Terms of Use

Andrew Davidson & Co., Inc. Website—Terms of Use

November 12, 2020

We are Andrew Davidson & Co., Inc. (“AD&Co”).  We provide this website under the following terms of use (“Terms”), which you accept by using the site.  For these purposes, “you” includes the company or other entity you represent.

These Terms form a legally binding contract between you and AD&Co.  You may have a separate written agreement with AD&Co, as our customer or otherwise.  In that case, these Terms supplement, but do not supersede or modify anything in your written agreement.

These Terms also include our Privacy Statement, which describes how we collect, use, and handle information about you through the site and related services.
 

Ownership & Permitted Use

This site’s contents are owned by or licensed to AD&Co.  You may access and use the site only for your personal (internal), non-commercial purposes, unless otherwise provided in a separate written agreement with AD&Co.  Nothing in these Terms, including your access to the site, grants you any other rights to the site or its contents.

In particular, you may not use the site for any purpose that violates these Terms, any law or regulation, or the rights of AD&Co or its affiliates.  Except as provided in a separate written agreement with AD&Co, you may not: (1) copy, distribute, modify, publicly display or perform, resell, or in any way exploit the site or any of its contents; (2) engage in data mining, harvesting, or any other systematic collection or extraction of information from the site; (3) attempt to access any protected content or area of the site that we do not specifically authorize for you; (4) modify or remove the proprietary notices on any content from the site; or (5) use any material from the site in a manner that attributes a false or misleading statement to AD&Co or its affiliates.

The site displays various names, logos, trademarks, service marks, and other indicia that we own.  You may not use any of these for any commercial purpose or in any manner that is likely to cause confusion about the source, affiliation, or sponsorship of any product or service, or that disparages or discredits AD&Co or its affiliates.
 

User Account & Protected Areas of the Site

You may have a user account that permits access to protected areas of the site, with special resources related to our products and services.  Contents of the protected areas are confidential, and you must safeguard them and not disclose them to any other person.  The confidentiality and permitted use of these protected contents are normally detailed further in a separate written agreement between you and AD&Co; please refer to it carefully.

You must protect the username, password and any other login credentials associated with your account.  You are responsible for all activity conducted under your account and may not permit anyone else to use it.  You agree that all information you provide us in connection with your account is accurate and complete and that you will keep it updated.

In some protected areas, you may be required to accept an additional agreement governing access to special content on the site.  The additional agreement supersedes these Terms only to the extent of any conflict between the two.
 

No Advice

AD&Co provides the information on this site for general informational purposes only, without consideration for the circumstances of any particular user.  Nothing on this site constitutes (1) investment, legal, accounting, tax, or other professional advice or (2) any recommendation or solicitation to purchase, hold, sell, or otherwise deal in any investment.  For investment advice, seek a qualified investment professional. Note: An affiliate of AD&Co engages in trading activities in securities that may be the same or similar to those discussed on this site.
 

Links and Other Websites

We may include links to third-party web sites, including some that offer related products and services.  We provide these links for information and convenience only, and they do not imply that we endorse or sponsor the other sites or their products and services.  You use these other sites at your sole risk.
 

Disclaimer of Warranties

THE SITE AND ALL PRODUCTS, SERVICES, AND CONTENT ASSOCIATED WITH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND THAT YOU USE THE SITE AT YOUR SOLE RISK.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, AD&CO AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; OR WARRANTIES THAT ANY PART OF THE SITE (OR ANY PRODUCTS, SERVICES, OR CONTENT ASSOCIATED WITH IT) WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY; OR THAT ANY CONTENT IS SAFE FOR DOWNLOAD OR SUITABLE TO BE RELIED ON FOR ANY PURPOSE. AD&CO AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL LIABILITY ARISING FROM ANY PERSON’S RELIANCE FOR ANY PURPOSE ON INFORMATION AVAILABLE ON THE SITE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE. IN SOME JURISDICTIONS, PORTIONS OF THESE DISCLAIMERS MAY NOT APPLY.

ALTHOUGH AD&CO INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF COMPUTER VIRUSES OR OTHER MALICIOUS CODE TO THE SITE, AD&CO AND ITS AFFILIATES DO NOT GUARANTEE OR WARRANT THAT THE SITE IS FREE FROM DESTRUCTIVE FEATURES AND ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
 

Limitation of Liability

AD&CO AND ITS AFFILIATES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, STATUTORY, OR SIMILAR DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSS (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NO MATTER IF THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY), RESULTING FROM OR ARISING OUT OF: (1) THE USE OF OR THE INABILITY TO USE THE SITE; (2) THE PRODUCTS, SERVICES, OR CONTENT ASSOCIATED WITH THE SITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR DATA; OR (4) ANY OTHER MATTER RELATING TO THE SITE. IN SOME JURISDICTIONS, PORTIONS OF THIS LIMITATION OF LIABILITY MAY NOT APPLY.
 

Indemnification

You will indemnify (and, if requested, defend) AD&Co, its affiliates, and their respective directors, officers, employees, and agents against any losses, liabilities, damages, expenses and costs (including reasonable attorneys’ fees) arising from your violation or alleged violation of these Terms.  NOTE:  If you are an entity of the U.S. Federal Government, this paragraph does not apply to you.
 

Access from Outside the United States of America

AD&Co expressly disclaims any representation, warranty, or covenant that the site or any of its contents are appropriate or permitted for use in locations outside the United States of America. If you choose to access the site from other locations, you do so at your own risk and are solely responsible for compliance with all applicable laws. You may not access the site from any location where doing so would be illegal.
 

Governing Law

These Terms and any dispute related to the site are governed by the laws of the State of New York as they apply to agreements made and wholly performed there.  Both you and we irrevocably (1) submit to the exclusive jurisdiction of the federal and state courts located within the State and County of New York for the resolution of any related dispute and (2) waive any objection based on the inconvenience of the forum or otherwise.
 

General Provisions 

We may limit or deny your access to the site or terminate these Terms at any time without notice for any reason, including your violation of the Terms.  Nothing in these Terms creates an agency, partnership, joint-venture, employment, or other similar relationship of any kind between you and AD&Co, nor do these Terms extend rights to any third party. The failure of either you or AD&Co to assert any right under these Terms will not be considered a waiver of that party’s right, which will remain in full force and effect. If any provision of these Terms is deemed invalid, the fullest permissible effect will be given to the parties’ intentions as reflected in the provision, and the Terms’ other provisions remain in full force and effect. You may not assign, delegate, or sublicense your rights or obligations under the Terms without AD&Co’s prior written consent, and any attempt to do so is null and void. AD&Co may assign these Terms and transfer any of its rights or obligations in its reasonable discretion.
 

Changes & Questions

We may change these Terms by posting an updated version on the site.  We may also provide additional notice of more significant changes. By continuing to use the site after we post updated Terms, you accept the updated Terms.

If you have any questions or concerns about these Terms or the site, please contact us at support@ad-co.com.