Tamarac Inc. ("Tamarac," "we," or "us") operates and maintains the tamaracinc.com and tamaracservices.com websites (the "Sites"). Each time you access, view or use a Site, you agree to be bound by these Terms of Use, which may be amended from time to time. We will make commercially reasonable efforts to provide each user of the Sites with notice of any amendment to these Terms of Use, and we also will provide notice on the Sites of any amendment to these Terms of Use. Any amendment only will apply to your use of the Sites on and after the date of such amendment. In addition, if you use or purchase any products or services through the Sites, you also will be subject to any terms and conditions applicable to those products and services.
We reserve the right, at any time, to modify the Sites, with or without notice; charge fees in connection with the use of the Sites; modify or waive any fees charged in connection with the Sites; and offer opportunities to some or all users of the Sites. You agree that we will not be liable to you for any modification of the Sites, in whole or in part, or of any product or service, content, feature or product offered through the Sites. Your continued use of the Sites after such changes will indicate your acceptance of the changes.
The Sites are available only to people who are of legal age to form a binding contract, and in no event may a Site be used by a person aged 13 or younger. The Sites are operated and maintained by Tamarac from the United States of America, and Tamarac does not represent or warrant that any Site is appropriate or available for use in any particular jurisdiction. You choose to access, view or use the Sites on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.
Our Service Generally
We endeavor to provide users of the Sites with access to certain specialized content and services relating to portfolio management and our products and services. We do not review, screen, edit or monitor all of the information or content submitted to the Sites or make judgments about such information or content. While we attempt to provide useful information and content on the Sites, you acknowledge that the information and content we use is reliant upon third-party data and contributions (such as contributions by investment professionals and market data provided by third parties), that there are certain inherent limitations to the accuracy or currency of such information, that such information may be incomplete or may contain inaccuracies and that information on the Sites may be outdated or contain errors, omissions or misinterpretations of information.
An investment professional's access to or use of the Sites is not an endorsement of that investment professional by us or a guarantee of that investment professional's identity, quality, pricing or availability. You should verify the accuracy of any information you obtain from the Sites before using such information. You agree to be solely responsible for your use of the Sites and any information available through the Sites.
Unless otherwise provided in a written agreement between Tamarac and you, the Sites and any information, products or services made available through the Sites are provided on an "AS IS, AS AVAILABLE" basis. We will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information or improper delivery of information.
WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY DATA OR INFORMATION CONTAINED ON THE SITES, INCLUDING WITHOUT LIMITATION ANY DATA OR INFORMATION THAT IS CONTRIBUTED TO THE SITES BY THIRD PARTIES. WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE SITES SAFE, WE DO NOT REPRESENT OR WARRANT THAT THE SITES OR THEIR SERVERS OR ANY DATA OR INFORMATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT PROVIDE ANY INVESTMENT ADVISORY SERVICE, BROKERAGE SERVICE OR ANY OTHER PROFESSIONAL SERVICE, AND ANY ADVICE OR OTHER INFORMATION OBTAINED THROUGH THE SITES OR OUR PRODUCTS AND SERVICES WILL BE USED BY YOU SOLELY AT YOUR OWN RISK.
THE PRODUCTS, SERVICES, DATA AND INFORMATION MADE AVAILABLE THROUGH THE SITES ARE FOR YOUR CONVENIENCE ONLY AND SHOULD NOT BE CONSTRUED AS AN OFFER, OR SOLICITATION OF AN OFFER, TO BUY OR SELL SECURITIES EITHER GENERALLY OR IN ANY STATE OR OTHER JURISDICTION WHERE THE OFFER OR SALE IS NOT PERMITTED.
Your Registration Obligations
In order to use the Sites or certain parts or enhancements to the Sites, you may be required to have a user account. In this case, you agree to provide accurate information when establishing and updating your account. You are responsible for maintaining the confidentiality of your password and keeping it secure, and you will be responsible for all usage of your user account and user name, whether authorized or not authorized by you. You agree to immediately notify us of any unauthorized use of your user account, user name or password. In addition, you agree that you will never use another user's account.
We will not be liable for any loss or damage caused by the unauthorized use of your account. However, you may be liable for our losses or the losses of others due to such unauthorized use. Although we have confidence in our security policies, their effectiveness relies upon your adherence to these Terms of Use.
We reserve the right, in our sole discretion, to terminate or suspend your account if we believe, or have been notified by a third party of its belief that, you may be infringing the rights of others, violating the copyrights of others or engaging in any inappropriate behavior. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Sites or to any products or services available through the Sites for any reason or no reason, with or without notice. In the event of termination, your account will be disabled, and you will not have access to your account. You should be aware that, in event that your account is terminated, we may not be able to return your content to you and that you may not otherwise have access to your content, although residual copies of such information may remain in our system for back-up purposes and for compliance with legal reporting obligations.
Your Conduct
By using the Sites or any product or service available through the Sites, you agree that:
you will not provide any content or conduct yourself in any way that may be construed as unlawful, harmful, offensive; designed to interfere with or disrupt the operation of a Site or infected with a virus or other destructive programming routine;
you will not impersonate or misrepresent your association with any person or entity, and you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
you will not attempt to aggregate or otherwise collect or harvest any information about the collective users of a Site;
you will not attempt to disable or circumvent any features of the system that are designed to limit your access to certain information about users of the Sites, and you will otherwise not collect or harvest any information about a given user if you are not a person in a bona fide category to which such user has given permission for access;
unless otherwise provided in a written agreement between Tamarac and you, you will not provide, and you will not use any Site to provide, any content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes or any other form of unauthorized advertising or commerce, and you will not use the Sites to promote or operate any service without Tamarac's prior written consent; and
you will not provide any content that may give rise to Tamarac or its affiliates being held civilly or criminally liable or that may be considered a violation of any law, including without limitation laws relating to copyrights, trademarks, patents or trade secrets.
If you provide any content or other information through any Site that we are given any reason to believe may be false, inaccurate, misleading or incomplete, we may terminate your use of the Sites.
License to Use Your Content
Although you will retain any ownership rights that you may have to your content, by submitting or providing any content to a Site, you hereby grant to us a perpetual, worldwide, non-exclusive, royalty-free, irrevocable right and license (including any moral rights or other necessary rights) to use, display, reproduce, publish, distribute, archive, modify or translate such content in connection with the Sites in whole or in part and in any media now known or developed in the future. Without this license, we would not be able to make your content available through the Sites. Notwithstanding the foregoing, our use of your content will be consistent with our Privacy Policy, and if you subscribe to our products and services, our use of your content also will be limited by a written subscription agreement between Tamarac and you.
You represent and warrant that you have all legal, moral and other rights that may be necessary to grant us the license described in the preceding paragraph. You agree that you will not make any claims against us based on any allegations that any activities or alleged omissions within the Sites, whether or not by or condoned by us, infringe any intellectual property rights associated with your content. You acknowledge and agree that we have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any content you submit or provide to the Sites at any time and for any reason, with or without notice.
Links to Other Sites and Third-party Services
The Sites contain links to third-party sites. These links are provided as a convenience to you and not as an endorsement by us of the contents of such third-party sites. We are not responsible for the content of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such sites. If you decide to access linked third-party sites, YOU DO SO AT YOUR OWN RISK.
In addition, the products and services of third parties may be made available through the Sites. Representations made regarding such products and services will be governed by the policies and representations made by such third parties. We will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.
Intellectual Property Rights
You acknowledge that we either own or have a license to use the Sites and all related intellectual property rights. TAMARAC, TAS, ADVISOR, THE FREEDOM TO GROW YOUR BUSINESS and other trademarks and service marks and the graphics, logos, designs, page headers, button icons, scripts, trade names, service names and domain names that appear on the Sites are trademarks, service marks or trade dress of Tamarac or are by licensed by Tamarac. In order to protect our brand, our trademarks, service marks and trade dress may not be used or linked to without our explicit written permission. The only time you can use our trademarks, service marks or trade dress without advance written permission is if there is clear and express language in these Terms of Use, stating that you can use that trademark without first obtaining explicit written permission. In such case, you must abide by the terms relating to the authorized use.
By making the Sites available to you, we are not providing you with any implied or express licenses or rights, and you will have no rights to make any use of the Sites or the products and services available through the Sites, except as provided in these Terms of Use and a written agreement between Tamarac and you.
Notice to Copyright Holders
We are committed to upholding the rights of copyright holders. If you are a copyright holder, or an agent of a copyright holder, and you believe that any posting, submission or other content infringes upon your copyright, please submit a notification to us. You may do so pursuant to the Digital Millennium Copyright Act by providing the following information to our copyright agent:
A physical or electronic signature of a copyright owner or an authorized agent of anyone who holds proprietary rights to the material that has been infringed.
Specific identification of the material claimed to have been infringed.
Specific identification of the material that is claimed to be infringing.
A statement that you believe the use of material, in the way that you have deemed unlawful, is not authorized by the copyright owner or its agent.
A statement that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right, under penalty of perjury.
Contact information, such as a street address, telephone number and an email address, so that we can contact you.
Such information must be sent to our copyright agent by email at info@tamaracinc.com.
Privacy
As a condition to using the Sites, you agree to the terms of our Privacy Policy, which is incorporated into these Terms of Use by this reference. The Privacy Policy may be updated from time to time. You agree that we may access or disclose your personal information, including the content of your communications, if we are required to do so in order to comply with any legal process or governmental request, or as otherwise provided in the Privacy Policy or these Terms of Use. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SITES, YOU DO SO AT YOUR OWN RISK.
Indemnification
You agree to indemnify and hold harmless Tamarac and its affiliates and their respective owners, officers, directors, employees, agents, contractors, advertisers and partners from any claim or demand, including without limitation reasonable attorney fees, that may be asserted or filed by any third party, arising out of or relating to your use of the Sites or any product or service available through the Sites, your submission or provision of content to the Sites, your violation of these Terms of Use or any other violation by you of the rights of another person or party.
DISCLAIMER OF WARRANTIES
EXCEPT AS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN TAMARAC AND YOU, YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAMARAC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TAMARAC DOES NOT WARRANT THAT (i) THE SITES OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SITES WILL MEET YOUR REQUIREMENTS; (ii) THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, RELIABLE, ERROR-FREE, VIRUS-FREE OR OF ANY QUALITY; (iii) THE QUALITY OF ANY PRODUCT, SERVICE, DATA OR OTHER INFORMATION PURCHASED, ACCESSED OR OBTAINED BY YOU THROUGH A SITE WILL MEET YOUR EXPECTIONS; OR (iv) ANY ERRORS IN THE SITES OR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITES WILL BE CORRECTED.
IF YOU DOWNLOAD OR OBTAIN ANY CONTENT THROUGH A SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH A SITE.
NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM TAMARAC OR THROUGH OR FROM A SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN TAMARAC AND YOU, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TAMARAC WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TAMARAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (a) THE USE OR INABILITY TO USE A SITE OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH A SITE; (b) THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION, PRODUCT OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM A SITE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, DATA OR TRANSMISSIONS; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON A SITE OR USING ANY PRODUCT OR SERVICE AVAILABLE THROUGH A SITE; OR (e) ANY OTHER MATTER RELATING TO A SITE OR THE PRODUCTS AND SERVICES AVAILABLE THROUGH A SITE.
Liquidated Damages
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for us to pursue legal action to enforce these Terms of Use, you will be liable to pay to us the following amounts as liquidated damages, which you accept as reasonable estimates of our damages for the specified breaches of these Terms of Use:
If you post any content to a Site that (i) impersonates any person or entity, (ii) falsely states or otherwise misrepresents your affiliation with a person or entity or (iii) includes personal or identifying information about another person without that person's explicit consent, you agree to pay us $1,000 for each such posting.
If we establish limits on the frequency with which you may access a Site or use the products or services made available through a Site, or if we terminate your access to or use of a Site, you agree to pay us $100 for each instance in which you exceed such limits or for each day on which you access such Site in excess of such limits, whichever is higher.
If you send unsolicited email advertisements to our email addresses or through our computer systems, you agree to pay us $25 for each such email.
If you post any content to a Site in violation of these Terms of Use, you agree to pay us $100 for each such posting. In our sole discretion, we may elect to issue a warning before assessing damages.
If you aggregate, display, copy, duplicate, reproduce or otherwise exploit for any purpose any content from a Site (except for your own content) in violation of these Terms of Use without our express written permission, you agree to pay us $3,000 for each day
on which you engage in such conduct.
Otherwise, you agree to pay our actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Use, we retain the right to seek the remedy of specific performance of any term contained in these Terms of Use or a preliminary or permanent injunction against the breach of any such term or in aid of the
exercise of any power granted in these Terms of Use.
Choice of Law; Jurisdiction; Forum
These Terms of Use will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to its conflict of laws provisions. You agree that any claim, legal proceeding or litigation arising in connection with your use of a Site or any products or services obtained through a Site will be brought solely in King County, Washington, and you consent to the jurisdiction of the federal and state courts in King County, Washington.
Miscellaneous Provisions
You may not assign your rights or delegate your obligations under these Terms of Use without our prior written consent. Unless expressly provided in these Terms of Use, these Terms of Use are not intended to benefit, nor shall they be deemed to give rise to, any rights in any third party. The waiver by us of a breach of any provision of these Terms of Use will not be taken or held to be a waiver of the provision itself. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms of Use will remain in full force and effect. You agree that we may provide you with notices, including notices regarding changes to these Terms of Use, by email, regular mail or postings on the Sites. Any communication or notice that you provide to us will be provided by email at info@tamaracinc.com.
Entire Agreement
These Terms of Use (together with the terms of our Privacy Policy, which are understood to be incorporated into these Terms of Use) constitute the entire agreement between you and Tamarac and govern your use of the Site, superseding any prior agreements between you and Tamarac. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other products or services, third-party content or third-party software. In the event of any inconsistency between these Terms of Use and the terms and conditions relating to any specific product or service available through a Site, the terms and conditions relating to the specific product or service will control.
