Terms and Conditions of Service
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Definition of Earnings Per Share (EPS): All EPS estimate statistics and actual EPS are for diluted EPS from continuing operations, and exclude extraordinary and non-recurring income-statement items.
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Intellectual Property: This service, including but not limited to text, content, photographs, video, audio, and graphics (the "service"), is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns, and other elements making up the Service are also copyrighted works. You agree to abide by all additional copyright notices or restrictions contained in the Service. Restrictions on Use. You may not use the Service for any illegal purpose or in any manner inconsistent with the terms. You agree to use the Service solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the Service in any manner that could compete with the business of Zacks. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by Zacks and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of Zacks and such others. You agree to protect the proprietary rights of Zacks and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by Zacks or its suppliers of content, equipment or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in the Service. You agree to notify Zacks in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory or common law rights.
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Rights Reserved: All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and Zacks, at all times be and remain the sole and exclusive property of Zacks. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to Zacks for its exclusive use. Except as specifically permitted by the terms, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use the trademarks, trade names, service marks, trade dress, logos or titles of Zacks or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without Zacks prior written approval.
Disclaimer and Limitation of Liability: You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained therein, including, but not limited to, content, services, goods or advertisements (the "Items") are provided "AS IS" and that Zacks makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, noninfringement, title or fitness for a particular purpose or use. Zacks does not warrant that the Service is compatible with your equipment or that the Service is free of errors or viruses and is not liable for any damage you may suffer as a result of such destructive features. You agree that Zacks, its Suppliers and its third-party agents shall have no responsibility or liability for any injury or damages, whether caused by the negligence of Zacks, its employees, subcontractors, agents, Suppliers or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against Zacks by any other party or any fault, inaccuracy, omission, delay or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment.
The content of other Web sites, services, resources, goods or advertisements (including those for which Zacks may receive compensation) that may be linked to the Service is not maintained or controlled by Zacks. Zacks is therefore not responsible for the availability, content or accuracy of other Web sites, services, resources or goods that may be linked to, or advertised on, the Service. Zacks does not make any warranty, express or implied, with respect to the use of the links provided on the Service, guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, resources, goods or advertisements that may be linked to the Service or make any endorsement, express or implied, of any other Web sites, services, resources, goods or advertisements that may be linked to the Service. Zacks is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Service. You understand that Zacks and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the terms. You acknowledge that the service is provided for information purposes only and is not intended for trading purposes, the service includes information taken from the New York Stock Exchange, American Stock Exchange, NASDAQ and other sources, Zacks does not guarantee the sequence, accuracy, completeness or timeliness of the service and the provision of certain parts of the service is subject to the terms and conditions of other agreements to which Zacks is a party. Accordingly, anything to the contrary herein set forth notwithstanding, Zacks, its officers and employees, general partner, affiliates, subsidiaries, successors and assigns, Suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data, abstracts, delays, errors or interruptions in the transmission or delivery of the Service or any loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
Limitation of Liability: UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL ZACKS, ITS SUPPLIERS AND ITS THIRD PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF A ZACKS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY PROVISION OF THE TERMS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Zacks total liability to you for all damages, losses, and causes and action (whether in contract or tort, including but not limited to negligence) exceed the amount paid by you, if any, for accessing this site.
Indemnification: You agree, at your own expense, to indemnify, defend, and hold harmless Zacks, and its employees, representatives, Suppliers, and agents, against any claim, suit, action, or other proceeding brought against Zacks, its employees, representatives, Suppliers, and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Zacks, its employees, representatives, Suppliers, and agents is based on or arises in connection with the Service, including but not limited to your use or someone using your computer's use of the Service; a violation of the terms by you or anyone using your computer; a claim that any use of the Service by you or someone using your computer infringes any Intellectual Property Right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; any deletions, additions, insertions, or alterations to, or any unauthorized use of, the Service by you or someone using your computer; any misrepresentation or breach of representation or warranty made by you contained herein; or any breach of any covenant or agreement to be performed by you hereunder. You agree 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.
Termination of Terms: Either you or Zacks may terminate the terms at will, at any time and effective immediately. You may terminate the terms by discontinuing use of the Service and destroying all materials obtained from the Service. These terms will terminate immediately without notice from Zacks if you, in Zacks sole discretion, fail to comply with any provision of these terms. Upon termination by you or upon notice of termination by Zacks, you must destroy promptly all materials obtained from the Service and any copies thereof.
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. You agree 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 of service.
Accessing Zacks.com Outside the United States: Zacks does not represent that materials in the Service are appropriate or available for use in countries outside the United States. If you choose to access the Service from outside the United States, you are responsible for compliance with foreign and local laws. Software is further subject to United States export controls and may not be downloaded, exported, or reexported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, or Syria, Sudan, or any other country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, controlled by, or a national or resident of any such country or on any such list.
Miscellaneous: You accept that Zacks has the right to change the content or functionality of any aspect of the Service at any time at Zacks sole discretion. You further accept that such changes may result in your being unable to access some or all services.
Severability of terms: If any provision of the terms is found invalid or unenforceable, that provision will be enforced to the maximum extent, and the other provisions of this Agreement will remain in force.
Agreement in entirety: The terms are the entire agreement between you and Zacks.
Lifetime Subscriptions: If you purchased a lifetime subscription, you will receive all associated newsletters and alerts published by Zacks Investment Research, and its wholly owned subsidiaries, so long as they are published.