This web site is offered to the user of the Service (User) on the condition that the user accepts the terms contained herein, without any modification whatsoever. For the purposes of this Terms of Use, 'Service' shall mean and include, without limitation, access to all, one or some of the following: HTML Code, literature, information, software, products, tools and Services provided or made available on www.Alerian.com whether pursuant to subscription or otherwise.
Alerian hereby grants to the User, the right to use the Service in accordance with these terms, and for no other purpose. Please note that all elements contained on this web site including all individual articles, columns and other elements making up the Service are also Copyrighted works and are owned by Alerian and/or its Suppliers and are protected by Copyright, Service Marks and Trademark laws, International Treaty provisions and/or other proprietary rights under this Terms of Use. By using the Service you agree to abide by all applicable Copyright and other laws as well as any additional Copyright notices or restrictions contained in the Service. Alerian or other third parties shall be entitled to obtain equitable relief for any violation of their IP, over and above all other remedies available to it to protect its interests therein. Violators will be liable to be prosecuted to the maximum extent possible. Copying for reproduction, for redistribution or other purpose of the web site or any part thereof including but not limited to text content and graphics to any other server or location including caching of any kind is expressly prohibited. The Service is licensed to the User not sold to him. Alerian owns the Service, its applications and Trademarks. User acknowledges that User may not sublicense, transfer, sell or assign this license. Any attempt to sublicense, transfer, sell or assign the license is void.
This web site may contain links to web sites operated by parties other than Alerian. The links in this web site will let the User leave www.Alerian.com and proceed to the linked site. The User's use of each such site is also subject to this terms of use and other Terms of Use, if any, contained within each such site. In the event that any of the Terms contained herein conflict with the Terms of Use contained within any such site, then the Terms of use for such site shall prevail. The linked sites are not under the control of Alerian and Alerian is not responsible for the contents of any linked Site or any link contained in a linked Site, or any changes or updates to such sites. Alerian will not directly or indirectly be liable for any loss that may arise to the User as a result of his accessing the linked sites.
Alerian reserves the right to deny, in its sole discretion, any User access to this web site or any portion thereof without notice or justification. Further, Alerian reserves the right at any time to charge fees for access to any Service provided by it. It shall put up a notice to this effect with necessary details at the relevant point of time.
The User expressly agrees to use the Service strictly for personal purpose. The User shall not recompile, disassemble, copy, modify, distribute, transmit, display, perform, reproduce, publish or create derivative works from, transfer, or sell any information, software, products, tools or services accessed from this web site. User may not rent, lease, sell, sublicense, lend or in any manner allow any other party to use the Service, with or without consideration.
The User represents that he is aware that in the process of subscribing to the Service or parts of it, Alerian may obtain information relating to the User, including that of a confidential nature. This information will be used by Alerian for its internal purposes and will be kept confidential. Notwithstanding anything contained above, Alerian reserves the right to disclose personal information where it believes in good faith that such disclosure is required by law, to perform necessary credit checks or collect or report debts owed to Alerian, to protect Alerian's rights or property or for other bonafide uses. The User agrees and warrants that all information that Alerian may possess or may obtain pursuant to the use of Service has been possessed or obtained with the permission of the User.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between Alerian representatives and User.
Alerian reserves the right to change, without notice, this Terms of Use under which the Service is offered. Alerian may give notice to Users by means of a general notice on the Service, electronic mail to User's e-mail address on record with Alerian, or by written communication sent by first class mail to a User's address on record with Alerian. The User's continued use of the Service will be subject to the Terms of Use in force at the time of the use.
The User agrees to indemnify, defend and hold harmless Alerian, its officers, directors, employees, representatives and agents, any third party providers, distributors from and against any cause of action, claim, loss, damages, liabilities, demand, or expenses including without limitation any reasonable legal, accounting or other professional fees, and court costs brought by or on the User's behalf in excess of the liability described herein or by/on account of a third party due to or arising out of User's use of this web site, the Service contained herein, the violation of any intellectual property or any other right of any person or entity.
Alerian warrants that it does not provide any investment advice on this web site. The User warrants that it shall obtain independent investment advice before taking any investment decision.
Alerian expressly disclaims all warranties and conditions of any kind, whether express, implied or statutory pertaining to the Services provided by it including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose, data accuracy and completeness and any warranties relating to viruses and non-infringement in the Service and provision of Service free from disruption or interruption.
Alerian does not warrant accuracy of any NAV or other feed or data received from any third party data supplier and/or any other third party and shall not be responsible for any loss or liability incurred by the User as a consequence of his or any other person on his behalf taking any investment decisions based on the information, NAV's, analysis, quotes, etc. provided on the web site.
Alerian shall also not be liable for errors, omissions or typographical errors, disruption delay, interruption, failure, deletion or defect of/in the Service provided by it.
Alerian shall not be liable, directly or indirectly, to the User or any third party, as a consequence of the failure of its equipment, howsoever defined, or that of any Stock exchange, Internet Service Provider, User or any third party to function in such manner as is reasonably expected of such equipment. Alerian shall not be responsible for any downtime of such equipment.
Alerian makes no representations or warranties, either express or implied that the research, development, marketing, distribution, use or sale of the Service will not infringe any patent, copyright or other right of any third party.
Nothing contained in this Terms of Use is in derogation of Alerian's right to comply with Governmental, Court and Law enforcement requests or requirements relating to the use of this web site, Service or information provided to or gathered by Alerian with respect to such use.
The User agrees that neither Alerian nor its subsidiaries or affiliates nor any of such parties' officers, directors, shareholders, members, employees, affiliates, or suppliers shall be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use/delivery/performance or the inability to use/deliver/perform the Service or for cost of procurement of substitute goods and repair & correction services or resulting from the Services subscribed to or obtained or messages received or transactions entered into through or of User's transmissions or data, even if Alerian or its employees have been advised of the possibility of such damages.
The User further agrees that Alerian shall not be liable for any damages arising from interruption, suspension or termination of Service, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
The User also agrees that his sole remedy under this Terms of Use is cancellation of the Service.
This Agreement shall be construed and controlled by the laws of the State of New York. Further, any dispute arising from the terms of this agreement or a breach of this Agreement will be governed by the laws of the State of New York. User agrees to personal jurisdiction by the state and federal courts sitting in the State of New York in all disputes arising out of or relating to the use of this web site or Service.
This Terms of Use constitutes the entire agreement between the User and Alerian with respect to this web site and the Services provided by Alerian.
Alerian reserves the right to reproduce in part or full clients' views about its Services in its product promotions or in its communications with prospective clients. Clients who do not wish their views to be used as above may intimate Alerian in writing to this effect.
If the User violates any term of this Terms of Use, Alerian may terminate the User's access to this web site, without waiving any other rights. The User would continue to remain liable for any liabilities that may have arisen before the termination.
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