Terms and Conditions of Use – last updated September 2014
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE.
Numeric Investors, LLC ("Numeric") maintains this web site as a service to its clients, potential clients, and other interested parties. Please visit us frequently, browse our pages, and download documents, subject to the Terms and Conditions set out below.
1. COPYRIGHT AND TRADEMARK INFORMATION
This web site, and the information which it contains, is the property of Numeric and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, "Numeric" is a trademark of Numeric under the applicable laws of the United States and other countries. All other product names are trademarks or registered trademarks of their respective owners.
Use Of Numeric Web Site And Its Content: The information contained in this web site is for general guidance on topics selected by Numeric. Such information is provided on a blind-basis, without any knowledge as to your industry, identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in information contained in this web site. The information on this web site is provided with the understanding that Numeric and various authors and publishers' providing such information does not constitute the rendering of legal, accounting, tax, career or other professional advice or services. As such, information on this web site should not be relied upon or used as a substitute for consultation with professional advisors.
Numeric may alter, suspend, or discontinue this web site at any time for any reason, without notice or cost. The web site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
By using this web site, you agree to indemnify, hold harmless and defend Numeric from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of this web site in violation of these terms.
No part of this web site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that Numericauthorizes you to view, copy, download, and print Numeric documents (such as white papers, press releases, data sheets, and FAQs) that are available on this web site, subject to the following conditions:
- The documents may be used solely for noncommercial, informational purposes.
- The documents may not be modified.
- Copyright, trademark, and other proprietary notices may not be removed.
Nothing contained on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any documents displayed on this web site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with the prior written permission of Numeric or such third party that may own the trademark or copyright of material displayed on this web site.
2. ACCURACY CONTENT AND FUTURE MODIFICATIONS TO THIS WEB SITE
The information on this web site is believed to be complete and reliable; however, the information may contain technical inaccuracies or typographical errors.
Numeric reserves the right to make changes to document names and content or other information without obligation to notify any person of such changes.
3. AVAILABILITY OF PRODUCTS AND SERVICES MENTIONED
Information that Numeric publishes on this web site may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that Numeric intends to announce or make available such products or services to the general public, or in your country. Consult your Numeric account representative to determine which products and services may be available to you.
4. NO WARRANTIES
Information and documents provided on this web site are provided "as is." specifically, but without limitation, Numeric does not warrant that: (i) the information on this web site is correct, accurate, reliable or complete; (ii) the functions contained on this web site will be uninterrupted or error-free; (iii) defects will be corrected, or (iv) this web site or the server(s) that makes it available are free of viruses or other harmful components.
Product and service descriptions and specifications are subject to change. Numeric periodically adds or updates the information and documents on this web site without notice.
It is the user's responsibility to ascertain whether any information downloaded from this web site is free of viruses, worms, trojan horses, or other items of a potentially destructive nature.
5. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL NUMERIC BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE INFORMATION CONTAINED ON THIS WEB SITE, EVEN IF NUMERIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NUMERIC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS WEB SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS YOU PAID TO NUMERIC DURING THE MOST RECENT THREE-MONTH PERIOD.
6. LINKS TO THIRD-PARTY WEBSITES
This web site may contain links to non-Numeric web sites. These links are provided to you as a convenience, and Numeric is not responsible for the content of any linked web site. Any outside web site accessed from the Numeric web site is independent from Numeric, and Numeric has no control over the content of that web site. In addition, a link to any non-Numeric web site does not imply that Numeric endorses or accepts any responsibility for the content or use of such a web site.
7. NO IMPLIED ENDORSEMENTS
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Numeric of that third party or of any product or service provided by a third party.
8. JURISDICTIONAL ISSUES
Numeric makes no representation that information on this web site is appropriate or available for use outside the United States. Those who choose to access this web site 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.
9. SUBMISSIONS TO NUMERIC AND AFFILIATED SERVERS
Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to Numeric through this web site is the exclusive property of Numeric. Numeric is entitled to use any information submitted for any purpose, without restriction or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to Numeric and accepts responsibility for its accuracy, appropriateness, and legality.
10. ENFORCEMENT OF TERMS AND CONDITIONS
These Terms and Conditions are governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America, notwithstanding any principles of conflicts of law.
All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration conducted in the English language in Boston, Massachusetts, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the Commonwealth of Massachusetts. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Numeric shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of Massachusetts or any other court of competent jurisdiction.
If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Numeric may, at its sole discretion and without notice, revise these terms at any time by updating this posting.
11. ENTIRE AGREEMENT
This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by Numeric, as described above.
12. FOR ADDITIONAL INFORMATION
If you have any questions about the rights and restrictions above, please contact Numeric's Legal Department.