ABSEM Limited Terms & Conditions

TERMS OF USE

PLEASE READ THE FOLLOWING TERMS OF USE FOR ABSEM LIMITED, AND ALL OF ITS SUBSIDIARIES AND AFFILIATES, (COLLECTIVELY REFERRED TO AS “ABSEM”), CAREFULLY BEFORE CONTINUING

BY USING THIS WEBSITE YOU ACKNOWLEDGE YOUR ACCEPTANCE OF OUR TERMS OF USE. ABSEM SUGGESTS THAT YOU REVIEW THE MOST CURRENT VERSION OF THE TERMS OF USE EACH TIME YOU VISIT ANY OF OUR WEBSITES.

AFFILIATED ENTITIES & WEBSITES

ABSEM Limited is the parent company for a number subsidiaries and affiliates. These Terms of Use apply to ABSEM Limited, together with all subsidiary and affiliated entities and websites owned by ABSEM Limited, collectively referred to as “ABSEM”. By signing up for any one of ABSEM’s websites, you expressly allow ABSEM to share your information with its affiliates, and you consent to receive information from any/all of ABSEM’s affiliated Websites.

Throughout these Terms of Use, “site” and “website” apply to all ABSEM websites.

MODIFICATION AND MONITORING OF THIS WEBSITE

ABSEM reserves the right to change, modify, add, or remove portions of these Terms of Use at any time without notice. The Terms of Use can be accessed via hyperlink on our website pages. ABSEM expressly reserves the right to monitor any and all use of these websites.

ACCEPTANCE OF TERMS

These Terms of Use are effective as of April 1, 2011. Your continued use of the Site after such time will signify your acceptance of these Terms of Use, Privacy Policy, Automatic Subscription Renewal Program fees, and to all other policies on the Website. ABSEM reserves the right to modify the provisions in these Terms of Use, and in any other ABSEM policy, without prior notice to you. ABSEM encourages all users of the Website to check back often for updates.

RESTRICTIONS ON USE

This website and its content is the copyright of ABSEM. Except as may be expressly agreed upon in writing, you may not modify, redistribute, copy, upload, reproduce, transmit or commercially exploit any materials on this website. You may download website material (i.e. reports and other available documents) for your personal and noncommercial use only. Any use of the site for public or commercial purposes is strictly prohibited.

LIMITATION OF LIABILITY

ABSEM Limited and all of its subsidiaries and affiliates (“ABSEM”) are not liable under any circumstances, including but not limited to negligence for any special or consequential damages that may result from the use of, or the inability to use the materials on this site. ABSEM is not liable for damages or injury, including, but not limited to damages or injury caused by any performance, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether resulting, in whole or in part from breach of contract, negligence, or otherwise. If you live in a jurisdiction that does not allow the limitation or exclusion of liability for incidental or consequential damages the above limitation or exclusion may not apply to you. In no event shall ABSEM’s total liability for incidental or consequential damages, losses, and causes of action, whether in contract, tort (including but not limited to negligence), or otherwise, exceed the amount paid by a client, if any, for accessing any website of ABSEM.

INDEMNIFICATION

As a condition of your use of the website, you agree to indemnify and hold ABSEM Limited, all of its subsidiaries and affiliates, and their respective officers, directors, trustees, employees and agents harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of ABSEM’s websites or from your violation of these Terms of Use.

WARRANTY DISCLAIMER

The site(s) are provided “as is”, “as available” and “with all faults” and ABSEM does not warrant its accuracy, completeness, availability, reliability, or timeliness. ABSEM Limited does not warrant that the site(s) will meet client needs and makes no guarantee that it will regularly or on a timely basis update the site(s). You agree to assume the entire risk as to your use of the site(s) and all research and information provided therein. In addition, and without limiting the foregoing, ABSEM disclaims any and all warranties with respect to any delays or errors in the transmission or delivery of any materials, products or services available through ABSEM’s website(s).

ABSEM SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM ANY ACTIONS OR DECISIONS TAKEN BY YOU BASED ON THE ACCURACY OF THE DATA PRESENTED THROUGH THIS SITE.

NO RECOMMENDATION OR PROFESSIONAL ADVICE

ABSEM’s websites are not intended to provide recommendations or professional advice, and nothing on the sites should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation to utilize the services of ABSEM or any third party. Certain tools available on ABSEM’s websites may be deemed to provide general marketing and/or business information based upon the personalized input of a client. In any event, clients alone are solely responsible, as applicable, for determining whether any product, service, or strategy, is appropriate or suitable for a particular client.

PASSWORD SECURITY

Certain parts of the ABSEM’s website(s) may be protected by passwords or require a login. You are responsible for maintaining the confidentiality of any user names, passwords, security questions and answers. You understand that you are solely responsible for all electronically transmitted requests, or use of any data, research reports, information or services obtained, using client passwords or other security data. You agree that ABSEM shall not be under a duty to inquire as to the authority or propriety of any instructions given to ABSEM using your passwords or other security data and that ABSEM shall be entitled to act upon any such instructions. ABSEM will not be liable for any loss, cost, expense or other liability arising out of any such instructions. It is your responsibility to notify ABSEM immediately of: (i) any unauthorized use of your passwords and other security data; (ii) any discrepancy in your account; (iii) your failure to receive written confirmation of any transaction within five business days. In addition, ABSEM shall not be deemed to have received a request for a transaction unless and until ABSEM has acknowledged to you that ABSEM has received your request.

MEANS OF ACCESS

The ABSEM website(s) are generally intended to be viewed by a conventional web browser. Although you may use other means to access the ABSEM website(s), be aware that the ABSEM website(s) may not appear accurately through other access methods, and you use them only at your own risk. Certain parts of the ABSEM website(s) are protected by passwords or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the ABSEM website(s), or to any other protected materials or information, through any means not intentionally made available by ABSEM for your specific use.

AUTOMATIC SUBSCRIPTION RENEWAL PROGRAM

In certain circumstances, ABSEM may allow Clients to enroll in an Automatic Subscription Renewal Program (“Automatic Subscription Program”), which allows ABSEM will automatically renew Client’s monthly charges through the payment method on file in Client’s Account. If Client’s Account is set up to pay by credit card, bank account, or PayPal, Client hereby authorizes ABSEM to charge such credit card, bank account, or PayPal for the appropriate subscription fees and amounts stated. Automatic renewal occurs on the first day after the expiration date. Client may withdraw from the Automatic Subscription Program by sending a written request to ABSEM and allowing up to fifteen (15) days for the withdrawal to be processed.

Clients enrolled in the Automatic Subscription Program hereby authorize ABSEM to collect certain credit card and/or other entered financial institution information such as bank account numbers or PayPal email ID, and to use that information to bill subscription fees. The use of personal information is governed by ABSEM’s Terms of Use, Privacy Policy, and all other policies posted on the Website.

INFORMATION WE COLLECT ABOUT YOU

In order to alert you to products and services that ABSEM offers or Sponsors, we may share your information within the ABSEM family of affiliated companies. This would include sharing your information within ABSEM, to make you aware of new ABSEM entities, other marketing products, and new service offerings provided through ABSEM subsidiaries and affiliates. ABSEM may collect certain credit card and/or other entered financial institution information such as bank account numbers or PayPal email ID for Clients enrolled in ABSEM’s Automatic Subscription Renewal Program. ABSEM uses such information to bill subscription fees, as agreed to by the Client.

ABSEM will never share personal information that is financial in nature, including information provided in connection with ABSEM’s Automatic Subscription Renewal Program. For more detailed information concerning how we collect information and protect your privacy please consult our Privacy Policy [link to Privacy Policy].

THIRD PARTY CONTENT

ABSEM may make available links from the website to other, third party sites or electronic service providers that are not affiliated with ABSEM or you may have accessed this site from the sites of other unaffiliated third parties or electronic service providers who have links to any pages of this site. ABSEM does not control these other sites or services, and ABSEM makes no representations or endorsements whatsoever concerning those sites or services. The fact that ABSEM has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are risks in using any information, software, service or product found on the Internet, and ABSEM cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold ABSEM liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites. You bear all risk from any use or results of using any information. You are responsible for validating the integrity of any information received over the Internet.

THE TERMS OF USE OF THIRD PARTY SITES APPLY TO THE CONTENT AND INFORMATION FOUND ON THOSE SITES.

YOUR ROLE AND COUNTRY

Because this website may be accessed internationally, you agree to comply with all local laws, rules and regulations with respect to your use of this website including without limitation, all laws, rules and regulations in effect in the country in which you reside and the country from which you access the website. The information provided on this website is not intended for access or use by any person or entity in any jurisdiction or country where such access or use would be contrary to law or regulation or which would subject ABSEM to any registration requirement within such jurisdiction or country. This website and the content therein is for informational purposes only and should not be considered a solicitation, advice, offer or a recommendation for any fund, security, or service in any jurisdiction where such offer, solicitation or recommendation would be unlawful or unauthorized. You agree to comply with all local rules with respect to your online conduct, including all laws, rules, codes, and regulations of the country in which you reside and the country from which you access this website, including without limitation, all laws, rules, codes, regulations, decrees, acts, orders, directives, legislation, bills, and statutes pertaining to tax, contracts, intellectual property, securities, e-commerce, banking, technology, computers, fraud, and privacy.

TIMELINESS OF CONTENT

All content on the site is presented only as of the date published or indicated and may be superseded by subsequent market events or other circumstances; ABSEM disclaims any responsibility to update the content.

TRADEMARKS, COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY

The content contained on this website is owned or licensed by ABSEM and its third-party information providers and is protected by applicable copyrights, trademarks, service marks, and/or other intellectual property rights. Such content is solely for your personal, non-commercial use. Accordingly, you may not copy, distribute, modify, post, frame or deep link this website, including any text, graphics, video, audio, software code, user interface design or logos. You may download material displayed on this website for your personal use provided you also retain all copyright and other proprietary notices contained in the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this website for public or commercial purposes, including all text, images, audio, and video, without our written permission. Modification or use of the materials for any other purpose violates the intellectual property rights of ABSEM.

All content on ABSEM’s Website(s) is the sole property of ABSEM, and may be distributed without restriction. Any content submitted to one ABSEM Website may be distributed and posted on all ABSEM Websites, and may be distributed through all of ABSEM’s third-party channels, at ABSEM’s sole discretion.

TERMINATION

ABSEM may terminate your access to the site for any reason or no reason without prior notice.

JURISDICTION AND GOVERNING LAW

The information provided on this website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject ABSEM to any registration requirement within such jurisdiction or country. This website and each product and/or service referred to on this website is intended for UK residents only. This website will not be considered a solicitation for or offering of any product or service to any person in any jurisdiction where such solicitation or offering would be illegal. If you choose to access this website from any location outside the UK, you do so at your own initiative and risk, and are responsible for compliance with all applicable law.

The laws of the UK govern these Terms without regard to conflict of law provisions. If you take legal action relating to these Terms, you agree to file such action only in the UK, and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any action with ABSEM.

DISCLAIMER

In no event, shall any ABSEM website, the information contained on any ABSEM website, or any other documents available on any ABSEM website, constitute or be considered as specific marketing advice or recommendation. In no event will ABSEM be liable for any damages, including, without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with any ABSEM website or use thereof or the inability by any party to use such website, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if ABSEM, or representatives thereof, are advised of the possibility of such damages, losses or expenses.