Please read these terms of use carefully.
By accessing this web site located at spatialrisksystems.com and other domains operated by SRS Inc. and/or its subsidiaries (collectively, “SRS”), collectively the “web site”, you are indicating that you have read, acknowledge and assent to be bound by these terms of use. SRS reserves the right to change these terms of use and you are responsible for regularly reviewing these terms of use. Your continued use of this web site constitutes your agreement to all such terms of use. If, at any time, you do not wish to accept these terms of use, you may not access, link to or use this web site for any purpose. Any terms and conditions proposed by you which are in addition to or which conflict with these terms of use are expressly rejected by SRS and shall be of no force or effect. Your use of this web site may be monitored by SRS, and the resultant information may be used by SRS for its internal business purposes or in accordance with the rules of any applicable regulatory organization.
Access to SRS Products, Services, Applications or Portals
Access to certain SRS products, services, applications or portals (and any upgrades thereto) through this web site is password protected and is available only to properly licensed clients of the applicable SRS group company. By clicking on a log in button, you acknowledged that you read and understand and acknowledge these terms of use govern your access to and use of this web site, and that your use of the SRS product(s), service(s) or the resources available within each such application or portal will be in accordance with such terms and conditions and your firm’s license agreement with the applicable SRS group company. SRS may also make unreleased beta versions of products, services, applications or portals (and which may contain bugs, defects and errors) available for your evaluation and testing only in accordance with these terms of use but shall have no obligation to release production versions incorporating any features from such beta versions. All your use may be monitored by SRS and any resultant information (including any feedback you provide) may be used by SRS for its business purposes, including enhancing or developing SRS products or services, monitoring and/or improving performance, features, functionality and/or security. Our use of the personal data that you provide to us is explained in our Privacy notice located here: spatialrisksystems.com/privacy-pledge. You are responsible for the protection of any user IDs and passwords used by you to log in. Please do not share your user IDs or passwords with any unauthorized third parties.
Additional Information made available through this web site
Certain sections of or pages on this web site may contain separate terms and conditions, which are in addition to these terms of use. You should read those additional terms and conditions carefully. By accessing such sections or pages, you agree to be bound by those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern for your use of those sections or pages.
Unauthorized use of the web site and SRS’s systems, including, but not limited to, unauthorized entry into SRS’s systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use the web site in any manner that could damage, disable, overburden, or impair the web site or service or interfere with any other party’s use and enjoyment of the web site or service. You may not attempt to gain unauthorized access to the web site or service, computer systems or networks connected to any the web site or service, through hacking, password mining or any other means. You may not use any system or software to extract data from the web site.
Without limiting the generality of the foregoing, the information and other SRS materials you access via the web site may not be used as a basis for any financial instruments or products (including, without limitation, passively managed funds and index-linked derivative securities) or other products or services, may not be used to manage any funds or portfolios, to verify or correct data in any other compilation of data or index, to create any derivative works nor to create any other data or index (custom or otherwise), without SRS’s prior written permission.
The information and materials on this web site may contain typographical errors or inaccuracies. SRS reserves the right, in its sole discretion, without any obligation and without any notice requirement and for any reason, to change, improve or correct the information and materials on this web site and to suspend and/or deny access to this web site or portions thereof for scheduled or unscheduled maintenance, upgrades, improvements, corrections or otherwise. Any dated information is published as of its date only, and SRS does not undertake any obligation or responsibility to update or amend any such information. SRS may discontinue or change any product, service, information or material described in or offered on this web site at any time.
These terms of use are not intended to, and will not, transfer or grant any rights in or to the information or material available on the web site other than those which are specifically described herein, and all rights not expressly granted herein are reserved by SRS or the third-party providers from whom SRS has obtained the information or materials.
You agree that you will not engage in any activities related to this web site that are contrary to applicable laws or regulations.
Unless expressly included in any other agreement between SRS and you, you agree that the requirements of the E-Commerce Directive (2000/31/EC) as implemented are excluded to the fullest extent permissible by law with respect to your access to and use of the web site.
Disclaimer of Warranties
NO WARRANTY AS TO CONTENT: ALTHOUGH SRS SHALL OBTAIN INFORMATION FOR INCLUSION IN THE SERVICE FROM SOURCES THAT SRS CONSIDERS RELIABLE, THE SERVICE IS PROVIDED TO LICENSEE “AS IS” AND NEITHER SRS, ANY OF ITS AFFILIATES, ANY OF ITS OR THEIR DIRECT OR INDIRECT INFORMATION PROVIDERS NOR ANY THIRD PARTY INVOLVED IN, OR RELATED TO, COMPILING, COMPUTING OR CREATING THE SERVICE (COLLECTIVELY, THE “SRS PARTIES”) MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND TO LICENSEE OR ANY THIRD PARTY, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, THE TIMELINESS THEREOF, THE RESULTS TO BE OBTAINED BY THE USE THEREOF OR ANY OTHER MATTER. FURTHER, THE SRS PARTIES EXPRESSLY DISCLAIM, AND LICENSEE WAIVES, ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF ORIGINALITY, ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NO WARRANTY AS TO SECURITY: SRS WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION MADE AVAILABLE TO YOU VIA THIS WEB SITE.
Limitation of Liability
No Liability for Content; No Liability Arising from Use: Although the information provided to you on this web site is obtained or compiled from sources we believe to be reliable, SRS cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither SRS, nor any of its affiliates, directors, officers or employees, nor its successors or assigns, nor any third-party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur, arising from any failure or interruption of this web site, or resulting from the act or omission of any other party involved in making this web site, the data contained herein or the products or services offered on this web site available to you, or from any other cause relating to your access to, inability to access, or use of the web site or the data contained herein, whether or not the circumstances giving rise to such cause may have been within the control of SRS or of any vendor providing software or services. In no event will SRS or any such parties be liable to you for any direct, special, indirect, consequential, punitive, exemplary or incidental damages or any other damages of any kind even if SRS or any other such party has been advised of the possibility thereof.
This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g. you cannot access your Internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure.
Where any applicable law does not allow the limitation of liability in the manner described above, SRS’s total liability to you for all damages, loss and causes of action (whether in contract or in tort, including gross negligence) shall not exceed the amount paid by you, if any, for accessing the website.
No Representations made as to Other Sites or Links
This web site may contain links to and be linked from third-party web sites (the “sites”). These links are provided only as a convenience. Accordingly, SRS has not tested any information, software or product found on any of the sites and therefore makes no representations concerning the content of the sites. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by SRS of any information contained in any site. In no event shall SRS be responsible for the information contained on any other site or for your use of or inability to use such sites. You should also be aware that the terms and conditions of such sites and the sites’ privacy policies may be different from those applicable to your use of this web site.
Content not to be construed as solicitation or recommendation; no determination of suitability; not all risk disclosed
The material on the web site is for informational purposes only and is not an offer or recommendation to buy or sell or a solicitation of an offer to buy or sell any security or instrument or to participate in any particular trading strategy. Further, none of the information and material on the web site is intended to constitute investment advice or a recommendation to make (or refrain from making) any kind of investment decision and may not be relied on as such. Historical data and analysis should not be taken as an indication or guarantee of any future performance, analysis, forecast or prediction.
System Outages, Slowdowns, and Capacity Limitations
As a result of high Internet traffic, transmission problems, systems capacity limitations, and other problems, you may at times have trouble accessing the web site or communicating with SRS through the Internet or other electronic or wireless services. Any computer system or other electronic device, whether it is yours, an Internet service provider’s or SRS’s, can experience unanticipated outages or slowdowns, or have capacity limitations. SRS cannot and does not guarantee continuous, uninterrupted, or secure access to the web site.
Proprietary Rights
All right, title and interest in this web site and all content contained herein is the exclusive property of SRS, except as otherwise stated. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, decompile, recompile, reverse engineer, upload to, create derivative works from, transfer, or otherwise use or exploit in whole or in part any information, software, products or services obtained from this web site, except for the purposes expressly provided herein, without SRS’s prior written approval. If you download any information or software from this web site, you agree that you will not remove or obscure any copyright or other notices or legends contained therein.
SRS and logos used on the web site (including the names of all SRS products) are trademarks and service marks of SRS or its subsidiaries. The names of other companies and third-party products or services mentioned herein may be the trademarks or service marks of their respective owners. You are prohibited from using any marks for any purpose including, but not limited to, use as metatags on other pages or sites on the Internet without the written permission of SRS or such third party which may own the marks.
Termination
You agree that, without notice, SRS may terminate these terms of use, or suspend your access to the web site with or without cause at any time and effective immediately, subject to any applicable law or regulation. These terms of use will terminate immediately without notice from SRS if you, in SRS’s sole discretion, fail to comply with any provision of these terms of use or with any applicable law or regulation. Upon such termination, you must discontinue your use of the website and promptly destroy all materials obtained via the website and any copies thereof.
Choice of Law; Consent to Jurisdiction; Waiver of Jury Trial
These terms of use shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any suit, action or proceeding arising out of or related to these terms of use shall be in an appropriate state or federal court located in the County of New York, State of New York, and the parties irrevocably waive any objection they may now or hereafter have to the laying of venue of any such suit, action or proceedings in such a court, and irrevocably waive any claim that any such suit, action or proceeding brought in such a court has been brought in an inconvenient forum.
The parties unconditionally waive their respective rights to a jury trial. Any cause of action you may have arising out of your use of this site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms of use to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms of use, and the remainder of the terms of use shall continue in full force and effect. The terms of use constitute the terms between SRS and you arising out of this site and it supersedes all prior or contemporaneous communications, agreements and understandings between SRS and you arising out of the subject matter hereof. A printed version of these terms of use shall be admissible in judicial or administrative proceedings.
You represent, warrant and covenant that (i) you have the power and authority to enter into this agreement; and (ii) you are at least eighteen (18) years of age.
Designated Agent
Pursuant to Section 512(c)(2) of the Copyright Act, SRS designates the following agent to receive notifications of claimed infringement: [email protected]