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Effective Date: 12/2012
Please be advised that your access to and use of this website (“Site”) and the financial tools and information offered through this Site are subject to the provisions set forth below (collectively, this “Agreement”). By accessing and using this Site, you agree to be bound by the terms of this Agreement. This Site is not available to or directed at, or intended for use or distribution by, any person or entity that is a citizen or resident of, or located in, any jurisdiction or country where such use, distribution or availability would be contrary to law or regulation or which would subject c4cast.com, Inc., a Delaware corporation (“c4cast”) or any of its present or future officers, directors, employees, contractors, subsidiaries, agents or affiliates to any licensing, registration or other requirements within such jurisdiction or country.
No Solicitation, Offer or Recommendation
c4cast is neither a Registered Investment Adviser nor a Broker/Dealer. You are advised that all financial tools and information found in and resulting from this Site are made available and issued solely for informational purposes. Nothing in this Site is to be construed as an offer to buy or sell, or the solicitation of an offer to buy or sell, any security or other financial instrument, nor is it to be construed as, nor does it constitute, any advice or recommendation with respect to any security or other financial instrument, including but not limited to any recommendation to buy, hold or sell (short or otherwise) any security or other financial instrument.
All users of this Site are urged to consult with their own independent financial, legal, business and tax advisors with respect to any investment. All information contained in or provided by this Site should be independently verified.
Disclaimer of Warranties; No Liability for Content or Analysis
The information and materials presented in this Site have been obtained or derived from sources believed by c4cast to be generally reliable; however, c4cast has not verified any of such information. c4cast does not represent that this Site, or any of the financial tools or information offered by this Site is accurate, complete, reliable, error-free or current, and it should not be relied upon as such. c4cast is not responsible for any updates to previously used third-party information, or any information derived therefrom, or for advising you of any such updates. In the event that c4cast identifies any information on this Site that it has reason to believe is incorrect, c4cast may, but shall have no obligation to: investigate further, correct any such information that it ultimately determines is in fact incorrect, and/or post a notice on the Site regarding any such change.
All opinions, analyses, results and information included on or through this Site are based on sources that c4cast believes to be reliable and are provided in good faith, but no representation or warranty of any kind, expressed or implied is made, including, but not limited to any representation or warranty concerning accuracy, completeness, correctness, timeliness or appropriateness. In addition, c4cast undertakes no obligation to correct or update any such opinions, analyses, results or information, or to keep any such opinions, analyses, results or information current.
EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY AND SPECIFICALLY STATED IN THIS AGREEMENT, THIS SITE AND ANY OTHER SERVICES THAT MIGHT BE PROVIDED BY C4CAST ARE PROVIDED TO YOU “AS IS” AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. C4CAST, THE INDIVIDUAL AUTHORS OF THIS SITE, AND ANY OTHER PROVIDERS OF THIS SITE DISCLAIM ANY AND ALL WARRANTIES REGARDING THIS SITE, ANY INFORMATION PROVIDED BY THIS SITE, AND ANY RESULTS FROM THIS SITE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE, OR FITNESS FOR ANY PARTICULAR PURPOSE.
c4cast represents and warrants that it is the original developer of this Site.
Any and all actions or omissions taken by you based on any use of, or information obtained through, this Site are taken by you at your sole and exclusive risk and discretion. You shall not provide any information generated by this Site to any other individual or entity except with c4cast’s prior written consent and subject to all of the conditions set forth therein. You shall indemnify and hold c4cast and its present and future officers, directors, shareholders, employees, contractors, agents, subsidiaries and affiliates harmless from any and all costs, expenses, damages and liabilities arising from your use of, disclosure of or access to this Site and all reports and other information generated from this Site, other than any use from within the United States that is expressly and specifically permitted by this Agreement.
Neither this Site nor any information provided by this Site is warranted by c4cast to be error-free. This Site is not warranted by c4cast to be available for any particular period of time, to exhibit any minimum response time, or to satisfy any other quality or performance standards. In the event that you become aware of any potential errors in this Site, you will promptly notify c4cast of all relevant information pertaining thereto. c4cast shall have the right, at its discretion, to conduct scheduled and emergency maintenance services on this Site, which at times will cause the system to be entirely unavailable or to exhibit impaired response times. c4cast will make a good-faith effort to minimize system downtime during regular business hours.
You agree that your use of the Site is at your sole risk.
c4cast makes no warranty whatsoever to you, express or implied, regarding the security of this Site, including but not limited to the ability of unauthorized persons to intercept or access information transmitted by you through this Site or information received by you from this Site. The information, financial tools, materials and other services provided through this Site are on an “AS IS” basis. Neither c4cast nor any of its third-party providers shall have any responsibility to maintain or update the information and materials available on this Site or to supply any corrections or updates thereto. c4cast maintains the right to add, delete or modify information on this Site without prior notice.
c4cast expressly disclaims all warranties, express or implied, regarding this Site and any information or other results obtained from the use of this Site, including, but not limited to all warranties of merchantability, fitness for a particular purpose or use and all warranties arising from course of performance, course of dealing and/or usage of trade or their equivalents under the applicable laws and regulations of any jurisdiction.
c4cast does not warrant or guarantee, and c4cast shall not incur any liability (contingent or otherwise) regarding, the availability, accuracy, timeliness, suitability, completeness, correctness, quality or availability of this Site or the information or other results obtained from the use of this Site, or that this Site or such information or results will be free from inaccuracies or errors.
Permitted Uses of this Site
You are permitted to use the financial tools in this Site, and to store, display, analyze, modify and print the information and results made available to you through this Site solely for your own personal use and not for any commercial purposes without the express prior written consent of c4cast. You shall not disclose, publish, transmit or otherwise reproduce the information or results, in whole or in part, in any format to any third party without the express prior written consent of c4cast. This Agreement is not intended to, and does not, transfer or grant any rights in or licenses to the information and financial tools provided in this Site other than those which are expressly and specifically granted by c4cast, and all rights not expressly and specifically granted by c4cast are reserved by and for c4cast or the third party providers from whom c4cast has obtained the information.
Trademarks, Copyrights and Intellectual Property
This Site, including but not limited to the information, financial tools, content and graphics, is protected by patents, copyrights, trademarks, service marks, international treaties, and other proprietary rights and laws of the United States and other countries. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations shall, as between you and c4cast, at all times be and remain the sole and exclusive property of c4cast, and no rights are granted to you except to the extent specifically stated in this Agreement. You acknowledge that the financial data provided in this Site has been developed, compiled, prepared, revised, selected and arranged by c4cast and others (including certain other information sources) through the application of patented and other methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of c4cast. You agree to protect the proprietary rights of c4cast during and after the term of this Agreement. Through the Site and the financial tools provided by c4cast, you will be permitted to view, print and download certain information and materials owned by c4cast. Neither this Site nor its financial tools or information may be altered in any way, used, copied or distributed to any other party except as expressly permitted by c4cast in writing. You agree not to alter, obscure or remove any copyright, trademark or any other notices that are provided to you in connection with the use of this Site.
No Liability Arising From Use
Notwithstanding anything to the contrary, under no circumstances and under no theory of any law, regulation, tort, contract, strict liability or otherwise, shall c4cast or any of its present or future officers, directors, shareholders, employees, contractors, agents, third-party vendors, subsidiaries or affiliates be liable to anyone for any indirect, special, incidental, consequential, punitive or other damages of any character, including damages for trading losses or lost profits, resulting from access to or use of, or the inability to access or use, this Site or the underlying technology of this Site (“MacroRisk Analytics Technology”), or for any claim or demand by any third party, even if c4cast or any of its third-party vendors was specifically advised of a possibility of any of the same. Notwithstanding anything to the contrary, in no event shall c4cast be liable for any damages or other amounts in excess of the amounts paid by you during the twelve (12) months immediately preceding the event giving rise to such liability.
You acknowledge that c4cast has not made any representations or warranties regarding the performance or quality of this Site and that c4cast is not responsible for the consequences of any unauthorized acts by third parties (including but not limited to any actions by any third party to access, manipulate, copy, destroy or corrupt any of your data located on c4cast’s servers).
Notwithstanding anything to the contrary, the total aggregate liability of c4cast and its present and future officers, directors, shareholders, employees, and agents, regardless of whether such liability is based on breach of contract, tort, strict liability, breach of warranty or otherwise, under this Agreement or otherwise pertaining to the subject matter of this Agreement, shall be limited to the aggregate fees actually paid to c4cast, and not otherwise refunded to you, for the one-year subscription term under which the liability principally arises.
Subject to the other terms and conditions of this Agreement and except to the extent stated in the next paragraph, c4cast will hold you harmless from and against all damages and liabilities to the extent arising out of any infringement by this Site of any United States patent, United States copyright or other United States proprietary right, except to the extent that any of the same arises out of your use of the Site, or any information provided by the Site, outside of the United States or beyond the uses expressly and specifically permitted in this Agreement, and provided further that you: (i) provide prompt notice to c4cast of any such claim or action, (ii) permit c4cast to control the defense of such claim or action, (iii) provide reasonable assistance in the defense or any claim or action, and (iv) grant c4cast the sole right to settle such claim or action.
You shall indemnify and hold c4cast and its present and future officers, directors, shareholders, employees, contractors, agents, subsidiaries and affiliates harmless from any and all expenses, costs, damages and liabilities arising from your use of or access to this Site, or any information provided by this Site, outside of the United States or other than as expressly and specifically permitted by this Agreement.
This Site may include forward-looking statements and projections. These forward-looking statements and projections are subject to a number of risks and uncertainties that could cause actual results or events to differ materially from current expectations. c4cast disclaims any intention or obligation to update or revise any forward-looking statements or projections, whether as a result of new information, future events or otherwise.
This Site may provide links to other Internet sites or resources. You acknowledge and agree that c4cast is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any information, tools, services, products or other materials on, or available from, such websites or resources. You further acknowledge and agree that c4cast shall not be responsible or liable, directly or indirectly, for any cost, damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, tools, services, products or other materials available on or through any such websites or resources. Accessing such sites or following such links to any other sites is at your own risk.
Access to this Site
c4cast retains the right to modify and supplement this Site to any extent without notice to you. On an ongoing basis, you shall review any and all then-current documentation and bulletins and other correspondence posted by c4cast on this Site or sent to you from time to time. c4cast will make a good-faith effort prior to any substantial modifications that would negatively affect your functional use of this Site to announce such modifications on this Site or to otherwise notify you of them. c4cast also reserves the right to provide multiple subscription levels, to change the rights associated with each subscription level, and to restrict access to specified tools and resources within this Site based on subscription level.
You are solely responsible for: (i) inputting complete, correct and accurate financial and other data (“Your Data”), (ii) updating Your Data, and (iii) storing, backing-up and maintaining Your Data.
Should c4cast become aware that any of Your Data in the possession and control of c4cast has become lost, corrupted or otherwise unusable, c4cast will make a good-faith effort to restore such data from backups. You shall verify such replacement data and then supplement and/or replace any of Your Data that you want restored to the system that may not have been included in the c4cast system backups or restoration.
You shall not use this Site in any manner that would violate any local, state or federal laws, or infringe any proprietary or intellectual property right of any other person or entity.
You agree not to copy, modify, disassemble, decompile, reverse engineer, make any attempt to apply any process to extract or ascertain the source code of, develop derivative works based on, distribute, sell, assign, or otherwise convey any rights in or to this Site, any of the services provided by this Site, including but not limited to the MacroRisk Analytics Technology, any of this Site’s underlying databases, or any information, product or other result of this Site. Should any MacroRisk Analytics Technology software be distributed to you by c4cast, such software is licensed and not sold to you. The license to any such software is nonexclusive and nontransferable, is governed by all the provisions of this Agreement, is deemed automatically terminated upon any termination or expiration of this Agreement, and may be earlier terminated by c4cast at any time, within c4cast’s sole and absolute discretion.
Unless otherwise permitted by c4cast in a written agreement that has been duly executed on behalf of c4cast: (i) purchase of a subscription to use this Site only entitles the single named individual to access and use this Site; (ii) you shall not share your login information for this Site with any other individual or with any entity; and (iii) you shall not permit any other individual or any entity to access or use this Site, either for their benefit or for yours, through the use of your login information.
Accessing this Site Outside of the United States
c4cast controls and operates this Site from its location in the United States and is subject to the United States Export Administration Laws and Regulations. c4cast does not represent that this Site is appropriate or available for use in countries outside the United States. If you choose to access this Site from outside the United States, you are responsible for compliance with United States, foreign and local laws, including export/import laws.
All ownership rights in and to the MacroRisk Analytics Technology, including, but not limited to all patents, copyright and trademarks in and to the MacroRisk Analytics Technology remain solely and exclusively with c4cast and/or the applicable providers and authors.
You retain sole and exclusive rights in and to all of Your Data.
Notwithstanding anything to the contrary, all rights not expressly and specifically granted hereunder are reserved by the parties.
This Site, including any and all related software and documentation, and information provided by this Site are the proprietary product of c4cast and/or the respective provider or author and embody or incorporate valuable patents, pending patents, and trade secrets of c4cast and/or others. You agree to protect and safeguard this Site and all related information at all times to the same extent as you, and as any diligent business entity, would protect and safeguard its own materials of a similar nature from disclosure or unauthorized use.
Except as otherwise permitted in writing by c4cast, you shall not make a copy of any portion of this Site or any related documentation. When and if applicable, any and all copies shall include c4cast’s and any third party’s copyright, proprietary and trade secret notices pertaining to c4cast’s and any third party’s ownership and intellectual property rights.
c4cast agrees to hold in confidence all of Your Data disclosed during your use of this Site, but shall be entitled to disclose and use such information for the purposes intended by this Site and this Agreement.
The confidentiality obligations stated in this section shall survive any termination or expiration of this Agreement, but shall not apply to any information that: (i) is in the public domain through no fault of the receiving party, (ii) was independently developed by the receiving party without any of the other party’s confidential information, (iii) was previously and lawfully known by the receiving party prior to receipt from the disclosing party, or (iv) is required to be disclosed pursuant to subpoena or other legal proceeding, provided that the disclosing party is given prompt notice and the opportunity to intervene to oppose or limit such disclosure.
Termination of Access and Use of Site. c4cast is entitled to suspend or terminate your access to and use of this Site with or without notice for any of the following reasons: (i) delinquency in payment for any services or products, (ii) default by you of any of your obligations under this Agreement, or (iii) termination by c4cast of this Site or any related products or services on a general basis.
Payment Obligations. You agree to pay, on a timely basis, any and all stated fees and charges for fee-based services and products to which you subscribe, which you purchase, or which you otherwise acquire or use. You also shall be responsible for the payment of all taxes, if any, arising from your payment of such fees and charges. Notwithstanding anything to the contrary, each of c4cast’s obligations to you hereunder shall be subject to proper and timely payment of all amounts owed by you for the period of use during which the subject obligation would have arisen.
Entire Agreement. This Agreement, together with, if applicable, any fully executed subscription agreement pertaining to this Site that is currently in effect between you and c4cast (“Subscription Agreement”), constitutes the entire agreement between you and c4cast and govern your use of this Site, superseding any prior agreements between you and c4cast with respect to this Site. This Agreement supersedes and replaces any prior agreement (other than any Subscription Agreement) between you and c4cast. You also will be subject to other and/or additional terms and conditions that may apply when you use or purchase certain other c4cast services or products, affiliate services or products, third-party content or third-party software. c4cast is entitled to add, delete and change the provisions of this Agreement at any time and with or without notice. It is important that you review this Agreement from time to time, noting the effective date indicated at the beginning of this Agreement. Your continued use of this Site after the effective date of the revised Agreement is deemed to constitute your acceptance of the revised Agreement. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Choice of Law and Forum. This Agreement and the relationship between you and c4cast shall be governed by the laws of the State of California without regard to its conflict-of-law provisions. You and c4cast agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Los Angeles, California.
Waiver and Severability of Terms. The failure or delay of c4cast to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof and no waiver shall be effective unless made in writing and signed by an authorized representative of the party making such waiver. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.
No Third Party Beneficiaries. You agree that there shall be no third-party beneficiaries to this Agreement, including but not limited to any of your clients.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.