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Terms and Conditions of Use and Purchase |
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| Copyright/Use |
A) The information available through the Analyst Profiles website located at
www.analystprofiles.com (Website) is the property of Tekrati, Inc., or its licensors,
and is protected by copyright and other intellectual property laws. Any printouts using or referencing content from the Website shall contain the following copyright notice: "Copyright © 2005, Tekrati, Inc." You may not delete or alter the copyright notice(s) included on any downloaded file or web page. You are granted a nonexclusive, non-concurrent, nontransferable, limited license to access the Website. The Website is available ONLY to the individual designated user identified in your order and may not be shared with other non-designated persons or entities. The account owner / user is responsible for the confidentiality and use of the user's username and personal password and all activity and use while logged in to the Website. You agree not to reproduce, retransmit, photocopy, distribute, disseminate, sell, publish, broadcast, or circulate the information received through the Website to anyone else without the express prior written consent of Tekrati, Inc. You may use information from the Website within your company, but copying, distributing or otherwise making available Tekrati or its licensors' copyright-protected content from the Website to third parties is forbidden. You are prohibited from: (a) using or permitting the use of the information to prepare an original database or a comparison to other databases that are sold, rented, published, or furnished in any manner to a third party; (b) using or permitting the use of the information for the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from any mailing list, business directory, or other compilation of information that is sold, rented, published or furnished in any manner to a third party; or (c) using or permitting the use of the information in connection with any individual credit, employment or insurance decisions.
B) Tekrati, Inc., reserves the right to monitor your use of the Website to ensure compliance with this Agreement. If such monitoring indicates you are not in compliance with this Agreement, Tekrati, Inc., reserves the right to take such action as it deems necessary, including, but not limited to, assessing additional charges or suspension or termination of the account. You acknowledge that such monitoring of use may include determining whether or not the Website is accessed under the account from multiple IP addresses, as well as noting excessive use. Systematic access or extraction of content from the Website, including the use of "bots" or "spiders", is prohibited.
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| Warranties/Limitations |
A) Due to the number of sources from which information on the Website is obtained, and the inherent hazards of electronic distribution and the Internet, there may be delays, omissions, or inaccuracies in obtaining or accessing such information and the Website.
B) THE SERVICE IS PROVIDED ON AN "AS-IS", "AS AVAILABLE" BASIS. TEKRATI, INC., AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE NEWS AND INFORMATION AVAILABLE THROUGH THE WEBSITE, OR THE WEBSITE ITSELF. NEITHER TEKRATI, INC., NOR ANY OF ITS AFFILIATES, AGENTS, OR LICENSORS SHALL BE LIABLE TO THE SUBSCRIBER OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING, OR DELIVERING THE WEBSITE AND ANY NEWS AND INFORMATION THROUGH THE WEBSITE. IN NO EVENT WILL TEKRATI, INC., ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO THE SUBSCRIBER OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY THE SUBSCRIBER IN RELIANCE ON SUCH INFORMATION, OR FOR DIRECT, CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SUBSCRIBER AGREES THAT THE LIABILITY OF TEKRATI, INC., ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE), IN ANY WAY CONNECTED WITH THE WEBSITE OR THE INFORMATION IN THE WEBSITE, SHALL NOT EXCEED THE AMOUNT THE SUBSCRIBER PAID TO TEKRATI, INC. FOR USE OF THE WEBSITE.
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| Privacy |
Registration data and other information about you is subject to our online Privacy Policy. If you are located outside the United States, by subscribing to the Website you consent to your data being sent to the United States.
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| Cancellations |
Analyst Profiles accounts are non-cancelable/non-refundable after 48 hours of activation. Analyst Profiles accounts become immediately non-cancelable/non-refundable inside of 48 hours or activation with the execution of any function that displays a profile on the users computer. Cancellations must be in writing, sent to cancel@analystprofiles.com.
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| Changes |
We may change the terms of this Agreement at any time. The current version of Terms and Conditions will be posted here.
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| General |
This Agreement contains the final and entire agreement between us and supersedes other verbal or written negotiations, understandings or agreements. Your rights and obligations of this Agreement are not assignable. If any provision of this Agreement is invalid under applicable law, the remaining provisions will continue in full force and effect. This Agreement, all intellectual property issues, and your rights and obligations shall be governed by the laws of the United States of America and the State of California.
January 2005 |
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