General Terms and Conditions for CXO ANALYTICS, INC.
Update: October 6, 2015
1. Please Read These Terms Carefully Before Using This Site
This Web site is provided by CxO Analytics, Inc. (CxO) and may be used for informational purposes only. By using the site including any content or services accessible through the site or downloading materials from the site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions do not use the site or download materials from the site.
The use by you of any content or services accessible through the site may be subject to your acceptance of separate agreements with CxO Analytics, Inc. or third parties.
You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem, and (c) following a free trial period to try the CxO DataLink service, all purchased annual licenses are final. Annual licenses are authorized with online accessibility immediately upon processed payment.
2. Limited License
Subject to the terms and conditions set forth in this Agreement, CxO grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way.
CxO authorizes you to view and download the information (“Materials”) at this Web site (“Site”) only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions:
1. you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials;
2. you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose;
3. you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use.
You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, CxO does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. CXO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY APPLETS, SOFTWARE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH APPLETS, SOFTWARE, OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. CXO RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. CXO MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, FEATURES, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. CXO ANALYTICS, INC. AND ITS SUPPLIERS disclaim any and all warranties, including, but not limited to: (1) any warranties concerning access to the service, the availability, accuracy, usefulness, QUALITY AND PERFORMANCE of content, products or services and (2) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. CxO Analytics, Inc. does not warrant that the service is free from OMISSIONS, bugs, viruses, errors, or other program limitations nor does CxO Analytics, Inc. warrant access to the Internet or to any other service or content through the service. Further, neither CxO, its subsidiaries, affiliates, or any of the third party suppliers warrants, guarantees, or makes any representation regarding the use, or the results of the use, of the service or the documentation in terms of correctness, accuracy, reliability, currentness or otherwise. The entire risk as to the results and performance of all services or software is assumed by you. The opinions expressed by the authors of the data contained in the service are their own and not necessarily those of CxO or the third party suppliers. The warranty and remedies set forth above are exclusive and in lieu of all others, oral or written, express or implied. No CxO dealer, distributor, agent or employee is authorized to make any modification or addition to this warranty.
4. Limitations of Damages
The entire liability of CxO Analytics, Inc. and its representatives (as defined below) for any reason shall be limited to the amount paid by the customer and received by CxO for the related services or content purchased from CxO Analytics, Inc., its authorized reseller or its service providers. To the maximum extent permitted by applicable law, CxO Analytics, Inc. and its subsidiaries, affiliates, licensors, participating financial institutions, third-party content or service providers, distributors, dealers or suppliers (“representatives”) are not liable for any direct, indirect, special, incidental, consequential or other damages (including, without limitation, lost profits or revenue, business interruption, loss of use of service, loss of investment, loss of information or programs or other data or the like, cost of recovering software or data, cost of substitute software or data, claims by third parties, or similar costs) arising out of the use of or the inability to use the service or documentation or software, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if CxO Analytics, Inc. or its representatives have been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose. Some states do not allow the limitation and/or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. The limitations of damages set forth above are fundamental elements of the basis of the bargain between CxO Analytics, Inc. and you. CxO Analytics, Inc. would not be able to have provided this service to you without such limitations.
5. Third Party Sites
As a convenience to you, CxO may provide, on this Site, links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. CxO makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that CxO or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of CxO or any of its affiliates or subsidiaries.
6. External Links to the Site
All links to the Site must be approved in writing by CxO, except that CxO consents to links in which: (i) the link is a text-only link containing only the name “CxO”; (ii) the link “points” only to www.cxo-analytics.com and not to deeper pages;(iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a “frame” on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by CxO nor be such as to damage or dilute the goodwill associated with the name and trademarks of CxO or its Affiliates. CxO reserves the right to revoke this consent to link at any time in its sole discretion.
7. Information Provided By You
8. User Conduct On the Site
While using the Web site, you may not:
• Restrict or inhibit any other user from using and enjoying the Service;
• Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or
• Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by CxO Analytics, Inc.) or engage in spamming or flooding; or
• Post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or
• Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
• Post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or
• Upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under U.S. copyright laws.
9. Monitoring of the Service
CxO reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes.
CxO may terminate, change, suspend or discontinue any aspect of the CxO Site, including the availability of any features of the Site, at any time. CxO may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. CxO may terminate the authorization, rights and license given above and, upon such termination; you shall immediately destroy all Materials.
11. International Users and Choice of Law
This Site is controlled, operated and administered by CxO from its offices within the USA. CxO makes no representation that materials at this site are appropriate or available for use at other locations outside of the USA and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of U.S. export laws and regulations. If you access this Site from a locations outside of the USA, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the State of Georgia, without giving effect to its conflict of laws provisions.
This Agreement constitutes the entire agreement between CxO and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
12. Copyright and Trademark Information
CxO Analytics, Inc. and its subsidiaries/affiliates, unless otherwise noted, are the owners and/or authorized users of any trademark, registered trademark and/or service mark appearing at this Web site, and are the copyright owners or licensees of the content and/or information on this Web site including but not limited to any screens appearing at the site. All other brand names, product names, or trademarks belong to their respective holders.