1. Overview
PLEASE READ THESE TERMS OF USE (“TERMS OF USE”) CAREFULLY. THESE TERMS OF USE ARE PROVIDED TO YOU BY LORD, ABBETT & CO. LLC AND ITS AFFILIATES, SUBSIDIARIES AND FUND FAMILIES (COLLECTIVELY, “LORD ABBETT”) AND GOVERNS YOUR USE OF ANY PART OF THE LORD ABBETT WEBSITE INCLUDING ALL INFORMATION, SERVICES AND OTHER CONTENT PROVIDED ON THE WEBSITE (COLLECTIVELY, THE “SITE”).
BY ACCESSING THIS SITE, YOU ARE AGREEING THAT: (1) THESE TERMS OF USE (WHICH WE MAY AMEND FROM TIME TO TIME) WILL GOVERN YOUR USE OF THE SITE AND (2) THESE TERMS OF USE CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND LORD ABBETT. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SITE.
2. Minimum Age.
You represent that you are at least 18 years of age (or the age of majority in the State in which you reside). If you are under the age of 18 (or the age of majority in the State in which you reside), but at least 13 years of age, you may use the Site only under the supervision of your legal guardian who has agreed to be bound by these Terms of Use. This Site is not intended for, and you may not use this Site if you are under 13 years of age.
3. Revisions/Changes
We may amend, modify, and/or update these Terms of Use at any time by posting amended Terms of Use (“Amended Terms of Use”) on the Site. Any Amended Terms of Use will become effective immediately upon posting. Your use of the Site after any Amended Terms of Use become effective will be deemed to constitute your acceptance of those Amended Terms of Use. We may modify or discontinue the Site, or any portion thereof, at any time, temporarily or permanently, with or without notice to you.
4. Purpose of the Site
The Site is intended to be an information resource that you may use to contribute to your business reach. The Site is not to be used with the public in oral, written, or electronic form. The information on the Site is for your information only and is neither the tax, legal, or investment advice of Lord Abbett, its affiliates or its third-party sources nor their recommendation to purchase or sell any security.
5. Links to Third Party Sites
The Site may contain links to websites owned or operated by third parties or otherwise contain content provided by third parties (“Third Party Materials”). Such Third Party Materials are provided solely as a convenience to you, and Lord Abbett is not responsible for, does not endorse, and makes no representation regarding any Third Party Materials. If you decide to visit any third party site linked to the Site, you do so at your own risk. We encourage you to review the privacy policy and terms of use for such third party sites.
6. Site Content
All content on the Site, including but not limited to text, graphics, images, software, features, tools, code, information and other content (collectively, the “Content”), is the property of Lord Abbett and its licensors and is protected under United States and foreign copyright laws and other laws. In connection with your use of the Site, Lord Abbett grants to you a limited, nontransferable, non-sublicensable, non-exclusive, revocable license to access, view, use, print and download a single copy of the Content for your personal use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears in the Content. Other than as expressly allowed in these Terms of Use, any other use of the Site or Content is expressly prohibited. You may not sell or modify Content or reproduce, display, distribute or otherwise use Content in any way for any public or commercial purpose without Lord Abbett’s prior written consent. Use of Content on any online or digital platform or in a networked environment other than as expressly authorized herein is prohibited. Unauthorized use of Content may be in violation of copyright, trademark and other laws.
The Content we choose to make available on the Site from time to time may be used solely for personal, noncommercial purposes in compliance with all laws and regulations that apply to you.
Without limiting the foregoing, the Site may contain certain content from third parties. This content may be subject to its own additional license terms and policies. You should refer to the terms and policies posted on third party websites prior to using any such site. Lord Abbett does not endorse, oppose or edit any opinion, claim, or analysis expressed by any third party. YOU AGREE THAT LORD ABBETT IS NOT RESPONSIBLE FOR THE SUBSTANCE OR ACCESSIBILITY OF ANY THIRD PARTY CONTENT ACCESSIBLE THROUGH THE SITE AND YOU UNDERSTAND THAT YOU BEAR ALL RISKS ASSOCIATED WITH YOUR ACCESS TO AND/OR USE OF SUCH CONTENT.
7. Your Use of the Site
Personal Use: Your use of the Site is a limited, nontransferable, non-sublicensable, non-exclusive, revocable license granted by us to you that we may deny, suspend, or revoke at any time, with or without cause or notice.
Required Technology: You must provide, at your own cost and expense, the equipment and services necessary to access and use the Site. At any time, we may change the supporting technology and services necessary to use the Site. If your use of the Site results in any costs or expenses, including, without limitation, the need for servicing or replacing equipment or data, Lord Abbett shall not be responsible for those costs or expenses.
Availability: We make no guarantee (a) that you will be able to access the Site at any given time; (b) that your access will be uninterrupted, error-free, or free from unauthorized security breaches; or (c) that the Site, Content or any computer server are free of viruses or other harmful material.
8. Rights in Data
Our use of your information (including any personal information) collected from or provided by you will be in accordance with our Privacy Policy posted on the Site. Our compliance with our Privacy Policy will survive any termination of these Terms of Use or of your use of the Site.
9. Your Conduct in the Use of the Site
You may access, search, view, and store a personal copy of the Content contained on the Site for your use as a broker/dealer. We expect you to use the Site responsibly and to respect the rights of others. Any other use by you of the Site outside of these Terms of Use is strictly prohibited. Without limiting the preceding sentence, you will not:
- Access data not intended for you or log onto a server that you are not authorized to use.
- Modify, alter or prepare other works based on the Site’s Content, or distribute copies of or publicly perform or display such Content, such as by posting the Content on any network computer or distributing the Content on or in any media, including any reproduction, copying, translation, modification, adaptation, creation of derivative works from, distribution, transmission, transfer, republication, compilation or decompilation, reverse engineering, display, removal or deletion of the Content, any portion thereof, or any data, or any other information provided by us or any of our third-party sources in any form, media, or technology now existing or hereafter developed, that is not specifically authorized under these Terms of Use.
- Remove, obscure, or alter any notice, disclaimer, or other disclosure affixed to or contained within the Site, including any copyright notice, trademark, and other proprietary rights notices and any legal notices regarding the data, content, or information provided through the Site.
- Create a hyperlink to, frame or use framing techniques to enclose, any information found anywhere on the Site without our express prior written consent. Impersonate any person, or falsely state or otherwise misrepresent his or her affiliation with any person in connection with any use of the Site.
- Breach or attempt to breach the security of the Site or any network, servers, data, or computers or other hardware relating to or used in connection with the Site; nor use or distribute through the Site software or other tools or devices designed to interfere with or compromise the privacy, security or use of the Site by others or the operations or assets of any person.
- Interfere with service to any other user, or the software, networks or systems that we use to bring the Site to you, such as by submitting a virus or overloading, "flooding," "spamming," "mailbombing" or "crashing" the Site.
- Transmit or disseminate any kind of material that contains malware, viruses, bots, worms or any other computer code, files or programs that interrupt, destroy or limit the functionality or operation of the Site.
- Violate any applicable law, including, without limitation, any state or federal securities laws.
Any violation of these Terms of Use or unauthorized use of any Content displayed on or made available from the Site may violate copyright laws, trademark laws, laws of privacy and publicity and other laws and regulations and may result in, among other things, termination of your access to the Site by Lord Abbett in its sole discretio
10. Trademarks
The names, marks and logos appearing in the Site’s Content are, unless otherwise noted, trademarks owned by or licensed to Lord Abbett. The use of these marks, except as provided in these Terms of Use, is prohibited. From time to time, Lord Abbett makes fair use in the Content of trademarks owned and used by third parties. Lord Abbett makes no claim to ownership of those marks.
You may not use Lord Abbett’s trade name, trademarks, service marks or other intellectual property assets or its branded products and services for promotional, advertising or any other commercial purpose, unless and only to the extent Lord Abbett specifically agrees to such use in writing.
11. Termination and Survival
Lord Abbett reserves the right, in its sole discretion, to limit or terminate or suspend your access to or use of the Site, in whole or in part, at any time without notice. Termination of such access or use will not waive or affect any other right or relief to which Lord Abbett may be entitled to at law or in equity.
Upon any such termination or suspension, your right to use the Site will immediately cease and you must discontinue use of the Site and delete or uninstall any Content from your mobile device, as applicable.
The following Sections will survive any termination or expiration of these Terms of Use: Sections: 2-18.
12. Our Representations and Warranties
THE SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. LORD ABBETT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING: (1) THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO (A) THE ACCURACY, COMPLETENESS, SECURITY, AVAILABILITY OR TIMELINESS OF THE SITE CONTENT, OR (B) THE RESULTS OBTAINED OR TO BE OBTAINED FROM THE SITE CONTENT;OR (2) THE ABSENCE OF ANY MALWARE OR OTHER HARMFUL CODE ON THE SITE OR WITHIN ANY SITE CONTENT. LORD ABBETT, ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND ACCORDINGLY, THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE A CONSUMER, ANY STATUTORY RIGHTS THAT CANNOT BE WAIVED BY YOU ARE UNAFFECTED BY THIS SECTION.
13. Your Representations and Warranties
You hereby represent and warrant to us, for our benefit, as of the date of these Terms of Use and for so long as you continue to use the Site, that: (a) you are, and will continue to be, in compliance with these Terms of Use and any applicable laws and (b) you are authorized to provide to us the information we collect, as described in our Privacy Policy.
14. Limitation of Liability
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL LORD ABBETT, ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, RESULTING FROM YOUR USE OR INABILITY TO USE ANY PART OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LORD ABBETT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LORD ABBETT’S AGGREGATE LIABILITY TO YOU, DIRECT OR OTHERWISE, EXCEED FIFTY DOLLARS ($50).
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, LORD ABBETT’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION.
15. Indemnification
You agree to defend, indemnify and hold harmless Lord Abbett, its affiliates and each of their respective officers, directors, employees, contractors, representatives and agents, from and against any and all losses, actions, claims, damages, fines, penalties, costs and expenses (including reasonable legal and accounting fees) arising out of or related to (a) your use or misuse of the Site, including any Content, or (b) your breach of these Terms of Use. Lord Abbett reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section, in which event you agree to cooperate with any reasonable requests assisting our defense of such matter.
16. Governing Law
All questions concerning the construction, validity, enforcement and interpretation of these Terms of Use shall be governed by and construed in accordance with the domestic laws of the State of New Jersey, without giving effect to any choice of law or conflict of law.
17. General
To the extent any portion of these Terms of Use is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use, as modified, will remain in full force and effect. This is the entire agreement between you and Lord Abbett relating to the subject matter herein.
18. Electronic Communication
These Terms of Use and any other documentation, agreements, notices, or communications between you and Lord Abbett may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
19. How to Contact Us
If you have any questions about these Terms of Use, please use the contact methods listed on our website to contact us.