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DISCLOSURE AND USER
AGREEMENT
1. Introduction -
The content,
advertising and market information accessible through this web site, including
but not limited to all design, text, audio, images and financial analysis and
research and other financial market data (the Information) is provided by
Answerco, a Texas company, its affiliates, licensors and various third-party
companies, and their respective officers, directors, members, managers,
partners, employees, affiliates and agents (collectively Answerco). Your review
or use of this information after accessing the web site constitutes your
acceptance of this Disclosure and User Agreement (the Agreement).
The information
provided by Answerco is for information purposes only.
2. Modification and
Monitoring of Web Site -
Answerco reserves the
right, at our discretion, to change, modify, add or remove portions of these
terms at any time without notice to you. We suggest that you check these terms
periodically for changes. The terms can be accessed from the link at the bottom
of our web site pages. If you use this web site after we post changes to the
terms, you accept the changed terms. Answerco expressly reserves the right to
monitor any and all use of this web site. If you do not agree with the terms of
this Agreement or any revised version of this Agreement, do not continue to use
the services or this Site
3. Limits on Use -
Copyright Information -
The Information is the exclusive property of Answerco and is protected by
applicable copyright and trademark law and other proprietary rights.
Unauthorized use of the Information is prohibited. You agree not to copy,
reproduce, download, retransmit, disseminate, sell, rent, sublicense,
distribute, publish, perform, broadcast, display, circulate or commercially
exploit the Information in any manner, or alter, store for subsequent use,
decompile, disassemble, reverse engineer, or otherwise use the Information in
whole or in part without the express written consent of Answerco.
Access and Interference
- You agree not to interfere or attempt to interfere with the proper working of
the Site or any listing on our Site. You agree that you will not take any action
that imposes an unreasonable or disproportionately large load on our
infrastructure. The information on our Site is on a real time basis.
Links to Answerco - Any
rights not expressly granted herein are reserved by Answerco. You may not link
other web sites to this web site without the express written permission of
Answerco.
Password - We will
provide you with the ability to create a member/user name and password to access
the Site and use the services. Member name and password data is kept private in
accordance with Answerco’s Privacy and Security Policies. However, beyond the
Answerco’s domain you are solely responsible for maintaining the security of
your member name and password. You should not disclose your member name or
password to any other person, because you are responsible for any action taken
under your member name or password.
You may not allow
others to use your user name or password to access or use this web site. You
agree to notify Answerco immediately if you become aware of any loss or theft of
your password or any unauthorized use of your password.
Illegal activity - You
agree not to use this Site for unlawful purposes or in an unlawful manner. You
agree to comply with all applicable local, state, federal and international
laws, statutes and regulations regarding use of the Site. You agree not to use
or permit any one to use information provided through the Site for any unlawful
or unauthorized purpose. You agree not to register under a false name or use an
invalid or unauthorized credit card or bank account information.
4. Disclaimers of
Warranties and Liability -
Due to various factors,
including the inherent possibility of human and mechanical error, the accuracy,
completeness and timeliness of the information and the results obtained from its
use, or correct sequencing of the Information is not guaranteed by Answerco or
any persons creating or transmitting the Information. News stories reflect only
the authors opinion and not that of Answerco.
YOUR USE OF THE
INFORMATION IS AT YOUR SOLE RISK. ALL INFORMATION IS PROVIDED AS IS WITHOUT
WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOEVER. IN
PARTICULAR BUT WITHOUT LIMITATION, THERE SHALL BE NO WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT.
TO THE FULLEST EXTENT
PERMISSIBLE UNDER APPLICABLE LAW, Answerco AND/OR OTHER PERSONS CREATING OR
TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE
FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES
THAT ARISE OUT OF YOUR USE OF OR ACCESS TO THE INFORMATION (INCLUDING BUT NOT
LIMITED TO LOST PROFITS, LOSS OF OPPORTUNITY, TRADING LOSSES AND DAMAGES THAT
MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE
USE OF THE INFORMATION), EVEN IF Answerco OR OTHER PERSONS CREATING OR
TRANSMITTING THE INFORMATION SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, Answerco OR OTHER PERSONS
CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR
LIABILITY TO YOU OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT
LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER
OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO.
This site has links to
other (third-party) internet sites which have not necessarily been screened or
reviewed by Answerco and which may contain inaccurate, inappropriate or
offensive material, products or services and the existence of external links
does not constitute an endorsement by Answerco of the linked web site. Answerco
assumes no responsibility or liability with regard to the accuracy, reliability,
legality or decency of such third-party sites, content, products or services.
Answerco and any person creating or transmitting the Information shall not be
liable for any infection by viruses of or damage to any computer that results
from your use of, access to or downloading of the Information. If you are
dissatisfied with the Information, products or services offered at this site or
with the terms and conditions of this Agreement, your sole and exclusive remedy
is to discontinue use of and access to this site and the Information.
You agree to indemnify
and hold Answerco, and its parent, subsidiaries, affiliates, officers,
directors, attorneys, agents and employees, harmless against all liabilities,
costs and expenses (including reasonable attorneys' fees) incurred by Answerco,
and its parent (if applicable), subsidiaries, affiliates, officers, directors,
agents, attorneys and employees that arise out of any claim asserted by a third
party that involves, relates to or concerns any of your actions or omissions.
5. Submission to Web
Site or Personnel, Agents or Employees of Answerco -
Any submissions become
property of Answerco - Any information, ideas, suggestions, communications or
the like sent to Answerco through this Web site are and will be treated as
non-confidential and non-proprietary. You acknowledge and agree that Answerco
is entitled to use, reproduce, disclose, publish, post, broadcast and/or
otherwise distribute or use any information submitted or posted by you for any
purpose and in any medium whatsoever, now known or hereafter developed, without
restriction, compensation or attribution to the person sending or posting the
submission.
You represent and
warrant the accuracy and originality of any submission communicated by you to
Answerco and agree to indemnify and hold Answerco harmless from any claims or
damages arising out of its accuracy, appropriateness and legality.
6. Termination and
Cancellation -
Answerco reserves the
right to modify or terminate this site or any of these terms, and to terminate
your access to this site, without notice at any time.
7. Trademarks -
All trade names,
trademarks, service marks and other product and service names and logos
displayed herein are the proprietary marks and names of their respective owners,
are protected by applicable copyright and trademark laws and may not be used by
you without express authorization. This web site is not owned, sponsored,
approved by or otherwise affiliated with any other entity named herein.
8. Jurisdictional
Issues and Applicable Law -
Unless otherwise
specified, Answerco controls and operates this site from its offices within the
State of Texas, United States of America.
Answerco does not claim
that materials in this site are appropriate or available for use in locations
other than Texas. If you choose to access this site from other locations, you
do so on your own initiative, and you are responsible for compliance with any
applicable local laws. This site is not directed to any person in any
jurisdiction where (by reason of that person's nationality, residence or
otherwise) the publication or availability of this site is prohibited. Persons
in respect of whom such prohibitions apply must not access this site.
Software from this site
is further subject to United States export controls. Software from this site
may not be downloaded or otherwise exported or reexported outside the United
States, without written permission from Answerco. By downloading or using the
Software, you represent and warrant that you are not located in, under the
control of, or a national or resident of any country or territory outside of the
United States or have expressed written consent.
The laws of the State
of Texas govern these terms. If you take legal action relating to these terms,
you agree to file such action only in the Court of the State of Texas in the
City of Dallas, and you consent and submit to the personal jurisdiction of those
courts for the purposes of litigating any action relating to these terms or the
web site.
9. General -
Should any provision of
this Agreement or portion thereof be held illegal or unenforceable by an
appropriate jurisdiction, such provision shall be limited or severed and the
remainder of the Agreement shall continue in full force and effect. Neither the
rights nor the obligations arising under this Agreement are assignable or
transferable by you and any such attempted assignment or transfer shall be void
and without effect.
The failure of either
party to enforce its rights under this Agreement at any time for any period
shall not be construed as a waiver of such rights.
Payment - You will not
be able to use the services of Answerco before you have registered. We consider
registration necessary to help deter fraud, and to protect buyers and sellers
alike. To register, you must provide your real name, company name, address,
phone number and email address. You must provide valid credit card information,
or be granted net terms if approved. Registration data is kept private in
accordance with the terms of this Agreement and Answerco Privacy and Security
Policies.
When you register with
us, you authorize Answerco and its agents, suppliers or subcontractors to make
any inquiries necessary to evaluate your credit information. This may include
ordering a credit report, performing other credit checks, or obtaining address
verification from state motor vehicle departments or other sources.
You, as a Buyer, grant
Answerco permission to charge your credit card for access to Answerco.
Answerco reserves the
right at any time to discontinue, temporarily or permanently, the Site or any
part of the Site with or without notice. You agree that we shall not be liable
to you or any third party for any modification, suspension or discontinuance of
the Site or any services under this Agreement.
Intellectual Property
- We own the intellectual property rights to our Site.
The software and the
Site, including without limitation all text, graphics, logos, buttons, icons,
images, audio clips, and computer programs, are the property of Answerco or its
suppliers, and are protected by U.S. and international copyright, trademark and
other laws. The compilation (meaning the collection, arrangement, and assembly)
of all content on the Site is the exclusive property of Answerco and protected
by U.S. and international copyright law. Any unauthorized reproduction,
modification, distribution, transmission, republication, display, or performance
of the software or the content on the Site is strictly prohibited.
Force Majeure -
Answerco shall not be liable to you for delays or failures in performance
resulting from causes beyond our reasonable control, including, but not limited
to, acts of God, labor disputes or disturbances, material shortages or
rationing, riots, acts of war, governmental regulations, communication or
utility failures, or casualties.
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