Terms of Service
Last Updated March 27, 2019
This Website (the “Website” or “Site”), which includes all content and pages that are owned and operated by ASSET TV, INC. ("us", "we", "our" or "Asset TV"), is not open to the general public. This Website is for use by regulated investment professionals only. All use of this Website is subject to these Terms and Conditions of Use (this “Agreement”).
By clicking the “I AGREE” icon below you are manifesting your assent and agree to be bound by the terms of this Agreement. In return, you will be permitted register with us.
Only users who have both registered with us (“Registered Users”) and who have also confirmed that they are regulated investment professionals may access this Website.
Unless otherwise stated, these Terms and Conditions of Use apply to all users, including registered and non-registered users. We may, at our sole discretion, decline to register anyone as a Registered User without providing any reason.
This Website is intended to provide information and services to investment professionals. This Agreement binds you and other visitors to a code of conduct intended to achieve this purpose. While we will do our best to enforce the terms of this Agreement, as set forth below in Sections 12 and 13, we cannot warrant or represent that other visitors will in fact adhere to this Agreement and cannot act as insurers or accept any liability for their failure to do so.
By signifying your assent, you agree to be contractually bound to the terms of this Agreement. You further agree that your assent, given electronically, shall have the same legal effect as if it had been personally signed by you. To the extent permitted by law, this Agreement is intended to supersede any provisions of applicable law which might otherwise limit its enforceability or effect because it was entered into electronically.
By entering into this Agreement, you will be granted a revocable license to access this Website without charge. Your access privileges, however, are conditioned upon your adherence to the terms of this Agreement. We reserve the right to temporarily deny you access to this Website or permanently terminate your access privileges at any time and at our sole discretion.
By agreeing to grant you access, we do not obligate ourselves to do so or to maintain this Website, or to maintain it in its present form, and we expressly reserve the right to modify, suspend or terminate your access privileges. You agree and understand that we may, in our sole discretion and without any prior notice, close this website or deny you access to it and delete any files which you may maintain at this Website and any information which you may choose to post here. You should keep a copy of any material which you post to this Website because we will not undertake to retain copies of any material which may be delete from this Website.
4. Descriptions of Products and Services
At its sole discretion, Asset TV reserves the right to modify, update, or discontinue at any time without notice, any of its products, services, and/or specifications for products and/or services described on this Website, including the availability of such products and services. Products or services described on this Website may not be available in all geographic areas.
5. Advice and Recommendations
No part of this website nor any of the material or content on this website (the “Content”) constitutes any advice or recommendation whatsoever in relation to any security, investment, potential investment or decision. No decision of any kind should be made on the basis of the Content found here.
6. Privileges Nontransferable
You may not transfer your access privileges to any third parties. You further agree not to disclose to anyone your confidential password.
7. Intellectual Property
All copyrights and other rights (including, without limitation, intellectual property rights) in and to the Website and the material (the "Content") on the Website are owned by us or by others. You may not use, copy, adapt, modify, sell, license, distribute, transmit, display, publish or create works derived from the Website or the Content or any part thereof).
By posting material at this Website you agree, represent and warrant that you own the rights to such material or that you have obtained the signed, written permission of the owners of all rights in such material. You shall retain ownership of the copyrights in any original material that you post at this Website (to the extent such material may be entitled to copyright protection).
"Asset TV" is our trademark. All such trademarks, logos, website addresses, product or model names, or derivations that describe Asset TV or Asset TV products, support, services, or content that contain the words "Asset TV" that are included in Website Content are trademarks and/or the property of Asset TV. Any list of Asset TV or other trademarks on this Website is periodically updated but shall not be taken as an all-inclusive list of Asset TV trademarks.
All other product or service names are trademarks, registered trademarks or service marks of their respective owners. All logos and references to organizations are used with the permission of the owners, and must not be reproduced without the express permission of the respective owners except where allowed under these terms and conditions.
Any software downloaded from or through this Website (including but not limited to Macromedia Flash player and Microsoft media player), shall be subject to the applicable license agreement between the appropriate licensor and the User for such software.
8. Digital Millennium Copyright Act (DMCA)
Policy Users may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use.”
Without limiting the foregoing, if an individual believes that his work has been copied and posted on the Website or in connection with any Content, product, or service offered by Asset TV in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that is alleged to have been infringed; a description of where the allegedly infringing material is located on the website including the URLs of web pages and/or hyperlinks; your address, telephone number, and email address;
- A written statement that the complainant has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by the complainant, made under penalty of perjury, that the above information in your notice is accurate and that the complainant is the copyright owner or authorized to act on the copyright owner's behalf.
Asset TV’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Asset TV, Inc.
570 Lexington Ave,
New York, NY 10022
Users agree that we have the right (but not the obligation) to investigate any complaint received and, at any time and for any reason, to remove any material which you post to this website, with or without your permission, and with or without cause, in our sole discretion. By reserving this right, we do not undertake any responsibility in fact to remove content posted online, whether or not a complaint has been received.
This Website may have links to Websites operated by third parties. Asset TV provides third party links as a convenience, and users accessing any Internet website linked to this Website do so at their own risk.
Because linked Websites are not under Asset TV's control, Asset TV is not liable for the accuracy or reliability of any information, data, opinions, advice, security protocols, statements, or other products, information, or services made on third party Websites. Such links do not constitute or imply Asset TV's endorsement, sponsorship, or approval for any content on third party websites or locations and Asset TV disclaims all liability with regard to a user's access to such linked websites.
This Website contains advertising and sponsored third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Websites complies with international and national law.
Protecting the privacy and personal data of the visitors to our Website is of the utmost importance to us.
A cookie is a piece of text that a website transfers to a directory on your computer's hard disk, so that the website can remember who you are. This text file is known as a “cookie.”
A cookie will typically contain the name of the website from which the cookie has come, the "lifetime" of the cookie, and a value, usually a randomly generated unique number.
Allowing a website to create a cookie does not give that or any other website access to the rest of your computer and only the Website that created the cookie can read it.
Two types of cookies are used on our websites:
- Session cookies – These are temporary cookies that remain in the cookie file of your browser until you leave the Website. We use these cookies to allow you to carry information across pages of our Website and avoid having to re-enter information within registration to allow you to access stored information;
- Persistent cookies – These remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie). Cookies can help a website to arrange content to match your preferred choices. We use these cookies to help us recognize you as a unique visitor (just a number) when you return to our website and to allow us to tailor content to match your preferred interests.
Our cookies cannot be used by themselves to identify you.
Find out more about cookies at http://www.allaboutcookies.org/cookies/
This privacy statement only covers the Asset TV websites at http://www.assettv.com. It does not cover links within this Website to other websites.
Asset TV may send electronic mail to you for the purpose of informing you of changes or additions to Asset TV, or of any Asset TV related products and services. You may opt out of this notification service by replying to the electronic mail that was sent with the word "unsubscribe" (without the quotes) in the subject line or by clicking on the “unsubscribe” link in the email.
C. Email Alerts and e-Newsletter
Every registrant will automatically qualify to receive email alerts highlighting new content on the channel and other related services. All of these email lists provide opt out facilities online. Every registrant will also receive, via Email, Asset TV’s e-Newsletter. Registrants may opt out of receiving Asset TV’s e-Newsletter by emailing [email protected] or by using the “unsubscribe” link contained within the e-Newsletter.
D. Download Information
Parts of the Website provide the opportunity to download transcripts and documents associated with funds. Asset TV is not responsible for any of this content or error, omission or inaccuracy in any of this material.
Asset TV may share the Registration Information of an individual user with some of the companies whose interviews or other content are broadcast on the channel where a user views such interviews or other content or downloads transcripts and documents associated with such interviews or other content.
E. Registration Information
In order to gain entry to Asset TV/online services a user must first complete a registration form or be offered a pre-registration. During registration a user is required to give certain information about themselves, including their name, contact information (such as mailing address and email address), job title and company name (the “Registration Information”). With respect to users that register using their LinkedIn profile, all information contained in such users’ LinkedIn profiles shall also constitute Registration Information.
Asset TV is the owner of the information collected on this Website and will not sell, share, or rent this information to third parties in ways other than those disclosed in this policy. Asset TV collects information from our users at several different points on our Website.
F. Sharing of Information
We will share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person. As provided above, we share the Registration Information of an individual user with some of the companies whose interviews and/or other content are broadcast on the channel and where a user views such interviews or other content or downloads transcripts and documents associated with the interviews or other Content.
G. Log Files
We use IP addresses to analyze trends, administer the Website, track a user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
12. DISCLAIMER OF WARRANTIES
WE OFFER NO WARRANTIES NOR MAKE ANY REPRESENTATIONS ABOUT ANY BENEFITS OR OPPORTUNITIES THAT YOU MAY OBTAIN THROUGH THIS WEBSITE. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THIS WEBSITE IS MADE AVAILABLE TO YOU “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE WEBSITE, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.
IN ADDITION, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THIS WEBSITE WILL BE SECURE, ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, OR ERROR FREE.
TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING.
EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION 12 AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.
13. LIMITATION OF LIABILITY
WE DISCLAIM ALL LIABILITY FOR ANY CONDUCT, ACTS OR OMISSIONS OCCURRING ON OR THROUGH THIS WEBSITE.
USERS AGREE TO INDEMNIFY AND HOLD HARMLESS ASSET TV WITH REGARD TO ANY USER ACTIVITY THAT INVOLVES, INCLUDES, OR IS FACILITATED BY ASSET TV’S PRODUCTS, SERVICES, WEBSITES, DATA, OR ANY OTHER ASSET TV RESOURCES. (See INDEMNIFICATION section below) USERS AGREE THAT THEY ASSUME ALL RISKS OF THEIR ACTIVITY WITH REGARD TO ASSET TV’S PRODUCTS, SERVICES, WEBSITES, DATA, OR ANY OTHER ASSET TV RESOURCES.
IN NO EVENT SHALL ASSET TV, ITS OFFICERS, DIRECTORS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE ACCESS OR USE OF THIS WEBSITE WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ASSET TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If Asset TV is found liable for any loss or damage that arises out of or is in any way connected with use of our websites or services, then Asset TV’s liabilities will in no event exceed, in the aggregate, the lesser of (a) the transaction fees paid to Asset TV for the transaction(s) on this website giving rise to the claim, or (b) One-Hundred Dollars (US $100.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms and conditions is found to have failed of its essential purpose. The limitations of liability provided in these terms and conditions inure to the benefit of Asset TV.
Applicable law may not permit the liability exclusions in this section in all cases. The liability exclusions in this section apply only to the maximum extent permitted by applicable law.
The user agrees to defend and indemnify Asset TV and its affiliates and any of its officers, directors, employees, and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including, but not limited to, reasonable legal and accounting fees brought by third parties as a result of the user’s:
- breach of these terms and conditions or the documents referenced herein;
- violation of any law or the rights of a third party; or
- use of this website.
15. GOVERNING LAW AND DISPUTE RESOLUTION
These terms and conditions are governed by the laws of the State of New York, USA, and by the controlling United States federal law. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
Except with respect to equitable remedies and disputes related to the ownership and protection of intellectual property, the parties agree that any dispute, claim, or controversy arising hereunder or relating in any way to this Agreement shall be settled by binding arbitration in New York County, New York, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) with judgment upon the award rendered by the arbitrator to be entered in a court of competent jurisdiction.
Each party to the arbitration is to pay an equal part of the deposit fixed by the AAA.
Notwithstanding the determination of the arbitrator, (i) all costs associated with the arbitration and imposed by the AAA or the arbitrator shall be borne equally by each party to the arbitration, and (ii) unless the Arbitrator awards payment of reasonable attorney fees to a party, each party to the arbitration shall be responsible for its own attorney fees and other professional fees incurred in connection with the arbitration. Determinations of the arbitrator will be final and binding upon the parties to the arbitration. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, or an application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The arbitrator shall apply the substantive law of the State of New York without giving effect to its conflict of laws rules.
16. USERS’ JURISDICTION
This Website is controlled and operated from offices within the United States of America. We make no representation that materials on this Website are appropriate or available for use outside the United States or that access to the content from all countries and/or territories is legal. The user may not use this Website or export its materials if doing so is in violation of United States export laws and regulations. Any user who accesses this Website from locations outside the United States is responsible for compliance with all applicable laws and regulations.
Asset TV makes no representation that any information, materials, or features/functions included are appropriate for use in any other jurisdiction. This Website is not directed to any person in any jurisdiction where, by reason of that person's nationality, residence, citizenship or otherwise, the publication or availability of the website and its content is contradictory to local laws or regulations. Persons with respect to whom such restrictions or prohibitions apply must not access or use this website. By accessing or using this website, the user does so on their own initiative and is solely responsible for compliance with the applicable local laws and regulations.
17. CHANGES TO WEBSITE AND THESE TERMS
Asset TV and its affiliates may make improvements and/or changes in products, support, services, utilities, prices, and/or other website content, including these terms and conditions, at any time with or without notice.
Asset TV may provide notice of changes to these terms and conditions, or other website content, by displaying notices on this website or other communication means. Users who access this website after changes have been posted on the website or otherwise communicated shall be bound by such changes as soon as such notices or new terms and conditions are posted to the website or otherwise communicated, even if they do not visit the page on which the change or new terms and conditions are displayed. Frequent review of this website and these terms and conditions is therefore recommended.
18. CONTACT INFORMATION
Except as explicitly stated otherwise, any notices may be sent to:
Attn: Neil Jeffery, EVP Head of Americas
570 Lexington Ave, 20th Floor
New York, NY 10022
[email protected] +1 212 661 4111
19. ENTIRE AGREEMENT
These terms and conditions constitute the entire agreement between Asset TV and the user regarding this Website and the use of this Website.
If any provision of these terms and conditions is held to be unenforceable, the unenforceable provision shall be deemed to be replaced by a valid, enforceable provision that most closely matches the intent of the original provision. This shall not affect the validity or enforceability of the remaining provisions.
Without prejudice to the disclaimers and liability limitations in these terms and conditions, no claim or action against Asset TV may be brought by any person in relation to or arising from this Website unless such claim or action is commenced and notified to Asset TV in writing within one (1) year after the date the cause of action first arose.
Asset TV employees and agents are not authorized to vary these terms and conditions. Nothing said by any sales or customer service team members on behalf of Asset TV should be understood as a variation of these terms and conditions or as an authorized, legally binding representation about this website or the nature or quality of products or services displayed or other website content.
Calls to any customer service and support related or referred to in this website may be monitored for training and quality control purposes.
Failure of Asset TV to exercise or enforce any right or provision of these terms and conditions will not result in a waiver of such right or provision.
TO GAIN ACCESS TO THIS WEBSITE, COMPLETE REGISTRATION TO MANIFEST YOUR ASSENT TO THE TERMS OF THIS AGREEMENT. BY SIGNIFYING YOUR ASSENT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT TO THE SAME EXTENT AS IF YOU HAD PERSONALLY SIGNED THE AGREEMENT.