Legal Disclaimer
Emcor Securities Inc. Web Site Terms and Conditions
Binding Agreement
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. By using the Emcor Securities Inc. (“Emcor”) web site, located at http://www.emcor.com, you agree to be bound by the Terms and Conditions specified below, as they may be amended from time to time. Emcor reserves the right to amend these Terms and Conditions at any time by posting the amended terms to this web site. Your continued use of the Emcor site constitutes acceptance of the amended terms. If you do not agree with these Terms and Conditions (as amended from time to time) or are dissatisfied with the Emcor site or any other terms, conditions, rules, policies, guidelines or practices of Emcor, your sole and exclusive remedy is to discontinue using the Emcor site.
Copyright Restrictions/Use of Content
The materials hosted on the Emcor site are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized to use the content on the Emcor web site for internal business purposes only. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this site without the prior written consent of Emcor, except as follows: you may store copies of such materials temporarily in RAM and may store files that are automatically cached by your web browser for display enhancement purposes and you may print a reasonable number of pages of the Emcor web site for internal business purposes; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither title nor intellectual property rights to any information or material in this site are transferred to you, but remain with Emcor or the applicable owner of such content.
Trademarks
The term “Emcor” is a trademark, and the “Emcor” logo and all related product and service names, designs, and slogans are the trademarks or service marks of Emcor Securities Inc. All other product and service marks on this web site are the trademarks of their respective owners.
Use of Emcor Web Site; Uploading Information
You agree to use the Emcor web site only for lawful purposes. Unless specifically stated otherwise, all information and material in this web site are made available only for the purpose of providing information.
Specifically you agree not to do any of the following: (i) upload to or transmit on the Emcor web site any defamatory, indecent, obscene, harassing, excessively violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (ii) use the Emcor web site to violate the legal rights (including the rights of publicity and privacy) of others; (iii) intercept or attempt to intercept electronic mail not intended for you; (iv) misrepresent an affiliation with any person or organization; (v) restrict or inhibit other persons’ use of the Emcor web site; (vi) upload or otherwise transmit files that contain a virus or otherwise corrupted data; or (vii) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Emcor web site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Emcor web site).
Any content and/or opinions uploaded, expressed or submitted to a message board, chat room or any other publicly available section of the Emcor web site, and all articles and responses to questions, other than such content provided by Emcor, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Emcor. You understand and acknowledge that you are responsible for whatever content you submit, and you, not Emcor, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Emcor web site, you warrant that the material is your own, is in the public domain, or otherwise free of proprietary or other restrictions and that you have the right to use it, including by posting it to the Emcor web site. You grant to Emcor the right to use all such content you upload or otherwise transmit to the Emcor web site in any manner Emcor chooses, including but not limited to copying, displaying or performing, or publishing it in any format whatsoever, and modifying it, incorporating it into other material or making a derivative work based on it.
Emcor reserves the right, but does not assume any responsibility, to remove from the Emcor web site any material posted by you on the Emcor web site which Emcor, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Emcor has been notified, or has reason to believe, constitutes a copyright infringement. However, Emcor can neither review all material prior to transmission on the Emcor web site nor ensure prompt action with respect to objectionable material after it is transmitted on the Emcor web site. Accordingly, Emcor assumes no liability for any action or inaction regarding transmissions, communications, or other content that is provided by third parties.
Your failure to comply with the above provisions may result in the termination of your subscription to the Emcor web site and may expose you to civil and/or criminal liability.
Content
The information contained herein has been obtained from sources believed to be reliable, but its accuracy and completeness are not guaranteed. Emcor reserves the right at any time and without notice to change, amend or cease publication of the information. It has been prepared solely for informative purposes. Emcor may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
News feeds, market quotes and other links on this web site are provided by independent third parties and are not guaranteed to be accurate, complete, or timely. Neither Emcor nor independent third party providers shall have any liability, contingent or otherwise, for the accuracy, completeness, timeliness or correct sequencing of such information, or for any decision made or action taken by you in reliance upon such information. The news, market quotes and links provided are shown for your convenience only. Linked sites are independent and are not owned or operated by Emcor. Emcor does not endorse any linked sites, nor does Emcor guarantee the timeliness, accuracy, completeness or adequacy of any information posted on the linked sites. Emcor does not necessarily agree with any opinion, outlook or forecast stated on any linked site. Emcor reserves the right to terminate, modify or change the links, news sources and market quote sources at any time without notice.
Performance data contained on this web site represents past performance and the investment return and principal value of an investment will fluctuate over time, and may be worth more or less than their original cost. Any historical performance quoted should not be viewed as representative of future performance.
No Recommendation
The Emcor web site is provided for informational purposes only and shall not be construed to be a recommendation to buy or sell securities. Nothing on this web site shall be considered a recommendation or solicitation to buy or an offer to sell a security to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the securities laws of such jurisdiction. Any investment decisions you may make on the basis of any information found on this web site is your sole responsibility.
Emcor does not represent, warrant, endorse or guarantee any advertised products or services, and the identification or listing of products, services, links or other information on the Emcor site or any linked site does not constitute or imply any sponsorship, affiliation or recommendation by Emcor. You assume all responsibility and risk associated with the use of the Emcor service and the Internet generally.
Disclaimer and Limitation of Liability
THE EMCOR WEB SITE AND INFORMATION PROVIDED ON THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER EMCOR NOR ANY PERSON ASSOCIATED WITH EMCOR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE EMCOR WEB SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER EMCOR NOR ANYONE ASSOCIATED WITH EMCOR WARRANTS OR REPRESENTS THAT THE EMCOR WEB SITE OR THE INFORMATION PROVIDED ON THE WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE EMCOR WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE EMCOR WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. EMCOR DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. IN NO EVENT WILL EMCOR OR ITS CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE EMCOR WEB SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE EMCOR WEB SITE OR THE CONTENT TRANSMITTED ON THE EMCOR WEB SITE, WHETHER OR NOT THERE IS NEGLIGENCE BY EMCOR AND WHETHER OR NOT EMCOR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME OF THE FOREGOING EXCLUSIONS ARE NOT PERMITTED IN CERTAIN STATES OR COUNTRIES, AND MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify and hold harmless Emcor, its affiliates, agents, third-party information providers, merchants, licensors and others involved in the delivery of the Emcor web site or the delivery of products, services or information over the Emcor web site, and their respective officers, employees and directors, from and against any and all liabilities, expenses, damages, and costs, including reasonable attorney’s fees, resulting from any violation by you of this Agreement or otherwise arising out of your use of the Emcor web site.
Privacy; Protection of Personal Information
Emcor’s use of your personal information is in accordance with our privacy policy and is incorporated into by reference into these Terms and Conditions.
Relationships
Employees of Emcor may have relationships with investment managers listed on this Web site or otherwise recommended by Emcor.
Comments and Submissions
Emcor welcomes your comments. All comments, suggestions or other information sent by you to this site (other than postings to publicly available portions of this site such as message boards or chat rooms) for internal use by Emcor or its advertisers or business partners or in response to solicitations on this site, will become Emcor’s property, you agree that all intellectual property rights therein are transferred to Emcor.
Compliance
This web site is operated from a site in the State of New York, USA. Emcor makes no representation that materials in this web site are appropriate or available for use in other locations. If you access this web site from other locations, you are responsible for complying with local laws.
Contact
Please contact us at 212.983.1910 or e-mail to info@emcor.com if you become aware of any content that you believe to be in violation of these Terms and Conditions, including without limitation, claims that any content on the Emcor web site infringes the copyright of a third party.
Miscellaneous
These Terms and Conditions shall be governed in all respects by and construed in accordance with the laws of the State of New York, USA, without regard to its conflicts of law principles. These Terms and Conditions, as they may be amended from time to time, completely and exclusively state the agreement between you and Emcor with respect to the Emcor web site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Emcor web site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Exclusive jurisdiction over any cause of action arising out of these Terms and Conditions or your use of the Emcor web site shall be in the state or federal courts located in New York City. You agree to submit to the jurisdiction of such courts.
If any part of these Terms and Conditions is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms and Conditions shall remain in full force and effect.
Emcor’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Emcor nor any trade practices shall be deemed to modify these Terms and Conditions.
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