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Acceptance of Terms of Use These Terms of Use describes the terms and conditions that you are agreeing to as a condition to access to GaveKal Equity Analytics (including any related sub-domains) (the “Services”). Please read these Terms of Use carefully. By using any of Services, you agree to comply with these Terms of Use. If you do not agree to the Terms of Use, you agree not to use the Services, and GaveKal Capital, LLC, (“GaveKal,” “we,” “our,” or “us”) does not consent to provide you with access to the Services. Important Disclaimer Regarding the Information We Provide GAVEKAL is a publisher. You understand that no content published as part of the Services constitutes a recommendation that any particular investment, security, portfolio of securities, transaction or investment strategy is suitable for any specific person. GAVEKAL is not giving tax advice, legal advice, or other professional advice. You should always seek the assistance of a professional for advice on investments, tax, the law, or other professional matters. You understand that GAVEKAL, its employees, and affiliates will not advise you personally concerning the nature, potential, value or suitability of any particular investment, security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the content published as part of the Services may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person. The Services’interactive features are an educational and informational service designed to help subscribers identify savings and investment strategies. They do not take into account all of the unique circumstances that may affect a subscriber’s financial decisions, and nothing contained herein should be considered personalized investment advice that is tailored to the individual needs of subscribers. The results obtained by using these features should not serve as the sole or primary basis for making investment decisions. Subscribers should consult their financial advisors to develop a personalized plan that takes into account their individual needs and circumstances. You understand that the Services may contain opinions from time to time with regard to securities mentioned in the Services, and that those opinions may be different from those obtained by using another portion of the Services. In addition, certain of GAVEKAL affiliates and employees may, from time to time, have long and short positions in, or buy or sell the investments, securities, or derivatives thereof, of companies mentioned in the Services and may take positions inconsistent with the views expressed. You further understand that GAVEKAL and its employees, affiliates, and creators of the Services may not and will not advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of investments, securities, transaction, investment strategy or other matter. Accordingly, do not attempt to contact them seeking personalized investment advice, which they cannot provide. Past results are not necessarily indicative of future performance. You understand GAVEKAL and its employees, affiliates, and creators of the Services may write about investments or securities in which they or their firms have a position, and that they may trade for their own account. GAVEKAL and its employees may invest their own personal accounts in exactly the same manner as recommended to you. Additionally, GAVEKAL’s affiliates and creators of the Services may be trading on information similar or identical to that provided by the Services for their own account. GAVEKAL and its employees, affiliates, and creators of the Services may also invest in securities about which GAVEKAL does not write about as part of the Services. In cases where the position is held at the time of publication, appropriate disclosure is made. In addition, GAVEKAL and its employees are subject to certain restrictions on trading for their own account including. However, you understand and agree that at the time of any transaction that you make, one or more of GAVEKAL and its employees, affiliates, and creators of the Services may have a position in the investment or securities written about. The personal accounts of GAVEKAL and its employees, affiliates, and creators of the Services are too small to noticeably effect the market value of any underlying securities. You understand that performance data is supplied by sources believed to be reliable, that the calculations therein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete. From time to time, reference may be made in our marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and may not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon. When U.S. exchanges are open, any quotes are at least 15 minutes delayed. When U.S. exchanges are not open, quotes are only current as of the close of the last day of trading. Before selling or buying any investment, you should consult with a qualified broker or other financial professional to verify pricing information. Registration and Privacy In order to gain access to the Service, you must subscribe to GaveKal Equity Analytics by choosing a unique user name and password, and supply us with true, accurate, current and complete information about yourself, as required on the registration page. We may refuse to grant you a particular user name in our sole discretion. In consideration of use of the Services, your represent that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form and (b) maintain and promptly update you registration data to keep it true, accurate, current and complete. Our policy with respect to the collection and use of you personal information is set forth in our Privacy Policy. As a subscriber, you also have certain other obligations relating to your account:
Privacy Policy When you register with or subscribe to GaveKal Equity Analytics, we collect information from you that may include your name, email address, city, state and zip code, as well as other information, such as your gender, age, occupation, personal interests and similar information. In addition GAVEKAL may collect additional information about you, such as credit card information, stock and fund information, financial information, and employment information. The information we collect may be “personally identifiable information”, which is information that we can use to identify you as an individual. Personally identifiable information includes your name, address, telephone number and any other information that is connected with your identity. We want you to know that we pride ourselves in our efforts to maintain the privacy, safeguarding and confidentiality of any personally identifiable information. We do not disclose any personally identifiable information about you to anyone, except to provide you with the Services, and except as required by law. We restrict access to personally identifiable information about you to those employees who need to know that information to provide the Services to you. We maintain physical, electronic and procedural safeguards that comply with federal standards to guard your personally identifiable information. Subscription Renewal for the Services Your subscription will continue for the monthly or annual period you select during registration (the “Term”), and renew automatically at the end of the Term, unless you notify us of your decision not to renew your subscription by contacting us. If your do not notify us as described above, the then-applicable monthly or annual fee for your subscription will be billed automatically to the credit card you designated during the registration process (or subsequently changed). You will not receive a refund or reimbursement of your subscription fee after your subscription has renewed. In connection with recurring billing for subscription renewals, we may receive updated information about your account from the financial institution issuing your credit or charge card. You agree to pay all fees and charges incurred in connection with your user name and password (including any applicable taxes) at the rates in effect when the charges were incurred. You will have 60 days from the date of charge to notify us concerning any discrepancies in your credit card statement or any invoice; after that time, all charges will be deemed correct and no refunds will be given. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all attorneys' and collection agency fees. Subscriber Conduct You may not republish, upload, post, transmit or distribute content available through the Services 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. In addition, in connection with you use of the Services, you agree not to:
You also agree that at all times you will:
Disclaimer of Warranties and Limitation of Liability The Services and any content obtained or accessed through the Services is provided “as is” without representations or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, GAVEKAL, its officers, directors, employees, subsidiaries, affiliates, suppliers, advertisers, and agents disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose or use, and all warranties relating to the adequacy, accuracy or completeness of any information available through the Service. GAVEKAL and its affiliates and agents do not warrant that your use of the Services will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Services or the server(s) on which the Services are hosted are free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining computer hardware and other equipment needed to access and use the Services, and all charges related thereto. You assume total responsibility and risk for your use of the Services and your reliance thereon. No opinion, advice, or statement of GAVEKAL or its affiliates and agents whether made on the site or otherwise, shall create any warranty. You use of the site, the content contained therein, and materials provided through the site, are entirely at your own risk. A possibility exists that content available through the Services could include inaccuracies or errors, or materials that violate the Terms of Use. Additionally, a possibility exists that unauthorized alterations could be made to the content available through the Services by third parties. Although we attempt to ensure the integrity of our websites and the Services, we make no guarantees as to the completeness or correctness of any content available through the Services. In the event that such a situation arises, please contact us with a description of the material to be checked and the location (URL) where such material can be found on our websites, if applicable, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. Under no circumstances shall GAVEKAL be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties. NEITHER GAVEKAL NOR ITS AFFILIATES, SUPPLIERS, SUBSIDIARIES, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY SERVICE USED OR PURCHASED THROUGH GAVEKAL WHETHER SUCH DAMAGE IS FORESEEABLE OR NOT AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FOR AVOIDANCE OF DOUBT, DAMAGES ARISING UNDER THE SECTION ENTITLED “INDEMNIFICATION” (INCLUDING WITHOUT LIMITATION DAMAGES TO WHICH A PARTY IS ENTITLED TO INDEMNIFICATION UNDER SUCH SECTION THAT SUCH PARTY SUFFERS IN CONNECTION WITH THIRD PARTY CLAIMS FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARE DEEMED TO BE DIRECT DAMAGES OF THE INDEMNIFIED PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY 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 SERVICES IN THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION. Indemnification You agree to indemnify, defend and hold harmless GAVEKAL our current and former affiliates, our current and former officers, directors, employees, agents and representatives and their successors and assignees from and against any and all liabilities, claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses associated with or incurred as a result of or from (a) your violation of the Terms of Use; (b) your use of the Services; (c) your violation of the rights of any third party; (d) the actual or alleged infringement of any third party proprietary or intellectual property right arising out of the duplication, sale, distribution, or use of the Services, or (e) any liability arising from your use of the Services. GAVEKAL’s Proprietary Rights and Trademarks The Services and the content distributed through the Service is the property of GAVEKAL. You may access and use the content, and download and/or print out copies of any content from the Services, solely for your personal, noncommercial use. You acknowledge that you do not acquire any ownership rights by using the Services. If you are interested in reprinting, republishing or distributing content from GaveKal Equity Analytics , please contact us. “GaveKal Equity Analytics and “GAVEKAL” and other logos, marks, related product and services names, design marks, and slogans are trademarks, service marks, or registered trademarks of GAVEKAL or its affiliates. Such marks may not be used in any manner without the prior written consent of GAVEKAL. Changes to the Terms of Use and the Services We reserve the right at any time to:
Any changes we make to the Terms of Use will be effective immediately after we post the modified Terms of Use on www.gavekalcapital.com. Termination GAVEKAL reserves the right to restrict, suspend or terminate your use of and registration on any of its websites at any time for any reason in its sole discretion, with or without cause, without prior notice to you and without liability or further obligation of any kind whatsoever to you or any other party. GAVEKAL reserves the right to terminate your access to any portion of the Services in the event you violate the Terms of Use. In such case, fees paid prior to termination will be refunded on a pro rata basis. You may terminate your subscriber account, user name, any associated email address and access to the Services by submitting a termination request to us. Miscellaneous We reserve the right to limit the availability of the Services 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 that we provide. The Terms of Use, together with all GAVEKAL policies referred to herein, constitutes the entire agreement between you and GAVEKAL relating to your use of the Services and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. The Terms of Use and the relationship between you and GAVEKAL are governed by and construed in accordance with the laws of the State of Colorado, excluding (a) the application of principles of conflict of laws that otherwise might call for the application of the substantive law of another jurisdiction and (b) the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. You and GAVEKAL agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the City and County of Denver, Colorado waive any jurisdictional venue, or inconvenient forum objections to such courts and such courts shall have the sole and exclusive jurisdiction over any action, suit or other proceeding arising out of or relating to these Terms of Use. If any provision of the Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in the Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the Terms of Use. Notices For all notices, please contact us in writing: 1099 18th Street, Suite 2780 Denver, CO 80202,email: equityanalytics@gavekal-usa.com |