TERMS OF USE
This website is operated by
Mergent, Inc., a member of the London Stock Exchange plc group of companies
(“us/we/our/Mergent”), the owner of the MERGENT trademark and other related
trademarks and logos (“Marks”). “Website” or “Site” means the website located
at www.mergent.com, any subsequent URL which may replace it, and all associated
URLs, micro sites and websites, which includes fordequity.com, fordupdate.com,
intrinsic-research.com, mergentonline.com, mergentarchives.com, bv.mergent.com, eventsdata.com,
mergentinvestoredge.com, mergentintellect.com,
mergentmddi.com, mergentkbr.com, epiconline.com, predictdiv.com,
mergentbluesky.com, mergentbusinesspress.com,
mergentsmartbeta.com, mergent.firstresearch.com,
mergentindustryreports.com, getmergentintellect.com, and us-marketatlas.com.
“You/your” means you as a user of the Website. “User” means all users of this
Website. We offer this Website, including all information and services
available from this Website, to you conditioned upon your acceptance of all the
terms, conditions, policies and notices stated herein. YOUR CONTINUED USE OF
THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE.
By accessing this Website, you
agree to be bound by the Terms of Use set forth herein. If there is anything you
do not understand, please email any inquiry to Customerrelations@ftserussell.com.
If at any time you do not agree to these Terms of Use, please do not use this
Website.
YOU SHALL NOT USE THE WEBSITE
FOR ANY ILLEGAL PURPOSES, AND YOU WILL USE IT IN COMPLIANCE WITH ALL APPLICABLE
LAWS AND REGULATIONS. YOU SHALL NOT USE THE WEBSITE IN A WAY THAT MAY CAUSE THE
WEBSITE TO BE INTERRUPTED, DAMAGED, RENDERED LESS EFFICIENT OR SUCH THAT THE
EFFECTIVENESS OR FUNCTIONALITY OF THE WEBSITE IS IN ANY WAY IMPAIRED. YOU AGREE
NOT TO ATTEMPT ANY UNAUTHORIZED ACCESS TO ANY PART OR COMPONENT OF THE WEBSITE.
1.
Intellectual
Property Ownership and Use
1.1
You
acknowledge and agree that the Marks, copyrights and any and all other
intellectual property rights in all material or content contained within this
Website shall remain at all times vested in us or, in the cases where we are
using such material or content under authority from a third party, in the owner
of such material or content.
1.2
We grant you
the limited right to access and make use of the Website as our User. However,
you shall not: a) reproduce, duplicate, copy, sell or otherwise exploit the
Website or any image, page layout, page design, trade dress, trademark, logo or
other content (“Site Content”) for any commercial purpose; b) use a robot,
spider or data mining or extraction tool or process to monitor, extract or copy
Site Content; c) use any meta tags, search terms, key terms, or the like that
contain the Website’s name or our Marks; d) engage in any activity that interferes
with the Website or another user’s ability to use the Website; e) modify,
create derivative works from, reverse engineer, decompile or disassemble any
technology used to provide the Website and the goods or services offered on the
Website; or f) assist or encourage any third party in engaging in any activity
prohibited by these Terms of Use.
1.3
You
shall not use, copy, distribute, or exploit any of the Marks or Site Content in
any manner without our prior written permission.
1.4 All Site Content and all materials
and content contained within the Website, including but not limited to the
text, graphics, logos, button icons, images, audio clips, video clips,
articles, posts and data compilations appearing on the Website, are owned by
us, or used by us under authorization, and are protected by U.S. and foreign
trademark and copyright laws. No portion of the materials or content on these
pages may be reprinted or republished in any form without our express written
permission.
2. Infringement Notice
2.1 We respect the intellectual property
rights of others and require that our users do the same. If you believe your
work has been copied in a manner that constitutes copyright infringement, or
you believe your rights are otherwise infringed or violated by anything on the
Website, please notify us by sending an email to the following address:
Customerrelations@ftserussell.com.
2.2 In order for us to more effectively
assist you, the notification must include all of the following:
a. A physical or electronic signature of
the owner of the right claimed to be infringed or the person authorized to act
on the owner’s behalf;
b. A description of the copyrighted work
or other right you claim has been infringed or violated;
c. Information reasonably sufficient to
locate the material in question on the Website;
d. Your name, address, telephone number,
e-mail address and all other information reasonably sufficient to permit us to
contact you;
e. A statement by you that you have a
good faith belief that the disputed use is not authorized by the rightful owner,
its agent or the law; and
f.
A
statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the owner of the right claimed to be
infringed or violated or are authorized to act on behalf of the owner.
3.
Errors
and Inaccuracies
We strive to provide complete, accurate, up-to-date
information on the Website. Unfortunately, despite those efforts, human or
technological errors may occur. The Website may contain typographical mistakes,
inaccuracies, or omissions, and some information may not be complete or
current. We reserve the right to correct any errors, inaccuracies or omissions,
and to change or update information at any time without prior notice.
4. Changes to Website or These Terms of
Use
4.1 Other than as may be required by law,
we reserve the right to modify or withdraw, temporarily or permanently, the
Website (or any part of) with or without notice to you, and you confirm that we
shall not be liable to you or any third party for any modification to withdraw
or withdrawal of the Website or any portion of it.
4.2 We may alter these Terms of Use from
time to time, and your use of the Website (or any part of the Website)
following such change shall be deemed to be your acceptance of such change. It
is your responsibility to check regularly to determine whether the Terms of Use
have been changed. If you do not agree to any change to the Terms of Use,
then you must immediately stop using the Website.
4.3 The Website is subject to constant
change. You will not be eligible for any compensation because you cannot
use any part of the Website or because of a failure, suspension or withdrawal
of all or part of the Website.
5. External Sites and Resources
We are not responsible for the availability of any websites
owned or controlled by third-parties. We do not endorse and are not responsible
or liable, directly or indirectly, for the privacy practices or the content
(including misrepresentative or defamatory content) of any third party
websites, including (without limitation) any advertising, products or other
materials or services on or available from such websites or resources, nor for
any damage, loss or offense caused or alleged to be caused by, or in connection
with, the use of or reliance on any such content, goods or services available
on such third-party external sites or resources.
6. Online Services
6.1 You are responsible for maintaining
the confidentiality of your account and password and for restricting access to
your computer. You agree to accept responsibility for all activities that occur
under your account or password, regardless of whether such use is authorized by
you or not.
6.2 This Website is meant for users 18
years old and over.
7. Downloading Files
We cannot and do not guarantee or warrant that files
available for downloading through the Website will be free of infection by
software viruses or other harmful computer code, files or programs.
8. Disclaimers
8.1 WE MAKE NO WARRANTIES, WHETHER EXPRESS
OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE WEBSITE. THE
WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY
REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
IN RELATION TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED
WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.
8.2 WE MAKE NO WARRANTY THAT THE WEBSITE
WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER
THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL,
ACCURATE, OR RELIABLE.
8.3 AS SET FORTH IN THE WEBSITE PRIVACY
POLICY, YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE, AND THEREFORE SHALL NOT BE IN
ANY WAY RESPONSIBLE FOR, THE SECURITY OR PRIVACY OF THE WEBSITE AND ANY
INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU.
9. Limitations on Liability
YOU WAIVE AND SHALL NOT ASSERT ANY CLAIMS OR ALLEGATIONS OF
ANY NATURE WHATSOEVER AGAINST MERGENT, ITS AFFILIATES OR SUBSIDIARIES, THEIR
SPONSORS, CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR
SUCCESSORS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS
OR EMPLOYEES (COLLECTIVELY, THE "RELEASED PARTIES") ARISING OUT OF OR
IN ANY WAY RELATING TO YOUR USE OF THE SITE OR THE CONTENT, INCLUDING, WITHOUT
LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF
PROPRIETARY RIGHTS, ALLEGED INACCURACY OF CONTENT, OR ALLEGATIONS THAT ANY
RELEASED PARTY HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY
THIRD-PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION
OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK. IN NO EVENT SHALL MERGENT BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST
PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF MERGENT HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, MERGENT'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.
10. Indemnification
YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US
AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING
LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY USER CONTENT YOU POST TO THE
WEBSITE AND ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES OR THESE TERMS OF
USE BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE, OR
THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR COMPUTER OR
INTERNET ACCESS ACCOUNT.
11. U.S. Export Controls
Software from the Website (the "Software") is
further subject to United States export controls. No Software may be downloaded
from the Website or otherwise exported or re-exported (a) into (or to a
national or resident of) Cuba, Sudan, Libya, North Korea, Iran, Syria, or any
other Country to which the United States has embargoed goods; or (b) to anyone
on the United States Treasury Department's list of Specially Designated
Nationals or the United States Commerce Department's Table of Deny Orders. By
downloading or using the Software, you represent and warrant that you are not
located in, under the control of, or a national or resident of any such country
or on any such list.
12. Investigations of Violations of These
Terms
We may investigate any reported violation of these Terms of
Use and take any action that we deem appropriate. Such action may include, but
is not limited to, issuing warnings, removing posted content and/or reporting
any activity that we suspect violates any law or regulation to appropriate law
enforcement officials, regulators, or other third parties.
13. Password Security
The Website contains or may contain an opportunity to
register. If you register to become a member of the Site, you are responsible
for maintaining the confidentiality of your user name and password information,
and for restricting access to your account. You agree to accept responsibility
for all activities that occur under your user name and password.
14. Notice for California Users
Under California Civil Code Section 1789.3, California
Website users are entitled to know that they may file grievances and complaints
with: the Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs, in writing at 400 R Street, Suite
1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800)
952-5210, or by email at dca@dca.ca.gov.
15. Mandatory Arbitration of Disputes.
These Terms provide that all disputes between you and us will
be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO
COURT to assert or defend your rights under this contract, except for matters
that may be taken to small claims court. Your rights will be determined by a
NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought
as a class action. You agree that any dispute arising out of or relating to
this Agreement, including with respect to the interpretation of any provision
of this Agreement or concerning the performance or obligations of Mergent or
you, shall be resolved by mandatory and binding arbitration submitted to JAMS
in accordance with its Commercial Arbitration Rules at the request of either
Mergent or you pursuant to the following conditions:
a. Place of Arbitration Hearings. Unless
you elect to conduct the arbitration by telephone, written submission or an
in-person hearing in or near your hometown, arbitration will conducted at a
hearing held in the JAMS facility nearest to Mergent’s primary location.
b. Selection of Arbitrator shall be made
pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’
Comprehensive Arbitration Rules & Procedures, depending on the amount of
the claim as specified herein.
c. Conduct of Arbitration. For any claim
at or below $2,000.00, the arbitration shall be conducted by a single
arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For
claims exceeding this amount, the arbitration shall be conducted under JAMS’ Comprehensive
Arbitration Rules & Procedures Subject to the applicable JAMS procedure,
the arbitrator(s) shall allow reasonable discovery in the forms permitted by
the Federal Rules of Civil Procedure, to the extent consistent with the purpose
of the arbitration. The arbitrator(s) shall have no power or authority to amend
or disregard any provision of this section 15 or any other provision of this
Agreement, except as necessary to comply with JAMS’ Policy on Consumer
Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural
Fairness. The arbitration hearing shall be commenced promptly and conducted
expeditiously, with each of you and Mergent being allocated one-half of the
time for the presentation of its case. Unless otherwise agreed by the parties,
an arbitration hearing shall be conducted on consecutive days.
d. Findings and Conclusions. The
arbitrator(s) shall, after reaching judgment and award, prepare and distribute
to the parties written findings of fact and conclusions of law relevant to such
judgment and award and containing an opinion setting forth the reasons for the
giving or denial of any award. The award of the arbitrator(s) shall be final
and binding on the parties, and judgment thereon may be entered in a court of
competent jurisdiction.
e.
Costs
and Fees. You will be subject to a $250 filing fee to initiate an arbitration.
To the extent permitted by JAMS procedures, each party shall bear its own costs
and expenses and an equal share of the arbitrators' and administrative fees of
arbitration. Mergent will be responsible for its share of costs, expenses and
fees plus any costs, expenses and fees required of it under JAMS procedures.
Except where prohibited by law, the prevailing party shall be entitled to an
award of reasonable attorney fees.
f.
Litigation.
The Federal Arbitration Act and federal arbitration law apply to this
Agreement. Either party also may, without waiving any remedy under this
Agreement, seek from any court having jurisdiction any interim or provisional
relief that is necessary to protect the rights or property of that party,
pending the establishment of the arbitral tribunal (or pending the arbitral
tribunal's determination of the merits of the controversy). We also both agree
that you or we may bring suit in court to enjoin infringement or other misuse
of intellectual property rights.
g. The Federal Arbitration Act and
federal arbitration law apply to these Terms of Use.
h. Jurisdiction. Subject to the
requirement for arbitration hereunder, the parties consent to venue in New York
and to the non-exclusive jurisdiction of competent New York state or federal
courts in the District of New York for all litigation which may be brought
concerning or relating to the terms of, and the transactions and relationships,
contemplated by, this Agreement. The parties hereby agree to waive,
to the fullest extent permitted by law, any right to trial by jury of any claim,
whether now existing or hereafter arising, and whether in contract, tort,
equity or otherwise arising under these Terms of Use.
16. Class-Action Waiver
Both you and we expressly waive any ability to maintain any
class action proceedings in any forum. Any arbitration, claim or other
proceedings by or between you and us shall be conducted on an individual basis
and not in any class action, mass action, or on a consolidated or
representative basis. You further agree that the arbitrator shall have no
authority to award class-wide relief or to combine or aggregate similar claims
or unrelated transactions. You acknowledge and agree that this agreement
specifically prohibits you from commencing arbitration proceedings as a
representative of others. If for any reason a claim proceeds in court rather
than in arbitration, we each waive any right to a jury trial. Any claim that all
or part of this Class Action Waiver is unenforceable, unconscionable, void, or
voidable may be determined only by a court of competent jurisdiction and not by
an arbitrator.
17. Miscellaneous
17.1
Mergent
may be required by state or federal law to notify you of certain events. In
addition, Mergent may need to notify you from time to time regarding changes to
this Agreement or our Privacy Policy. You agree that such notices will be
effective upon Mergent posting them on the Website, sending them to you through
email or postal mail or notifying you via other means required by law. We will
use the contact information provided by you. If you do not provide us with
accurate information to contact you, Mergent will not be held liable if it
fails to notify you. Your continued use of the Website constitutes your
acceptance and agreement to be bound by any such changes. If at any time you do
not accept any changes to the Website, you must immediately cease use of the
Website, at a minimum, with respect to any such changes.
17.2
If
any part of these Terms of Use shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed to be severable from these
Terms of Use and shall not affect the validity and enforceability of any of the
remaining provisions of the Terms of Use. These
Terms of Use and our Privacy Policy, and any other terms or agreements that may
be posted on the Website (as may be amended from time to time) (“Website
Agreements”) contain the entire agreement between you and us relating to the
Website and your use of the Website and supersede any previous agreements,
arrangements, undertakings or proposals, written or oral, between you and us in
relation to such matters. No oral explanation or oral information shall alter
the interpretation of these Website Agreements. You confirm that, in agreeing
to accept these Website Agreements, you have not relied on any representation
except insofar as the same has expressly been made a representation in these
Website Agreements, and you agree that you shall have no remedy in respect of
any representation which has not become a term of these Website Agreements.
18. Contact Information
You may send us notices or communicate with us by email to
Customerrelations@ftserussell.com. If you send us an email that asks for a
response, and you do not receive a response within ten (10) business days,
please send us another email as we may not have received your previous email.
When you send e-mail to us you are communicating with us electronically and you
agree that we may communicate with you electronically. You acknowledge that
that communications by email are not considered confidential communications.
Therefore, please do not send us any confidential information by email.
Terms of Use Last Revised: March 17, 2017.