The Service,
Materials and Products provided through the
RiskFile.com website or any of its affiliates,
are solely and strictly for your personal and
non-commercial use. You may not save, or permit
any third party to save, any Materials or any
portion thereof for use with any information
retrieval and/or provision service. Except to
the extent you download and print Materials for
your personal and non-commercial use, you may
not modify, reproduce, distribute, transmit,
disseminate, process, publish, license, create
derivative works from, provide any third party
access to, transfer, assign, or sell any of the
Materials, Services or Products, including stock
quotes and news, obtained from the RiskFile.com
website. Automated query systems are strictly
prohibited. Any use of such systems will result
in immediate termination of access.
RiskFile.com
reserves the right, in its sole discretion and
without any obligation, to make improvements to,
or correct any error or omissions in any portion
of the Service or the Materials. Materials may
be delayed as specified by Stock Exchanges and
other sources. RiskFile.com specifically
represents that it does not give investment
advice or advocate the purchase or sale of any
security or investment. None of the information
contained in the Materials constitutes an offer
to sell or the solicitation of an offer to buy
any security or other investment or an offer to
provide investment services of any kind.
RiskFile.com and our affiliates, officers,
directors, and employees, including persons
involved in the preparation of proprietary
content on the RiskFile.com website and
affiliated websites, may from time to time, have
long or short positions in, and buy and sell the
securities or derivatives (including options) of
companies mentioned in proprietary content on
the RiskFile.com website and affiliated
websites.
THE SERVICE AND
THE MATERIALS ARE PROVIDED BY RISKFILE.COM AND
OTHER INFORMATION PROVIDERS ON AN "AS IS" BASIS,
AND RISKFILE.COM AND OTHER INFORMATION PROVIDERS
EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF SATISFACTORY QUALITY
AND FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO THE SERVICE OR ANY MATERIALS AND
PRODUCTS. IN NO EVENT SHALL RISKFILE.COM AND
OTHER INFORMATION PROVIDERS BE L
Terms of Use
1.1 Definitions
Unless otherwise indicated in this Agreement,
the following terms shall be defined for the
purposes of this Agreement as follows:
(a) "us" and
"we" means RiskFile.com and any subsidiary,
affiliate, assign, successor, employee,
director, officer, agent, or representative
thereof; and
(b) "you" means
a user of the RiskFile.com.
Eligibility for Membership.
Our services are available only to persons who
can form legally binding contracts under
applicable law. Without limiting the foregoing,
our services are not available to individuals
under the age of 19, or age of majority in your
jurisdiction of residence. If you do not
qualify, please do not use our services.
Change in
Services.
We may, in our sole discretion, add, delete or
change some or all of our services at any time.
1.2 System
Integrity.
You may not use any device, software or routine
to interfere or attempt to interfere with the
proper working of the RiskFile.com or any
activities being conducted on the RiskFile.com.
You may not take any action, which imposes an
unreasonable or disproportionately large load on
our infrastructure.
1.3 Passwords.
You are responsible for the confidentiality and
use of your username and password. You may not
disclose or share your password to any third
parties or use your password for any
unauthorized purpose. You acknowledge that using
the service on two or more computers
simultaneously is in violation of this
Agreement. You agree to notify RiskFile.com
immediately of any loss, theft, or unauthorized
use of his/her username and password.
1.4 Your
Information
Your information includes any information you
provide to us or other users during the
registration or in any public message area or
through any email feature (collectively "Your
Information"). With respect to Your Information:
(a) You agree
that Your Information provided to us by you
during the registration is true, accurate,
correct and complete and that you will notify us
immediately of any changes to it. You agree not
to impersonate any other person or entity or to
use a false name or a name that you are not
authorised to use or to provide incorrect
information as to your location or relevant to
your right to use the RiskFile.com.
(b) You agree
that you are solely responsible for Your
Information, and we act as a mere passive
conduit for your online distribution and
publication of Your Information. However, we
reserve the right to take any action with
respect to such information we deem necessary or
appropriate in our sole discretion if we believe
that it may create liability for us or may cause
us to lose (in whole or in part) the services of
our ISPs or other Suppliers.
(c)You
undertake and agree that Your Information:
(i) shall not infringe any third party's
copyright, patent, trademark, trade secret or
other proprietary right or rights of publicity
or privacy; (ii) shall not violate any law,
statute, ordinance or regulation; (iii) shall
not be defamatory, trade libellous or unlawfully
threatening; (iv) shall not be false, inaccurate
or misleading; (v) shall not contain any
invitation, inducement or offer to buy or sell
any kind of security or other investments; (vi)
shall not contain any promotional material in
respect of any kind of security or other
investment; (vii) shall not be provided for any
business purpose; and (viii) shall not contain
any viruses, Trojan horses, worms, time bombs or
other computer programming routines that are
intended to damage, detrimentally interfere
with, surreptitiously intercept or expropriate
any system, data or personal information.
(d) Solely to
enable RiskFile.com to use Your Information you
supply to us, so that we are not violating any
rights you may have in that information, you
agree to grant us a non-exclusive, world-wide,
perpetual, irrevocable, royalty-free,
sublicenseable (through multiple tiers) right to
exercise the copyright and publicity rights, but
no other rights, you have in Your Information,
in any media now known or not currently known,
with respect to Your Information. RiskFile.com
will only use Your Information in accordance
with our Privacy Policy.
1.5 LIMIT OF
LIABILITY
YOU UNDERSTAND AND AGREE THAT THE USE OF THE
RISKFILE.COM IS AT YOUR OWN RISK AND THAT
RISKFILE.COM DOES NOT MAKE, AND EXPRESSLY
DISCLAIMS, ANY WARRANTY, TERM OR CONDITION,
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS
TO THE SERVICES OR USE OF THE RISKFILE.COM
NETWORK OF SITES TO BE PROVIDED OR WITH RESPECT
TO ANY POSTINGS PURSUANT THERETO, INCLUDING BUT
NOT LIMITED TO, ANY WARRANTIES OF SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR CAUSE OR
NON-INFRINGEMENT, OR ANY WARRANTY THAT THE
SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
IN NO EVENT
SHALL RISKFILE.COM'S DIRECTORS, OFFICERS,
EMPLOYEES, CONTRACTORS AND AGENTS BE LIABLE FOR
LOST PROFITS, LOST SALES, LOST BUSINESS, LOST
OPPORTUNITY, LOST INFORMATION, LOST OR WASTED
TIME OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE)
ARISING OUT OF, OR IN CONNECTION WITH, THIS
AGREEMENT.
1.6 Exclusion
of Warranties
IT IS EXPRESSLY UNDERSTOOD AND AGREED TO BY THE
PARTIES HERETO THAT EXCEPT AS SPECIFICALLY
PROVIDED HEREIN, ALL WARRANTIES, EXPRESSED OR
IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, ARE HEREBY EXCLUDED.
1.7 General
Compliance with Laws
You shall comply with all applicable laws,
statutes, ordinances and regulations regarding
your use of our service.
1.8
Intellectual Property Rights
RiskFile.com, the RiskFile.com logo,
RiskFile.com components or processes, software
or data and you will not, except as otherwise
permitted by this Agreement while it is in
effect, disclose, make use of or otherwise
infringe upon the intellectual property or any
derivatives thereof, it being specifically
understood that the intellectual property is
owned solely and exclusively by RiskFile.com or
its licensors. You hereby acknowledge that the
market data information provided is the property
of the various exchanges and other information
providers and therefore subject to modifications
from the sources and controlled by all copyright
and other interests maintained by the data
sources. You agree that upon any violation of
this covenant, RiskFile.com shall suffer
irreparable harm and shall be entitled to
injunctive relief against any further violation,
in addition to any other damages to which
RiskFile.com may be entitled. This covenant is
independent of any other covenant, term or
condition of this Agreement and shall survive
the expiration or termination of this Agreement,
it being understood that but for the giving of
this covenant, RiskFile.com would not have
entered into this Agreement.
1.9 Notices
Except as explicitly stated otherwise, any
notices shall be given via our feedback form (in
the case of RiskFile.com) or to the email
c="images/spacer.gif" width="1" height="1">