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MEMBERSHIP AND SUBSCRIPTION
ERS is not registered with the U.S. Securities and Exchange Commission (or with the securities regulatory authority or body of any state or any other jurisdiction) as an investment adviser, broker-dealer or in any other capacity, and does not purport to provide investment advice or make investment recommendations by or through the Content found on the Site or otherwise. The Site and the Content are provided for the sole purpose of enabling you to conduct investment research. Other uses of the Site and the Content are expressly prohibited.
You agree and acknowledge that:
if you provide investment advice to third parties, or make investment decisions on their behalf, based in whole or in part on reports or other materials that you generate through your use of the Site: (1) you are solely responsible for ensuring that you are, if required by applicable laws, rules and regulations, appropriately registered or licensed to provide such investment advice or make such recommendations in the appropriate jurisdictions; (2) ERS does not evaluate or express any opinion on the suitability of any such advice or recommendation for any particular customer or client of yours in particular, or for your clients and customers in general; and (3) you provide any such advice or recommendation at your own risk based on your own independent professional judgment;
although ERS will not make data available to you through the Site if ERS has actual knowledge that such data is materially inaccurate, ERS does not independently verify and can give you no assurance as to the accuracy of data made available to you through the Site;
if you provide reports or other materials generated through your use of the Site to your clients or customers: (1) you are solely responsible for ensuring that such reports or other materials (a) are presented to such clients and customers in a form and manner that comply with all laws, rules and regulations that apply to you in connection with presenting materials of such nature to such clients or customers, including without limitation, laws, rules and regulations that regulate the use of and/or require certain disclosures to be made in connection with the presentation of hypothetical portfolios or hypothetical, back-tested or performance-related information to such clients and customers and/or that require certain risks be disclosed to such clients and customers; and (b) contain such risk and other disclosures, at such place or places, as ERS may from time to time specify to you in writing; and (2) you will not remove from any such reports or materials any risk or other disclosures formulated by ERS that appear on such reports or other materials at the time you generate them through your use of the Site;
you shall not construe the Site or the Content, or any reports or other materials that you generate through your use of the Site, as an offer to buy or sell, as a solicitation of an offer to buy or sell, or as a recommendation to buy, sell, hold or trade, any security or other financial instrument; and
you shall be responsible for effecting (or causing parties other than ERS and its affiliates to effect) investment transactions for all accounts under your management, ownership or supervision, and ERS shall not bear any responsibility to ensure that such investment transactions are effectively executed or that they otherwise comply with applicable laws, rules and regulations.
All Content accessed through this site is the Intellectual Property of ERS, or of the party that created and/or licensed the Content to ERS, and such Content is protected by copyright, trademark, trade dress and other intellectual property laws. No rights or title to any of the Intellectual Property contained on this site shall be considered transferred or assigned to you at any time. Subject to all applicable laws, you expressly agree that you will only use the Content for its limited purpose and will not copy, distribute, republish, modify, create derivative works of, or otherwise use the Content in any unauthorized way, without the prior written consent of ERS in each instance, except that you may print out and/or save one copy of the Content for your personal use only.
Any and all such Intellectual Property rights (including, but not limited to, copyrights, trade secrets, database rights, trademark rights, trade dress rights, rights to trade names, service marks and other product and service names and logos) associated with the Content are, and shall remain, the sole and exclusive property of ERS, its affiliates and/or their suppliers and licensors.
Any breach hereof by you may be enforced by ERS, its affiliates and/or their suppliers and licensors by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other rights and remedies that may be available. Actual or attempted illegal or unauthorized use of the Site, Marks or any Content are strictly prohibited and may result in criminal and/or civil prosecution.
ACCOUNTS, PASSWORDS AND SECURITY
SUBSCRIPTIONS; CHARGES ON YOUR BILLING ACCOUNT
ERS bills you through your online account (your “Billing Account”) for subscribing to the Site. You agree to pay ERS all charges at the prices you agreed to for subscribing to the Site by using your Billing Account, and you authorize ERS to charge your chosen payment provider (your “Payment Method”) for subscribing to the Site. You agree to make payment using that selected Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, ERS may in its discretion terminate your account immediately.
Your subscription will continue indefinitely until cancelled by you. After your initial subscription period, your subscription will automatically renew for an additional equivalent period, at the price you agreed to when subscribing; provided, however, ERS reserves the right to increase the subscription fee at any time upon 30 days’ notice to you. By subscribing, you authorize ERS to charge your Payment Method at the beginning of your initial subscription period and any subsequent subscription period. Your subscription will not begin until all charges have been processed. You also authorize ERS to charge you for any sales or similar taxes that may be imposed on your subscription payments. If you do not wish for your subscription to automatically renew or if you wish to cancel your subscription, written notice must be sent to ERS no less than 30 days in advance of any renewal subscription period.
You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as change in billing address, card number or expiration date), and you must promptly notify ERS if your Payment Method is cancelled, or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your username or password).
CONTENT POSTED BY YOU ON THE SITE
RESTRICTIONS ON USE OF THE SITE
You agree to use the Site in strict compliance with all applicable laws, rulings and regulations. ERS does not represent that the materials on the Site, including the Content, are appropriate or available for use in any particular location. If you access the Site including the Content therein, you are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content.
LINKS TO OTHER WEBSITES FROM THIS SITE
The Site may contain links to websites and resources, through hypertext or other computer links, operated by third parties other than ERS (collectively, the “Linked Sites”). These Linked Sites are provided solely for your reference and convenience, and not as an endorsement by ERS of the content on such Linked Sites or the operator or operation of such Linked Sites. ERS makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content found on any Linked Site. ERS is not responsible for the availability of the Linked Sites or the content or activities of such Linked Sites. If you decide to access Linked Sites, you do so at your own risk. You agree that ERS shall have no liability to you or any other person or entity for the use of third party Linked Sites. In addition, your use of Linked Sites may be subject to any applicable policies and terms and conditions of use posted on such Linked Sites.
THIRD PARTY CONTENT
DISCLAIMER AND LIMITATIONS OF LIABILITY
ERS, ITS AFFILIATES AND THEIR THIRD PARTY PROVIDERS DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. ERS, ITS AFFILIATES AND THEIR THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PERFORMANCE, ADEQUACY, ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE SITE, THE CONTENT OR ANY COMPONENT THEREOF OR ANY COMMUNICATIONS, INCLUDING BUT NOT LIMITED TO ORAL OR WRITTEN COMMUNICATIONS (INCLUDING ELECTRONIC COMMUNICATIONS) OR OUTPUT WITH RESPECT THERETO OR THAT THE SITE OR CONTENT WILL BE FREE OF VIRUSES, WORMS OR “TROJAN HORSES”. FURTHER, THE CONTENT, MADE AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THERE MAY BE TIMES WHEN THIS SITE OR ITS CONTENTS ARE UNAVAILABLE. YOU ASSUME THE SOLE RISK OF USING AND/OR RELYING ON THE CONTENT MADE AVAILABLE ON THE SITE.
NEITHER ERS, NOR ITS AFFILIATES, NOR THEIR THIRD PARTY PROVIDERS SHALL BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS OR DELAYS IN THE SITE, INCLUDING THE CONTENT. ERS, ITS AFFILIATES AND THEIR THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SITE, INCLUDING INFORMATION, DATA, SOFTWARE, SERVICES, PRODUCTS, INFORMATION OR THE CONTENT CONTAINED THEREIN. THE SITE, THE CONTENT AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN ‘AS-IS’ BASIS AND YOUR USE OF THE SITE AND THE CONTENT IS AT YOUR OWN RISK. ERS, ITS AFFILIATES AND THEIR THIRD PARTY PROVIDERS DO NOT ACT NOR SHALL BE DEEMED TO BE ACTING AS A FIDUCIARY IN PROVIDING THE SITE OR THE CONTENT. THE CONTENT SHOULD NOT BE RELIED ON AND IS NOT A SUBSTITUTE FOR THE SKILL, JUDGMENT AND YOUR EXPERIENCE OR THE EXPERIENCE OF YOUR ADVISORS AND/OR CLIENTS IN MAKING INVESTMENT AND OTHER BUSINESS DECISIONS.
ADDITIONAL LEGAL TERMS