Dataview, LLC User Agreement

 

Agreement Between User and Dataview, LLC

 

 

Note:  The Dataview, LLC Web Site is comprised of various Web pages operated by Dataview, LLC (collectively, the “Web Site”). The Dataview, LLC User Agreement page is hyper-linked from every page in Dataview, LLC’s Web Site, and Products, including but not limited to MarketGauge & Market HotSpots.

 

 

PLEASE READ THIS DATAVIEW, LLC USER AGREEMENT (“Agreement”) BEFORE USING DATAVIEW, LLC’S (“Dataview”) WEB SITE, OR PRODUCTS, INCLUDING BUT NOT LIMITED TO 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.

 

1.   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.

 

2.   Intellectual Property.   The Service is a financial information and software service provided by Dataview. The Service, all software used in connection with the Service, and all information provided by Dataview in the Service, are owned by or licensed to Dataview. The Service, 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 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 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. 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, and that Dataview is the owner of all proprietary rights in the Service, including the selection, compilation, arrangement, and format of the information furnished via the Service. You agree that you acquire absolutely no rights or licenses in or to the Service and materials contained therein other than the limited, non-exclusive, personal, non-transferable right and license to utilize the Service 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.  User agrees not to modify the Service in any manner or form, or to use modified versions of the Service, 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.

 

3.   Restrictions on Use.   As a condition of your use of the Service we require you to expressly be aware that the Service 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 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, 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 is not intended to provide any tax, legal, or investment  advice. The information provided by the Service does not constitute a solicitation or recommendation by Dataview of the purchase or sale of any security or investment.

 

 

4.   Miscellaneous.   

a.      This Agreement and the Service are subject to change by Dataview at any time, and from time to time. Dataview may modify, change or discontinue the Service (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.

b.      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.

c.      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.

d.      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.

e.      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.

f.        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.

g.      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.

 

5.       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.

 

6.        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.

 

7.                             Disclaimer of Warranties; Limitation of  Liability.

 

a.                  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, 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.

 

b.      User acknowledges that its use of the Service is at its sole risk and that the Service’s data, the Service, 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 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.

 

c.         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, 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.

 

d.         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. 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.

 

e.     The provisions of this Section shall survive the termination of this Agreement without regard to the basis of termination or the party terminating.

 

8.         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.

 

9.      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.

 

10.              Headings.   Headings herein are for convenience of reference only and shall in no way affect interpretation of the Agreement.

 

11.              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.

 

12.              Official Correspondence.   Official Correspondence must be sent via postal mail to:  Dataview, LLC, 105 South Bedford Road, Mount Kisco, New York 10549. 

 

13.              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.

 

14.              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.

 

15.              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.

 

16.        Dow Jones & Company, Inc. - Terms and Conditions of Use, Disclaimer

      a.  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," “DJIA^SM”, "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 Indexes^SM  are famous, well-known and internationally recognized trademarks of Dow Jones & Company, Inc. and have been licensed for use by Dataview.

b.    Dow Jones & Company, Inc. Limitation of Liability;  Disclaimer of Warranties:

(a) 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 (i) 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 (ii) 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.

(b) 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.

 

17.         S&P Comstock, Inc. - Terms and Conditions of Use, Disclaimer

       a.  S&P Comstock, Inc. is the provider of the quote information, which is at least 20 minutes delayed, for the Service.

              b. All information provided by S&P ComStock, Inc. ("ComStock") and its affiliates (the "ComStock Information") on the Dataview, LLC, world wide Web Site, and/or in the Service, is owned by or licensed to ComStock and its affiliates and any user is permitted to store, manipulate, analyze, reformat, print and display the Comstock Information only for such user's personal use.  In no event shall any user publish, retransmit, redistribute or otherwise reproduce any ComStock Information in any format to anyone.

             c. Neither ComStock nor its affiliates make any express or implied warranties (including, without limitation, any warranty of merchantability or fitness for a particular purpose or use) regarding the ComStock Information.  The ComStock Information is provided to the users "as is".  Neither ComStock nor its affiliates warrant that the ComStock Information will be uninterrupted or error-free.  Neither ComStock nor its affiliates will be liable to any user or anyone else for any inaccuracy, error or omission, regardless of cause, in the ComStock Information or for any damages (whether direct or indirect, consequential, punitive or exemplary) resulting therefrom.

         d. Dataview, LLC’s customers and/or subscribers agree that their arrangement with Dataview, LLC for receipt of the Comstock Information is subject to termination in the event that the agreement between Dataview, LLC and S&P Comstock, Inc. is terminated for any reason.

         e.  Dataview, LLC’s customers and/or subscribers acknowledge that any and all affiliates of S&P Comstock, Inc. may have the right to terminate provision of the Comstock Information to Dataview’s customers and/or subscribers with or without notice and that neither any such affiliate of S&P Comstock, Inc., S&P Comstock, Inc. nor Dataview, LLC shall have any liability in connection therewith.

 

18.          Market Guide A Subsidiary of Multex.com, Inc. - Terms and Conditions of Use, Disclaimer

        a.  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.

          b.   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. 

Copyright ã 1996 – 2002 Market Guide Inc., 2001 Marcus Avenue, Lake Success, New York 11042.  All rights reserved.

 

        c.  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.

                d.   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.