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BY DOWNLOADING A RSS FEED
(THE "SERVICE") FROM FUNDSNETSERVICES.COM, YOU ARE CONSENTING TO BE
BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT ("AGREEMENT"). IF
YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD
THE SERVICE. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS
EXPRESSLY LIMITED TO THESE TERMS.
FUNDSNETSERVICES.COM ("FUNDSNETSERVICES.com", "we" or "our") may modify
any of the terms and conditions contained in this agreement, at any time
and in our sole discretion, by posting a change notice or a new
agreement on our site. Your continued use of the service following our
posting of a change notice or new agreement on our site will constitute
binding acceptance of the change.
1. GRANT. Subject to the terms of this Agreement and, unless otherwise
consented to by FUNDSNETSERVICES.COM, FUNDSNETSERVICES.COM hereby grants
you, during the Term, a revocable, nontransferable, nonsublicensable,
royalty-free, nonexclusive license to display on your Web site ("Site")
the headlines, active links, or other source identifiers, and other
information or materials, including any promotional taglines that you
specifically select to receive from FUNDSNETSERVICES.COM (collectively,
the “Content”) through the Service provided that you do not alter,
edit, or delete any of the Service. FUNDSNETSERVICES.COM may restrict,
suspend or terminate your access to any aspect or all of the Service at
any time without liability. FUNDSNETSERVICES.COM reserves the right to
modify the Service at any time within FUNDSNETSERVICES.COM's sole
discretion. You acknowledge that the Service availability is subject to
change at FUNDSNETSERVICES.COM's sole discretion.
2. RESERVATION OF RIGHTS. The Service is protected by the copyright laws
of the United States and international copyright treaties. As between
the parties, title, ownership rights, and intellectual property rights
in and to the Service, and any copies or portions thereof, shall remain
in FUNDSNETSERVICES.COM. In addition, any additional programming or
technology provided by FUNDSNETSERVICES.COM in connection with the
delivery of the Service or otherwise shall remain the sole property of
FUNDSNETSERVICES.COM and no part thereof shall be deemed assigned or
licensed to you. FUNDSNET SERVICES.COM shall retain all rights to the
Service not expressly granted to you under Section 1 of this Agreement.
3. RESTRICTIONS. Except as expressly set forth in Section 1 and/or
unless otherwise consented to by FUNDSNETSERVICES.COM, you may not,
directly or indirectly: (a) sell, modify, translate, copy, publish,
transmit, distribute or otherwise disseminate the Service or any portion
thereof; or delete or fail to display any promotional taglines included
in the Service; (b) rent, lease, or otherwise transfer rights to the
Service; (c) display the name, logo, trademark or other identifier of
another person (except for FUNDSNETSERVICES.COM or you) on your Site in
such a manner as to give the viewer the impression that such other
person is a publisher or distributor of the Service on the Site; (d)
remove, conceal or obliterate any copyright or other proprietary notice
or any credit-line or date-line on other mark or source identifier
included on the Service, including without limitation, the size, color,
location or style of FUNDSNETSERVICES.COM's marks; (e) encumber or
suffer to exist any lien or security interest on the subject matter of
this Agreement; (f) make any representation or warranty on behalf of
FUNDSNETSERVICES.COM; or (g) use the Service on any Site that contains
nudity or pornographic material of any kind, displays material that
exploits children under the age of 18 promotes or provides instructional
information about illegal activities or physical harm or injury against
any group or individual, or use the Service in any manner that is
obscene, defamatory, libelous, invasive of personal privacy or
misleading.
Unless otherwise permitted by FUNDSNETSERVICES.COM, you will: (i)
display the Service on your Site in the exact form received by you, and
not modify or edit any of the foregoing without FUNDSNETSERVICES.COM's
prior written consent; (ii) ensure that the fundamental meaning of the
Service is not changed or distorted; (iii) comply with all applicable
laws and all limitations and restrictions (if any) placed by
FUNDSNETSERVICES.COM on the use, display or distribution of any Service
("Usage Restrictions"); (iv) give FUNDSNETSERVICES.COM complete and
accurate registration information when requested to do so; and (v) not
archive any of the Service for access by users at any future date after
the Service has been removed from your Web site. You acknowledge that
the service must link and redirect to the appropriate
FUNDSNETSERVICES.COM Web page when a user clicks on the Service (e.g. a
headline). You shall not display the Service in such a manner that does
not allow for successful linking and redirection to, and delivery of,
FUNDSNETSERVICES.COM's Web page, nor may you frame any
FUNDSNETSERVICES.COM Web page. You must always stipulate that the
Service is supplied by FUNDSNETSERVICES.com and is protected by
copyright and owned by FUNDSNET SERVICES.
FUNDSNETSERVICES.COM assumes no liability for your activity in
connection with the Services and the Service or for the development,
operation, and maintenance of your Site. Any fraudulent, abusive, or
otherwise illegal activity will be grounds for termination of this
Agreement. You will not attempt to hide your identity, represent
yourself as someone else, compromise or attempt to compromise the
security of any account, or interfere or attempt to interfere with the
proper working of Services. If you use, or attempt to use, any Service
beyond the scope of the license granted in this Agreement, or beyond the
scope expressly granted by FUNDSNETSERVICES.COM, or attempt to, tamper,
hack, spoof, use robots or scripts, copy, distribute, modify, or
otherwise corrupt the administration, security, or proper function of
any part of the Service, then, in addition to termination of this
Agreement, you may be subject to appropriate legal and equitable action.
4. WARRANTY DISCLAIMER. You represent and warrant to
FUNDSNETSERVICES.COM that your Mark(s) and/or content on your Web site,
other than the Service, do not and will not infringe any trademark,
service mark, copyright, right to publicity, right of privacy or other
intellectual property right of a third party, constitute false,
deceptive or unfair advertising or disparagement under applicable law,
or fail to comply with applicable laws and regulations (including, for
example, licensing requirements and administrative or professional
rules). FUNDSNETSERVICES.COM represents and warrants that
FUNDSNETSERVICES.COM either is the sole owner of all U.S. trademark,
copyright, patent rights and service marks in and to the
FUNDSNETSERVICES.COM Service provided to you for display within your Web
site or that FUNDSNETSERVICES.COM has sufficient license rights to
distribute said FUNDSNETSERVICES.COM Service in the manner contemplated
by this Agreement. FUNDSNETSERVICES.COM shall not be liable for any
claims or actions arising from any Content included in the Service that
has been edited by you in any way. In addition, FUNDSNETSERVICES.COM
makes no representations concerning any interruption in Service.
FUNDSNETSERVICES.COM PROVIDES THE SERVICE AND CONTENT ON AN "AS IS" AND
"AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, AND
FUNDSNETSERVICES.COM
HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, ACCURACY OR
RELIABILITY. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
OF THIS AGREEMENT.
5. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL
FUNDSNETSERVICES.COM BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF
GOODWILL, WORK STOPPAGE, ACCURACY OF SERVICES, CONTENT OR RESULTS,
COMPUTER FAILURE OR MALFUNCTION, DAMAGES RESULTING FROM DISABLING OF THE
SERVICE RELATED TO NON-PAYMENT OF LICENSE FEES, COST OF PROCUREMENT OF
SUBSTITUTE GOODS, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN
NO EVENT WILL FUNDSNETSERVICES.COM BE LIABLE FOR ANY DAMAGES IN EXCESS
OF THE FEES PAID BY YOU (IF ANY) IN CONNECTION WITH THE SERVICE, EVEN IF
FUNDSNETSERVICES.COM SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. TO THE EXTENT THAT THE
FOREGOING LIMITATION IS NOT APPLICABLE FOR ANY REASON, THE LIABILITY OF
THE PROVIDERS, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS
SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
6. INDEMNITY. You hereby agree to fully indemnify, defend and hold
FUNDSNETSERVICES.COM and its parent and affiliates and their respective
officers, directors, employees and licensors (collectively, the
"Provider Parties") harmless from and against any and all claims,
liability, losses, costs and expenses (including attorneys' fees)
incurred by you in connection with: (i) any use or alleged use of the
Service through your account by any person, whether or not authorized by
you; or (ii) the operation and content on your Site or (iii) any breach
of your representations and warranties and other covenants under this
Agreement. FUNDSNETSERVICES.COM reserves the right, at its own expense, to assume
the exclusive defense and control of any matter otherwise subject to
indemnification by you, and in such case, you agree to cooperate with
FUNDSNETSERVICES.COM's defense of such claim.
7. TERMINATION. Unless otherwise agreed to by FUNDSNETSERVICES.COM, you
may terminate this Agreement and the license granted herein at any time
by destroying or removing all copies of the Service from your Site, all
hard drives, networks, and other storage media. Unless otherwise agreed
to by FUNDSNETSERVICES.COM, FUNDSNETSERVICES.COM may restrict, suspend
or terminate the Service, this Agreement, the license granted herein, or
your access to any aspect or all of the Service at any time without
liability. You agree to destroy or return to FUNDSNETSERVICES.COM all
copies of the Service and all Proprietary Information promptly upon
learning of such Termination. Sections 2 through 8 shall survive
termination of this Agreement.
8. MISCELLANEOUS. This Agreement represents the complete agreement
concerning this license between the parties and supersedes all prior and
contemporaneous agreements and understandings between them, whether
written or oral. If any provision of this Agreement is held to be
unenforceable for any reason, such provision shall be reformed only to
the extent necessary to make it enforceable. This Agreement shall be
governed by and construed under the internal laws and jurisdiction of
the State of Connecticut, without regard to its conflict of laws
principles. Any action to enforce this agreement shall be brought in the
federal or state courts located in Hartford, Connecticut. You may not
assign this Agreement without FUNDSNETSERVICES.COM's prior written
consent; any assignment by you without such consent shall be null and
void. You shall be responsible for compliance with all applicable laws,
rules and regulations, if any, related to the performance of its
obligations under this Agreement. Neither party will be liable for any
failure to perform any obligation (other than payment obligations)
hereunder, or from any delay in the performance thereof, due to causes
beyond its control, including industrial disputes of whatever nature,
acts of God, public enemy, acts of government, failure of
telecommunications, fire or other casualty.
FUNDSNETSERVICES.COM is not responsible for any costs or liability
associated with making a connection (by any means) to the Internet, the
Service or other online service, or network. You certify you are legally
permitted to use the Services and access the Service, and if you are an
individual, you are over 18 years of age. You take full responsibility
for the selection and use of the Services and access of the content.
This Agreement is void where prohibited by law, and the right to access
the Service is revoked in such jurisdictions. Nothing in this Agreement
will be deemed to limit or restrict FUNDSNETSERVICES.COM from entering
into agreements with any other person covering services similar to your
Site or from offering such similar services itself. The parties hereto
are independent contractors, and nothing in this Agreement creates any
partnership, joint venture, agency, franchise, sales representative or
employment relationship between the parties. You have no authority to
make or accept any offers or representations on our behalf and you shall
not make any statement, on your site or otherwise, that conflicts with
this Agreement.
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