TERMS AND CONDITIONS OF USE
Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
This Term of Use agreement (“the “Agreement”) specifies the Terms and Conditions for access to and use of Jensen Investment Management, Inc.’s (“Jensen”) website (the “Site”) and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Jensen upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.jenseninvestment.com. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
All content included on this site is and shall continue to be the property of Jensen or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
“Jensen” and “The Jensen Quality Universe” and others are either trademarks or registered trademarks of Jensen. Other product and company names mentioned on this Site may be trademarks of their respective owners.
5. Site Use.
Jensen grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Jensen and Jensen may terminate your use of this website at any time.
6. Compliance with Laws.
You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
You agree to indemnify, defend and hold Jensen and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
a) NO WARRANTIES. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. JENSEN DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
(b) NOT INVESTMENT ADVICE. JENSEN DOES NOT INTEND TO PROVIDE ANY INVESTMENT ADVICE OR INFORMATION RELATING TO ITSELF OR ANY COMPANY IDENTIFIED ON THE SITE. Nevertheless, the Site may, from time to time, contain information on the current or prospective financial condition of this and/or certain other companies. Jensen cautions that there are various important factors that could cause actual results to differ materially from those indicated in the information you may encounter on the Site. Accordingly, there can be no assurance that such indicated results will be realized. These factors include, among other things, legislative and regulatory initiatives regarding regulation of American companies doing business abroad; political and economic conditions and developments in the United States and in foreign countries in which the companies discussed on the Site operate; financial market conditions and the results of financing efforts; and changes in commodity prices and interest rates.
9. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL JENSEN BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
10. Use of Information.
11. Copyright and Trademarks.
The trademarks, service marks and logos used and displayed on the Site are Jensen’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. Jensen is the copyright owner or authorized licensee of all text and all graphics contained on the Site. All trademarks and service marks of Jensen that may be referred to on the Site are the property of Jensen. Other parties’ trademarks and service marks that may be referred to on the Site are the property of their respective owners. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Jensen’s trademarks or service marks without Jensen’s prior written permission. Jensen aggressively enforces its intellectual property rights. Neither the name of Jensen nor any of Jensen other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Site or otherwise, without Jensen’s prior written permission If you believe that any Content on the Site violates any intellectual property right of yours, please contact Jensen at the address, email address or telephone number set forth in Section 18.
12. Local Laws.
Jensen makes no representation that content or materials in the Site are appropriate or available for use in jurisdictions outside the United States. Access to the Site from jurisdictions where such access is illegal is prohibited. If you choose to access the Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Jensen is not responsible for any violation of law. You may not use or export the Content or materials in the Site in violation of U.S. export laws and regulations. You agree that the Site, these Terms shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of Oregon. The Site shall be deemed a passive website and service that does not give rise to personal jurisdiction over Jensen, either specific or general, in jurisdictions other than the states covered by the preceding sentence. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located where Jensen is located. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
The failure of Jensen to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Jensen must be in writing and signed by an authorized representative of Jensen.
Jensen may terminate this Agreement at any time, with or without notice, for any reason.
16. Relationship of the Parties.
Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
17. Entire Agreement.
18. Contact Information.
Jensen Investment Management, Inc.
5500 meadows Rd, Suite 200
Lake Oswego, OR 97035