Terms and Conditions
Zacks Intelligence LLC ("Zacks Intelligence") welcomes you ("User") to this website (the "Site"). These legal notices and terms and conditions of use are a contract between User and Zacks Intelligence (the "Agreement") and govern User's visit to and use of the Site. Zacks Intelligence is an investment adviser registered with the United States Securities and Exchange Commission. Through use of artificial intelligence and language learning models, the Site generates investment recommendations, investment guidance, and financial/market related information based on User queries (the "Service"). By accessing or using the Service, User accepts the terms of this Agreement ("Terms") and User represents and warrants that it has the authority and capacity to enter into this Agreement. User may not access the Site or utilize the Service if it is not at least 18 years old. If User does not agree with all of the provisions of this Agreement, User must not access the Site or use the Service.
1. Zacks Intelligence Content
The materials, information and content made available or displayed on the Site or sent to User through the Service, and any derivative works thereof, whether made by Zacks Intelligence or User, (collectively, "Content") are proprietary to Zacks Intelligence or its licensors. Subject to these Terms, Zacks Intelligence hereby grants User a limited, non-exclusive, non-transferable license to view, use, download and print the Content solely for User's personal, informational, non-commercial and internal review and solely in accordance with this Agreement. User may not: (i) use the Content or any part thereof to develop products or technologies similar to the products of Zacks Intelligence; (ii) reproduce, republish, modify or alter the Content; (iii) distribute or sell, rent, lease, license or otherwise make the Content available to others; or (iv) otherwise remove any text, copyright or other proprietary notices contained in the Content. Any copy of the Content or portion thereof must include all copyright notices, information, and restrictions contained in, or attached to, any of the Content, and User must abide by the foregoing notices and restrictions. To request certain Content, User may be required to provide us with its contact information. User agrees to only provide Zacks Intelligence with true, accurate, current and complete information. As between Zacks Intelligence and User, Zacks Intelligence retains all right, title and interest in and to the Content, and all related intellectual property rights. Zacks Intelligence reserves all rights not granted in this Agreement. Upon Zacks Intelligence's written request or User's termination of these Terms, User must promptly delete or destroy all documents and other tangible materials representing any Content and all copies thereof.
2. Ownership
User understands and acknowledges that the software, code, proprietary methods and systems used to provide the Site or Service ("Zacks' Technology") are: (i) copyrighted by Zacks Intelligence and/or Zacks Intelligence's licensors under United States copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by Zacks Intelligence or Zacks Intelligence's licensors. Zacks' Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without Zacks Intelligence's prior written permission and the prior written permission of Zacks Intelligence's applicable licensors. User must abide by all copyright notices, information, and restrictions contained in or attached to any of Zacks' Technology. Nothing in the Agreement grants User any right to receive delivery of a copy of Zacks' Technology or to obtain access to Zacks' Technology except as generally and ordinarily permitted through the Site according to the Agreement. Furthermore, nothing in the Agreement will be deemed to grant, by implication, estoppel or otherwise, a license to Zacks' Technology. Certain of the names, logos, and other materials displayed on the Site or in the Service constitute trademarks, tradenames, service marks or logos ("Marks") of Zacks Intelligence or other entities. User is not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Zacks Intelligence or those other entities.
3. General Rules of User Conduct
User agrees not to, and represents and warrants that User will not, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Service, use of the Site or Service or access to the Site or Service for any purposes other than for which the Site or Services are being provided to User, or do any of the following: (i) conduct or promote any illegal activities while using the Site or Services; (ii) violate the rights of any party, including any intellectual property rights; (iii) attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site; (iv) attempt to gain access to secured portions of the Site or Services to which User does not possess access rights; (v) use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Service; (vi) interfere in any way with the proper functioning of the Site or Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services; (vii) use any robot, spider, other automatic device, or manual process to extract, "screen scrape," monitor, "mine," or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without Zacks Intelligence's prior express written permission; (viii) impersonate any person or entity, or otherwise misrepresent User's affiliation with a person or entity; or (ix) upload or transmit any form of virus, worm, Trojan horse, or other malicious code.
4. Modifications to the Site or Services
Zacks Intelligence reserves the right to modify or discontinue the Site or Services with or without notice to User. Zacks Intelligence will not be liable to User, or any third party should Zacks Intelligence exercise its right to modify or discontinue the Site and/or Services. If User objects to any such changes, User's sole recourse will be to cease access to the Site or Services.
5. Modifications to Terms
Zacks Intelligence may change the terms of the Agreement from time to time on a going-forward basis. Zacks Intelligence will notify User of any such material changes by posting notice of the changes on the Site, and/or, in Zacks Intelligence's sole discretion, by email. Any such modifications become effective upon the earlier to occur of: (i) User's acknowledgement of such modifications; or (ii) User's continued access to and/or use of the Site or Service after Zacks Intelligence posts notice of such modifications. It is User's sole responsibility to check the Site from time to time to view any such changes to the terms in the Terms of Use. If User does not agree to any changes, if and when such changes may be made to this Agreement, User must cease access to the Site and use of the Service.
6. Acknowledgements
User acknowledges and agrees that User (i) has received a copy of and carefully reviewed Zacks Intelligence's Form ADV Part 2A, Form CRS, and Privacy Policy (the "Documents"); (ii) has had the opportunity to ask questions about the Documents and receive satisfactory answers; (iii) the Service is provided using data from research reports and general financial principles and is not tailored to the User's personal financial needs/goals, individual circumstances, or risk tolerance; (iv) should verify any information received from the Site or Service before acting upon it and should consider whether the advice provided by the Service aligns with its financial situation and may wish to supplement Zacks Intelligence's non-tailored recommendations with advice from financial, legal, and/or tax professionals; (v) understands the risks and limitations of the Service, including but not limited to the risks and limitations associated with non-tailored advice and the Zacks Intelligence's use of artificial intelligence and large language models to provide the Service to User; and (vi) TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZACKS INTELLIGENCE IS NOT LIABLE FOR ANY ACTION USER TAKES OR FAILS TO TAKE BASED UPON INFORMATION USER RECEIVED THROUGH THE SITE OR SERVICE.
7. Privacy
User agrees to be bound by the Privacy Policy, which describes Zacks Intelligence's collection, use and disclosure practices regarding any personal information that User provides to Zacks Intelligence. While there is no such thing as "perfect security" on the Internet, Zacks Intelligence will take reasonable steps to help ensure the safety of User's personal information. However, User understands and agree that such steps do not guarantee that the Site and the Services are invulnerable to all security breaches or immune from viruses, security threats or other vulnerabilities.
8. Disclaimer of Warranties
USER EXPRESSLY AGREES THAT USER'S USE OF THE SITE AND SERVICE IS AT USER'S SOLE RISK. THE CONTENT AND SERVICE ARE PROVIDED BY ZACKS INTELLIGENCE ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZACKS INTELLIGENCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. ZACKS INTELLIGENCE MAKES NO WARRANTY THAT THE CONTENT, SITE, AND/OR SERVICE WILL MEET USER'S REQUIREMENTS, OR THAT THE SITE AND/OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ZACKS INTELLIGENCE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT, SITE, OR SERVICE, OR THAT DEFECTS IN THE SITE OR SERVICE WILL BE CORRECTED. USER UNDERSTANDS AND AGREES THAT ANY CONTENT OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK. NO CONTENT, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM ZACKS INTELLIGENCE THROUGH THE SITE SERVICE, OR OTHERWISE WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THE AGREEMENT.
9. Limitation of Liability
USER ACKNOWLEDGES AND AGREES THAT ZACKS INTELLIGENCE IS ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND TO PROVIDE THE SERVICE IF USER AGREES TO CERTAIN LIMITATIONS OF ZACKS INTELLIGENCE'S LIABILITY TO USER AND TO THIRD PARTIES. USER UNDERSTANDS THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ZACKS INTELLIGENCE OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY) ARISING OUT OF OR RELATED TO USERS USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IN NO EVENT WILL ZACKS INTELLIGENCE BE LIABLE TO USER OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY USER OF THE SITE. IF USER IS DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICE, USERS SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICE. ZACKS INTELLIGENCE'S TOTAL LIABILITY TO USER FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICE IS LIMITED, IN AGGREGATE, TO ONE HUNDRED DOLLARS (U.S. $100.00). Some jurisdictions do 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 and disclaimers may not apply to User. To the extent that Zacks Intelligence may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of Zacks Intelligence liability will be the minimum permitted under such applicable law. Notwithstanding the foregoing, Zacks Intelligence does not disclaim any liability relating to the provision of services which cannot be disclaimed pursuant to the Investment Advisers Act of 1940, as amended.
10. Indemnification
User agrees, at its own expense, to indemnify, defend and hold harmless Zacks Intelligence, its employees, representatives, suppliers, affiliated entities, assigns, agents, including third party agents (collectively "Indemnified Parties" each an "Indemnified Party"), against any claim, suit, action, or other proceeding brought against a Indemnified Party, to the extent that such claim, suit, action or other proceeding brought against such Indemnified Party is based on or arises in connection with the Service or use of this Site, including but not limited to (i) User's (or someone using User's computer) use of the Content, Site, or Service; (ii) User's (or someone using User's computer) violation of the Agreement, (iii) User's (or someone using User's computer) violation of any rights of any other person or entity; or (iv) any viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by User (or someone using User's computer) into the Site or Service. User agrees to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
11. Third-Party Content and Other Websites
Content from advertisers and other third parties may be made available to User through the Site and/or the Service. Because Zacks Intelligence does not control such content, User agrees that Zacks Intelligence is not responsible for any such content. Zacks Intelligence does not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and Zacks Intelligence assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties or violation of any third-party rights related to such Content. The Site and Service may contain links to websites not operated by Zacks Intelligence. Zacks Intelligence is not responsible for the content, products, materials, or practices (including privacy practices) of such websites. User understands that by using the Site and/or Service, User may be exposed to third-party websites that User finds offensive, indecent or otherwise objectionable. Zacks Intelligence makes no warranty, representation, endorsement, or guarantee regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites, products or services accessible by hyperlink or otherwise from the Site or the Service. Zacks Intelligence provides these links for User's convenience only and Zacks Intelligence does not control such websites. The Site and Service may contain links to websites that are operated by an affiliate of Zacks Intelligence, but which operate under different terms of service. It is User's responsibility to review the privacy policies and terms of service of any other website User visits. User agrees that in no event will Zacks Intelligence be liable to User in connection with any websites, content, products, materials, or practices of any third-party.
12. Dispute Resolution and Arbitration Agreement
This Section 12 shall be referred to herein as the "Arbitration Agreement." Except for a claim by Zacks Intelligence of infringement or misappropriation of Zacks Intelligence's patent, copyright, trademark, or trade secret, any and all disputes between User and Zacks Intelligence arising under or related in any way to these Terms or User's use of the Site or the Service, or User's receipt of any email, telephonic, text message or other communication from Zacks Intelligence or its representatives must be resolved through binding arbitration as described in this section. This Arbitration Agreement is intended to be interpreted broadly. USER AGREES THAT BY ENTERING INTO THIS ARBITRATION AGREEMENT, USER AND ZACKS INTELLIGENCE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. USER AND ZACKS INTELLIGENCE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
a. Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this Arbitration Agreement, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between User and Zacks Intelligence and Zacks Intelligence's employees, agents, successors, or assigns, regarding or relating to the Services or these Terms, shall exclusively be settled through binding and confidential arbitration.
b. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from JAMS. As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by JAMS's rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes. If JAMS is unavailable to arbitrate, the parties will agree on an alternative arbitration forum.
c. User is thus giving up its right to go to court to assert or defend its rights except for matters that may be taken to small claims court. User's rights will be determined by a neutral arbitrator and not a judge or jury. User is entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court.
d. User and Zacks Intelligence must abide by the following rules: (1) any claims brought by User or Zacks Intelligence must be brought in the partys' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding; (2) the arbitrator may not consolidate more than one person's claims, may not otherwise preside over any form of a representative or class proceeding, and may not award class-wide relief; (3) in the event that User is able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Zacks Intelligence will pay as much of Users filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (4) the arbitrator shall honor claims of privilege and privacy recognized at law; (5) the arbitrator's award shall be final and may be enforced in any court of competent jurisdiction; (6) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (7) each side pays its own attorneys' fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees' and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.
e. Notwithstanding the foregoing, either User or Zacks Intelligence may bring an individual action in small claims court provided such action remains in such court. Further, claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Chicago, Illinois. Additionally, notwithstanding our agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Chicago, Illinois in order to maintain the status quo pending arbitration, and the parties hereby agree to submit to the exclusive personal jurisdiction of the courts located within Chicago, Illinois for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
f. With the exception of the second paragraph of this Arbitration Agreement and subparts (1) and (2) of subsection 12.d above (prohibiting arbitration on a class, representative or collective basis), if any part of this Arbitration Agreement is deemed to be invalid or unenforceable, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the second paragraph of this Arbitration Agreement and/or subparts (1) or (2) of subsection 12.d above (prohibiting arbitration on a class, representative or collective basis) is found to be invalid or unenforceable with respect to a particular claim for relief, then that claim for relief and only that claim for relief shall be severed from the arbitration and brought exclusively in the state or federal courts located in Chicago, Illinois. All other claims shall be arbitrated.
13. Electronic Communications and E-Sign Consent
Zacks Intelligence provides the Service by conducting business through the Internet, and therefore Zacks Intelligence needs User to consent to Zacks Intelligence giving User Communications (as defined below) electronically. User's agreement to this Electronic Communications and E-Sign Consent confirms User's ability and consent to receive all terms and conditions, agreements, notices, documents, disclosures, and other communications ("Communications") electronically from Zacks Intelligence.
14. Governing Law
This Agreement shall be governed and construed in accordance with the laws of the United States and the State of Illinois, without giving effect to conflicts of law principles thereof. Any legal action, suit or proceeding arising out of or relating to the Terms of Use, or User's use of the Site or Service not subject to arbitration under Section 12 must be instituted exclusively in the federal or state courts located Chicago, Illinois. User agrees to submit to the personal jurisdiction of the state and federal courts located in Cook County in the State of Illinois with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the terms.
15. Accessing Zacks Intelligence Outside the United States
Zacks Intelligence does not represent the Site, or the Service are appropriate or available for use in countries outside the United States. If User chooses to access the Service from outside the United States, User is responsible for compliance with foreign and local laws.
16. Assignment
Neither Zacks nor User may assign or transfer any rights or obligations under this agreement without the other party's consent.
17. General Terms
Any delay or failure by us to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by Zacks Intelligence will have effect unless such waiver is set forth in writing, signed by Zacks Intelligence; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. The Agreement constitutes the complete and exclusive agreement between Zacks Intelligence and User with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements. Subject to subsection 12.f above, if for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the Agreement will continue in full force and effect. The paragraph headings in the Agreement, shown in boldface type, are included only to help make the Agreement easier to read and have no binding effect.
18. Survival
Sections 1, 2 and 8 through 18 as well as any other limitations on liability explicitly set forth herein and Zacks Intelligence's proprietary rights in and to the Site, Content, Zacks' Technology and the Service, will survive the expiration or termination of the Agreement for any reason.
19. Account Deletion Policy
Users may request the deletion of their account and personal data at any time by emailing support@zacksintelligence.com with the subject line "Account Deletion Request." Zacks Intelligence will delete or anonymize User data, except for information Zacks Intelligence is legally required to retain for compliance, regulatory, or security purposes. This includes, but is not limited to, certain records, such as key conversational data, which must be retained to comply the Investment Advisers Act of 1940, as amended. Any retained data will be deleted or anonymized once Zacks Intelligence no longer needs to retain such data for compliance, regulatory, and security purposes, and any mandatory retention period expires.