INTERRUPTIONS, OR (III) ALL DEFECTS IN THE SOFTWARE OR INFORMATION SERVICES WILL BE CORRECTED. IN NO EVENT WILL WWDA OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES, INCLUDING INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF REVENUES OR PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF WWDA OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Use.

All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Applicable Law

By visiting our site, you agree that these Terms of Use will be governed by and construed in accordance with the laws of the State of Georgia, and irrevocably consent to the jurisdiction of the federal or state courts in Fulton County, Georgia, and waive any other venue to which you may be entitled by domicile or otherwise.

Waterwheel Data Advisors, LLC

Effective date: March 23, 2018