TERMS AND CONDITIONS OF USE FOR WEBSITE
(1) you have read and understood these Terms;
(2) you have the capacity and authority to enter into this contract with AnalytixInsight; and
(3) you agree to be bound by these Terms.
If you do not want to be bound by these Terms, do not access or use the Site. The materials on this site are provided by AnalytixInsight as a service to its users, clients, and investors and its use is subject to these Terms. For purposes of these Terms, AnalytixInsight shall mean AnalytixInsight, Inc., and its affiliates, their officers, directors, managing members, members, managing directors, partners, employees, consultants and agents.
AMENDMENT OF TERMS: AnalytixInsight may revise these Terms at any time by updating this posting. As a user, it is your obligation to check the Terms from time to time because they are binding on you. Your use of the Site is governed by the Terms and any amendment thereof. AnalytixInsight will alert you to any change or amendment of the Terms in a separate window, or by simply posting the revised Terms on its Site. Your use of the Site after any change to the Terms signifies your acceptance of the new Terms and your agreement to be bound by them. Any change to the Terms will be effective immediately upon posting, and your continued use of the Site indicates your agreement to the Terms, which will apply to use of the Site immediately upon their posting.
MONITORING BY ANALYTIXINSIGHT: Your use of the Site may be monitored by AnalytixInsight, and the resulting information may be used by AnalytixInsight for its internal business purposes or in accordance with the rules of any applicable regulatory or self-regulatory organization.
SUBSCRIBERS RIGHTS: Premium and Professional subscription plans for direct users vary in price and availability of features. Premium and professional subscribers may only use the Site in accordance with and subject to these Terms. They may not use the Site on behalf of any third party unless you have obtained AnalytixInsight’s explicit prior written consent. As a premium or professional user, you may use the Site in the normal course of business, and may share the Content, subject to the limitation of these Terms.
Enterprise and/or institutional users may be subject to certain exceptions from these Terms. Under no circumstances are enterprise and/or institutional users, or any other user, entitled to strip, filter, cherry-pick, repurpose or otherwise amend data to show, distribute, redistribute, copy or otherwise use solely or predominantly the financial data without AnalytixInsight’s accompanying analysis.
INTELLECTUAL PROPERTY RIGHTS & USE OF THE SITE & MATERIALS: The Site and its entire content, any feature, functionality, including, but not limited to, all data, information, text, charts, images, software, video and audio content, as well as their lay-out, design, and selection are owned by AnalytixInsight, its licensors or third parties as indicated on the Site and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or industrial property laws. Subject to the Terms, AnalytixInsight grants you a revocable, non-transferable, non-exclusive limited license to use those portions of the Site, to which you are granted access for your own personal, non-commercial use.
Except as expressly set forth in these Terms and excluding temporary copies stored on your computer or automatically cached files accessed through a browser, you may not reproduce or make possible to reproduce, copy, broadcast, distribute, circulate, modify, create derivative work of, publicly display or perform, republish, download, store or transmit the Site or any portion or part thereof. You may print or copy one copy of a reasonable number of pages for your own personal, non-commercial use.
You may not modify copies of any materials on this Site, or use pages, illustrations, photographs, or any content or graphics, in whole or in part, or delete or alter any copyright, trademark, or other intellectual property rights notice. Any download, print-out or other copy you create must contain the following notice:
“(c) AnalytixInsight Inc. All rights reserved. The information contained herein: (1) is proprietary to AnalytixInsight Inc. (“AnalytixInsight”) and/or its third party providers; (2) may not be copied or distributed; (3) is not warranted to be accurate, complete or timely; (4) does not constitute investment advice of any kind; and (5) is being furnished by AnalytixInsight solely in its capacity as a third-party research provider. Neither AnalytixInsight nor its content providers are responsible for any damages or losses arising from any use of this information. Past performance is no guarantee of future results. “AnalytixInsight” and the AnalytixInsight logo, logotype and marks are trademarks of AnalytixInsight.”
AnalytixInsight has the right, at any time without notice, to: (i) revoke or limit your license to use the Site (or any portion of it); and (ii) change or discontinue providing the Site (or any portion thereof). AnalytixInsight has no obligation to update the Site or to correct any errors or omissions that might be contained in it.
AnalytixInsight reserves the right, at any time and from time to time, in the interests of its own editorial discretion and business judgment to add, modify, or remove any of the information provided on the Site. These Terms are not intended to, and will not, transfer or grant any rights in or to the information other than those, which are specifically described herein. All rights not expressly granted herein are reserved by AnalytixInsight or the third party providers from whom AnalytixInsight has obtained the information. You are required to read and abide by any additional terms and conditions that may be posted on this service from time to time concerning information obtained from specific third party providers. Such third party providers shall have no liability to you for monetary damages on account of the information provided to you via this service.
Unless otherwise expressly noted, product names, designs, logos, titles, text, images, audio and video within this Site are the trademarks, service marks, trade names, copyrights or other property of AnalytixInsight and its affiliates and / or their respective licensors (“AnalytixInsight’s Intellectual Property”). All other unregistered and registered trademarks are the property of their respective ownerswho are not affiliated with AnalytixInsight, its affiliates, or their respective licensors, or any of their products or this Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of AnalytixInsight’s Intellectual Property displayed on the Site without the written permission of AnalytixInsight. If you would like to use any of AnalytixInsight’s Intellectual Property, please contact us by email at notices@AnalytixInsight.com.
USER SUBMISSIONS & COMMUNICATIONS: Any material, information or other communication, including, without limitation, data, questions, comments, suggestions or the like (collectively, the “Communications”), that you transmit or post to this Site will be considered non-confidential and non-proprietary. AnalytixInsight will have no obligations in connection with any of the Communications. AnalytixInsight cannot prevent the “harvesting” of information from this Site, and you may be contacted by AnalytixInsight or unrelated third parties, by e-mail or otherwise, within or outside of this Site. Furthermore, at the sole discretion of AnalytixInsight, the Communications, including all data, images, sounds, text and other things embodied therein, may be edited by or on behalf of AnalytixInsight, may or may not be posted to this Site and may be used by AnalytixInsight or its affiliates for any purpose, including, reproduction, disclosure, distribution, transmission, publication, broadcast and posting. The Communications may be used for any and all commercial or non-commercial purposes including, but not limited to, developing, manufacturing and marketing products using such information.
You are prohibited from posting or transmitting to this Site any Communications that are unlawful, threatening, libelous, defamatory, obscene or pornographic or that would otherwise violate any law. In addition, you are prohibited from posting or transmitting any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability. AnalytixInsight hereby notifies you that it will cooperate fully with any law enforcement authorities or court order requesting or directing AnalytixInsight to disclose the identity of or help identify or locate anyone posting any such information or materials.
DISCLAIMER OF WARRANTIES AND LIABILITY: THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITH ALL FAULTS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, OWNERSHIP, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, ABSENCE OF VIRUSES OR DAMAGING OR DISABLING CODE, OR OTHER HARMFUL COMPONENTS OR FITNESS FOR ANY PARTICULAR PURPOSE, INCLUDING ANY WARRANTY FOR THE USE OR THE RESULTS OF THE USE OF SERVICES OR PRODUCTS WITH RESPECT TO THEIR CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS OR CONTINUED AVAILABILITY.
NEITHER ANALYTIXINSIGHT NOR ITS THIRD PARTY PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THIS SITE.
PAST PERFORMANCE OF A MUTUAL FUND, STOCK, OR OTHER INVESTMENT VEHICLE DOES NOT GUARANTEE FUTURE PERFORMANCE. NEITHER ANALYTIXINSIGHT NOR ITS THIRD PARTY PROVIDERS SHALL BE CONSIDERED AN “EXPERT” UNDER THE SECURITIES ACT OF 1933. NEITHER ANALYTIXINSIGHT NOR ITS THIRD PARTY PROVIDERS WARRANT THAT THIS WEB SITE COMPLIES WITH THE REQUIREMENTS OF THE NATIONAL ASSOCIATION OF SECURITIES DEALERS (NASD), THE FINANCIAL INDUSTRY REGULATORY AUTHORITY (FINRA) OR ANY SIMILAR ORGANIZATION OR WITH THE SECURITIES LAWS OF ANY JURISDICTION.
LIMITATION OF LIABILITY: NEITHER ANALYTIXINSIGHT NOR ITS THIRD PARTY PROVIDERS NOR ANY PERSON THROUGH WHOM ANALYTIXINSIGHT MAKES THE SITE AVAILABLE SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS, THE SITE, OR THE USE OF, OR RELIANCE ON, THE SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY FROM A WILLFUL BREACH BY ANALYTIXINSIGHT (OR THAT PERSON) OF ANY OF ITS EXPRESS OBLIGATIONS UNDER THESE TERMS.
THE AGGREGATE LIABILITY OF ANALYTIXINSIGHT AND ITS THIRD PARTY PROVIDERS ARISING FROM OR RELATING TO THESE TERMS, THE SITE, AND THE USE OF, OR RELIANCE ON, THIS WEB SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE FINALLY PROVED IN A COURT OF COMPETENT JURISDICTION IN AN AMOUNT NOT TO EXCEED $1,000.
IN NO EVENT SHALL ANALYTIXINSIGHT OR ITS THIRD PARTY PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM OR RELATING TO THE FOREGOING, OR THE USE OR INABILITY TO USE THE MATERIALS ON THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR PREVIOUSLY AWARE OF THE LIKELIHOOD OF SUCH DAMAGES.
This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft and operator errors etc. AnalytixInsight cannot and does not guarantee continuous, uninterrupted or secure access to reports or Information on the Site.
NO WARRANTIES AS TO SECURITY: AnalytixInsight makes no warranty whatsoever to you, express or implied, regarding the security of the site, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through this Site. AnalytixInsight is not nor will not be responsible for any loss or damage that could result from interception by third parties of any Information found in any report or available through the Site.
NO LIABILITY FOR CONTENT OR USE: AnalytixInsight shall have no liability, contingent or otherwise, to you or to third parties, or any responsibility whatsoever, for the failure of any connection or communication service to provide or maintain your access to this Site, or for any interruption or disruption of such access or any erroneous communication between AnalytixInsight and you, regardless of whether the connection or communication service is provided by AnalytixInsight or a third party service provider. AnalytixInsight shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or delays, omissions, or interruptions in the delivery of the data and services available on this Site or for any other aspect of the performance of this Site or for any failure or delay in the execution of any transactions through this Site. In no event will AnalytixInsight be liable for any special, indirect, incidental, exemplary, punitive or consequential damages which may be incurred or experienced on account of you using the data or services made available on this Site, even if AnalytixInsight has been advised of the possibility of such damages. AnalytixInsight will have no responsibility to inform you of any difficulties experienced by AnalytixInsight or third parties with respect to the use of the Site or to take any action in connection therewith.
NO LIABILIITY FOR VIRUSES AND ACCURACY OR COMPLETENESS OF INFORMATION: AnalytixInsight and its affiliates assume no responsibility, and shall not be liable for any such damages to or viruses that may infect, your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site or any linked sites. AnalytixInsight, its affiliates, and its third party providers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the materials posted, set forth, downloadable or linked to this Site. AnalytixInsight may make changes to any or all of these materials, or to the products described therein, at any time without notice.
NO DUTY TO UPDATE; AVAILABILITY OF INFORMATION: The information, data, products and services provided by AnalytixInsight or its third party providers through this Site speaks only as of the respective dates on which the information was first created. This information can become out-of-date from the date on which the information was first created, and accordingly, may be inaccurate or incomplete when viewed, downloaded, or used by you in the first instance. Neither AnalytixInsight nor its third party providers makes any commitment, and disclaims any duty, to maintain the information, data, products and services made available through this Site, update or correct any of this information, data, products or services, or supply any releases in connection therewith, except as expressly stated on this Site. Availability of information, data, products and services are subject to change without notice.
SYSTEM OUTAGES, SLOWDOWNS, AND CAPACITY LIMITATIONS/DELAYS IN GENERATING OR DOWNLOADING REPORTS: As a result of high Internet traffic, transmission problems, systems capacity limitations, and other problems, you may, at times, experience difficulty accessing the Site or communicating with AnalytixInsight through the Internet or other electronic and wireless services. Any computer system or other electronic device, whether, it is yours, an Internet service provider’s or AnalytixInsight’s can experience unanticipated outages or slowdowns, or have capacity limitations. Neither AnalytixInsight, nor any of its clients, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Site, or resulting from the act or omission of any other party involved in making this Site, the data contained herein or the products or services offered on this Site available to you, or from any other cause relating to your access to, inability to access, or use of the Site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of AnalytixInsight or of any vendor providing software or services.
INDEMNIFICATION: You agree to indemnify, defend, and hold harmless AnalytixInsight, its affiliates and its third party providers from and against any and all claims, liabilities, losses, costs (including, but not limited to, reasonable attorneys’ fees), and/or damages of any kind arising from or relating to: (i) your use of the Site; (ii) your violation or breach of these Terms; and (iii) any messages, information, or materials uploaded, posted, published, or transmitted by you in connection with the Site.
CONTENT NOT TO BE CONSTRUED AS A SOLICITATION OR RECOMMENDATION: The Site and the material and content offered on and via the Site have been prepared for informational purposes only without regard to any particular user’s investment objectives, financial situation, or means, and AnalytixInsight is not soliciting any action based upon it. This material is not to be construed as a recommendation; or an offer to buy or sell; or the solicitation of an offer to buy or sell any security, financial product, or instrument; or to participate in any particular trading strategy in any jurisdiction in which such an offer or solicitation, or trading strategy would be illegal. Certain transactions, including those involving futures, options, and high-yield securities, give rise to substantial risk and are not suitable for all investors. Although content and material is based upon information that AnalytixInsight considers reliable and endeavors to keep current, AnalytixInsight has not verified content and material or the data included and does not represent that this material is accurate, current, or complete and it should not be relied upon as such.
NO DETERMINATION OF SUITABILITY HAS BEEN MADE; NOT ALL RISKS ARE DISCLOSED; PRIVATE ADVISORS SHOULD BE CONSULTED: The fact that AnalytixInsight has made the data and services provided on this Web site available to you constitutes neither a recommendation that you enter into a particular transaction nor a representation that any product described on this Web site is suitable or appropriate for you. Many of the products described on this Web site involve significant risks, and you should not enter into any transactions unless you have fully understood all such risks and have independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks that are mentioned. You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult your business advisor, attorney, and tax and accounting advisors concerning any contemplated transactions.
YOU ARE RESPONSIBLE FOR ALL USE, ACTIVITIES, AND CHARGES ASSOCIATED WITH OR ARISING FROM ANY USE OF YOUR LOGIN, PASSWORD OR GENERATING FROM YOUR ACCOUNT, REGARDLESS OF WHETHER YOU AUTHORIZED SUCH USE. YOU MUST PROMPTLY NOTIFY ANALYTIXINSIGHT (AT NOTICES@ANALYTIXINSIGHT.COM AND THROUGH CONTACT DETAILS PROVIDED ON OUR CONTACTS PAGE) OF ANY UNAUTHORIZED USE OF YOUR PASSWORD OR ACCOUNT.
TIME-DELAYED DATA: Stock quotes, company filings, and other financial and economic data are supplied by Factset Inc or other third-party providers as marked and thus subject to such third party provider’s terms and conditions. Factset Inc’s terms are available at http://www.factset.com/legal-statement, other third party provider terms and conditions will be linked as applicable. Stock quotes are delayed at least 20 minutes. NASDAQ stock quotes are delayed at least 20 minutes. All quotes and data are believed to be correct, but neither AnalytixInsight nor its Third Party Providers warrant or guarantee the accuracy, completeness or timeliness of any such information. AnalytixInsight advises you to always confirm the price of a particular investment with a broker or other party executing its sale, purchase or redemption, as appropriate.
LINKS TO OTHER MATERIALS OR WEBSITES: This Site may provide links to certain websites sponsored and maintained by third parties. AnalytixInsight provides these links for your convenience only. AnalytixInsight has no control over the content of linked websites or resources, makes no representations concerning the content of the linked websites and accepts no responsibility for the linked websites, including, without limitation, the truthfulness or accuracy of any statement or other content, or for any loss or damage that may arise from your use of or access to the linked websites. AnalytixInsight reserves the right to terminate any link or linking program at any time. If you decide to access any of the third party sites linked to our Site, you do this entirely at your own risk and subject to the terms and conditions of use for linked websites.
SOCIAL MEDIA & LINKING: You may link to AnalytixInsight if your link is fair, legal and for non-commercial purposes. You may not link in a way that damages AnalytixInsight’s reputation or takes advantage of it. Your link may not suggest any form of association, approval or endorsement without our express prior written consent. Where AnalytixInsight, on this Site, provides social media features that enable you to link from your own site or a third-party social media site to any content on this Site, send emails or other communications with any content from this Site, or display or cause to be displayed certain content or portions thereof on your own or third party websites, you may use these features only as they are provided and with respect to the provided content. You may not cause the Site or portions of it to be displayed or appear to be displayed by framing, deep linking or in-line linking on any other site, or otherwise take any action regarding the content, data and materials on this Site that is inconsistent with or in violation of these Terms. AnalytixInsight reserves the right to withdraw linking permission without notice and may disable any social media or sharing feature as well as any links at its discretion and without notice.
BILLING AND CANCELLATION POLICY:
If you cancel your subscription during your free trial period, you will not be responsible for the payment of a subscription fee.
As a Premium or Pro subscriber, you are subscribed and have access to the site until the end of the period that you have paid for. Your subscription will automatically renew at the end of your subscription period unless you chose to cancel your service before the renewal date. You may chose to cancel your subscription to capitalcube.com, analytixinsight.com or any service provided via the Site by AnalytixInsight at any time without impacting the service that you have already paid for.
For Monthly Subscriptions: If you cancel your subscription, your membership will continue in effect until the monthly anniversary of the effective date of your paid subscription and then terminate on that date. (For example, if your paid subscription start date is May 1 and you cancel on July 15, your membership continues until but not including August 1, at which time it ends.) To ensure that your credit card will not be charged for your next billing period, you must cancel your subscription no later than the day before your next scheduled billing period begins. (For example, if your next scheduled billing period begins August 1 you will need to cancel by 11.59 PM Eastern Standard Time, July 31).
For Annual Subscriptions: If you cancel your subscription, your membership will continue in effect until the yearly anniversary of the effective date of your paid subscription and then terminate on that date. (For example, if your paid subscription start date is May 1, 2012 and you cancel on July 15, 2012, your membership continues until but not including May 1, 2013, at which time it ends.) To ensure that your credit card will not be charged for your next billing period, you must cancel your subscription no later than the day before your next scheduled billing period begins. (For example, if your next scheduled billing period begins May 1, 2013 you will need to cancel by 11:59 PM Eastern Standard Time on April 30, 2013).
Upgrade your Subscription: You can upgrade your subscription (say from a Monthly to Annual subscription or from a Premium to Pro subscription) at any time by choosing one of the options available to you. We review the amount paid for the original subscription, the amount of the new subscription, and the length of time spent in the your current subscription’s billing cycle. Based on these calculations, you will be charged for a subscription upgrade. Your upgrade will be effective once your new charges are processed.
AnalytixInsight may immediately cancel your subscription, without notice or liability, if it determines in its sole discretion that: (i) you have breached any portion of this User Agreement; or (ii) your use of or access to the Premium Service or the Web Site violates any applicable law or regulation or otherwise inhibits any other subscriber from using or accessing the Premium Service or any other service offered by AnalytixInsight on the Web Site. None of the foregoing limits any other legal, equitable, or contractual rights available to AnalytixInsight.
AnalytixInsight may, in its sole discretion, choose not to renew your subscription by sending a notice of non-renewal at any time during your subscription term to the e-mail address you provided when completing your registration. You will be deemed to have received this notice, whether or not you saw it or the e-mail address provided by you continues to be valid. In the event of such a notice, your subscription will cease and will not automatically renew at the end of your then-current subscription term.
APPLICABLE LAWS: This Site is controlled by AnalytixInsight from its offices located in the State of New York within the United States of America. These Terms shall be construed and governed by the laws of the State of New York without reference to its conflict of laws principles. Neither AnalytixInsight nor any of its affiliates make any representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where the content of this Site is illegal is prohibited. While this Site may be viewed internationally and may contain references to products and services not available in all countries, such references do not imply that AnalytixInsight or any of its affiliates intends to make such products or services available in such countries. You may neither use, copy, export or re-export the materials at this Site, nor may you use any copy or adaptation of such materials, in each case, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations. You hereby consent to, and agree to bring any and all claims in, the exclusive jurisdiction of the state and federal courts located in New York, New York, U.S.A., for any action or proceeding arising under or relating to this Agreement, the Site, or the use of, or reliance on this Site, whether based in contract or tort or otherwise.
ENTIRE AGREEMENT: These Terms shall constitute the entire agreement between you and AnalytixInsight regarding the subject matter hereof and shall supersede any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the parties regarding such subject matter.
SEVERABILITY: To the maximum extent possible, each provision in these Terms shall be interpreted in such manner as to be valid and enforceable under applicable law. If any provision of these Terms is held to be invalid or unenforceable under applicable law, such provision shall be modified so as to be rendered valid and enforceable while implementing, to the maximum extent possible, the original intent of such provision. If such modification is not possible or allowed, then such provision shall be ineffective only to the extent of such unenforceability or invalidity without affecting the remainder of such provision or any other provisions in these Terms.