American Marketing Association (AMA)
TERMS OF SERVICE
Date of last revision: December 22, 2008
1. ACKNOWLEDGEMENT AND ACCEPTANCE OF
TERMS OF SERVICE
Welcome to American Marketing Association (AMA), a social networking site. The American Marketing Association (AMA) services and network
(collectively, “American Marketing Association (AMA)”) are operated by Ramius Corporation and its corporate
affiliates (collectively, “us”, “we”, or the “Company”). By accessing or using American Marketing Association (AMA) at http://ama.sixent.net, or any version derived or
originating thereof (together, the “Service”), or by posting a link or button
to any of the Services on your site or page, you (collectively “you”, “your”, or
the “User”) agree that you have read, understand, and agree to be bound by
these Terms of Service (“Terms of Service” or “Agreement”), whether or not you
are a registered member of American Marketing Association (AMA). We
reserve the right, at our sole discretion and without notice to you, to change,
modify, add or delete portions of these Terms of Service at any time. If revised in any way, the revised Terms of Service
will be posted, with a date at the top of the page indicating when these Terms
of Service were last revised. Your
continued use of the Service after any such revisions to the Terms of Service constitutes
your acceptance of these new Terms of Service.
PLEASE READ
THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION
REGARDING YOUR LEGAL RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND
EXCLUSIONS. SHOULD YOU NOT AGREE TO BE
BOUND BY THESE TERMS OF SERVICE, YOUR ONLY REMEDY IS TO IMMEDIATELY DISCONTINUE
USE OF THE SERVICE. BY USING THE
SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, AND TO REGULARLY
REVIEW THESE TERMS OF SERVICE TO ENSURE THAT YOU ARE INFORMED OF ANY REVISIONS
TO THEM. YOU FURTHER AGREE THAT THESE TERMS
OF SERVICE FORM A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE COMPANY, AND
THAT THIS AGREEMENT CONSTITUTES “A WRITING SIGNED BY YOU” UNDER ANY APPLICABLE
LAW OR REGULATION. ANY RIGHTS NOT
EXPRESSLY GRANTED HEREIN ARE RESERVED BY THE COMPANY.
2. ELIGIBILITY
The Service is only intended for
users who are at least thirteen (13) years of age or older,
or any such older minimum age which is required in the jurisdiction in which
you reside. Anyone accessing,
registering or using the Service who is under the age of 13 is completely
unauthorized, unlicensed and in violation of these Terms of Service. By using the Service, you represent and
warrant that you are 13 years of age or older at the time of your access,
registration or use of the Service, and you agree to be bound and abide by all
the terms and conditions of this Agreement.
Membership in the Service is void where prohibited by the terms of this
Agreement or by law.
It is your sole responsibility to determine if your membership in, or use of,
the Service complies with the law in your jurisdiction. We specifically deny any liability to you or
to any third party if your membership in, or use of, the Service violates the
law in the jurisdiction in which you reside.
3. REPRESENTATIONS OF SUBSCRIBING MEMBER
By
registering and accepting these Terms of Service, you hereby represent, warrant
and covenant to the Company that: (a) you have the legal capacity to subscribe
and accept the Terms of Service as well as be bound by its content; (b) you are
at least 18 (eighteen) years of age, or you are at least 13 (thirteen) years of age and have parental permission to
establish subscription, become a User and be bound by the Terms of Service, or you are such other
minimum age which is required in the jurisdiction in which you reside and have
parental permission to establish subscription, become a User and be bound by
the Terms of Service; (c) you are legally entitled use the Service in the
jurisdiction in which you reside; and (d) you agree to regularly review these Terms of Service and, in the event
of any change in the Terms of Service, you agree to continue to be bound by the new Terms of Service or else immediately discontinue the use of the
Service.
4. SERVICE PROVIDED
In
order to use the Service, you must obtain access to the World Wide Web and
either have access to, or provide all equipment necessary to make such
connection to the Web including a computer, modem or other access device. Users may only access the Service through the
online interface provided by the Company, generally accessible worldwide. However, access may not be available to all
Users in all locations and the Company reserves the right to limit access to
the Service by any User. While limited
free support is provided, you acknowledge and understand that the Company is
not required to provide any free assistance, including any technical or
customer support, in connection with the Service and that your use of the
Service is entirely at your own risk.
5. USER REGISTRATION, PASSWORDS, AND
SECURITY
In consideration of your use of the Service, you
agree to: a) provide true, accurate, current and complete information about yourself
as may be prompted by any registration forms in the Service (“Registration
Information”); b) maintain at all times, profile information which is true,
accurate, current and complete by making changes, additions, or deletions to
your User profile information as required; c) maintain the security of your
password and personal identification at all times; and d) be fully responsible
for the full use of your account and for any actions that take place using your
account.
If any information
provided as part of the Registration Information is not true, accurate, current
or complete, or the Company has reasonable grounds to suspect that your
Registration Information is untrue, inaccurate, not current, or incomplete,
then the Company shall have the right to suspend or terminate your right to use
the Service and refuse to provide any current or future Service to you.
If you
believe that the security of your password has been compromised, you agree to
immediately change your password to eliminate this security risk. If you are unable to change your password, you
agree to notify the Company immediately that your password has been compromised.
You acknowledge that the Company does not protect any User from the
unauthorized use of his/her/its account and/or password and the Company shall
not be held liable for any loss that a User may incur as a result of someone
else using their password or account, either with or without the User’s
knowledge.
You acknowledge that the Company reserves the right to revoke
your user name, or refuse to grant you a user name: (a) that is already in use,
(b) that may be illegal, (c) that may be protected by trade-mark or other
proprietary interest, (d) that is determined by the Company, in its sole
discretion, to be obscene or profane, (e) that was registered without the
intent to use, (f) that was registered with the intent of impersonating another
party, (g) that is otherwise determined by the Company, in its sole discretion,
to be inappropriate.
The User will notify the Company immediately of any known or suspected
unauthorized use, activities or disclosure of the Service, or any other breach
of security. In addition to the general
terms of Indemnification found in section 20 of this Agreement, as well as the
Limitation of Liability terms found in section 22 of this Agreement, the
Company states specifically that it will not be liable for any failure by any User
to comply with the provisions of this section 5 of the Terms of Service.
6. CONTENT AND RIGHTS IN CONTENT
The Service provided to you includes the capability of
creating one or multiple profiles, as well as the ability to create, manage,
and/or participate in one or more communities.
It also provides to you the capability of communication, promotion and
exchange of information and ideas amongst the Users of the Service in respect
of information, data, text, notes, messages, listings, files, photographs, designs,
graphics, applications, software, sounds, videos, music, hyperlinks, profiles
(including your name, image, and likeness), or any other materials submitted to
the Service (herein collectively referred to as the "Content"). All Content is the proprietary property of its
Users, or its licensors, with all rights reserved. By submitting Content for inclusion on the
Service, you warrant and represent that you have the right to grant to the
Company an irrevocable, perpetual, non-exclusive, transferrable, fully paid
royalty free, worldwide license to copy, display, distribute, sublicense,
reproduce, reformat, translate, modify, adapt and publish your Content solely
for the purpose of posting, displaying, distributing, and storing the Content
on the Service. You also grant the
Company the right, as determined by your permission settings, to authorize the
downloading, copying, and/or printing, in whole or in part, any Content that
you have submitted to the Service by other Users for their personal/non-commercial
use. You may remove your Content from
the Service at any time. If you do
remove your Content, the above associated license will automatically expire;
however, you acknowledge and authorize the Company to retain archived copies of
your Content.
Please be aware that certain communities may contain
mature Content, which is unsuitable to minors.
Users must be at least 18 years of age to access and view such areas. In addition
to the general terms of Indemnification found in section 20 of this Agreement
as well as the Limitation of Liability terms found in section 22 of this
Agreement, the Company states specifically that it will not be liable for any
unauthorized access to mature Content.
You are solely responsible for the Content that you
upload, publish, or display on or through the Service, or that you transmit to,
or share with, other Users. You may not
post, transmit, or share Content on the Service that you did not create or that
you do not have permission to post. The
Company does not claim ownership of any Content provided by the Users of the
Service. You retain full ownership of
all your Content and any intellectual property or other rights associated with
your Content.
7. LIMITED LICENSE
Provided that you are eligible to use the Service, you are
granted a limited use, revocable, non-exclusive license to access and use the
Service. Such license is subject to
these Terms of Service and does not include use of any data mining, robots or
similar data gathering or extraction methods. Any use of the Service other than
as specifically authorized herein, without the prior written permission of the Company,
is strictly prohibited and will terminate the license granted herein
immediately. Nothing in these Terms of Service shall be construed as conferring
any license to intellectual property rights, whether by estoppel, implication
or otherwise. This license is revocable at any time without notice and with or
without cause at the sole discretion of the Company.
8. TRADEMARKS
American Marketing Association (AMA), Ramius, and other Company
names, logos, graphics, designs, page headers, buttons, icons, and scripts are the
registered and/or unregistered trademarks or the Company and/or third parties. No rights are conferred upon you, either
expressly or by implication, to use the trademarks. The Company’s trademarks, and the trademarks
of third parties, may not be copied, imitated, or used in any manner, in whole
or in part, in connection with any product or service without the express prior
written permission of the Company or respective third party.
9. USER CONDUCT
You understand that, except for any
advertising programs offered by the Company within the Services, the Services
are available for your personal, non-commercial use only. You represent, warrant, and agree that: a) you
own any Content posted by you to the Service or otherwise have the right to
grant the license set forth in this section, and b) no materials of any kind,
submitted through your account or otherwise posted, transmitted, or shared by
you on or through the Service, will violate or infringe upon the rights of any
third party, including copyright, trademark, privacy, publicity or other
personal or proprietary rights.
International Users agree to comply with all local rules regarding online
conduct and acceptable Content, including laws regulating the export of data to
and from
Content available on
the Service is provided by Users of the Service who are independent of the
Company. Accordingly, you acknowledge that all Content whether publicly posted
or privately transmitted is the sole responsibility of the person from whom
such Content originated. Since the Company does not control the Content, you
understand that it does not guarantee the accuracy, integrity or quality of
such Content. You further understand that by using the Service, you may be
exposed to Content that is offensive, indecent or objectionable.
Further, you represent, warrant, covenant and agree that you will not:
(a) use the Service for commercial purposes;
(b) use the Service for illegal
purposes;
(c) upload, post, publish, transmit, or
reproduce any (i) Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party; (ii) Content that violates
or infringes in any way upon the rights of others, including Content which is
inaccurate, false, hateful, threatening, abusive, offensive, harassing,
unlawful, defamatory, libellous, tortuous, slanderous, invasive of privacy or
publicity rights, vulgar, obscene, profane, or is racially, ethnically or is
otherwise objectionable; (iii) Content that is pornographic, sexually explicit
or contains nudity; (iv) Content that you do not have a right to transmit under
any law or under contractual or fiduciary relationships; (v) unauthorized or
unsolicited advertising, promotional materials, "junk mail",
"spam", "chain letters", "pyramid schemes" or any
other solicitation to other Users except in those areas of the Service that may
be designated for such purposes; (vi) Content which contains software, software
viruses, including Trojan horses, bots, worms or other harmful or destructive
components or features designed to interrupt, destroy or limit the
functionality of any computer software, hardware or telecommunications
equipment; (vii) Content that consists of links to other websites that contain
Content not in compliance with the Terms of Service; or (viii) Content that you
know, or reasonably should know, cannot be legally distributed in such manner;
(d) engage in conduct which in the Company’s
sole discretion restricts or inhibits any other User from using or enjoying the
Service;
(e) create a false identity for the
purpose of misleading others, impersonate any person or entity or falsely state
or otherwise misrepresent your affiliation with any person or entity;
(f) harm minors in any way;
(g) forge or otherwise manipulate
uniform resource locators or other identifiers to disguise the origin of any
Content transmitted through the Service, to acquire unauthorized access to
restricted areas of the Service, or for any other purposes;
(h) interfere with or disrupt the
Service or servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks connected to the
Service;
(i) repeatedly post the same or similar
Content or otherwise impose an unreasonable or disproportionately large load on
the Service;
(j) attempt to gain unauthorized access
to the Service, other accounts, computer systems, networks, or services
connected to the Service, through password mining or any other means;
(k) use meta tag searches or any
automated queries or scripts of any sort on the Service;
(l) reformat or frame any portion of
the Service;
(m) disrupt the normal flow of
dialogue, cause a screen to scroll faster than the other users of the Service are
able to type or otherwise act in a manner that adversely affects the ability of
other Users to engage in real-time exchanges;
(n) violate any applicable local,
provincial, state, national, or international law or any regulations having the
force of law;
(o) Remove any copyright, trademark, or
other proprietary rights notices contained in the Service;
(p) harvest or collect email addresses
or other information of other Users from the Service by electronic or other
means for any unlawful purposes, or other purposes including sending
unsolicited emails or other unsolicited communications;
(q) stalk or otherwise harass another Users;
or
(r) promote or provide instructions,
information or advice about illegal activities, promoting physical harm or
personal injury against any individual or group;
(s) upload, post, transmit, share,
store or otherwise make available any videos other than those of a personal
nature that: (i) are of you or your contacts, (ii) are taken by you or your contacts,
or (iii) are original art or animation created by you or your contacts;
(t) register for more than one User
account, register for a User account on behalf of an individual other than
yourself, or register for a User account on behalf of any group or entity;
(u) upload, post, transmit, share,
store or otherwise make publicly available on the Site any private information
of any third party, including, addresses, phone numbers, email addresses,
Social Security numbers and credit card numbers;
(v) solicit personal information from
anyone under 18 or solicit passwords or personally identifying information for
commercial or unlawful purposes;
(w) upload, post, transmit, share,
store or otherwise make available content that would constitute, encourage or
provide instructions for a criminal offense, violate the rights of any party,
or that would otherwise create liability or violate any local, state, national
or international law.
Should you be found in violation of any part
of section 9 herein, your access to the Service may be terminated immediately,
without notice to you, in accordance with paragraph 17 herein.
Notwithstanding the fact that the Company
does not review, screen or edit the Content posted to the Service, the Company
reserves the right (but is under no obligation) to monitor, edit, delete, or
remove (without notice to you) any Content transmitted or received through or
on the Service if, in the sole discretion of the Company, the Content violates
these Terms of Service, or if the Company otherwise deems the Content to be objectionable.
Further, you agree that the Company may preserve Content or disclose the Content, if required by
law to do so or if it believes in good faith that the preservation or
disclosure is reasonably necessary to (i) comply with local process, (ii)
enforce the Terms of Service, (iii) respond to claims that any Content violates
the rights of third parties; or (iv) protect the rights, property or personal
safety of the Company, Users of the Service and the public at large.
10. USER DISPUTES
You are solely responsible for your interactions with other Users of the
Service. We reserve the right, but have
no obligation, to monitor the interactions and disputes between you and other
Users of the Service. In addition to the
general terms of Indemnification found in section 20 of this Agreement as well
as the Limitation of Liability terms found in section 22 of this Agreement, the
Company states specifically that it will not be liable in any way as a party to
any disputes between you and another User.
11. THIRD PARTY LINKS
The Service may contain or facilitate the receiving of, links to other
websites or resources (“Third Party Sites”).
As these Third
Party Sites are not under the control of the Company, you acknowledge and agree
that the Company shall not be responsible for the availability of any Third
Party Sites. Further, since the Company
does not investigate, monitor, or check for accuracy, appropriateness, or
completeness any of the Third Part Sites, it is not responsible or liable for
any content, advertising, products or other materials located on or through any
Third Party Sites. Links provided to Third Party Sites do not represent
endorsements of any information, products or services on such sites, and no
information on such sites has been approved or endorsed by the Company. Under
no circumstances shall the Company be held responsible or liable for any loss
or damages caused or alleged to have been caused by use of or reliance on any
content, goods, or services available on such Third Party Sites. Once you
decide to access the Third Party Site, potentially leaving the Service, you do
so at your own risk and you agree that any of our terms and policies that may
have protected you no longer apply. Any
concerns that you may have regarding any Third Party Sites should be directed
to its respective site administrator or Webmaster.
12. ADVERTISING
In consideration of your use of the Service, you
acknowledge and agree that the Company may arrange for the placement of
advertising messages, banners, images, text or other communications
(collectively referred to as "Advertising") throughout the Service,
unless provided for otherwise in a separate written agreement between you and
the Company. You agree that you will not make any attempt to remove, alter,
inhibit or obstruct the transmission or display of any such Advertising, to
alter the location of its display in any manner or to engage in any act that
may result in diminishing the value of such Advertising on the Service. Your
communication or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including the payment and delivery
of related goods and services, and any other terms, conditions, warranties or
representations in connection with such dealings are solely between you and the
advertiser and you agree that the Company shall not be liable or in any way
responsible for any loss or damage of any sort through such dealings or arising
from advertisers on the Service.
You agree that you are prohibited from advertising on the Service, including
ads served via an ad-server service, in any way, shape, or form, unless
otherwise provided for in a separate written agreement between you and the
Company. You further consent to email
notifications from the Company regarding the Service or other services that the
Company may offer.
13. NO RESALE OF SERVICE
You agree not to resell, reproduce, sell or exploit, for
any commercial purpose, the Service, or any portion thereof, without the prior
written consent of the Company. Notwithstanding the foregoing and except as
otherwise provided in a separate agreement between you and the Company, you are
permitted to resell or exploit portions of the Service for revenues or
benefits, provided that such revenues or benefits shall not exceed amounts
actually paid to the Company by you for the Service during any calendar year,
and providing that you communicate to all third-parties that the reselling or
exploitation of the Services is provided by you and not by the Company. Should you enter into any third-party
relationships as a result of reselling this Service, you acknowledge and agree
that such third-party relationships are strictly between you and said
third-party and that Ramius shall not be held liable for any dealings you may
have with any such third parties. You
also agree that any fees payable to the Company for use of the Service are
payable regardless of any amounts due from any third-party relationships you
may have and under no circumstance will the Company he held liable for any
non-payment of any fees charged by you to any User.
14. STORAGE, RESOURCES AND BACKUP
You acknowledge and agree that the Company shall not be
responsible for any deletion, miscommunication or the failure to store any
Content on the Service. The Company may
establish limitations on the amount of memory, disk space, activity, bandwidth
or any other resource available on the Service. The Company performs regular
backups of all Content and stores it for a limited
time. The Company shall not be liable
for any failure to backup or restore any Content, nor shall it be liable for
any for interruptions, delays, unavailability, or suspensions of access to the
Service, for whatever reason and however caused.
15. MODIFICATIONS TO SERVICE
The Company reserves the right, from time to time and at
any time, to modify, suspend or discontinue the Service (or any part thereof)
with or without notice to you, and you agree that the Company shall not be
liable to you or to any third party as a result of any modification, suspension
or discontinuation of the Service.
Any and all changes made to the Service, including without
limitation the modification, addition, or deletion of any features to the
Service shall be subject to these Terms of Service.
16. PRIVACY
The privacy of our Users is of primary importance to us here at Ramius
Corporation. By using the Service, you
agree to comply with all relevant aspects of the Company’s privacy policy, and you
are consenting to have your personal data transferred to, and processed in,
You specifically authorize the Company to release any information where the
Company believes in good faith that disclosure is reasonably necessary to
comply with the law or legal process, to enforce the Terms of Service, or to
protect itself, the Users, or others. In addition to the general terms of Indemnification found
in section 20 of this Agreement as well as the Limitation of Liability terms
found in section 22 of this Agreement, the Company states specifically that it
will not be liable for any losses incurred or damages suffered as a result of
disclosure which the Company makes under the terms of this section 16.
In addition, due to the nature of the Internet and other factors, privacy in
your communications cannot be assured and this should always be considered when
deciding to transmit confidential or other information through the Service.
For more information regarding our Privacy Policy, please click here.
17. TERMINATION
Except as otherwise provided in a separate written
agreement between you and the Company, you agree that the Company may, in its
absolute and sole discretion, terminate your account, or all or any part of
your access to the Service, and may remove and discard any of your profile or Content
at any time for any reason, including, without limiting the generality of the
foregoing: (a) a determination by the Company that you have violated or are
threatening to violate these Terms of Service or any other published policy of the
Company, (b) a determination by the Company that you have accessed or are attempting to access
any part of the Service without authorization, or (c) the discontinuance by the
Company of the Service, or any part thereof, for any reason whatsoever. You
also acknowledge that the Company may in its sole discretion, terminate your
membership if your user name, email address or any of the information you have
entered as part of your profile record is offensive or inaccurate. You further
acknowledge and agree that the Company reserves the right to delete any Content
or terminate accounts that are unpaid (where and if applicable) and/or inactive
for a period greater than 181 days, unless provided otherwise in a separate
written agreement between you and the Company. You acknowledge and agree that
any actions taken by the Company under this paragraph may be effected without
prior notice to you, and you further acknowledge and agree that the Company may
immediately terminate your access to the Service or bar you from any further
access to the Service. Further, you acknowledge and agree that the Company
shall not be liable to you or to any third party for any actions taken by the
Company under this paragraph, including without limitation, the termination of
your access to the Service. Termination,
pursuant to the Terms of Service, may be made without notice and will be
effective immediately.
Upon termination: (i) the Company may remove and destroy
all User Content from its servers; and
(ii) where applicable, any and all remaining fees payable for the
Service will become due and payable immediately by User.
In no event will any fees or amounts paid in advance for any Service become
refundable upon termination of the Service in accordance with the terms of the
Terms of Service.
Where a User’s access to the Service is terminated pursuant to these Terms of
Service, such User shall be prohibited from re-registering for, or continuing
to use, the Service in any manner and/or for any reason whatsoever.
18. SERVICE MAINTENANCE
Periodically, the Service may become unavailable due to required
maintenance. You agree that the Company
assumes no responsibility for any errors, omission, interruption, deletion,
defect, delay in operation or transmission, communications line failure, theft
or destruction or unauthorized access to, or alteration of, User communications
due to any Service unavailability.
19. PROPRIETARY RIGHTS
You acknowledge and
agree that the Service and any necessary software used in connection with the
Service (the "Software") are the sole property of the
Company and contain proprietary and
confidential information protected by applicable intellectual property and
other laws.
You further
acknowledge and agree that content, including but not limited to, information,
text, notes, messages, listings, files, software, music, sound, photographs,
graphics, designs, video, hyperlinks, or other materials contained in
advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service-marks, patents or
other laws governing intellectual property and proprietary rights.
Except as expressly
authorized by the Company, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based upon the Service or the Software in
whole or in part. You agree not to modify, copy, reproduce, republish, upload,
post, transmit, sell or distribute in any way, Content available through the
Service, the rights of which you do not already own.
20. INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company and its
subsidiaries and affiliates and their respective directors, officers,
shareholders, employees, agents, partners, clients and contractors from and
against any loss, liability, claim, demand, damage, cost and expense (including
reasonable legal fees) asserted by any third party due or arising from or in
connection with your use of or conduct on the Service, your Content, your
violation of the Terms of Service, or your violation of any rights of another User.
The Company reserves the right to assume the exclusive defence and control of
any matter otherwise subject to indemnification by you, which shall not excuse
your indemnity obligations.
21. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT THE SERVICE AND ANY CONTENT ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE COMPANY EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT
LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATIONS OF
RIGHTS.
THE COMPANY MAKES NO WARRANTY THAT THE SERVICE WILL MEET
YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE,
RELIABLE, CURRENT OR ERROR-FREE. THE
COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICE, THAT THE RESULTS THAT MAY BE OBTAINED
FROM SUCH USE WILL BE RELIABLE OR ACCURATE OR THAT THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS.
THE COMPANY MAKES NO WARRANTY THAT DEFECTS IN ITS SOFTWARE WILL BE
CORRECTED OR THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT ANY OF THE MATERIAL AND/OR
OTHER DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICE IS DONE
AT YOUR OWN DISCRETION AND RISK. THE COMPANY
IS NOT RESPONSIBLE FOR ANY TECHNICAL MALFUNCTION, DAMAGE, OR ANY OTHER PROBLEM TO
ANY COMPUTER SYSTEM, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF
SUCH MATERIAL OR DATA. THE COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS THAT MAY
RESULT TO ANY INTERNET ACCESS EQUIPMENT, COMPUTER SYSTEM, SERVER, PROVIDER,
MOBILE COMPUTING OR COMMUNICATION EQUIPMENT, OR SOFTWARE DUE TO TECHNICAL
PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, OR WITH THE SERVICE, OR A
COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE (FINANCIAL OR OTHERWISE) TO
USERS, OR ANY SOFTWARE OR HARDWARE RELATED TO OR RESULTING FROM USING OR
DOWNLOADING MATERIALS OR DATA IN CONNECTION WITH THE USE OF THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
22. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL
THE COMPANY, NOR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN
IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM (I) THE USE OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO
DELETION OR LOSS OF CONTENT, DEFECTS OR DELAYS IN TRANSMISSION, OR ANY FAILURE
OF ANY COMPUTER HARDWARE OR SOFTWARE, OR THE INTERNET), (II) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM THE COST OF ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE, (III) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (IV) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR, (V) ANY OTHER MATTER RELATING TO
THE SERVICE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY
YOU TO THE COMPANY FOR THE SERVICE DURING THE TERM YOU ARE A USER, BUT IN NO
CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $500. YOU ACKNOWLEDGE THAT IF
NO FEES ARE PAID TO THE COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO
INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE
ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF
ACTION.
IF YOU ARE DISSATISFIED WITH THE SERVICE, THE MATERIALS
AVAILABLE ON OR THROUGH THE SERVICE, OR WITH ANY OF THE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE
SERVICE IMMEDIATELY.
23. SPECIAL ADMONITION FOR COMMUNITIES
RELATING TO FINANCIAL MATTERS
If you intend to use the Service to receive or request any
news, messages, alerts or other information concerning
companies, stock quotes, investments or securities, please re-read sections 20,
21 and 22 again. In addition, for this type of information, particularly the
expression "Let the investor beware" would be particularly applicable
to you or any other User. The Service is provided for informational purposes
only and no Content included in the Service is intended for trading purposes.
The Company cannot be responsible for the content or accuracy of any
information transmitted via the Service, and shall not be responsible for any
trading or investment decisions made based on such information.
24. NOTICE
Notices may be sent to you or you may send notices to the
Company via either e-mail or regular mail. The Service may also provide
notifications of any changes to the Terms of Service or other matters
pertaining to the Service by displaying notices or links to notices generally
on the Service.
You acknowledge and agree that any questions, comments, suggestions, ideas,
feedback or other information about the Service provided by you to the Company
are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights,
including all intellectual property rights, and shall be entitled to the
unrestricted use and dissemination of any of the above mentioned communications
for any purpose, commercial or otherwise, without acknowledgment or
compensation to you.
25. GENERAL
The failure of the Company to exercise its rights or
insist upon the performance of the User's obligation hereunder shall not
constitute a waiver or relinquishment of those or any other rights under these
Terms of Service.
If any provision of the Terms of Service is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavour to give effect to the parties intentions as
reflected in the provision and the other provisions of the Terms of Service
shall continue to be binding on and remain in full force and effect.
The Terms of Service, together with any separate written
or online agreement between you and the Company constitutes the entire and only
agreement, and supersedes any prior agreements between you and the Company,
(including, but not limited to all prior versions of the Terms of Service,
where applicable).
By visiting or using the Service, you agree that the Terms
of Service and the relationship between you and the Company shall be governed
by and construed in accordance with the laws of the
You agree that regardless of any statute or law to the
contrary, any action, suit or proceeding arising out of or related to the use
of the Service or to the Terms of Service must be commenced within 1 year after
such claim or cause of action arose or be forever barred.
Section titles in the Terms of Service are for convenience
only and have no legal or contractual effect or significance.
Unless otherwise specified, the terms
"includes", "including", "e.g.,",
"for example", and other similar terms are deemed to include the term
"without limitation" immediately thereafter. Terms used in these
Terms of Service with the initial letter(s) capitalized will have the meaning
attributed to them in these Terms of Service.
It is the express wish of
the parties that the Terms of Service and all related documents have been drawn
up in English. C'est la volonté expresse des parties
que la présente convention ainsi que les documents qui s'y rattachent soient
rédigés en anglais.
26. VIOLATIONS
Please report any violations of the Terms of Service to our compliance
department by e-mail to compliance@ramius.net.