Last updated: Nov-26-2014
    
 
END USER AGREEMENT
11/26/2014 11:12:46 PM
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This End User Agreement defines the terms and conditions for use of this website.

 

This User Agreement governs the following websites owned by Fundata:

  • www.Fundata.com
  • www.FundProfiler.com
  • www.FundLibrary.com

(collectively, the “Website”).


Fundata may change the terms and conditions of this User Agreement at any time without notice to you and you are responsible for periodically reviewing the most current version on the Website. By continuing to use this Website, you are deemed to be agreeing to be bound by the then current terms and conditions.


Please carefully read the following terms and conditions of this agreement (the “User Agreement”) before using this website or any of the websites listed above as these terms and conditions govern your use of this website and its content. By using this website you agree with the terms and conditions, and furthermore are (i) representing that you have read and understand the terms and conditions of this User Agreement, (ii) representing that you have the capacity and authority to enter into this User Agreement, (iii) intending the terms and conditions of this User Agreement to be the legal equivalent of a signed, written contract, and (iv) accepting the terms and conditions of this User Agreement and agree to be legally bound by them. If these terms and conditions are not acceptable to you, please discontinue use of this website.

Use of this Website

This User Agreement is effective from the time that you first access the Website. Fundata grants to you a personal, non-exclusive, non-transferable license to display on your computer, download, print and use the Content (as defined below) for your own or your individual investor client’s informational purposes and not for any commercial purpose. You agree that you will not change or delete any copyright or other proprietary notices from material that you download or print from this Website.


Except as expressly set forth in this User Agreement, you may not use, modify, copy, creative derivate works of, display, reproduce, sell, distribute, publish, mirror, data mine or otherwise use any information or material obtained from or through this Website, without Fundata's prior written consent. You may not post any Content from this Website to forums, newsgroups, mailing lists, electronic bulletin boards, or other websites, without the prior written consent of Fundata. You agree not to use this Website for any purpose that is unlawful or prohibited by this User Agreement, including but not limited to attempting or actually (i) disrupting, impairing or interfering with this Website, (ii) collecting any information about other users of this Website, including passwords, accounts or other information, or (iii) systematically extracting data contained on this Website to populate databases for internal or external business use.


Fundata reserves the right to seek all remedies available at law and in equity in the event of any breach by use of this User Agreement. Notwithstanding the generality of the foregoing, Fundata has the right to: (i) restrict or prevent your access to this Website or the Content (or any portion thereof) at any time without notice for any reason; or (ii) change or discontinue providing this Website or the Content (or any portion thereof) at any time without notice. Fundata has no obligation to update this Website or to correct any errors or omissions in this Website or the Content.


In the event that you register for a username on this Website, you agree that you are solely responsible for maintaining the confidentiality and security of that username and your password, and you are responsible for all acts and/or omissions that occur under the authority of your username. If you have reason to believe that there is any unauthorized use of your username or any other breach of security related to the site, you are required to immediately notify Fundata.

Ownership and Copyright

You acknowledge and agree that all portions of this Website, including all content, information, materials, tools, ratings, site design, text, graphics, HTML and other code or software, and the selection and arrangement of all such material (collectively “Content”), is owned by Fundata or its content providers and is protected by Canadian and international copyright and other intellectual property laws. You further acknowledge and agree that this Website contains data and information of a proprietary nature. You agree not to use this Website (including all or any part of the Content) for any purpose other than as set forth in this User Agreement.

Trade-marks

Certain names, words, titles, phrases, logos, designs, graphics, icons and marks displayed on the Website or in the Content may constitute trade-marks or trade names of Fundata, its content providers, licensors or other third parties. Nothing in this User Agreement or on the Website shall be construed as granting to you a license to use any such trade-marks or trade names. All trade-marks or trade names not owned by Fundata are the property of their respective owners.

Information On This Website Is Not Advice

Information provided on this Website is to be used for information purposes only and is not intended to provide financial, tax, accounting, legal or investment advice. You should not rely on any tools, ratings or other information on this Website or act on it in any way. If you need information about a specific financial, tax, accounting, legal or investment issue, you should consult an appropriately-qualified professional adviser. The views, opinions and advice of any third party provided on the Website reflect those of the individual authors are not endorsed by us. Fundata does not make any recommendations regarding the advisability of investing in any particular security or securities generally. You agree that any tools, ratings or other information made available on this Website are not a substitute for the exercise of independent judgement and expertise. The tools, ratings and other information contained in this Website do not take into account your personal objectives, situation or needs. Any rating contained in this Website should be weighed as only one factor in determining whether to purchase, hold or sell a security.

Disclaimer of Warranties

THIS WEBSITE IS PROVIDED ON AN "AS IS" AND “WHERE IS” BASIS. FUNDATA DISCLAIMS ALL WARRANTIES OF ANY KIND REGARDING THIS WEBSITE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, NON-INFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, COMPLETENESS, TIMELINESS, CURRENCY AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE.


NEITHER FUNDATA NOR ITS CONTENT PROVIDERS WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THIS WEBSITE OR ANY OF THE CONTENT.

NEITHER FUNDATA NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THIS WEBSITE OR ITS CONTENT. PAST PERFORMANCE OF A MUTUAL FUND, STOCK, OR OTHER INVESTMENT VEHICLE DOES NOT GUARANTEE FUTURE PERFORMANCE.

Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL FUNDATA OR ITS CONTENT PROVIDERS, OR ANY OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS OR AGENTS BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND ARISING FROM, RELATING TO, OR IN CONNECTION WITH, THIS USER AGREEMENT OR THE USE OF, OR RELIANCE ON, THIS WEBSITE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO CLAIMS BASED ON THE NEGLIGENCE, GROSS NEGLIGENCE, INTENTIONAL ACTS OR OMISSIONS, FAULT OR MISCONDUCT OF FUNDATA, ITS CONTENT PROVIDERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS OR AGENTS.


UNDER NO CIRCUMSTANCES SHALL FUNDATA, ITS AFFILIATES, ITS CONTENT PROVIDERS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, OR AGENTS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNTIVE, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF REVENUE, FOR LOSS OF BUSINESS OPPORTUNITY OR FOR FAILURE TO REALIZE EXPECTED SAVINGS ARISING FROM OR RELATING TO THE FOREGOING, WHETHER IN CONTRACT OR TORT, EVEN IF FUNDATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


NOTWITHSTANDING ANY PROVISIONS OF THIS USER AGREEMENT, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FUNDATA, ITS AFFILIATES, ITS CONTENT PROVIDERS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS AND AGENTS ARISING FROM OR RELATING TO OR IN CONNECTION WITH THIS USER AGREEMENT, THIS WEBSITE, OR THE USE OF, OR RELIANCE ON, THIS WEBSITE OR THE CONTENT, REGARDLESS OF THE BASIS OF THE CLAIM, EXCEED THE LESSER OF THE FEES PAID TO FUNDATA FOR THE USE OF THIS WEBSITE DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RIST TO THE CLAIM OR CDN$500.


Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply.

Assumption of Risk

You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Fundata has used reasonable measures to create a secure and reliable website, the confidentiality and security of any communication or material transmitted to/from this Website over the Internet cannot be guaranteed. Accordingly, Fundata and its suppliers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Website, or for the consequences of any reliance on such information. Fundata and its suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services. You use, and rely on, this Website and its Content solely at your own risk.

Indemnification

You agree to indemnify, defend, and hold harmless Fundata, its content providers and their respective affiliates, directors, officers, employees, licensors, and agents from and against any and all claims, liabilities, losses, costs, or damages of any kind (including but not limited to attorneys' fees) arising from third party claims based on or related to: (i) your use of, and reliance on, this Website and its Content; and (ii) your breach of this User Agreement.

Third-party Websites, Links and Information

Fundata accepts advertising from third parties and receives a fee to advertise such third parties’ products and/or services on this Website. No endorsement by Fundata is intended or should be implied by the presence of such advertising on a Website.


This Website may contain hypertext links to the websites of third parties for convenience only to enable users to find related information and services. The provision of such hypertext links is not an express or implied endorsement of any linked website or an affiliation with its owner or operator. Fundata does not review, or control, the information in any linked website or the products or services described in those linked websites. Fundata cannot, and does not, warrant the quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for a particular purpose of any information or data on, or products or services available through, these linked websites. Fundata disclaims any responsibility for any opinions expressed on, or content posted on or available through, such linked websites.


Access to this Website may be provided by a hypertext link located at another website. Fundata does not review, or control, any websites owned by third parties and does not endorse the products or services described in those referring websites. Fundata cannot, and does not, warrant the quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for a particular purpose of any information or data on, or products or services available through, these referring websites. Fundata disclaims any responsibility for any opinions expressed on, or content posted on or available through, such referring websites.

Viruses

Fundata cannot and does not guarantee or warrant that this Website or the Content are compatible with your computer or systems or that this Website or the Content will be free of viruses, disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer or systems. You are responsible for the costs of any service, repairs or connections which may be necessary to your computer or systems as a result of your use of this Website or the Content.

Personal Information

In certain circumstances, Fundata will collect, use or disclose your personal information in the course of operating the Website and providing you with information and services that you have requested. By agreeing to this User Agreement and, where applicable, by selecting the appropriate boxes as indicated on the online registration form, you confirm that you understand and agree to the terms and conditions outlined in the Fundata Privacy Policy [provide link here once established] and that you consent to the collection, use and disclosure of your personal information as outlined in the Fundata Privacy Policy.

Governing Law, Jurisdiction and Dispute Resolution

This User Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to any choice-of-law or conflict-of-law provision or rule that would cause the application of the laws of any jurisdiction other than Ontario. You agree that any dispute, controversy or claim arising out of or relating to this User Agreement, including its existence, validity and termination, shall be referred to and finally determined by binding arbitration. The arbitration shall be conducted in English in Toronto, Ontario, under the Arbitration Act, 1991 (Ontario) and pursuant to the National Arbitration Rules of the ADR Institute of Canada. You agree not to assert any claim against Fundata or its content providers or any of their respective affiliates, directors, officers, employees, licensors or agents arising out of or relating to this User Agreement as a class, collective or representative action.


The parties have requested that these terms and conditions and all communications and documents relating hereto be expressed in the English language. Les parties ont exigé que cette entente ainsi que tous documents s'y rattachant soient rediges dans la langue anglaise.

Availability

THIS WEBSITE IS NOT INTENDED FOR DISTRIBUTION TO, OR USE BY, ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO LOCAL LAW OR REGULATION. BY OFFERING THIS WEBSITE AND THE CONTENT, NO DISTRIBUTION OR SOLICITATION IS MADE BY FUNDATA TO ANY PERSON TO USE THIS WEBSITE OR THE CONTENT IN JURISDICTIONS WHERE THE PROVISION OF THIS WEBSITE OR THE CONTENT IS PROHIBITED BY LAW.

Entire Agreement

This User Agreement and the Fundata Privacy Policy [provide link here once established] shall constitute the entire agreement between you and Fundata regarding the subject matter hereof, and shall supersede any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the parties regarding such subject matter.

Severability

To the maximum extent possible, each provision in this User Agreement shall be interpreted in such manner as to be valid and enforceable. If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be modified so as to be rendered valid and enforceable while implementing, to the maximum extent possible, the original intent of such provision. If such modification is not possible or allowed, then such provision shall be ineffective only to the extent of such unenforceability or invalidity without affecting the remainder of such provision or any other provisions in this User Agreement.

No Waiver

Failure to insist on strict performance of any of the terms and conditions of this User Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver of any of the provisions of this User Agreement shall be deemed to constitute a waiver of any other provision (whether or not similar), nor shall any waiver constitute a continuing waiver, unless expressly provided.

No Solicitation

The Website and the information contained herein are not intended to, and do not, constitute an offer or a solicitation of an offer for the purchase or sale of any securities.

Any Questions? Contact librarian@fundlibrary.com.

 
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