Subject to these Terms of Use (this "Agreement"), The
and/or its affiliates, as applicable, (collectively and individually,
"we", "our" "Provider" or "us") make available certain on-line financial
information and services on various web sites ("Our Service" or "Web
Site") to registered and/or authorized users ("you" or "your"). Our
Service presents information, data, content, news, reports and other
materials and services, communications, transmissions and other items,
tangible or intangible, which are referred to as "Material." Your use of
Our Service constitutes your acknowledgment of and assent to be bound by
this Agreement.
Unless there is another written agreement between you and us that
covers your use of part or all of Our Service, this is the entire
agreement between you and us. If there is another written agreement
between you and us that covers your use of part of Our Service, this
Agreement covers all other use of Our Service by you. Whenever new
products or services become available, your use of them will be under
this Agreement unless we notify you otherwise or another written
agreement covers your use of those new products or services. You must
comply with any additional terms which apply to third-party content,
software or other services (collectively, "Third-Party Content"). Such
additional terms for Third-Party Content will be provided to you before
you access such Third-Party Content.
We may change this Agreement at any time and you can read a current
copy of this Agreement at any time by selecting the "Terms of Use" link
on Our Service. If any change is not acceptable, you must discontinue
your use immediately; using Our Service after the date that this
Agreement changes means you accept the changes. No change to this
Agreement that is not posted on the Service is valid unless it is in
writing and signed by both you and us.
Permitted Use, Limitations on Use, TerminationYou may
access and download the Material only as required to view the Material
on your web browser for your personal use, keeping all our copyright and
other notices on the Material. You may print single copies of
insubstantial amounts of Material for your personal use. You may not
republish or distribute any Material or do anything else with the
Material which is not specifically permitted in this Agreement. You
agree to comply with all notices and requirements accompanying
Third-Party Content. We may terminate your access to our Service and to
our Material at our sole discretion at any time with or without
providing notice to you.
Anti-hacking Provision
You may not, nor may you allow
others to, directly or indirectly: (a) attempt to or actually disrupt,
impair or interfere with, alter or modify Our Service or any Material;
or (b) collect or attempt to collect any information of others,
including passwords, account or other information. You may not
decompile, reverse engineer, disassemble, rent, lease, loan, sell,
sublicense, or create derivative works from this Web Site or the
Content. Nor may you use any network monitoring or discovery software to
determine the site architecture, or extract information about usage,
individual identities or users. You may not use any robot, spider, other
automatic software or device, or manual process to monitor or copy our
Web Site or the Content without Provider's prior written permission. You
may not copy, modify, reproduce, republish, distribute, display, or
transmit for commercial, non-profit or public purposes all or any
portion of this Web Site, except to the extent permitted above. You may
not use or otherwise export or re-export this Web Site or any portion
thereof, or the Content in violation of the export control laws and
regulations of the United States of America. Any unauthorized use of
this Web Site or its Content is prohibited.
No Advice or Solicitation/Interest in Securities
Material available on Our Service is for informational purposes only and
should not be construed as an offer to sell, a solicitation of offers to
buy or an endorsement, recommendation or sponsorship of any company or
security. We, our employees and/or providers of Third-Party Content may
invest or otherwise hold an interest in companies or securities
mentioned on Our Service, unless otherwise noted
Links to Third Party SitesVarious links on Our Service
may take you out of Our Service. These linked sites are not necessarily
under our control. We are not responsible for the contents of any linked
page or any other page not under our control. We provide these links
only as a convenience; the inclusion of a link does not imply
endorsement of that linked site.
License of Your Content to ProviderBy uploading content
to or submitting any materials for use on this Web Site, you grant (or
warrant that the owner of such rights has expressly granted) Provider a
perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and
license, with right to sublicense, to use, reproduce, modify, adapt,
publish, publicly perform, publicly display, digitally display and
digitally perform, translate, create derivative works from and
distribute such materials or incorporate such materials into any form,
medium, or technology now known or later developed throughout the
universe. You agree that you shall have no recourse against Provider for
any alleged or actual infringement or misappropriation of any
proprietary right in your communications to us.
No SolicitationYou shall not distribute on or through
this Web Site any content or material containing any advertising,
promotion, solicitation for goods, services or funds or solicitation for
others to become members of any enterprise or organization without the
express written permission of the Provider. Notwithstanding the
foregoing, in any interactive areas of this Web Site, where appropriate
you a) may list along with your name, address and email address, your
own web site's URL and b) may recommend third party Web sites, goods or
services so long as you have no financial interest in and receive no
direct or indirect benefit from such recommended Web site, product or
service or its recommendation. In no event may any person or entity
solicit anyone with data retrieved from this Web Site.
AdvertisersThis Web Site may contain advertising and
sponsorship. Advertisers and sponsors are responsible for ensuring that
material submitted for inclusion on this Web Site is accurate and
complies with applicable laws. Provider will not be responsible for the
illegality of or any error or inaccuracy in advertisers' or sponsors'
materials or for the acts or omissions of advertisers and sponsors.
RegistrationCertain sections of this Web Site require
you to register. If registration is requested, you agree to provide
Provider with accurate and complete registration information. It is your
responsibility to inform Provider of any changes to that information.
Each registration is for a single individual only, unless specifically
designated otherwise on the registration page. Provider does not permit
a) anyone other than you to use the sections requiring registration by
using your name or password; or b) access through a single name being
made available to multiple users on a network or otherwise. You are
responsible for preventing such unauthorized use. If you believe there
has been unauthorized use, you must notify Provider immediately.
Postings to be LawfulIf you participate in interactive
areas on this Web Site, you shall not post, publish, upload or
distribute any messages, data, information, text, graphics, links or
other material ("Postings") which is unlawful or abusive in any way,
including but not limited to any Postings that are defamatory, libelous,
pornographic, obscene, threatening, invasive of privacy or publicity
rights, inclusive of hate speech, or would constitute or encourage a
criminal offense, violate the rights of any party, or give rise to
liability or violate any local, state, federal or international law, or
the regulations of the U.S. Securities and Exchange Commission, any
rules of any securities exchange such as the New York Stock Exchange,
the American Stock Exchange, or the NASDAQ, either intentionally or
unintentionally. Provider may delete your Posting at any time for any
reason without permission from you.
Postings to be in Your NameYour Postings shall be
accompanied by your real name and shall not be posted anonymously.
Participants in interactive areas shall not misrepresent their identity
or their affiliation with any person or entity.
No Monitoring of PostingsProvider has no obligation nor
does it intend to edit, monitor or screen Postings and is not
responsible for the content in such Postings or any content linked to or
from such Postings. Notwithstanding the foregoing Provider reserves the
right to examine from time to time, some, all, or no interactive areas
for adherence to the Terms of Use and to remove any materials that may
be objectionable or violate the Terms of Use.
Non-Commercial Use only of Interactive AreasAny
interactive area of this Web Site is provided solely for your personal
use. As a participant, you shall not include in your Posting(s) or
otherwise distribute on or through this Web Site any content or material
containing any advertising, promotion, solicitation for goods, services
or funds or solicitation for anyone to become members of any commercial
enterprise or organization without the express written permission of the
Provider. Any unauthorized use of any interactive area of this Web Site,
its Content or Postings is expressly prohibited.
Errors and CorrectionsProvider does not represent or
warrant that this Web Site or the Content will be error-free, free of
viruses or other harmful components, or that defects will be corrected
or that it will always be accessible. Provider does not warrant or
represent that the Content available on or through this Web Site will be
correct, accurate, timely, or otherwise reliable. Provider may make
improvements and/or changes to its features, functionality or Content at
any time.
Third Party ContentThird party content may appear on
this Web Site or may be accessible via links from this Web Site.
Provider shall not be responsible for and assumes no liability for any
infringement, mistakes, misstatements of law, defamation, slander,
libel, omissions, falsehood, obscenity, pornography or profanity in the
statements, opinions, representations or any other form of content
contained in any third party content appearing on this Web Site. You
understand that the information and opinions in the third party content
is neither endorsed by nor does it reflect the belief of Provider.
Attorney Ethics NoticeIf you are an attorney
participating in any aspect of this Web Site, including but not limited
to message boards, chat rooms or email forums, you acknowledge that the
Rules of Professional Conduct of the jurisdictions where you are
licensed ("Rules") apply to all aspects of your participation and that
you will abide by these Rules. These Rules include, but are not limited
to, the rules relating to advertising, solicitation of clients,
unauthorized practice of law, and misrepresentations of fact. Provider
disclaims all responsibility for your compliance with these Rules. You
further agree and acknowledge that when you participate in any chat area
on this Web Site, including but not limited to the message boards, that
you will not offer legal advice, but will only provide general
information.
DisclaimerTHIS WEB SITE AND THE CONTENT ARE PROVIDED ON
AN "AS IS, AS AVAILABLE" BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL
WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL
RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY
KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS
IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT, INCLUDING BUT NOT
LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY
THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED
THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS
IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS WEB SITE, THE
CONTENT, OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEB SITE OR THE
CONTENT, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH
THIS WEB SITE OR THE CONTENT.
Limitation of LiabilityYou are entirely liable for
activities conducted by you or anyone else in connection with your
browsing and use of Our Service. If you are dissatisfied with the
Material or Our Service or with these Terms of Use, your sole and
exclusive remedy is to stop using the Material and Our Service. We will
not pay you any damages.
We do not warrant the accuracy, completeness, currentness or other
characteristics of any Material available on or through Our Service. We
will not be liable for any loss or injury resulting directly or
indirectly from Our Service, whether or not caused in whole or in part
by our negligence or by contingencies within or beyond our control. The
Material could include technical inaccuracies or typographical errors.
Neither we, nor suppliers of Third-Party Content, are responsible or
liable, directly or indirectly, for any loss or damage caused by use of
or reliance on or inability to use or access Our Service or the
Material.
YOUR ACCESS TO AND USE OF OUR SERVICE ARE AT YOUR SOLE RISK. OUR
SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." OUR SERVICE IS FOR YOUR
PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ANY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY,
OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE, THE
CONTENT, THE INTERACTIVE AREAS OF THIS WEB SITE OR ANY FACTS OR OPINIONS
APPEARING ON OR THROUGH AN INTERACTIVE AREA. PROVIDER SHALL NOT BE
LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR
ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE
OR THE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS
PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, PROVIDER'S SOLE OBLIGATION
TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
IndemnificationYou agree to indemnify, defend and hold
harmless Provider, its officers, directors, employees, agents,
licensors, suppliers and any third party information providers to the
Web Site from and against all claims, losses, expenses, damages and
costs, including reasonable attorneys' fees, resulting from any
violation of these Terms of Use by you.
Third Party Rights
The provisions of paragraphs Disclaimer, Limitation of Liability, and Indemnification are
for the benefit of Provider and its officers, directors, employees,
agents, licensors, suppliers, and any third party information providers
to the Web Site. Each of these individuals or entities shall have the
right to assert and enforce those provisions directly against you on its
own behalf.
Unlawful ActivityProvider reserves the right to
investigate complaints or reported violations of our Terms of Use and to
take any action we deem appropriate including but not limited to
reporting any suspected unlawful activity to law enforcement officials,
regulators, or other third parties and disclosing any information
necessary or appropriate to such persons or entities relating to user
profiles, e-mail addresses, usage history, posted materials, IP
addresses and traffic information.
Remedies for ViolationsProvider reserves the right to
seek all remedies available at law and in equity for violations of these
Terms of Use, including but not limited to the right to block access
from a particular Internet address to this Web Site and any other
Provider Web sites and their features.
Governing LawThe laws of the State of Massachusetts,
excluding its conflicts of law rules, govern this Agreement and your use
of Our Service. You agree to comply with all laws, regulations,
obligations and restrictions which apply to you. You agree that the
courts located in Massachusetts have exclusive jurisdiction for any
claim, action or dispute under this Agreement. You also agree and
expressly consent to the exercise of personal jurisdiction in the State
of Massachusetts. No failure or delay in enforcing any right shall be a
waiver of that or any other right. If any term of this Agreement is held
invalid, illegal or unenforceable, the remaining portions shall not be
affected.
Restricted Rights LegendAny Material downloaded from
Our Service for or on behalf of the United States of America, its
agencies and/or its instrumentalities ("U.S. Government") is provided
with Restricted Rights. Use, duplication or disclosure by the U.S.
Government is subject to restrictions as set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software clause
at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial
Computer Software - Restricted Rights at 48 CFR 52.227-19, as
applicable.
Severability of ProvisionsThese Terms of Use
incorporate by reference any notices contained on this Web Site, the
Privacy Policy and the LN Services Terms and constitute the entire
agreement with respect to access to and use of this Web Site and the
Content. If any provision of these Terms of Use is unlawful, void or
unenforceable, or conflicts with the LN Services Terms then that
provision shall be deemed severable from the remaining provisions and
shall not affect their validity and enforceability. Notwithstanding
anything to the contrary in these Terms of Use, if you have a separate
signed written agreement with a Provider that applies to your use of any
of that Provider's Content, that agreement constitutes the entire
agreement between you and that Provider with respect to the affected
Content subject thereto (the "Otherwise Covered Content"), and these
Terms of Use shall be treated as having no force or effect with respect
to the Otherwise Covered Content.
Modifications to Terms of UseProvider reserves the
right to change these Terms of Use at any time. Updated versions of the
Terms of Use will appear on this Web Site and are effective immediately.
You are responsible for regularly reviewing the Terms of Use. Continued
use of this Web Site after any such changes constitutes your consent to
such changes.
CopyrightUnless specifically stated in conjunction with
particular Material, all Material is copyrighted by us. You have no
rights in or to the Material and you may not use any Material other than
as permitted under this Agreement.
TrademarkAll trade names, trademarks, service marks and
other product and service names and logos on Our Service or in the
Material are the proprietary trademarks of their respective owners and
are protected by applicable trademark and copyright laws.