1. WHAT OUR WEBSITE IS: The Website is a portal for core documents, industry insights and optimisation tools, in part utilising data from selected third party sources (“Sourced Data”), and which together has been custom-curated for You (the “Service”). FIG does not sell any products on the Website or provide any services (except the Service) and is not a party to any transaction You may make with any third party in respect of any Sourced Data. FIG does not sell or license any of the Sourced Data accessible via the Website, and FIG is not acting as an agent of sale or an agent of any merchant or provider of such Sourced Data. No endorsement of, or representation or warranty in respect of any Sourced Data is expressed or implied by any information, material or content referred to or included on the Website. FIG does not have any responsibility for, or liability related to, any Sourced Data accessible via the Website. You should direct any questions, complaints or claims related to any Sourced Data to the appropriate third party.
2. POSTING: The Website may permit You to post content or view content posted by third parties. FIG does not undertake any obligation to monitor, nor assumes any responsibility, and shall not be responsible for, any such content. In so far as permitted by law, if You have a dispute with any other user or any third party, including any third party in respect of any Sourced Data, You release FIG and its “Affiliates” (being any person or entity that controls, is controlled by, or is under common control with the entity in question, where “control” and its related forms means the direct or indirect ownership, either legal or beneficial, of at least fifty percent of the equity or voting rights of the entity in question), and its and their respective members, partners, officers, employees, agents, contractors and service providers, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
3. LINKS: FIG may provide links to external websites or resources which are not the Website for your convenience and reference only. FIG has no obligation to review any sites linked to the Website, does not control or endorse, and is not responsible for the availability of, these external websites or resources or for any content, advertising, products, or other materials on or available from such external websites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk. 4. OWNERSHIP AND USE: A. Ownership. All of the material included on the Website or provided in the Service, including but not limited to any Sourced Data, trademarks, text, graphics, logos, service marks, trade dress and copyrights (collectively, the "Content"), is the property of FIG and other parties. U.S. and international copyright laws protects all Content available on the Website. The overall design and layout of the Website constitutes the exclusive trade dress of FIG, and is protected pursuant to trademark laws.
B. Use. Your use of the Service and the Content does not transfer to You any ownership or other rights in the Service or the Content. You may download Content displayed on the Website for your personal, non-commercial use only, provided You also retain all copyright and other proprietary notices contained on the Content. You may not modify, copy, distribute, transmit, display, publish, sell, license, or create derivative works using any of the Content for commercial or public purposes. In particular, but without limiting the above, You may not download, copy, transmit or reproduce any data, information and/or content from the Competitive Library within the Website, and may only permit other users to access the same in accordance with these Terms.
A. Grant of License. To enable us to better provide the Services, You hereby grant toFIG, on all media, a non-exclusive, irrevocable, worldwide, perpetual, sublicensable, royalty-free license to: display, publish, use, translate, create derivative works from, reproduce, reformat, compile, archive, distribute, and transmit all information and materials provided by You to FIG and used on the Website ("Your Content")) and display your name, trademarks and service marks and exercise copyright and other intellectual property rights You have in Your Content, in any past, current or future media.
B. Ownership, Copyright and Trademarks. You retain all right, title and interest (subject to the license granted herein) in and to Your Content. You, for yourself and on behalf of any other party with your authority, submit to FIG, and represent and warrant, that such Your Content and the license granted herein does not violate any intellectual property rights.
6. ACCEPTABLE USE OF THE WEBSITE. In respect of your use of the Service:
A. You hereby certify to FIG that You are of the age of majority within your province of residence and that You are able to form legally binding contracts.
B. You assume full responsibility for the access to the Website and the use of the Website and the Service by any dependent minors.
C. Your use of the Service is subject to all applicable local, provincial, federal and international laws and regulations. Your conduct is subject to Internet regulations, policies and procedures.
D. You are solely responsible for the content of your transmissions. You acknowledge and agree that FIG does not endorse the actions, the contents of communications, or the Sourced Data.
A. THE SERVICE AND YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. FIG MAKES NO REPRESENTATION, WARRANTY, TERM OR OTHER CONDITION:
i. THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;
ii. AS TO (a) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, (b) CONFIDENTIALITY OR PRIVACY OF ANY OF USER'S INFORMATION; OR (c) THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE;
iii. (AND WHILST FIG TAKES REASONABLE STEPS TO SAFEGUARD AND TO PREVENT UNAUTHORIZED ACCESS TO YOUR INFORMATION), FOR THE ACTS OF THOSE WHO GAIN UNAUTHORIZED ACCESS TO SUCH INFORMATION OR DATA, AND FIG MAKES NO REPRESENTATION, WARRANTY, TERM OR CONDITION, EXPRESS, IMPLIED, OR OTHERWISE, THAT IT WILL PREVENT UNAUTHORIZED ACCESS TO YOUR PRIVATE INFORMATION.
B. ANY INFORMATION, DATA OR OTHER MATERIAL VIEWED, DOWNLOADED DERIVED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE AND/OR SERVICE IS DONE ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR IT OR COMPUTER SYSTEM, OR FOR ANY LOSS OF OR DAMAGE TO DATA THAT RESULTS DIRECTLY OR INDIRECTLY THEREFROM.
C. FIG MAKES NO REPRESENTATION, WARRANTY, TERM OR CONDITION REGARDING ANY SERVICES OBTAINED (INCLUDING WITHOUT LIMITATION SOURCED DATA ACCESSED AND/OR USED) THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY THIRD PARTIES OR OTHER USERS.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIGOR THROUGH THE SERVICE, SHALL CREATE ANY REPRESENTATION, TERM, CONDITIONS OR WARRANTY NOT EXPRESSLY MADE HEREIN.
E. SOURCED DATA - FIG HAS NO CONTROL OVER AND DOES NOT REPRESENT OR WARRANT IN ANY WAY THE NATURE, EXTENT OR USEFULNESS OF ANY SOURCED DATA, OR THAT ANY OF THE SAME IS TRUE, ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. SOURCED DATA IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND FIG SHALL HAVE NO LIABILITY FOR INACCURACY OR INCOMPLETENESS IN ITS DESCRIPTION, USABILITY, AVAILABILITY, CONTENT, OR OTHER CONTENT, COMMENT OR INFORMATION RELATING THERETO ON THE WEBSITE. FIG IS NOT LIABLE FOR ANY NEGLIGENCE, ACTS OR OMISSION OF ACTS OF ANY THID PARTIES ACCESSED DIRECTLY OR INDIRECTLY ON THE WEBSITE. YOU ASSUME THE ENTIRE RISK AS TO THE ACCURACY, ADEQUACY, COMPLETENESS, CURRENCY, VALIDITY AND QUALITY OF ANY INFORMATION RELATING TO SOURCED DATA. ANY INFORMATION ON THE WEBSITE CAN CHANGE WITHOUT NOTICE.
F. EXCEPT AS EXPRESSLY PROVIDED HEREIN, FIG MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR SERVICE, INCLUDING THAT THE SAME SHALL BE ERROR FREE OR OPERATE WITHOUT INTERRUPTION, AND THE WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED.
G. IN ADDITION, FIG SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM THESE TERMS (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), NOR FOR ANY LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, LOSS OF OPPORTUNITY, OR LOSS OF DATA. IN ANY EVENT, THE AGGREGATE LIABILITY OF FIG HEREUNDER SHALL NOT EXCEED $1. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR PERSONAL INJURY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
H. NOTHING IN THIS TERMS SHALL EXCLUDE OUR LIABILITY FOR:
i. DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE;
ii. FRAUD OR FRAUDULENT MISREPRESENTATION;
iii. AVAILABILITY TO THE EXTENT THE SAME MAY NOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS YOU ARE ENTITLED TO AS A CONSUMER TO THE EXTENT THAT SUCH RIGHTS CANNOT BE WAIVED OR ALTERED BY THESE TERMS.
10. INDEMNIFICATION. A. You hereby agree to defend, indemnify, and hold harmless now and in the future, and hold FIG, its Affiliates, and its and their respective members, partners, licensors, vendors and third party providers, and their respective officers, agents, employees and contractors, successors and assigns, harmless from any cost, claim, demand, expense or liability, including any reasonable legal adviser fees, by any third party due to or arising directly or indirectly from your use of the Service, the Website, or your breach of any provision of these Terms, including the breach of third parties’ intellectual property rights and/or rights of privacy.
B. Even though prohibited, people may provide information that is offensive, false, harmful, or deceptive. FIG and its service providers assume no responsibility whatsoever for such content or actions
11. TERMINATION. A. FIG may, in its sole discretion, terminate, suspend or modify your access to the website and/or use of the Service, at any time, with or without notice, and without liability to You or any other person. In any event, You are not entitled to use, and shall immediately cease using, the Service, if You are in breach of any provision of these Terms. B. These Terms shall continue to bind you to the extent of any continued use by You of the Service and/or Website after any termination of these Terms. C. Upon termination, FIG may remove from the Website and permanently delete and destroy any of Your Content that You or others may have posted or submitted without any prior notice or liability to You or any other person.
12. NOTICES. Except as stated otherwise, any notices shall be given in writing by postal mail to Figliulo & Partners LLC, 628 Broadway, 5th Floor, New York 10012, USA, marked “For The Attention of the COO”. 13. GENERAL.
B. Should any provision of these Terms be held to be void, invalid or inoperative, the remaining provisions of these Terms shall not be affected and shall continue in effect and the invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity.
C. The failure of FIG to partially or fully exercise any right or the waiver by FIG of any breach, shall not prevent a subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of these Terms.
D. Neither You nor FIG shall be liable to the other party for any delay in meeting, or for any failure to meet, any obligations pursuant to these Terms due to any cause outside its reasonable control.
E. You shall not assign any of your rights or obligations under these Terms to any other party without the prior written consent of FIG. FIG may, however, assign the benefit and burden of these Terms at its discretion. These Terms shall be binding upon, shall inure to the benefit of, and shall be enforceable by the respective successors and assigns of both You and FIG.
F. These Terms shall be governed and interpreted in accordance with the laws of the State of New York without regard to principles of conflict of laws. You and FIG hereby agree to submit to the exclusive jurisdiction over all disputes hereunder in the federal and state courts in the State of New York located in New York County. Any dispute, controversy or claim arising out of these Terms, or the default or breach hereof, that cannot be settled through negotiation shall be settled (a) first, by both parties trying in good faith to settle the dispute by mediation under the Commercial Mediation Rules of the American Arbitration Association (“AAA”) (such mediation session to be held in New York, New York and to commence within fifteen (15) days of the appointment of the mediator by the AAA), and (b) if the dispute controversy or claim cannot be settled by mediation, then by arbitration administered by the AAA under it Commercial Arbitration Rules (such arbitration to be held in New York, New York before a single arbitrator and to commence within fifteen (15) days of the appointment of the arbitrator by the AAA). Judgment on the award by the arbitrator may be entered in any court having jurisdiction thereof. Either You or FIG may seek from a court any provisional remedy that may be necessary to protect its rights or property pending the establishment of the arbitration panel or its determination of the merits of the controversy.
G. A printed version of this Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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