WEBSITE TERMS OF USE

By accessing and using this S&P Trucost Limited (“Trucost”, “us”, “we”, or “our”) website (at trucost.com) (“Website”) you acknowledge that you understand and agree to the following terms and conditions (“Terms of Use”) and Privacy and Cookie Policy.  The Privacy and Cookie Policy forms part of these Terms of Use and is incorporated by reference.  Please review the Privacy and Cookie Policy to understand the controls in place to protect the privacy and security of your information.

If you do not agree to these Terms of Use and the Privacy and Cookie Policy, you are not authorised to access and use this Website and you should not use this Website.

Your use of this Website, including all text, data, reports, images, photos, graphics, charts, animations and videos (collectively “Content”) contained in, connected to  or accessible via this Website, is subject to these Terms of Use.

We reserve the right to make changes to these Terms of Use and Privacy and Cookie Policy, at any time and without any notice to you.  New or revised Terms of Use, which may also include changes to or a new Privacy and Cookie Policy, shall be posted to the Website.  These Terms of Use were last updated on 31 January 2017.  We reserve the right to make changes to, amend or discontinue publication of the whole or any part of this Website and/or the Content.  These Terms of Use will survive any such discontinuation.

1. USE OF THE WEBSITE

Trucost grants you a non-exclusive, non-transferable, limited, revocable license to access and use the Website and its Content for non-commercial personal use subject to these Terms of Use.

You agree not to remove, obliterate, copy, reproduce, modify, adapt, display, perform, publish, distribute, transmit, broadcast, circulate, create derivative works from, store, or link to the Website or any Content without the express prior written consent of Trucost (which may be in the form of an email).  To request consent for uses such as linking to Content on your website, please contact Trucost at info@trucost.com. 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.

You may be required to enter into a license agreement or subscription agreement with Trucost in order to access certain Content on the Website. In the event that you have entered into a separate agreement with Trucost regarding your access to, use, and distribution of the Content, the terms of such separate agreement will govern in the event of a conflict with these Terms of Use, to the extent of such conflict. If you wish to access subscription-only Content, please contact Trucost at info@trucost.com.

2. INTELLECTUAL PROPERTY RIGHTS OF TRUCOST

Trucost is an affiliate of S&P Dow Jones Indices LLC (“SPDJI”) and Trucost and SPDJI are members of a group of companies headed by S&P Global Inc. The Website and the Content are the property of Trucost, its affiliates, or their third party licensors, and are protected by copyright and other applicable intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Website 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 Website may be registered or unregistered marks of Trucost, its affiliates, or their third party licensors. Nothing contained on this Website should be construed as granting any license or right to use any of the Marks displayed on the Website without the express written permission of Trucost or the third party owner of such Marks.

3. THE USER’S CONTENT

Material that appears on the Website that is entered by you is referred to as “User Content” or “Other Content”).

You grant to Trucost and its affiliates the non-exclusive worldwide right to use, publish, distribute, and/or repurpose all material entered, submitted, uploaded, or transmitted into the Website by you (other than third-party material transmitted through private electronic mail) in any of Trucost’s or its affiliates print or electronic publications. You will not receive any compensation from Trucost or its affiliates in connection with your submission of Other Content to the Website.

If you submit Other Content into the Website you are responsible for the content of that material. Neither Trucost nor any of its affiliates have any responsibility for Other Content, including the content of any messages or information posted by you, or for the content of information accessible via direct or indirect hyperlinks from the Website.  However, Trucost retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content that Trucost deems to be illegal, offensive, irrelevant, or otherwise inappropriate.  Further, Trucost will act expeditiously to remove any Other Content from the Website that is alleged to be infringing.  See Section 8 below.

You may not input or distribute any material through the Website that is promotional in nature, including solicitations for funds or business, without the prior written authorization of Trucost.

You agree (a) to use the Website in accordance with these Terms of Use, and (b) that you will not: (i) post or transmit any Other Content that is unlawful, threatening, abusive, libelous, defamatory, tortious, obscene, vulgar, pornographic, harassing, profane, invasive of another’s privacy, indecent, bigoted, hateful, or racially, ethnically, sexually or otherwise offensive; (ii) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity; (iii) post or transmit any Other Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (iv) disrupt others’ normal use of the Website; (v) post or transmit any information, software or other material which contains a virus or other harmful component; (vi) post, transmit, or in any way exploit any information, software or other material for commercial or political purposes; (vii) post or transmit any information, software or other material which contains advertising (including but not limited to “junk mail” or “pyramid schemes”), or any other form of solicitation; (viii) access (or attempt to access) another user’s account or access (or attempt to access) areas to which you are not authorized access; or (ix) use the Website to violate or attempt to violate, or assist any other person or entity in violating or attempting to violate, any contractual obligations you have with Trucost or any other party, including, without limitation, any confidentiality, non-solicitation or non-competition agreements between you and Trucost or any other party.

Be advised that Trucost, at its sole discretion, shall determine whether any Other Content submitted into the Website violates these Terms of Use. While Trucost has no obligation to monitor or pre-screen the Other Content, Other Content on this Website may be pre-screened and otherwise monitored to ensure compliance with these Terms of Use. Trucost reserves the right to discontinue your access to this Website either with or without notice if Trucost has a reasonable basis to believe that you are accessing or using the Website or the Content in violation of these Terms of Use.  You also agree and understand that Trucost may preserve and disclose Content and Other Content, with or without notice to you, if, in Trucost’s sole discretion, such action is reasonably necessary to: (a) comply with applicable law; (b) enforce these Terms of Use; (c) respond to claims that a user has violated the rights of third parties; or (d) protect the rights, interests, property, or safety of Trucost, users, or others. Your use of the Website constitutes your consent to such monitoring and disclosure.

You agree to indemnify Trucost, its affiliates, and any third party Content providers from all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, that Trucost, its affiliates, and any third party Content providers may incur as a result of either: (i) your breach of these Terms of Use; or (ii) the submission of Other Content into the Website.

4. ANTI-HACKING PROVISION

You expressly agree not to:

5. REGISTRATION

As part of the registration process, you may be required to select a user name and password.  In connection with the registration process, you must provide Trucost with accurate, complete, and updated information. Failure to do so constitutes a breach of these Terms of Use, which may result in immediate termination of your access. Please see our Privacy and Cookie Policy for details regarding how this information will be used and maintained.

6. LIMITATION ON WARRANTIES AND LIABILITY

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

Nothing in these Terms of Use shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded. Subject to this, if you are a consumer and not a business user, in no event shall we be liable to you for any business losses, and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable, and if you are a business user, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses.

The opinions, observations, and analysis of Trucost 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. Trucost assumes no obligation to update any Content following publication. Users of the Content provided through this Website should not rely on any of it in making any investment decision. Trucost’s opinions, observations and analyses do not address the suitability of any security. Trucost does not act as a fiduciary or an investment advisor. While Trucost has obtained information from sources it believes to be reliable, Trucost does not perform an audit of such information and undertakes no duty of due diligence or independent verification of any information it receives.

7. ADDITIONAL LEGAL TERMS

Unless you have entered into a separate license agreement or subscription agreement with Trucost related to your access to, use, and/or distribution of the Content (see Section 1 above), these Terms of Use constitutes the entire agreement between you and Trcusot relating to the Website, the Content, and Other Content and supersedes any and all other agreements, oral or in writing, with respect to the Website, the Content, and Other Content. The failure of Trucost 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 England. You agree that the courts of England shall be the exclusive forum for any dispute arising out of these Terms of Use and you hereby consent to the personal jurisdiction of such courts. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.  A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings.

As you browse through this Website, 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.

We cannot guarantee the continuous, uninterrupted or error-free availability or operability of the Website, including the Content. There may be times when all, or certain features, or parts, of the Website, including the Content, becomes unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Website, or any features or parts of the Content.

When using the Website, data may be transmitted over an open network which may allow such communications to be intercepted by third parties. As a result, we cannot guarantee the confidentiality or security of any communication or data that you may transmit to us through the Website.

We may change the format and Content of the Website from time to time without notice to you. You agree that your use of the Website and the Content is on an ‘as is’ and ‘as available’ basis and is at your sole risk.

8. Digital Millennium Copyright Act Notification of Claims of Infringement.

If you believe that Content or Other Content published on this Website is infringing, please notify Trucost at info@trucost.com.  You may also send a notice to S&P Trucost Limited, 20 Canada Square, London E14 5LH Attn. Legal Department. 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.