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.ma-research.com (the "Site") is owned and
operated by Managed Account Research, Inc. (“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.ma-research.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 California,
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
Santa Barbara County California, 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, Inc.
may modify any of the information, and such
modifications shall take effect immediately upon
their posting upon this Web site.
