EPOCH’S TERMS AND CONDITIONS OF USE
Welcome to the Epoch.com web site! This website is owned and operated by Epoch Securities, Inc., its affiliates, agents and licensors (collectively, "we", "us", "our" or "Epoch"). You may use the public areas of Epoch.com (the "Website") only if you agree, without modification, to these terms and conditions (the "Terms"). By proceeding to use the Website, you agree, on your own behalf and, to the extent applicable, on behalf of any employer or organization for which you act (the "Employer"), to comply with all of the Terms, and represent and warrant, if applicable, that you have the power and authority to agree on behalf of and to bind the Employer. The terms "you", "your" and words of similar meaning shall mean you personally and, if applicable, your Employer.
GRANT OF LICENSE
Epoch grants you a single, non-exclusive, limited personal license to access and use the Website solely for the purposes described herein and on the Website and conditioned on your continued compliance with the terms and conditions in these Terms. You may not transfer or share your right to access or use of the Website.
ACCESSING THE WEBSITE
With the exception of applications commonly known as Web Browser software, or other applications formally approved by Epoch in writing, you agree not to use any software, program, application or any other device to access or log on to Epoch's Website or to automate the process of obtaining, downloading, transferring or transmitting any content, information or quotes to or from Epoch's Web site. Epoch is not responsible for, and makes no warranties regarding, the access, speed or availability of the Internet in general or the Website in particular.
You agree that you will not: (a) use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on either; (c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; (d) reverse engineer, reverse assemble or otherwise attempt to discover any source code; or (e) use any software, program, application or manual process to access or log on to Epoch's computer systems or proprietary software. Much of the information on the Website is updated on a real time basis and is proprietary or is licensed to us by others. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Website without our prior written permission, or that of the appropriate third party.
THIRD PARTY SOFTWARE
Epoch may make available third party software as part of the functionality of the Website ("Third Party Software"). You shall have a limited, revocable, non-transferable right to use the Third Party Software for your personal and internal uses subject to these Terms and to any other terms and conditions pursuant to which the Third Party Software is made available. You will not, without the prior written approval of Epoch, (i) copy the Third Party Software, (ii) redistribute, sublicense, lease or rent the Third Party Software, (iii) embed the Third Party Software into other products, (iv) use the Third Party Software under any timesharing arrangement, (v) use the Third Party Software other than in connection with the Website, (v) reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Third Party Software. The suppliers of such Third Party Software, if any, retain all right title and interest in the Third Party Software.
MANNER OF USE - NO INVESTMENT ADVICE OR RECOMMENDATIONS
The Website and its content are for information, education, and entertainment purposes only. You alone will need to evaluate the merits and risks associated with the use of the Website. Although the Website may provide information relating to approaches to investing or types of securities and investments you might buy or sell, no information available through the Website is intended or should be construed as an investment recommendation to you or endorsement from Epoch. Nothing contained on the Website constitutes investment advice, legal, financial, tax or accounting advice, or advice regarding the suitability or profitability of any security, transaction or investment. Decisions based on information contained within the Website are your sole responsibility. In exchange for using the Website, you agree not to hold Epoch liable for any possible claim for any damages arising from any decision you make based on such information. In addition, nothing on this Website constitutes an offer which can be accepted by you so as to create any contractual obligations without further action by Epoch Epoch and its affiliates and their respective officers, directors, employees and agents including persons involved in the preparation of the information contained within this Website, may from time to time deal in, hold or act as market maker or act as advisors, brokers or commercial and/or investment bankers in relation to the securities, or derivatives thereof, of companies mentioned in this Website or be represented on the board of such companies. Epoch and its affiliates and their officers, directors, employees and agents are under no obligation to disclose or take account of the information contained in this Website when advising or dealing with or for their clients and may have acted upon or made use of the information contained in this Website.
FINANCIAL MARKET INFORMATION; NO WARRANTY
Financial Information. The Website may make available certain financial market data, quotes, news, research and opinions or other financial information (collectively "Information") that has been independently obtained by certain financial market information services, financial publishers, various securities markets including stock exchanges and their affiliates and other providers (collectively the "Information Providers") or has been obtained by Epoch. Epoch does not guarantee or certify the accuracy, completeness, timeliness or correct sequencing of the Information made available through Epoch, the Information Providers or any other third party transmitting the Information (the "Information Transmitters"). You agree that neither Epoch, the Information Providers nor the Information Transmitters shall be liable in any way for the accuracy, completeness, timeliness or correct sequencing of the Information, or for any decision made or action taken by you relying upon the Information. You further agree that neither Epoch, the Information Providers nor the Information Transmitters will be liable in any way for the interruption of any data, Information or other aspect of the Website. You understand that none of the Information available through the Website constitutes a recommendation or solicitation that you should purchase or sell any particular security. Disclaimer of Warranties. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE AND NO WARRANTY OF NON-INFRINGEMENT. THERE IS NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE INFORMATION, INCLUDING RESEARCH REPORTS, OR ANY ASPECT OF THE WEBSITE (INCLUDING BUT NOT LIMITED TO INFORMATION ACCESS).
SUBMISSIONS AND POSTINGS
Unless otherwise indicated for a particular service, any communications or material you email, post or otherwise transmit through the Website, including data, questions, comments, or suggestions will be treated as non-confidential and nonproprietary. On occasion Epoch may reproduce, disclose, transmit, publish, broadcast, or post such communications or material. Furthermore, Epoch is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Epoch for any purpose whatsoever, including, but not limited to, developing and marketing products using such information, without any obligation or liability to any party.
Epoch may provide a link to other sites as part of the Website. Such sites are not under the control of Epoch. Although Epoch endeavors to provide information from sources it believes to be reliable, the accuracy and reliability of these sources and the completeness of any such information cannot and is not guaranteed and Epoch makes no representations whatsoever concerning the content of those sites. Accordingly, Epoch accepts no responsibility for the information provided on any website accessed, directly or indirectly, through any links on the Website. Unless we expressly state otherwise, the fact that Epoch has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and Epoch cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.
DISCLAIMER OF WARRANTIES
While Epoch has tried to provide accurate and timely information through the Website, there may be inadvertent technical or factual inaccuracies and typographical errors. Epoch reserves the right to make changes and corrections at any time, without notice. The information provided through the Website is provided "AS IS" and "AS AVAILABLE." Epoch does not warrant the accuracy, completeness or timeliness of the information, text, graphics, links or other items contained in the Website. Epoch provides no guarantee against the possibility of deletion, mis-delivery or failure to store communications, personalized settings, or other data. Epoch expressly disclaims all liability for errors or omissions in, or the misuse or misinterpretation of, any information contained in the Website. Epoch may change information contained on the Website at any time and makes no commitment to update the information contained on the Website. USE OF THE WEBSITE IS AT YOUR OWN RISK, AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING, USE OF OR ACCESS TO THE WEBSITE AND/OR CONTENT. THE ENTIRE RISK OF LOSS AS TO THE USE OF THE WEBSITE IS ASSUMED BY YOU.
Further, Epoch makes no warranties regarding the Website. Epoch and its affiliates and agents disclaim all warranties, either express or implied, including but not limited to implied warranties of merchantability, accuracy, fitness for a particular purpose, and non-infringement.
LIMITATION OF LIABILITY AND INDEMNIFICATION
You agree to indemnify and hold Epoch and its affiliates, agents, employees, and licensors harmless from any claim or demand, including attorneys' fees, made by any third party arising our of your use of any portion of the Website or your violation of these Terms. EXCEPT TO THE EXTENT THAT LIABILITY UNDER ANY APPLICABLE LAW OR REGULATION CANNOT BE EXCLUDED, EPOCH IS NOT LIABLE FOR LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING AS A RESULT OF (1) INFORMATION EXPRESSLY OR IMPLIEDLY PUBLISHED ON THIS WEBSITE, OR (2) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE. EPOCH SHALL HAVE NO LIABILITY ARISING FROM ORDERS, INVESTMENT DECISIONS OR PURCHASES OF THIRD PARTY GOODS OR SERVICES (INCLUDING FINANCIAL INSTRUMENTS AND CURRENCY) BASED ON THE INFORMATION PROVIDED ON THE WEBSITE. EXCEPT TO THE EXTENT THAT LIABILITY UNDER ANY APPLICABLE LAW OR REGULATION CANNOT BE EXCLUDED, UNDER NO CIRCUMSTANCES SHALL EPOCH BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE FORESEEABLE
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
RESTRICTIONS ON USE
Except as otherwise permitted by Epoch, no materials from the Website or any site owned, operated, licensed or controlled by Epoch may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on the Website for non-commercial, personal use. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of the Website for public or commercial purposes, including any text, images, audio, or video without Epoch's written permission.
TRADEMARKS AND COPYRIGHTS
The Website and its content are owned by Epoch or its affiliates or agents and are protected by United States copyright laws and international treaty provisions. All content, trademarks, services marks, trade names, logos, and icons are proprietary to Epoch or its affiliates or agents. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website without the written permission of Epoch or such third party that may own the trademarks displayed on the Website. Your use of the trademarks displayed on the Website, or any other content on the Website, except as provided herein, is strictly prohibited.
Images displayed on the Website are either the property of, or used with permission by, Epoch. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted under these Terms. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
MODIFICATIONS TO THE WEBSITE
Epoch reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Website with or without notice. You agree that Epoch will not be liable to you or to any third party for any such modification, suspension or discontinuance.
TERM AND TERMINATION
The limited license granted under these Terms will terminate if you fail to comply with any term or condition. Upon such violation, you agree to terminate access to the Website. You agree that Epoch, in its sole discretion and with or without notice, may terminate your access to any or all of the Website, and remove and discard any information or content within the Website. Epoch may also in its sole discretion with or without notice discontinue providing the Website. You also agree that Epoch will not be liable to you or any third-party for any termination of your access to the Website
GOVERNING LAW; MISCELLANEOUS
These Terms be governed and interpreted pursuant to the laws of the State of California, notwithstanding any principles of conflict of law or your actual state or country of residence. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. No failure or delay on the part of Epoch in exercising any right under these Terms shall operate as a waiver of, or impair, any such right. No single or partial exercise of any such right shall preclude any other or further exercise thereof or the exercise of any other rights. No waiver of any such right shall be deemed a waiver or modification of any other right under these Terms.
These Terms and Conditions of Use were last updated on December 1st, 2000.
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