Terms & Conditions

Section 1 - Overview

This website is operated by Performance Analytics LLC, dba Equity Analytics Group. Throughout the site, the terms “we”, “us” and “our” refer to Performance Analytics LLC, dba Equity Analytics Group (“Equity Analytics Group”). We offer this website, including but not limited to all main and subdomains of equityanalyticsgroup.com (collectively, the “Site”) including all information, tools and services available from this site to you, the user.

By visiting the Site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.  Please read these Terms of Service carefully before accessing or using the Site. If you do not agree to these terms, you are prohibited from accessing or using this Site. 

The information on the Site is provided to you with the understanding that our provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career or other advice or services. Information on the Site should not be relied upon for making business, investment or other decisions or used as a substitute for consultation with professional advisors. Moreover, we do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded or distributed through the Site by us, any user, information provider or any other person or entity. You acknowledge and agree that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole option, liability and risk. Moreover, we do not grant any license or other authorization to you to use the Site in any manner if such use in whole or in part suggests that we promote or endorse a third party's causes, ideas, political campaigns, political views, websites, products or services.

By visiting our Site, you further acknowledge you have read and agree to these Terms and our Privacy Policy.

Any new features or tools which are added to the current Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

Squarespace: This site is subject to the terms of Squarespace. This site is built using Squarespace. Squarespace's terms and conditions, including its privacy policy, can be found here. Squarespace may have access to your information as they support this site in its authorized use of your information.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 2 - General Conditions

You understand that your personal information may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Unless otherwise noted, the Site, all materials on the Site, including but not limited to the text, graphics and html code, and the copyrights, trademarks, and/or other intellectual property in such materials (collectively, the "Content"), are owned, controlled or licensed by Equity Analytics Group. The Site and the Content are intended solely for your personal, non-commercial use. You may temporarily download or copy the Content and other downloadable materials displayed on the Site for your personal, non-commercial use only.  

No right, title or interest in any downloaded Content is transferred to anyone accessing the Site. If we provide social media features with certain Content, you may take such actions as are enabled by such features.

You may not reproduce, publish, transmit, distribute, display, modify, sell or exploit in any way any of the Content or the Site. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Service, use of the Site Service, or access to the Site Service or any contact on the Site through which the Service is provided, without express written permission by us.

The Performance Analytics and Equity Analytics Group name, logo and all related names, logos, product and service names, designs, and slogans are our trademarks. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

We reserve the right to refuse service to anyone for any reason at any time.

Section 3 – Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

This Site may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Section 4 – Modifications to the Products, Service, and Prices

Terms (including prices) for our services or products are subject to change without notice.

We reserve the right to: change, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; and/or offer promotions to some or all users of the Site. We expressly disclaim any duty to update or revise the materials on the Site.

You agree that we shall not be liable to you or to any third party for any change, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site. 

Section 5 – Products or Services

We reserve the right to limit the quantity, type, or condition of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this Site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.  We may, in our sole discretion, limit or cancel services. 

Section 6 – Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 7 – Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties nor does linking constitute an endorsement of any linked website.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. We may disable all or any social media features and any links at any time without notice in our discretion.

Section 8 – User Comments, Feedback, and Other Submissions

We welcome user comments and feedback. If you send creative ideas, suggestions, proposals, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that we may, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you send to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. We reserve the right to monitor, edit or remove any Comments. 

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You agree that your Comments will not contain libelous, unlawful, abusive or obscene material, or contain any computer virus or other malicious software that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 9 – Personal Information

Your submission of personal information through the Site, phone, email, or other form of communication is governed by our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Section 10 – Errors, Inaccuracies and Omissions

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Site, Service or on any related website is inaccurate at any time without prior notice.

We undertake no obligation to update, amend or clarify information in the Site, Service or on any related website, except as required by law. No specified update or refresh date applied in the Site, Service or on any other related website, should be taken to indicate that all information in the Site, Service or on any related website has been modified or updated.

Section 11 – Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) attempt to gain unauthorized access to or damage or disrupt any parts of the Site or Service, or (l) to interfere with or circumvent the security features, or otherwise attempt to interfere with the proper working of the Site or Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 12 – Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of the Site or Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Site or Service will be accurate or reliable. You agree that from time to time we may remove the Site or Service for indefinite periods of time or cancel the Site or Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Site or Service is at your sole risk, and you agree to assume full responsibility for any costs associated with your use of the Site and Service.

The Site and Service and all products and services delivered to you through the Site and Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, or non-infringement of intellectual property.

In no event will Equity Analytics Group, or its partners, members, agents or employees be liable to you or anyone else for any decision made or action taken in reliance on the information in this Site or for any consequential, special or similar damages, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if advised of, knew or should have known of the possibility of such damages.

In no case shall Equity Analytics Group, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Site or Service or any products procured using the Site or Service, or for any other claim related in any way to your use of the Site or Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Site or Service, even if advised of their possibility. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the site or any services or items obtained through the site or to your downloading of any material posted on it. 

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. Accordingly, the foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

The information contained and accessed on this Site provided by Equity Analytics Group is meant for general guidance and is not intended to replace or serve as substitute for professional advice, consultation or service. 

Section 13 – Indemnification

You agree to indemnify, defend and hold harmless Performance Analytics, LLC dba Equity Analytics Group and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, arising from or related to your use of the Site or Service and/or your breach of any representation, warranty, or other provision of the Terms of Service. 

Section 14 – Geographic Restrictions

The owner of the Site is based in the state of Oregon in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Section 15 – Governing Law & Venue

All matters relating to the Site, Service and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Oregon, without giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Oregon, in each case located in the City of Portland and Multnomah County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Section 16 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 17 – Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may deny you access to our Site or Services (or any part thereof).

Section 18 – Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Site or Service constitutes the entire agreement and understanding between you and us and govern your use of the Site or Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against Equity Analytics Group.

Section 20 – Questions

Questions about the Terms and Conditions should be sent to us through our Contact page.

Last updated 04/10/21