Terms of Use

This web site (“Website”) is owned and operated by APPLIED REAL INTELLIGENCE LLC (“ARI”).

These Terms and Conditions of Use (“Terms of Use”) contain the terms, covenants, conditions, and provisions upon which you (i.e., a “user”) may access and use this Website and the content, including without limitation the opinions displayed on the Website.

If you are using this Website on behalf of an entity, you represent that you are authorized to bind such entity, in which case the terms “you” and “user” shall also include such entity.

By using this Website, you acknowledge that you have read these Terms of Use, understand them, and agree to be bound by their terms and conditions. If you do not agree to these Terms of Use, you may not use this Website.

These Terms of Use are current as of June 1, 2024.

1. Ownership of Information

These Terms of Use provide you with a personal, revocable, non-exclusive, nontransferable license to use the Website conditioned on your continued compliance with the terms and conditions of these Terms of Use.

All information provided on this website is owned or licensed by ARI, and unless otherwise indicated, is protected by law, including but not limited to copyright, trade secret and trademark laws.

None of such information may be copied or otherwise reproduced, repackaged, further transmitted, transferred, disseminated, redistributed or resold, or stored for subsequent use for any such purpose, in whole or in part, in any form or manner or by any means whatsoever, by any person without the prior written consent of ARI.

In particular and without limitation, ARI owns copyright in the Website as a collective work and/or compilation, any and all databases accessible on the Website, and in the selection, coordination, arrangement, and enhancement of the content of the Website. ARI and all other names, logos, and icons identifying ARI and/or ARI products and services are proprietary marks of ARI or its licensors.

The contents of the Website are © 2024, ARI, and/or its licensors. All rights reserved.

2. Use of Data

Except as expressly permitted herein, you may not modify, create derivatives of, copy, distribute, repackage, disseminate, broadcast, transmit, reproduce, publish, license, transfer, sell or re-sell, mirror, frame, “deep link”, “scrape”, data mine, or otherwise use or store for subsequent use for any such purpose, any information or materials obtained from or through this Website, without ARI’s prior written consent.

You warrant to ARI that you will not use this Website for any purpose that is unlawful or prohibited by these Terms of Use, including but not limited to attempting or actually (i) disrupting, impairing or interfering with this Website, (ii) collecting any information about other users of this Website, including passwords, accounts or other information, or (iii) systematically extracting data contained on this Website to populate databases for internal or external business use.

3. Disclaimers

ARI obtains all information furnished on the Website from sources believed by it to be accurate and reliable. You expressly agree that:

(a) the ideas and other opinions provided via the Website are, and will be construed solely as, statements of opinion and not statements of fact as to investment worthiness, creditworthiness or recommendations regarding investment decisions or decisions to purchase, hold or sell any securities, or endorsements of the accuracy of any of the data or conclusions, or attempts to independently assess or vouch for the financial condition or investment worthiness of any company or financial instrument;

(b) each opinion will be weighed, if at all, solely as one factor in any investment or credit decision made by or on behalf of you; and

(c) you will accordingly make your own evaluation of each investment decision or security, and of each issuer and guarantor of, and each provider of credit support for, each security or credit that you may consider purchasing, holding, selling, or providing. You will not solely or mechanistically rely on investment ideas or opinions for assessing the worthiness of an entity or financial instrument.

The ideas and opinions provided via the Website do not take into account your personal objectives, financial situation or needs, and in providing opinions to you, ARI is not carrying out consultancy or advisory services. You should always seek the assistance of a professional for advice on investment, tax, legal, or other professional matters.

Because of the possibility of human and mechanical error as well as other factors, the Website and all related materials, products, services and information are provided on an “as is” and as available basis without representation or warranty of any kind.

All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by ARI and its licensors.

You assume the sole risk of making use of and/or relying on the information, materials, products, and services available on the website.

ARI makes no representation that materials on the Website are appropriate or available for use in any particular locations, and access to them from territories where any of the contents of the Website are illegal is prohibited. If you choose to access the Website from such locations, you do so on your own volition and are responsible for compliance with any applicable local laws. You agree and acknowledge that no oral or written information or advice given by ARI or any of its employees or agents with respect to the Website shall constitute a representation or a warranty unless such information or advice is incorporated into these Terms of Use by a written agreement. Further, the information, materials, products and services available on the Website may contain or include inaccuracies or errors, and there may be times when the Website or its content are unavailable. Moreover, ARI may make changes or modifications to the Website at any time, for any reason.

To the extent permitted by law, ARI and its licensors and suppliers disclaim liability for any damages based on your use of the website and its content. without limiting the foregoing, ari shall not have liability to any person or entity for any loss or damage in whole or in part caused by, resulting from, or relating to, any error (negligent or otherwise) or other circumstance or contingency within or outside the control of ARI or any of its directors, officers, employees or agents in connection with the procurement, collection, compilation, analysis, interpretation, communication, publication or delivery of information.

Under no circumstances will ARI or its licensors or suppliers be liable to you for any special, indirect, incidental or consequential damages of any kind, including, but not limited to, compensation, reimbursement or damages on account of the loss of present or prospective profits, expenditures, investments or commitments, whether made in the establishment, development or maintenance of business reputation or goodwill, for loss of data, cost of substitute materials, products, services or information, cost of capital, and the claims of any third party, or for any other reason whatsoever, even if ARI or its licensors or suppliers have been advised of the possibility of damages.

In any event, the aggregate liability of ARI and its licensors and suppliers for any reason whatsoever related to use of the website and its content shall not exceed the greater of (a) the total amount paid by the user for services provided via such website pursuant to these terms of use during the 12 months immediately preceding the event giving rise to liability, or (b) $100.

The limitations and exclusions contained herein will apply only to the maximum extent permissible under applicable law, and nothing herein purports to limit ARI’s liability in a manner that would be unenforceable or void as against public policy in the applicable jurisdiction.

4. Assumption of Risk

You use the Internet solely at your own risk and subject to all applicable laws and regulations. While ARI has endeavored to create a secure and reliable Website, please be advised that the confidentiality of any communication or material transmitted to/from a website over the Internet cannot be guaranteed. Accordingly, ARI and ARI’s licensors and suppliers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Website, or for the consequences of any reliance on such information. ARI and ARI ‘s licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services.

You assume the sole and complete risk of using the Website. Moreover, you agree (a) to hold ARI harmless for the use of third party software on the Website and (b) that ARI shall have no liability whatsoever to any person or entity for the accuracy and/or completeness of any outcome resulting from the use of such software.

5. Password Policy

Your use of certain portions of the Website may require a password. As part of the registration process, you must select a user name and password and provide ARI with accurate, complete and up-to-date information. Anyone with knowledge of your password can gain access to the restricted portions of the Website and the information available to you. By agreeing to these Terms of Use, you agree to be solely responsible for maintaining the confidentiality of your password, any use thereof, and any communications entered through the Website using your password. You will also immediately notify ARI if you become aware of any loss or theft of your password or any unauthorized use of your password. ARI reserves the right to delete or change a password at any time and for any reason.

6. Enforcing Security

Actual or attempted unauthorized use of the Website may result in criminal and / or civil prosecution. For your protection, ARI reserves the right to view, monitor, and record activity on the Website without notice or further permission from you, to the fullest extent permitted by applicable law. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any portion of the Website. ARI will also comply with all court orders involving requests for such information.

7. Privacy

Please review our Privacy Policy, which also governs your use of the Website, to understand our practices concerning information that you may provide to us or that we may collect from you in connection with your use of the Website.

8. Links to Other Websites

ARI may provide links, in its sole discretion, to other websites on the internet for your convenience in locating related information and services. These websites have not necessarily been reviewed by ARI and are maintained by third parties over which ARI exercises no control. Accordingly, ARI expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on, and/or software downloaded from, these third party websites. Moreover, these links do not imply an endorsement of any third party or any website or the products or services provided by any third party. Users and third parties are prohibited from establishing hyperlinks to or away from this site, unless ARI provides prior written consent (which it may or may not provide in its sole discretion).

10. Retention of Your Personally Identifiable Information

The personally identifiable information that you provide will be stored and maintained by ARI until you instruct us otherwise, or, in ARI’s sole discretion, for the longer of: (a) for so long as is necessary or appropriate to carry out the purpose(s) for which such information was collected and (b) for so long as we are required to maintain such information by law or other applicable rules or regulations.

9. Events Beyond ARI Control

ARI ‘s Website may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications that are beyond ARI’s reasonable control. ARI is not responsible for delays, delivery failures or other damage resulting from such problems. You expressly absolve and release ARI and ARI ‘s licensors and suppliers from any claim of harm resulting from a cause beyond their control, including, but not limited to, the 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, terrorism or governmental restrictions.

10. Submissions

ARI also welcomes your feedback and suggestions about how to improve the Website. Any ideas, suggestions, information, know-how, material, or any other content (collectively, “Submissions”) received through a Website, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for ARI to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You hereby waive any claim to the contrary.

11. Governing Law and Consent to Jurisdiction

The Website is controlled and operated by ARI from its offices within the State of California, United States of America. These Terms of Use, including without limitation any disputes relating to the content of the Website, shall be governed by California law and controlling United States federal law, without giving effect to any principles or conflicts of laws.

12. Dispute Resolution

Any dispute, controversy or claim arising out of or relating to these Terms of Use, including any disputes relating to the content of Website, shall be finally resolved by arbitration. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association, which shall administer the arbitration and act as appointing authority. The place of the arbitration shall be Los Angeles, California. The decision of the arbitrators shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys’ fees to the prevailing party) shall be paid as the arbitrators determine. The decision of the arbitrator may be entered by any court of competent jurisdiction. You agree to submit to the jurisdiction of the state and federal courts in California for the purposes of any judicial proceedings to obtain interim relief and in aid of the arbitration or judicial proceedings to confirm or enforce the award. Notwithstanding the foregoing, ARI may seek preliminary injunctive relief from a court of law in the event of a breach by you.

13. Indemnity

You agree to indemnify and hold harmless ARI, its licensors and suppliers, all of their affiliates, and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, losses, liabilities, claims, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of any third party claims based on or related to your use of or access to the Website or any breach by you of these Terms of Use.

14. Term, Termination, Amendments

These Terms of Use will take effect when you first commence using the Website and shall continue in effect while you have access to the Website or any portion thereof. ARI reserves the right at any time and for any reason to terminate your access to the Website or any portion thereof. Such termination will be effective without notice, and any terms herein which by their nature should survive termination shall survive. Please note that ARI reserves the right to change the terms and conditions of these Terms of Use upon notice, which may be given by ARI posting such change on the Website, by email, or any other reasonable means. Your continued use of the Website following notice of such modifications will be conclusively deemed acceptance of any changes to these Terms of Use.

15. Waiver

Failure to insist on strict performance of any of the terms and conditions of these Terms of Use will not operate as a waiver of any default or failure of performance. No waiver by ARI of any right under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

16. Nature of Relationship / Severability

No joint venture, partnership, employment, or agency relationship exists between you and ARI as a result of these Terms of Use or your utilization of the Website. If any provision of these Terms of Use is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use shall continue in full force and effect.