Terms of Service
Binding Effect/Modification of Policy and Terms
Arbitration Agreement and Class Action Waiver
Any and all claims arising from or relating to the use of the Website, including the submission of personal information, and/or any good or service offered or provided by us to you shall be subject to binding arbitration under the Federal Arbitration Act ("FAA"). This includes claims based on contract, tort, equity, statute, or otherwise, as well as claims regarding the scope and enforceability of this provision. It includes all claims by or against you, us, and/or any affiliated person, company, and/or agent. A single Arbitrator shall decide all claims and shall render a final, written decision. You may choose the American Arbitration Association ("AAA"), Judicial Arbitration and Mediation Service ("JAMS"), or other similar arbitration service provider acceptable to us to administer the arbitration. Consistent with the FAA, the appropriate AAA rules, JAMS rules, or other service provider rules shall apply, as determined by the Arbitrator. For AAA and JAMS, these rules are found at www.adr.org and www.jamsadr.com. Each party to the arbitration shall pay his, her, or its own costs of arbitration. If you cannot afford your arbitration costs, you may apply for a waiver under the relevant rules. You and we waive any right to bring representative claims on behalf of a class of individuals, on behalf of the public, as a private attorney general, or otherwise (the "Class Action Waiver"). Except for this Class Action Waiver, this clause may be severed or modified if necessary to render it enforceable under the FAA. The agreements and waivers contained in this section shall apply retroactively to any and all claims and causes of action that arise or arose at any time.
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.
Protection and Opt-In Policy: Zacks does not contact customers or viewers unless requested to do so by those individuals requiring or requesting further information from us. For many services, both paid and free, Zacks requires registration. Information is required for account set-up and to enable us to provide the maximum quality of service. Member contact information is used to send information about our company and promotional materials sent from Zacks. And the only people who will receive offers from organizations outside of Zacks and its affiliates are those who specifically "opt-in" to receive that information. Note that they can choose to "opt-out" of the list at any time. Registrants are "opted out" of receiving future mailings regarding product updates and promotions by default in the registration process.
Copyright: All Information available through "Zacks.com" is the property of Zacks or its Information Providers and is protected by copyright and intellectual property laws. All rights reserved.
You may not reproduce, retransmit, disseminate, sell, publish, broadcast, nor shall the Information be used in connection with creating, promoting, trading, marketing Investment Products without the express written consent of Zacks or its Information Providers. You are entitled to use the Information it contains for your private, non-commercial use only.
Intellectual Property: The Service, including but not limited to text, content, photographs, video, audio, and graphics 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.
Further Restrictions on Use: You may not copy, reproduce, recompile, decompile, reverse engineer, distribute, publish, display, modify, transmit, or in any way exploit any part of the Service, except that you may download or make one print copy of this Service for your own personal, non-commercial use, provided that all copyright and other proprietary notices are retained. The analysis and data included in Zacks.com may not be recirculated, redistributed or published without prior written consent from Zacks. Modification of the Service's content is a violation of Zacks copyright. No part of this Service may be offered for sale or distributed.
License: You acquire absolutely no rights or licenses in or to the Service and materials contained therein other than the limited right to utilize the Service in accordance with the terms. Should you choose to download content from the Service, you must do so in accordance with the terms. Such download is licensed to you by Zacks only for your own personal, noncommercial use in accordance with the terms and does not transfer any other rights to you.
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 websites, 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 websites, 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 websites, services, resources, goods or advertisements that may be linked to the Service or make any endorsement, express or implied, of any other websites, 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 AFFILIATED ENTITIES, 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, its affiliated entities, its suppliers, or its third party agents 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, its employees, representatives, Suppliers, affiliated entities, assigns, agents, including third party agents, against any claim, suit, action, or other proceeding brought against Zacks, its employees, representatives, Suppliers, affiliated entities, assigns, agents, including third party 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 Service: Either you or Zacks may terminate the Service at will, at any time and effective immediately. You may terminate the Service by discontinuing use of the Service and destroying all materials obtained from the Service. The Service 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. The termination of Service does not impact the terms set forth herein, which shall continue beyond any termination of Service.
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.
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.
If you purchased a lifetime subscription, you will receive all associated newsletters and alerts published by Zacks, and its wholly owned subsidiaries, so long as they are published. Zacks and its successors and assigns reserve the right to end the publication of any newsletter or alerts in the future, and neither Zacks nor any successor or assign will have any liability should any newsletter or alerts cease publication. There is a 90-day unconditional refund guarantee on the purchase of Zacks Ultimate Lifetime. After that there is a performance guarantee for the Service. Note that this performance guarantee does not apply to professional/institutional investors as the products are built for usage by individual investors.
Zacks Ultimate Monthly Trials
Ultimate Trials are limited to 3 per customer. Customers that accidentally take a fourth trial will be converted into a $299 monthly subscription for their convenience.
Nature of Service
Zacks.com contains statements and statistics that have been obtained from sources believed to be reliable but are not guaranteed as to accuracy or completeness. References to any specific securities do not constitute an offer to buy or sell securities. The past performance of a mutual fund, stock, or investment strategy cannot guarantee its future performance.
Neither Zacks nor its Information Providers can guarantee the accuracy, completeness, timeliness, or correct sequencing of any of the Information on the Website, including, but not limited to Information originated by Zacks, licensed by Zacks from Information Providers, or gathered by Zacks from publicly available sources. There may be delays, omissions, or inaccuracies in the Information.
NEITHER ZACKS NOR THE INFORMATION PROVIDERS SHALL HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE FOR THE ACCURACY, COMPLETENESS, TIMELINESS, OR CORRECT SEQUENCING OF THE INFORMATION OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION OR "ZACKS.COM," OR FOR INTERRUPTION OF ANY DATA, INFORMATION, OR ANY OTHER ASPECT OF "ZACKS.COM." THE PAST PERFORMANCE OF A MUTUAL FUND, STOCK, OR INVESTMENT STRATEGY CANNOT GUARANTEE ITS FUTURE PERFORMANCE. NEITHER ZACKS NOR ITS INFORMATION PROVIDERS MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES CONTAINED IN "ZACKS.COM" ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
Copyright 2023, Zacks Investment Research, All Rights Reserved, updated 02/26/2021.