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 November 17, 2008 |
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Terms of Use
This website (the "Website") which hosts UnifiedMarkets ("UM"), a Financial Information Exchange NetworkTM, is owned and operated by UnifiedMarket Worldwide, LLC, a Delaware limited liability company ("UMW") and may only be used for non-transactional informational purposes. By using the Website or accessing or downloading information or materials from the Website, you agree to abide by the terms and conditions set forth in these Terms of Use. If you do not agree to abide by these Terms of Use, do not use the Website or access or download information or materials from the Website.
Your privilege to access and use the Website and UM services is expressly conditioned upon your advance and continuing agreement to be bound by these Terms of Use and the Membership Rules Please read them carefully. Elements of the Website and related UM services, including certain operational functions and methodologies, are also protected by UMW’s pending and provisional patent claims, trade secrets and other laws. Unauthorized duplication of any portion of the Website (including without limitation text and /or graphics, source code, proprietary search and other user-enabling functionalities) is expressly prohibited without the express advance written permission of UMW. Nothing contained on the Website, these Terms of Use or the Membership Rules should be construed as granting, by waiver, implication, estoppel or otherwise, any license or right to use any trade name, trademark, or servicemark displayed on the Website without the written permission of UMW or such third party that may own that trade name, trademark or servicemark. Please be advised that UMW will aggressively enforce its intellectual property rights to the fullest extent of the law. You fully understand and unconditionally accept that all information presented on the Website is provided "as-is" without warranties or representations of any kind, express or implied, including those of merchantability and fitness for a particular purpose, or arising from a course of dealing, usage or trade practice. For good and valuable consideration (including access to the Website), the receipt of which by you is acknowledged, you agree that UMW makes no warranties or representations regarding the accuracy or completeness of the information presented on the Website and that UMW and its subsidiaries, affiliates, partners, agents, directors, officers and employees are all absolutely and unconditionally released and indemnified from any and all legal liability and responsibility to you for Website-related operations, including but not limited to accuracy or completeness of any information displayed on or through the Website, as well as the actions - or lack thereof - of other users of the Website, failure of Website operations, and any and all other circumstances that cause harm or damages of any kind or nature to you which directly or indirectly results from your access to and/or use of Website-related information and/or services.
The content posted on the Website is the sole property of UMW, its affiliates or subsidiaries or other third parties, unless otherwise indicated, and is protected by applicable copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in a writing, the content available on the Website may only be downloaded, displayed, reformatted and printed for your personal, non-commercial use. You may not reproduce, retransmit, distribute, disseminate, sell, publish, frame, broadcast or circulate the content available on the Website to anyone, including, but not limited to, others in your company or other organization as yourself, without UMW’s express prior written consent. As a material term and condition of access to and use of the Website, you acknowledge and unconditionally agree that the Website and the UM is provided for informational and price discovery purposes only and is not intended or to be used for trading purposes. Under no circumstances will the Website or the UM be used to confirm or execute any transaction. Except for Member information posted in an on-line confidential UM Discussion Room, if you post information of any kind to the Website, you grant UMW, its affiliates, and representatives a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such content throughout the world in any form, media, or technology now known or hereafter developed. You also permit any other user to access, store, or reproduce such content for that user's personal use. If you are an issuer that posts a Preliminary Term Sheet for a private placement of a financial instrument, then you grant UMW and its affiliates, representatives, and sub-licensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the information that you submit; that the information you submit is truthful and accurate; that use of the information you submit does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify UMW and its affiliates, successors and assigns for all claims and liabilities relating to or arising from information you provide to the Website. UMW takes no responsibility and assumes no liability in connection with its receipt of such information. Certain sections of or pages on the Website may contain additional terms and conditions of use, including the Membership Rules, which are in addition to these Terms of Use. You should read those additional terms and conditions carefully. By accessing such sections or pages, you agree to be bound by those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern your use of those sections or pages. Unauthorized use of the Website and its systems, including, but not limited to, unauthorized entry into restricted areas of the Website or its systems or misuse of any information, is strictly prohibited. You may not use the Website in any manner that could damage, disable, overburden, or impair any UM service or interfere with any other party's use and enjoyment of the Website, the UM or any other service. You may not attempt to gain unauthorized access to any the Website, the UM, or other service, computer systems or networks connected to any UM website or service, through hacking, password mining or any other means. You agree that you will not engage in any activities which involve the use of or access to the Website, the UM or any other services that are in violation of any applicable laws or regulations. UMW may, at its discretion, monitor and review and indefinitely retain the content of any and all Website communications by and among users of the Website, including any communications and information you may provide to the Website.
As part of the registration process necessary to obtain access to portions of the Website that are username and password-protected, you will be required to select a username and a password. You will provide UMW with certain registration information, all of which must be accurate, truthful, and timely updated. You will not (a) select a username already used by another person; (b) use a username in which another person has rights without such person's authorization; or (c) use a username or password that UMW, in its sole discretion, deems offensive or inappropriate. UMW reserves the right at any time to deny access to the Website or UM based on UMW’s inability to verify the authenticity of your registration information. You will be solely responsible for maintaining the confidentiality of your password. You agree to immediately notify UMW of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are fully responsible for all of your usage of and activity on the Website, including, but not limited to, use of your password by an unauthorized third party. The use of your password by any other person or entity is strictly prohibited. If the computer system on which you accessed the Website is sold or transferred to another party, you warrant and represent that you will delete all software files obtained by or through use of the Website. UMW reserves the right to suspend or terminate your Website access and/or membership in its sole discretion at any time, either with or without notice. You may terminate your membership at any time by submitting that notice to UMW. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your membership will be immediately terminated without right of reimbursement.
You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or its content. You agree not to add to, subtract from, or otherwise modify the content, or to attempt to access any content that is not intended for you. You agree not to use the Website in any manner that might interfere with the rights of third parties. You agree not to interrupt or attempt to interrupt the operation of the Website in any way.
When you visit the Website or send us emails, you are communicating with us electronically. You consent to receive communications from us electronically. Please be advised that we may communicate with you via email or by posting notices to the Website. You acknowledge and agree that all notices, disclosures, agreements and any other communication that we may provide to you electronically satisfies any legal requirement that the communication be in writing.
UMW may provide, on the Website, links to websites operated by other entities. If you use these websites, you will leave the Website. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other harmful elements and to abide by the terms and conditions of use of such websites. Because UMW does not control the content of any other websites, neither UMW nor its affiliates, subsidiaries, successors, or assigns can be responsible for the content, practices or standards of such other websites or websites framed within the Website or any third party advertisements. UMW makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon, including the accuracy and timeliness of any such information, or any of the products or services described thereon. Links do not imply that UMW or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of UMW or any of its affiliates or subsidiaries.
THE CONTENT OF THIS WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE". UMW AND ITS CONTENT PROVIDERS MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OF USE OR THE CONTENT OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. UMW AND ITS CONTENT PROVIDERS FURTHER DISCLAIM ANY REPRESENTATION OR WARRANTY: (a) THAT THE CONTENT WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT THE CONTENT IS FREE OF ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS OR THAT THE INFORMATION IS COMPLETE, (b) THAT THE AVAILABILITY OF THE WEBSITE OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) REGARDING ANY ASSET(S) OR SERVICES DIRECTLY OR INDIRECTLY PURCHASED OR OBTAINED BY YOU THROUGH ACCESS TO THE WEBSITE, OR (d) THAT ANY ERRORS IN THE WEBSITE OR THE CONTENT WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY MONETARY LOSS FROM INDICATED TRANSACTIONS ON THE WEBSITE OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH INFORMATION. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY THE WEBSITE, ITS AGENTS, REPRESENTATIVES, EMPLOYEES, LICENSEES, CONTENT PROVIDERS OR THE LIKE WILL CREATE A WARRANTY OR GUARANTY, NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. YOU ALSO EXPRESSLY UNDERSTAND THAT THE CONTENT PROVDED BY OR CONTAINED WITHIN THE WEBSITE IS NOT INTENDED TO PROVIDE ANY LEGAL, TAX, INVESTMENT OR FINANCIAL ADVICE.
IN NO EVENT WILL UMW OR ANY THIRD PARTY PROVIDING CONTENT WITHIN THE WEBSITE BE LIABLE FOR ANY LIABILITY OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE WEBSITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF UMW OR ANY THIRD PARTY PROVIDING CONTENT WITHIN THIS WEBSITE, OR THEIR RESPECTIVE AGENTS, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. HYPERLINKS TO OTHER INTERNET RESOURCES ARE AT YOUR OWN RISK; THE CONTENT, ACCURACY, OPINIONS, EXPRESSIONS, AND OTHER LINKS PROVIDED BY THESE RESOURCES ARE NOT INVESTIGATED, VERIFIED, MONITORED, OR ENDORSED BY UMW.
You agree to indemnify, hold harmless and defend UMW, its subsidiaries, affiliates, officers, directors, agents, partners, employees, third party content providers and attorneys for any loss, liabilities, damages, costs or expenses, including reasonable attorneys' fees and costs, arising out of or relating to any third party claim, proceeding, action, or demand arising out of or relating to (a) your access to and use of the Website, (b) your breach or violation of any term, condition, representation or warranty contained herein, and (c) your violation of state, federal or foreign securities laws or regulations, or any other person's rights, including but not limited to infringement of any intellectual property, proprietary, or privacy right of any third party.
UMW business development and marketing offices are in New Jersey, in the United States of America ("USA"). The Website is currently controlled, operated and administered from within the USA. If you access the Website from another location outside of the USA, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction. These Terms of Use shall be binding upon, inure to the benefit of, and be enforceable by UMW and its successors and assigns. These Terms of Use shall be governed by the laws of the State of New York, USA, without giving any effect to its conflict of laws provisions. If any provision of these Terms of Use is found to be invalid or unenforceable by any court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of any of the remaining provisions of these Terms of Use.
Pursuant to the Digital Millennium Copyright Act of 1998, notifications of claimed copyright infringement which comply with the requirements listed in 17 U.S.C. § 512(c)(3)(A) should be directed to our registered copyright agent via mail, overnight courier service, or e-mail: Via Email: ummanagement@unifiedmarkets.com Via Telephone: 877.651-4080 For customer support, please call 877.651.4080 or send email to uminfo@unifiedmarkets.com.
If you have any concern about the Website, our Privacy Policy, or these Terms of Use, please contact us and tell us your concerns. Please be advised that we may change or update our Terms of Use from time to time. Unless you instruct us otherwise, we may, at our discretion, email periodic reminders of any changes or updates to our Terms of Use. However, you should check the Website frequently to see any recent changes. If we decide to change or update our Terms of Use, we will use our best efforts to post those changes to this website thirty (30) days prior to their effective date. Unless otherwise stated, our current Privacy Policy applies to all information that we have about you. Last updated: July 22, 2008 |
