Effective: October 1, 2016
Assistance. If you have any questions or comments, we invite you to contact us by email at firstname.lastname@example.org.
Subscriptions and Purpose of Use: The materials and services accessible through this Website, including without limitation all relevant research and data, have been made available by Pacific Epoch to its Subscribers. Prior to, and for the duration of, accessing and using the materials and services available through the Website, Subscribers must sign and adhere to the Master Research Services Agreement, the Statement of Work, and/or any other relevant agreement(s) provided by and/or entered into with Pacific Epoch. These agreements are incorporated into and are a part of these Terms by reference. To the extent that these agreements and the Terms conflict, the terms of the agreements shall control. Subscribers and/or their Authorized Users shall access and use the Website and the materials and services available through the Website solely for the Subscriber’s internal business purposes.
Access to the materials and services available through the Website by Non-Subscribers is only permissible upon the prior express consent of Pacific Epoch. Non-Subscribers without the prior consent of Pacific Epoch may not access and use the materials and services available through the Website. Non-Subscribers accessing or using, copying, reproducing, republishing, uploading, posting, transmitting, distributing, or modifying the materials and services made available through the Website shall be liable for actual and punitive damages including, but not limited to, those available under trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. In the event Pacific Epoch grants permission to any Non-Subscriber to access any such materials and services, such Non-Subscriber agrees that access is limited to such Non-Subscriber’s personal use and may not be used, shared, or distributed, in whole or in part, for any other purpose or to any third party at any time.
Products and Specifications: Details of the products and services available for purchase are set out on the Website. All features, content, specifications, products and prices of products and services described or depicted on this Website are subject to change at any time without notice. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule.
You acknowledge that Pacific Epoch may establish limits concerning use of the products and content made available through our Website, including the maximum number of days that content will be retained by us, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by us, and the frequency with which you may access the Website and the content available thereupon. You agree that Pacific Epoch has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by us. You acknowledge that Pacific Epoch reserves the right at any time to modify or discontinue the provision of the Website, its content and products, or any part thereof, with or without notice, and that Pacific Epoch shall not be liable to you or to any third party for such any modification, suspension or discontinuance.
Charges: For all charges for any products or services sold on the Website, Pacific Epoch will bill you in accordance with the Master Research Services Agreement, the Statement of Work, and/or any other relevant legal agreement(s) that you have signed with Pacific Epoch. You agree to adhere to the terms of these agreements.
Copyright, Trademark and Ownership: All of the content displayed on the Website, including without limitation text, research, data, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by Pacific Epoch, its licensors, agents or its Content providers. All elements of the Website, including, without limitation, the Website’s general design, Pacific Epoch’s trademarks, service marks, trade names (including Pacific Epoch’s name, logos, the Website name, and the Website design), and other Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Website may only be used for the intended purpose for which it is being made available. Subscribers to Pacific Epoch’s materials and services, who are bound by a signed Master Research Services Agreement and Statement of Work, may excerpt, paraphrase, or quote up to 200 words and all charts from any single report, in total and collectively in various forums, as long as appropriate attribution to Pacific Epoch is made, Pacific Epoch’s copyright notice is affixed thereto, and that no such excerpt, paraphrasing, or quotation shall (a) modify or alter the general impressions of the report or (b) imply sponsorship, approval, or endorsement by Pacific Epoch. Except as permitted by the prior sentence, you may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Content or Pacific Epoch’s trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Pacific Epoch's prior written consent.
The use of Pacific Epoch trademarks on any other website is not allowed. Pacific Epoch prohibits the use of Pacific Epoch trademarks as a "hot" link on or to any other website unless Pacific Epoch approves the establishment of such a link in writing in advance. The Website, its Content and all related rights shall remain the exclusive property of Pacific Epoch or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Website.
Accuracy of Information: We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Website. For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website. In addition, we may make changes in information about price and availability without notice.
Links: Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. From time to time, this Website may contain links to third-party websites that are not owned, operated or controlled by Pacific Epoch. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. We are not responsible for any content, materials or other information located on or accessible from any other websites. We do not endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.
Advertising Rights: Pacific Epoch reserves the right to sell and display any advertising, attribution, links, promotional and distribution rights, and Pacific Epoch and its licensors will be entitled to retain any and all revenue generated from any sales of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate Pacific Epoch to sell or offer to sell any advertising, promotion or distribution rights.
Unsolicited Submissions Policy: Pacific Epoch is pleased to hear from its loyal users and welcomes your comments regarding Pacific Epoch. Except where Pacific Epoch specifically requests comments or submissions, Pacific Epoch does not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. This policy is designed to avoid misunderstandings if projects developed by Pacific Epoch's professional staff seem to others to be similar to their own creative work. Accordingly, Pacific Epoch requests that you not submit any creative ideas, suggestions, or materials except where specifically requested or solicited. If you do send us any unsolicited suggestions, you agree not to assert any ownership right of any kind in against Pacific Epoch (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract), you hereby grant Pacific Epoch a nonexclusive, perpetual, worldwide license to use the unsolicited submission in every media and for every purpose now known or hereinafter discovered and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. You release Pacific Epoch (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your unsolicited submissions, including, without limitation, all claims for theft of ideas or copyright infringement.
Account Registration and Security: You understand that you may need to create an account to have access to parts of the Website. In consideration of your use of the Website, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the Website's registration process and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If Pacific Epoch suspects that such information is untrue, inaccurate, not current or incomplete, Pacific Epoch has the right to suspend or terminate your account and refuse any and all use of the Website. You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Website. Please note that anyone able to provide your username and password will be able to access your account so you should take reasonable steps to protect this information.
Before designating any employee or agent as an Authorized User, Subscribers shall inform the Authorized User that their use of the Website is subject to these Terms. The Subscriber shall be responsible for the conduct of each of the Subscriber’s Authorized Users.
Access and Interference: You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.
Privacy: Information collection and use, including the collection and use of personally identifiable information, is governed by our Privacy Notice which is incorporated into and is a part of these Terms.
Force Majeure: Pacific Epoch is not responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Representations and Warranties: You affirm, represent and warrant the following: (i) you are old enough in your location to enter into a binding contract with Pacific Epoch and have the right and authority to enter into this agreement, and are fully able and competent to satisfy the terms, conditions and obligations herein; (ii) you have read, understood, agree with, and will abide by the terms and conditions of this agreement; and (iii) you are not, and have not been an agent of Pacific Epoch and were not and are not acting on behalf of, or as a representative of, Pacific Epoch or any other party.
DISCLAIMERS: YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON, THROUGH, OR IN CONNECTION WITH THE WEBSITE OR OTHERWISE PROVIDED BY US ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FREEDOM FROM COMPUTER VIRUS, OR WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND OUR PRODUCTS AND SERVICES. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ANY INFORMATION OR PRODUCTS OR SERVICES WE PROVIDE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS OR RELIABILITY OF THE WEBSITE OR ANY INFORMATION OR PRODUCTS OR SERVICES WE PROVIDE, OR ANY OTHER WARRANTY, THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND PACIFIC EPOCH DOES NOT MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, PRODUCTS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
REPORTS AND MATERIALS MADE AVAILABLE THROUGH THIS WEBSITE SET OUT INFORMATION BY PACIFIC EPOCH FROM A VARIETY OF SOURCES. INFORMATION IN SUCH REPORTS AND MATERIALS DOES NOT CONSTITUTE LEGAL, TAX, INVESTMENT, FINANCIAL, OR OTHER ADVICE, AND IS NOT A RECOMMENDATION, OFFER, OR SOLICITATION TO BUY OR SELL ANY SECURITIES WHATSOEVER. PACIFIC EPOCH IS NOT A REGISTERED INVESTMENT ADVISOR OR BROKER/DEALER. THE PARTNERS, DIRECTORS, ANALYSTS, AND EMPLOYEES OF PACIFIC EPOCH AND ITS AFFILIATES MAY HOLD A POSITION IN THE SECURITIES OF THE COMPANIES MENTIONED IN THE REPORTS AND MATERIALS AVAILABLE THROUGH THE WEBSITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PACIFIC EPOCH OR THROUGH PACIFIC EPOCH’S WEBSITE, PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATIONS OF LIABILITY: PACIFIC EPOCH DOES NOT ASSUME ANY RESPONSIBILITY FOR AND WILL NOT BE LIABLE, FOR ANY DAMAGE TO OR ANY VIRUS THAT MAY INFECT YOUR COMPUTER, EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE, OR YOUR DOWNLOADING OF OR ACCESSING ANY MATERIALS FROM THE WEBSITE. IN NO EVENT WILL PACIFIC EPOCH, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED IN CONNECTION WITH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT OR PRODUCTS OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE OR THE CONTENT OR PRODUCTS OR SERVICES. IN NO EVENT SHALL PACIFIC EPOCH'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF YOUR SUBSCRIPTION TO OUR SERVICES FOR THE LAST SIX (6) MONTHS.
Indemnity: You agree to defend, indemnify and hold Pacific Epoch, each of our parent companies and affiliates, and the successors of each of the foregoing, and the officers, directors, agents, and employees of each of the foregoing, harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) your use of the Website or your placement or transmission of any message or information on this Website by you or your authorized users; (ii) your violation of any term or condition of these Terms, including without limitation, your breach of any of the representations and warranties; (iii) your violation of any third-party rights, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any information or material that you provide to Company; or (vi) any other party’s access and use of the Website with your unique username, password or other appropriate security code.
Release: In the event that you have a dispute with another user or other party related to the Website, you release Pacific Epoch (and our officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Termination: We may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are liable for any charges incurred through your account prior to termination. We may also block your access to our Website in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for our users or us; or (d) as otherwise provided herein or in another incorporated policy. You understand that any termination of your account, by you or us, may involve the permanent deletion of your data. You understand that Pacific Epoch may permanently delete any data you submit through this Website at any time without notice. Pacific Epoch will not have any liability whatsoever to you for any suspension or termination, including for deletion of your data.
General: Any claim arising out of or relating to the use of, this Website and the materials contained herein is governed by the laws of the State/Commonwealth of Oregon, without regard to its choice of law provisions. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute. Any and all disputes directly or indirectly arising out of or related to the Terms or the Website will be resolved individually, without resort to any form of class actions. Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, and in no event shall you be entitled to recovery of attorney’s fees. Under no circumstances will any claimant be permitted to obtain any award for, and you hereby waive all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Any cause of action or claim you may have directly or indirectly arising out of or related to the Terms or the Website must be commenced within one (1) year after the claim or cause of action arises. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent as other business documents originally generated and maintained in printed form. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website.
We do not guarantee continuous, uninterrupted or secure access to our Website, and operation of the Website may be interfered with by numerous factors outside of our control. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and all incorporated agreements may be assigned by Pacific Epoch in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms are the entire agreement between you and Pacific Epoch with respects to the subject matter hereof and supersede any prior understandings or agreements (written or oral). Any provision that must survive in order to give proper effect to its intent (e.g., indemnity, general, any perpetual license, limitations on liability, disclaimers, representations and warranties, etc.) shall survive the expiration or termination of these Terms.
All rights not granted herein are expressly reserved to JLM Pacific Epoch, LLC.