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General Terms of Use
EquityKey Investments, L.P.("EquityKey") maintains the equitykey.com web site ("Site") and its contents for your personal information and education. This Site and any services provided by EquityKey in connection with this Site are being provided to you expressly subject to the terms and conditions ("Terms") described below. By accessing and viewing this Site, you agree to be bound by and follow these Terms.
You agree that you will not alter or interfere with the content or functioning of this Site. The materials at this Site are protected by intellectual property laws and any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Copyright Notices
The copyright in all content provided on this Site is held by EquityKey. Except as provided in these Terms, such content may not be reproduced, distributed, republished, downloaded, displayed, posted, "mirrored", transmitted, or otherwise copied or reproduced in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of EquityKey. The copyrighted materials on this Site include, but are not limited to, the text, design, software, images, graphics, source code, and content on the Site.
Trademarks
The trademarks, service marks and logos ("Trademarks") used and displayed on this Site are registered and unregistered Trademarks of EquityKey. Nothing on this Site should be construed as granting any license or right to use any Trademark displayed on this Site. You may not use, copy, display, distribute, modify or reproduce any of the Trademarks found on this Site, except as specifically authorized in writing by EquityKey. You may not use any of the EquityKey Trademarks as a link to the Site except pursuant to a written agreement with EquityKey.
Patent
EquityKey has filed a patent that covers the real estate option product. Any attempt to create or offer a product similar to EquityKey's real estate option product may violate EquityKey's pending patent. In accordance with Section 287(a) of Title 35 of the United States Code, you are hereby placed on notice of EquityKey's rights in the patent filed by EquityKey.
Links
This Site may from time to time display links to other web sites or resources provided by third parties. EquityKey is not responsible or liable for, and does not endorse, the content or operation of any third party web site. Various third party web sites may provide links to this Site. EquityKey is not responsible for the content of any third party web sites.
Disclaimer of Warranty
EquityKey does not warrant that the Site's operation will be error-free or uninterrupted, or that it will be free of viruses or other harmful components. Your use of this Site is done at your own risk. Without limiting the foregoing, the Site is provided "AS IS" and without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Limitation of Liability
Neither EquityKey nor any third party involved in creating or delivering this Site will be liable under any theory (including negligence) for any incidental, consequential, indirect, special, or punitive damages arising out of your access to or use of this Site.
Site Operation
EquityKey controls and operates this Site from its headquarters in San Diego, California. The Terms and your use of the Site will be governed by the laws of California. Any disputes arising out of the Terms or your use of the Site will be heard in the state or federal courts in San Diego County, California.
EquityKey reserves the right to modify the Site and these Terms at any time. The Site will be updated with any such modified Terms. Additionally, EquityKey reserves the right to terminate the Site or your access to the Site, in whole or in part, at any time.
Standard & Poor's Disclosure
“Standard & Poor’s” and “S&P” are registered trademarks of Standard & Poor’s, a division of The McGraw-Hill Companies, Inc. (“S&P”) and have been licensed for use by EquityKey®. The Case-Shiller Home Price Index® and all Case-Shiller Indices® are trademarks of Fiserv Fulfillment Services, Inc. (f/k/a Fiserv CSW, Inc.) and have been licensed for use by S&P.
The EquityKey Home Option™ and the EquityKey S&P/Case-Shiller Index Enhanced Growth Fund (“EKCS Fund”) are not sponsored, endorsed, sold or promoted by S&P or any of its third party licensors. Neither S&P nor its third party licensors make any representation or warranty, express or implied, to any member of the public regarding the advisability of investing in securities generally or in the EKCS Fund particularly or the ability of the S&P/Case-Shiller Indices to track performance of the residential real estate and housing markets. S&P's and its third party licensors’ only relationship to EquityKey is the licensing of certain trademarks and trade names of S&P and the third party licensors and of the S&P/Case-Shiller Indices, which are determined, composed and calculated by S&P or its third party licensors without regard to EquityKey or the EquityKey Home Option or EKCS Fund. S&P and its third party licensors have no obligation to take the needs of EquityKey into consideration in determining, composing or calculating the S&P/Case-Shiller Indices. Neither S&P nor its third party licensors is responsible for and none has participated in determining the pricing, quantities or timing of any issuance or sale of the EquityKey Home Option or the securities of the EKCS Fund by EquityKey or the assessment or method of settlement calculation therefor. S&P has no obligation or liability in connection with the administration, marketing or trading of the EquityKey Home Option and the EKCS Fund.
NONE OF S&P, ITS AFFILIATES OR ANY OF THEIR THIRD PARTY LICENSORS GUARANTEES THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE S&P/CASE-SHILLER INDICES OR ANY DATA INCLUDED THEREIN, OR ANY COMMUNICATIONS RELATED THERETO. S&P, ITS AFFILIATES AND THEIR THIRD PARTY LICENSORS SHALL NOT BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS OR DELAYS OF THE DISSEMINATION OF THE S&P/CASE-SHILLER INDICES. S&P MAKES NO EXPRESS OR IMPLIED WARRANTIES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE S&P/CASE-SHILLER INDICES OR ANY DATA INCLUDED THEREIN. WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT WHATSOEVER SHALL S&P, ITS AFFILIATES OR THEIR THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, TRADING LOSSES, LOST TIME OR GOODWILL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
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