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PEsource, Inc.
TERMS OF USE
USERS OF THIS SITE AGREE TO BE
BOUND BY THE FOLLOWING TERMS
1. These Terms of Use are to be read
together with any applicable User
License relating to your access to the
information, functions and interface
accessible at the URL "www.pesource.com"
(the "Database"). In the event that
there is conflict between these Terms of
Use and your license, or if these Terms
of Use would grant rights broader in
scope or time, your User License shall
govern. Misuse of the Database or
failure to comply with these Terms of
Use shall be grounds for immediate
termination of your rights to use the
Database, including termination of any
separate User License, without
notification.
2. You have a limited, non-exclusive,
non-transferable, royalty free license
to use the Database. Upon termination of
your User License, you shall remove any
information obtained from the Database
from its records and systems. This is
not a grant of any ownership rights in
the Database, and PEsource, Inc. retains
all right, title and interest in the
Database. PEsource, Inc. is the sole
owner of the content, layout, functions,
features, code, appearance, trademarks
and other intellectual property
comprising the Database and the
interface that is made available to You
via PEsource, Inc.'s website at "www.pesource.com"
(collectively, the "PEsource, Inc.
Intellectual Property"). You shall not
download, duplicate or reverse engineer
any PEsource, Inc. Intellectual Property
other than materials that are intended
by PEsource, Inc. to be downloaded in
connection with your use of the
Database.
3. You may access and use the Database
solely: (i) to view any of the
information in the Database; (ii) to
download information from the Database;
and (iii) to print limited portions of
the Database, and (iv) to contact
companies or individuals listed in the
Database. You may not (a) duplicate any
significant portion of the database
digitally or in print, (b) permit any
unlicensed party to use your password or
otherwise have access to the Database;
or (c) disclose any information from the
Database to any unlicensed party at any
time.
You may not transmit, through any means,
to individuals or entities contained in
the Database, any materials that (i) are
unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar,
offensive, pornographic, profane,
sexually explicit or indecent, (ii)
constitute or encourage conduct that
would constitute a criminal offense,
give rise to civil liability or
otherwise violate law, (iii) violate,
plagiarize or infringe the fights of
third parties including, without
limitation, copyright, trademark,
patent, rights of privacy or publicity
or any other proprietary right, (vi)
constitute or contain false or
misleading indications of origin or
statements of fact. You will not attempt
to gain unauthorized access to PEsource,
Inc. services or the PEsource, Inc.
accounts of others.
You are responsible for complying with
state and federal "anti-spam" rules
implicated by your use of the Database,
as well as any federal and international
rules governing the transmittal of
personal or sensitive data.
In addition to other remedies available
to PEsource, Inc., you agree to
indemnify PEsource, Inc. against any
claims or damages resulting from your
breach of this paragraph 3.
4. THE DATABASE IS PROVIDED "AS IS" AND
PESOURCE, INC. HEREBY DISCLAIMS ANY AND
ALL WARRANTIES INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PESOURCE, INC. DOES NOT WARRANT THAT THE
PRODUCT WILL MEET YOUR REQUIREMENTS OR
THAT THE PRODUCT WILL OPERATE IN
COMBINATION WITH OTHER SOFTWARE.
The Database is comprised of voluminous
researched information which is updated
frequently. As a result, (i) PEsource,
Inc. cannot and does not warrant the
accuracy or completeness of the
Database, (ii) you agree that PEsource,
Inc. will not be liable to you or any
third party for any adverse consequences
arising as a result of the inaccuracy or
incompleteness in the Database.
PEsource, Inc. will endeavor to provide
continuous access to the Database,
however, due to maintenance, technical
failures, power failures and other
similar events, there may be periodic
outages. YOU AGREE THAT PESOURCE, INC.
WILL NOT BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY ADVERSE CONSEQUENCES
ARISING AS A RESULT OF THE
UNAVAILABILITY OF THE DATABASE,
INCLUDING, FOR EXAMPLE, BUSINESS
INTERRUPTION OR LOST PROFITS.
THE INFORMATION CONTAINED IN THE
DATABASE IS PROVIDED FOR BUSINESS USES
AND INFORMATIONAL PURPOSES AND IS
SUBJECT TO CHANGE WITHOUT NOTICE.
NOTHING CONTAINED IN THE DATABASE
CONSTITUTES INVESTMENT, TAX, OR LEGAL
ADVICE, NOR IS IT TO BE RELIED ON IN
MAKING AN INVESTMENT OR OTHER BUSINESS
DECISION. PESOURCE, INC. DISCLAIMS ANY
AND ALL LIABILITY REGARDING USE OF ANY
INFORMATION IN THE DATABASE FOR
INVESTMENT PURPOSES.
PEsource, Inc. is an information service
that researches, organizes and publishes
information for use by its Licensees.
PEsource, Inc. does not recommend, offer
advice regarding investments, or
participate in any manner in any
securities transactions including
solicitation, offer, negotiation, or
execution of any transaction. PEsource,
Inc. is not compensated in any manner
based on the occurrence, amount or
outcome of any transaction, and does not
handle the securities or funds of others
in connection with any transaction in
securities. Therefore, PEsource, Inc. is
not a broker-dealer or investment
advisor under state or federal laws, and
is not registered or licensed as such.
PEsource, Inc. may include, or provide
access to, documents or data supplied or
prepared by persons other than PEsource,
Inc. ("Third Party Content"). PEsource,
Inc. does not warrant the completeness
or accuracy of any Third Party Content,
nor does PEsource, Inc. assume any
responsibility as to the legal
sufficiency of Third Party Content for
any purpose. You agree to comply
strictly with any legal terms and
conditions limiting your use of Third
Party Content.
PEsource, Inc. may post or provide
access to documents or data supplied by
you. PEsource, Inc. does not make any
representation or warranty as to the
manner in which the documents or data
will be posted or accessible by you or
others (such as the preservation or
replication of layout, content, or the
ability to download), or the
availability of such documents or data
(including timeliness of posting
materials submitted for posting or the
continuity of availability).
5. IN NO EVENT SHALL PESOURCE, INC. BE
LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, INDIRECT, EXEMPLARY,
PUNITIVE OR SPECIAL DAMAGES, HOWEVER
CAUSED, INCLUDING LOSS OF PROFITS,
REVENUE, DATA OR USE, INCURRED BY YOU OR
ANY THIRD PARTY, WHETHER UNDER THEORY OF
CONTRACT, TORT (INCLUDING NEGLIGENCE),
WARRANTY OR OTHERWISE, EVEN IF PESOURCE,
INC. HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. PESOURCE, INC.'S
MAXIMUM LIABILITY, UNDER ANY THEORY OF
DAMAGES, SHALL BE FIVE-HUNDRED DOLLARS
($500.00).
6. You agree that failure to abide by
these Terms of Use shall cause
irreparable harm and significant injury
to PEsource, Inc., that may be difficult
to ascertain. Accordingly, you agree
that PEsource, Inc. will have the right
to seek and obtain immediate injunctive
relief to enforce these Terms of Use, in
addition to any other rights and
remedies PEsource, Inc. may have. It is
further understood and agreed that no
failure or delay by PEsource, Inc. in
exercising any right, power or privilege
hereunder will operate as a waiver
thereof, nor will any single or partial
exercise thereof preclude any other or
further exercise thereof or the exercise
of any right, power or privilege
hereunder. If any action or suit is
instituted to enforce your obligations
hereunder, the prevailing party shall be
entitled to recover from the other
party, in addition to any other rights
and remedies it may have, all reasonable
expenses and attorneys' fees at trial or
on appeal.
7. This agreement is governed by the
laws of the Commonwealth of Virginia,
U.S.A., as an agreement entered into and
performed in Virginia. You agree that
any action to enforce this Agreement may
be brought in the state or federal
courts in Virginia, and those courts
will have jurisdiction to hear such
disputes, and you waive the right to
claim that jurisdiction is inconvenient.
You shall not bring any action or
proceeding based on this agreement or
use of the Database more than one (1)
year after the cause of action accrues.
If any provision of this agreement is
held unenforceable or invalid, the
remaining provisions shall nevertheless
be binding upon the respective parties
hereto with the same effect as though
the invalid or unenforceable provision
was deleted. No delay by PEsource, Inc.
in the enforcement of, or failure to
enforce, any provision or right
hereunder shall operate as a waiver of
such right. You may not assign this
agreement or delegate any right
hereunder without the prior written
consent of PEsource, Inc. |