CLEAR INDEXESTM
TERMS AND CONDITIONS
www.ClearIndexes.com
www.ClearIndexes.net
www.ClearIndices.com
www.ClearIndices.net
NOTICE
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THIS WEBSITE AND ANY PAGES HEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS WEBSITE, OR ANY PAGES HEREOF. CLEAR INDEXES LLC ("Clear Indexes" or "we") PROVIDES YOU, THE USER ("YOU," "YOUR," "YOURSELF," "USER(S)") WITH WEB ACCESS TO ONLINE RESOURCES, CONTENT, DOWNLOADABLE REPORTS, STATEMENTS, AND DATA (THE "SERVICE(S)") VIA ITS INTERNET WEBSITE (THE "SITE"), SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS ("TERMS"). THESE TERMS SOLELY GOVERN YOUR USE OF THE SITE AND MAY BE AMENDED BY CLEAR INDEXES FROM TIME TO TIME WITHOUT NOTICE TO YOU, UNLESS OTHERWISE AGREED TO IN WRITING BETWEEN YOU AND CLEAR INDEXES. YOUR CONTINUED USE OF THE SITE SHALL CONSTITUTE YOUR CONSENT TO THE MOST RECENT VERSION OF THE TERMS THAT IS POSTED TO THE SITE. BY VIEWING THE SITE AND/OR WHEN USING THE SITE, AND/OR ACCESSING THE FREE REGISTERED OR PAID CLIENT AREAS BY SUBSCRIPTION OR AS PART OF AN INVESTMENT ADVISORY AGREEMENT (THE "CLIENT AREA"), YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ACCESS AND USE THE SITE, AND TO AGREE TO THE FOLLOWING THESE TERMS AND CONDITIONS. None of the information, stock prices, other data and company information presented herein constitutes investment advice, a recommendation, a solicitation or an offer to buy or sell any securities. Please review these Terms periodically, as they are subject to change. If you have questions about these Terms, please contact us 1-866-641-5600. Reference to any security anywhere on this Site is not intended to constitute research and should not be construed as a recommendation to buy, sell or hold that or any other security. Security prices are provided for Your information only. They are based upon information that we consider reliable, but we do not represent that they are accurate or complete, and they should not be relied upon as such. For a more complete description of Clear Indexes products and services contact Clear Indexes at 1-866-641-5600 or e-mail us at info@ClearAM.com.
USE OF INFORMATION AND MATERIALS
Unauthorized use of the Clear Indexes Site, including but not limited to unauthorized entry into Clear Asset Management's systems or the Client Area, misuse of Services or passwords, or malicious posting of any information on the Site is strictly prohibited. Not all products and Services are available in all geographic areas. Your eligibility for particular products and Services is subject to final approval by Clear Indexes and/or its affiliates.
REGISTRATION; PASSWORDS AND SECURITY
In order to use certain Services and to access the Client Area, Clear Indexes requires that You register. By registering, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the applicable registration form(s); and (b) maintain and promptly update the information. If You provide any information that is untrue, inaccurate, not current or incomplete, or Clear Indexes has any grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Clear Indexes has the exclusive right to refuse You any current or future use or access to the Service, Client Area or any portion thereof. During the registration process, You will provide a user name and password. You are solely responsible for maintaining the confidentiality of the user name and password, and You are responsible for all activities that occur under Your user name and password, whether or not authorized by You. Clear Indexes will not be liable for any loss or damage arising from Your failure to comply with this section.
USERS MUST LOGOUT
You agree to logout from each session after You have completed use of the Service. Although security measures are in place, logging out ensures the most complete termination of Your session. Clear Indexes will not be liable for any loss or damage arising from Your failure to properly logout. CLEAR INDEXES MAY MODIFY OR DISCONTINUE RULES FOR AND LIMITATIONS ON USE OF THE SERVICES TEMPORARILY OR PERMANENTLY, THE SERVICES (OR ANY PART THEREOF) AND MAY REMOVE CONTENT FROM THE SITE OR THE CLIENT AREA, WITH OR WITHOUT NOTICE TO YOU. CLEAR INDEXES WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION OR DISCONTINUANCE OF THE SERVICE, USE OF THE SERVICE, OR ACCESS TO THE SERVICE. YOU MAY NOT REPRODUCE, DUPLICATE, COPY, SELL, RESELL OR EXPLOIT FOR ANY COMMERCIAL PURPOSES, ANY PORTION OF THE SERVICE, USE OF THE SERVICE OR ACCESS TO THE SERVICE. INFORMATION PROVIDED BY CLEAR INDEXES IS NOT WARRANTED TO BE ACCURATE OR COMPLETE, AND WILL NOT CONSTITUTE A WARRANTY OR REPRESENTATION BY CLEAR INDEXES.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service or access to the Service.
REGISTERED USER CONTENT
Certain areas of the Site allow registered users to upload and post content, including but not limited to, posting queries (collectively, "User Content"). You understand and expressly agree that Clear Indexes or its affiliates assumes no responsibility or liability for any User Content and that You are solely and entirely responsible for any User Content You provide on the Site. By uploading and posting User Content on the Site, You warrant that: (a) You are the owner of such User Content or have been granted by the owner all the rights necessary to submit such User Content to Clear Indexes; and (b) such User Content will not infringe the intellectual property rights of or otherwise violate the rights of any third party. Clear Indexes does not control the User Content You post and as such assumes no responsibility for the accuracy, integrity or quality of such User Content. Clear Indexes reserves the right to remove any User Content on the Site at any time and for any reason. Clear Indexes and its affiliates are not responsible if the User Content You post contains errors or omissions; is offensive, objectionable, defamatory or otherwise violate any intellectual property right or any other proprietary right of a third party; or for loss or damage of any kind incurred as a result of such User Content.
ONLINE CONDUCT
You agree to comply with all applicable treaties, laws, rules and regulations. You agree to not use the Service or Site to:
INFORMATION COLLECTED BY CLEAR INDEXES AND USE OF THE CLEAR INDEXES SITE
You may visit the Site and read about Clear Indexes products and services, read our corporate information and get news about us without providing any personal information. Please see the Clear Indexes Privacy Policy by clicking Privacy Policy regarding Clear Indexes use of personal, non-personal and collected information and how a limited amount of personal information is used in order to provide You with access to advanced account features on the Site in the restricted Client Areas. Personal information is used to track and verify compliance with this Terms and Conditions applicable to the Site, as well as with federal, state and local laws. Clear Indexes or an affiliate will disclose or share Your personal information with a third party only with Your permission to do so, or as required by law or regulation, court or administrative order, arbitral award or a governmental or regulatory authority or entity. In addition, we reserve the right to disclose any content, records or electronic communication of any kind, including without limitation personal information or private electronic communication transmitted on the Site: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary to operate our business; or (iii) to protect the rights or property of Clear Indexes or its Users, its affiliates, sponsors, providers, licensors or merchants. We also reserve the right to reject any order or to request additional information from any User.
LINKS
THIS SITE MAY CONTAIN LINKS TO AFFILIATES OF CLEAR INDEXES OR OTHER WEBSITES CONTROLLED OR OFFERED BY THIRD PARTIES (NON-AFFILIATES OF CLEAR INDEXES). CLEAR INDEXES DISCLAIMS LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AT ANY OF THE THIRD PARTY WEBSITES LINKED TO THIS SITE. BY PROVIDING ANY LINKS TO THIRD PARTY WEBSITES, CLEAR INDEXES DOES NOT ENDORSE OR RECOMMEND ANY PRODUCTS OR SERVICES OFFERED OR INFORMATION CONTAINED THEREIN, NOR IS CLEAR INDEXES LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE WEBSITES. SUCH THIRD PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM CLEAR INDEXES AND THE THIRD PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN THE CLEAR INDEXES SITE.
MODEL PORTFOLIOS
For our Model Portfolios, past performance is not indicative of future returns. Future returns may be impacted by material market and economic factors which may in turn impact a client's actual results. Thus, Model Portfolio returns are not necessarily indicative of the returns that an actual managed account would have achieved. Actual returns reflect reinvestment of all earnings less management fees.. further explanation
DISCLOSURE
CLEAR INDEXES IS A PUBLISHER OF MATERIALS AND INFORMATION FOUND ON THIS SITE. NONE OF THE INFORMATION CONTAINED ON THIS SITE OR ANY NEWSLETTERS, EMAILS OR ANY OTHER INFORMATION YOU ACCESS OR RECEIVE FROM CLEAR INDEXES OR ITS AFFILIATES ("INFORMATION") CONSTITUTES A RECOMMENDATION THAT ANY PARTICULAR SECURITY, PORTFOLIO OF SECURITIES, TRANSACTION, OR INVESTMENT STRATEGY OR OTHER MATTER ("INVESTMENT") IS SUITABLE FOR YOU OR ANY SPECIFIC PERSON. YOU FURTHER UNDERSTAND THAT CLEAR INDEXES AND ITS AFFILIATES WILL NOT ADVISE YOU PERSONALLY CONCERNING THE NATURE, POTENTIAL, VALUE OR SUITABILITY OF ANY PARTICULAR INVESTMENT REFERRED TO ON THIS SITE, EXCEPT TO THE EXTENT YOU ARE A MANAGED ACCOUNT CLIENT OF Clear Asset Management Inc..
NO WARRANTY
THE INFORMATION, INVESTMENTS AND ALL MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, INFORMATION, LINKS, SOFTWARE OR OTHER ITEMS ARE PROVIDED "AS IS" AND "AS AVAILABLE". CLEAR INDEXES DOES NOT WARRANT THE ACCURACY, CURRENCY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION, INVESTMENTS AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION, INVESTMENTS AND MATERIALS. NO WARRANTY OF ANY KIND, WHETHER IMPLIED, EXPRESSED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION, INVESTMENTS AND MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL CLEAR INDEXES AND ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE, ANY INFORMATION OR INVESTMENTS RECEIVED FROM THE SITE, ANY E-MAIL DISTRIBUTED TO ANY USER OR ANY LINKED WEBSITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF CLEAR INDEXES OR ITS AFFLIATES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
INDEMNIFICATION
You will indemnify, defend and hold harmless Clear Indexes, and its affiliates, directors, officers, members, employees and agents, fully and effectively (to the fullest extent permitted by law) from and against any and all claims, actions, demands, proceedings, losses, liabilities, damages, costs and expenses (including legal fees, costs and expenses on a full indemnity basis) suffered or incurred by Clear Indexes or its affiliates arising out of or relating directly or indirectly to: (i) Your actions that are inconsistent with or in breach of these Terms and the foregoing shall include (but not limited to) any claim of defamation, libel, slander, obscenity, invasion of privacy or any allegation thereof or infringement or alleged infringement of copyright, trademark, moral right, trade secret, database rights or patent or of obligations of confidence or any other claims anywhere in the world brought by third parties or any failure by You to meet any third party obligations; (ii) Your violation of any applicable national or international law, rule or regulation in connection with its use of the Site; and (iii) any third party claims arising out of or in connection with Your use of or inability to use the Site.
TERMINATION
Clear Indexes, in its sole discretion, may terminate Your use of the Service for any reason without prior notice. You acknowledge and agree that Clear Indexes may immediately deactivate or delete Your user account and all related information and files in Your user account and/or bar any further access to the Service, except as limited by law. Clear Indexes will not be liable to You or any third-party for any termination of Your access to the Service.
NO CONTRACTUAL OBLIGATIONS
Except as otherwise specifically agreed in writing or as provided in any other terms and conditions applicable to transactions conducted between You and Clear Indexes through the Site, nothing on this Site is an offer which can be accepted by You so as to create contractual obligations without further action by Clear Indexes.
PROPRIETARY RIGHTS AND LIMITED LICENSES
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and, as between You and Clear Indexes, Clear Indexes shall own all rights, title and interest in and to the Service and the Software, subject only to the express licenses granted herein. The content contained in the Information and Investments presented to You through the Service is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Clear Indexes, You may not modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, Software, Investments, or Information in whole or in part. Subject to the Terms, Clear Indexes grants You a personal, non-transferable and non-exclusive right and license to use the Site on a single computer at a time. You may not and may not allow any third party to, copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Site or any part thereof. You agree not to modify the Site in any manner or form, or to use modified versions of the Site, including without limitation for the purpose of obtaining unauthorized access to the Service. You agree to use the Site and any Information only for personal, non-commercial purposes.
TRADEMARK INFORMATION
The Clear Indexes name and the Clear Indexes logo and other Clear Indexes product and service names are trademarks of Clear Indexes LLC (the "CLEAR Marks"). Without the prior written permission of Clear Indexes, You agree not to display or use the CLEAR Marks in any manner. The use of the name of any "legendary investor" appearing on this Site is solely to identify our interpretation of such investor's investment methodology, as derived from published sources. The use of such names is not intended to suggest or imply any affiliation with or endorsement of, or even any agreement with, the information displayed on this Site by such persons, or any knowledge or approval by such persons of the content on this Site. All trademarks, service marks and trade names appearing on this Site are the property of their respective owners.
COPYRIGHTS AND COPYRIGHT AGENTS
Clear Indexes respects the intellectual property of others, and we ask our users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide the Copyright Agent of Clear Indexes the following information:
The Copyright Agent of Clear Indexes for Notice of claims of copyright infringement on the Site is the Chief Compliance Officer who can be reached by email at customerservice@ClearAM.com.
INTERNATIONAL USE
The purpose of this Site is for information distribution on products and Services. Any communications with prospective clients residing in states or international jurisdictions where Clear Indexes is not authorized, registered or licensed shall be limited so as not to trigger authorization, registration or licensing requirements. Recognizing the global nature of the Internet, You agree to comply with all applicable local laws and rules regarding online conduct and acceptable User Content. Without limiting the generality of the foregoing, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside.
AVAILABILITY
This Site is not 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 local law or regulation. Technical problems affecting the Service or other situations on this Site can result in the Service being temporarily or permanently suspended. Service may not be available at all times due to regular maintenance, upgrades, technical problems, and other reasons.
ADDITIONAL TERMS
Certain sections or pages on this Site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
GOVERNING LAW
Use of this Site shall be governed by all applicable Federal laws of the United States of America and the laws of the State of New York, without regard to principles of conflicts of laws. You and Clear Indexes agree to submit to personal and exclusive jurisdiction of the courts located within the county of New York, New York. YOU AND CLEAR INDEXES HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THIS SITE. The failure of Clear Indexes or its affiliates to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court or arbitrator of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
CONSENT TO ELECTRONIC DELIVERY
By agreeing to electronic delivery, You are giving informed consent to electronic delivery of all Communications (defined below) delivered to You by Clear Indexes. “Communications" mean any information, documents, data and records regarding the Service (including amendments to this Agreement) delivered or provided to You by Clear Indexes. Revocation of Consent You may revoke or restrict Your consent to electronic delivery of Communications anytime, subject to the terms of this Agreement, by notifying Clear Indexes in writing or by phone of Your intention to do so. You also have the right to request paper delivery of any Communication that the law requires Clear Indexes provide to You in paper form. You understand that if You revoke or restrict Your consent to electronic delivery of Communications or request paper delivery, Clear Indexes, at its discretion, may charge You a reasonable service fee for the delivery of Communications that would otherwise be delivered to You electronically, or restrict Your Account. Neither Your revocation or restriction of consent, Your request for paper delivery, nor delivery of paper copies of Communications by Clear Indexes will affect the legal effectiveness or validity of any electronic communication provided while Your consent was in effect. Clear Indexes will notify You by e-mail when Communications are posted on the Site if required by law. All e-mail notifications of Communications will be sent to Your e-mail address of record. You acknowledge that the Internet is not a secure network and that communications transmitted over the Internet may be accessed by unauthorized or unintended third parties. E-mail notifications sent by Clear Indexes will not contain sensitive or confidential customer information. Due to security risks, You will not send any sensitive information, in an unencrypted e-mail. E-mails on rare occasions may fail to transmit properly.
YOUR ACCESS TO EMAIL
You confirm and agree that You have access to the means necessary to access e-mail and that all Communications provided to You in any of the ways described above will be deemed to have been good and effective delivery to You when sent or posted by Clear Indexes, regardless of whether You actually or timely receive or access the Communications. You agree to promptly and carefully review all Communications as and when delivered and notify Clear Indexes by telephone within, unless otherwise provided herein, five (5) days of delivery if You object to the information provided. Clear Indexes is entitled to treat such information as accurate and conclusive unless You object in writing within five (5) days of delivery.
DURATION OF CONSENT
This consent will be effective immediately and will remain in effect unless and until either You or Clear Indexes revoke it. You understand that it may take up to three (3) days to process a revocation of consent to electronic delivery, and You may receive electronic notifications in the interim. Your Agreement by using this Site, You acknowledge and agree to these Terms and Conditions. If You do not agree to any terms of these Terms and Conditions, please do not use the Site. Clear Indexes reserves the right to change, add or remove all or part of these Terms and Conditions at any time by posting the changes on this page. Your continued use of the Site following the posting of changes to these terms means You accept such changes. If You have any comments or questions about these Terms and Conditions, please contact us at either of the following addresses:
505 Park Avenue, 2nd Floor
New York, NY 10022 or
info@Clearam.com or
call us at 1-866-641-5600.
COPYRIGHT © CLEAR INDEXES LLC. 2006. ALL RIGHTS RESERVED.
Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by CLEAR INDEXES LLC unless otherwise indicated.