Conditions for Website Use
This website (“Site”) is made available by Portfolio Evaluations, Inc. (“PEI”). All content, information and other materials provided on or through the Site (“Content”) can only be used in accordance with these Conditions for Website Use (“Conditions”). By continuing to view or otherwise use the Site, you are agreeing to comply with and be bound by such Conditions.
a. License to Use Site. Subject to these Conditions, PEI grants you a nonexclusive, revocable, limited license to access and use the Site and its Content. PEI may terminate this license at any time for any reason.
b. Use. The Site and its Content are provided for general informational and educational purposes. You may only use the Site for your own personal, non-commercial use. You may not print, download, copy, modify, reproduce, reuse, publish, repost, distribute, display, transmit, license, sell, supplement, upload or otherwise use all or any portion of the Site or its Content for commercial, non-profit or public purposes without PEI’s express written permission. Any use of Content from the Site in accordance with these Conditions must contain PEI’s proprietary markings, such as copyright and trademark notices, in the same form and manner as the original. Any unauthorized use of the Site or its Content, in any form, is prohibited.
c. No Harmful Use. In exchange for PEI’s permission to use this Site, you agree that you will not do anything to harm the functioning or Content of the Site. You will not attempt to insert or change any information or image on or upload to the Site, except for providing information where prompted by the Site. You agree that you will not take any action that imposes an unreasonably large load on the Site or interferes with its functioning. You also agree that you will not use any false identity when interacting with the Site, or do anything that is otherwise legally prohibited. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any of its Content, or in any way reproduce or circumvent the structure or presentation of the Site.
d. Third-Party Content and Websites. Third-party content may appear on or be accessible from the Site, including but not necessarily limited to links to websites maintained by third parties. Access to any other Internet site linked to the Site is at the user’s risk and PEI is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on such sites. PEI provides these links merely as a convenience and not as an endorsement. PEI disclaims any and all liability with respect to such third-party websites and any other websites or content that may be accessible from such third‐party websites.
e. Not Professional Advice. The Site and its Content do not constitute legal, tax, accounting, investment or any other type of advice, and are not offered or intended as a replacement for actual advice. The accuracy or completeness of the Site and its Content is not warranted or guaranteed. Your use of the Site and its Content, including any materials linked to or accessible from the Site, is entirely at your own risk, for which PEI shall not be liable.
f. Intellectual Property. Unless otherwise indicated, all Content, including but not limited to text, graphics, images and logos, is protected by law including, but not limited to, United States copyright, trade secret, patent, trademark and/or other state, national, and international laws and regulations protecting intellectual property. All Content belongs to PEI or third‐parties, if indicated.
g. Privacy. Any personal information you disclose to PEI through the Site (e.g., name, address, email address) is used internally by PEI, solely for the intended business purpose. PEI will use commercially reasonable efforts to maintain the confidentiality of any personal information you choose to disclose through the Site. However, in no event shall PEI be responsible or liable for any damage resulting from the unauthorized disclosure of any personal information you choose to transmit to us through the Site. PEI automatically collects non-personal information such as environmental variables and Site “traffic data” (for example, but not limited to, an IP address, Content accessed from the Site or email communications, computer type (Windows or Macintosh), screen resolution, OS version, Internet browser, and Internet browser version). Email communications may include advertisements or educational materials. The use of the Site provides consent that PEI may receive the above stated information. Information collected is for the sole use of PEI only. It is for internal use only. It is never sold or rented. This information is used to diagnose problems and analyze trends to provide better services, information, and tools. You may unsubscribe from email advertisements or educational materials at any time should you wish to no longer receive further communications of a particular type. Please allow for up to 10 business days for these requests to be processed.
h. Private Pages and Login. Certain sections of the Site may not be available to the general public and may be password protected. If you are authorized to utilize these sections of the Site, you are responsible for maintaining the confidentiality of your account, user name and password. You are also responsible for all uses of your account, whether or not you have actually or expressly authorized such use. You further agree to notify PEI immediately of any unauthorized use of your account, user name or password, or any other breach of security. PEI, in its discretion, reserves the right to refuse or revoke access to these sections of the Site at any time.
i. Information Provided by User. Some sections of the Site enable you to provide certain information about yourself if you would like to have one of our representatives contact you, join our email list or otherwise receive additional information from PEI. You assume all risks of transmitting information to us. You should not provide us with any information other than the information requested. By way of example, do not provide us with any private business, financial or retirement plan information through the Site.
j. Changes. PEI reserves the right to modify the Site, including these Conditions, without notice at any time. Updated versions of the Conditions may appear on the Site and shall be effective immediately. Continued use of the Site after any such changes constitutes your acceptance of such changes.
k. DISCLAIMER. PEI has attempted to provide timely and accurate information on the Site. However, PEI does not guarantee the accuracy, reliability, timeliness or completeness of the Content available on or through the Site. You assume all responsibility and risk for your use of the Site. The Content on the Site is provided “as is” without any express or implied warranty of any kind, including, without limitation, any warranty of merchantability or fitness for a particular purpose, non-infringement of intellectual property or freedom from errors, viruses or other harmful components. In no event shall PEI be responsible or liable for any loss, injury, claim, liability or damage, including, without limitation, any direct, indirect, special, incidental, consequential or punitive damages, or any damages from loss of profits or business interruption, including attorneys’ fees and costs, arising or resulting from, or in any way related to: (i) the use, inability to use or unavailability of the Site and/or its Content or any portion thereof, including but not limited to any errors in or omissions from the Site and the Content; or (ii) the use, inability to use or unavailability of any third-party website or content directly or indirectly accessed through the Site, including but not limited to any errors in or omissions from such third-party websites or content.
l. PEI’s Remedies. PEI reserves the right to seek all remedies available at law and in equity in the event of any violation of these Conditions.
m. Governing Law and Jurisdiction. Any disputes regarding the Site or your use of it will be governed by, and these Conditions shall be construed and enforced in accordance with, the laws of the United States and the State of New Jersey, without regard to the conflict of law provisions thereof. You agree to be subject to the personal jurisdiction of and venue in the state and federal courts in the State of New Jersey and waive any objection to such jurisdiction and venue.
n. Entire Agreement and Severability. These Conditions incorporate by reference any notices contained on the Site. These Conditions constitute the entire agreement between you and PEI regarding access to, and use of, the Site. These Conditions apply only to the use of the Site and do not supersede any other contractual agreements between you and PEI. If any provision of these Conditions is held by a court of competent jurisdiction to be void, unenforceable or illegal, then such provision shall be of no force or effect but shall not impair the enforceability of any other provision of these Conditions.
o. Additional Information Concerning PEI. PEI is an investment adviser registered with the U.S. Securities and Exchange Commission (“SEC”). PEI’s Form ADV, Uniform Application for Investment Adviser Registration, is available for review on the SEC’s Investment Adviser Public Disclosure website (www.adviserinfo.sec.gov).