Terms of Use

Terms of Use

These Terms of Use were last updated on August 19, 2014. By accessing and using this web site, you agree to be legally bound by these Terms of Use and you represent that you are 18 years or older. If any of these terms are unacceptable to you, you may not access this web site until agreement has been reached between you and Alerian as to the applicable terms of use.

The terms “you” and “User” refer to anyone who accesses this web site. The terms “we” and “us” refer to Alerian.

Subject to applicable laws and regulations, Alerian may change these Terms of Use at any time without notice. Changes will be posted to this URL. Your use of this web site after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. Therefore, you should read these Terms of Use from time to time for changes.

1. USE OF THE WEB SITE

Alerian grants you a non-exclusive, non-transferable, limited, revocable license to access and use the web site and its Content (as defined below) subject to the terms set forth below.

The content of the Web includes, but is not limited to, text, data, reports, images, photos, graphics, graphs, charts, animations, and videos (collectively, the “Content”).

You agree not to copy, reproduce, modify, display, perform, publish, distribute, transmit, broadcast, circulate, create derivative works from, store, or link to the web site or any Content without the express prior written consent of Alerian (which may be in the form of an email).  To request consent for uses such as linking to Content on your website, please contact Alerian at [email protected].  Without limiting the foregoing, the Content may not be used in connection with the creation, structuring, development, calculation, compilation, publication or distribution of any financial instrument or product or any index or investment strategy.

2. INTELLECTUAL PROPERTY RIGHTS OF ALERIAN

The web site and the Content are the property of Alerian, its affiliates, or their third party licensors, and are protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the web site and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) displayed on the web site may be registered or unregistered marks of Alerian, its affiliates, or their third party licensors. Nothing contained on this web site should be construed as granting any license or right to use any of the Marks displayed on the web site without the express written permission of Alerian or the third party owner of such Marks.

You agree that all the information provided on or accessed through this website is for your information and personal use only. For you or any third party to use or exploit the information, Alerian data, and/or Alerian indices available on the website for the purpose of creating an investment fund or other vehicle that seeks to match the performance of or whose capital and/or income value is related to an Alerian index, or generally use or exploit the Alerian data and/or Alerian indices in a way that benefits you or a third party, you must enter a license agreement with Alerian.

3. ANTI-HACKING PROVISION

You expressly agree not to:

  • use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data-mining,” “computer code” or any other automated device, program, tool, algorithm, process, or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the web site, or Content found on or accessed through the web site or any Other Content without the prior express written consent of Alerian;
  • obtain or attempt to obtain through any means any materials or information on the web site that have not been intentionally made publicly available either by their public display on the web site or through their accessibility by a visible link on the web site;
  • violate the restrictions in any robot inclusion headers on this web site or in any way bypass or circumvent any other measure employed to limit or prevent access to the web site or its Content;
  • violate the security of the web site or attempt to gain unauthorized access to the web site, its Content and Other Content, or the computer systems, networks or servers of Alerian, through hacking, password mining or any other means;
  • interfere or attempt to interfere with the proper working of the web site or any activities conducted on or through the web site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the web site; and/or
  • take or attempt any action that, in the sole discretion of Alerian, imposes or may impose an unreasonable or disproportionately large load or burden on the web site or Alerian’ infrastructure.

Alerian does not accept the obligation to monitor the use of the website, but does reserve the right to disclose any information as required by law. Alerian will also, in its discretion, fully cooperate with relevant authorities with respect to any investigation into suspected unlawful activities or network security violations. Alerian further reserves the right to take any reasonably necessary action to prevent a breach of these terms of use or applicable laws. Alerian accepts no responsibility for unauthorized access to or use of the material on the website. Alerian shall not be liable for any breach of the terms of use that arises from circumstances that Alerian cannot reasonably be expected to control.

4. LIMITATION ON WARRANTIES AND LIABILITY

You are entirely liable for activities conducted by you in connection with browsing and using the web site. If you are dissatisfied with the web site or with these Terms of Use, your sole and exclusive remedy is to stop using the web site. Neither Alerian nor any third party provider will pay you any damages in connection with your browsing or use of the web site.

Access to the web site and all Content is provided “as is”. Neither Alerian, nor its affiliates, nor their third party providers guarantee the accuracy, completeness, timeliness or availability of any information provided through this web site including the Content and Other Content. Alerian, its affiliates or their third party providers and their directors, officers, shareholders, employees or agents are not responsible for any errors or omissions, regardless of the cause, or for the results obtained from the use of the website, the Content and/or Other Content. ALERIAN, ITS AFFILIATES AND THEIR THIRD PARTY PROVIDERS DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE INCLUDING the Content and Other Content. In no event shall Alerian, its affiliates or their third party providers and their directors, officers, shareholders, employees or agents be liable to any party for any direct, indirect, incidental, exemplary, compensatory, punitive, special or consequential damages, costs, expenses, legal fees, or losses (including, without limitation, lost income or lost profits and opportunity costs) in connection with any use of the website, the Content and/or Other Content even if advised of the possibility of such damages.

The opinions, observations, and analysis of Alerian and its affiliates contained in the Content are statements of opinion as of the date they are expressed and not statements of fact or recommendations to purchase, hold, or sell any securities or make any investment decisions. Alerian assumes no obligation to update any Content following publication. Users of the Content provided through this web site should not rely on any of it in making any investment decision. Alerian’s opinions, observations and analyses do not address the suitability of any security. Alerian does not act as a fiduciary or an investment advisor. While Alerian has obtained information from sources it believes to be reliable, Alerian does not perform an audit and undertakes no duty of due diligence or independent verification of any information it receives. Alerian keeps its activities separate from the activities of its affiliates in order to preserve the independence and objectivity of each of these activities. As a result, certain affiliates of Alerian may have information that is not available to Alerian.

5. ADDITIONAL LEGAL TERMS

Subject to applicable laws and regulations, Alerian may discontinue or change the Alerian web site or its availability to you, at any time. These Terms of Use will survive any such discontinuation.

Unless you have entered into a separate license agreement or subscription agreement with Alerian related to your access to, use, and/or distribution of the Content (see Section 6 above), these Terms of Use constitutes the entire agreement between you and Alerian relating to the web site, the Content, and Other Content and supersedes any and all other agreements, oral or in writing, with respect to the web site, the Content, and Other Content. The failure of Alerian to insist upon strict compliance with any term of these Terms of Use shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. If any provision in these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. These Terms of Use, your rights and obligations, and all claims or actions related to these Terms of Use shall be governed by the laws of the United States of America and the state of Texas. The law of Texas shall apply to the website and the courts of Texas shall be the courts of competent jurisdiction. If any of the provisions of these terms of use is deemed invalid by any court with competent jurisdiction, that deeming shall not affect the validity of the remaining provisions of these terms of use, which shall remain in full force and effect. Failure to exercise any right or remedy under these terms of use by either party does not constitute a waiver of that right or remedy. A printed version of these terms of use shall be admissible in judicial or administrative proceedings.

As you browse through this web site, you may access other web sites that are subject to different terms of use. When you use those sites, you may be legally bound by the specific terms of use posted on such sites. If there is a conflict between these Terms of Use and those other terms of use, the other terms of use will govern with respect to use of such other sites.

6. DIGITAL MILLENIUM COPYRIGHT ACT NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that Content or Other Content published on this web site is infringing, please contact us at [email protected]We will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of the infringing activity.

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