LEGAL - Terms of Use

 
 

 

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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.

 

 

 

 

 

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