The Site refers to this website and the websites of other affiliated and co-branded sites.
As a user, you are a person who uses this site in any manner and agrees to these Terms. The words we, our, us and TRA refer to Target Rock Advisors, LLC, a corporation organized in the State of New York. The words you and your refer to the user.
An Unregistered User is a user who has high-level, public access to the Site, limited access to certain data and no access to the Sites interactive analytics and graphics capabilities. An Unregistered User is not required to provide any password or contact information to access the Site and its unrestricted pages, but is required to acknowledge and comply with these Terms.
A Registered User is a user who has registered by providing truthful and accurate contact information as required by Site prompts and to whom a Site password has been provided, and who has also acknowledged and agreed to comply with these Terms.
Content includes all data and information made available on the Site, regardless of form or ownership. TRA Content is Content that is proprietary to TRA or to which TRA has legal rights of use. This includes, without limitation, all of TRAs scoring results, rankings, listings, stock indexes, graphical representations, interactive capabilities, web page narratives, licensed third party data, and the like. Public Content is that which is public information and not proprietary to TRA or to third parties with whom TRA has contracted. Public Content includes, without limitation, data available from public and governmental sources such as the U. S. Department of Energy, U.S. Occupational Safety & Health Agency, the U.S. Department of Transportation, the U.S. Environmental Protection Agency, general news media, industry literature, and the like.
II. Conditions of Use:
1. You are of a legal age to enter into a legally binding contract
2. If registering as a Registered User or otherwise providing information, you will provide information that is true, current and accurate
3. If you register on behalf of a corporation, partnership, agency, association or any other organization, you have the organizational authority to do so
4. If you are an Unregistered User or Registered User you will not copy, reproduce, re-publish or otherwise re-use TRA content for any commercial purpose without TRAs prior written authorization and citing TRA as the source of the Content
5. If you are a Registered User, you will not copy, reproduce, re-publish or otherwise re-use TRA Content that is available only at the Registered User level for any commercial purpose without TRAs prior written authorization
6. You will not copy, modify, adapt, appropriate, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way use or exploit the Site or Content, except as expressly permitted by these Terms.
7. You acknowledge and agree that TRA owns all right, title and interest to all marks on the Site (the Trademarks), except third-party marks as indicated, and agree that you will not use or display any Trademarks except as explicitly permitted in writing by TRA.
8. You will not provide consulting, investment or other financial advisory services based on, or using, the Site or Content without the express prior written consent of TRA
9. You will not use, either directly or indirectly, the Site or Content as the basis for any index or other derivative metrics to be used in establishing any private index, exchange-traded fund, mutual fund portfolio, or similar application without the express prior written consent of TRA.
10. You acknowledge and agree that TRA owns all rights, title and interest in and to the Trademarks, Site, Content and the underlying data and analytics, including without limitation all patent, copyright, trademark, and other intellectual property rights therein, and acknowledge that TRA has one or more patent applications pending before the U.S. Patent Office. TRA will vigorously defend its patent rights, copyrights, trademarks and such other rights as necessary to protect its intellectual property.
11. You acknowledge and agree that TRA will own all right, title and interest in all inventions and improvements based on the Site, Content and the underlying data and analytics, and agree to cooperate in any manner reasonably requested by TRA to secure its rights to such inventions or improvements.
12. You understand that we occasionally provide links to other, non-affiliated third party sites. You agree that TRA is not responsible for any errors, emissions, misrepresentations, legal infringements, or any other matter pertaining to such third party sites over which TRA has no control.
13. You acknowledge and agree that each item of Content (including the ratings, rankings, indexes and related analyses by TRA and its affiliates) and the observations contained in reports, opinions and articles published on this Site:
a. are statements of opinion as of the date expressed, not statements of fact or recommendations to purchase, hold, or sell any securities or make any investment decisions
b. do not address the suitability of any security
c. can not be relied upon by you in making any investment decision.
By providing the Content and the access to the Site, TRA does not act as a fiduciary or an investment advisor. Users should obtain advice from their own advisers and investment professionals before using the Content.
While TRA has obtained information from sources it believes to be reliable for inclusion in or in developing the Content, TRA does not perform audits, due diligence or independent verification or evaluation of the information it receives. Neither TRA, nor its affiliates, nor their third party providers guarantee the accuracy, completeness, timeliness or availability of any Content provided through this Site and are not responsible for any errors or omissions, regardless of the cause, or for the results obtained from the use of such Content. TRA has no duty to update any Content following publication.
14. You acknowledge and agree to the following DISCLAIMERS AND ACKNOWLEDGMENTS:
There may be delays, omissions, or inaccuracies in information contained in the Site.
TRAs failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances.
TRA DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS PARTNERS, AFFILIATES, ALLIES, SUPPLIERS OR OTHERS IN CONJUNCTION WITH THE SITE.
BY USING THE SITE AND THE CONTENT, YOU ACKNOWLEDGE THAT THE SITE, CONTENT AND INFORMATION ON THE SITE AND/OR PROVIDED THROUGH THE SITE ARE PROVIDED ON AN AS IS BASIS AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TRA MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, AND VALIDITY OF ANY CONTENT AND INFORMATION ON THE SITE AND/OR PROVIDED THROUGH THE SITE AND DOES NOT WARRANT THAT THE FUNCTIONALITY CONTAINED IN THE SITE OR PROVIDED THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) (WHETHER OWNED OR CONTROLLED BY TRA OR ANY THIRD PARTY) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You acknowledge that TRA has no control over, and no duty to take any action regarding: what effects the Content may have on you; how you may interpret or use information gained from the Content; or what actions you may take as a result of having been exposed to the Content. You release TRA from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You understand that the technical processing and transmission of the Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Site or Content may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by TRA. You may not attempt to override or circumvent any of the usage rules embedded in the Site or the Content. Any unauthorized reproduction, publication, further distribution or public exhibition of the Content, in whole or in part, is strictly prohibited.
15. You acknowledge and agree to the following INDEMNITY:
By using or accessing the Site and/or Content, you agree to indemnify and hold harmless TRA, its officers, directors, employees, successors, agents, stockholders, consultants and affiliates for any and all claims, damages, losses and causes of action (including attorneys fees and court costs) arising out of or relating to your breach or alleged breach (or the breach or alleged breach of any third party using your account) of this Agreement, use or access of the Site and/or Content (including without limitation, claims made by third parties for infringement of intellectual property rights). You agree to cooperate as fully as reasonably required in TRAs defense and/or settlement of any claim. TRA reserves the right to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.
16. You acknowledge and agree to the following EXCLUSION OF DAMAGES
NEITHER TRA, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS, OR AFFILIATES ARE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR THE LOSS OF PROFITS, DATA OR LOSS OF USE DAMAGES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, CONTENT OR OTHER THE INFORMATION CONTAINED ON THE SITE OR PROVIDED BY THE SITE, EVEN IF TRA OR ONE OR MORE OF THE FOREGOING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17. You acknowledge and agree to the following LIMITATION OF LIABILITY
IN NO EVENT WILL TRA, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS, OR AFFILIATES OR ITS SUPPLIERS TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITE OR CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE AMOUNT OF $100.
18. You acknowledge and agree to the following CHOICE OF LAW, JURISDICTION, VENUE AND ARBITRATION
TRA operates the Site from its offices within the United States. TRA makes no representation that the Site and Content are appropriate or available for use outside the United States. Those who choose to use or access the Site or Content from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms are governed by the laws of the State of New York, excluding conflicts of law principles. Any legal actions against us must be commenced within one year after the claim arose. You consent to the exclusive jurisdiction of the state and federal courts located in New York, NY. Any controversy or claim arising out of or relating to the Site, the Content or these Terms will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in New York, NY, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by New York law. Notwithstanding the foregoing, TRA may immediately seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect its rights or property (including intellectual property rights).
19. You acknowledge and agree to the following MISCELLANEOUS
TRA reserves the right to remove any Content, add features, remove features, cancel user accounts for violation of these Terms, modify these Terms, and cancel the Site without liability and without notice and with immediate or schedule effect, as determined solely by TRA, at any time.
You may not export, transfer, distribute or use the Content outside of the United States of America, unless expressly permitted by TRA.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind TRA in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you except with TRAs prior written consent. TRA may transfer, assign or delegate these Terms and its rights and obligations without consent.