Terms & Conditions
These Terms and Conditions ("Agreement") are between you and AltaVista Research, LLC (together with its affiliates, "AltaVista" or the "Company"). In consideration of the right to access and use the website located at the Universal Resource Locator Address www.etfresearchcenter.com ("etfresearchcenter.com", the "Site" or the "Website"), and receive the services offered through the Website, you agree to the terms and conditions of use set forth in this Agreement and acknowledge that you are at least 18 years of age. YOUR USE OF THE WEBSITE AND THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGEEMENT AND INDICATES YOUR WILLINGNESS TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. This Agreement applies to the Services currently offered by the Company and any Services that the Company may choose to offer in the future (unless stated otherwise).
The Website presents information and content, including but not limited to newsletters, text, data, charts, commentary, graphics, software applications, reviews, video and audio files, applications and photos, other than User Content (as defined herein), as well as the compilation thereof ("Content"), that is owned or licensed by the Company. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and AltaVista. When used in these Terms and Conditions, "we" and "our" mean AltaVista.
The Content and opinions contained on this Website are for general information use only and are based on data obtained from recognized statistical services and other sources believed to be reliable. However, such information has not been verified by AltaVista, and we do not make any representations as to its accuracy or completeness. AltaVista does not assume any liability for any loss that may result from the reliance by any person upon any information or opinions it provides. Any statements non-factual in nature constitute only current opinions, which are subject to change without notice.
Neither the information contained in any newsletter or on altavista-research.com, nor any opinion expressed therein is intended as an offer or solicitation with respect to the purchase or sale of any security or as personalized investment advice.
Officers and directors of AltaVista may have positions in securities referred to on the Website and may sell such securities.
Through the Website, you may be able to register for memberships or subscriptions, purchase products and newsletters, pay for other goods and services as may be offered by AltaVista, and post content and comments (together, the "Services"). AltaVista reserves the right to change, suspend and discontinue any aspect of the Services at any time, including but not limited to the nature of the services offered, databases, hours of availability, and newsletters or software needed for access or use. You agree that AltaVista shall not be responsible for information, data, settings, content and materials placed on its servers through your use of the Services ("User Content"), and such User Content may be removed from the AltaVista servers for any reason and at any time.
AltaVista has no control over your use of the Services. Nevertheless, AltaVista reserves the right to prevent you from using the Services for any reason, in its sole discretion. You agree that you are solely responsible for all fees, taxes and expenses which may be incurred through your use of the Services.
Communications Between Members and Posting Information in Public Forums
In some circumstances you may be permitted to comment on, as well as post, transmit or submit messages and other materials which may include uploading files, inputting data or any other materials or engaging in any form of communication in connection with the Site (collectively, "Messages") to other Website users, Blogs and Bulletin Boards and other public and private areas within, or in connection with, the Site (collectively "Forums"). However, AltaVista accepts no responsibility whatsoever in connection with or arising from such Messages. In addition, children under the age of 18 are not authorized to post messages or participate in forums on the Site.
AltaVista does not endorse and has no control over the content of Messages submitted by you or others to Forums. Messages submitted to Forums are not necessarily reviewed by AltaVista prior to posting and do not necessarily reflect the opinions or policies of AltaVista. AltaVista makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of anyMessages and other materials in the Forums. Nonetheless, AltaVista reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.
AltaVista assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time AltaVista chooses, in our sole discretion, to monitor the Forums, AltaVista nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate or inaccurate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that AltaVista shall accept no liability if we prevent, in our sole discretion, your Messages from being submitted or if we edit, restrict or remove your Messages. You also agree to permit any other user of this Site to access, view, store or reproduce the material for such user's personal use and not to restrict or inhibit the use of the Site by any other person.
You are solely responsible for your interactions with other Website users. AltaVista reserves the right, but has no obligation, to monitor disputes between you and other users.
You agree to release AltaVista, its contractors and affiliates together with their respective employees, agents, officers, directors, members and shareholders, from any and all liability and obligations whatsoever in connection with, or arising from, your use of the Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.
Limitation of Use
You agree that you will neither post User Content nor submit Messages to Forums that:
- are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, nationalor international law;
- violate the copyright, trademark or other intellectual property rights of any other person or AltaVista;
- improperly assume or claim the identity, characteristics or qualifications of another person;
- impose an unreasonable or disproportionately large load on the Website or Services infrastructures (including but not limited to the sending of mass e-mail or junk mail, known as "Spamming");
- are libelous, or invasive of privacy or publicity rights or any other third party rights; or
- violate any federal or state securities law or exchange rule or regulation.
Furthermore, you acknowledge and agree that you will not: (i) collect or store personal data about other users of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or (ii) upload, e-mail or otherwise transmit any material, Communications or User Content that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file, or communications newsletters that is owned, leased or used by AltaVista, the Website, or its users.
Ownership and Use of Content
All of the Content on the Website is owned or licensed by AltaVista, and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. The use of the Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another website, is expressly prohibited without the prior written permission of AltaVista. Please contact us at firstname.lastname@example.org with any licensing inquiries.
By uploading User Content or engaging in any other form of communication on or through the Website including but not limited to the use of the Forums or any and all Services (the "Communications"), you hereby grant AltaVista a perpetual, world-wide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, and edit such Communications. You hereby waive all rights to any claim against AltaVista for any alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You further represent that all Communications do not infringe upon any intellectual proprietary rights of third parties. You acknowledge that AltaVista has detrimentally relied upon this representation. Accordingly, you further agree to indemnify AltaVista from any claims of alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution raised by third parties against the AltaVista in connection with such Communications.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you may send us a notice requesting that we remove the material or block access to it. The notice must include the following information:
(a) Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
(c) Identification of the material that is claimed to be infringing or the subject of infringing activity and information reasonably sufficient to allow us to locate the material on the Site;
(d) The name, address, telephone number, and email address of the complaining party;
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or the law; and
(f) A statement that the information in the notification is accurate and is given under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices andcounter-notices must meet current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. Notices and counter-notices under the DMCA, as well as all other communications addressed to us relating to this Agreement, should be sent to: Fridman Law Group, PLLC, 185 Varick Street, Suite 505,New York, NY 10014.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that penalties may apply for false claims under the DMCA.
AltaVista and third party trademarks and service marks may or may not be designated as such from time to time on the Site through use of the SM, TM or R symbols. Except when included in any authorized printouts of the Content, you are not authorized to make any use of any names, logos or taglines posted on the Site, whether or not designated by such symbols, including, but not limited to, use as metatags or in any other fashion without the express prior written permission of AltaVista.
For your protection, altavista-research.com may require the use of encryption technologies for certain types of communications conducted through the Website. While we may provide those technologies and might use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error. In connection with your use of the Website, you may establish or otherwise receive from AltaVista user IDs, passwords and other security codes ("User Codes") that you may need in order to access and use certain portions of the Website. You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsiblefor all activities that occur utilizing your User Codes, and that neither AltaVista nor altavista-research.com is under any duty to inquire as to the authority or propriety of any instructions given to altavista-research.com via your User Codes, or to otherwise verify the identity of anyone using your User Codes. You agree that AltaVista shall not be responsible for damages or losses resulting from any breach of security caused by your failure to maintain the confidentiality of your User Codes. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold AltaVista harmless against any liability, losses, damages or costs and expenses (including attorneys' fees) arising out of, or resulting from, such access and related use of the website. AltaVista reserves the right to block access to the Website for any reason. You also agree to immediately notify AltaVista if you:
- Become aware of any loss or theft of your User Codes; or
- Become aware of any unauthorized use of your User Codes.
The website does not intend to market any products or Services to anyone under the age of 18. AltaVista does not knowingly gather or solicit data from anyone under the age of 18 through the Website for marketing purposes.
Not all of the products or services described on the Website are available in all geographic areas. You may not be eligible for all of the described products or Services and we reserve the right to determine the eligibility of any user for any product or service. The information provided on the Website is not directed at, or intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or any non-United States jurisdiction or country that would subject AltaVista or its affiliates to any registration requirement within such jurisdiction or country. The Website does not intend to market any products or Services to individuals or entities residing outside of the United States of America. AltaVista does not knowingly gather or solicit data from non-U.S. residents through the Website for marketing purposes.
THE SERVICES, CONTENT AND THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. FURTHERMORE, ALTAVISTA MAKES NO WARRANTY OR REPRESENTATION REGARDING ANY CONTENT OR SERVICES, THE RESULT THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY SERVICES, THE ACCURACY OR RELIABILITY OF ANY CONTENT OR OTHER INFORMAITON OBTAINED THROUGH THE WEBSITE, ANY CONTENT, GOODS OR SERVICES OFFERED, PURCHASED OR OBTAINED THROUGH THE WEBSITE, OR THAT THE WEBSITE, CONTENT OR THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, TIME SECURE OR ERROR-FREE. USER UNDERSTANDS AND EXPRESSLY AGREES THAT THE USE OF THE SERVICES AND THE WEBSITE AND ALL THEIR CONTENTS IS AT YOUR SOLE RISK, THAT ANY AND ALL MATERIAL AND DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR PORPERTY OR ANY THIRD PARTY OR THIRD PARTY'S PROPERTY THAT RESULTS FROM THE USE OF THE WEBSITE OR SERVICES. ALTAVISTA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR THE SERVICES IN TERMS OF THE CORRECTNESS OR ACCURACY OF ANY CONTENT, THE RELIABILITY OF ANY DATA OR SERVICES OR OTHERWISE. THE WEBSITE, CONTENT AND SERVICES COULD BECOME INACCURATE OR INEFFECTIVE AS A RESULT OF DEVELOPMENTS OCCURRING OR CHANGES MADE AFTER PUBLICATION OF THESE TERMS AND CONDITIONS OR ANY OTHER CONTENT. ALTAVISTA UNDERTAKES NO OBLIGATION TO KEEP ANY SUCH INFORMATION, CONTENT OR SERVICES CURRENT. ALTAVISTA IS NOT RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THE CONTENT, WEBSITE OR THE SERVICES OR THE OPERATION OF SUCH WEBSITE OR SERVICES.
ALTAVISTA SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORIZED ACTIVITIES OF THIRD PARTIES INVOLVING USER INFORMATION.
TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT AND SERVICES ACCESSIBLE ON THE WEBSITE, OR ANY OTHER WEBSITE TO WHICH WE LINK, AND ALL OPERATIONS OF THE WEBSITE AND THE SERVICES ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
IN USING THE WEBSITE AND THE SERVICES, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD ALTAVISTA LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, CONTENT AND SERVICES (OR ANY OTHER DATA OR LINKED WEBSITE) OR OTHERWISE RELATING TO OR ARISING OUT OF THE WEBSITE OR SERVICES OR YOUR USE THEREOF, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. ALTAVISTA SHALL NOT BE LIABLE EVEN IF ALTAVISTA OR AN AUTHORIZED REPRESENTATIVE OF ALTAVISTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU (AND NOT ALTAVISTA) 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 VISITING THE WEBSITE OR USING THE SERVICES. UNDER NO CIRCUMSTANCES SHALL ALTAVISTA BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEBSITE OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO ALTAVISTA'S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, DATA, NEWSLETTERS AND SERVICES AVAILABLE THROUGH THE WEBSITE.
EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT. IN NO EVENT WILL ALTAVISTA'S LIABILITY EXCEED THE FEES WHICH HAVE BEEN COLLECTED FROM YOU OR $100, WHICHEVER IS LESS. THE PAYMENT OF THIS AMOUNT SHALL BE ALTAVISTA'S SOLE AND EXCLUSIVE LIABILITY REGARDLESS OF WHETER LOSS OR DAMAGE IS CAUSED BY THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS UNDER THIS CONTRACT OR BY NEGLIGENCE, ACTIVE OR OTHERWISE, OF ALTAVISTA, ITS EMPLOYEES, AGENTS OR REPRESENTATIVES. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST ALTAVISTA MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF THE CAUSE OF ACTION HEREOF.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ALTAVISTA'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
(a) You agrees to indemnify, defend and hold harmless AltaVista, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third party claims, liability, damages, and/or costs (including, but not limited to, attorneys' fees, costs and expenses) that result from, arise out of or are in anyway connected with your use of the Services or Website, your breach of the terms of this Agreement, or your infringement, or infringement by any other person using your account, of any intellectual property or other right of any person or entity. The terms of this Agreement will inure to the benefit of the AltaVista's successors, assigns and licensees. (b) The Services, the Website and all related products and Content are designed for personal and legal uses only. It is your responsibility to comply with all federal, state and local laws, rules and ordinances when using the Services, the Website, the Content and all related products. You shall indemnify and hold harmless AltaVista, its affiliates, officers, directors, employees, consultants, agents and representatives for any and all claims, actual or threatened, actions, damages, liabilities, costs and expenses (including reasonable attorneys' fees, costs and expenses) that result from, arise out of or are in any way connected with your use of the Services, the Website, the Content and all related products. (c) You covenant to cooperate fully in the defense of any claim. (d) AltaVista reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the AltaVista.
Prices and Payments
(a) Some of the Content, products and Services may be offered to you conditioned on your purchase of a membership or subscription. If you agree to become a member, you further warrant and agree that all information that you submit is true and accurate (including without limitation, your credit card number and expiration date), and you shall pay all charges or fees to your account, including all applicable taxes, in accordance with the billing terms that were in effect at the time the charges or fees became payable. AltaVista reserves the right to change the amount of, or the basis for determining, any charges or fees for the use of the Website, Content or Services and to institute new charges or fees (such new charges or fees will only be instituted with prior notice to you). You must provide AltaVista with valid credit card information. (b) Your membership will be renewed automatically either on a month to month or yearly basis depending on the original Agreement between you and AltaVista. (c) If your credit card is not valid, or if your credit card can not be processed at the time of the renewal charge, AltaVista reserves the right to immediately terminate or suspend your access to the Website and Services, thereby terminating this Agreement and all of AltaVista's obligations hereunder or, in addition, to charge you an administrative processing fee equal to 5% of the total billable amount. (d) The term of this Agreement shall commence when you first visit the Website or use the Content or Services and shall apply to all of your subsequent visits and uses. AltaVista may, with or without cause, immediately terminate this Agreement, and deny you access to the Website and/or the Services in its sole discretion. Without limiting the foregoing, AltaVista has the right to immediately terminate any passwords or accounts created by you in the event that you breach this Agreement or engage in conduct that AltaVista, in its sole discretion, considers unacceptable. If this Agreement is terminated, you will no longer be authorized to access any areas of the Website and/or use the Services. In the event of termination, the restrictions imposed on you with respect to material uploaded to or downloaded from the Website, the disclaimers, limitations of liabilities and indemnification set forth in this Agreement, shall survive, and the subscription fee shall be non-refundable. AltaVista reserves the right to prevent you from accessing any or all User Content without limitation of time in the event of any breach by you of this Agreement. Any and all terms which by the nature should survive the expiration or termination of this Agreement for any reason, including but not limited to provisions dealing with limitation of AltaVista's liability, disclaimer of warranty and intellectual property ownership, shall so survive.
AltaVista may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, password or User Codes if you breach this Agreement or if AltaVista is unable to verify or authenticate any information you have provided. AltaVista's failure to act with respect to a breach by you or others does not constitute a waiver of AltaVista's right to act with respect to subsequent or similar breaches. Without limiting any other rights AltaVista has, you understand and acknowledge that AltaVista, in its sole discretion, may pursue legal and/or equitable relief against you if you breach or threaten to breach this Agreement.
The Content and the Services available through the Website, including this Agreement, are subject to change and updating by AltaVista and our affiliates, partners, data providers, contractors, agents and representatives at any time without prior notice. The changes may include superseding terms and conditions or specific notices. YOU SHOULD REVIEW THIS AGREEMENT FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continuing use of the website and/or the Services constitutes your acceptance of any change or update, all of which shall become controlling when posted.
The laws of the State of New York will govern these Terms and Conditions, without regard to conflicts of law principles. The United Nations Convention on Contracts for the Sale of Goods does not apply to these Terms and Conditions. Persons who access the Website do so on their own initiative, and are responsible for compliance with all applicable laws and regulations.
These Terms and Conditions set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign these Terms and Conditions without our explicit consent. You are responsible for fees associated with gaining access to the AltaVista Website, including the fees associated with the newsletters necessary to access the Internet and the fees charged by your Internet service provider.