PLEASE READ THIS USER AGREEMENT (THIS “AGREEMENT”) CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU ARE AGREEING TO ARBITRATE DISPUTES AGAINST EAGLE IN YOUR INDIVIDUAL CAPACITY, AND YOU ARE WAIVING YOUR RIGHT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
By visiting this Site, this Agreement becomes a binding agreement between Eagle Trading Systems Inc. (“Eagle”) and you, governing your use of the www.eaglets.com Site (the “Site”) and any elements thereof or related thereto, and all content, information and other materials made available to you through the Site by Eagle and/or any third parties. The term “Eagle” used on the Site refers to the activities of Eagle Trading Systems Inc. and its affiliated entities. Eagle Investment Solutions is an alternate name for Eagle Trading Systems Inc.
WHEN YOU VISIT THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND EAGLE’S PRIVACY POLICY (THE “PRIVACY POLICY”), AND YOU ACKNOWLEDGE, UNDERSTAND AND ACCEPT EAGLE’S INVESTMENT RESEARCH AND OTHER INFORMATION DISCLOSURES (THE “DISCLOSURES”). BY CONTINUING TO USE THE SITE, YOU ACCEPT AND AGREE THAT THIS AGREEMENT, THE PRIVACY POLICY AND THE DISCLOSURES GOVERN YOUR USE OF THE SITE.
EAGLE MAY MAKE CHANGES OR IMPROVEMENTS TO THE SITE AND/OR TO THIS AGREEMENT AT ANY TIME. ANY MODIFICATIONS MADE WILL BE EFFECTIVE IMMEDIATELY UPON THE POSTING OF THE MODIFIED AGREEMENT ON THE SITE. BY CONTINUING TO USE THE SITE AFTER ANY CHANGES OR IMPROVEMENTS ARE MADE, YOU ARE ACCEPTING AND AGREEING TO THE CHANGES. YOU AGREE TO REVIEW THE POSTED AGREEMENT EACH TIME YOU ACCESS OR USE THE SITE SO THAT YOU ARE AWARE OF ANY MODIFICATIONS MADE TO THIS AGREEMENT.
The Disclosures provide important disclosures and information about the investment performance and investment research information made available through the Site. By using the Site, you (a) are agreeing to Eagle’s collection and use of such information consistent with the Privacy Policy, and to be bound by the terms of the Privacy Policy and this Agreement; and (b) acknowledge, understand and accept the Disclosures.
The Eagle name and logo, and other marks displayed on or through the Site are the proprietary service marks or trademarks of Eagle or third parties. Eagle’s trademarks may not be used in connection with any product or service that is not Eagle’s without Eagle’s express prior written consent. All other trademarks not owned by Eagle that appear as part of the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by, Eagle.
All content on and comprising the Site, including, but not limited to, works of authorship, documents, designs, text, graphics, photos, logos, button icons, images, software, programs, code, digital downloads, and data compilations; any improvements or modifications to such content; any derivative works of any of the foregoing are the property of Eagle or its respective licensors, and are protected by all applicable intellectual property laws.
You may not use, reproduce, perform, display, publish, adapt, modify, broadcast, transmit, distribute, exhibit, disseminate, license or sell any of the trademarks, service marks, names, logos, content, data, data compilations/analyses, illustrations, graphics, images, photos, documents, works of authorship, or other information, services or materials appearing or available on or through the Site (collectively, “Site Content”), or any other proprietary interests of Eagle, in whole or in part, except as expressly permitted by this Agreement. Nothing in this Agreement shall grant to you or to any other user any license or right in or to any copyright, trademark, trade secret, patent or other proprietary right of Eagle or any other person.
You may use the Site Content, solely in the form and format provided by the Site (and without alteration or removal of any indicia, notices, content, disclaimers or other terms included in the Site Content as provided), subject to the terms of the license below.
This Agreement will remain in effect as long as there is an access to the Site. Eagle reserves the right, in its sole discretion, to discontinue or modify the Site.
Eagle further reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Site, including, but not limited to: unauthorized access to the Site through a third-party application, robot, spider, automated device, or data mining or extraction tool or other unauthorized means; interference with the Site; any other action that imposes an unreasonable load on the Site; any link to any page of the Site other than the home page; or any unauthorized distribution of Site Content. Eagle’s decision not to pursue legal action for any violation of this Agreement shall not be construed as a waiver or modification of this Agreement, the Privacy Policy, or of Eagle’s legal rights and remedies, all of which are expressly reserved.
If you reach the Site using a link or from another web site or search engine, or go to another site from the Site, information about your visit to the Site may be collected by the other website or search engine, and will be subject to the privacy policy of that site. You are encouraged to review the privacy policy of each of those sites or search engines.
IN NO EVENT WILL EAGLE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY THIRD PARTY SITE, OR ANY LINK CONTAINED IN A THIRD PARTY SITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR ANY SITE CONTENT IS AT YOUR OWN RISK AND THAT THE SITE AND ALL SUCH INFORMATION IS PROVIDED BY EAGLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EAGLE MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE AND THE AVAILABILITY, OPERATION, AND USE OF THE SITE AND THE SITE CONTENT, AS APPLICABLE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
IN ADDITION, EAGLE DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY SITE CONTENT IS ACCURATE, COMPLETE, OR CURRENT, AND EAGLE IS NOT RESPONSIBLE FOR ANY ERRORS, INACCURACIES, DEFECTS, UNTIMELINESS, SECURITY BREACHES OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE OR SITE CONTENT. EAGLE UNDERTAKES NO OBLIGATION TO UPDATE ANY INFORMATION OR SITE CONTENT CONTAINED ON THE SITE. FURTHER, EAGLE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR SITE CONTENT WILL BE AVAILABLE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, DEFECTS OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL EAGLE OR ITS CURRENT AND FUTURE PARENTS, SUBSIDIARIES AND AFFILIATES OR THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES (COLLECTIVELY, THE “EAGLE PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE, OR IMPROPER USE OF, THE SITE OR ANY SITE CONTENT AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR REVENUE, OR FOR BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, EAGLE SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE, OR IMPROPER USE OF, THE SITE OR ANY SITE CONTENT AVAILABLE THEREON, YOU AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED $100. YOU AND EAGLE AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND EAGLE. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, EAGLE WOULD NOT PROVIDE THE SITE TO YOU.
CERTAIN LAWS MAY NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH CASES, EAGLE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify and hold the Eagle Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs, and expenses (including, without limitation, reasonable attorneys’ fees, disbursements, and court costs, including any incurred in enforcement of this indemnity) arising from, incurred as a result of, in connection with, or in any manner related to (i) use of the Site or any Site Content contained, displayed, or available therein by you; (ii) your violation or breach of this Agreement; and/or (iii) your violation of any third party’s rights.
If you believe that any Site Content or other materials available on the Site violates your or a third party’s copyright, you may submit a notification by following the procedure outlined in the Digital Millennium Copyright Act, which requires that you notify Eagle’s designated copyright agent by email at [email protected], or by mail at Katten Muchin Rosenman LLP, 575 Madison Avenue, New York, New York 10028 Attn: Wendy Cohen, Esq., with the following information:
a. Your electronic or physical signature;
b. Sufficient information to identify the copyrighted work that you claim has been infringed;
c. A description of the infringing content and the location on the Site of such infringing content;
d. Your name, address, telephone number and/or email address so that we may contact you
e. The following statement: “I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright or trademark owner, its agent or the law”; and
f. The following statement: “I swear, under penalty of perjury, that the above information in this notification is accurate and that I am, or am authorized to act on behalf of, the owner of the exclusive right that is allegedly infringed.”
Please note that under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
WITHOUT LIMITATION TO ANY OTHER PROVISION IN THIS AGREEMENT, EAGLE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE OR DELAY IN THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT IF THE DELAY OR FAILURE ARISES OUT OF OR RESULTS FROM ANY CAUSE BEYOND EAGLE’S REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, EARTHQUAKE, FIRE, FLOOD, STORMS, WAR, LABOR DISPUTES, INTERRUPTIONS, LOSS OR MALFUNCTIONS OF UTILITIES, COMPUTER OR COMMUNICATIONS SERVICES, ACCIDENTS, ACTS OF CIVIL OR MILITARY AUTHORITY OR GOVERNMENTAL ACTIONS, ACTS OF TERRORISM OR ANY OTHER ACT OF CIVIL OR MILITARY AUTHORITY OR GOVERNMENTAL ACTION.
This Agreement and your access to and use of the Site is governed by the laws in effect in the State of New Jersey, without giving effect to its conflicts of law provisions. By using the Site, you waive any claims that may arise under the laws of other countries or territories.
With respect to any and all disputes arising out of or in connection with the Site, this Agreement, or the Privacy Policy, you and Eagle agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and Eagle do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by confidential binding arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association in Mercer County, New Jersey.
THE ARBITRATION OF DISPUTES PURSUANT TO THESE TERMS SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE AND/OR THIS AGREEMENT, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that Eagle may seek any interim or preliminary relief from a court of competent jurisdiction in Mercer County, New Jersey, necessary to protect its rights or property pending the completion of arbitration.
To the extent permitted by law, any claim or dispute arising out of or in connection with the Site, this Agreement, or the Privacy Policy, must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute isn’t filed within one year, it’s permanently barred.
You agree that, where Eagle may be required to provide you with notice under this Agreement, acceptable and sufficient forms of notice include, but are not necessarily limited to, the following:
(1) e-mail to the most recent e-mail address that you have provided to Eagle, regardless of the current status of that e-mail address; or
(2) written communication delivered by first class U.S. mail to the most recent physical address that you have provided to Eagle, regardless of the current status of that address; or
(3) posting of general notice on the Site; or
(4) such other method of communication as you specifically request in writing that Eagle use.
Eagle shall have sole discretion to select which of the above methods of notice that it shall use, and shall not be required to use more than one of these methods to provide notice. You accept sole responsibility for providing us with notice of changes to your physical address and/or your e-mail address.
Except as otherwise set forth above, you may give notice to Eagle at any time via electronic mail to [email protected] or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:
Eagle Trading Systems Inc.
Attn: General Counsel
821 Alexander Rd. Suite 204
Princeton, NJ 08540
The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
You may not assign or otherwise transfer this Agreement or any rights or obligations hereunder. Eagle’s failure to act on any breach of any provision hereof shall not be construed as a modification or waiver of the enforcement of any provision unless Eagle agrees to such waiver in writing. If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.
This Agreement, together with Eagle’s Privacy Policy and the Disclosures, set forth the entire understanding between you and Eagle with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, oral or written, between you and Eagle with respect to such subject matter.
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