The Site is owned and operated by <Client>.
Intellectual Property Protection
Use of <Client> Content
You may retrieve and display the <Client> Content on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the <Client> Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from <Client>:
- reproduce or store in or transmit to any other Web site, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the <Client> Content, or
- modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the <Client> Content (including use as part of any library, archive or similar service) without the prior written consent of <Client>, or
- Any use of the <Client> Content not specifically permitted above is expressly prohibited.
Third Party Transactions
You may use the Site to purchase products or services from <Client>'s third party partners. In that event, your contract for such products will be with the third party partner and not with <Client>.
Term and Termination
<Client> may, in its discretion, terminate or suspend your access to all or part of the Sites (including any right to access and use the <Client> Content) with cause by delivering notice to you.
Changes to the Sites
<Client> reserves the right, in its discretion, to suspend, change, modify, add or remove portions of the <Client> Content available on the Site at any time.
Registration, Passwords and Responsibilities
Each registration is for a single user only. You may not share your user name and password with any other person. <Client> does not permit access through a single name and password being made available to multiple users on a network. <Client> may cancel or suspend your access to the Sites if you do this without further obligation to you.
The Site includes bulletin boards, discussion groups and other areas that allow and interaction between members of the <Client> community ("forums"). While <Client> does not control the information/materials posted to forums by users (the "messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums in the event the messages violate the rules set out below.
You are solely responsible for the content of your messages. You must comply with any rules posted by <Client> on a forum or feedback venue. You may not:
- post, link to or otherwise publish any messages with recommendations to buy or refrain from buying a particular security or which otherwise have the purpose of affecting the price or value of any security;
- post, link to or otherwise publish any messages that are unlawful, threatening, abusive, libelous, indecent, infringe copyright or other rights of third parties or which contain any other form of illegal content;
- post or otherwise publish any messages that contain a virus or other harmful component;
- disguise the origin of any messages;
- impersonate any person or entity (including <Client> staff or other members of the <Client> community) or misrepresent any affiliation with any person or entity;
- post or otherwise publish any messages unrelated to the forum, the forum's topics, or feedback subject;
- knowingly post or transmit any messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment;
- collect or store other users' personal data;
- restrict or inhibit any other user from using the Forums.
Forums and feedback contain messages submitted by users over whom <Client> has no control. <Client> cannot guarantee the accuracy, integrity or quality of any messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the forum and feedback, and should not rely on messages in making (or refraining from making) any specific investment or other decisions.
It is not possible for <Client> to fully and effectively monitor Messages that are submitted for infringement of third party rights. If you believe that a message infringes your legal rights, you should notify <Client> immediate.
No Warranty, Disclaimer of Liability and Indemnity
While every effort has been made to ensure the high quality and accuracy of the Sites, <Client> makes no warranty, express or implied concerning the <Client> Content, the Sites, software or products or services available through the Sites (the "Site Services"), which are provided "as is". <Client> expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will <Client>, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if <Client> has been advised of the possibility that such damages may arise. <Client> does not guarantee the accuracy, content, or timeliness of the <Client> Content or Site Services or that they or related systems are free from viruses or other contaminating or destructive properties.
<Client>, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the <Client> Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
Changes to these Terms
Advertising, Third Party Content and other Web sites
Parts of the Site may contain third party content. Content providers are responsible for ensuring that material submitted for inclusion on the Sites complies with international and national law. <Client> is not responsible for any third party content. The Sites may contain links to other Web sites. <Client> is not responsible for the availability of these Web sites or their contents.
Assignment of Agreement
No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices to <Client> must be given in writing by letter and sent to <Client>’s last known place of business in <Client City, ST> (for the attention of the General Counsel).
Severability/Survival/Statute of Limitations
Governing Law and Jurisdiction