This page outlines the User Agreement and General Conditions of access to and use of the Site.
Acknowledgment and Acceptance of User Agreement and General Conditions
www.managedaccountresearch.com (the "Site") is owned and operated by Managed Account Research Incorporated. (“MARI”) and may contain material from MARI and other related companies (collectively, “MARI"). Your access to, use of, linking to the Site, use of software or downloading software on the Site and framing parts of the Site (collectively, your “Access”) is conditional upon your acceptance and compliance with the user agreement, terms, conditions, notices and disclaimers contained on this page and elsewhere on the Site ("Conditions"). Your Access to the Site constitutes your agreement to be bound by the Conditions. MARI reserves the right to change the Conditions under which this website, the Forums, and the Content are made available. MARI also reserves the right to amend the Conditions at any time and you should periodically refer to them on this page and elsewhere on the Site.
Ownership of Content on the Site
The materials displayed on the Site, including without limitation all information, text, materials, graphics, software, tools, products, services, data, results derived from the use of software and tools, advertisements, names, logos and trade marks on the Site (collectively, referred to as "Content") are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Site. Your use of the Content, or any of them, constitutes your acceptance of the Conditions and is subject to it.
You must not modify, copy, reproduce, republish, frame, download onto a computer, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for in the Conditions or with the express prior written consent of MARI.
You may not use any "robot," "spider," "scraper," or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site, without the prior written permission of MARI.
Access to the Site
You may view the Site using your web browser and save an electronic copy, or print out a copy, of parts of this web site solely for your own personal use, information, research or study, but only if you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trade mark and other proprietary notices and all advertisements).
You may not publish, retransmit, redistribute or otherwise reproduce the Content, including but not limited to the underlying data, in any form, to anyone, whether or not you accept compensation for doing so. You may save data and charts to your hard drive or other storage media, and you may print data and charts out onto paper, and manipulate them in any way you like, provided that you do so for your own use, and do not distribute the charts or data to others.
You must not use the Site or the Content in any manner or for any purpose which is unlawful or in any manner which violates any right of MARI or which is prohibited by the Conditions.
You must not use the Content for commercial purposes without first obtaining the express written authority of MARI.
Use of Forums
To the extent that Site contains bulletin boards, or other message or communication facilities (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, distribute or disseminate any defamatory, infringing, obscene or unlawful material or information;
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents;
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded;
- Falsify the origin or source of software or other material contained in a file that is uploaded;
- Advertise or offer to sell any goods or services or conduct or forward surveys, contests, spam, or chain letters;
- Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
- Repeat violators (and, at MARI's sole discretion, one-time violators) are subject to having their access terminated, without waiver of any other remedies available at law or equity.
You acknowledge that all your communications in Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences and other communications by other users are not endorsed by MARI, and such communications shall not be considered reviewed, screened, or approved by MARI.
You agree that MARI may monitor your postings to the Forums to comply with any necessary laws, regulations or government requests, and as reasonably necessary to protect itself and its users, and for any other legitimate business purpose.
MARI reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation bulletin board postings. MARI reserves the right in its discretion to deny any user access to this website or any portion thereof without notice.
Disclaimer and Limitation of Liability
MARI makes reasonable efforts to ensure that the information made available through the Content is accurate and up-to-date. Mistakes and accidents do happen, though, so before trading, you should confirm the accuracy and timeliness of information you receive through any Content against that provided by another source.
As a condition of using any Content, you agree that MARI will not be liable for any damages whatsoever (including but not limited to lost profits, trading losses and damages) that result from inconvenience, delay or loss of the use of the Content, or inaccuracy of the information provided through or comprising Content, even if MARI has been advised of the possibility of such damages, and regardless whether the claim for such damages is based in contract, tort, indemnity, or some combination, or otherwise.
MARI makes no express or implied warranties (including, without limitation, any warranty of merchantability or fitness for a particular purpose or use) regarding information provided through or comprising any Content. All Content, including but not limited to the data, are provided to you "as is." Although they are obtained from sources believed to be reliable, they are not guaranteed.
Indemnity
You must indemnify and hold harmless MARI and MARI Personnel and keep them indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:
(a) any breach by you of the Conditions; or
(b) reliance by you on any information obtained through the Site; or
(c) your Access to the Site; or
(d) reliance upon or use of any Content by any person accessing any Content through your web site.
Not investment advice
The Content on the Site provides general information only. It is not intended as investment advice and must not be relied upon as such. You should obtain professional investment advice tailored to your specific circumstances prior to making any investment decisions.
Some Content on the Site provides general information about certain financial products including without limitation securities and derivatives products. The Site does not provide, and must not be construed as providing, recommendations in relation to any financial products. Prior to any action or investment you should seek independent professional advice.
Advertising and links to other web sites
The Site contains links to third party sites (“Linked Sites”). Linked Sites are not under the control of MARI, and MARI is not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site (“Subsequent Link”). MARI provides these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the Linked Site by MARI or MARI Personnel. You link to any Linked Site or Subsequent Site entirely at your own risk.
The Site may also contains third party advertisements including banner ads, third party logos and information, material and documents relating to or provided by third parties ("Third Party Material"). The Third Party Material may contain embedded hyperlinks to web sites operated by third parties or their licensees or contractors (“Third Party Websites”). Neither MARI nor MARI Personnel recommends or endorses the products or services of those third parties. In some instances, the Third Party Material will contain representations or offers by the third party which you can accept by linking to the third party’s website and executing the relevant transaction. Such offers are not made by MARI or MARI Personnel, and the third party is solely responsible to you for the delivery of any goods or services you purchase on the third party website.
Neither MARI nor MARI Personnel give any representation or warranty as to the reliability, accuracy or completeness of any Third Party Material on the Site, Third Party Websites, Linked Sites, or Subsequent Sites, nor do they accept any responsibility arising in any way (including negligence) for errors in, or omissions from such Third Party Material, Third Party Websites, Linked Sites or Subsequent Sites.
From time to time, you may notice unusual links appearing on the Site. These links are usually highlighted in text of a different color and when followed also direct the user to other sites. As with other third party websites, the content of those sites is not endorsed or approved by MARI in any way and are outside our control.
Linking to the Site
External parties may link to the following sections of the Site provided the conditions listed under the section Linking Conditions below are met.
Linking to the Home Page. MARI welcomes links to the home page of the Site, provided that the link is a text link only which directs to the home page of [www.managedaccountresearch.com] and the link to the Site is identified clearly as such on your site.
Linking to other pages. MARI does not allow external sites to link to the any other pages.
Under no circumstances should you copy the Content from the Site and place it directly on your web site or maintain a copy of the Content on your computer.
Linking Conditions
Any link to the MARI website must comply with the Conditions and the link must not, in MARI’s opinion deceive or mislead, nor suggest any relationship, endorsement or sponsorship between your site and the Site, nor place the link in any context which may breach any laws. MARI is not liable and you agree to indemnify MARI to the extent that any such conduct is found to have occurred.
The link must be made in good faith, and must not in MARI’s reasonable opinion cause the MARI brand or any MARI trade mark to be viewed in a negative or potentially negative light and the link must not frame the Site.
No other linking is permitted unless it is the subject of a separate specific written agreement between you and MARI.
MARI Access Rights
You agree to allow MARI access to your web site at any time so that MARI can review whether you are complying with these Conditions. If requested by MARI, you must provide any passwords that are required to access your web site.
Termination
MARI can terminate your right to link to the Site at any time by placing a notice on this Site or by informing you directly. If we terminate your right to link to the Site you must cease linking to the Site immediately.
Jurisdiction
The Conditions will be governed and construed in accordance with the laws of the State of Colorado, without regard to its conflicts of laws provisions or those of any other jurisdiction, and by using MARI's Content, or any of them, you agree that any litigation or other dispute arising out of or relating to the Conditions or MARI's Content shall be brought exclusively in the courts located in Denver County Colorado, and that you consent to the personal jurisdiction of, and venue in, such courts. In the event of any dispute arising out of the subject matter of, or to enforce, the Conditions, the prevailing party shall recover, in addition to any other damages assessed, its reasonable expenses, including attorneys' fees and costs, incurred in resolving such dispute.
ADDITIONAL INFORMATION
The following legal information has been furnished for your convenience. Managed Account Research Incorporated may modify any of the information, and such modifications shall take effect immediately upon their posting upon this Web site.
