1. USE OF THE WEBSITE
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 firstname.lastname@example.org. 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 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.
4. ANTI-HACKING PROVISION
You expressly agree not to:
- use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data-mining,” “computer code”, “agent”, “crawl” or any other automated device, program, tool, algorithm, process, or methodology, technology or manual process having similar processes or functionality as the aforementioned data extraction tools, to access, acquire, copy, or monitor any portion of the Website, or Content found on or accessed through the Website or any Other Content without the prior express written consent of Trucost;
- obtain or attempt to obtain through any means any materials or information on the Website that have not been intentionally made publicly available either by their public display on the Website or through their accessibility by a visible link on the Website;
- violate the restrictions in any robot inclusion headers on this Website or in any way bypass or circumvent any other measure employed by Trucost or its affiliates to limit or prevent access to the Website or its Content;
- violate the security of the Website or attempt to gain unauthorized access to the Website, its Content and Other Content, or the computer systems, networks or servers of Trucost or its affiliates, through hacking, password mining or any other means;
- interfere or attempt to interfere with the proper working of the Website or any activities conducted on or through the Website, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Website; and/or
- take or attempt any action that, in the sole discretion of Trucost, imposes or may impose an unreasonable or disproportionately large load or burden on the Website or Trucost’s infrastructure.
6. LIMITATION ON WARRANTIES AND LIABILITY
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
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 email@example.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.