Use of this Website is subject to all of the terms, conditions and restrictions of the Agreement and Addenda between FinCap Solutions and you or the entity through which you were provided a Log-in ID and Password. By accessing this Website, you acknowledge that you have read and are bound by all of the terms, conditions and restrictions contained in such Agreement and Addenda. If you require a copy of the Agreement and Addenda please contact your company's contract administrator.
- 1.2 USE OF WEBSITE. YOU WILL NOT IN CONNECTION WITH YOUR USE OF THIS WEBSITE: (A) VIOLATE ANY APPLICABLE LOCAL, STATE, NATIONAL OR INTERNATIONAL LAW, STATUTE, ORDINANCE, RULE OR REGULATION, INCLUDING WITHOUT LIMITATION THOSE RELATING TO COMPETITION OR ANTITRUST; (B) INTERFERE WITH OR DISRUPT THE COMPUTER NETWORKS OF FinCap Solutions OR ATTEMPT TO DO SO; (C) FORGE HEADERS OR IN ANY MANNER MANIPULATE IDENTIFIERS IN ORDER TO DISGUISE THE ORIGIN OF ANY INFORMATION; (D) DOWNLOAD, UPLOAD, POST, TRANSMIT, PUBLISH, OR DISTRIBUTE ANY MATERIAL THAT INFRINGES, VIOLATES, BREACHES OR OTHERWISE CONTRAVENES THE RIGHTS OF FinCap Solutions OR ANY THIRD PARTY, INCLUDING ANY COPYRIGHT, TRADEMARK, PATENT, RIGHTS OF PRIVACY OR PUBLICITY OR ANY OTHER PROPRIETARY RIGHT; (E) INTERFERE WITH OR DISRUPT THE USE OF THE WEBSITE BY ANY OTHER CUSTOMER OR USER OR REVERSE LOOK-UP, TRACE OR SEEK TO TRACE ANY INFORMATION ON ANY OTHER USER OF OR VISITOR TO THE WEBSITE, OR ANY OTHER CUSTOMER OF FinCap Solutions, INCLUDING ANY FinCap Solutions ACCOUNT NOT OWNED BY YOU; (F) PROBE, SCAN OR TEST THE VULNERABILITY OF THE WEBSITE OR ANY NETWORK CONNECTED TO THE WEBSITE OR ATTEMPT TO GAIN UNAUTHORIZED ENTRY OR ACCESS TO THE COMPUTER SYSTEMS OF ANY OTHER PERSON OR ENTITY; (G) TAKE ANY ACTION THAT IMPOSES AN UNREASONABLE OR DISPROPORTIONATELY LARGE LOAD ON THE INFRASTRUCTURE OF THE WEBSITE OR FinCap Solutions’S SYSTEMS OR NETWORKS, OR ANY SYSTEMS OR NETWORKS CONNECTED TO THE WEBSITE OR TO FinCap Solutions; OR (H) DOWNLOAD, UPLOAD, POST, TRANSMIT, PUBLISH OR DISTRIBUTE ANY MATERIAL OR INFORMATION THAT CONSTITUTES OR ENCOURAGES CONDUCT THAT WOULD CONSTITUTE A CRIMINAL OFFENCE, GIVE RISE TO OTHER LIABILITY, OR OTHERWISE VIOLATE APPLICABLE LAW.
YOU MAY NOT USE ANY "DEEP-LINK", "PAGE-SCRAPE", "ROBOT", "SPIDER" OR OTHER AUTOMATIC DEVICE, PROGRAM, ALGORITHM OR METHODOLOGY, OR ANY SIMILAR OR EQUIVALENT MANUAL PROCESS, TO ACCESS, ACQUIRE, COPY OR MONITOR ANY PORTION OF THE WEBSITE OR ANY CONTENT, OR IN ANY WAY REPRODUCE OR CIRCUMVENT THE NAVIGATIONAL STRUCTURE OR PRESENTATION OF THE WEBSITE OR ANY CONTENT, TO OBTAIN OR ATTEMPT TO OBTAIN ANY MATERIALS, DOCUMENTS OR INFORMATION THROUGH ANY MEANS NOT PURPOSELY MADE AVAILABLE THROUGH THE WEBSITE. FinCap Solutions RESERVES THE RIGHT TO BAR ANY SUCH ACTIVITY.
3. Intellectual Property
YOU MAY USE CONTENT (SUCH AS DATA SHEETS, KNOWLEDGE BASE ARTICLES, AND SIMILAR MATERIALS) PURPOSELY MADE AVAILABLE BY FinCap Solutions FOR DOWNLOADING FROM THE WEBSITE, PROVIDED THAT YOU (I) DO NOT REMOVE ANY PROPRIETARY NOTICE OR DISCLAIMER LANGUAGE IN ANY COPIES OF SUCH DOCUMENTS, (II) USE SUCH INFORMATION ONLY FOR YOUR PERSONAL, NON-COMMERCIAL INFORMATIONAL PURPOSE AND DO NOT COPY OR POST SUCH INFORMATION ON ANY NETWORKED COMPUTER OR BROADCAST IT IN ANY MEDIA, (III) MAKE NO MODIFICATIONS TO ANY SUCH INFORMATION, AND (IV) DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES RELATING TO SUCH DOCUMENTS.
- 2.2 Modification of Website and Content. The Website and Content are subject to modification by FinCap Solutions to reflect statistical, technical, administrative, market based or similar changes that FinCap Solutions determines in good faith are required or desirable. FinCap Solutions may also make changes to any products or services offered on the Website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Website with respect to products or services, at any time, without notice. The materials on this Website with respect to products and services may be out of date, and FinCap Solutions makes no commitment to update the materials on this Website with respect to such products and services.
- 2.3 No Advice. The Content is intended only for professionals in the financial markets and is not, and should not be construed as financial, legal or other advice of any kind, nor should it be regarded as an offer or as a solicitation of an offer to buy, sell or otherwise deal in any investment. You may not use the Content in, or generate, any advice, recommendations, guidance, publications or alerts made available to your clients or other third parties. Nothing in the Content constitutes a solicitation by FinCap Solutions of the purchase or sale of loans, securities or any investment.
- 2.5 Delivery and Security. You shall solely be responsible for any and all necessary equipment and connections from its own computer systems to the FinCap Solutions systems that will allow for the delivery of the Content. FinCap Solutions shall have no responsibility for any such equipment or connections. You shall ensure that it has implemented security systems and procedures to prevent the unauthorized access to or misuse or disruption of the Content.
- 3.1 Intellectual Property. The ownership and intellectual property rights of the Website including all Content, models, software, data and any materials of the Content, including but not limited to the design, structure, selection, coordination, expression “look and feel” and arrangement of such Content, and enhancements, modifications or additional Content thereto shall be the sole and exclusive property of FinCap Solutions and you shall not (i) copy or rely upon such material for any purpose including reverse engineering or disclose it to any third party for any purpose whatsoever; (ii) by act or omission infringe upon FinCap Solutions’ intellectual property rights in the Website. You acknowledge that the Website, was developed, compiled, prepared, revised, selected and arranged by FinCap Solutions and others (including certain information sources (each a “Data Provider”)) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money, and constitute valuable intellectual property and trade secrets of FinCap Solutions.
- 3.2 Trade Marks. You shall not use any of FinCap Solutions’ trademarks, trade names or service marks in any manner, and in no event in a manner accessible by or available to any third party. You acknowledge that you have no ownership or license rights in or to any of these names or marks.
5. Disclaimer of Warranties and Limitation of Liability
- 4. Log-in. You acknowledge that log-on access codes and passwords, which are provided to you are for use only by the Designated Users (as defined in the Agreement and Addenda), and shall ensure that each log-on access code is kept confidential. You agree to accept sole responsibility for the use and protection of the passwords that FinCap Solutions will present to you and Designated Users, including protecting the confidentiality of such passwords. You shall use commercially reasonable efforts to prohibit or cease any unauthorized access to the FinCap Solutions on the Website. The log-ins provided by FinCap Solutions are personal to certain Designated Users and may not be shared.
- 5.2 No Liability. Neither FinCap Solutions, its affiliates nor any Data Provider shall in any way be liable to you or any client of you for any inaccuracies, errors or omissions, regardless of cause, in the Content provided hereunder or for any damages (whether direct or indirect) resulting therefrom. Without limiting the foregoing, FinCap Solutions shall have no liability whatsoever to you, whether in contract (including under an indemnity), in tort (including negligence), under a warranty, under statute or otherwise, in respect of any loss or damage suffered by you as a result of or in connection with any opinions, recommendations, forecasts, judgments, or any other conclusions, or any course of action determined, by you or any client of you, whether or not based on the Content.
- 6.1 You will indemnify, defend and hold harmless FinCap Solutions and its affiliates, directors, officers, agents employees, successors, assigns and all Data Providers, and each of their affiliates, directors, officers, agents, employees, members, partners, successors and assigns ("FinCap Solutions Indmnities") from and against any and all losses, liabilities, damages, costs (including reasonable attorneys’ fees) and expenses arising as a result of any claims, suits or proceedings (collectively, “Claims”) brought by any third party against any FinCap Solutions Indemnities arising from your use of this Website.
- 7.2 You agree that FinCap Solutions may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to): (i) requests by law enforcement or other government agencies, (ii) a request by you (self-initiated account deletions), (iii) discontinuance or material modification of the Website or any service offered on or through the Website, or (iv) unexpected technical issues or problems.