TERMS AND CONDITIONS OF SERVICE AGREEMENT
The Retirement Solution, Inc., and its subsidiaries and affiliates (collectively, the "Company") provides various software applications that display financial market information including but not limited to current and historical financial information, financial analysis and comparison, news and other company information such as The Retirement Solution, Inc. e-mail (hereinafter referred to collectively as the "Service"). All use of the Service is conditioned on the acceptance, without modification, of the terms, conditions, and notices contained in this Agreement. PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY BEFORE USING THIS SITE OR THE SERVICE. By continuing to access and use this Site, or the Service, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICE. If, at any time, you do not wish to accept these Terms and Conditions of Service you must discontinue your use of this Site and the Service.
1. General. Subject to the terms and conditions of this Agreement, the Company will make available the Service to our users.
2. Modifications to the Terms and Conditions of the Service. The Company reserves the right, at any time and at its sole discretion, to change or modify the terms and conditions of this Agreement or to impose new terms and conditions including, but not limited to, adding fees and charges for the use of the Service. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof. When a new product or service is added to the Service, such new product or service shall be subject to this Agreement.
3. The Service and Information. The Service provides information that is generated by the Company using data obtained from third-party providers (the "Information Providers") as well as from public sources, and are provided for information, education and entertainment purposes only. The Company is not a registered securities broker-dealer or an investment advisor with the U.S. Securities and Exchange Commission or with any state securities regulatory authority. ACCORDINGLY, OUR SERVICE AND MATERIALS DO NOT CONSTITUTE INVESTMENT, ACCOUNTING, TAX, LEGAL, OR OTHER PROFESSIONAL ADVICE OR SERVICES. None of the information provided through the Service is provided with a view to inviting, inducing, recommending, encouraging or discouraging any person from making any type of investment decision, nor should the information be construed as a solicitation, recommendation, endorsement or sponsorship of any industry, company, security, fund, commodity, transaction, investment or investment strategy.
4. Modifications to the Service. The Company reserves the right, at any time and at its sole discretion, to temporarily or permanently change, modify, alter, discontinue, eliminate, add to or enhance the content, functionality, technical specifications or the administration of any aspect of the Service. You acknowledge that such modifications may result in your being unable to access some or all of the Service from time to time.
5. User Consent, Representations and Warranties. By using the Service, you represent and warrant to the Company that you (hereinafter "you" or the "User") have read and agree to be legally bound by this Agreement. You further represent and warrant that: (a) you have the power and authority to enter into this Agreement; (b) you are at least eighteen (18) years old or the minimum legal age to enter into legally binding contracts in the jurisdiction in which you are accessing the Service; (c) you shall use the Service only as set forth in this Agreement; (d) this Agreement is personal to you and the rights and obligations herein are not assignable, transferable, or sub-licensable by you except with the prior written consent of the Company; (e) that you will comply with all United States and international laws regarding the transmission of any data obtained from the Service in accordance with this Agreement; (f) you will not permit anyone whose access to the Service has been terminated from accessing the Service through use of your account; (g) you will not use the Service for any illegal purpose; and (h) you will not interfere or disrupt the Service or the networks connected to the Service, or knowingly permit others to do so, as more fully defined in Section 6 of this Agreement.
6. Anti-Hacking Provision. You may not, nor may you allow others, directly or indirectly, to attempt to or actually: (a) disrupt, disable, impair or interfere with, overburden, alter or modify the Service or restrict or inhibit in any way any other visitor or user from accessing or using the Service, including, without limitation, by means of "hacking," "cracking" or defacing any portion of the Service, the information and/or any activities being conducted on or through the Service; (b) transmit any software, device, routine or other materials that contain any virus, worm, time bomb, "Trojan horse," or other harmful, destructive or disruptive component; (c) use any robot, spider, site search/retrieval application, or other manual or automated device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Service; and (d) collect or harvest any information about other visitors or users of the Service any of the Company's employees, officers, directors, partners, representatives, agents or Information Providers by any means including, but not limited to, those described in this Section 6 of this Agreement. You may not, nor may you allow others, directly or indirectly, to obtain or attempt to obtain any materials or information through any means not made expressly available through the Service. Without limiting the Company's rights under any other provision hereof, this Agreement will be immediately terminated if any User is found to have breached any provision of this Section 6 of this Agreement.
7. Intellectual Property. The Service and any information generated thereby, including but not limited to text, content, layout, design, files, databases, software, processes, procedures, analyses, formulae, applications, proprietary information, photographs, video, audio and graphics, are protected by copyrights, patents, trademarks, service marks, international treaties and/or other intellectual and proprietary rights and laws of the United States and other countries. The Service is also protected as a collective work or compilation under United States copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by the Company through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of the Company. Accordingly, you agree that upon any violation or threatened violation of this Section 7, the Company would sustain irreparable harm and shall be entitled to obtain from any court of competent jurisdiction, without posting any bond or other security, preliminary, temporary and permanent injunctive relief as well as damages and an equitable accounting of all earnings, profits and other benefits arising from such violation or threatened violation, which rights shall be cumulative and in addition to any other rights or remedies in law or equity to which the Company may be entitled. The Company shall further be entitled to the recovery of all attorney's fees and costs incurred by the Company in obtaining such relief. You agree to protect the proprietary rights of the Company and all others having rights in the Service during and after the term of this Agreement and to comply with all reasonable written requests made by the Company or its Information Providers, suppliers of content, equipment or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in the Service. You agree to notify the Company in writing (or click here to contact us electronically) promptly upon becoming aware of any unauthorized access or use of the Service by any party or person, or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights. This Section 7 is independent of any other section or provision of this Agreement and shall survive the expiration or termination of this Agreement, it being understood that but for this Section 7, the Company would not have entered into this Agreement.
8. Trademarks. All trade names, trademarks, service marks and other product and service names and logos (individually and collectively the "Trademarks") on the Service are the proprietary Trademarks and are protected by law. All rights not expressly granted to the User are hereby reserved to the Company. Your use of our Trademarks, except as provided herein, is strictly prohibited. 9. Domain Names and URLs. The domain names employed by the Company to deliver the Service and the URLs incorporating and based upon those domain names, are trademarks or service marks of the Company, whether or not registered in any particular country, and may not be used or linked without the express written consent of the Company. No license is granted to use the name of the Company or any of its domain names or URLs in association with any information obtained from the Service.
10. License. You acquire absolutely no ownership, rights or licenses in or to the Service and the information contained in or provided through the Service other than the limited right to utilize the Service in accordance with the this Agreement and nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark or proprietary interest of the Company or any third party.
11. Rights Reserved. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, at all times be and remain the sole and exclusive property of the Company. All present and future rights in and title to the Service (including the right to exploit the Service or any portions thereof over any present or future technology) are reserved to the Company for its sole and exclusive use. Except as specifically permitted by this Agreement, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use the Company's Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without the Company's prior written approval and to do so would be in violation of this Agreement.
12. Restrictions on Use. You may not use the Service for any illegal purpose or in any manner inconsistent with this Agreement. You agree to use the Service solely for your own personal, non-commercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity.
13. Additional Restrictions on Use. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ASSEMBLE, REVERSE ENGINEER, OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE, DISTRIBUTE, DISSEMINATE, CIRCULATE, PUBLISH, TRANSLATE, DISPLAY, ADAPT, PERFORM, MODIFY, LICENSE, SUB- LICENSE, RESELL, ASSIGN, LOAD TO, CREATE DERIVATIVE WORKS FROM, BROADCAST, TRANSMIT OR IN ANY WAY EXPLOIT (WHETHER COMMERCIALLY OR OTHERWISE) ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DISPLAY MATERIALS FROM THE SERVICE AND/OR MAKE ONE PRINT COPY ON ANY SINGLE COMPUTER SOLELY FOR YOUR OWN PERSONAL, NON-COMMERCIAL USE; PROVIDED, HOWEVER, THAT YOU RETAIN ALL COPYRIGHT, TRADEMARK AND OTHER PROPRIETARY NOTICES THEREON. THE INFORMATION AND PRESENTATIONS INCLUDED IN THE SERVICE MAY NOT BE RECIRCULATED, REDISTRIBUTED, TRANSMITTED OR PUBLISHED BY YOU WITHOUT THE COMPANY' S PRIOR WRITTEN CONSENT. MODIFICATION OF THE SERVICE IS A VIOLATION OF THE COMPANY'S COPYRIGHT AND OTHER PROPRIETARY RIGHTS AND IS STRICTLY PROHIBITED. FURTHER, YOU MAY NOT OFFER ANY PART OF THE SERVICE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, INTERNET WEBCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMPANY. THE SERVICE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND. NOR MAY THE SERVICE BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL OR PART OF THE SERVICE. YOU MAY NOT USE THE SERVICE IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY.
14. Unsolicited Commercial E-mail ("UCE") or SPAM. The Company strictly prohibits the sending of UCE or SPAM including, but not limited to promotional or advertising materials, "junk mail," "surveys," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorized communication (hereinafter collectively "UCE") using the Service, Materials and/or the Company's equipment, network connectivity, e-mail accounts, domain names or any other property, or service owned, maintained, leased by or otherwise related to the Company activities. The Company will routinely attempt to prevent the use of the Service and/or equipment in, or assisting with, the transmission of UCE. Because the Service includes the transmission of large amounts of subscription-based e-mail, it is important for the Company to maintain a strong public stance against UCE in order to avoid being identified as a UCE source and face possible blacklisting by Internet anti- UCE forces (e.g., MAPS at http://www.mail-abuse.org/).
Although The Company does not engage in sending UCE, it may be the victim of such activity. Senders of UCE may use forged headers that make it appear as if the UCE is originating from the Company's registered domain names. When the Company becomes aware of a UCE incident involving the Company, the following steps will be taken:
15. Linking and/or Framing. You acknowledge that the Service has been specifically designed by the Company for presentation in a unique format and appearance, with the Company's look and feel (collectively the "Look and Feel"), and that such Look and Feel is protected by copyrights, patents, trademarks, service marks, international treaties and/or other intellectual and proprietary rights and laws of the United States and other countries. As such, the Company, without limiting the provisions of this Agreement, expressly prohibits the linking to or framing of the Service in whole or in part without the prior written consent of the Company and to do so would be a violation of this Agreement.
16. Disclaimer and Limitation of Liability. ALTHOUGH THE COMPANY TRIES TO PROVIDE INFORMATION THROUGH THE SERVICE AS ACCURATELY AND TIMELY AS REASONABLY PRACTICABLE, DUE TO THE NUMBER OF SOURCES FROM WHICH THE INFORMATION CONTAINED ON THE SERVICE IS OBTAINED, THE INHERENT HAZARDS OF ELECTRONIC TRANSFER AND THE POSSIBILITY OF INADVERTENT HUMAN OR TECHNICAL ERRORS, YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED THEREIN OR ACCESSED THEREFROM INCLUDING, BUT NOT LIMITED TO, THE INFORMATION, SERVICES, GOODS OR ADVERTISEMENTS (THE "ITEMS") ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT THE COMPANY DOES NOT MAKE, AND EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ANY WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE SERVICE AND/OR THE ITEMS INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NONINFRINGEMENT, COMPATIBILITY, SECURITY, ADEQUACY, ACCURACY, COMPLETENESS, DELIVERY, TIMELINESS, SATISFACTORY QUALITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE. FURTHERMORE, THE COMPANY DOES NOT MAKE, AND EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ANY WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE: (A) THAT THE SERVICE AND/OR THE ITEMS INCLUDING, BUT NOT LIMITED TO THE CALCULATIONS OR FORMULAE UNDERLYING ANY RANKINGS, CLASSIFICATIONS OR EVALUATIONS ON THE SERVICE OR ITEMS, ARE FREE OF ERRORS, INACCURACIES, OMISSIONS OR DELAYS (WHETHER TECHNICAL, TYPOGRAPHICAL OR OTHERWISE) OR THAT SUCH DEFECTS WILL BE CORRECTED, AND THAT THE COMPANY IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH DEFECTIVE FEATURES, AND (B) AS TO ANY RESULTS FROM THE USE, MISUSE, INTERPRETATION OR MISINTERPRETATION OF OR RELIANCE UPON THE SERVICE AND/OR THE ITEMS. IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE THE ACCURACY, ADEQUACY, TIMELINESS, COMPLETENESS AND USEFULNESS OF ALL THE ITEMS AVAILABLE ON OR THROUGH THE SERVICE. IN ADDITION, THE COMPANY DOES NOT MAKE, AND EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ANY WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, THAT THE SERVICE AND/OR THE ITEMS ARE COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE SERVICE AND/OR THE ITEMS ARE FREE OF VIRUSES, WORMS OR "TROJAN HORSES," OR THAT SUCH DESTRUCTIVE FEATURES WILL BE CORRECTED, AND THAT THE COMPANY IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. YOU AGREE THAT THE COMPANY, ITS INFORMATION PROVIDERS, SUPPLIERS AND ITS THIRD-PARTY AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR: (A) ANY INJURY OR DAMAGES, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, THIRD- PARTY AGENTS, INFORMATION PROVIDERS OR SUPPLIERS OR OTHERWISE ARISING IN CONNECTION WITH THE SERVICE AND/OR THE ITEMS AND SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOSSES, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY CLAIM AGAINST THE COMPANY BY ANY OTHER PARTY OR (B) ANY FAULT, INACCURACY, OMISSION, DELAY, MIS-DELIVERY OR ANY OTHER FAILURE IN THE SERVICE AND/OR THE ITEMS THEREON CAUSED BY YOUR COMPUTER EQUIPMENT OR ARISING FROM YOUR USE OF THE SERVICE AND/OR THE ITEMS ON SUCH EQUIPMENT. THE COMPANY IS ALSO NOT RESPONSIBLE FOR THE RELIABILITY OR CONTINUED AVAILABILITY OF THE TELEPHONE LINES AND EQUIPMENT YOU USE TO ACCESS THE SERVICE. YOU UNDERSTAND THAT THE COMPANY, THE INFORMATION PROVIDERS, SUPPLIERS AND/OR ANY OF THE THIRD-PARTY CONTRIBUTORS TO THE SERVICE AND/OR THE ITEMS MAY CHOOSE AT ANY TIME TO INHIBIT OR PROHIBIT THEIR CONTENT FROM BEING ACCESSED UNDER THE THIS AGREEMENT.
17. Additional Disclaimer and Limitation of Liability. YOU ACKNOWLEDGE THAT: (A) THE SERVICE IS PROVIDED FOR INFORMATION PURPOSES ONLY AND ARE EXPRESSLY NOT INTENDED FOR TRADING PURPOSES; (B) OUR SERVICE AND MATERIALS INCLUDE INFORMATION, INCLUDING BUT NOT LIMITED TO STOCK QUOTES AND OTHER MARKET DATA (COLLECTIVELY THE "MARKET INFORMATION") TAKEN FROM THE NEW YORK STOCK EXCHANGE, AMERICAN STOCK EXCHANGE, NASDAQ AND OTHER SOURCES; (C) THE COMPANY DOES NOT GUARANTEE THE SEQUENCE, ACCURACY, ADEQUACY, COMPLETENESS, USEFULNESS OR TIMELINESS OF OUR SERVICE, MATERIALS AND/OR THE MARKET INFORMATION; (D) THE COMPANY DOES NOT WARRANT ANY RESULTS FROM YOUR USE OF OR RELIANCE UPON THE MARKET INFORMATION AS IT MAY QUICKLY BECOME UNRELIABLE FOR VARIOUS REASONS INCLUDING, WITHOUT LIMITATION, CHANGES IN MARKET CONDITIONS OR OTHER ECONOMIC CIRCUMSTANCES; (E) NEITHER THE COMPANY NOR ITS SUPPLIERS ARE OBLIGATED TO UPDATE THE MARKET INFORMATION; AND (F) THE PROVISION OF CERTAIN PARTS OF THE SERVICE IS SUBJECT TO THE TERMS AND CONDITIONS OF OTHER AGREEMENTS TO WHICH THE COMPANY IS A PARTY. ACCORDINGLY, ANYTHING TO THE CONTRARY HEREIN SET FORTH NOTWITHSTANDING, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUCCESSORS AND ASSIGNS, INFORMATION PROVIDERS, SUPPLIERS AND ITS THIRD-PARTY AGENTS SHALL NOT, DIRECTLY OR INDIRECTLY, BE LIABLE, IN ANY WAY, TO YOU OR ANY THIRD-PARTY FOR ANY: (A) INACCURACIES OR ERRORS IN OR OMISSIONS FROM THE SERVICE INCLUDING, BUT NOT LIMITED TO, QUOTES AND FINANCIAL DATA; (B) DELAYS, ERRORS OR INTERRUPTIONS IN THE TRANSMISSION OR DELIVERY OF THE SERVICE; OR (C) LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE. ADDITIONALLY, A POSSIBILITY EXISTS THAT UNAUTHORIZED ALTERATIONS COULD BE MADE BY THIRD PARTIES TO THE SERVICE. ALTHOUGH THE COMPANY ATTEMPTS TO ENSURE THE INTEGRITY OF THE SERVICE, WE MAKE NO GUARANTEES AND EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ANY WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE ACCURACY, ADEQUACY, COMPLETENESS OR CORRECTNESS OF THE SERVICE. IN THE EVENT THAT SUCH A SITUATION ARISES, PLEASE CLICK HERE TO CONTACT US WITH, IF POSSIBLE, A DESCRIPTION OF THE MATERIAL TO BE CHECKED AND THE LOCATION (URL) WHERE SUCH MATERIAL CAN BE FOUND ON THE SERVICE OR MATERIALS, AS WELL AS INFORMATION SUFFICIENT TO ENABLE US TO CONTACT YOU. WE WILL TRY TO ADDRESS YOUR CONCERNS AS SOON AS REASONABLY PRACTICABLE. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE SERVICE.
18. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE COMPANY, ITS INFORMATION PROVIDERS, SUPPLIERS AND ITS THIRD-PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, MULTIPLE, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF THE COMPANY, ITS INFORMATION PROVIDERS, SUPPLIERS AND ITS THIRD-PARTY AGENTS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO A THE COMPANY AUTHORIZED REPRESENTATIVE HAVING BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM THE USE OF OR INABILITY TO USE, OR RELIANCE UPON, THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOST REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS, LOST SALES, LOST OPPORTUNITY, LOST OR WASTED TIME, LOST GOODWILL, LOST DATA, OR OTHER INTANGIBLE DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL ALLEGED DAMAGES AND LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THE SERVICE AND, IN THE ABSENCE OF ANY SUCH PAYMENT, THE COMPANY AND ITS INFORMATION PROVIDERS, SUPPLIERS AND ITS THIRD-PARTY AGENTS SHALL HAVE NO LIABLITY.
19. Stock Quotes and E-mail Alerts. Stock quotes, if provided on the Service, are supplied by a variety of third-party vendors including, but not limited to the Information Providers and Suppliers. Unless otherwise indicated, stock quotes are delayed at least 15 minutes. Your actual receipt of stock quotes and e-mail alerts may be affected by delays in transmission over the Internet and by other causes, and the Company, its Information Providers and Suppliers do not make, and expressly disclaim to the fullest extent permissible pursuant to applicable law, any warranty or representation of any kind, express or implied, statutory or otherwise, regarding the receipt, accuracy, adequacy, completeness, timeliness and/or usefulness of this information. As such, you should always consult a stockbroker or other authorized financial advisor or representative to verify such information as you and/or they deem appropriate before making any stock trades or other financial decisions.
20. Translations into Other Languages. One of the unique features of the Service is its availability in languages other than English. Although the Company tries to provide the most accurate translation of the Service into languages other than English as reasonably practicable, due to differences in grammar, diction and usage between English and other languages, the inherent hazards of language translation and the possibility of inadvertent human or technical errors, you agree that your use of the Service in any language is at your sole risk and acknowledge that the Service, when provided in any language, are done so on an "AS IS" and "AS AVAILABLE" basis and that THE COMPANY DOES NOT MAKE, AND EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ANY WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE SERVICE INCLUDING, BUT NOT LIMITED TO, ADEQUACY, ACCURACY, COMPLETENESS, TIMELINESS AND SATISFACTORY QUALITY OF THE TRANSLATION OF THE SERVICE INTO LANGUAGES OTHER THAN ENGLISH. FURTHERMORE, YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, MULTIPLE, PUNITIVE OR EXEMPLARY DAMAGES AS TO ANY RESULTS FROM THE USE, MISUSE, INABILITY TO USE, INTERPRETATION OR MISINTERPRETATION OF OR RELIANCE UPON THE SERVICE WHEN ACCESSED IN ANY LANGUAGE. IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE THE ACCURACY, ADEQUACY, COMPLETENESS, TIMELINESS AND SATISFACTORY QUALITY OF THE SERVICE WHEN ACCESSING THEM, IN WHOLE OR IN PART, IN ANY LANGUAGE. THE LIMITATION OF LIABILITY IN THIS SECTION 20 OF THIS AGREEMENT SHOULD BE READ IN ADDITION TO AND IN CONJUNCTION WITH THE PROVISION CONTAINED IN SECTIONS 16 THROUGH 18 OF THIS AGREEMENT.
21. Conversion into Other Currencies. Another of the unique features of the Service is that certain financial information contained on the Service including, but not limited to stock quotes, may be converted into currencies other than the U.S. dollar ($) (the "Converted Financial Information"). Although the Company tries to provide the most accurate Converted Financial Information as reasonably practicable, due to constantly changing foreign currency conversion rates, the inherent hazards of such conversion and the possibility of inadvertent human or technical errors, you agree that your use of upon such Converted Financial Information provided on the Service is at your sole risk and you acknowledge that the Converted Financial Information is provided on an "AS IS" and "AS AVAILABLE" basis and that THE COMPANY DOES NOT MAKE, AND EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ANY WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE SERVICE INCLUDING, BUT NOT LIMITED TO, ADEQUACY, ACCURACY, COMPLETENESS, TIMELINESS, AND SATISFACTORY QUALITY OF THE CONVERTED FINANCIAL INFORMATION PROVIDED ON THE SERVICE. FURTHERMORE, YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, MULTIPLE, PUNITIVE OR EXEMPLARY DAMAGES AS TO ANY RESULTS FROM THE USE, MISUSE, INABILITY TO USE, INTERPRETATION OR MISINTERPRETATION OF OR RELIANCE UPON THE CONVERTED FINANCIAL INFORMATION PROVIDED ON THE SERVICE. IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE THE ACCURACY, ADEQUACY, COMPLETENESS TIMELINESS AND SATISFACTORY QUALITY OF THE CONVERTED FINANCIAL INFORMATION PROVIDED ON THE SERVICE. THE LIMITATION OF LIABILITY IN THIS SECTION 21 OF THIS AGREEMENT SHOULD BE READ IN ADDITION TO AND IN CONJUNCTION WITH SECTIONS 16 THROUGH 18 OF THIS AGREEMENT.
22. Links to Third-Party Web Sites. The Service may contain links to third-party web sites (the "Linked Sites"). The content of the Linked Sites including but not limited to information, opinions, recommendations, services, goods or advertisements is not maintained or controlled by the Company. The content of the Linked Sites will not have been developed, checked for accuracy or otherwise reviewed by the Company and your linking to and/or use of the Linked Sites is done so at your own risk and you bear the sole responsibility for your use of the Linked Sites. The Company does not: (a) make any warranty or representation, express or implied, with respect to the use of the Linked Sites provided on, or to, the Service, (b) guarantee the accuracy, adequacy, availability, content, completeness, suitability, timeliness, copyright compliance, legality or usefulness of any of the Linked Sites on the Service or (c) make any endorsement, authorization or sponsorship, express or implied, of any of the Linked Sites on the Service, their content or their sponsoring organizations. The Company shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on any of the Linked Sites on the Service. The Company is providing is providing these Linked Sites only as a convenience to you the User and you the User are solely responsible for abiding by the terms of service and privacy statements posted on the Linked Sites. Any dealings with any third-parties (including advertisers) included within the Service or participation in promotions, including but not limited to the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the third party or advertiser. THE COMPANY EXPRESSLY STATES THAT IT IS NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY AND YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL YOU HOLD THE COMPANY RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY PART OF ANY SUCH TRANSACTIONS.
23. Indemnification. You agree to indemnify, defend and hold harmless the Company and its officers, directors, employees, agents, representatives, contractors, subcontractors, partners, Information Providers and Suppliers (the "Indemnified Parties"), against any liability, claim, suit, action or other proceeding brought against the Indemnified Parties, by a third party, to the extent that such claim, suit, action, arbitration or other proceeding brought against the Indemnified Parties is based on or arises in connection with the Service or the Linked Sites, including, but not limited to: (a) your use or misuse, or the use or misuse of an authorized or unauthorized user using your computer's use of the Service; (b) your use or misuse, or the use or misuse of an authorized or unauthorized user using your account, if applicable; (c) a violation of the this Agreement by you or an authorized or unauthorized user using your computer (or account, if applicable); (d) a claim that any use or misuse of the Service by you or an authorized or unauthorized user using your computer (or account, if applicable) infringes any Intellectual Property Right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (e) any deletions, additions, insertions or alterations to, interruptions of, or any unauthorized use of, the Service by you or an authorized or unauthorized user using your computer (or account, if applicable); (f) any misrepresentation or breach of representation or warranty made by you contained herein; or (g) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, settlements, judgments, damages, liabilities and expenses including, but not limited to, reasonable attorney's fees and costs awarded against or otherwise incurred by or in connection with or arising from any such liability, claim, suit, action, arbitration or proceeding attributable to any such claim. The Company, or a designee appointed at the Company's sole and absolute discretion, may assume exclusive control of any defense or any matter subject to indemnification by you, and you agree to cooperate with us in such event.
24. Force Majeure. The Company shall not be responsible in any manner for any loss or damage occurring as a result of forces beyond its control including, but not limited to, any act of God, natural catastrophe, war, acts of terrorism, pestilence, labor disputes, power shortages or failures, telecommunications disruption, equipment failures, software malfunctions or any other matter, cause or thing which such parties do not control.
25. Termination. Either you or the Company may terminate this Agreement with or without cause at any time and effective immediately. You may terminate this Agreement by discontinuing your use of the Service and immediately destroying all materials obtained from the Service. This Agreement will terminate immediately without notice from the Company if you, in the Company's sole and absolute discretion, fail to comply with any provision of this Agreement or if you, by your use or misuse of the Services, directly or indirectly, cause the Company to be in breach, or potential breach, of any of the provisions of the agreements between the Company and its Information Providers and/or Suppliers. Upon termination by you or upon notice of termination by the Company, you must promptly destroy all materials obtained from the Service and any and all copies thereof. Sections one through four (1-4), six through twenty-five (6-24) and twenty-seven through thirty-two (26-31) shall survive any termination of this Agreement.
26. Governing Law & Jurisdiction. This Agreement shall be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the state of Florida, without giving effect to conflicts-of-law principles thereof. You hereby agree that the state and federal courts located in Broward County, Florida shall constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with this Agreement and the Service, and you hereby consent to submit to the personal jurisdiction of such courts and irrevocably waive any objections thereto, including on the grounds of Forum Non Conveniens, regardless of from where you access the Service.
27. Access Outside the United States. Recognizing the global nature of the Internet, the Company does not represent that the Service is available for use in countries outside the United States. Accordingly, the Service is not intended or distribution to, or use by, any person or entity in any country or jurisdiction where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such country or jurisdiction. If you choose to access the Service from outside the United States, you are responsible for compliance with foreign and local laws.
28. Fees and Payments. The Company reserves the right at any time to charge fees for access to the Service.. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Service by the Company or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Service through your account, and the purchase of any other products or services.
29. Cancellation and Pro-rated Refunds. Subscribers can cancel their subscription(s) at any time for any reason. After a subscriber requests a cancellation, we issue a prorated refund for the unused portion of their subscription(s). Setup fees are non-refundable.
30. Headings. The section headings in this Agreement are for reference purposes only and have no legal or contractual significance and shall have no effect in any way in the meaning or interpretation of this Agreement.
31. Severability. If any provision of the this Agreement is found invalid or unenforceable under applicable law, that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will continue in full force and effect; the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of this Agreement will continue in full force and effect. Furthermore, the Company's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right contained herein.
32. Entire Agreement. This Agreement and any other terms and conditions of service imposed by the Company on the Service and its successor, constitute the entire agreement between you and the Company and govern your use of the Service.