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PLEASE READ THIS DATAVIEW, LLC USER AGREEMENT ("Agreement") BEFORE USING
DATAVIEW, LLC'S ("Dataview") WEB SITE, WEBINARS OR PRODUCTS, INCLUDING
BUT NOT LIMITED TO HOTSCANS, MARKETGAUGE & MARKET HOTSPOTS (collectively,
the "Service"). By continuing to access or use the Service, you signify
YOUR ACCEPTANCE OF THIS AGREEMENT. From time to time, Dataview may modify
this Agreement, without notice to you. Accordingly, please continue to
review this Agreement whenever accessing or using the Service. Your use
of the Service, after the posting of modifications to this Agreement,
will constitute YOUR ACCEPTANCE OF THIS AGREEMENT, as modified. If, at
any time, you do not wish to accept this Agreement, you may not use the
Service. Any terms and conditions proposed by you which are in addition
to or which conflict with the terms and conditions of this Agreement are
expressly rejected by Dataview and shall be of no force and effect.
User Assent to Agreement. You represent that
you have read and agree to be bound by this Agreement for the Service.
You further agree (a) to comply with U.S. law regarding transmission of
any data obtained from the Service in accordance with the terms, (b) not
to use the Service for illegal purposes and (c) not to interfere or disrupt
networks connected to the Service.
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Intellectual Property. The Service, and Webinars
is a financial information and software service provided by Dataview.
The Service, Webinars and all software used in connection with the Service
or Webinar and all information provided by Dataview in the Service or
Webinar, are owned by or licensed to Dataview. The Service or Webinar,
including but not limited to data, software, information, text, content,
and graphics, contain proprietary and confidential information that is
protected by all applicable copyrights, trademarks, service marks, patents,
international treaties and/or other proprietary rights and laws of the
U.S. and other countries. The Service or Webinar is also protected as
a collective work or compilation under U.S. copyright and other laws and
treaties. All individual elements making up the Service or Webinar are
also copyrighted works. You agree to abide by all applicable copyright,
patent, and other laws, as well as any additional copyright notices, patent
notices, or restrictions contained in the Service or Webinar. User further
acknowledges and agrees that Content contained in advertisements in the
Service or information presented to User through the Service or advertisers
is protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. User expressly acknowledges Dataview's title
to the copyright of the Service or Webinar, and that Dataview is the owner
of all proprietary rights in the Service or Webinar, including the selection,
compilation, arrangement, and format of the information furnished via
the Service or Webinar. You agree that you acquire absolutely no rights
or licenses in or to the Service or Webinar and materials contained therein
other than the limited, non-exclusive, personal, non-transferable right
and license to utilize the Service or Webinar on a single computer, in
accordance with the Agreement, provided that User does not (and does not
allow any third party to) copy, modify, create a derivative work of, reverse
engineer, reverse assemble or otherwise attempt to discover any source
code, sell assign, sublicense, grant a security interest in or otherwise
transfer any right in the Service or Webinar. User agrees not to modify
the Service or Webinar in any manner or form, or to use modified versions
of the Service, or Webinar including (without limitation) for the purpose
of obtaining unauthorized access to the Service. User agrees not to access
the Service by any means other than through the interface that is provided
by Dataview for use in accessing the Service.
Restrictions on Use. As a condition of your use of the
Service or Webinar we require you to expressly be aware that the Service
or Webinar was developed, compiled, prepared, revised, selected and arranged
by Dataview and/or its third-party providers of information for inclusion
in the Service (collectively, "Information Providers") through the application
of methods and standards of judgment developed and applied through the
expenditure of substantial time, effort and money. The Service and Webinar
constitutes valuable intellectual property and contains trade secrets
of Dataview and/or its Information Providers. The information received
through the Service is for your personal use only. You specifically agree
as a pre-condition to accessing and using the Service to protect the copyrights
and all other proprietary rights of Dataview and its Information Providers
to the Service during and after the term of this Agreement. You acknowledge
that the right to use the Service transfers no title, or proprietary rights
in or to the Service and Webinar other than the right to use the Service.
You agree to use the Service solely for your own noncommercial use, and
you further agree not to alter the presentation, reproduce, duplicate,
retransmit, rent, lease, loan, disseminate, sell, resell, transfer, re-license,
transmit, copy, reverse engineer, modify, translate, decompile, recompile,
disassemble, distribute, redistribute, publish, broadcast, create derivative
works from, otherwise reproduce, circulate or commercially exploit the
Service, any portion of the Service, or access to the Service, in any
manner whatsoever without the express prior written consent of Dataview.
You agree not to use, transfer, distribute or dispose of any information
contained in the Service in any manner that could compete with the business
of Dataview. You also agree to not use the Service, or knowingly allow
any other person to use the Service, for any unlawful purpose, and to
use the Service in compliance with all applicable laws and regulations.
You shall notify Dataview immediately if you become aware of any unauthorized
use of the Service or the information transmitted via the Service, or
of any claim that the Service infringes upon any copyright, trademark
or other contractual, statutory or common law rights. The information
provided by the Service, including all commentary in Webinar services
is not intended to provide any tax, legal, or investment advice. The information
provided by the Service and Webinar does not constitute a solicitation
or recommendation by Dataview of the purchase or sale of any security
or investment.
Miscellaneous.
This Agreement and the Service or Webinars are subject to change by
Dataview at any time, and from time to time. Dataview may modify,
change or discontinue the Service, Webinar (or any part thereof),
or its availability to User, temporarily or permanently, at any time
with or without notice, for any reason whatsoever, in Dataview's sole
discretion. User agrees that Dataview shall not be liable to User
or to any third party for any modification, suspension or discontinuance
of the Service, User's access to the Service, and/or this Agreement.
Nothing in this Agreement shall prevent Dataview from distributing
or licensing the Service or providing the Service to any other party
in its sole discretion, whether directly or through any other vendor
and/or distributor.
Dataview, shall, in its sole discretion, have control over the content
of the Service. User acknowledges and agrees that User shall not make
any changes, deletions, restatements, modifications or amendments
to the Service without the prior written consent of Dataview.
Dataview and its Information Providers shall not be liable to the
user for any delay or default in providing the Service resulting from
any circumstances beyond their reasonable control.
In order to use the Service, you may have to obtain access to the
World Wide Web, either directly or through devices that access web-based
content, and pay any service fees associated with such access. In
addition, you must provide all equipment necessary to make such connection
to the World Wide Web, including a computer and modem or other access
device.
User's correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between User and such advertiser. User agrees that Dataview
shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Dataview has no control
over such sites and resources, User acknowledges and agrees that Dataview
is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for
any Content, advertising, products, or other materials on or available
from such sites or resources. User further acknowledges and agrees
that Dataview shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such Content, goods or services available
on or through any such site or resource.
Information Providers. User acknowledges and
agrees that Dataview may provide to User certain information and/or data
which may be obtained by Dataview from Information Providers. Each of
Dataview's Information Providers has represented to Dataview that the
information and/or data has been obtained from sources that are believed
by such Information Providers to be reliable. However, due to the possibility
of errors, neither Dataview nor any Information Provider guarantees the
accuracy, adequacy or completeness of any information and/or data supplied,
nor shall Dataview or any Information Provider be liable for any errors,
omissions or delays therein, or for the results obtained from the use
of such information and/or data, or for any damages whatsoever in connection
with User's use of the information and/or data. User acknowledges and
agrees that proprietary rights in such information and/or data belongs
to Dataview and/or the Information Providers. If any Information Provider
determines that User should not be entitled to receive any part of the
information and/or data, Dataview under its agreement with the Information
Provider may be required to suspend delivery of such information and/or
data to User. User agrees to comply with the terms of any agreement between
Dataview and any Information Providers. User agrees to indemnify Dataview
and hold Dataview harmless from any and all losses, claims, liabilities,
and obligations that may arise as a result of User's failure to comply
with an agreement between Dataview and any Information Provider in connection
with User's receipt and utilization of the Service.
Indemnification. User agrees to indemnify
Dataview from and against any and all liabilities, expenses (including
attorney's fees), and damages arising out of claims resulting from User's
use of the Service, User's connection to the Service, or User's violation
of the Agreement, including any claims that if the allegations were true
would constitute a breach of this Agreement.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
Except as expressly provided in this Agreement, Dataview, the Information
Providers to Dataview, and any of their respective affiliates, employees,
directors, officers, members, managing members, and agents ("Dataview
and Providers") make no other representations or warranties of any
kind, whether oral or written, express, implied or statutory respecting
either the Service, any of the information transmitted via the Service,
Webinars or the results to be obtained therefrom by User or others,
and there is expressly excluded and disclaimed all warranties of merchantability,
non-infringement and fitness for a particular purpose. Notwithstanding
any provision of this Agreement to the contrary, Dataview and Providers
shall not have any liability with respect to their obligations thereunder
for indirect, compensatory, consequential, exemplary, special, incidental,
multiple, punitive or similar damages sustained or incurred in connection
with the Service, regardless of the form of the action and whether
such damages were or should have been foreseen or were unforeseen,
even if Dataview has been advised of the possibility of such damages
including, but not limited to, loss of use, revenue, profits or savings.
No employee, salesperson, vendor or other agent or purported agent
of Dataview and Providers, is authorized to make any warranties, representations
or guaranties to the contrary of the foregoing, and any such purported
warranties, representations or guaranties shall not be relied upon
as having been given by or on behalf of Dataview and Providers.
User acknowledges that its use of the Service is at its sole risk
and that the Webinar or Service's data, the Service, Webinar and anything
contained therein, is provided to User or others "as is", and has
been obtained by Dataview from sources believed to be reliable. Dataview
and Providers make no warranty, representation or guarantee of any
kind that any of the Service, Webinar and any software will meet User's
individual requirements, be compatible with their equipment, or that
any operation of any of the Service and any software will be uninterrupted
or error free or that any defects can be corrected, or that the Service
is free of errors or viruses, worms, or "Trojan Horses", and Dataview
and Providers are not liable for any damage User and others may suffer
as a result of such destructive features.
Dataview and Providers also disclaim and exclude all liability for
damages, expenses or losses of any kind whatsoever, direct or indirect,
which may arise out of any obligation of Dataview under this Agreement,
occasioned directly or indirectly by a cessation, interruption, delay,
discontinuation, reduction or alteration of the Service or any part
thereof, by any error, omission, incompleteness or misleading effect
in the data supplied by or with the Service, Webinar or by any failure,
malfunction or other result produced by either hardware or software
included in the Service, or from any other non-performance, defective
performance, or late performance due to any cause whatsoever, including
errors due solely to malfunction of Dataview and Providers controlled
equipment or programs or failure or negligence of Dataview and Provider
operators or programmers.
Dataview and Providers will not be liable for damages relating to
any investment decisions of any kind whatsoever or to the outcome
of any investment decisions of any kind whatsoever that may be made
by anyone, including but not limited to User, on the basis of the
Service or Webinar. In particular and without limiting the generality
of the foregoing, Dataview and Providers make no warranty, representation
or guaranty as to the sequence, accuracy, truth, currentness, timeliness
or completeness of the Service or any quotations furnished thereby,
market information, data or other information or data provided by
the Service hereunder or that any such information or data disseminated
may be relied upon for trading purposes. User and others shall independently
determine market prices for trading purposes through their own customary
trading channels. Further, User and others acknowledge that it is
their responsibility to verify any information upon which they or
any of their associates or clients expects to take actions with financial
consequences. User's sole and exclusive remedies against Dataview
and Providers with respect to the Service and any quotations, market
information, and any other information and data, and any errors, inaccuracy,
omissions or delay therein or thereof, shall be limited to Dataview's
issuing corrected information as soon as reasonably practicable following
Dataview's knowledge thereof or receipt of written notice of such
problem from Users and others.
The provisions of this Section shall survive the termination of this
Agreement without regard to the basis of termination or the party
terminating.
Governing Law. This Agreement shall be deemed to
be subject to, and shall be construed in accordance with, the laws of
the United States and the State of New York without giving effect to its
principles of conflicts of laws. All parties agree to submit themselves
to the jurisdiction of the State of New York.
Severability. Any determination that any provision
of this Agreement or any application thereof is invalid, illegal, or unenforceable
in any respect in any instance shall not affect the validity, legality,
and enforceability of such provision in any other instance, nor the validity,
legality, or enforceability of any other provision of this Agreement.
Headings. Headings herein are for convenience of reference
only and shall in no way affect interpretation of the Agreement.
Entire Agreement. This Agreement constitutes the entire
agreement between the parties and supersedes all previous or contemporaneous
agreements, promises, representations, whether written or oral, between
the parties with respect to the subject matter hereof.
Official Correspondence. Official Correspondence must
be sent via postal mail to: Dataview, LLC, 105 South Bedford Road, Mount
Kisco, New York 10549.
Termination. Dataview may terminate the Agreement for
any reason whatsoever, with or without cause, and with or without notice,
at any time and effective immediately, in Dataview's sole discretion.
User agrees that Dataview shall not be liable to User or to any third
party for any such termination of this Agreement.
Modifications. No modification, amendment, or waiver
of any provision of this Agreement shall be effective unless in writing
and signed by all of the parties hereto. The failure of either party at
any time to enforce any of the provisions of this Agreement shall in no
way be construed as a waiver of any such provision and shall not affect
the rights of either party thereafter to enforce any such provision in
accordance with its terms.
Notice. Notices to Users may be made by either email
or regular mail. The Service may also provide notices to Users of changes
to the Agreement or other matters by displaying notices or links to notices
generally on the Service.
Dow Jones & Company, Inc. - Terms and Conditions of Use, Disclaimer
Intellectual Property of Dow Jones & Company, Inc.: The Dow Jones
Averages SM and The Dow Jones Global Indexes SM are compiled, calculated
and distributed by Dow Jones & Company, Inc. and have been licensed
for use. All content of The Dow Jones Averages SM, and The Dow Jones
Global Indexes SM (C) 1997 Dow Jones & Company, Inc. All Rights Reserved.
Such Dow Jones & Company, Inc. information includes but is not limited
to that information displayed along with the following labels or abbreviations
thereof: "Dow Jones SM," "The Dow Jones Indexes SM," "The Dow Jones
Averages SM," "Dow Jones Industrial Average SM," "DJIASM", "Dow Jones
Transportation Average SM," "DJTA SM," "Dow Jones Utility Average
SM," "DJUA SM," "Dow Jones Composite Average SM," "The Dow Jones Global
Indexes SM," "DJGI SM" and names of the component indexes of The Dow
Jones Global IndexesSM are famous, well-known and internationally
recognized trademarks of Dow Jones & Company, Inc. and have been licensed
for use by Dataview.
Dow Jones & Company, Inc. Limitation of Liability; Disclaimer of Warranties:
DOW JONES AND ITS AFFILIATES, CBOT AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND LICENSORS SHALL NOT BE LIABLE TO VENDOR OR ANY SUBVENDOR OR SUBSCRIBER FOR ANY LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING FROM
ANY INACCURACY OR INCOMPLETENESS IN, OR DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS IN THE DELIVERY OF, THE INDEXES OR ANY OTHER INFORMATION SUPPLIED TO VENDOR, SUBVENDORS OR SUBSCRIBERS OR
ANY DECISION MADE OR ACTION TAKEN BY VENDOR OR ANY SUBVENDOR OR SUBSCRIBER IN RELIANCE UPON THE INDEXES OR ANY OTHER INFORMATION SUPPLIED TO VENDOR, SUBVENDORS OR SUBSCRIBERS. DOW JONES AND ITS AFFILIATES, CBOT AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS EMPLOYEES, AGENTS, REPRESENTATIVES AND LICENSORS SHALL NOT BE LIABLE TO VENDOR OR ANY SUBVENDOR OR SUBSCRIBER FOR LOSS OF BUSINESS REVENUES, LOST PROFITS OR ANY PUNITIVE, INDIRECT, CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF DOW JONES AND ITS AFFILIATES, CBOT AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF ANY LEGAL CLAIM IN ANY WAY CONNECTED TO THE INDEXES EXCEED THE VENDOR FEES PAID BY VENDOR HEREUNDER DURING THE TWELVE (12) MONTHS PRIOR TO THE INCIDENT GIVING RISE TO SUCH CLAIM.
VENDOR EXPRESSLY ACKNOWLEDGES THAT DOW JONES, CBOT AND THEIR RESPECTIVE AFFILIATES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, TO VENDOR OR ANY SUBVENDORS OR SUBSCRIBERS WITH RESPECT TO THE INDEXES, INCLUDING, WITHOUT LIMITATION: (i) ANY WARRANTIES WITH RESPECT TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INDEXES OR (ii) ANY WARRANTIES AS TO THE RESULTS TO BE OBTAINED BY VENDOR, ANY SUBVENDOR OR SUBSCRIBER, OR ANY OTHER PERSON OR ENTITY.
Market Guide A Subsidiary of Multex.com, Inc. Terms and Conditions of Use, Disclaimer
Market Guide A Subsidiary of Multex.com, Inc. is the provider of the Industry and Sector Groups, and Fundamental Data and Earnings Estimates information, for the Service.
All information provided by Market Guide A Subsidiary of Multex.com, Inc. ("Market Guide Information") in the Service is provided by:
Market Guide Inc. - The Benchmark for Quality Financial Information.
All Market Guide Information in the Service, is owned by or licensed to Market Guide A Subsidiary of Multex.com, Inc.. Neither Dataview, LLC nor its clients or subscribers shall acquire any interest in or rights to the Market Guide Information provided by Market Guide A Subsidiary of Multex.com, Inc., except the right to receive and re-license, and redistribute such Market Guide Information in accordance with the provisions of the Distribution License and Data Delivery Agreement between Dataview, LLC and Market Guide A Subsidiary of Multex.com, Inc.. No Market Guide Information shall be duplicated, re-transmitted, re-licensed, or redistributed, except in conformance with this license. No Market Guide Information may be decompiled, rearranged or otherwise used by Dataview, LLC and/or Dataview LLC's users hereunder, except in conformance with this license; nothing may be created by Dataview, LLC using all or part of the Market Guide Information, except in conformance with this license. Dataview, LLC may only furnish Market Guide Information to Dataview, LLC's users in the ordinary course of its business.
Market Guide A Subsidiary of Multex.com, Inc. will obtain the Market Guide Information from sources it considers reliable and will run reasonable control checks on the Market Guide Information, but will not be subject to liability for truth or accuracy of the Market Guide Information conveyed or for its completeness or for errors or mistakes made by humans or machines. Market Guide A Subsidiary of Multex.com, Inc. shall take reasonable steps to control continuing quality of the Market Guide Information. Application of such quality control procedures constitutes the full extent of warranty with regard to the Market Guide Information provided. Dataview, LLC acknowledges that it may be necessary or advisable from time to time, in the ordinary course of Market Guide A Subsidiary of Multex.com, Inc.'s business, and without prior notice, for Market Guide A Subsidiary of Multex.com, Inc. to add, delete and substitute Market Guide Information it makes available to redistributors generally, including Dataview, LLC. Market Guide A Subsidiary of Multex.com, Inc. expressly reserves the right to revise the Market Guide Information and to make changes in content without obligation to notify any person or organization of such changes. NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WILL APPLY TO THE MARKET GUIDE INFORMATION PROVIDED EXCEPT AS SET FORTH ABOVE.