Financial News Network Online (FNNO) Legal Notices
This document was last updated on December 20, 2010
1. OWNERSHIP AND COPYRIGHT. The content displayed on the Web site ("Content") is the property of Comtex News Network, Inc. or its licensors, and is protected by copyright and other intellectual property laws. This Web Site and the Content may be used only for your personal and non-commercial use. You agree not to copy, reproduce, modify, display, perform, publish, create derivative works from, or store any Content from the Web site. You also agree not to distribute, transmit, broadcast or circulate any Content from the Web site to anyone, including but not limited to someone else in the same company or organization, without the express prior written consent of Comtex News Network, Inc. Further, you may not post any Content from the Web site to forums, newsgroups, mail lists, electronic bulletin boards, or other web sites, without the prior written consent of Comtex News Network, Inc. To request consent for other matters, you may contact Comtex News Network, Inc. by visiting http://www.fnno.com.
The Web site includes facts, views, opinions and recommendations of individuals and organizations deemed of interest. Comtex News Network, Inc. and its Content licensors are not giving investment advice, tax advice, legal advice, or other professional advice. Comtex News Network, Inc. and its Content licensors do not guarantee or warrant the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions and recommendations. You should always seek the assistance of a professional for advice on investments, tax, the law, or other professional matters.
2. NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR AND THE DATA SUPPLIERS AND THEIR RESPECTIVE SUPPLIERS AND AFFILIATES DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE.
3. NO LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, LICENSOR'S AND DATA SUPPLIERS' TOTAL LIABILITY CAPPED. IN NO EVENT SHALL LICENSOR OR THE DATA SUPPLIERS OR ANY OF THEIR RESPECTIVE SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE FINANCIAL NEWS NETWORK SERVICE, RELATED SOFTWARE OR DATA, OR ANY ERRORS IN SUCH SOFTWARE OR DATA, EVEN IF LICENSOR OR THE DATA SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. ALL SOFTWARE AND DATA PRODUCTS AND SERVICES CONTAIN SOME ERRORS AND INACCURACIES, INCLUDING SOFTWARE AND DATA. YOU UNDERSTAND THIS AND FULLY ASSUME ALL RISKS AND CONSEQUENCES RELATING TO SERVICE AND SOFTWARE ERRORS AND DATA INACCURACIES OR INCOMPLETENESS. YOU ACKNOWLEDGE AND AGREE THAT EVEN THOUGH THE DATA SUPPLIERS ARE GRANTED RIGHTS AND PROTECTIONS UNDER THIS AGREEMENT, THE DATA SUPPLIERS ARE NOT PARTIES TO THIS AGREEMENT AND NO RIGHTS ARE BEING CREATED IN YOUR FAVOR THAT MAY BE ENFORCED BY YOU AGAINST ANY DATA SUPPLIER (OR EXCHANGE). IF ANY OF THE DISCLAIMERS OF LIABILITY IN THIS AGREEMENT ARE FOR ANY REASON DECLARED INVALID BY A COURT OF COMPETENT JURISDICTION, YOU AGREE THAT THE MAXIMUM COLLECTIVE LIABILITY OF LICENSOR AND THE DATA SUPPLIERS TO YOU RELATING TO ANY CLAIM YOU MAY HAVE IN ANY MANNER RELATING TO THE SERVICE, RELATED SERVICES OR DATA, OR THE USE, CONDITION, OPERATION, EFFECTIVENESS OR QUALITY THEREOF, WHETHER BASED IN CONTRACT, TORT, EQUITY OR ON OTHER GROUNDS OR THEORIES, AND REGARDLESS OF THE CIRCUMSTANCES, SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO LICENSOR AT THE TIME THE LIABILITY ARISES.
4. NO WARRANTY ON RELATED SERVICES OR DATA; OTHER TERMS REGARDING DATA. ALL RELATED SERVICES AND ALL DATA IS PROVIDED "AS IS." THE DATA IS DERIVED FROM SOURCES WHICH LICENSOR AND THE DATA SUPPLIERS DEEM USUALLY RELIABLE, BUT NEITHER LICENSOR NOR THE DATA SUPPLIERS OR THEIR RESPECTIVE SUPPLIERS OR AFFILIATES GUARANTEE THE CORRECTNESS OR COMPLETENESS OF THE DATA, AND HEREBY INFORM YOU THAT INTERRUPTIONS, INACCURACIES, ERRORS AND OMISSIONS DO AND WILL FROM TIME TO TIME OCCUR. NEITHER LICENSOR NOR THE DATA SUPPLIERS OR ANY OF THEIR RESPECTIVE SUPPLIERS OR AFFILIATES SHALL HAVE ANY LIABILITY WHATEVER FOR ANY INTERRUPTIONS, INACCURACIES, ERRORS OR OMISSIONS, REGARDLESS OF CAUSE, OR ANY LOSSES YOU INCUR AS A RESULT THEREOF. The use of automated query systems to access the Data is strictly prohibited. Any use of such systems will result in immediate termination of access. You further understand and agree that your right to receive all or a portion of the Data is subject to termination to the extent that Licensor's agreements with any of the Data Suppliers terminate for any reason, or any Data Supplier refuses or is unable, for whatever reason, to continue to supply Data to Licensor (in whole or in part). If that occurs, it may occur without notice, and in no event shall result in any liability to Licensor or any of the Data Suppliers or any of their respective affiliates change any of your payment obligations.
5. USING THE RELATED SERVICES TO MAKE INVESTMENT AND TRADING DECISIONS OR TO INITIATE TRADES. All software, including the Related Services, may contain errors, and all financial market and similar databases and services, including the Data, contain inaccuracies and mistakes and are incomplete in certain respects. You are strongly advised to verify pricing and all other relevant information prior to making any trade or investment. AS BETWEEN LICENSOR AND THE DATA SUPPLIERS ON THE ONE HAND, AND YOU ON THE OTHER, SOLELY YOU FULLY ASSUME THE RISK THAT ERRORS OR INACCURACIES IN THE RELATED SERVICES AND/OR THE DATA MAY RESULT IN YOUR REACHING CONCLUSIONS THAT YOU MIGHT NOT OR WOULD NOT HAVE REACHED HAD SUCH ERRORS AND/OR INACCURACIES NOT BEEN PRESENT. FURTHER, AS BETWEEN LICENSOR AND YOU, SOLELY YOU FULLY ASSUME THE RISK THAT ERRORS MAY CAUSE FAILURES IN THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET OR OTHER CHANNELS, OR INACCURACIES IN INFORMATION BEING SO TRANSMITTED, INCLUDING BUT NOT LIMITED TO TRANSMISSIONS OF ORDERS TO PLACE OR EXECUTE TRADES OR CONFIRM OR CANCEL TRANSACTIONS. YOU AGREE THAT NEITHER LICENSOR OR ITS AFFILIATES, NOR THE DATA SUPPLIERS OR THEIR AFFILIATES, SHALL HAVE ANY LIABILITY WHATEVER FOR ANY CONSEQUENCES OF SUCH ERRORS, INACCURACIES OR FAILURES.
6. INDEMNITY. You shall indemnify and hold harmless Licensor and each of the Data Suppliers, and each of their respective directors, officers, employees and affiliates, from and against any claim, damages, loss, liability, cost and/or expense (including, but not limited to, reasonable attorneys' fees and costs, before and at any trial or other proceeding, at all tribunal levels, and whether or not any suit is instituted) that directly or indirectly arise from or are caused by
a. any use by you of the Financial News Network Online Service, including any of the Related Services and/or any of the Data,
b. any breach or violation by you of any term or provision of this Agreement or any other agreement you have made in connection with use of the Service,
c. your assertion of a claim against Licensor, the Data Suppliers, or any of their respective employees, agents or affiliates, that asserts that any of them are responsible or liable for any loss or damage the risk of which has been disclaimed by Licensor (on its own behalf and/or on behalf of the Data Suppliers and Licensor and the Data Suppliers' respective employees, agents or affiliates) or assumed by you under this Agreement,
d. any violation of any kind by you, or on your behalf, of the legal or contractual rights of any third party (including Licensor and each Data Supplier and their respective affiliates), including, but not limited to, violation of any such third party's patent, copyright, trademark, service mark, trade secret or other intellectual property rights, and/or
e. any false or misleading information provided by you to Licensor, any of the Data Suppliers, or to any of their respective suppliers and/or affiliates.
7. THIRD-PARTY BENEFICIARIES. Each of the Data Suppliers is an intended third-party beneficiary of this Agreement, and may enforce all rights and obligations in its favor contained in this Agreement, provided that the right to such enforcement is assigned to it by Licensor. Licensor may make any such assignment in its sole and absolute discretion, and no such assignment, if and when made, shall create any liability of Licensor to you or any other person or entity.
8. FORCE MAJEURE. The performance by Licensor and each of the Data Suppliers of this Agreement, including delivery, availability and use of the Related Services and the Data, shall be excused (without creating liability of any kind to Licensor or any Data Supplier) in the event and to the extent that any war, union strike, hostility, civil disorder, fire, tornado, wind storm, earthquake, power failure, explosion, failure of communications system (or part thereof) or any other third-party failure, or any other act, event or circumstance beyond the reasonable control of Licensor or such Data Supplier (as applicable) renders such performance, in whole or in part, impossible or difficult to accomplish.
9. SEVERABILITY. If any provision of this Agreement is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that determination shall not affect the validity of the remaining provisions of this Agreement.
10. WAIVER. Except as specifically permitted in this Agreement, no provision of this Agreement can be, nor be deemed to be, waived, altered, modified or amended unless agreed to in writing signed by an authorized officer of Comtex (Vice President or higher).
11. ENTIRE UNDERSTANDING; ASSIGNMENT. This Agreement contains the entire understanding between you and Licensor concerning the subject matter of this Agreement. You may not assign any of your rights or delegate any of your obligations hereunder without first obtaining the prior written consent of Comtex.
12. CHOICE OF LAW AND VENUE. This Agreement shall be deemed to have been made in the State of Delaware and shall be construed, and the rights and liabilities of the parties determined, in accordance with the laws of the State of Delaware. You hereby irrevocably consent to personal jurisdiction in the State of Delaware.
13. ADDITIONAL IMPORTANT INFORMATION AND DISCLAIMERS. Investments and trading involve risks, including possible loss of principal and other losses. The Financial News Network Online Service, including the Related Services and Data, are designed, provided and/or presented chiefly to provide a training tool for the understanding of the financial markets. They are made available to you with the understanding that neither Licensor nor the Data Suppliers are engaged in rendering any investment, trading or other professional advice. If investment, trading or other professional advice is required, the services of a competent, licensed professional should be sought. No employee, agent or representative of Licensor, any Data Supplier or any of their respective affiliates is authorized to provide any such advice of any nature whatever, and any such advice, if given, is in violation of Licensor's and such Data Suppliers' policies, is unauthorized and may not be relied upon. The use of any trading system or strategy, including any system or strategy included as a sample in, or that is or was developed using, the Related Services or any of the Data, does not and cannot guarantee that you will make profits, increase profits or minimize losses. Trading results based upon hypothetical or historically tested trading strategies or systems do not necessarily compare to results of actual trading. No hypothetical or historical trading record can account for the level of risk present in actual trading. Numerous factors relating to market conditions, the existence or nonexistence of specific events or circumstances, human error, human/emotional reaction to losses during actual trading, inherent limitations of certain hypothetical or historically tested models, particularly ones that do not operate at the "tick" (as opposed to open, high, low, close) level, volume of trade and liquidity differences between hypothetical models and actual trades, and other supply/demand differences that may not be addressed by hypothetical models, and other conditions and circumstances, can account for these differences. There is no guarantee that your hypothetical trading results, even if tested against historical data, will produce comparable actual trading results. In fact, there are frequently sharp differences between hypothetical or historically tested performance results and the actual results subsequently achieved by any particular trading system or strategy. The possible reasons for this include the likelihood that no trading strategy or system can, even with automated trading, be precisely executed as designed. Also, you should be aware that certain commonly used trading "jargon," including trading terms, such as, for example, a "limited risk" position, should not be taken literally. For example, so-called "limited risk" positions in certain options trades are not in fact limited as may be expected. Again, with respect to matters such as these, a licensed professional should be consulted.
ALL CONTENTS OF THE RELATED SERVICES ARE PROVIDED FOR INFORMATION AND EDUCATIONAL PURPOSES ONLY. YOU AGREE THAT THE RELATED SERVICES SHOULD NOT BE INTERPRETED AS INVESTMENT ADVICE, AS AN ENDORSEMENT OF ANY SECURITY, OR AS AN OFFER TO BUY OR SELL ANY SECURITY. COMTEX IS NOT A REGISTERED BROKER DEALER, OR FINANCIAL ADVISOR. COMTEX DOES NOT PROVIDE PERSONAL INVESTMENT ADVICE AND DOES NOT REPRESENT ITSELF AS A QUALIFIED INVESTMENT ADVISOR OR PROPERLY LICENSED PARTY. YOU ALSO UNDERSTAND AND AGREE THAT, FROM TIME TO TIME, COMTEX AND/OR ITS AFFILIATES AND ANY OR ALL OF THE INFORMATION PROVIDERS OR THEIR AFFILIATES MAY HOLD POSITIONS IN SECURITIES MENTIONED AND THAT THEY MAY TRADE FOR THEIR OWN ACCOUNT BASED ON THIS INFORMATION. SUBSCRIBERS AND VISITORS TO COMTEX AND ALL OF ITS AFFILIATED WEBSITES SHOULD ASSUME AT ALL TIMES THAT ANY AND ALL POSITIONS DISCUSSED, LISTED, AND OR REFERRED TO OR APPEARING AT THE WEBSITE MAY ALSO BE CURRENTLY OWNED BY COMTEX AND ITS AFFILIATES AND SUCH POSITIONS MAY CHANGE AT ANY TIME.
REMARKS AND DATA COMPRISING THE RELATED SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. IN NO EVENT WILL COMTEX BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON COMTEX, WHETHER OR NOT CAUSED IN WHOLE OR PART BY OUR NEGLIGENCE OR ERROR.
The trading of securities may not be suitable for all potential users of our Related Services. You should be aware of the risks inherent in the financial markets. Past performance does not guarantee or imply future success. You cannot assume that profits or gains will be realized or that any recommendation made by Comtex will be profitable. Due diligence is necessary for any and all investment or trading decisions to be made by you.
The purchase of securities discussed by Comtex may result in the loss of some or all of any investment made. Trading stocks, options, or other investment vehicles are inherently filled with risk.
No security featured on this website has paid a fee, or otherwise compensated Comtex for their appearance, coverage, and/or favorable opinion. The trends associated with the stocks, and any opinions regarding securities markets and other investments mentioned on this site or through any service we offer are purely the result of independent research conducted by Comtex and are not offers or solicitations to buy or sell the securities mentioned.
We recommend that you consult a stockbroker or financial advisor before buying or selling securities, or making any investment decisions. You assume the entire cost and risk of any investing and/or trading you choose to undertake.
All information provided by Comtex is obtained from sources believed to be accurate and reliable. However, due to the number of sources from which information is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions, or inaccuracies in such information. Comtex does not warrant the completeness, correctness, or accuracy of the information provided.
Financial News Network Online, SmarTrend and Trade The Trend are registered trademarks of Comtex. All other trademarks, service marks, and logos used on our web sites are the trademarks, service marks, or logos of their respective owners.
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