Last Updated on May 17th, 2012
This Agreement (the "User Agreement") is between you ("User") and Deal Point Data, LLC ("Deal Point Data"). By accessing or using the Site, you agree to be bound by this Agreement. Deal Point Data provides the content on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your continued use of this Site constitutes your agreement to all such terms, conditions, and notices.
1. GRANT OF LICENSE. The User agrees the materials, including without limitation text, data, reports, documents, software, and images, collectively ("Content") are owned or controlled by Deal Point Data. Deal Point Data grants you the User, a revocable, non-exclusive and non-transferable limited right to access the non-subscription portion of the site for noncommercial use. The User will not rent, lease, trade, or sell to others Deal Point Data's Content, or permit access thereto, in any form. The User may not reproduce, publish, redistribute, modify or in any way commercially exploit any of the Content. The User agrees to keep confidential all Content provided by Deal Point Data.
2. INTELLECTUAL PROPERTY RIGHTS. All material contained on the Site, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. The Site, its content, layout and design are the exclusive property of Deal Point Data or its licensors and, except as expressly provided herein, Deal Point Data does not grant any express or implied right in any such materials to you. In particular and without limitation, Deal Point Data owns the copyright in the Site as a collective work and/or compilation, any and all databases accessible on the Site, and in the selection, coordination, arrangement, and enhancement of the content of the Site.
3. NO ADVICE OR SOLICITATION. The content provided on Deal Point Data.com is for informational purposes only and does not constitute legal advice or advice to buy or sell securities. You acknowledge that any reliance upon any information displayed or distributed through Deal Point Data is at your sole risk. Deal Point Data reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site.
4. INDEMNIFICATION. The User hereby agree to indemnify, defend and hold harmless Deal Point Data from and against any and all liability and costs incurred by Deal Point Data in connection with its use of the Site or the Content or in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. The User shall cooperate as fully as reasonably required in the defense of any claim brought by third parties which may be covered by the preceding sentence.
5. DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SUBSCRIPTION, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Deal Point Data MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY Deal Point Data. Deal Point Data DOES NOT WARRANT (I) THAT THE FUNCTIONS CONTAINED IN THE SITE OR YOUR SUBSCRIPTION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (II) THAT DEFECTS OR ANY ERRORS WILL BE CORRECTED, (III) THAT THE SITE OR YOUR SUBSCRIPTION WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, (IV) THAT THE SITE, INCLUDING THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE OR YOUR SUBSCRIPTION WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR YOUR SUBSCRIPTION IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Deal Point Data OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
6. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL DEAL POINT DATA AND ITS STRATEGIC PARTNERS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (I) THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF Deal Point Data, ITS STRATEGIC PARTNERS OR ITS PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE ; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE . THE TOTAL LIABILITY OF Deal Point Data HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE SITE. YOU HEREBY RELEASE Deal Point Data FROM ANY AND ALL OBLIGA TIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7. GOVERNING LAW. This agreement and performance hereunder shall be governed by and construed in accordance with the laws of the State of New Jersey, U.S.A., and any action, suit or proceeding instituted hereunder shall be maintained in the courts of the State of New Jersey, U.S.A., or the federal courts located in the State of New Jersey, U.S.A., which courts shall have exclusive jurisdiction for such purposes.
Web Site Usage Information. Deal Point Data collects IP Addresses and usage information when you visit Deal Point Data. This information is used on an aggregate basis to evaluate the frequency and length of visits.
9. CHANGES AND MODIFICATIONS. These Terms and Conditions may be amended from time to time. Any amendment is effective upon posting on the web Site. Your continued use of the product following any posted amendment to this agreement shall be conclusively deemed an acceptance of such amendment.
10. LICENSE AGREEMENT. If the User is covered by a separate License Agreement with Deal Point Data, the terms of the License Agreement will control.