Legal Disclaimers
Terms of Service
The following terms and conditions govern your use and access of the indexinvestor.com ("IndexInvestor" and "Index Investor LLC") website (the "Site"). By accessing, using, printing or downloading any material from the Site, you agree to use the Site in accordance with the terms and conditions stated herein. If you do not agree with the terms and conditions posted herein, you must exit the Site immediately and may not use or access the Site or print or download any materials from it. You may use and access the Site only in accordance with the terms and conditions contained herein. Please see the separate Privacy Policy for questions regarding the Site's privacy policy.
The Site is not designed for or directed at children under the age of 13.
Password and Security: When you subscribe to IndexInvestor, you will choose a UserID and Password. Your are responsible for keeping your UserID and Password confidential. You are responsible for all activity occurring through use of your UserID and Password. You agree to immediately notify IndexInvestor of any actual or suspected unauthorized use of your UserID or Password. IndexInvestor will not be responsible for any loss to you arising from your failure to comply with the above.
Trademark Information: IndexInvestor® and the IndexInvestor logo are trademarks and service marks of Index Investor LLC in the United States. Other manufacturers' product and service names referenced herein may be trademarks and service marks of their respective companies. IndexInvestor's marks may not be used publicly except with express written permission from Index Investor LLC, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Index Investors, Inc.
Single Copy License: All of the materials on this Site, including text, graphics and software, that may be downloaded ("Materials"), are protected by copyright, and any unauthorized use of the Materials may violate copyright, trademark, and any other applicable laws. You may download the Materials onto a single computer for your personal, non-commercial internal use only. You may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) remove any copyright or other proprietary notice from the Materials; (c) transfer the Materials to another person; or (d) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law. You agree to prevent any unauthorized copying of the Materials. This is a license to use and access the site, not a transfer of title. Any reproduction or redistribution of Materials not in accordance with this license is strictly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent of the law.
Ownership of Materials: The Site and Materials on the Site are copyrighted by IndexInvestor and are protected by worldwide copyright laws and treaty provisions. The Site and Materials may not be used, copied, modified, printed, or distributed in any way inconsistent with these terms and conditions without IndexInvestor's prior written approval. This means that you may not distribute the Materials, include the Materials on other servers or documents, or modify or reuse the Materials without the express written permission of IndexInvestor. However, you may, as expressly provided herein, print copies of the Materials for your own personal use, store the files on your own computer for your personal use, or reference hypertext documents on this Site from your own documents.
Disclaimer of Warranty: YOU EXPRESSLY AGREE THAT USE OF THE SITE OR ANY OF THE MATERIALS IS AT YOUR OWN AND SOLE RISK. THE SITE AND ALL MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. IndexInvestor MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR ANY OF THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES IndexInvestor MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. IndexInvestor MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTION ENTERED INTO THROUGH THE SERVICE AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability: YOU AGREE TO HOLD IndexInvestor HARMLESS FROM, AND YOU COVENANT NOT TO SUE IndexInvestor FOR, ANY CLAIMS BASED ON USING THIS SITE OR ANY OF THE MATERIALS. IndexInvestor SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY ARISE FROM ANY PERSON'S USE OF THE SITE, OR ANY OF THE MATERIALS, EVEN IF IndexInvestor HAS BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnity: You agree to defend, indemnify, and hold harmless IndexInvestor, its officers, directors, shareholders, employees, independent contractors and agents, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting or allegedly resulting from your use of this Site or any of the Materials contained herein or your breach or threatened breach of any of the terms and conditions set forth in these Legal Notices.
Links to Other Materials: This Site may from time to time contain links to other sites. The linked sites may not be under the control of IndexInvestor and IndexInvestor is not responsible for the content of any linked site or any link contained in a linked site. IndexInvestor reserves the right to terminate any link or linking program at any time for any reason, or to require any link to link only to the Site's homepage. IndexInvestor provides links to other web sites as a convenience to its users. IndexInvestor does not endorse companies or products to which it links. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk.
Designation of Agent: In accordance with Section 512 of the Digital Millennium Copyright Act (the "Act"), IndexInvestor has designated the following individual to act as an agent to receive notifications of any claimed infringements covered by the Act: Tom Coyne, Index Investor LLC, 23378 Fescue Drive, Golden, CO 80401 USA, tcoyne@indexinvestor.com.
In accordance with the Act, IndexInvestor reserves the right at any time to implement a "notice and takedown" procedure as contemplated by the Act upon receipt of any notification of claimed infringement. IndexInvestor reserves the right at any time to disable access to, or remove any material or activity accessible on the Site or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. Export Control: You agree and acknowledge that Materials on this Site may be subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
Failure to Comply with Terms of Service: You acknowledge and agree that IndexInvestor may suspend or terminate your account if you engage in any conduct that IndexInvestor believes, in its sole discretion, violates any provision of the Terms of Service or violates the rights of IndexInvestor or third parties. The failure by IndexInvestor to insist upon or enforce strict performance of any provision in the Terms of Service will not be construed as a waiver of any provisions or right of IndexInvestor.
Applicable Laws: The Terms of Service is entered into in Golden, Colorado, and governed by and construed in accordance with the laws of the State of Colorado without giving effect to its conflict of laws provisions. Federal law governs copyright, patent, and trademark matters. In the event of any dispute between you and IndexInvestor in connection with this Site or any of the Materials contained herein, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Denver, Colorado, U.S.A. IndexInvestor makes no representation that this Site or any of the Materials contained herein are appropriate or available for use in other locations, and access to the Site or any of the materials from territories where the content may be illegal or is otherwise prohibited. Those who choose to access the Site or any of the materials from such locations do so in compliance with all applicable local laws.
This site is published in accordance with The Investment Advisers Act of 1940, Section 202(a)(11)(D) which excludes publishers of bona fide financial publications of general and regular circulation from the definition of an investment adviser, and the obligation to register as such under the Act. Under no circumstances shall Index Investor be liable for any investment losses attributed to the use of this site.