For purposes of this Agreement, “you” means any person or entity contacting and using iconadvisers.com (or investwithicon.com), any person or entity obtaining a user identification and password for the secure areas of the website, and any other persons or entities authorized to use your online/Internet account. “Content” means any and all information, services, hyperlinks, or other audio, visual, graphic, textual or other form of material or data displayed on the website. You agree to ensure that other parties using your Internet account abide by the terms and conditions of this Agreement and you assume responsibility for any breaches of the Agreement by any such persons or entities.
Some of the Content, including but not limited to financial information and research, market data, tools, services and commentary available on or through this website is provided by or obtained from third parties and is made available by ICON Advisers for general reference and educational purposes only. The availability of the information contained herein does not constitute any financial, investment or tax advice. ICON Advisers does not guarantee the accuracy of the third-party information provided, although it is believed to be reliable. The products and services described on this website are available to U.S. investors only and the information on this website is only for such persons. The information on this website is not an offer to sell or a solicitation of an offer to buy any security, nor shall any such security be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase or sale may not lawfully be made. Past performance is no guarantee of future results. Share price, yield and investment returns of mutual funds fluctuate such that an investor’s shares may be worth more or less than original cost upon redemption. You acknowledge that any reliance on information obtained through your use of this website, including through any linked sites, is at your sole risk, and that you assume full responsibility for any and all costs associated in any way with use of the website and the materials it contains and any linked sites, and that ICON Advisers, its officers, directors and employees are not liable for damages of any kind, whether or not such damages might have been foreseeable, related to your use of the website, the materials and information it contains, or any linked sites. You agree to indemnify, defend and hold harmless ICON Advisers and all of its employees, agents and representatives, from any claims asserted by a third party arising from your use of this website, except for claims which pertain to ICON Advisers’ ownership of intellectual property rights in the Content.
2. Limitation on Liability
BY ACCESSING THIS WEBSITE OR RECEIVING ANY OF THE SERVICES PROVIDED HEREIN, YOU AGREE TO WAIVE ALL CLAIMS AGAINST ICON ADVISERS AND ALL THIRD PARTY CONTENT PROVIDERS REGARDING THE INFORMATION PROVIDED ON THIS WEBSITE AND ANY INFORMATION RECEIVED BY YOU AS A RESULT OF USING THE SERVICES, AND ANY USE BY YOU OF SUCH INFORMATION. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL ICON ADVISERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE OR ITS CONTENTS OR SERVICES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, BUSINESS INTERRUPTION, USE, DATA, EQUIPMENT OR OTHER INTANGIBLE LOSSES (EVEN IF ICON ADVISERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (1) THE USE OF OR INABILITY TO USE THIS SITE OR ANY SERVICES; (2) THE CONSEQUENCES OF ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU OR BY ANYONE TO WHOM YOU COMMUNICATE SUCH INFORMATION, OR FOR ANY ERRORS BY YOU IN COMMUNICATING SUCH INFORMATION; (3) THE COST OF SUBSTITUTE GOODS OR SERVICES; OR (4) ANY OTHER MATTER RELATING TO THE CONTENT, SERVICES, OR DISTRIBUTION OF SERVICES THROUGH THIS WEBSITE. ICON ADVISERS SHALL NOT BE LIABLE FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, PROCEDURE, OR SERVICE OBTAINED THROUGH THIS WEBSITE.
3. Arbitration and Governing Law Provisions
By using ICON’s website, you agree that all claims and disputes of every type and matter which may arise between you and ICON Advisers will be submitted to binding arbitration pursuant to the Commercial Arbitration rules of the American Arbitration Association. Such arbitration proceedings and hearings will take place only in Denver, Colorado. To the extent not preempted by federal law, Colorado statutory law (including without limitation the statutes governing the award of damages in arbitration) and Colorado common law will govern. You expressly waive any right to conduct litigation or arbitration in any other forum. Arbitration is final and binding on all the parties.
4. Acceptable Use
The website may not be used in violation of any community standards, accepted Internet policy, laws or regulations of local, state, foreign or federal governments or agencies thereof, or international treaty. Actions such as, but not limited to, misuse of copyrighted, patented or protected materials, use of the website for defamatory, threatening or obscene purposes, the mass distribution of any message on an intrusive basis to users of the Internet, or denial-of-service or security-related attacks is prohibited.
6. Downtime and Interruptions in Service
ICON Advisers strives to keep the website available on a continuous basis. However, as with all computer systems, periodic upgrades and other service will sometimes be required. In addition, telecommunications links that are necessary to operate the website are maintained by third parties and ICON Advisers has no control over the ability of such external systems to remain in operation without disruption. Therefore, you acknowledge that the website may be occasionally unavailable due to such periodic maintenance or to other unexpected interruptions and that ICON Advisers is not responsible for inaccessibility during such downtimes.
7. Modification and Termination
ICON Advisers may modify the Content of this website at any time without notice. This Agreement and any subsequent amendments or modifications are effective unless and until terminated by ICON Advisers. ICON Advisers may terminate this Agreement at any time without notice to you, and accordingly deny you access to any password-protected areas of the website in our sole discretion if you fail to comply with the provisions of this Agreement.
8. General Provisions
This Agreement sets forth the entire agreement related to the subject matter addressed above. If any provision of this Agreement is invalid or unenforceable, the remainder of the Agreement shall remain in force and the affected provisions shall be deemed modified so as to be enforceable to the maximum extent permitted by law. You may not assign this Agreement to a third party without ICON Advisers’ prior consent. ICON Advisers will not be deemed to have waived any rights herein by electing not to enforce such rights. ICON Advisers will not be responsible for any failure in performance that is due to causes or occurrences beyond its reasonable control.