(Effective October 2, 2009)
Craig T. Bouchard, Bouchard 10S LLC and/or their respective affiliates (together, the “Authors” or “operators of this Site”) operate http://www.esmarkquantitative.com/ (this “Site”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”).
Restriction on Use of Content, Not a Financial Advisor
The content of this Site is for informational purposes only and does not constitute advice. This Site contains statements, statistics and other information that may appear factual. Such statements, statistics and other information have been obtained from sources (the “Sources”) believed to be reliable, but the Authors do not guarantee the accuracy, completeness, timeliness, reliability, correct sequencing, suitability or availability of such information.
None of the Authors is a financial advisor, investment advisor, broker, dealer, or other investment professional required to register with the U.S. Securities and Exchange Commission, Financial Industry Regulatory Authority or other federal or state government agency.
The decision to invest in a particular security is one of individual choice. The Authors strongly encourage you to seek individual investment advice before investing in any security mentioned or alluded to on this Site. Investing in securities means you will be subject to market volatility. Carefully consider the security’s objectives, risk factors, charges and expenses before investing. Past performance of a security is not indicative of future performance.
Disclaimer of Site Content
Neither the Authors nor the Sources guarantee the accuracy, completeness, timeliness, reliability, correct sequencing, suitability or availability with respect to this Site or the information, products, services, or related graphics contained on this Site for any purpose. There may be delays (including at least a 15 minute delay for all quotes from securities exchanges), omissions, or inaccuracies in the information provided.
NEITHER THE AUTHORS NOR THE SOURCES SHALL HAVE ANY LIABILITY, (CONTINGENT OR OTHERWISE) ARISING AS A RESULT OF YOUR USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON ANY INFORMATION IN THIS SITE OR ANY INTERRUPTION OF DATA OR INFORMATION IN THIS SITE.
Neither the Authors nor the Sources represent that information downloaded by you is virus or error free. In addition, this Site may contain hyperlinks to websites operated by other parties. We do not control the content or information on such websites and do not endorse the material placed on such sites. The hyperlinks are for your reference only; when you leave this Site, you do so at your own risk.
Not an Offer
The information presented in this Site is provided for informational purposes only and is not an offer to sell or a solicitation of an offer to buy securities or other financial instruments. This Site should not be construed to advise or recommend securities or other financial instruments to a particular person.
Copyright and Trademark Notice
Unless otherwise noted, the information contained on this Site, including the content of any blog(s) or other portions having text, images, and other content submitted by third parties, is copyrighted and property of Craig T. Bouchard, including without limitation any indices. The content of this Site is provided for your personal, noncommercial use only, and none of the information contained on this Site may be copied, reproduced, stored, republished, posted, transmitted or distributed in any form or by any means without the prior written permission of Craig T. Bouchard. In addition, a written license agreement must be executed by Craig T. Bouchard prior to any party being granted a non-exclusive right to use any of the indices appearing on this site. To request prior written permission, please email craig.bouchard@esmarkquantitative.com
Restriction on Links and Framing
Links to this site should not be established without the prior approval of this Site’s operator. To request approval, please email craig.bouchard@esmarkquantitative.com.
User Content
This Site may contain one or more blogs or other portions that may permit you or other users or members of the public to submit text, images, or other content for potential inclusion in the Site (“User Content”). You shall be solely responsible for your own User Content submissions. In connection with each of your submissions of User Content, you represent, and warrant that you own or have obtained the rights or permissions necessary for the submission to be included on the Site; and that use of such User Content submitted by you, in any manner permitted by this Terms of Use, does not infringe the rights of any other party, including copyright, trademark patent, trade secret, privacy or publicity rights. You agree that you will not submit User Content, including your selection of any username and associated avatar image, that includes falsehoods or misrepresentations that could damage Authors or any third party, or that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourages conduct that is a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate. The operators of this Site reserve the right, without prior notice, to remove or not to publish any User Content, or any portion thereof, and to prohibit the use of any username or associated avatar image that, in Authors’ sole discretion, is not appropriate for the Site. Effective immediately upon any submission by you of any User Content, you hereby irrevocably assign to Craig T. Bouchard all of your worldwide right, title and interest in and to such User Content, including the right to redistribute such User Content in any form and including the right to create derivative works thereof.
User Privacy
The operators of this Site may collect and maintain certain non-public personal information. To learn how we use non-public personal information, please carefully review our Privacy Policy. You agree that you have no expectation of privacy in any User Content submitted to the Site by you, regardless of whether you have included any of your personal information that you may include in any such User Content.
Entire Agreement/No Waiver
These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by the operators of this Site of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Correction of Errors and Inaccuracies
This Site may contain typographical errors or other errors or inaccuracies and may not be complete or current. The operators Authors therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update the content of this Site at any time without prior notice. The Authors do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
Enforcement/ Choice of Law/ Choice of Forum
If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Use, our Privacy Policy, your use of the Site, or the content of this Site are governed by, and will be interpreted in accordance with, the laws of the State of Illinois, without regard to any conflict of law provisions. Any action brought to enforce these Terms of Use, shall be brought in courts having situs in the City of Chicago, Illinois.
