This web site located at www.invescoindexing.com (the "Web Site") is owned by Invesco Indexing LLC ("Invesco", "we", "our", "us"). You may use the Web Site only if you agree, without modification, to these Terms of Use ("Terms"). By using the Web Site you signify acceptance of our Terms. The terms "you" and "your" mean you and any entity you may represent in connection with the use of the Web Site. These Terms are in addition to any other agreements between you and Invesco that govern your use of information, content, tools, products and services that may be made available on the Web Site.
1. Jurisdiction and Applicable law
The information provided through the Web Site is not intended for distribution to, or use by, any person in any country or any jurisdiction where such distribution or use would be contrary to law or regulation within such jurisdiction or country. The laws of the State of Texas and applicable U.S. federal law shall govern these Terms. If you take legal action relating to these Terms, you agree to file such action only in state court in Harris County, Texas, or federal court within the Southern District of Texas, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.
2. Modification of Web Site; Monitoring of Website.
Invesco reserves the right, at our discretion, to change these Terms and the contents of the Web Site at any time without further notice by posting updated Terms here. Invesco expressly reserves the right to monitor any and all use of the Web Site. However, Invesco is under no obligation to do so and assumes no responsibility or liability arising from the use of the Web Site.
3. Copyrights and restrictions on use of materials; Disclaimer
Invesco owns and operates the Web Site. All information and materials contained on the Web Site are subject to copyright and/or trademark protection laws. All data, content and tools on the Web Site (collectively, the “Content”) are owned by Invesco, except Content clearly identified with other persons, which is the property of their respective owners. All trademarks, service marks, and trade names displayed on the Web Site are proprietary to Invesco, except those clearly identified with other persons, which are the property of their respective owners. The Content may not be reproduced or redisseminated in any form without prior written permission from Invesco. We (or the respective third party owners of Content in or on the Web Site) reserve all rights not expressly granted. Invesco may suspend or terminate your access to the Web Site for any reason, without prior notice.
4. DISCLAIMERS
THE MATERIALS IN AND ON THE WEB SITE (INCLUDING ANY CONTENT) AND ANY MATERIALS MADE AVAILABLE THROUGH THE WEB SITE ARE SUBJECT TO APPLICABLE STATUTES AND REGULATIONS, AND ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INVESCO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. INVESCO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE CONTENT COULD BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. INVESCO UNDERTAKES NO OBLIGATION TO MAINTAIN THE CURRENCY OF SUCH INFORMATION. INVESCO CANNOT BE RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THE WEB SITE OR ITS OPERATION.
5. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL INVESCO BE LIABLE FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE WEB SITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE IN THE WEB SITE. INVESCO SHALL NOT BE LIABLE EVEN IF INVESCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS OR OTHER HARMFUL COMPONENT.
6. Limitations as to Sections 4 and 5 herein
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL INVESCO'S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT PAID BY YOU FOR ACCESSING THE WEB SITE AND $50.00 USD.
7. Indemnification
You agree to defend, indemnify and hold harmless Invesco, its members, affiliates and/or partners, and its and their officers, directors, partners, shareholders agents, licensees and employees from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney's fees that may, at any time, arise out of or relate to your authorized, unauthorized, lawful or unlawful use of the Web Site or Content therein, your breach of the Terms, as may be modified from time to time in Invesco's sole discretion, your inability to access the Web Site, or your reliance on any errors or omissions in the Web Site.
8. General.
Any notices to you from Invesco regarding the Web Site or these Terms will be posted on the Web Site or made by e-mail or regular mail. When you visit the Web Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.