Last Updated: January 2020
CHANGES TO THE TOU
We reserve the right at any time to:
- Change the terms and conditions of the TOU;
- Change the Company Service, including eliminating or discontinuing any content or feature of the Company Service; or
- Impose fees, charges or other conditions for use of the Company Service or parts thereof (with reasonable notice).
EquitySet may modify the Company Service at any time without prior notice. The TOU as well as our TOS Policy may change also. Your use of the Company Service after any such changes will be deemed acceptance of such changes. You should check our site frequently to see recent changes.
REGISTRATION DATA; ACCOUNT SECURITY
By using the Company Service, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Company Service ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; (d) be fully responsible for all use of your account and for any actions that take place using your account; and (e) agree to receive e-mails from EquitySet from which you may opt out (unsubscribe) at any time by modifying your Account information through the Account Info link on the Company Service.
IMPORTANT SECURITIES DISCLAIMER
You understand that no content published on the Company Service from EquitySet constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that we are not advising you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the content published on the Company Service may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person. You understand that an investment in any security is subject to a number of risks and that discussions of any security published on the Company Service will not contain a list or description of relevant risk factors. In addition, please note that some of the stocks as to which content is published on the Company Service may have a low market capitalization and/or insufficient public float. Such stocks are subject to more risk than stocks of larger companies, including greater volatility, lower liquidity and less publicly available information. Postings or content on the Company Service which may or may not be deemed by you to be recommendations may have an effect on their stock prices. You understand that performance data is supplied by sources believed to be reliable, that the calculations herein are made using such data, and that such calculations are not guaranteed by these sources or any other person or entity, and may not be complete.
From time to time, reference may be made on our Company Service to articles and opinions published by others. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
All content on the Company Service is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
NO INVESTMENT RECOMMENDATIONS OR PROFESSIONAL ADVICE
The Company Service is not intended to provide tax, legal, insurance or investment advice, and nothing on the Company Service should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by EquitySet or any third party. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.
You specifically acknowledge that EquitySet will in no way be held liable for losses or gains arising out of use of the content or user provided content ("User Content") of any type on the Company Service. You acknowledge that your investment decisions/recommendations are made entirely at your election and that EquitySet content or User Content is solely one additional source of information in assisting you make those determinations. You similarly acknowledge that you will not hold any other EquitySet User liable for losses or gains arising out of Content or User Content of any type on the Company Service.
COPYRIGHT, LINKING POLICY, AND TRADEMARKS
The Company Service and the content contained herein, as well as all copyrights, are the property of EquitySet. You may access and use the content, and download and/or print out copies of any content from the Company Service, solely for your personal, noncommercial use. You acknowledge that you do not acquire any ownership rights by using the Company Service.
The Company Service contains links to other Internet web sites or resources. We neither control nor endorse such other web sites, nor have we reviewed or approved any content that appears on such other web sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or appropriateness of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
You may link to any content on the Company Service. If you are interested in reprinting, republishing or distributing content from EquitySet, please contact EquitySet to obtain written consent. All other trademarks, service marks, and logos used on our web sites are the trademarks, service marks, or logos of their respective owners.
For the avoidance of doubt, you agree to be bound by the following:
- Neither Company, Intrinio, their affiliates nor any of their suppliers shall have any liability for the accuracy or completeness of the information or software furnished through the Company Service, or for delays, interruptions or omissions therein nor for any lost profits, indirect, special or consequential damages;
- The Intrinio Services and the Company Service are not investment advice and a reference to a particular investment or security, a credit rating or any observation concerning a security or investment provided in the Intrinio Services and the Company Service is not a recommendation to buy, sell or hold such investment or security or make any other investment decisions;
- You shall not use or permit anyone to use the Intrinio Services for any unlawful or unauthorized purpose;
- The Intrinio Services and the Company Service are being provided for your internal use only and your are not authorized or permitted to distribute or otherwise furnish such information or software to any third-party without prior written approval of the Company and Intrinio;
- Access to the Intrinio Services is subject to termination in the event that any agreement between Company and Intrinio terminates for any reason; and
- Intrinio may enforce its rights against you as the third-party beneficiary of the TOU, even though Intrinio is not a party to the TOU.
You may not republish, upload, post, transmit or distribute content from the Company Service to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the content or use of the content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.
Specifically, you will not submit information that would be a violation of your employer's company policies, nor will you submit information that violates any confidentiality agreements, insider trading regulations, or SEC regulations.
In addition, in connection with your use of the Company Service, you agree not to:
- Restrict or inhibit any other visitor from using the Company Service, including, without limitation, by means of "hacking" or defacing any portion of the Company Service;
- Use the Company Service for any unlawful or unauthorized purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Company Service;
- "Frame" or "mirror" any part of the Company Service without our prior written authorization;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Company Service or its contents;
- Harvest or collect information about visitors to the Company Service without their express consent.
- Distribute or otherwise furnish the EquitySet content to any person (other than a team member) or firm without prior written approval from EquitySet;
You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Company Service and the content made available therein.
DISCLAIMER OF WARRANTIES
THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EQUITYSET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR SITE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
EQUITYSET AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF EQUITYSET OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
LIMITATION OF LIABILITY
NEITHER EQUITYSET NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH EQUITYSET. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO EQUITYSET FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
As a condition of your use of the Company Service, you agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the TOU; (b) your use of the Company Service; or (c) your violation of the rights of any third party.
You understand and agree that EquitySet may, under certain circumstances and without prior notice to you, terminate your access to and use of the Company Service. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) repeat violators of copyrights or other intellectual property.
Note: If you are a monthly subscriber, upon termination, you will not receive a refund of any payments made and all future payments will be canceled. If you are an annual paid subscriber, upon termination, you will receive a prorated refund, with a two month forfeiture of comparable monthly membership fees, and all future payments will be canceled. Our calculation of the refund is final.
EquitySet respects the intellectual property of others, and we ask our users to do the same. EquitySet may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information and send to [email protected]:
- an electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- a description of where the material that you claim is infringing is located on the site, including the URL;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The Company Service is directed solely to individuals residing in jurisdictions in which provision of the Company Service's content is legal. We make no representation that materials provided on the Company Service are appropriate or available for use in other locations. Those who choose to access the Company Service from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Company Service to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
The TOU together with all EquitySet policies referred to herein, constitutes the entire agreement between you and EquitySet relating to your use of the Company Service and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us.