The Application is owned by Emcee. If you do not agree with these Terms, you should immediately discontinue use of this Application. The Application may include or make available general news and information, commentary, research reports and data concerning the financial markets, securities and other subjects; market data such as quotations for securities transactions and/or last sale information for completed securities transactions reported in accordance with federal securities regulations; and access to blogs, wikis, online webinars, conferences, telecasts, podcasts and other public forums (collectively, “Content”). By using the public areas of the Application, you are indicating your acceptance, without modification, of the disclaimers, terms and conditions set forth in this document, which apply equally to Emcee, the Application and any information providers.
Content posted on the Application is published as of its stated date or, if no date is stated, the date of first posting. Except as may be required by applicable law, Emcee has no duty to update any such information.
You are solely responsible for evaluating the merits and risks associated with the use of the Application, any Content on the Application and any investment advisory services provided through the Application (the “Services”) before making any investment or other decision based upon the same. You agree not to hold Emcee liable for any possible claim for damages arising from any decision you make based on your use of the Application, the Services or any Content. Your election to engage the Services are subject to your explicit enrollment and acceptance of the separate Advisory Agreement , related fee schedule and applicable performance fee schedule.
The Content and Services offered on the Application are intended for U.S. residents only. They shall not be considered a solicitation to any person in any jurisdiction where such solicitation would be illegal.
Any portfolio recommendations sent via the Application will be delayed by the time it takes to receive the notification and potentially for other reasons. Emcee does not make any representations, warranties or other guarantees as to the accuracy or timeliness of any such recommendations. Emcee does not make any representations, warranties or other guarantees as to the present or future value or suitability of any sale, trade or other transaction involving any particular security or any other investment.
Content is provided exclusively for personal and noncommercial access and use. Emcee company names and logos and all related product and service names, design marks and slogans (collectively, “Marks”) are the property of Emcee or its affiliates, as applicable. You are not authorized to, and agree not to, download, display or use any Content or Mark in any publication, advertising, publicity or any other commercial or non-commercial manner, in connection with products or services that are not those of Emcee, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Emcee and/or its software or intellectual property licensors, that dilutes the strength of Emcee’s or its licensors’ property, or that otherwise infringes Emcee’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any Services or Content that appears on the Application. You may not modify, copy, distribute, publish, license or sell any Services or Content or any derivative work based on the Services or Content.
Emcee may discontinue or modify any category of Content or adjust its Services at any time. You release and agree to indemnify and hold harmless Emcee for any of your losses or damages arising from or relating to such discontinuation or modification. By using the Application, you consent to any form of recording and retention of any communication, information and data exchanged between you and Emcee or its representatives or agents.
Emcee may provide access to blogs, wikis, online conferences, telecasts, podcasts, or other forums (the “Forums”). All communications made at or through the Forums are public. Emcee does not, unless otherwise required by law, have any obligation to screen, review, approve or endorse any Content obtained through the Forums. Reliance on the Content is at your own risk. By displaying, publishing, or otherwise posting any content on or through the application (“User Content”), you hereby grant to Emcee a limited, irrevocable, non- exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute all User Content without the requirement to make payment to you or to any third party or the need to seek any third-party permission. This license includes the right to host, index, cache, distribute, and tag any of your User Content, as well as the right to sublicense such content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones. You continue to retain all ownership rights to your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the User Content submitted, displayed, published or posted by you on the application and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any User Content you submit, and our use thereof, does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity. Emcee may delete any User Content that in its sole judgment violates these Terms. When discussing a particular company, stock or security, you agree to reveal any ownership interest you have in such company, stock or security.
Emcee may provide links to other applications or resources. Because neither Emcee nor other information providers have any control over such applications and resources, you acknowledge and agree that Emcee is not responsible for the availability of such external applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such applications or resources. You further acknowledge and agree that Emcee shall not be responsible or liable, directly or indirectly, for any damage, liability or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such application or resources.
Content and Service are provided on an “as is,” “as available” basis, and Emcee does not make any representations as to the suitability of the Application, the Content, the Services or other materials for any purpose. Emcee expressly disclaims any and all warranties, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability and accuracy with respect to the Application, the Content, the Services and the other materials.