ClearVest may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Website, and you should review this Agreement prior to using our Website. By using our Website, the User agrees to fully comply with and be bound by this Agreement each time you use our Website.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire Agreement between you and ClearVest, and supersedes all other Agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. However, in order for you to use our Website, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
ClearVest grants you a non-exclusive, non-transferable, revocable license to access and use our Website strictly in accordance with this Agreement. Your use of our Website is solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement. No print out or electronic version of any part of our Website may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Website, Content, and any software provided therein.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and ClearVest.
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of ClearVest.
Our Content, as found within our Website, is protected under the United States and foreign copyrights. The copying, redistribution, use or publication by you of any such Content is strictly prohibited. Your use of our Website does not grant you any ownership rights to our Content.
Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date.
We undertake no obligation to update any Content on our Website. We reserve the right to make alterations or deletions to the Content at any time without notice.
Errors, Corrections and Changes
We do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely or otherwise reliable.
We may make changes to the features, functionality or content of our Website at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Website.
Financial, Legal and Other Advice Disclaimer
You hereby acknowledge that nothing contained in our Website shall constitute financial, investment, legal and /or other professional advice and that no professional relationship of any kind is created between you and ClearVest. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in our Website.
No Offer/Local Restrictions
Nothing contained in or on our Website should be construed as a solicitation of an offer to buy or offer, or recommendation, to acquire or dispose of any security, commodity, or investment or to engage in any other transaction. ClearVest may offer a number of products and services designed specifically for various categories of investors in various countries and regions. Not all products will be available to all investors. These products or services are only offered to such investors, in those countries and regions, in accordance with applicable laws and regulations. The information provided on our Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. All persons and entities accessing our Website do so of their own initiative and are responsible for compliance with applicable local laws and regulations. Our Website is not directed to any person in any jurisdiction where the publication or availability of our Website is prohibited, by reason of that person's nationality, residence or otherwise. Persons subject to these restrictions must not access our Website.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED “AS-IS”, “AS AVAILABLE”, WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF merchantability and fitness for a particular purpose). Our website may contain bugs, errors, problems or other limitations. CLEARVEST, including all our affiliates, have no liability whatsoever for your use of our website. CLEARVEST cannot guarantee and does not promise any specific results from use of our Website, including, but not limited to, related software. ClearVest does not represent or warrant that our content, our services, or any software found within are accurate, complete, reliable, current or error-free or that any such items are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such content or software and use industry-recognized software to detect and remove viruses. All responsibility or liability for any damages caused by viruses somehow attributed to our content, services and related software is disclaimed. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content and related software from or through our website or services at your own risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or other harm of any kind that may result. We, as well as all of our affiliates, are not liable for any indirect, special, incidental or consequential damages (including damage for loss of business, loss of profits, litigation, or the like) whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between you and ClearVest. Our website would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through our website shall create any warranty representation or guarantee not expressly stated in this agreement.
Our Website may be temporarily unavailable from time to time for maintenance or other reasons. ClearVest assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, communications.
ClearVest is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to any person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with our Website, including without limitation any software provided through our Website.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our Website.
Limitation of Liability
ClearVest, as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website, (b) the unavailability or interruption of our Website (c) your use of our Website and our Content, (d) the content contained on our Website, or (e) any delay or failure in performance of our Website beyond our control.
In no event will CLEARVEST or its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of our website, content, services, or any related software, accessed through or downloaded from our website, even if CLEARVEST is aware or has been advised of the possibility of such damages.
Use of Information
Links to Other Websites
Our Website may from time to time contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with or sponsor such third party websites. Inclusion of links for any website on our website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content and or data of such third party websites. ClearVest has no control over the legal document and privacy practices of third party websites, as such, you access any such third party websites at your own risk.
If any of the provisions of this Agreement are deemed unlawful or for any reason unenforceable, the same shall be inoperative only to the extent necessary to achieve compliance with applicable law and shall not affect the remaining Terms, which shall be given full effect, without regard to the invalid portion(s).
The laws of the State of New York shall govern this Agreement. The User agrees that any dispute or controversy arising out of this Agreement shall be prosecuted exclusively in the state or federal courts in the State of New York.
ClearVest Advisers, LLC
90 Park Avenue
New York, NY 10016