Use of this GW&K Investment Management (“GW&K”) website (“Site”) requires that you accept the following Terms of Use. GW&K may periodically modify these Terms of Use, and any such modifications will be effective immediately upon posting. We suggest that you periodically check these Terms of Use for modifications. If you do not agree to the Terms of Use, do not use this Site.
GW&K expressly reserves the right to monitor any and all use of this Site, and to change these Terms of Use, without any liability or any further notice requirements.
LIMITED LICENSE AND RESTRICTIONS ON USE
GW&K grants you a limited, revocable, nonexclusive, nontransferable license to view, store, bookmark, download, and print the pages within this Site solely for your informational use . You are responsible for obtaining and maintaining all equipment, services, and other materials that you need to access this Site. GW&K reserves all rights not expressly granted in these Terms of Use. Except as otherwise stated in these Terms of Use as expressly authorized by GW&K in writing, you may not:
- Modify, copy, distribute, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any reports, data, information, content, software, RSS and podcast feeds, products, services, or other materials on, generated by or obtained from this Site, whether through links or otherwise (collectively, “materials”);
- Redeliver any page, text, image or materials on this Site using “framing” or other technology;
- Engage in any conduct that could damage, disable, or overburden (i) this Site, (ii) any materials or services provided through this Site, or (iii) any systems, networks, servers, or accounts related to this Site, including without limitation, using devices or software that provide repeated automated access to this Site, other than those made generally available by GW&K;
- Probe, scan, or test the vulnerability of any materials, services, systems, networks, servers, or accounts related to this Site or attempt to gain unauthorized access to materials, services, systems, networks, servers or accounts connected or associated with this Site through hacking, password or data mining, or any other means of circumventing any access-limiting, user authentication or security device of any materials, services, systems, networks, servers or accounts related to this Site;
- Modify, copy, obscure, remove or display GW&K’s name, logo, trademarks, notices or images without GW&K’s express written permission.
COPYRIGHT POLICY, NOTICE AND CLAIM INFORMATION
GW&K owns and operates this Site, and except for trademarks, copyrights or other materials expressly owned by third parties, GW&K owns all materials on this Site, whether separate or compiled, including but not limited to, text, graphics and audio clips. Logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, as well as all copyright, patent, trademark, trade dress and other rights therein, are owned or licensed by GW&K and its third-party information providers, and are protected by United States and international intellectual property laws.
LINKING
You may not link to this Site unless GW&K expressly grants you permission to do so.
DATA, INFORMATION AND CONTENT; NO INVESTMENT OR SECURITY RECOMMENDATIONS OR OFFERS
The materials on this Site are for informational purposes only. Although GW&K may provide data, information and content relating to investment approaches, you should not construe any such information or other content available through this Site as investment, legal, tax, or any other form of advice or solicitation to buy or sell securities. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any materials on this Site before making any decisions based on such materials. In exchange for using such materials, you agree not to hold GW&K and its officers, employees, or its third-party information providers liable for any possible claim for damages arising from any decision you make based on the materials made available to you through this Site. By providing access to this Site and any other websites, neither GW&K nor any of its affiliates is recommending or offering the purchase or sale of any security, investment strategy or investment product, or providing any investment advice or services in any jurisdiction.
OWNERSHIP OF OTHER MATERIALS
All trademarks, service marks and logos appearing on this Site are the exclusive property of their respective owners.
All GW&K’s graphics, logos, page headers, and service names are trademarks, service marks or trade dress of GW&K. GW&K’s trademarks, service marks and trade dress may not be used in connection with any product or service or in any manner that is likely to cause confusion among customers or investors, or in any manner that disparages or discredits GW&K. Nothing contained on this Site should be construed as granting any license or right in or to any trademarks, service marks or trade dress of GW&K.
THIRD-PARTY CONTENT
Data and other materials appearing on this Site that are provided by third parties are believed by GW&K to be obtained from reliable sources, but GW&K cannot guarantee and is not responsible for their accuracy, timeliness, completeness, or suitability for use. GW&K is not responsible for, and does not prepare, edit, or endorse, the content, advertising, products, or other materials on or available from any website owned or operated by a third party that is linked to this Site via hyperlink. The fact that GW&K has provided a link to a third party’s website does not constitute an implicit or explicit endorsement, authorization, sponsorship or affiliation by GW&K with respect to such website, its owners, providers or services. You use any such third-party content at your own risk.
WARRANTY DISCLAIMERS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THERE ARE NO IMPLIED OR EXPRESSED WARRANTIES ON THE MATERIALS IN THIS SITE; THE MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE BASIS.” GW&K, AFFILIATES, OFFICERS, EMPLOYEES, LICENSORS AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS DISCLAIM, TO THE FULLEST EXTENT UNDER APPLICABLE LAW, ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS SERVICE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY, WITH RESPECT TO (I) THE SITE; (II) ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITE; (III) USE OF THE SITE, MATERIALS, PRODUCTS, OR SERVICES; AND (IV) THE RESULTS OF THE USE OF THE SITE, MATERIALS, PRODUCTS, OR SERVICES.
FURTHER, GW&K, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE THROUGH THIS SITE. EXCEPT AS PROVIDED BY LAW, NEITHER GW&K NOR ITS THIRD-PARTY INFORMATION PROVIDERS AND VENDORS HAS ANY RESPONSIBILITY TO MAINTAIN THE MATERIALS, PRODUCTS, OR SERVICES OFFERED ON THE SITE OR TO SUPPLY CORRECTIONS, UPDATES OR RELEASES FOR THE SAME. USE OF THIS SITE IS AT YOUR OWN RISK. REFERENCE TO A FUND OR SECURITY ANYWHERE ON THIS WEBSITE IS NOT A RECOMMENDATION TO BUY, SELL, OR HOLD THAT OR ANY OTHER SECURITY. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW DISCLAIMERS OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION
LIABILITY AND INDEMNITY
ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE ARE DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER EQUIPMENT, OR LOSS OF DOWNLOADED OR OBTAINED DATA THAT RESULTS FROM SUCH DOWNLOAD.
NEITHER GW&K NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, OR DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, OR COMMUNICATIONS LINE FAILURE, OR THE COST OR PROCURING SUBSTITUTE GOODS OR SERVICES, CAUSED BY THE USE OF OR INABILITY TO USE THE SITE, MATERIALS OR ANY PRODUCTS OR SERVICES PROVIDED HEREIN, OR ANY OTHER MATTER RELATING TO THIS SITE, EVEN IF GW&K HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE LIABILITY OF GW&K AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH JURISDICTIONS.
You agree to indemnify, defend and hold harmless GW&K, its affiliates, and each of its and their officers, directors (and trustees), employees, and agents, from and against all claims, demands, liabilities, damages, losses or expenses, including attorney’s fees and costs, arising out of or related to your improper access to or use of this Site, or any violation by you of these Terms of Use.
ACCESS; JURISDICTION
THE CONTENTS OF THE SITE ARE NOT INTENDED FOR ACCESS BY, DISTRIBUTION TO, OR USE BY, ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH ACCESS, DISTRIBUTION OR USE WOULD BE CONTRARY TO LOCAL LAW OR REGULATION. Not all products and services mentioned in this Site are available in all jurisdictions.
Certain portions or pages of this Site are subject to additional disclosures and disclaimers. In the event of a conflict between those disclosures and disclaimers and these terms and conditions, the additional disclosures and disclaimers will govern for such portions and pages.
Access to and use of the Site are governed by the laws of the Commonwealth of Massachusetts and disputes arising from or related to your access to and use of the Site shall be adjudicated solely and exclusively in a forum located in Massachusetts. Each party irrevocably consents to such jurisdiction and waives any claim of inconvenient forum. Each party further waives, to the fullest extent permitted by law, any right to trial by jury in any action, suit, claim or proceeding brought to enforce, defend or interpret any rights or remedied arising under these Terms of Use.
COOKIES
The Site uses cookies and other similar technologies to improve your browsing experience and the functionality of the Site. GW&K urges you to read GW&K’s Cookie Policy and GW&K’s Privacy Policy for more information on how we may collect and use data.
FORCE MAJEURE
GW&K’s failure to maintain the Site and/or provide any content as a result of conditions beyond GW&K’s control such as, not but limited to, war, strikes, fires, floods, acts of God, governmental restrictions, power failures, natural disasters, acts of terrorism, or damage or destruction of any network or other facilities or servers, shall not be deemed a breach of these Terms of Use.
INTEGRATION AND SEVERABILITY
If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. These Terms of Use represent the entire agreement between GW&K and the user relating to the subject matter herein.
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