Effective Date: 10/2013
Your access to and use of this website, or any affiliate sub-domains thereof (collectively, the “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. You must accept this Agreement by selecting the ‘Accept’ button at the bottom of this page before you can use this Site. 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.
Permitted Uses of this Site
You are permitted to use the financial tools in this Site, and to store, display, analyze and print the information and results made available to you through this Site for your own personal use and for your own internal business investment purposes in connection with the services you provide to your individual clients. You shall not otherwise disclose, publish, transmit or reproduce the information or results, in whole or in part, in any format 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.
You shall ensure that all user logins and passwords provided by c4cast for the purpose of restricting access to and use of the Site are used only by the individuals to whom such login information has been assigned by c4cast.
You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; or (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Site.
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, reduce or attempt to reduce to a human-perceivable form any of 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 underlying technology of this Site (“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.
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. No content from this Site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. Similarly, a national of, resident of, or person located in such locations is not permitted to engage in commercial activities on this Site. By downloading from or using this Site or engaging in commercial activities on this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country, or on any such list.
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.
You are urged to consult with your 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.
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.
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 and are provided in good faith; 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.
Neither c4cast nor any of its third-party providers has any responsibility to maintain or update the information and materials available on this Site, or any information derived therefrom, or to supply any corrections or updates thereto, or to advise you of any such updates. In the event that you become aware of any potential errors in this Site, you shall promptly notify c4cast of all relevant information pertaining thereto.
In the event that c4cast identifies any information on this Site that it has reason to believe is incorrect, c4cast may, but has 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. c4cast maintains the right to add, delete or modify information on this Site without prior notice.
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. c4cast may, at its discretion, 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.
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.
c4cast represents and warrants that it is the original developer of this Site.
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, OR FITNESS FOR ANY 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.
You agree that any and all actions or omissions taken by you based on any use of, or information obtained through this Site are at your sole and exclusive risk and discretion.
Limitations on 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, will 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 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.
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, will 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.
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: (i) your use of or access to this Site, or any information provided by this Site; and (ii) your violation of this Agreement. This indemnification obligation will survive your use of this Site and any termination, expiration or modification of this Agreement.
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 will, 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.
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 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 will 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.
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.
c4cast agrees to hold in confidence all of Your Data disclosed during your use of this Site, but will 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 will survive any termination or expiration of this Agreement, but will 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, if the receiving party is legally permitted to do so, 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 fees and charges due for fee-based services and products to which you subscribe, which you purchase, or which you otherwise acquire or use. You will also 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 will 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.
Term. The initial term of this Agreement will commence when you select the ‘Accept’ button and will be for one year, provided that you have paid any and all fees and charges due for fee-based services and products to which you subscribe. Your subscription will be automatically renewed each year for an additional one year term unless you notify c4cast thirty (30) days in advance of the end of the term.
Cancellation. If you cancel your subscription prior to the end of the current term, you may request a partial refund of the fees you have already paid. Your refund will be calculated by using the current month-to-month rate for your subscription level as the value of each full and partial month of service that you received during the current term. Your value received equals that month-to-month rate multiplied by the number of full and partial months of your service, measured to the date you requested cancellation. Your refund will then equal the amount you paid during the current term, minus the above value received.
Notices. All notices and communications required or permitted under this Agreement will be in writing and will be delivered personally, sent by registered or certified mail (postage prepaid, return receipt requested), sent by overnight delivery, facsimile transmission (with confirmed answer back), or electronic mail (with confirmation of receipt), to c4cast or to you at the respective addresses we provide to each other or to such other address as c4cast or you may from time to time specify by notice to the other as provided in this paragraph. c4cast’s address is:
c4cast.com, Inc. 750 East Walnut Street Pasadena, CA 91101 Fax: 888-502-3605
A notice given in electronic form will 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.
Choice of Law and Forum. This Agreement and the relationship between you and c4cast will be governed by the laws of the State of California without regard to its conflict-of-law provisions. You will resolve any claim, cause of action or dispute (“claim”) you have arising out of or relating to this Agreement or the Site exclusively in a state or federal court located in Los Angeles County, California and you consent to and submit to the exclusive jurisdiction and venue of such courts.
Waiver and Severability of Terms. The failure or delay of c4cast to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. No waiver of any breach of any provision of this Agreement will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof and no waiver will 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 will remain in full force and effect. All of c4cast’s rights and obligations arising out of this Agreement are freely assignable by c4cast.
No Third Party Beneficiaries. You agree that there will be no third-party beneficiaries to this Agreement, including but not limited to any of your clients.
Force Majeure. Neither party will be held responsible for any delay or failure in performance hereunder (other than payment obligations) caused in whole or in part by events beyond the party’s control, including, but not limited to any acts of God, fire, flood, earthquake, war, act of terrorism, or any governmental act.
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.