Authority and Capacity
Types of Users
Several different parties may use our website to access our research, ranking, reports, resources, and other materials, including, members, key decision-makers, industry experts, and financial professionals asked to participate in research (“Research Participants”), clients who engage Javelin, a business unit of Escalent, to perform consulting services (“Clients”), individuals who are interested in learning more about Escalent, but may be registered only as non-members (“Other Registered Users”) and unregistered users who are not provided with login information, but still access our website (“Unregistered Users”). All are collectively referred to as “Users.”
Escalent, has conducted research within the institutional financial services industry. Over this period of time, Javelin, a business unit of Escalent has built an extensive proprietary contact database, which contains information on many of financial professionals from around the world.
Javelin often renders consulting services to Clients based on its proprietary research and database information. Full or limited access to this website and the research, reports, rankings, resources, and other materials available on this website is often provided to these Clients.
Other Registered Users
Limited access to this website is provided to individuals who are interested in learning about its proprietary research. Non-member registered users have limited access to the full text of research, reports, rankings, resources, and other materials available on this website.
All other users are able to view the general areas of this website, but are not provided with login information and will not have access to all research, reports, rankings, resources, and other materials that are otherwise available to Research Participants, Clients or Other Registered Users.
Use of Website
The right to use this website is personal to you and you shall not sell, lease, assign or transfer any right to use this website nor shall you permit any such assignment or transfer to occur, directly, indirectly or contingently by agreement or operation of law. The use authorized under this agreement is non-commercial in nature.
All other use of this website is prohibited. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any research, reports, rankings, resources, or other materials or information you access on or through this website (the “Content”).
You agree not to use this website in any way that is unlawful or harms Escalent, its affiliates or any other Users. You must not use this website in any way that breaches any code of conduct or policy. Without limiting the generality of this section, you must not use this website in any manner that could damage, disable, overburden, or impair any part of this website or interfere with any other party's use of this website.
When you use this website you will comply at all times with all applicable international, federal, state and local laws, statutes, regulations, and ordinances and will not take any action that harms or violates the rights of any other person or entity.
Use of Website Content
No advertising, promotional or commercial use of the Content and other materials available on our website can be made without the express written permission from Escalent.
All Users are prohibited from modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling any Content, information or other materials available on our website, without securing express written permission.
Escalent does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. Any Content, information or materials made available for downloading, access, or other use from this website with its own license terms will be governed by such terms, conditions, and notices.
Your failure to comply with such terms or any of the terms on this website will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of the downloaded materials in your possession, custody or control.
You are responsible for all activity that occurs within your profile on our website. This means that you will:
- Have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Personal Information;
- Update your account and Personal Information as necessary to ensure that it is accurate and complete;
- Refrain from misrepresenting your identity or any other information disclosed during the registration process, impersonating another person or entity, or misrepresenting your affiliation with another person or entity, which can all result in termination of your ability to use our website;
- Prevent unauthorized access to, or use of this website using your account or profile and notify Javelin of any such unauthorized access or use, this includes keeping your username and password in a safe location; and
- Refrain from violating or encouraging others to violate, infringe or misappropriate any right of or obligation to a third party, including any intellectual property, proprietary, confidentiality, or privacy rights.
You understand and acknowledge that:
- You must not use our website or any Content provided on our website for the transmission of advertising or promotional materials, including junk mail, spam, or any other form of unsolicited or unwelcome solicitation;
- You must not use our website in any manner that could disable, overburden, damage, or impair this website, or interfere with any other party’s use and enjoyment of our website, including by uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or interfering with or disrupting any network, equipment, or server connected to or used to provide access to our website, or violating any regulation, policy, or procedure of any network, equipment, or server;
- You must not post or transmit content or information on or through our website that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act;
- You must not use or attempt to use another’s account or personal information; and
- You must not attempt to gain unauthorized access to our website, or the computer systems or networks connected to our website, through hacking, password mining or any other means.
This website may provide links or references to third party websites, resources and content not related to Javelin. Javelin makes no representations, warranties, or other commitments or endorsements whatsoever about any third party websites or resources that may be referenced, accessible from, or linked to our website.
In addition, Escalent is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties from this website. It is up to you to take precautions to protect yourself from viruses, worms, and other potentially destructive programs, and to protect your Personal Information.
Escalent confidential information (“Confidential Information”) includes, without limitation, all software, technology, programming, specifications, materials, rankings, resources, reports, Content, research, pricing, membership lists, databases, guidelines and documentation relating to our research and this website.
Escalent does not want to receive confidential or proprietary information from you through our website. Please note that any information or material sent to Javelin will be deemed not to be confidential. By sending Javelin any information or material, you grant Javelin an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information.
Representations and Warranties
You represent and warrant that the information provided to us or uploaded on this website does not infringe on any copyright, patent, trademark, trade secret, or other intellectual property or proprietary right held by any third party and that you will not use this website or our Content in a manner that violates any international, federal, state, or local law or regulation, including but not limited to, any individual privacy law or laws governing the distribution of email and any other digital communications.
Disclaimer of Warranties
USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. JAVELIN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. JAVELIN MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. JAVELIN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIALS, INFORMATION, RESOURCES, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will Escalent, its officers, directors, employees or agents be liable to you for any direct, indirect, incidental, consequential, special, exemplary or punitive damages of any type whatsoever related to or arising out of this agreement, any use of this website or any site or resource linked to, referenced, or accessed through this website, or for the use or downloading of, or access to, any Content, materials, information, resources, products, or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if Escalent is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort, or any other legal theories.
You acknowledge that ownership of all right, title and interest to Javelin intellectual property, which shall include without limitation, all trademarks and copyright, including, in all Content, research, reports, rankings and resources, and the components and source code of our website and its features, shall remain vested solely in Escalent.
Escalent respects the intellectual property and proprietary rights of others and we ask you do the same. You should assume that all text, designs, graphics and images that you find on this website are subject to copyright, trademark, or other intellectual or proprietary rights. You authorize Javelin to cooperate with intellectual property owners who claim that you have infringed or may infringe on their proprietary rights. This cooperation includes, but is not limited to, disclosing your Personal Information and alleged infringing material to the intellectual property owner or its agent and destroying all alleged infringing material.
Escalent, in its sole discretion and without notice to you, may terminate this website, your access to this website, any feature of this website, or your use of any feature or Content posted on this website. Escalent will not be liable to you or any third party for any suspension or termination of your access to this website or its Content.
From time to time, this website may contain technical inaccuracies or typographical errors, and we do not warrant the accuracy of any posted information. Please confirm you are using the most updated version of this website and its Content.
You can also call us at +1 925.225.9100 or reach us by mail at Privacy Matters c/o Javelin, a business unit of Escalent, 4309 Hacienda Drive, Suite 380, Pleasanton, CA 94588 USA.