You are solely responsible for your use of this Web site, for all use made by others using your user ID and password, and for ensuring that such use is in full compliance with these Terms of Use. EMSI does not represent that the information contained on this Web site is the most current information available nor that such information is necessarily complete. Therefore you should not rely on the information contained on this Web site when making decisions. All decisions based on information published on this Web site are your sole responsibility.
LINKS TO OTHER WEB SITES Although the Validus Web site may include links providing direct access to other Internet resources, including Web sites, EMSI is not responsible for the accuracy or content of information contained in these sites. Links from Validus to third-party sites do not constitute an endorsement by VaIidus, of the parties or their products and services. Please also be aware that when you leave the Validus website, other sites may have different privacy policies and terms which are beyond our control. Accordingly, EMSI will not be liable, directly or indirectly, for any damages resulting from the use or reliance on information or advertisements contained in a linked Web site.
NO WARRANTIES & LIMITATION OF LIABILITY THE INFORMATION CONTAINED IN AND THE PRODUCTS AND SERVICES PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" AND EMSI MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NONINFRINGEMENT. In addition, this Web site utilizes information prepared by us from internal and external sources, which we believe to be reliable information. However, we do not represent that this information is accurate, complete or up-to-date. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information available through this Web site. EMSI is not responsible for the content of any off-site pages or other sites linked to the Web site and shall not be liable for any damages or injury arising out of access to or use of the content. Any links to other sites are not intended as referrals or endorsements but are merely provided to the users of the Web site for convenience and informational purposes. EMSI cannot and does not guarantee or warrant that any files available for downloading from this Web site and any services will be free from infections or viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties. In no event shall EMSI, its affiliates and any of its or their officers, directors, shareholders, partners, members, employees, representatives or agents be liable for incidental, consequential, special, direct, indirect, exemplary or punitive damages, including lost profits, that result from or are related to the information published on this Web site. You specifically agree to hold EMSI, their affiliates and any of its or their officers, directors, shareholders, partners, members, employees, representatives and agents harmless and agree that they will not be liable for any damages or losses caused, directly or indirectly, by software failure, system failure, Web site security failure, unauthorized access to this Web site or any other technical problem. Without limiting the generality of the foregoing, neither EMSI, nor any other party involved in creating, producing or delivering this Web site shall be liable for: 1) any loss or injury caused, in whole or in part, by its actions, omissions or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering investment information or other information presented at this Web site; 2) any errors, omissions or inaccuracies in investment information or other information presented at the Web site regardless of how caused, or delays or interruptions in delivery of the investment information or other information presented at the Web site; 3) any decision made or action taken or not taken in reliance upon the investment information or other information presented at the Web site; 4) any damages or injury resulting from your access to this Web site, including, but not limited to, damage to or failure by your computer equipment or other property, communication line failures, computer viruses or inability to access this Internet site; or 5) any other direct, incidental, consequential, indirect, or punitive damages or losses, whether in contract, tort or otherwise, arising out of access to or use of the Web site.
TRADE MARKS All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
INDEMNIFICATION You hereby agree to indemnify and hold EMSI, their subsidiaries, affiliates and any of its or their officers, directors, shareholders, partners, members, employees, representatives or agents harmless from and against any and all damages, liabilities, claims, demands, suits, actions, causes of action, losses, costs and expenses (including attorney's fees and court costs) arising from your use of this Web site, or from your violation of these Terms of Use.
INFORMATION COLLECTED For information on the privacy practices employed by EMSI, please review the terms of our Privacy Policies. EMSI shall not be liable for any damage or loss arising from inaccurate or unauthorized transmissions via this Web site or e-mail.
SECURITIES INFORMATION The information provided in this Web site does not constitute investment, tax, financial, legal, or other advice. Information received via this Web site should not be relied upon for personal, investment, tax, legal or financial decisions, and prior to the execution of any transaction by you related to any information you have obtained from this Web site or the services, you should consult with your financial, tax and investment advisors and an attorney, or otherwise seek appropriate professional advice tailored to your situation. This site and the services are published solely for informational purposes and are not a solicitation, recommendation, endorsement or offer by EMSI or a third party. All expressions of opinion are subject to change without notice. EMSI does not undertake to advise anyone via this Web site.
JURISDICTION The laws of the State of Florida shall govern all matters arising out of the use of this Web site, and by accessing this Web site you irrevocably consent to the jurisdiction of the courts located in Hillsborough County in the State of Florida for any cause of action in connection with your use of this Web site. Should your use of this Web site or the content published on this Web site be contrary to the laws of the jurisdiction from where you access the Web site, then this Web site is not intended for your use, and you should discontinue use of the Web site. You are solely responsible for knowing the laws of your jurisdiction and for assuring your compliance with such laws.
USE OUTSIDE OF THE UNITED STATES; LIMITED AVAILABILITY Not all products or services described on this site may be available to all persons or entities or in all jurisdictions. This site was created in the United States and complies with local United States laws. This site and/or the services may not comply with legal requirements in foreign countries. Any and all information obtained from this site is not provided for and may not be used by any person or entity in any jurisdiction in violation of applicable laws, rules or regulations.
SEVERABILITY If a court determines any provision of these Terms of Use to be illegal or unenforceable, then such portion will be eliminated or enforced to the maximum extent possible, and the remaining Terms of Use will remain in full force and effect.
ARBITRATION You agree that EMSI, at its sole discretion, may require you to submit any disputes arising from the use of this Web site, the services, and/or these Terms of Use concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptability to newly arisen circumstances to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State of Florida as set forth herein. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
ENTIRE AGREEMENT These Terms of Use and Privacy Policies constitute your entire agreement with EMSI regarding this Web site and its services, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and EMSI with respect to this Web site or any services offered on or through such Web site.