| TERMS
AND CONDITIONS OF SERVICE
Updated May 01, 2008 PLEASE
READ THESE TERMS AND CONDITIONS OF SERVICE BEFORE USING THIS SITE. By
continuing to access or use this site, or any service on this site, you
signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICE. From
time to time, Financial Forecast Center, LLC ("Financial Forecast
Center" "MarketVector.com" or "FFC") may
modify these terms and conditions. Accordingly, please continue to review
these terms and conditions of service whenever accessing or using this
site. Your use of the site, or any service on this site, after the posting
of modifications to these terms and conditions of service will constitute
YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF SERVICE, as modified. If,
at any time, you do not wish to accept the terms and conditions of
service, you may not use the site. Any terms and conditions proposed by
you which are in addition to or which conflict with these terms and
conditions of service are expressly rejected by Financial Forecast Center and
shall be of no force or effect.
1. User Consent to
Terms and Conditions of Service. You represent that you have
read and agree to be bound by the terms and conditions of service
("TOS") for www.forecasts.org,
www.neatideas.com, www.financialforecastcenter.com,
or www.marketvector.com.
You further agree: (a) to comply with U.S. law regarding the transmission
of any data obtained from the Service (as defined herein) in accordance
with the TOS, (b) not to use the Service for illegal purposes, and (c) not
to interfere or disrupt networks connected to the Service.
2. Intellectual Property. This Web
site, including but not limited to text, content, photographs, video,
audio and graphics (the "Service"), is protected by copyrights,
trademarks, service marks, international treaties and/or other proprietary
rights and laws of the U.S. and other countries. The Service is also
protected as a collective work or compilation under U.S. copyright and
other laws and treaties. All individual articles, columns and other
elements making up the Service are also copyrighted works. You agree to
abide by all applicable copyright and other laws, as well as any
additional copyright notices or restrictions contained in the Service.
3. Restrictions on Use. You may not
use the Service for any illegal purpose or in any manner inconsistent with
the TOS. You agree to use the Service solely for your own noncommercial
use and benefit, and not for resale or other transfer or disposition to,
or use by or for the benefit of, any other person or entity. You agree not
to use, transfer, distribute or dispose of any information contained in
the Service in any manner that could compete with the business of Financial Forecast Center.
You acknowledge that the Service has been developed, compiled, prepared,
revised, selected and arranged by Financial Forecast Center and others (including
certain other information sources) through the application of 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 Financial Forecast Center and such others. You agree
to protect the proprietary rights of Financial Forecast Center and all others
having rights in the Service during and after the term of this agreement
and to comply with all reasonable written requests made by Financial Forecast Center
or its suppliers of content, equipment or otherwise
("Suppliers") to protect their and others' contractual,
statutory and common law rights in the Service. You agree to notify Financial Forecast Center
in writing promptly upon becoming aware of any unauthorized access or use
of the Service by any party or of any claim that the Service infringes
upon any copyright, trademark or other contractual, statutory or common
law rights.
4. Further Restrictions on Use. YOU
MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE
ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE
DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE
SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR
MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED
THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. THE ANALYSIS
AND PRESENTATION INCLUDED IN THE SERVICE MAY NOT BE RECIRCULATED,
REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT FINANCIAL FORECAST CENTER'S PRIOR
WRITTEN CONSENT. MODIFICATION OF THE SERVICE'S CONTENT WOULD BE A
VIOLATION OF FINANCIAL FORECAST CENTER'S COPYRIGHT AND OTHER PROPRIETARY RIGHTS.
ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SERVICE FOR SALE OR
DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO
OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR
HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF FINANCIAL
FORECAST CENTER, LLC. THE SERVICE AND THE INFORMATION CONTAINED THEREIN
MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND. NOR MAY THE SERVICE
BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU
OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL
OR PART OF THE SERVICE. YOU MAY NOT USE THE SERVICE IN ANY WAY TO IMPROVE
THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY.
FURTHERMORE, YOU MAY NOT USE ANY OF FINANCIAL FORECAST CENTER'S TRADEMARKS, TRADE
NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT
SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH
FINANCIAL FORECAST CENTER'S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO
OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE
THE SERVICE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS
OR SPAM MATERIAL. YOU WILL NOT USE ANY OF FINANCIAL FORECAST CENTER'S TRADEMARKS,
TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU
WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING
THE SERVICE. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND
CONDITIONS OF SERVICE SET FORTH ON THE SERVICE, INCLUDING THE LINKING AND
FRAMING POLICY.
5. License. You acquire absolutely no
rights or licenses in or to the Service and materials contained within the
Service other than the limited right to utilize the Service in accordance
with the TOS. Should you choose to download content from the Service, you
must do so in accordance with the TOS. Such download is licensed to you by
Financial Forecast Center ONLY for your own personal, noncommercial use in
accordance with the TOS and does not transfer any other rights to you.
6. Rights Reserved. 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 relating to the Service (the
"Intellectual Property Rights") shall, as between you and Financial Forecast Center,
at all times be and remain the sole and exclusive property of Financial Forecast Center,
LLC. All present and future rights in and title to the Service (including
the right to exploit the Service and any portions of the Service over any
present or future technology) are reserved to Financial Forecast Center for its
exclusive use. Except as specifically permitted by the TOS, you may not
copy or make any use of the Service or any portion thereof. Except as
specifically permitted herein, you shall not use Financial Forecast Center's
Intellectual Property Rights or the Service, or the names of any
individual participant in, or contributor to, the Service, or any
variations or derivatives thereof, for any purpose, without Financial Forecast Center's
prior written approval.
7. Fees and Payments.
Financial Forecast Center reserves the right at any time to charge fees for access to portions of
the Service or the Service as a whole. If at any time Financial Forecast Center
requires a fee for portions of the Service or the Service as a whole, Financial Forecast Center
will require you to register and create an account. In no event will you
be charged for access to portions of the Service or to the Service unless Financial Forecast Center
obtains your prior agreement to pay such charges. You shall pay all fees
and charges incurred through your account at the rates in effect for the
billing period in which such fees and charges are incurred, including but
not limited to charges for any products or services offered for sale
through the Service by Financial Forecast Center or by any other vendor or service
provider. All fees and charges shall be billed to you, and you shall be
solely responsible for their payment. You shall pay all applicable taxes
relating to the use of the Service through your account, and the purchase
of any other products or services. Certain portions of the Service or the
Service as a whole may require a prepaid fee ("Prepaid Fee").
The Prepaid Fee, and all taxes and other fees related thereto will be paid
by you in advance. In no event will you receive any portions of the
Service or the Service as a whole if a Prepaid Fee is required unless Financial Forecast Center
receives all fees and charges payable by you, including the Prepaid Fee.
8. Refunds.
A refund of prepaid fees will be made if you provide a written request postmarked within 30 calendar days of your fee payment.
A refund request must be mailed to the following address:
Financial Forecast Center, LLC 9. Registration and Account Creation.
As part of the registration and account creation process necessary to
obtain access to portions of the Service that require a fee or payment,
you will either select or be assigned a subscriber identification ID
and a password. You will provide Financial Forecast Center with certain
registration information, all of which must be accurate and updated. You
shall not (i) select a subscriber ID already used by another person; (ii)
use a subscriber ID in which another person has rights without such
person's authorization; or (iii) use a subscriber ID or password that Financial Forecast Center,
in its sole discretion, deems offensive or inappropriate. You shall be
solely responsible for maintaining the confidentiality of your password.
You shall immediately notify Financial Forecast Center in writing
of any known or suspected unauthorized use(s) of your account, or any
known or suspected breach of security, including loss, theft, or
unauthorized disclosure of your password. You
are solely responsible for all usage or activity on your Financial Forecast Center
account, including but not limited to use of the account by any third
party authorized by you to use your subscriber ID and password. Any
fraudulent, abusive, or otherwise illegal activity may be grounds for
termination of your account, in Financial Forecast Center's sole discretion, and
Financial Forecast Center may refer you to appropriate law enforcement agencies. You may terminate
your account at any time by sending a request in writing to Financial Forecast Center,
LLC. Upon receipt of a
written request, your account will be terminated within five (5)
business days. You are responsible for all charges incurred up to the time
the account is terminated.
10. Disclaimer and Limitation of Liability.
You agree that your use of the Service is at your sole risk and
acknowledge that the Service and anything contained therein, including,
but not limited to, content, services, goods or advertisements (the
"Items") are provided "AS IS" and that Financial Forecast Center
makes no warranty of any kind, express or implied, as to the Items,
including, but not limited to, merchantability, noninfringement, title or
fitness for a particular purpose or use. Financial Forecast Center, LLC does not
warrant that the Service is compatible with your equipment or that the
Service is free of errors or viruses, worms or "Trojan horses"
and is not liable for any damage you may suffer as a result of such
destructive features. You agree that Financial Forecast Center, its Suppliers and
its third-party agents shall have no responsibility or liability for (i)
any injury or damages, whether caused by the negligence of Financial Forecast Center,
its employees, subcontractors, agents, Suppliers or otherwise arising in
connection with the Service and shall not be liable for any lost profits,
losses, punitive, incidental or consequential damages or any claim against
Financial Forecast Center, LLC. by any other party or (ii) any fault, inaccuracy,
omission, delay or any other failure in the Service caused by your
computer equipment or arising from your use of the Service on such
equipment. The content of other Web sites, services, goods or
advertisements that may be linked to the Service is not maintained or
controlled by Financial Forecast Center. Financial Forecast Center is therefore not
responsible for the availability, content or accuracy of other Web sites,
services or goods that may be linked to, or advertised on, the Service. Financial Forecast Center
does not (a) make any warranty, express or implied, with respect to the
use of the links provided on, or to, the Service, (b) guarantee the
accuracy, completeness, usefulness or adequacy of any other Web sites,
services, goods or advertisements that may be linked to the Service or (c)
make any endorsement, express or implied, of any other Web sites,
services, goods or advertisements that may be linked to the Service. Financial Forecast Center
is also not responsible for the reliability or continued availability of
the telephone lines and equipment you use to access the Service. You
understand that Financial Forecast Center and/or third-party contributors to the
Service may choose at any time to inhibit or prohibit their content from
being accessed under the TOS.
11. Further Disclaimer and Limitation of
Liability. You acknowledge that (i) the Service is provided for
information purposes only and is not intended for trading purposes, (ii)
the Service includes information taken from the New York Stock Exchange,
American Stock Exchange, NASDAQ and other sources, (iii) Financial Forecast Center
does not guarantee the sequence, accuracy, completeness or timeliness of
the Service and (iv) the provision of certain parts of the Service is
subject to the terms and conditions of other agreements to which Financial Forecast Center
is a party. Accordingly, anything to the contrary herein set forth
notwithstanding, Financial Forecast Center, its officers and employees,
members, affiliates, subsidiaries, successors and assigns, Suppliers and
its third-party agents shall not, directly or indirectly, be liable, in
any way, to you or any other person for any: (i) inaccuracies or errors in
or omissions from the Service including, but not limited to, quotes and
financial data; (ii) delays, errors or interruptions in the transmission
or delivery of the Service; or (iii) loss or damage arising therefrom or
occasioned thereby, or by any reason of nonperformance.
12. Limitation of Liability. UNDER NO
CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL FINANCIAL
FORECAST CENTER, ITS SUPPLIERS AND ITS THIRD-PARTY AGENTS BE LIABLE TO YOU FOR
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR
EXEMPLARY DAMAGES EVEN IF A FINANCIAL FORECAST CENTER AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH
DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS
OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOS, SUCH AS, BUT NOT
LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS.
Applicable law may not allow the limitation or exclusion of liability or
incidental or consequential damages. In no event shall Financial Forecast Center's
total liability to you for all damages, losses and causes of action
(whether in contract or tort, including but not limited to, negligence)
exceed the amount paid by you, if any, for accessing this site.
13. Representations and Warranties.
You represent, warrant and covenant that: (a) you have the power and
authority to enter into this agreement; (b) you are at least eighteen (18)
years old; (c) you shall not use any rights granted hereunder for any
unlawful purpose; and (d) you shall use the Service only as set forth in
the TOS.
14. Indemnification. You agree, at
your own expense, to indemnify, defend and hold harmless Financial Forecast Center,
LLC and its employees, representatives, Suppliers and agents, against any
claim, suit, action or other proceeding brought against Financial Forecast Center,
its employees, representatives, Suppliers and agents, by a third party, to
the extent that such claim, suit, action or other proceeding brought
against Financial Forecast Center, its employees, representatives, Suppliers and
agents is based on or arises in connection with the Service, or any
links on the Service, including, but not limited to: (i) your use or
someone using your computer's use of the Service; (ii) your use or someone
using your account, where applicable; (iii) a violation of the TOS by you
or anyone using your computer (or account, where applicable); (iv) a claim
that any use of the Service by you or someone using your computer (or
account, where applicable) infringes any Intellectual Property Right (as
herein defined) of any third party, or any right of personality or
publicity, is libelous or defamatory, or otherwise results in injury or
damage to any third party; (v) any deletions, additions, insertions or
alterations to, or any unauthorized use of, the Service by you or someone
using your computer (or account, where applicable); (vi) any
misrepresentation or breach of representation or warranty made by you
contained herein: or (vii) any breach of any covenant or agreement to be
performed by you hereunder. You agree to pay any and all costs, damages
and expenses, including, but not limited to, reasonable attorneys' fees
and costs awarded against or otherwise incurred by or in connection with
or arising from any such claim, suit, action or proceeding attributable to
any such claim.
15. Termination. Either you or
Financial Forecast Center may terminate the TOS with or without cause at any time and effective
immediately. You may terminate the TOS by discontinuing use of the Service
and destroying all materials obtained from the Service. These TOS will
terminate immediately without notice from Financial Forecast Center if you, in
Financial Forecast Center's
sole discretion, fail to comply with any provision of these TOS. Upon
termination by you or upon notice of termination by Financial Forecast Center, you
must destroy promptly all materials obtained from the Service and any
copies thereof. Sections two through thirteen (2-13) and fifteen through
twenty (15-20) shall survive any termination of the TOS.
16. Governing Law. These TOS shall be
governed and construed in accordance with the laws of the United States
and the State of Texas, without giving effect to conflicts-of-law
principles thereof. You agree to submit to the personal jurisdiction of
the state and federal courts located in Montgomery County in the State of
Texas with respect to any legal proceedings that may arise in connection
with the Service or from a dispute as to the interpretation or breach of
the TOS.
17. Access Outside the United States.
Financial Forecast Center, LLC. does not represent that materials in the Service
are appropriate or available for use in countries outside the United
States. If you choose to access the Service from outside the United
States, you are responsible for compliance with foreign and local laws.
Software from the Service is further subject to United States export
controls and may not be downloaded, exported or re-exported (i) into (or
to a national or resident of) Cuba, Libya, North Korea, Iran, Syria,
Sudan, or any other country to which the U.S. has embargoed goods or (ii)
to anyone on the U.S. Treasury Department's Table of Deny Orders. By using
the Service, you represent and warrant that you are not located in,
controlled by or a national or resident of any such country or on any such
list.
18. Miscellaneous. You accept that
Financial Forecast Center, LLC. has the right to change the content or technical specifications of
any aspect of the Service at any time at Financial Forecast Center's sole
discretion. You further accept that such changes may result in your being
unable to access the Service.
19. Headings. The section titles in
the TOS are used solely for the convenience of you and Financial Forecast Center
and have no legal or contractual significance.
20. Severability. If any provision of
the TOS is found invalid or unenforceable, that provision will be enforced
to the maximum extent permissible, and the other provisions of these TOS
will remain in force.
21. Entire Agreement. The TOS and any
other terms and conditions of service on any of Financial Forecast Center,
LLC.'s
websites, and its successor, constitute the entire agreement between you
and Financial Forecast Center and govern your use of the Service. 22. Contact
Information: Written correspondence should be sent to the
following address: Financial Forecast Center,
LLC |
© 1996-2008. All Rights Reserved. Financial Forecast Center, LLC