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1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE
This website (the “Site”) is provided under these Terms of Use and any operating
rules, policies, and procedures that may be published from time to time on this
Site (the "Terms"). Persons that use or access the Site are referred to herein as
"Users." Your use of this Site constitutes your acceptance of these Terms, and has
the same force and effect as a signed agreement.
2. COMPANY DISCLOSURE
This Site is made available for the purpose of providing the financial community with
general information on the investment management businesses of Independence Investments LLC
(the "Firm").
3. DISCLAIMER
Nothing contained on this Site constitutes
investment advice. The Site does not contain any advice as to the value of
securities or as to the advisability of investing in, purchasing, or selling
securities. Decisions based on information contained on this Site are the sole
responsibility of the User. The information contained in this Site is not an
offer to sell or a solicitation of an offer to buy any security or any
investment product or service. No security or other product or service is
offered or will be sold in any jurisdiction in which such offer or
solicitation, purchase or sale would be unlawful under the securities laws or
other laws of such jurisdiction. No such security or other product or service
is offered or will be sold in any jurisdiction in which registration,
licensing, qualification, filing or notification would be required unless such
registration, license, qualification, filing or notification has been effected.
4. LINKS
The Site may provide links to third-party
websites or resources. Each User acknowledges and agrees that the Firm is not
responsible for the availability of such third-party sites or resources, and
does not endorse, approve, investigate, verify and is not responsible or liable
for any content, advertising, products, or other materials on or available from
such sites or resources. Each User agrees that the Firm shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such
content, products or services available on such external sites or resources.
These links are provided as a convenience and solely for informational
purposes. The Firm is not making any recommendation to invest in, purchase, or
sell any securities or other products or services issued by the companies with
the linked sites, nor has the Firm sought to verify or confirm the information
contained in the linked sites. Accordingly, the Firm disclaims any
responsibility for the linked sites.
5. PROPRIETARY RIGHTS
Each User acknowledges that content, including
but not limited to text, software, sound, photographs, video, graphics or other
material contained on the Site ("Content"), is protected by
copyright, trademarks, service marks, patents or other proprietary agreements
and laws and each User is only permitted to use this Content as expressly
authorized by the Firm. These Terms do not transfer any right, title, or
interest in the Site or the Content to any User, and no User may copy,
reproduce, distribute, or create derivative works from this Content without
expressly being authorized to do so by the Firm, provided Users may print out
pages from the Site and make a reasonable number of copies of such pages for
internal use within their organizations in accordance with these Terms. Users
shall not remove, alter, or obscure any copyright, trade secret, or other
proprietary rights notices appearing in or on the Site, and shall reproduce all
such notices on any copies of any copies of Content made by or on behalf of
Users.
Notice
*Frank Russell Company ("FRC") is the source and owner of certain
data contained or reflected in this material and all trademarks and copyrights
related thereto that relate to Russell Indices. The material may contain
confidential information and unauthorized use, disclosure, copying,
dissemination or redistribution is strictly prohibited. This is a USER
presentation of the data. Frank Russell Company is not responsible for the
formatting or configuration of this material or for any inaccuracy in
presentation thereof.
6. USER CONDUCT
Each User agrees that it is solely responsible
for its actions, and the content of its transmissions through or posting on the
Site and that it will abide by all applicable local, state, national and
international laws and regulations in use of the Site. Each User also agrees
not to (i) upload or distribute in any way files that contain viruses,
corrupted files, or any other similar software or programs that may damage the
operation of another’s computer; (ii) interfere or disrupt networks connected
to the Site; (iii) use any device, software or routine in an attempt to
interfere with the proper functioning of the Site or any transactions being
offered at the Site; and (iv) take any action that imposes an unreasonable or
disproportionately large load on the Site's infrastructure.
7. NOT DIRECTED AT CHILDREN
This Site is not directed at children, is not
intended to market any product or service to children, and does not seek to
solicit or obtain personal information from children.
8. SECURITY
All transmissions that Users submit in connection
with this Site, including electronic mail inquiries, are submitted through the
Internet, which is an unsecured, public network. Certain transmissions may be
protected through encryption technology, and all such encrypted transmissions will be
indicated. All other transmissions, however, are unsecured.
9. MODIFICATIONS TO RULES
The Terms may be changed from time to time,
without prior notice. Upon any such change the amended Terms will be posted on
this Site. The amended Terms shall automatically become effective immediately
after they are initially posted on this Site. The Terms were last revised on
June 2, 2006. Each User's continued use of the Site after the posting of the
amended Terms on this Site constitutes such User's affirmative: (a) acknowledgement
of the Terms and any modifications; and (b) agreement to abide and be bound by
the Terms, as amended.
10. MODIFICATIONS TO SITE; TERMINATION
The Firm reserves the right to modify or
discontinue all or part of the Site, temporarily or permanently, with or
without notice to any User, and is not obligated to support or update the Site.
Each User acknowledges and agrees that the Firm shall not be liable to any User
or any third party in the event that the Firm exercises its right to modify or
discontinue all or part of the Site or for any failure to update the Site.
11. DISCLAIMER OF WARRANTIES
EACH USER EXPRESSLY AGREES THAT USE OF THE SITE
IS AT ITS SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" "AS
AVAILABLE" BASIS. THE FIRM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF
DEALING OR COURSE OF PERFORMANCE. THE FIRM MAKES NO WARRANTY THAT THE SITE WILL
MEET USER'S REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE; NOR DOES
THE FIRM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY
INFORMATION OBTAINED THROUGH THE SITE OR THAT DEFECTS IN THE SITE WILL BE
CORRECTED.
EACH USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT ITS OWN DISCRETION
AND RISK AND THAT IT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL
OR DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF
THE ABOVE EXCLUSIONS MAY NOT APPLY.
12. LIMITATION OF LIABILITY
Each User agrees that neither the Firm nor
any officer, affiliate, manager, member, director, agent or employee of the Firm
will be liable to such User or any third party for any direct, indirect, incidental,
special, punitive, or consequential damages, loss of profits, loss of earnings, loss of
business opportunities, damages, expense, or costs resulting directly or indirectly from,
or otherwise arising in connection with, the use or inability to use the Site by User or
any third party, including without limitation any of the following:
- Reliance. Damages resulting from or arising from any reliance on the Site or
any Content on the Site, or the mistakes, omissions, interruptions, errors, defects, delays
in operation, non-deliveries, mis-deliveries, transmissions, eavesdropping by third parties,
or any failure of performance of the Site or any Content.
- Infringement, Etc. Any allegation, claim, suit, or other proceeding based upon
a contention that the use of the Site by any User or a third party infringes the copyright,
patent, trademark, trade secret, confidentiality, privacy, or other intellectual property
rights or contractual rights of any third party.
- Force Majeure. Any delay or failure of the Network to perform due to government
restriction, strikes, war, any natural disaster or any other condition beyond The Firm's
control.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY.
13. INDEMNIFICATION
Each User agrees to indemnify, defend and hold
harmless the Firm, its parents, subsidiaries, affiliates, directors, officers,
members, managers and employees, from any claim or demand, including reasonable
attorneys’ fees, made by any third party due to or arising out of use of the
Site, such User’s violation of the Terms, or the infringement by such User of
any right of any person or entity.
14. GENERAL
In the event that any provision of these Terms
shall, in whole or in part, be determined to be invalid, unenforceable or void
for any reason, such determination shall affect only the portion of such
provision determined to be invalid, unenforceable or void, and shall not affect
in any way the remainder of such provision or any other provision of these
Terms. The Firm and User authorize a court or arbitrator to replace such an
invalid, unenforceable or void provision with a valid provision which is as similar
as possible in substance to the invalid, unenforceable or void provision. The
Firm’s failure to act with respect to a breach by User or others does not waive
its right to act with respect to subsequent or similar breaches.
These Terms shall be governed by and construed
in accordance with the laws of the Commonwealth of Massachusetts, without
regard to its choice of law provisions. In the event of any conflict between
foreign laws, rules and regulations and those of the United
States, the laws, rules and regulations of the United States
shall govern. Users hereby consent to personal jurisdiction by the state and
federal courts located in Boston Massachusetts. These Terms and
any modifications hereto constitute the entire agreement between the parties
with regard to the subject matter hereof and supersede all prior understandings
and agreements, whether written or oral, as to such subject matter. Nothing
contained in these Terms shall be deemed to constitute either party as the
agent or representative of the other party, or both parties as joint venturers
or partners for any purpose.
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