| |
| |
Home
> Terms of Services
Terms of Services
Welcome to Beyondbond. You must agree to the terms set forth in this
Agreement to continue the Registration and to use the Beyondbond Web
site.
1. You represent that you have read and agree to be bound by the terms
and conditions of this Agreement ("Agreement") with www.beyondbond.com.
You agree to comply with U.S. law regarding the transmission of any
data obtained from the Site (as defined herein) in accordance with
the Agreement, not to use the Site for illegal purposes, and not to
interfere or disrupt networks connected to the Site.
2. You are granted limited right to utilize the Site in accordance
with the Agreement. You acquire no additional rights or licenses in
or to the Site and materials contained within the Site. If you download
content from the Site, you must do so in accordance with the Agreement,
and you retain all copyright and other proprietary notices. Such download
is licensed to you by Beyondbond ONLY for your own use in accordance
with the Agreement and does not transfer any other rights to you.
3. The financial calculators accessible through this site are provided
by Beyondbond. The financial market information, news and research
(collectively "Information") accessible through this site
are prepared by information providers ("Information Providers")
that are independent of Beyondbond. Analyst research and opinions
("Research Reports") available through this Web site have
been obtained or developed by various third-party investment bankers
and other entities (the "Research Providers"). This Web
site, including but not limited to Information and Research Report,
certain calculators, text, content, photographs, video, audio and
graphics (the "Site"), is protected by copyrights, trademarks,
service marks, international treaties and/or other proprietary rights
and laws of the US and other countries. All individual components
and elements making up the Site are properties of Beyondbond, Information
Providers, Research Providers, or their licensers and are protected
by applicable copyright laws. You agree to abide by all applicable
copyright and other laws, as well as any additional copyright notices
or restrictions contained in the Site.
4. You acknowledge that the Site has been developed, compiled, prepared,
revised, selected and arranged by Beyondbond and others (including
Information Providers and Research Providers and certain other information
sources ("Providers")) 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 Beyondbond and such others. You agree
to protect the proprietary rights of Beyondbond and all others having
rights in the Site during and after the term of this agreement and
to comply with all reasonable written requests made by Beyondbond
or its Providers to protect their and others' contractual, statutory
and common law rights in the Site. You agree to notify Beyondbond
in writing promptly upon becoming aware of any unauthorized access
or use of the Site by any party or of any claim that the Site infringes
upon any copyright, trademark or other contractual, statutory or common
law rights.
5. You agree not to copy, reproduce, transfer, retransmit, disseminate,
sell, recompile, decompile, disassemble, reverse engineer, distribute,
publish, broadcast, circulate, dispose of, publish, display, perform,
modify, upload to, create derivative works from, or commercially exploit
the Site or any information, analysis, calculation results, and/or
presentation contained in the Site in any manner without the express
written consent of Beyondbond and/or Providers and relevant others.
Beyondbond reserves the right to terminate your access to the Site
in part or in whole, and to take any other action Beyondbond deems
appropriate, in its sole discretion, without limitation for any reason
whatever including but not limited to breach of this Agreement or
discontinuance of Beyondbond's access to any third party content or
termination of one or more agreements between Beyondbond and any Providers.
You may not use the Site for any illegal purpose or in any manner
inconsistent with the Agreement. You may not submit any content that
violates intellectual property rights of others or that is defamatory,
threatening, or obscene, or is in violation of any applicable Federal,
State, or local laws, regulations, or codes.
6. Modification of the Site's content would be a violation of Beyondbond's
and Providers' copyright and other proprietary rights. Additionally,
you may not offer any part of the Site for sale or distribute it over
any other medium including but not limited to over-the-air or cable
television or radio broadcast, a computer network or hyperlink framing
on the internet without the prior written consent of Beyondbond. The
Site and the information contained therein may not be used to construct
a database of any kind. Nor may the Site 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 Site in any way to improve the quality
of any data sold or contributed by you to any third party. Furthermore,
you may not use any of Beyondbond's trademarks, trade names or service
marks in any manner which creates the impression that such names and
marks belong to or are associated with you or are used with Beyondbond's
consent, and you acknowledge that you have no ownership rights in
and to any of these names and marks. You may not use the Site or the
information contained therein in unsolicited mailings or spam material.
You will not use any of Beyondbond's trademarks, trade names or service
marks in unsolicited mailings or spam material. You may not spam or
send unsolicited mailings to any person or entity using the Site.
7. You acknowledge that (a) the Site is provided for information purposes
only and is not intended for trading purposes, (b) the Site includes
information taken from third party sources, (c) the provision of certain
parts of the Site is subject to the terms and conditions of other
agreements to which Beyondbond is a party. Neither Beyondbond nor
the Providers (a) guarantee the accuracy, suitability, timeliness,
completeness or correct sequencing of Calculation Results, the Information
or Research Reports, or (b) warrant any results from use of the Calculation
Results, Information or Research Reports. Calculation Results, Information
or Research Reports have been prepared as of the date(s) indicated
and may become unreliable because of subsequent market or economic
circumstances. Neither Beyondbond nor Providers are under any obligation
to update Information or opinions contained in any Calculation Results,
Research Report or continue to offer Information or Research Reports
regarding any company or security. From time to time, Beyondbond and/or
Providers may be unable to provide Information and/or Research Reports
with respect to certain companies with which Beyondbond, Providers,
or their respective affiliates have certain business relationships.
You acknowledge that the Site and anything contained therein, including,
but not limited to, content, services, goods or advertisements (the
"Items") are provided "AS IS". You agree that
your use of the Site is at your sole risk and that Beyondbond makes
no warranty of any kind, express or implied, as to the Items, including,
but not limited to, merchantability, noninfringement, title or fitness
for a particular purpose or use.
8. Accordingly, anything to the contrary herein set forth notwithstanding,
Beyondbond, its officers and employees, general partner, affiliates,
subsidiaries, successors and assigns, Providers, suppliers and agents,
and its third-party agents shall not, directly or indirectly, be liable,
in any way, to you or any other person for any: (a)inaccuracies or
errors in or omissions from the Site including, but not limited to,
quotes, calculations, analysis, and financial data; (b)delays, errors
or interruptions in the transmission or delivery of the Site; or (c)loss
or damage arising therefrom or occasioned thereby, or by any reason
of nonperformance.
9. In no event, including but not limited to negligence, shall Beyondbond,
the third party content providers or the research providers or other
persons transmitting the information or research reports be liable
to you or anyone else for any direct, consequential, incidental, special,
punitive, exemplary, or indirect damages (including, but not limited
to, lost business, lost profits, trading losses and damages that may
result from the use of or the inability to use Site or any links,
or any of the Site's individual contents or information or any provision
of the Agreement or from inconvenience, delay or loss of use of information
or research reports or for omissions or inaccuracies in the information
or the research reports on the Site) even if Beyondbond has been advised
of the possibility of such damages. As a condition to using the Site,
you expressly waive any claim you may have against Beyondbond, any
third party information or research provider, or any other person
with respect to any information or research report. There is no warranty
of merchantibility, no warranty of fitness for a particular use, and
no warranty of non-infringement. There is no warranty of any kind,
express or implied, regarding the information or the research reports.
Applicable law may not allow the limitation or exclusion of liability
or incidental or consequential damages. In no event shall Beyondbond's
total liability to you for all damages, losses and causes of action
(whether in contract or tort, including but not limited to, negligence)
exceed the amount paid by you, if any, for accessing this Site.
10. The content of other Web sites, services, goods or advertisements
that may be linked to the Site is not maintained or controlled by
Beyondbond. Beyondbond is therefore not responsible for the availability,
content or accuracy of other Web sites, services or goods that may
be linked to, or advertised on, the Site. Beyondbond does not (a)
make any warranty, express or implied, with respect to the use of
the links provided on, or to, the Site, (b) guarantee the accuracy,
completeness, usefulness or adequacy of any other Web sites, services,
goods or advertisements that may be linked to the Site or (c) make
any endorsement, express or implied, of any other Web sites, services,
goods or advertisements that may be linked to the Site. Beyondbond
is also not responsible for the reliability or continued availability
of the telephone lines and equipment you use to access the Site. You
understand that Beyondbond and/or third-party contributors to the
Site may choose at any time to inhibit or prohibit their content from
being accessed under the Agreement.
11. Beyondbond does not warrant that the Site is compatible with your
equipment or that the Site is free of errors or viruses, worms or
"Trojan horses" and is not liable for any damage you may
suffer as a result of such destructive features. You agree that Beyondbond,
its Providers, and its third-party agents shall have no responsibility
or liability for (i) any injury or damages, whether caused by the
negligence of Beyondbond, its employees, subcontractors, agents, Suppliers
or otherwise arising in connection with the Site and shall not be
liable for any lost profits, losses, punitive, incidental or consequential
damages or any claim against Beyondbond by any other party or (ii)
any fault, inaccuracy, omission, delay or any other failure in the
Site caused by your computer equipment or arising from your use of
the Site on such equipment.
12. None of the Information or Research Reports constitutes a recommendation
or a solicitation by Beyondbond or a recommendation or solicitation
that any particular investor should purchase or sell any particular
security in any amount, or at all. The Information and the Research
Reports are not and are not intended to provide tax, legal or investment
advice. Neither Beyondbond nor any Information or Research Provider
assesses for you, or any particular investor, the suitability of any
particular investment. Beyondbond does not assess for you, or any
particular investor the potential value of any particular investment
or the suitability of any Information source or Research Provider.
Beyondbond and/or its employees or directors may have positions in
securities referenced in Information or Research Reports, and may,
as principal or agent, buy from or sell to customers. Consultants
to Beyondbond may have, or may have clients with, positions in securities
referenced in Information or Research Reports. Beyondbond may perform
investment banking or other services for, or solicit such services
from, any company mentioned in Information or Research Reports.
13. You represent, warrant and covenant that: (a) you have the power
and authority to enter into this agreement; (b) you are at least eighteen
(18) years old; (c) you shall not use any rights granted thereunder
for any unlawful purpose; and (d) you shall use the Site only as set
forth in the Agreement.
14. You agree, at your own expense, to indemnify, defend and hold
harmless Beyondbond and its employees, representatives, Providers,
suppliers and agents, against any claim, suit, action or other proceeding
brought against Beyondbond, its employees, representatives, Providers,
suppliers and agents, by a third party, to the extent that such claim,
suit, action or other proceeding brought against Beyondbond, its employees,
representatives, Providers, suppliers and agents is based on or arises
in connection with the Site, or any links on the Site, including,
but not limited to: (a) your use or someone using your computer's
use of the Site; (b) your use or someone using your account, where
applicable; (c) a violation of the Agreement by you or anyone using
your computer (or account, where applicable); (d) a claim that any
use of the Site by you or someone using your computer (or account,
where applicable) infringes any Intellectual Property Right (as herein
defined) 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, or any unauthorized use of, the Site by you or someone using your
computer (or account, where 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 thereunder. You agree to pay any and all costs, damages and expenses,
including, but not limited to, reasonable attorneys' fees and costs
awarded against or otherwise incurred by or in connection with or
arising from any such claim, suit, action or proceeding attributable
to any such claim.
15. Either you or Beyondbond may terminate the Agreement with or without
cause at any time and effective immediately. You may terminate the
Agreement by discontinuing use of the Site and destroying all materials
obtained from the Site. These Agreement will terminate immediately
without notice from Beyondbond if you, in Beyondbond's sole discretion,
fail to comply with any provision of these Agreement. Upon termination
by you or upon notice of termination by Beyondbond, you must destroy
promptly all materials obtained from the Site and any copies thereof.
Sections two through thirteen (2-13) and fifteen through twenty-two
(15-22) shall survive any termination of the Agreement.
16. These Agreement shall be governed and construed in accordance
with the laws of the United States and the laws (but not the choice
of law doctrines) of the state of New York, regardless of whether
you reside or transact business with Beyondbond in New York or elsewhere,
without giving effect to conflicts-of-law principles thereof. You
agree to submit to the personal jurisdiction of the state and federal
courts located in New York County in the State of New York with respect
to any legal proceedings that may arise in connection with the Site
or from a dispute as to the interpretation or breach of the Agreement.
17. Beyondbond does not represent that the Site are appropriate or
available for use in countries outside the United States. If you choose
to access the Site from outside the United States, you are responsible
for compliance with applicable foreign and local laws. Software from
the Site is further subject to United States export controls and may
not be downloaded, exported or re-exported (a) into (or to a national
or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan,
or any other country to which the US has embargoed goods or (b) to
anyone on the US Treasury Department's Table of Deny Orders. By using
the Site, you represent and warrant that you are not located in, controlled
by or a national or resident of any such country or on any such list.
18. Beyondbond has the right to change the content or technical specifications
of any aspect of the Site at any time at Beyondbond's sole discretion.
You further accept that such changes may result in your being unable
to access or use the Site.
19. If any provision of the Agreement is found invalid or unenforceable,
that provision will be enforced to the maximum extent permissible,
and the other provisions of these Agreement will remain in force.
20. The Agreement and any other terms and conditions of service on
www.beyondbond.com, and its successor, constitute the entire agreement
between you and Beyondbond and govern your use of the Site.
21. As part of the registration and account creation process necessary
to obtain access to certain Beyondbond CMO products and services,
you will need to select a log-in identification ID and a password.
If so, you will provide Beyondbond with certain registration information,
all of which must be accurate and updated. You shall not (i) select
a log-in ID already used by another person; (ii) use a log-in ID in
which another person has rights without such person's authorization;
or (iii) use a log-in ID or password that Beyondbond, in its sole
discretion, deems offensive, misleading, or inappropriate. You shall
be solely responsible for maintaining the confidentiality of your
log-in ID and password. You shall immediately notify Beyondbond at
feedback@beyondbond.com of any known or suspected unauthorized use(s)
of your log-in account, or any known or suspected breach of security,
including loss, theft, or unauthorized disclosure of your password,
registration, or credit card information, if applicable. You are solely
responsible for all usage or activity on your Beyondbond account,
including but not limited to use of the account by any third party
authorized by you to use your log-in ID and password. Any fraudulent,
abusive, or otherwise illegal activity may be grounds for termination
of your account, in Beyondbond's sole discretion, and Beyondbond may
refer you to appropriate law enforcement agencies. You may terminate
your account at any time by sending an e-mail to feedback@beyondbond.com
Upon termination, you will receive an confirmation via e-mail that
the request was received, and your account will be terminated within
four (4) business days. You are responsible for all charges, if any,
incurred up to the time the account is terminated.
Go to TOP
^
|
|
|
