This Terms of Use Agreement (the “Agreement”) describes your rights and responsibilities and states the terms and conditions under which you may use this website. Please read this document carefully. The term “you” as used herein refers to all individuals and/or entities accessing the Site for any reason. By continuing to use the Site, you are indicating your acceptance to be bound by the terms and conditions of this Agreement between you and Peak Soil Indexes (PSI). If you do not accept the terms and conditions stated here, PSI is not willing to allow you to use the Site and you should immediately stop using the Site. You must be at least 18 years of age to use the Site. If you are not at least 18 years old, you should immediately stop using the Site. It is your responsibility to review this Agreement periodically. PSI reserves the right to modify this Agreement from time to time without notice and in its sole discretion at any time by updating this web page, and your continued use of the Site after any modifications by PSI shall constitute your acceptance of such modifications.
BY ACCESSING PEAK SOIL INDEXES WEBSITE AND VIEWING THE DATA WITHIN YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH. ALL MATERIALS SET FORTH ON THIS WEBSITE WITHOUT LIMITATION INCLUDING INDEX VALUES, DATA, TOOLS AND ANALYSIS ARE SUBJECT TO THE GENERAL DISCLOSURE WHICH FOLLOWS BELOW. IF ANY OF THESE TERMS AND CONDITIONS IS UNACCEPTABLE TO YOU, YOU MAY NOT ACCESS WWW.PEAKSOIL.COM.
Scope of Use
The information, data and other content (the “Information”) provided on the Site is provided by PSI for general informational purposes only and may not be redistributed by you. Information provided on the Site may be delayed as determined by PSI in its sole discretion. PSI reserves the right to modify the Site from time to time without notice and in its sole discretion at any time. You agree to use the Site and the Information provided thereon only for your own personal use, and not to reproduce, retransmit, disseminate, sell, distribute, republish, broadcast, post, circulate or commercially exploit the Information available on the Site in any manner without the express written consent of PSI, nor to use the Information available on the Site for any purpose. You agree to access the Information available on the Site manually by request and not programmatically by macro or other automated means, and to view the Information only as displayed on your terminal screen and not attempt to upload, intercept, extract or otherwise collect and/or record the Information through any technological means.
Proprietary Rights And Limitations On Use
The content of this Site is protected by copyright and other intellectual property laws. You agree not to modify, copy, reproduce, retransmit, distribute, sell, publish, broadcast, create derivative works from or store the information provided on the Site (or any portion thereof), without the express prior consent of PSI. Nothing contained in this Site should be construed as granting any license or right to use any of information contained herein. Also, you may not use any of information on this Site in connection with the issuance, trading, marketing or promotion of investment products (e.g., derivatives, structured products, investment funds, investment portfolios, etc. where the price, return and/or performance of the investment product is based on or related to the Indexes) without a separate written licensing agreement with PSI.
The indices and all material presented on this website are proprietary and exclusively the property of Peak Soil Indexes. The index data may be used only for your personal, non commercial purposes. You agree not to modify, copy, reproduce, retransmit, distribute, sell, publish, broadcast, create derivative works from or store index and all other data without the express prior consent of Peak Soil Indexes. You may not use the index data for any unlawful purpose.
All names, trademarks, service marks (the Marks) associated with the Peak Soil Indexes and the indices (whether registered or unregistered) are proprietary to Peak Soil Indexes and its licensors. Nothing contained within this website should be construed as granting any license or right to use any of the Marks displayed within without the express written permission of Peak Soil Indexes or its applicable licensors.
You may not use the index data, analysis, pricing tools or Marks with the issuance, trading, marketing or promotion of any investment product (e.g. derivatives, structured products, ETFs, investment fund, investment portfolio, etc.) where the price, return and/or performance of such product is based on or related to the indices without a separate written agreement from Peak Soil Indexes. Also, no index data, analysis, pricing tools or Marks may be used for interpretation, pricing or valuation purposes pertaining to any informational website application.
If you violate any of these terms and conditions, PSI has the right to terminate your access to all or any portion of the Site immediately without notice and to seek legal remedies against you for breach of this Agreement. In addition, your right to use the Site is subject to any limits established by PSI in its sole discretion.
Disclaimer of Warranties and Liability
THE INFORMATON ON THIS SITE IS PROVIDED TO YOU “AS IS”. NEITHER PSI NOR ANY OF THEIR RESPECTIVE AFFILIATES, AGENTS OR LICENSEE WARRANTS THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED HEREIN. NEITHER PSI NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSEES SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING DIRECTLY FROM USE OF THIS SITE CAUSED IN WHOLE OR PART BY PSI’S NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE INFORMATION. IN NO EVENT WILL PSI OR ANY OF THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE INFORMAITON CONTAINED HEREIN. NEITHER PSI NOR ANY OF THEIR AFFILIATES, AGENTS OR LICENSEES SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Additional Terms
PSI may discontinue or change the Site, or its availability to you, at any time without notice. If any provision in Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement constitute the entire agreement between you and PSI relating to the use of this Site and the information contained herein, and they supersede any and all other agreements, oral or in writing, with respect to the Site. The failure of PSI to insist upon strict compliance with any term or provision shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision.
General Conditions
Peak Soil Indexes (PSI) provides indexes for informational and educational purposes only. It is not possible to directly invest in any PSI index and nothing contained within the PSI website, www.peaksoil.com should be construed as investment advice. PSI retains and reserves all rights to the content within this website, including all copyrights, patent rights and other proprietary rights and access to this website does not constitute the grant of any license other than a license to view the content for non-commercial purposes pursuant to the terms of use. The Content shall not be used for any unlawful or unauthorized purposes. No Content within this website or available through legal distribution, including index data, charts, graphs, analyses, output or any part of such Content may be modified, reverse-engineered, used for derivative products, reproduced or distributed in any form by any means, or stored in a database or retrieval system, without the prior written permission of PSI. PSI maintains exclusive rights to license selected data to investment product providers.
PSI makes every attempt to provide reliable, accurate indexes. However, PSI does not guarantee the accuracy, completeness, timeliness or availability of the Contents. PSI is not responsible for any errors or omissions regardless of the cause, for calculations, results or representations obtained from the Content.
Should any PSI Index form the basis for any investment fund, PSI is not responsible for such fund and makes no representations regarding such funds. Exposure to any PSI index available through exchange traded, over-the-counter (OTC), investment fund or any other type of investment instrument should be considered with advice from a securities professional. A decision to invest in any such investment should not be made in reliance on any of the statements or information set forth on this website.
Prospective investors are advised to make investment decisions carefully, considering all associated risks. A decision to invest in any such investment should not be made in reliance on any of the statements or information set forth on this website.
Prospective investors are advised to make investment decisions carefully, considering all associated risks.
Performance Disclosure
Any historical information presented prior to the index inception date is back-tested. Back-test calculations are based on the same methodology in effect when the index was officially launched. However, past county data used for historical calculations could be limited, incomplete or provided in such manner necessitating interpretation. Back-tested results should thus be viewed as hypothetical. The use of currently available data may not result in values commensurate with any back-test returns shown.
PSI seeks to maintain consistency to its indexes. PSI also pursues actions to optimize observations while maintaining the integrity and character of the index. The availability of additional data may provide such optimization opportunities. PSI may thus choose to increase data inputs at any time. Furthermore, PSI may at any time remove data collections from index calculations.