Subject to these Terms and Conditions of Use ("Agreement"), Avantis Analytics Inc. (“Avantis”) (as defined hereunder) makes available certain online services, collectively referred to as "Avantis Service", on various websites to authorized users ("you"
or "your") by virtue of your accessing Avantis Service. Avantis Service delivers information, data, news, reports, programs, video, audio, other content and Services ("Content").
For the purposes of this Agreement, "Avantis" shall mean Avantis Analytics Inc., its Affiliates (any company or website that provides access to Avantis Service), and Other Parties (Partners; Content Providers; Licensors; and Service Providers).
Additionally, for the purposes of this Agreement, "Related Parties" shall mean Avantis Analytics Inc’s, and its Affiliates’ and Other Parties’ respective Officers, Directors and Employees.
Avantis reserves the right at any time to amend, change, revise, add, or modify the terms and conditions set forth in this Agreement without prior notice to you. Avantis will post such amendments, changes or modifications to https://www.avantisai.com/tou.html,
or, at its option, may otherwise cause the terms and conditions to be delivered to you, electronically or otherwise.
Your continued use of Avantis Service after the amendments, changes or modifications to this Agreement are posted constitutes your agreement to be bound by such amendments, changes or modifications to this Agreement, regardless of whether you have actually read them. Avantis may justifiably rely upon such continued use of Avantis Service as evidence of the acceptance of any such amendments, changes or modifications. Avantis shall not be bound by any verbal statements that seek to amend the terms and conditions set forth in this Agreement.
You may be required to complete additional applications, such as Exchange Agreements and other such records and, in some cases you may do so electronically. Your intentional action in electronically signing any such additional applications where indicated is valid evidence of your consent to be legally bound by the terms of such additional applications and by other documentation submitted in the registration process or governing my relationship with Avantis. The use of an electronic version of these documents fully satisfies any requirement that they be provided to you in writing. You are solely responsible for reviewing and understanding all of the terms and conditions of these documents and agree to conduct the registration process and other transactions with Avantis by electronic means. You accept as reasonable and proper notice, for the purpose of any and all laws, rules and regulations, notice by electronic means, including, but not limited to, the posting of such communications at https://www.avantisai.com/tou.html or sending same via email. You agree that this Agreement constitutes notice of such posting. You agree that such delivery shall be deemed effective delivery to you whether or not you access or review the Communication.
The electronically or other properly stored copy of this Agreement and any Account Application or Account Documents is considered to be the true, complete, valid, authentic and enforceable record of the applicable document, admissible in judicial or administrative proceedings to the same extent as if the documents and records were originally generated and maintained in printed form. You will not contest the admissibility or enforceability of Avantis’ copy of the documents in any proceeding arising out of this Agreement.
Any access or use of Avantis Service or any other Service offered by Avantis, its affiliates or non-affiliated companies through Avantis, constitutes your unconditional acknowledgement and acceptance of and agreement to this Agreement. This Agreement and its provisions shall be continuous, cover individually and collectively all of Avantis Service which you may use, and inure to the benefit of Avantis, its successors and assigns. The Agreement shall be binding upon you and your estate, executors, personal representatives, administrators, successors and assigns.
1. "Information Providers" refers to third parties, including without limitation all Exchanges and quotation services, which provide financial or investment information, such as raw exchange data, analysis, commentary, market
data, news or research, or tools ("Information") by or through Avantis Service.
2. "Exchange Agreements" means licenses or authorizations (including: import licenses; exchange, index, data source or contributor licenses; and other regulatory or governmental approvals) required by an Information Provider, and/or necessary for your receipt and/or use of the Information.
3. "Exchange Fees" means any expenses associated with Client obtaining Exchange Agreements. Exchange Fees may also include an administrative fee charged by Avantis for exchange reporting and Exchange Agreement handling, if applicable.
In consideration of Avantis providing you with access to Avantis Service, you understand and agree to the following:
1. You warrant and represent you have the required legal capacity and you are authorized to enter into this Agreement.
2. Avantis shall not be responsible for the accessibility of, transmission quality, outages to, or malfunction of any telephone circuits, computer system or software. You are responsible for providing and maintaining the communications equipment, including personal computers and modems required for accessing Avantis Service. Avantis reserves the right to suspend Avantis Service and deny access to electronic trading systems, without prior notice, during scheduled or unscheduled system maintenance, repairs or upgrades.
3. Avantis will maintain adequate procedures to ensure the confidentiality of all account information within its possession. All your account numbers, User ID’s and passwords are confidential, and you agree to be fully responsible for your account and identification numbers and for all activities under your account number, User ID, or password. Avantis may justifiably rely that any actions conducted through Avantis Service and placed under your account number, User ID, or password were placed or authorized by you. You will immediately notify Avantis if any of the following shall occur: (1) the loss or theft of your account number, User ID, or password; or (2) should you become aware of any unauthorized use of your account number, User ID, or password.
4. Avantis shall not be liable for loss caused directly or indirectly by any exchange or market ruling, government restriction, or any "force majeure" (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, communications or power failure, equipment or software malfunction) or any other cause beyond the reasonable control of Avantis.
5. Avantis Service and all of the Content and Information are provided "as is" without warranty of any kind. Avantis and Information Providers expressly disclaim all warranties and conditions with regard to Avantis Service, the Content, and the Information, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. By using Avantis Service, Content, and Information, you assume all of the risks associated with their use, and you release and agree to indemnify and hold harmless Avantis and Information Providers from any and all liability, claims for damages, and losses arising from or connected with such risks.
6. You agree that neither Avantis nor the Information Providers shall have any liability, contingent or otherwise, for the truth, accuracy, completeness, timeliness, interruptions, omissions or correct sequencing of the Information or Content on Avantis Service, or for any decision made or action taken by you in reliance upon or interpretation of the Information or Content on Avantis Service. In no event shall Avantis or the Information Providers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with (1) the use of Avantis Service, Content, or the Information; (2) the delay, interruption or inability to use any aspect of Avantis Service, Content or the Information; (3) any Information or Content obtained through Avantis Service; or (4) otherwise arising out of the use of Avantis Service, Content, or Information, whether based on contract, tort, strict liability or otherwise, even if Avantis or Information Providers have been advised of the possibility of damages. Some states do not permit exclusions of certain implied warranties or the exclusion of incidental or consequential damages; so these disclaimers and limitations may not apply to you.
7. Avantis Service, Content, and the Information provided by Avantis and Information Providers, and the manner of their provision, individually or as a whole, are all protected pursuant to U.S. patent, copyright laws, international treaties or conventions and other laws, and shall remain the exclusive property of Avantis or Information Providers, and no title or ownership interest will transfer to you. You agree not to modify, print, copy, publish, transmit, license, participate in the transfer or sale of, reproduce, create derivative works from, distribute, redistribute, perform, display or in any way exploit Avantis Service, its content or any feature thereof.
8. The Dow Jones Indexessm are proprietary to and distributed by Dow Jones & Company, Inc. and have been licensed for use. All content of the Dow Jones Indexessm © 2013 is proprietary to Dow Jones & Company, Inc. The Dow Jones Wilshire Indexessm are jointly produced by Dow Jones & Company, Inc. and Wilshire Associates, Inc. and have been licensed for use. All content of the Dow Jones Wilshire Indexessm © 2013 is proprietary to Dow Jones & Company, Inc. & Wilshire Associates Incorporated.
9. You agree that as a condition of your continued receipt of index data originating from Dow Jones & Company, Inc. or any of its affiliates or agents, you shall not issue, create or sponsor any financial instruments or investment products (including, without limitation, derivatives, structured products, investment funds or exchange-traded funds) where the price, return and/or performance of such instrument or product is based on, related to, or intended to track, any index published by Dow Jones or a proxy for such index, without a separate written agreement with Dow Jones for such purpose.
10. Lipper Data is Copyright 2013 © Reuters. All rights reserved. Any copying, republication or redistribution of Information, including by caching, framing or similar means, is expressly prohibited without the prior written consent of Lipper. Lipper shall not be liable for any errors or delays in the Lipper Data, or for any actions taken in reliance thereon.
11. Morningstar Data is Copyright 2013 © Morningstar, Inc. All rights reserved. The information contained herein: (1) is proprietary to Morningstar and/or its content providers; (2) may not be copied or distributed; and (3) is not warranted to be accurate, complete or timely. Neither Morningstar nor its content providers are responsible for any damages or losses arising from any use of this information. Past performance is no guarantee of future results.
12. S&P Information and S&P Services are Copyright © 2013, Standard & Poor’s, a division of The McGraw-Hill Companies, Inc. Standard & Poor’s including its subsidiary corporations ("S&P") is a division of The McGraw Hill Companies, Inc. Reproduction of S&P Information and S&P Services in any form is prohibited except with the prior written permission of S&P. Because of the possibility of human or mechanical error by S&P’s sources, S&P or others, S&P does not guarantee the accuracy, adequacy, completeness or availability of any information and is not responsible for any errors or omissions or for the results obtained from the use of such information. S&P GIVES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. In no event shall S&P be liable for any indirect, special or consequential damages in connection with subscriber’s or others’ use of S&P Information and S&P Services.
13. The Information contained herein: (i) includes the proprietary information of Chicago Mercantile Exchange Inc. or it’s licensors, as applicable; (ii) may not be copied, sold or further disseminated except as specifically authorized; (iii) does not constitute investment advice; (iv) is provided solely for informational purposes; and (v) is not warranted to be complete, accurate or timely. You may not develop or create any derivative work or other product that uses, is based on, or is developed in connection with any of the Information (including, without limitation, proprietary data, settlement data or indices) available on this site.
14. Zacks Data is Copyright (c) 1978-2013 by ZACKS Investment Research, Inc ("ZACKS"). The information, data, analyses and opinions contained herein (1) includes the confidential and proprietary information of ZACKS, (2) may not be copied or redistributed, for any purpose, (3) does not constitute investment advice offered by ZACKS, (4) are provided solely for informational purposes, and (5) are not warranted or represented to be correct, complete, accurate or timely. ZACKS shall not be responsible for investment decisions, damages or other losses resulting from, or related to, use of this information, data, analyses or opinions. Past performance is no guarantee of future performance. ZACKS is not affiliated with Avantis. www.zacks.com
15. Nikkei indices copyright (c) Nikkei Inc. All rights reserved. Nikkei shall not be liable for any errors or delays in the Nikkei indices, or for any actions taken in reliance thereon.
16. Hang Seng Indexes Company Limited ("HSIL") ensures the accuracy of its information to the best of its endeavours. However, HSIL does not guarantee the accuracy and accepts no liability (whether in tort or contract or otherwise) for any damage or loss arising from inaccuracies or omissions.
17. HKEx Information Services Limited, its holding companies and/or any subsidiaries of such holding companies endeavor to ensure the accuracy and reliability of the information provided but do not guarantee its accuracy or reliability and accept no liability (whether in tort or contract or otherwise) from any loss or damage arising from any inaccuracies of omissions.
18. Certain financial information included in the content is proprietary to Mergent, Inc. ("Mergent") Copyright © 2016. Reproduction of such information in any form is prohibited. Because of the possibility of human or mechanical error by Mergent sources, Mergent or others, Mergent does not guarantee the accuracy, adequacy, completeness, timeliness or availability of any information and is not responsible for any errors or omissions or for the results obtained from the use of such information. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITHY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. In no event shall Mergent be liable for any indirect, special or consequential damages in connection with subscriber’s or other’s use of such information.
19. Avantis reserves the right at any time, in its discretion and without prior notice to you, to change, revise, modify, add, upgrade, remove or discontinue Avantis Service or Content or Information, in whole or in part. Avantis may also impose limitations or restrictions upon and may revoke your access to and your use of Avantis Service, Content or Information, in whole or in part, without prior notice.
21. Use of Avantis Service requires that you accept all cookies in order to activate special Web features and security mechanisms, and to enhance the performance of Avantis Service. While you browser may allow you to "reject" cookies, Avantis Service may require that you accept all cookies in order for its features and security mechanisms to function fully. Avantis uses "cookies" on Web sites to service the account and keep trading activities secure. A "cookie" is an electronic note created by a web site and stored on your computer.
22. Information made available by and through Web sites is made available by Avantis as a general reference for informational and educational purposes only. Avantis does not control such Information, and is not responsible for the contents or availability of Information provided on the Web sites. Information is protected by copyright and subject to the Information Providers’ terms of usage. Your use of any Information is subject to compliance with such terms of usage.
23. Avantis Service may include hyperlinks to other Web sites owned or operated by parties other than Avantis. Neither Avantis nor its Service Providers are responsible for the content or availability of such other Web sites. Inclusion of a hyperlink does not imply any recommendation or endorsement of the material or content on such third-party Web sites, nor any association with their operators. Under no circumstances will Avantis or its affiliates be responsible or liable, directly or indirectly, for any loss, cost, judgment, penalty, claim action, damage, expense or attorneys’ fees caused or alleged to have been caused in connection with the use or reliance on any content, goods or services available on such external Web sites.
24. You will not use Avantis Service, Content, or Information for any purpose that is unlawful, violates the rights of any third party, or which is otherwise prohibited by this Agreement. You will not transmit through Avantis Service any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable and which encourages conduct that would constitute a criminal offense or give rise to civil or criminal liability.
25. Avantis does not guarantee the accuracy of the information and data supplied by Information Providers. Avantis is not responsible for the quality or reliability of this information. You acknowledge that commentary, analysis or similar materials may contain forward-looking statements and that any Content, Information, software, or tools may not account for or reflect fluctuations in interest rates or other economic conditions and changes.
26. Neither Avantis nor Information Providers shall be liable for any loss resulting from your use of the Avantis Service, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorized access, the malfunction of your electronic or mechanical equipment, personal computer and any lines thereto, theft, operator errors, or due to any "force majeure" (e.g., severe weather, earthquakes, flood, fire or other acts of God), strikes or other labor problems, or to any other cause beyond the reasonable control of Avantis or any third party. The availability of the Avantis Service or Information does not constitute an offer or solicitation to buy or sell any investment product. You release and agree to indemnify and hold harmless Avantis from any and all liability, claims for damages, and losses of any kind resulting from any action taken by you pursuant to this Agreement.
27. Avantis has identified certain types of accounts and certain situations where you may electronically sign your Account Application or other documents, such as Exchange Agreements and other such records, collectively referred to as "Account Documents." Your intentional action in electronically signing the Account Application or Account Documents where indicated is valid evidence of your consent to be legally bound by this Agreement and by other documentation submitted in the Account Application process or governing your relationship with Avantis. The use of an electronic version of these Account Documents fully satisfies any requirement that they be provided to you in writing. You are solely responsible for reviewing and understanding all of the terms and conditions of these documents and agree to conduct the Account opening process and other transactions with Avantis by electronic means. You accept as reasonable and proper notice, for the purpose of any and all laws, rules and regulations, notice by electronic means, including, but not limited to, the posting of Account Document changes to https://www.avantisai.com/tou.html. You acknowledge and agree that you are obliged to periodically review these Account Documents at https://www.avantisai.com/tou.html for changes or modifications that may be made by Avantis from time to time. The electronically or other properly stored copy of the Agreement and any Account Application or Account Documents is considered to be the true, complete, valid, authentic and enforceable record of the applicable document, admissible in judicial or administrative proceedings to the same extent as if the documents and records were originally generated and maintained in printed form. You will not contest the admissibility or enforceability of Avantis’ copy of the documents in any proceeding arising out of this Agreement.
28. By agreeing to this Agreement, or by giving Avantis your electronic mail address (e-mail), you consent to the electronic delivery by Avantis to you of all information relating to your account, new product offerings, pricing changes, and changes to Avantis Service ("Communications").Your consent further authorizes Avantis to deliver all such Communications to you by e-mail or by posting the Communication on the Web site where the Communication can be read and printed. You agree that this Agreement constitutes notice of such posting. Your consent further authorizes Avantis to deliver Communications to you by giving you an e-mail that includes a hyperlink to an address on the World Wide Web or the Web site where the information is posted, and can be read and printed. Your consent further authorizes Avantis to deliver a Communication to you by sending you a notice by e-mail, mail, telephone, or facsimile transmission which directs you to an address on the World Wide Web and/or a place within the Web site where the Communication is posted and from which it can be read and printed. You agree that such delivery shall be deemed effective delivery to you whether or not you access or review the Communication. It is mandatory that you maintain a subscription to any Communications, as described above. If you wish to no longer receive these Communications, you must cancel your account with Avantis.
29. Avantis Service is provided exclusively for your personal use. You will not access or use the Services in any unlawful manner, for any unlawful purpose or in violation of this Agreement or applicable laws, rules and regulations. Other than as expressly allowed by this Agreement, you will not engage in the uploading, posting, decompiling, reverse engineering, disassembling, modification, copying, distribution, transmission, reproduction, republication, licensing, display, sale, or the transfer or creation of derivative products or other works of or from any product, service, information, content, software, message, advertisement or any other work found at, aggregated at, contained on, distributed through, linked to or from, downloaded to or from or in any other manner accessed from the Services ("Materials").
30. Permitted Use, Limitations on Use. You may display the Material from one location at a time on your monitor/ print screens only for your individual use, keeping all our copyright and other notices on the Material. You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, or provide the information or services in any manner without the prior express written consent of Avantis.
31. Avantis, or Information Providers’ company names and logos and all related product and service names, design marks and slogans are the property of the respective company or its affiliates. You are not authorized to use any such name or mark in any advertising, publicity or any other commercial manner. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Services or in any Material. Avantis and/or Information Providers retain all such rights of ownership.
32. Avantis Service is provided for your convenience, and use of Avantis Service and any reliance upon any Materials, including any action taken by you because of such use or reliance, is at your sole discretion and risk. Neither Avantis nor Information Providers, licensors, employees, distributors or agents is responsible or liable for, or makes any representations or warranties as to: Any representations, promises, recommendations or inducements that may be made by or through any party (including vendors) found at, on, through or from Avantis Service; the timeliness, accuracy, reliability, completeness, legality, copyright compliance or decency of Avantis Service or any Materials; any inaccuracy, omission, error or delay in Avantis Service or any Materials; nonperformance of or interruption in Avantis Service or any Materials due to: (i) any act or omission by any disseminating party; (ii) any "force majeure" (i.e., flood; riot; labor dispute; accident; action of government; communications, transmissions or power failure; equipment, systems or software malfunctions) or any other cause beyond the control of any disseminating party; or (iii) outages, transmission quality or malfunctions of telephone circuits or computer systems, including, but not limited to, any defects or failures with respect to your software, computer systems or Internet access provider; the quality of Avantis Service or any Materials (including the results to be obtained from use of them); or any loss resulting from, arising out of, or related to your access and/or use of or interaction with Avantis Service or the Materials.
33. AVANTIS SERVICE AND THE MATERIALS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS, AND NEITHER AVANTIS NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS MAKE ANY REPRESENTATIONS AS TO THE SUITABILITY OF AVANTIS SERVICE OR THE MATERIALS FOR ANY PURPOSE. AVANTIS AND ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS AND AGENTS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AVAILABILITY AND ACCURACY WITH RESPECT TO AVANTIS SERVICE AND THE MATERIALS. IN NO EVENT SHALL AVANTIS OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO AVANTIS SERVICE OR THE MATERIALS, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE LIMITATION OF LIABILITY ONLY WITH RESPECT TO CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY. IN SUCH JURISDICTIONS, THE RESPECTIVE LIABILITY OF AVANTIS AND ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS AND AGENTS IS LIMITED TO THE GREATEST EXTENT ALLOWABLE UNDER APPLICABLE LAW. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD AVANTIS OR ANY OF ITS UNDERLYING SERVICE PROVIDERS RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES (INCLUDING THOSE CONTRACTED TO OPERATE VARIOUS AREAS ON THE SERVICE) IN CONNECTION WITH AVANTIS SERVICE OR THE MATERIALS.
34. You are solely responsible for your research, and neither Avantis nor any Information Provider makes any representations, warranties or other guarantees as to the accuracy or timeliness of any price quotes; nor does Avantis and Information Provider make any representations, warranties or other guarantees as to the present or future value or suitability of any sale, trade or other transaction involving any particular security or any other investment.
35. Avantis Service and the Materials may contain typographical errors or inaccuracies. Avantis and any Information Provider reserve the right, in their sole discretion, without any obligation and without any notice requirement, to: (1) improve and correct Avantis Service and the Materials and (2) suspend and/or deny access to Avantis Service and any of the Materials for scheduled or unscheduled maintenance, upgrades, improvements or corrections.
36. You shall indemnify and hold harmless Avantis and any of the underlying Service Providers, Information Providers, licensors, employees, distributors or agents from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to your access and/or use of, or interaction with, Market Data, the Service or any Materials and Content, or any act, error, or omission of your use of your account or any user of your account, in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with Avantis Service; or violation of any applicable law.
37. In the event that a court should hold that the limitations of liabilities or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of my remedies under this Agreement fail of their essential purpose, I expressly agree that under no circumstances shall the total, aggregate liability of Avantis and its underlying Service Providers, Information Providers, licensors, employees, distributors or agents to me or any party claiming by or through me for any cause whatsoever exceed $10 (U.S.), regardless of the form of action and whether in contract, statute, tort or otherwise.
Because some states of the United States and some countries do not allow the exclusion or limitation of the liability for consequential or incidental damages, the above disclaimer may not apply to you. Any warranties that by law survive the foregoing disclaimers shall terminate one (1) day from the date the Avantis Service is used by you.
38. If, in their judgment, Information Providers or Avantis determines that you have misappropriated or misused Market Data or otherwise breached this Agreement, Avantis may terminate this Agreement and discontinue providing Market Data to you. Information Providers may enforce this Agreement against you, and may also take action against any person that obtains such Market Data, by legal proceeding or otherwise. You shall pay the reasonable attorney’s fees that Avantis or any Information Provider incurs in enforcing this Agreement against you.
39. CUSIP (where applicable): You agree and acknowledge that the CUSIP Database and the information contained therein is and shall remain valuable intellectual property owned by, or licensed to, Standard & Poor’s CUSIP Service Bureau ("CSB") and the American Bankers Association ("ABA"), and that no proprietary rights are being transferred to you in such materials or in any of the information contained therein. Any use by you, outside of the clearing and settlement of transactions requires a license from CSB, along with an associated fee based on usage. You agree that misappropriation or misuse of such materials will cause serious damage to CSB and ABA, and that in such event money damages may not constitute sufficient compensation to CSB and ABA; consequently, you agree that in the event of any misappropriation or misuse, CSB and ABA shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which CSB and ABA may be entitled.
You agree that you shall not publish or distribute in any medium the CUSIP Database or any information contained therein or summaries or subsets thereof to any person or entity except in connection with the normal clearing and settlement of security transactions. You further agree that the use of CUSIP numbers and descriptions is not intended to create or maintain, and does not serve the purpose of the creation or maintenance of, a master file or database of CUSIP descriptions or numbers for you or any third party recipient of such service and is not intended to create and does not serve in any way as a substitute for the CUSIP MASTER TAPE, PRINT, DB, INTERNET, ELECTRONIC, CD-ROM Services and/or any other future services developed by the CSB.
NEITHER CSB, ABA NOR ANY OF THEIR AFFILIATES MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED IN THE CUSIP DATABASE. ALL SUCH MATERIALS ARE PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE NOR WITH RESPECT TO THE RESULTS WHICH MAY BE OBTAINED FROM THE USE OF SUCH MATERIALS. NEITHER CSB, ABA NOR THEIR AFFILIATES SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS NIR SHALL THEY BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF CSA, ABA OR ANY OF THEIR AFFILIATES PURSUANT TO ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE FEE PAID BY YOU FOR ACCESS TO SUCH MATERIALS IN THE MONTH IN WHICH SUCH CAUSE OF ACTION IS ALLEGED TO HAVE ARISEN. FURTHERMORE, CSB AND ABA SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR DELAYS OR FAILURES DUE TO CIRCUMSTANCES BEYOND THEIR CONTROL.
You agree that the foregoing terms and conditions shall survive any termination of your right of access to the materials identified above.
1. The term of this agreement shall begin on the Subscription Start Date and be for a period equal to the Subscription Term as defined in your order form agreement. The Subscription Term shall automatically renew for successive 12 month periods unless otherwise terminated in writing by either party, at least 30 days in advance of the end of the then current term.
2. Subscription fees are subject to change on an annual basis by written notice at least 45 days in advance of the renewal date.
3. Payment terms are due upon receipt. Avantis reserves right to charge a late fee of 1.5% of the invoice amount greater than 30 days past due.
4. All payment obligations are non-cancelable and all amounts paid are non-refundable.
If you are receiving Avantis Service through one of our Affiliates, and that Affiliate is providing you directly with Technical/Product Support for Avantis Service, then the manner in which such Technical/Product Support is provided to you will be governed
by any agreement you have with that Affiliate. In all other cases, the following terms relating to Technical/Product Support will apply:
1. If technical assistance is required, you can send us an email at firstname.lastname@example.org or call us at: (289) 803-8222. Our staff will be happy to assist you between the hours of 8:00 AM to 6:00 PM EST, Monday to Friday.
Notwithstanding any provision in this Agreement, Avantis reserves, in our sole discretion, the right to terminate Avantis Service or cancel any portion of Avantis Service to you at any time, without notice, and without cause.
Any Material downloaded from Avantis Service for or on behalf of the United States of America, its agencies and/or its instrumentalities ("U.S. Government") is provided with Restricted Rights. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.
1. You agree that no joint venture, partnership, employment or agency relationship exists between yourself and Avantis as a result of this Agreement or use of Avantis Service.
2. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of this Agreement shall continue in effect.
3. This Agreement constitutes the entire agreement between you and Avantis with respect to your Account, Avantis Service, Content, and the Materials; and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Avantis with respect to your Account, Avantis Service, Content, and the Materials; provided, however, that any and all other agreements between you and Avantis and its subsidiaries or affiliates, will remain in full force and effect.
4. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent, and subject to the same conditions, as other business documents and records originally generated and maintained in printed form.
5. In no event shall the liability of Avantis for your use of your Account, Avantis Service, Content, and the Materials, exceed $10.00.
6. This Agreement will be binding upon and inure to the benefit of the parties, their respective heirs, personal representatives, successors and assigns.
This list presents all covered exchanges for which Avantis, Inc. offers data in delayed time and their respective minimum delay times.