Terms and Conditions to Use of Argus’ Website
Please read the following terms and conditions of use carefully before using this Web site. By using this Web site, you acknowledge that you have read these terms and conditions of use, that you understand them, and that you accept and agree to be bound by them. If you do not accept and agree to these terms and conditions of use, promptly exit this Web site. Argus may, at any time and at its sole discretion, revise these terms and conditions by updating this posting. Therefore, you should periodically visit this page to review the current terms and conditions.
Argus believes that the information on this Web site has come from reliable sources, but it cannot assure its completeness or suitability for any purpose. The information contained within Argus’s Web site is current only as of the date of the most recent update, or if no update information has been provided, the date of issuance, but Argus does not represent or endorse the accuracy or reliability of any material on this Web site. Users are strongly encouraged to check the dates of issuance and most recent updates of any information contained within, or linked to, Argus’ Web site. Argus cannot guarantee that the material on this Web site has not been affected by technical malfunctions or unauthorized tampering. The materials on this Web site are subject to change without notice.
THIS WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEB SITE, IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ARGUS AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THIS WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THIS WEB SITE OR ANY LINKED SITE. FURTHER, ARGUS AND ITS AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ARGUS AND ITS AFFILIATES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ARGUS AND ITS AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
Argus and its Affiliates are not responsible for any damages whatsoever, and in particular, Argus and its Affiliates shall not be responsible for direct, indirect, special, punitive, incidental, or consequential damages, or damages for lost profits, loss of revenue, loss of use, lost data, lost opportunity, or any other commercial or other damages, arising out of or related to the use, reliance on, inability to use, performance, or non-performance of the information, data or merchandise that appears on, or is linked or related in any way to this Web site, whether such damages arise from contract, negligence, tort, or otherwise, even if Argus or any of its Affiliates have been advised of the possibility of such damages. IF YOU ARE DISSATISFIED WITH THIS WEB SITE, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE THE USE THEREOF.
Argus is not in the business of providing investment advice and shall have no liability whatsoever for any investment decisions or the results of any investments made by a user of this Web site. Nothing contained in this site constitutes investment advice. Neither the information, nor any opinion contained in this site constitutes a solicitation or offer by Argus or its Affiliates to buy or sell any securities, futures, options or other financial instruments, or offer investment advisory services, nor shall any such security be offered or sold or investment advisory service offered to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the laws of such jurisdiction. Decisions based on information contained in Argus Web site are the sole responsibility of the visitor.
You represent, warrant, and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through this Web site any materials which (i) restrict or inhibit any other user from using and enjoying this Web site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) 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, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.
You hereby agree to indemnify, defend and hold Argus, its Affiliates and all of its and their officers, directors, partners, members, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms and conditions of use or any of the representations, warranties and covenants made by you herein, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required or requested in the defense of any claim. Argus reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Argus.
Electronic mail submitted to this site should be considered neither secure nor confidential. Argus makes no representation whatsoever concerning the security or confidentiality of your electronic messages and specifically makes no representation that any electronic messages submitted through this Web site will be received by Argus. Furthermore, any communications or material you transmit to Argus’ Web site by electronic mail or otherwise, including, but not limited to, data, questions, comments, or suggestions will be treated as nonconfidential and nonproprietary and will become the property of Argus. Such communications or materials may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Further, Argus may monitor your use of the Web site, and Argus reserves the right to use any ideas, concepts, know-how, or techniques contained in any electronic communication you send to this Web site for any purpose whatsoever. You hereby waive all rights to any claim against Argus for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such communications.
Argus does not and cannot review all materials posted to the Web site by users, and Argus is not responsible for any such materials posted by users. Nevertheless, Argus reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Argus’ sole discretion are objectionable or in violation of these terms and conditions of use.
This Web site, and all of its contents, is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. All rights not granted to you herein are expressly reserved by Argus. Other than as expressly provided in these terms and conditions of use, your use of this Web site does not create a license or any other rights in trademarks, service marks, copyrights, patents, trade secrets or any other intellectual property or proprietary rights of Argus or any of its Affiliates. The content of this Web site (the “Content”) is only for your personal, non-commercial use. All materials contained on this Web site are protected by copyright, and are owned or controlled by Argus, its Affiliates or the party credited as the provider of the Content (if any). You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on this Web site. You may download and make one copy of the Content and other downloadable items displayed on this Web site for personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, non-commercial use is expressly prohibited without the prior written consent of Argus or the copyright holder identified in the individual Content’s copyright notice. You may not use, publish, display, disclose, rent, lease, modify, loan, distribute, transmit, reuse, repost any of the Content or create derivative works based on the Content, the Web site or any part thereof.
“Argus” and the names of the Affiliates of Argus and their funds and products are service marks and/or trademarks of the respective firms. The trade and service marks and trade dress of Argus and its Affiliates may not be used in connection with any product or service not owned or explicitly sanctioned by Argus or its Affiliates, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Argus or its Affiliates. Any trade and service marks not owned by Argus or its Affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to or endorsed by Argus or its Affiliates.
Links to third-party Web sites through so-called “hyperlinks” are provided by Argus as a convenience. Argus does not control these sites and is not responsible for the content, update or accuracy of these sites. Argus does not endorse or make any representations about the companies, products, or materials accessible through these hyperlinks, or the security of such Web sites. If you opt to hyperlink to other Web sites accessible through Argus’ Web site, you do so entirely at your own risk. Further, no representation or warranty is provided for any software that you may download from a link from this Web site.
THE AGREEMENT FORMED BY YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE (AS EVIDENCED BY YOUR USE OF THIS WEB SITE) SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF TEXAS.
You acknowledge that you are aware that by using this Web site you may be subject to security and privacy exploitations, including, eavesdropping, sniffing, spoofing, hacking, breaking passwords, harassment, exposure to objectionable material, posturing, or other security or privacy hazards. YOU ACKNOWLEDGE AND AGREE THAT ANY CONTENT OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED FROM ARGUS AND ITS AFFILIATES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES WHATSOEVER ARISING FROM THE DOWNLOAD OR OTHER ACQUISITION OF SUCH CONTENT OR SOFTWARE. ARGUS AND ITS AFFILIATES WILL NOT BE RESPONSIBLE IF ANY SOFTWARE OR CONTENT INFECTS OR CONTAMINATES A USER’S SYSTEM OR INFORMATION.
These terms and conditions of use, as modified from time to time, constitute the entire agreement between Argus and you with respect to your use of this Web site. Any cause of action you may have with respect to your use of this Web 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 these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of the terms and conditions of use shall continue in full force and effect.
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