You agree to use the Site only for lawful purposes and only for your own personal, non-commercial use. You may download or print a single copy of any portion of the Content (hereinafter defined) provided on the Site for your personal, non-commercial use, provided you do not remove any trademark, copyright, or other notice contained in such material. No other use is permitted unless otherwise expressly permitted in writing by CoveMark. You may not, for example, use the Site to transmit, post, download, distribute, copy, display publicly, store, or destroy material (a) in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, patent, trademark, trade secret, or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others; or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive, or hateful. You are prohibited from violating or attempting to violate the security measures on the Site, including, without limitation:
- Attempting to probe, scan, or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host, or network.
- Sending unsolicited e-mail, including promotions and/or advertising of products or services.
- Hijacking all or any part of the Site or its Content, deleting or changing any Content, deploying pop-up messages or advertising, running, or displaying the Site, or any of its Content, in frames or through similar means on another site, or linking to the Site or any page within the Site, without our specific written permission.
- Using a false password or one belonging to another user or accessing data not intended for the user or logging into a server or account which such user is not authorized to access.
- Disclosing a password or permitting a third party to use a password or failing to notify us if a password is compromised.
We have absolute discretion to determine if any use violates these rules and to act as we deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.
You will be responsible for the confidentiality and use of your access number(s), password(s), and account number(s). YOU AGREE NOT TO HOLD US OR THIRD-PARTY SERVICE PROVIDERS LIABLE FOR ANY DAMAGES OF ANY KIND RESULTING FROM YOUR DECISION TO DISCLOSE YOUR ACCESS NUMBER(S), PASSWORD(S), OR ACCOUNT NUMBER(S) TO ANY THIRD-PARTY, INCLUDING BUT NOT LIMITED TO ENTITIES THAT AGGREGATE ACCOUNT INFORMATION OR WEBSITE CONTENT, OR PERSONS WHO ARE OR CLAIM TO BE ACTING AS YOUR AGENT, PROXY, OR INVESTMENT MANAGER. You will be responsible for all activities through and under your access number(s), password(s), and account number(s), and any instructions (to the extent applicable) received by us will be deemed to have been received from you. By using the Services, you agree to take all steps necessary to prevent unauthorized access to your account. You agree immediately to notify us if you become aware of any loss or theft of your access number(s), password(s), and/or account number(s); any unauthorized use of any of your access number(s), password(s), and/or account number(s); or of the Services.
YOUR PRIVACY RIGHTS
LINKS TO THIRD PARTY WEBSITES
CoveMark is not responsible for the contents of any linked website that may be contained on the Site, or any link contained in a linked website, or any changes or updates to such websites. The inclusion of any link does not imply endorsement by CoveMark of that website, or its owner, and is provided only for informational purposes. CoveMark reserves the right to reject any request for a link to a third-party website and to remove any link for any reason.
You will indemnify, defend, and hold harmless CoveMark and its subsidiaries, affiliates, and the Third-Party Service Providers, and each of their, officers, directors, employees, attorneys, and agents, from and against any and all damages, claims, and actions brought by you or any third-party resulting from your use of the Site in violation of these Terms, your violation of any state or federal laws or regulations, or the infringement by you of any intellectual property rights of any person or entity.
DISCLAIMER AND LIMITATION OF LIABILITY
THE CONTENT, SERVICES, INFORMATION, AND ACCESS TO THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. COVEMARK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. COVEMARK DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL BE UNINTERRUPTED, CONTINUOUS, OR ERROR-FREE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT SHALL COVEMARK OR ANY OF ITS AFFILIATES, THIRD-PARTY SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, AND LOST REVENUES, EVEN IF SUCH PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITE, OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
BY ACCESSING THE SITE, RECEIVING INFORMATION, OR USING THE SERVICES, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF THE THIRD-PARTY SERVICE PROVIDERS, OR ANY OTHER PERSONS INVOLVED IN TRANSMITTING INFORMATION OR PROVIDING THE SERVICES ARISING OUT OF ANY CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICES WILL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE SERVICES RELATED TO YOUR CLAIM. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions, including those that may relate to products or services. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. CoveMark will use commercially reasonable efforts to provide accurate and updated information. However, CoveMark cannot and does not guarantee the accuracy or completeness of such information. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
NO WAIVER; FORCE MAJEURE
RELATIONSHIP OF THE PARTIES
CoveMark may periodically publish industry-related content in the form of blog posts on the Site (the “Published Content”). The Published Content may include, but is not limited to, market commentary, articles regarding industry trends, republication of content from outside sources, and excerpts from books or other publications. No part of the Published Content may be reproduced in any form, or redistributed for any purpose, without the express written consent of CoveMark.
The Published Content is intended for informational purposes only; it does not constitute an offer to sell or solicitation of an offer to buy any interest in any security. Such an offer may only be made by the appropriate offering or disclosure documents. Communication absent these documents is for informational purposes only. Any past performance is for illustrative purposes only and is not indicative of future investment results. Any materials, comments, or statements (whether from outside sources) used in the Published Content do not necessarily reflect the views or opinions of CoveMark Investment Mgt, LLC, its subsidiaries, or affiliates. Perceptions, attitudes, and beliefs expressed in the Published Content, whether explicit or implied, are not intended as investment advice and are subject to change without notice.
The Published Content may contain certain projections that are based on assumptions which are subject to significant uncertainties, are difficult to predict, and are beyond the control of CoveMark. There can be no assurance that any projection or underlying assumption will be realized, and actual results may vary. Certain information included in the Published Content may have been provided by sources we believe to be accurate, however, we do not warrant the accuracy of such information.