Last updated: November 17th, 2010
Your use of the Sand Hill Econometrics website, any electronic services made available and any products provided in downloadable form, collectively referred to as "Services," are subject to the terms of a legal agreement between you and Sand Hill Econometrics, as explained in this document.
Accepting the Terms
Your use of our Services requires acceptance of the terms. You may indicate your acceptance of the terms by actually using the Services. You understand and agree that Sand Hill Econometrics will treat your use of the Services as acceptance of the terms from that point onwards.
You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with Sand Hill Econometrics.
The trade names, trademarks, service marks, trade dress, logos, product and service names, and other indicia of source found on the site are proprietary to their respective owners and are protected by trademark or other applicable law. The trademarks may be registered or unregistered trademarks of Sand Hill Econometrics or others. You may not use any trademark without the express written permission of the owner (whether Sand Hill Econometrics or otherwise), and nothing contained in a Service should be construed as granting any license or right to use any trademark. You may not use any trademark in any manner that is likely to cause confusion about the source of any product or service or falsely implies Sand Hill Econometrics' sponsorship, endorsement, or affiliation with any third-party activity.
Use of Services and Content
The content available through the Sand Hill site and through any other Service is the property of Sand Hill Econometrics and/or its licensors and is protected by copyright, trademark, patent, database-rights, and/or other applicable law.
During the term of any Service to which Sand Hill Econometrics has granted you access and unless this Agreement is otherwise terminated, you may use that Service and any Content available through it, but only for your internal, non-commercial purposes. Your right to use any Service or Content does not permit you to authorize another person to use that Service or Content in any way. You may not assign or sublicense any right that you may have under this Agreement, and any assignment or sublicense is null and void. Except as necessary to use a Service as permitted under this Agreement, you may not copy, reproduce, modify, create derivative works from, publicly display, publicly perform, distribute, retransmit, publish, broadcast, sell, or store any Content (or any portion of it) without Sand Hill Econometrics' express prior permission in each case. You may not remove, alter, hide, or otherwise render unreadable any notice, legend, watermark, or other designation relating to ownership of Content that appears on or with any Content or Service.
As a condition of your right to use any service or content under this Agreement, you may not use any Sand Hill Econometrics indexes, any trademarks, or any other content in connection with the issuance, marketing or promotion of investment products (e.g., derivatives, structured products, investment funds, investment portfolios) where the price, return and/or performance of the investment product is based on or related to one or more of ’ indexes, except as provided for in a separate written agreement with Sand Hill Econometrics. Nothing contained in any Service may be construed as granting any license or right to use any of Sand Hill Econometrics's indexes or average (or any element or subset of it), except as provided in a separate written agreement with Sand Hill Econometrics.
You may not use any automated device, computer program, tool, algorithm, process, or methodology (or any manual process of a similar character) to access, acquire, copy, or monitor any Content or Service, or to engage in the mining or other systematic collection of information from any Service. You may not use a Service in any manner that could (in Sand Hill Econometrics' sole judgment) damage, disable, overburden, impair or interfere with any server, or the network(s) connected to any Sand Hill Econometrics server, or interfere with any other party's use and enjoyment of a Service.
You may not allow any other person or entity to use your Account, nor may you transfer it to any other person or entity. You are responsible for all activity under your Account, including all uses of it to access any Service and all uses of Content obtained under it. You may not access a Service, Account, or any associated computer system or network by any unauthorized means, including hacking, password mining, fraud, or trick. You may not obtain or attempt to obtain any Content through any means not intentionally made available to you by Sand Hill Econometrics through a Service.
You will not use any Service for any illegal or fraudulent purpose or for any purpose prohibited by this Agreement. You may not use any Service or Content to infringe, misappropriate, or violate the rights of Sand Hill Econometrics or any third party.
Advice and Opinions
No part of any Service contains investment advice, tax advice, legal advice, or other professional advice from Sand Hill Econometrics or its licensors. Neither Sand Hill Econometrics nor its licensors sponsors, recommends or endorses the purchase or sale of any security or investment through any feature of any Service or Content. Inclusion of a company or other component in any of Sand Hill Econometrics’ indexes does not in any way reflect an opinion of Sand Hill Econometrics or its licensors of the investment merits of such company or other component.
Links to Other Web Sites
Disclaimers of Warranties
ALL SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER SAND HILL ECONOMETRICS NOR ANY OF ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS (COLLECTIVELY, "THE SAND HILL ECONOMETRICS PARTIES") WARRANTS THAT ANY SERVICE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE SERVICES AND CONTENT. THE PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR NON-INFRINGEMENT OF ANY SERVICE OR CONTENT (OR ANY MATERIAL ACCESSED VIA LINKS TO OTHER WEB SITES OR SERVICES). SAND HILL ECONOMETRICS RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE. IF YOU RELY ON ANY SERVICE OR CONTENT, YOU DO SO ENTIRELY AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, THE SAND HILL ECONOMETRICS PARTIES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED.)
ALTHOUGH SAND HILL ECONOMETRICS INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, "TROJAN HORSES" OR OTHER MALICIOUS CODE, DOES NOT GUARANTEE OR WARRANT THAT THE SERVICES OR CONTENT ARE FREE FROM SUCH DESTRUCTIVE FEATURES. SAND HILL ECONOMETRICS IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
Limitations of Liability
THE SAND HILL ECONOMETRICS PARTIES ARE NOT LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANYONE ELSE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY THAT OCCURS IN CONNECTION WITH (1) YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT OR (2) ERRORS, OMISSIONS, INTERRUPTIONS OR INACCURACIES IN ANY SERVICE OR CONTENT. IN NO EVENT WILL THE PARTIES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE CONTENT OR ANY FEATURE OF ANY SERVICE.
UNDER NO CIRCUMSTANCES WILL THE SAND HILL ECONOMETRICS PARTIES BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY DAMAGES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF ANY SERVICE OR CONTENT, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE OF ANY KIND), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF THE DAMAGES OR IF THE DAMAGES COULD HAVE BEEN FORESEEN.
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CERTAIN KINDS OF DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. IF ANY COMPETENT AUTHORITY HOLDS ANY LIMITATION OF THE SAND HILL ECONOMETRICS PARTIES' LIABILITY TO BE UNENFORCEABLE, THEN THAT LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY THE APPLICABLE LAW.
You agree to indemnify and hold Sand Hill Econometrics harmless against all liabilities, losses, damages, expenses, and costs (including reasonable attorneys' fees) that it incurs as a result of claims related to your violation of this Agreement. Sand Hill Econometrics reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify Sand Hill Econometrics for all liabilities, losses, or damages. You agree to provide with whatever cooperation it reasonably requests.