These Website Terms & Conditions (“Terms”) only apply to the use of certain websites which are owned and/or operated by or on behalf of Arbor Research & Trading, LLC (“Arbor”) (each, the “Site”, and collectively, the “Sites”), or available through our authorized third parties, or by any of the other means described herein. Arbor values your interest in its products or services and appreciates your visit to its Sites.
For the avoidance of doubt, these Terms apply to at least the following Sites:
When we refer to “Arbor,” “we,” “us,” or “our,” we mean Arbor Research & Trading, LLC and/or the specific division, subsidiary, or affiliate that operates the Site, provides its content or processes information received through it, each as appropriate and applicable.
When we refer to “you” or “your,” we mean the person accessing the Site. If the person accessing the Site acts on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.
Arbor makes this Site available subject to the following terms and conditions and all applicable laws. By accessing, browsing or otherwise using (collectively, “use” or “using”) this Site, you acknowledge that you, the individual user of this Site, have read, understood and agree to be legally bound by these Terms, and to comply with all applicable laws and regulations, without limitation or qualification. By using this Site, you further acknowledge that you have the authority and do hereby legally bind the business entity, if any, to which you serve as an agent, independent contractor or employee thereof to the same Terms, without limitation or qualification. These Terms shall take effect immediately on your first use of the Site. If you do not agree to the Terms, you are not authorized to access, browse or otherwise use this Site.
Arbor at its sole discretion, reserves the right to alter or change these Terms at any time. Any modifications will become effective when posted on this Site. By using this Site after any changes in these Terms, you agree to be legally bound by the Terms as amended. Therefore, you should frequently revisit this page to determine the present terms and conditions to which you are legally bound.
Arbor may terminate your right to use the Sites without cause at any time and effective immediately. In addition, Arbor may terminate your right to use this Site or any of its Sites immediately and without notice for violation of any part of these Terms. In the event of any such termination, the restrictions on your use of the material on this Site shall survive such termination, and you agree to be bound by those terms. Any paid subscription access terms will be prorated and refunded for termination without cause.
Intellectual Property and Restrictions on Use of Information and Content
All information and content provided on this Site, whether explicitly marked or not, are the property of Arbor, its subsidiaries, affiliated companies or joint partners, or others, and are subject to U.S. and international copyright and unfair competition laws. The information and content provided includes, but is not limited to, the text, graphics, image, video, audio, animation, software, their related files and their arrangement on the Site.
All trademarks, servicemarks, logos, model and brand names, emblems and protectable trade dress elements (collectively, “Marks”), whether explicitly marked or not, used on this Site are owned by Arbor, its subsidiaries, affiliated companies or joint partners, or used under license, and are subject to U.S. (federal and state) and international trademark and unfair competition laws.
You may not copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish, or otherwise use any information, content or Marks provided on this Site in any form or by any means without the express written permission of Arbor.
Nothing contained in this Site shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Arbor or any third party.
Any use of the information, content or Marks provided on this Site that does not comport with the above Terms shall be an unauthorized use and subject you to civil and criminal penalties as provided by U.S. and international intellectual property laws and other applicable laws.
Adoption of Additional Terms
These Terms expressly include any and all additional terms and conditions that are set forth in any of the Sites, including but not limited to any such terms and conditions that are specified in posted agreements and frequently asked questions listings. To the extent any of these Terms are in conflict with any terms and conditions set forth in any of the Sites, the terms and conditions set forth in the Sites shall control with respect to the particular Site to which the terms and conditions are posted.
You use this site and the products and services offered or referenced on this site, including those of third parties, at your own risk. All information and content and all products and services referenced on or offered through this site, including content, products and services provided by third party advertisers and sponsors on this site, is provided “as is” without any express or implied warranty or representation of any kind including, without limitation, any implied warranties of merchantability, fitness for a particular purchase, title or non-infringement.
In no event will Arbor, its subsidiaries, affiliated companies or suppliers be liable to any party for any direct, indirect, special or other consequential damages arising out of or related to your use of this site or any of the products or services offered through this site, or any other hyperlinked site including, without limitation, any lost revenues, lost profits, loss of prospective economic advantage, business interruption, loss of programs or other data on your handling system or otherwise arising out of the use, misuse of or inability to use this site or the information, content documents or software thereof, even if Arbor, its subsidiaries, affiliated companies or suppliers are advised of the possibility of such damages or for any claim by a third party. Your sole and exclusive remedy against Arbor is to discontinue use of this site and any hyperlinked sites and to discontinue the use of products and services offered or referenced on this site and any hyperlinked sites.
Without limiting the above disclaimers, Arbor, its subsidiaries, affiliated companies and joint partners: (1) make no warranties or representations whatsoever concerning this Site or any other Internet Site, the access to, or the availability or use of, this Site or any other Internet website, the information and content from whatever source posted on or referred to in this Site or any other Internet website or the accuracy, completeness or timeliness of such information or content; (2) do not warrant or represent that your access to, or use of, this Site or any other Internet website will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this Site or any other Internet website is, or the information or content from whatever source available for use or downloading are free of computer viruses, worms, Trojan horses or other harmful components; (3) do not represent or warrant that any services or products listed on, or accessed through, this Site will be available for purchase or not withdrawn at any time and makes no representation or warranty of any kind whatsoever concerning such products or services; and (4) do not represent or warrant the accuracy, functionality, specifications or any other aspect of items from whatever source posted or accessed through this Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
This Site may use hyperlinks as a convenience to you so that certain reference material, Arbor-related subjects and other pertinent material is easily accessible. Linked and referenced websites may not be operated, controlled or maintained by Arbor. Hyperlinks and references to other websites, including any Arbor-affiliated entity, do not constitute sponsorship, endorsement or approval by Arbor of the information, content, policies or practices of such linked or referenced websites. Arbor, its subsidiaries, affiliated companies and joint partners do not accept any responsibilities for any information or content, availability, policies, practices or any use of such websites. You access, browse and use such websites at your own risk.
Arbor has no obligation to update any information or content on this Site. Accordingly, Arbor, its subsidiaries, affiliated companies and joint partners assume no responsibility regarding the accuracy of the information or content provided on the Site. Any use of the information or content provided on this Site is done so at your own risk.
No Recommendations or Advice Provided
Arbor provides services to self-directed investors. Arbor does not provide recommendations or investment advice of any kind through the Site. Although information and content relating to investments and financial instruments may be available through the Site, you should not construe such information and content as legal, investment, or financial advice. You alone bear the responsibility of evaluating any information or content available on the Site. In exchange for using such information or content, you hereby agree to release from any claim and to not hold Arbor, its subsidiaries, affiliated companies and Suppliers liable for any possible claim for damages arising from any decision that you may make based on information or content available on the Site.
You warrant to Arbor that you will not attempt to gain unauthorized access to any services offered by Arbor or computer systems or networks connected to any Arbor server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Arbor. When using the Site you agree not to pretend to be someone else or spoof their identity.
You agree to defend, indemnify, save and hold harmless Arbor, its subsidiaries, affiliated companies, joint partners, licensees and their respective directors, members, shareholders, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys’ fees as incurred, arising out of your use of this Site including any violation or alleged violation of these Terms, and any losses or claims arising out of your use of any products or services you may have obtained on one of our Sites.
Arbor controls its Site (excluding linked sites) from its offices in Barrington, Illinois, United States of America. Accessing this Site in locations where the use of such content is illegal is prohibited. By accessing this Site you agree that the statutes and laws of the State of Illinois, notwithstanding any principles of conflicts of law, will apply to all matters relating to use of this Site and that if you use this Site from any other location you are responsible for compliance with applicable local laws. Any claim relating to this Site shall be litigated in the State of Illinois and you hereby consent to the jurisdiction and venue of those courts. If any part of these Terms is deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles herein are for convenience only and have no legal or contractual effect.
By using this Site, you further agree that you will not use this Site or any materials available thereon for any unlawful activity, or use it in any way that would violate any of these Terms.
When applicable, you further agree, as a condition of using this site, to ensure that all of your agents, employees and independent contractors adhere to these Terms.