|
Terms of Use
Welcome to www.cyptree.com (the "web site"), which is owned and operated by CypressTree Investment Management Company, Inc. ("CypressTree")
Your Acceptance of the Terms of Use
By clicking on the "I Agree" button during registration or by accessing, browsing or using the web site, you acknowledge and agree that you have read, understand and agree to be bound by the terms and conditions contained herein.
CypressTree reserves the right to modify and amend these terms and to post the amended Terms of Use at www.cyptree.com. By using this web site, you agree to abide by the applicable Terms of Use, as amended from time to time. Please periodically visit this section of the site to review the current version of these Terms of Use.
General Provisions
Privacy
Please review our Privacy Statement to understand our practices.
Copyright
All content included on this web site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of CypressTree or its licensors and protected by United States and international copyright laws. The compilation of all content, design and layout of this site is the exclusive property of CypressTree or its licensors and protected by U.S. and international copyright laws.
Trademarks
All trademarks and service marks on the site belong to CypressTree or its licensors, except third party trademarks and service marks, which are the property of their respective owners.
Timeliness of Content
All content on the web site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure that you are receiving the most recent data.
Password Security
Certain parts of the web site are protected by passwords or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the web site, or to any other protected materials or information, through any means not intentionally made available by CypressTree for your specific use. If you have a password for access to non-public areas of the web site, you are solely responsible for all activities that occur in connection with your password. Accordingly, you should take steps to protect the confidentiality of your password. Notify CypressTree immediately if you become aware of any disclosure loss, theft or unauthorized use of your password.
License and Site Access
CypressTree grants you a limited license to access and make personal use of this site and the financial and technical analysis tools and other content contained in the site, and not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of CypressTree. You may not use any meta tags or any other "hidden text" utilizing CypressTree's name or trademarks without the express written consent of CypressTree. Any unauthorized use terminates the permission or license granted by CypressTree.
Use of Documents Available on this Site
Notwithstanding anything to the contrary herein, unless otherwise noted in a particular document, CypressTree hereby authorizes you to copy electronically or print in hard copy any document published by CypressTree on the site solely for evaluation purposes within your organization or for your own personal evaluation use. In consideration of and as a condition to this authorization, you agree that all such copies shall retain all copyright and other proprietary notices contained therein.
Certain documents published on the site may contain other restrictions, proprietary notices and/or copyright information relating to that individual document, including but not limited to notices that limit or prohibit your ability to make copies of that document. Please review all additional notices before making any copies.
Linking and Framing
You are permitted to view the site only in its full presentation form and are prohibited from "framing" the site. You may link to the site only by linking to the home page located at www.cyptree.com. You are prohibited from "deep linking" to any other pages in a manner to bypass the home page.
Links to Third Party Sites
Any links to third party sites are provided solely for your convenience. Such sites are not under the control of CypressTree, and CypressTree is not responsible for their content, any changes or updates to them, or the collection of any personal data or information by the operators of such sites.
Modification and Termination
CypressTree reserves the right to modify, change or discontinue the site at any time.
Prohibited Uses
You acknowledge that CypressTree has the right, in its sole discretion, to terminate your access to the site, which may include the blocking of your IP (Internet Protocol) from accessing the site, without liability to you or any third party, if you violate any of these Terms of Use, violate the rights of CypressTree, interfere with any other user's access or use of the site, or if CypressTree decides that your use is otherwise detrimental to CypressTree, the site, or CypressTree's suppliers or licensors.
Governing Law
These Terms of Use are governed by the laws of the Commonwealth of Massachusetts, without regard to the rules of conflict that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts of the Commonwealth of Massachusetts in the event of any dispute of any kind arising from or relating to the site, or your use or review of it. The failure of CypressTree to enforce any provision or right of these Terms of Use will not constitute a waiver of such provision or right. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.
Disclaimers, Limitations and Indemnification
DISCLAIMERS
THE SITE IS PROVIDED BY CYPRESSTREE ON AN "AS IS" AND "AS AVAILABLE" BASIS. CYPRESSTREE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH REGARD TO THE SITE, ITS CONTENTS OR ITS OPERATION. TO THE FULLEST EXTENT PERMITTED BY LAW, CYPRESSTREE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK.
CYPRESSTREE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM CYPRESSTREE ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOUR USE OF THE SITE OR ITS CONTENT OR THE INFORMATION AND MATERIALS CONTAINED HEREIN WILL BE UNINTERRUPTED.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CYPRESSTREE SPECIFICALLY INFORMS YOU THAT CYPRESSTREE MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES AS TO THE ACCURACY, TRUTHFULNESS, OR RELIABILITY OF ANY POSTED INFORMATION. FURTHER, NEITHER CYPRESSTREE NOR ITS LICENSORS GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF MARKET DATA OR ANY OTHER MARKET INFORMATION OR MESSAGES DISSEMINATED BY ANY PARTY AND MADE AVAILABLE OR USED IN CONNECTION WITH THE SITE.
Nothing contained in this web site constitutes investment advice or a recommendation to engage in any investment or trading strategy. Neither the information, nor any opinion contained in this web site constitutes a solicitation or offer by CypressTree affiliates to buy or sell any securities, futures, options or other financial instruments, nor shall any such security be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. Past performance is not necessarily a guide to future performance and is not a guarantee of future results. Income from investments may fluctuate. The price or value of any investment identified directly or indirectly in this web site may fall or rise against your interests and the interests of other investors. Information contained on this web site was obtained from sources considered reliable, but no representation is made as to its accuracy or completeness. Pricing and other information generated through the use of data or services made available herein may not reflect actual prices or values that would be available in the market at the time provided or at the time that the user may want to purchase or sell a particular security or other instrument. Opinions, where and when expressed, are subject to change without notice. The information and services provided in this web site are not provided to and may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization or where CypressTree is not authorized to provide such information or services. Some products and services described in this web site may not be available in all jurisdictions or to all clients.
Limitation of Liability
NEITHER CYPRESSTREE NOR ITS LICENSORS WILL BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO UNREALIZED PROFIT OR TRADING LOSSES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF CYPRESSTREE AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
As a condition to use of the web site, you agree to indemnify, hold harmless, and defend CypressTree and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or cost (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use of the web site or violation of these Terms of Use by you. You agree to fully cooperate as reasonably required by an Indemnified Party(ies). Each Indemnified Party may, at its own expense, assume the exclusive defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter without the consent of the applicable Indemnified Party.
Our Address
CypressTree Investment Management, LLP
One Boston Place
16th Floor
Boston, MA 02108-4419
www.cyptree.com
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide CypressTree's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying CypressTree and its affiliates that your copyrighted material has been infringed.
-
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
-
A description of the copyrighted work that you claim has been infringed upon;
-
A description of where the material that you claim is infringing is located on the site;
-
Your address, telephone number, and e-mail address;
-
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
-
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
CypressTree's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Copyright Agent
CypressTree Investment Management, LLP
One Boston Place
16th Floor
Boston, MA 02108-4419
phone: (617) 371-9300
fax: (617) 371-9362
e-mail: info@cyptree.com
Copyright 2004-2007 CypressTree Investment Management, LLP
|