Terms of Use

This Terms of Use Agreement (this “Agreement”), states the terms and conditions under which you may use the website located at www.placemark.com and all Content and Services available therein (the “Site”). Please read this Agreement carefully. This Site contains various information [n the form of data, text, graphics, news, reports, and other materials relating to Placemark Investments (“Placemark” or “We”) as well as third party content, (collectively, the “Content”). By accessing, browsing and/or using this Site and the services available through the Site (the “Services”) you (also referred to herein as a “End User”) acknowledge that you have read, understood and agree to be legally bound by this Agreement. We reserve the right to amend this Agreement at any time and from time to time. You should check the Terms of Use each time you use the Site to determine if any changes have been made. If you use the Site after the amended Agreement has been posted, you will be deemed to have agreed to the amended Agreement.


Intellectual Property Rights

Intellectual Property Rights in the Site.
You acknowledge that this Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of Placemark or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. However, you may print a single copy of the Content for your own personal use provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.


Trademarks

Placemark TOTAL and Placemark Investments are trademarks of Placemark Investments, Inc. (collectively the “Placemark Trademarks”). Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Placemark. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Placemark Trademarks displayed on this Site, without our prior written permission in each instance. All goodwill generated from the use of Placemark Trademarks will inure to our benefit.


Linking and Framing

We prohibit the use of any links to the Site from any other websites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of this Site with any other website.


Copyright Complaints

If you believe this Site contains Content that infringes your copyright, please provide us with the following information:

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 you claim has been infringed
A description of where the material that you claim is infringing is located on the Site
Your address, telephone number and email address
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

Copyright agent:

Attn:

Phone:

Fax:

Email:


Third Party Content

Links to Other Web Sites.
This Site may periodically provide links to third party websites (“Third-Party Sites”) as well as other websites operated by Placemark (“Other Placemark Sites”). This Agreement governs only this Site and not any Third Party Sites or Other Placemark Sites. Our decision to link to a Third-Party Site is not an endorsement of the content or services in that linked Third Party Site. If you decide to access linked Third-Party Sites, you do so at your own risk You should direct any concerns regarding any Third-Party Sites to the administrator of the applicable Third-Party Site.


Security of the Site

Placemark reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Site. Placemark will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information.


No Solicitation

Nothing on this Site should be construed as a solicitation, offer or recommendation to acquire or dispose of any investment or security, or to engage in any transaction, or to provide any tax, legal or investment advice.


General Disclaimers

DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF PLACEMARK, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “PLACEMARK PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. NONE OF PLACEMARK PARTIES WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR SERVICES IS ASSUMED SOLELY BY YOU. NONE OF PLACEMARK PARTIES MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.


Limitation of Liability

UNDER NO CIRCUMSTANCES WILL ANY OF PLACEMARK PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SITE. IN NO EVENT SHALL ANY OF PLACEMARK PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS PLACEMARK PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.


Indemnification

You agree to make Placemark whole for any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site or any violation of this Agreement.


Use of Personal Data

Your use of the Site may involve the transmission of your personally-identifiable information (the “Personal Data”) to us. Our policies with respect to the collection and use of Personal Data is governed according to our Error! Reference source not found., which is hereby incorporated by reference in its entirety.


Termination

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of this Site at any time without prior notice or liability.


Miscellaneous

In the event that any portion of this Agreement is held to be invalid or unenforceable, the such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled General Disclaimers , Limitation of Liability , Indemnification , Miscellaneous shall survive the termination of this Agreement. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You expressly absolve and release Placemark Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, except with regard to its conflicts or choice of law rules. This Agreement, contains the entire agreement of the parties concerning for this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Site. Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. This Site is intended to be used only by End Users who are residents of the United States. End Users who access the Site from outside the United States do so at their own initiative and risk and are responsible for compliance with all applicable laws. All rights not expressly granted herein are reserved by Placemark.