Nasdaq eVestment™

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Nasdaq Company Terms of Service

Date last revised: 4/10/2023Welcome to the website (the “Nasdaq Company Site”) of eVestment Alliance, LLC (“Nasdaq eVestment”) and Solovis, Inc. (“Nasdaq Solovis”) (each a subsidiary of Nasdaq, Inc. “Nasdaq” and each a “Nasdaq Company”). In the case of Nasdaq eVestment services or Nasdaq Solovis services, the Nasdaq Company shall be interpreted as Nasdaq eVestment or Nasdaq Solovis, respectively. These Nasdaq Company Terms of Service (“Agreement“) is a contract in electronic form between you (“User”, “you”, “your” and “yourself”) and the Nasdaq Company.

If you do not agree to be bound by this Agreement, you may not log onto the Nasdaq Company Site or use the Services. PLEASE READ THE AGREEMENT IN ITS ENTIRETY BEFORE ACCEPTING ITS TERMS AND CONDITIONS OR LOGGING ONTO THE NASDAQ COMPANY SITE.

ACCEPTANCE: By registering, logging onto the Nasdaq Company Site or services (collectively, the “Services”) you acknowledge that you have read and agree to all terms and conditions contained or referenced in this Agreement. We reserve the right, at our discretion, to update or revise this Agreement at any time. The Nasdaq Company also reserves the right to change the terms and conditions under which the Nasdaq Company Site and its many offerings are extended to the User. Your continued use of the Nasdaq Company Site following the posting of any changes to the Agreement constitutes acceptance of those changes. Please check back often for changes as the Nasdaq Company will not send notification of changes. The most recent revision date will be posted above. By accessing, viewing, or utilizing the products and/or services available on or through the Nasdaq Company Site, you indicate that you understand and recognize this Agreement to be the legal equivalent of a signed, written contract and equally binding.

1. TARGETED USERS: The Nasdaq Company products and services are designed for participants in the institutional investment industry, including for example, plan sponsors/pension funds, investment/asset/fund managers, hedge funds, fund-of-funds, family offices, investment consultants, financial advisors, investment banks, endowments, foundations, hospitals, insurance companies, and third-party marketing organizations of the foregoing. All data and content are targeted to the institutional investment community.
2. NATURE OF NASDAQ COMPANY SITE: The Nasdaq Company Site is designed to serve as an informational source regarding institutional money managers as well as various other institutional investment-oriented content. Information is intended for educational and research purposes ONLY. The Nasdaq Company does NOT provide investment, financial, legal, tax, accounting, valuation, real estate, fiduciary, or other professional advice nor gives recommendations on the suitability of any investment, investment manager or their respective investment funds. Accordingly, the Nasdaq Company assumes no responsibility or liability for any investment decisions made or services rendered by any institutional money manager or vendor, or any other entity featured on the Nasdaq Company Site. We do not endorse any of the investment managers and/or vendors on the Nasdaq Company Site. The Nasdaq Company recommends seeking the advisement of an independent advisor before making an investment decision. Additional due diligence may be necessary before making an investment decision and should be based on a case-by-case basis depending on the circumstances. The Nasdaq Company shall not be held liable for investment decisions made based on content provided through the Nasdaq Company Site.
3. NASDAQ COMPANY SITE CONTENT: As stated, the content on the Nasdaq Company Site is intended for informational, research, and educational purposes only. The data and information collected regarding investment managers have been obtained from sources believed to be reliable. It is important to strive for a high level of data integrity, and while there may be data validations and checks in place, the Nasdaq Company cannot and does not guarantee accuracy or comprehensiveness of the Nasdaq Company Site. The Nasdaq Company relies on reporting from investment managers, Users, and/or third parties and the Nasdaq Company does not independently verify or warrant data accuracy. You hereby acknowledge and agree that the Nasdaq Company makes no claims with regard to accuracy on the part of any other party, the Nasdaq Company, or the Nasdaq Company Site; that there may be delays, omissions, or other inaccuracies in the information contained on the Nasdaq Company Site; and that such information may become unreliable because of changing market or economic situations. Any decisions made based upon information gathered herein may include incorrect information that may lead to results differing from the past. Before committing to any investment, seek the advice of an independent advisor. Past performance does not guarantee similar results in the future.
4. REGISTRATION AND ACCESS: Each User will be required to register with the Nasdaq Company prior to receiving a username and password to access the Nasdaq Company Site. Once registration is verified, the User will receive a username and password granting access to the Nasdaq Company Site. By registering with the Nasdaq Company, the User agrees that all information provided is accurate and complete. The User will have the ability to change the registration information as necessary. However, Users shall be solely responsible for the upkeep and security of the username and password. It may be possible for anyone with knowledge of the User’s username and password to view certain portions of the Nasdaq Company Site and modify information on the Nasdaq Company Site. The User hereby agrees to keep all information confidential and promptly notify the Nasdaq Company if theft or any other breach of secure information occurs. The Nasdaq Company reserves the right to grant or deny access to the Nasdaq Company Site to any User and modify or delete a User’s access at any time for any reason without notice or liability. The Nasdaq Company will not be held responsible for damages incurred due to a User’s carelessness or noncompliance with the above statements.
5. PRIVACY: The Nasdaq Company is dedicated to protecting our Users’ privacy. Please refer to our Privacy Policy for a more complete description of our use of personal information.
6. USE OF THE SERVICES:  To use our Services, you must:

• comply with all applicable federal, state, local, or international laws and regulations (including, without limitation, any laws regarding the export of data or software to and from the US or other countries) and not participate in, facilitate or further illegal activities; and
• immediately notify the Nasdaq Company if you learn of any illegal activity on the Services.

Additionally, you agree not to:

• impersonate or attempt to impersonate Nasdaq, a Nasdaq Company, Nasdaq personnel, another User, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
• engage in activity that is harmful to the Nasdaq Company, its affiliates, or their third-party vendors;
• Use the Nasdaq Company Site in any manner that could disable, overburden, damage, or impair the Nasdaq Company Site or interfere with any other party’s authorized use of the Nasdaq Company Site, including their ability to engage in real time activities through the Nasdaq Company Site;
• Use any robot, spider, or other automatic device, process, or means to access the Nasdaq Company Site for any unpermitted monitoring or copying any of the material on the Nasdaq Company Site;
• Use any device, software, or routine that interferes with the proper working of the Nasdaq Company Site;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Nasdaq Company Site, the server(s) on which the Nasdaq Company Site or Services are stored, or any server, computer, or database connected to the Nasdaq Company Site;
• Attack the Nasdaq Company Site via a denial-of-service attack or a distributed denial-of-service attack; or
• Otherwise attempt to interfere with the proper working of the Nasdaq Company Site.

1. USER CONDUCT: The User hereby agrees not to use the Nasdaq Company Site or Services in any way that is unlawful or prohibited by these terms and conditions. Unauthorized commercial uses of the Nasdaq Company Site, or the resale of the Nasdaq Company’s services, is expressly prohibited. The content and software on the Nasdaq Company Site may only be used for the purposes intended by the Nasdaq Company. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on the Nasdaq Company Site is strictly prohibited. The User hereby agrees not to upload, post or distribute any content through the various mediums via the Nasdaq Company Site that:
   • restricts or inhibits any other user from using the Nasdaq Company Site;
   • is unlawful, threatening, violent, hateful, abusive, harassing, defamatory, libelous, inflammatory, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, vulgar, offensive, pornographic, profane, indecent, or contains explicit or graphic descriptions or accounts of sexual acts, or otherwise objectionable;
   • promotes sexually explicit or pornographic material or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
   • has the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
   • attempts to gain unauthorized access to the Nasdaq Company Site, network, server or other systems related to the Nasdaq Company Site;
   • constitutes unauthorized or unsolicited advertising, junk or Spam e-mail, chain letters, pyramid schemes, any other form of unauthorized solicitation, any form of contest, sweepstakes, lottery, or gambling or any information, software or other material of a commercial nature;
   • introduces viruses, Trojan horses, worms, logic bombs, corrupted files, or any other similar software or material that is malicious or technologically harmful;
   • collects or stores personal data about other Users;
   • violates, plagiarizes or infringes the rights of any third party including, without limitation, any copyright, trademark, patent, trade secret, right of privacy or publicity, or any other intellectual property or other right;
   • constitutes or contains false or misleading indications of origin or statements of fact or is likely to deceive any person;
   • impersonates any person, or misrepresent your identity or affiliation with any person or organization;
   • gives the impression that they emanate from or are endorsed by the Nasdaq Company or any other person or entity, if this is not the case; or
   • violates, encourages, or assists any conduct that would violate any other applicable laws or regulation or give rise to civil liability.

The Nasdaq Company reserves the right at all times to edit, refuse to post or remove any information or materials, in whole or in part, that in the Nasdaq Company’s sole discretion are objectionable or in violation of this Agreement.

1. LINKS: The Nasdaq Company may, at its sole discretion, offer links to websites of various vendors and providers of institutionally oriented services. As these websites are not maintained by the Nasdaq Company , we do not guarantee or attest to the accuracy and completeness of the information obtained through these links. Accordingly, the Nasdaq Company will not be held liable for decisions made based upon information on these linked websites. These links should not serve as an endorsement for any particular vendor’s capabilities or services, as we have no control over the quality, accuracy or comprehensiveness of the information obtained. As always, an independent advisor’s assistance should be sought before making an investment decision.

1. COPYRIGHT AND TRADEMARK NOTICE: The materials contained in the Services, including the works of authorship, content, text, graphics, images, audio, video, information and data including the “Look and Feel” (collectively “Content“) are owned, licensed, or controlled by the Nasdaq Company, its affiliates, or its licensor as the owner, licensor, or provider of such Content. The Content is protected by copyrights, trademarks, service marks, trade secrets, and/or other proprietary rights and laws of the United States and other countries. Except as expressly authorized by the Nasdaq Company, you may not copy, reproduce, transmit, display, perform, distribute, sell, rent, sublicense, adapt, alter, edit, store for subsequent use, create any derivative works from, offer products or services based on, or otherwise commercially exploit in whole or in part in any manner the Content without the prior written consent of Nasdaq. User agrees to abide by all copyright notices, information, or restrictions contained in or attached to any content or portion of the Nasdaq Company Site or Services. A number of the trademarks, service marks, and logos used in the Services are registered and unregistered trademarks and/or service marks owned by Nasdaq or its affiliates in the United States and certain other countries throughout the world (collectively, the “Nasdaq Marks“). Nothing contained in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Nasdaq Marks without the written permission of Nasdaq. Any misuse of the Nasdaq Marks is strictly prohibited and may violate trademark laws. Other brands or product names used on the Nasdaq Company Site are trademarks and/or service marks of their respective owners, should be treated as such, and may be registered in various jurisdictions.

1. DISCLAIMERS: All CONTENT MATERIALS, INFORMATION, SOFTWARE, FUNCTIONS, PRODUCTS, AND SERVICES INCLUDED IN OR MADE AVAILABLE THROUGH THE NASDAQ COMPANY SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. WHILE THE NASDAQ COMPANY ENDEAVORS TO PROVIDE ACCURATE, UP-TO-DATE INFORMATION, THE INFORMATION, CONTENT, PRODUCTS, AND SERVICES AVAILABLE ON THE NASDAQ COMPANY SITE MAY INCLUDE INACCURACIES OR UNRELIABLE DATA.MOREOVER, THE NASDAQ COMPANY MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE NASDAQ COMPANY SITE OR IN THE INFORMATION, CONTENT, PRODUCTS AND SERVICES DESCRIBED IN THE NASDAQ COMPANY SITE AT ANY TIME, FOR ANY REASON.YOU ACKNOWLEDGE THAT YOUR USE OF THE NASDAQ COMPANY SITE IS SOLELY AT YOUR RISK.IN ADDITION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE NASDAQ COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE NASDAQ COMPANY SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE NASDAQ COMPANY SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION TRANSMITTED THROUGH THE NASDAQ COMPANY SITE.FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, THE NASDAQ COMPANY AND ITS AFFILIATES DISCLAIM ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE NASDAQ COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE NASDAQ COMPANY SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. THE NASDAQ COMPANY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE NASDAQ COMPANY SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
2. LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE NASDAQ COMPANY BE LIABLE TO USER OR TO ANY OTHER ENTITY OR INDIVIDUAL FOR ANY LOSS OF PROFITS OR REVENUES, LOSS OF USE, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF GOODWILL, OR FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE NASDAQ COMPANY SITE OR WITH THE DELAY OR INABILITY TO USE THE NASDAQ COMPANY SITE, OR FOR ANY INFORMATION, CONTENT, PRODUCTS AND SERVICES OBTAINED THROUGH THE NASDAQ COMPANY SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THE NASDAQCOMPANY SITE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF THE NASDAQ COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN THOSE STATES/JURISDICTIONS, THE NASDAQ COMPANY’S LIABILITY IS LIMITED TO THE EXTENT PERMISSIBLE BY LAW. IF, NOTWITHSTANDING THE ABOVE, THE NASDAQ COMPANY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO THE USE OF THE NASDAQ COMPANY SITE, YOU AGREE THAT YOUR SOLE REMEDY AND THE SOLE LIABILITY OF THE NASDAQ COMPANY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY USER TO THE NASDAQ COMPANY FOR THE SPECIFIC SERVICES GIVING RISE TO THE LIABILITY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY, LESS ANY REFUNDS, CREDITS  OR OTHER MONETARY REMEDY RECEIVED BY USER  DURING THE SAME PERIOD. THERE SHALL BE ONLY ONE AGGREGATE LIABILITY CAP UNDER THIS AGREEMENT EVEN IF THERE ARE MULTIPLE CLAIMS; EACH CLAIM SHALL REDUCE THE AMOUNT AVAILABLE IN THE AGGREGATE LIABILITY CAP. THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. TO THE EXTENT PERMITTED BY LAW, ANY CLAIM OR DISPUTE UNDER THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR FROM THE DATE GIVING RISE TO THE DISPUTE.  YOU AGREE YOU ARE PERMANENTLY BARRED TO BRING A CLAIM FOR YOUR DISPUTE IF YOU DO NOT FILE YOUR CLAIM WITHIN ONE YEAR.
3. INDEMNIFICATION: User will indemnify and hold harmless the Nasdaq Company, its affiliates, and each of their respective employees, officers, directors, shareholders, consultants, information providers and suppliers, vendors, licensors, licensees, and other agents from and against any and all claims and losses imposed on, incurred by or asserted as a result of or related to: (a) any non-compliance by User with the terms and conditions hereof; or (b) any third-party actions related to User’s receipt and use of the Services and content, whether authorized or unauthorized under the Agreement. Any cooperation by Nasdaq in such defense is without waiver of any attorney-client, work product, or other legal privileges.
4. GOVERNING LAW:  This Agreement shall be deemed to have been made in the United States of America in the State of New York and shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the State of New York, without reference to principles of conflicts of laws thereof. PLEASE NOTE THAT BY AGREEING TO THESE TERMS, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE BOROUGH OF MANHATTAN IN THE STATE OF NEW YORK OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE BOROUGH OF MANHATTAN IN THE STATE OF NEW YORK FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS; AND (4) AGREEING THE NASDAQ COMPANY ALSO RETAINS THE RIGHT TO BRING ANY SUIT, ACTION, OR PROCEEDING AGAINST ME IN MY COUNTY OR RESIDENCE OR ANY OTHER RELEVANT COUNTRY AND I FURTHER WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER ME BY SUCH COURTS AND TO VENUE IN SUCH COURTS. The Nasdaq Company makes no representation that the materials on the Nasdaq Company Site are appropriate or available for use in locations outside the United States, and access to them from territories where any of the contents of the Nasdaq Company Site are illegal are prohibited. Those who choose to access the Nasdaq Company Site from other permissible locations do so on their own volition and are responsible for compliance with applicable local laws.
5. ARBITRATION: At the Nasdaq Company’s sole discretion, it may require you to submit any claims or disputes arising from this Agreement or use of the Nasdaq Company Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Commercial Arbitration Rules of Arbitration of the American Arbitration Association applying the laws of the State of New York.
6. FORCE MAJEURE: Notwithstanding any other term or condition of this Agreement, the Nasdaq Company shall not be obligated to perform or observe its obligations undertaken in this Agreement if prevented or hindered from doing so by circumstances beyond its control.
7. WAIVER AND SEVERABILITY: No failure on the part of any of the Nasdaq Company or User to exercise, no delay in exercising, and no course of dealing with respect to any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or privilege preclude any other or further exercise thereof or if the exercise of any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provisions to persons or circumstances other than those as to which they are held invalid or unenforceable, shall not be affected thereby and each such term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
8. OTHER RIGHTS: The Nasdaq Company reserves the right to a) take any action we deem necessary or appropriate in our sole discretion, including if we believe that a User’s use of the Services infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Nasdaq Company Site or the public, or could create liability for the Nasdaq Company, or b) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
9. TERM AND TERMINATION: This Agreement will take effect at the time the User begins using the Nasdaq Company Site, thereby indicating acceptance of this Agreement and at each use thereafter the User shall be deemed to have reaffirmed his or her acceptance of this Agreement. The Nasdaq Company reserves the right at any time and for any reason in its sole discretion to deny any User access to the Nasdaq Company Site or any portion thereof, and to terminate this Agreement. Termination will be effective without notice.
10. SURVIVAL OF PROVISIONS: The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely, obligations relating to Copyright and Trademark Notice, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and Arbitration.

If you have any questions about these Terms and Conditions, please contact us here.

Reporting Copyright Infringement on the Services

The Nasdaq Company respects the intellectual property rights of others. If a copyright owner believes that their copyright-protected content appears and/or is otherwise made available on the Nasdaq Company Site without authorization, the copyright owner may, per the U.S. Digital Millennium Copyright Act (DMCA), initiate a “notice-and-takedown” procedure to have the content removed.

The following is an overview of how the DMCA notice-and-takedown procedure operates:

1. If a copyright owner believes that the Nasdaq Company Site includes infringing content, the copyright owner may send a corresponding Notification of Claimed Infringement to the Nasdaq Company.
2. Provided that the Notification of Claimed Infringement is effective, the Nasdaq Company will: (i) promptly remove the content; and (ii) promptly provide the Notification of Claimed Infringement to the content owner and notify the content owner that the content has been removed.
3. If the content owner believes that the Notification of Claimed Infringement was wrongfully submitted (due to mistake or misidentification), the content owner may send a Counter-Notification to the Nasdaq Company.
4. If the Nasdaq Company receives an effective Counter-Notification, then the Nasdaq Company will send a Reinstatement Notification to the copyright owner. This Reinstatement Notification will indicate that the removed content will be reinstated in not less than ten (10) business days and no more than fourteen (14) business days, unless the Nasdaq Company first receives notice from the copyright owner that a legal action has been initiated by the copyright owner in relation to the content.
5. There are a number of items of information that a Notification of Claimed Infringement or a Counter-Notification must include in order to be effective; additionally, in order to be effective, the Notification of Claimed Infringement and Counter-Notification must be sent to a particular person designated for this purpose (the Nasdaq Company’s “Designated Agent”). Information regarding the requirements for Notification of Claimed Infringement and Counter-Notification, as well as contact information for the Designated Agent, are provided below.

Under 17 U.S.C.§ 512(f), a Notification of Claimed Infringement or Counter-Notification that includes a knowing material misrepresentation may subject the submitter of such Notification of Counter-Notification to damages, including costs and attorney’s fees.

Requirements for an Effective Notification of Claimed Infringement

For your Notification of Claimed Infringement to be effective, it must include substantially the following items of information:

• A physical or electronic signature of a person authorized to act for and on behalf of the copyright owner;
• Identification of the copyrighted work(s) claimed to have been infringed;
• Identification of the content that is claimed to be infringing, and information reasonably sufficient to permit the Nasdaq Company to locate the content (e.g., specific URLs where the content may be found);
• Information reasonably sufficient to permit the Nasdaq Company to contact you, including an address, telephone number, and, if available, an electronic mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or any law; and
• A statement that the information in the notification is accurate and, UNDER PENALTY OF PERJURY, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Requirements for an Effective Counter-Notification

For your Counter-Notification to be effective, it must include substantially the following items of information:

• Your physical or electronic signature;
• Identification of the content and the location (e.g., URL) at which the content appeared before it was removed;
• A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the content was removed as a result of mistake or misidentification;
• Your name, address, and telephone number; and
• A statement that you consent to the jurisdiction of Federal District Court for the judicial district of Manhattan, New York, NY, and that you will accept service of process from the person who provided the Notification of Claimed Infringement or an agent of such person.

Contact Information for Designated Agent

As noted above, a Notification of Claimed Infringement or must be sent to the Nasdaq Company’s Designated Agent to be effective. The Nasdaq Company’s Designated Agent can be reached as follows (email preferred):

1. Via email at: dmca@nasdaq.com
2. Via post at: Office of General Counsel ATTN: IP Department – Copyright Agent Nasdaq, Inc. 805 King Farm Blvd., 2nd Floor Rockville, MD 20850

Repeat Infringers.  The Nasdaq Company will in appropriate circumstances terminate the accounts of users, subscribers, or account holder who repeatedly infringe the copyrights or other intellectual rights of others.