Agreement Governing Monthly Software License and/or Data Services
The software, financial analysis and financial market data (the "Service") is provided by Trendsetter Software, Inc., its affiliates, licensors, and various third-party companies (collectively, "Trendsetter"). Your use of this information constitutes your acceptance of this User Agreement ("Agreement").
The Service period begins on the first day of each month. There is no pro-rating for partial months. Initial billing occurs on the day the Service is ordered. An activation fee of $19 will be added.to the first month's Service. The fee will be waived for customers that purchase software from Trendsetter within 60 days of activation. Subsequent Service is billed, in advance, on the 25th day of each month until the Service is cancelled.
TERMINATION AND CANCELLATION
Trendsetter reserves the right to modify or terminate this service without notice at any time. Any modification, revision or update of this Agreement shall be effective upon being posted to our web site, and you are bound by the provisions of any such modification or revision. This Agreement is effective until terminated by either party. Failure to comply with the terms of this Agreement shall immediately terminate the Agreement without notice from Trendsetter.
You may terminate this agreement at any time by submitting the cancellation form on our web site, http://www.trendsoft.com/cancel.htm. Clicking "Cancel Account" will terminate your current subscription to the Service currently provided to you. Cancellation is effective as of the end of the Service period of the month in which you terminate your subscription. Cancellations received less than one business day before the end of the Service period are considered to be for the following month. You are responsible for paying and will be billed for the entire monthly fee for all services you were subscribed to at the time of cancellation. Any questions regarding Trendsetter's cancellation policies and procedures may be directed to Trendsetter via e-mail at email@example.com, or telephone at 800-825-1852.
Upon any termination or cancellation you must discontinue all access to and use of the Service and destroy or return to Trendsetter all copies of software and of all documentation related thereto. In the event of termination the restrictions imposed on you under this Agreement shall survive along with the provisions on disclaimer and limitation of liability and any unpaid balances accrued on your account prior to termination.
NO ADVICE OR SOLICITATION
The Service provided by Trendsetter is for information purposes only and should not be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation or sponsorship of any company or security by Trendsetter, or its respective officers, directors, employees or agents. You acknowledge that any requests for information are unsolicited and shall neither constitute nor be construed as investment advice by Trendsetter to you. Trendsetter does not guarantee the suitability or potential value of any particular investment or information source.
LIMITS ON USE
The Service is the property of Trendsetter and is protected by applicable copyright and trademark law and other proprietary rights. You agree not to copy, reproduce, download, retransmit, disseminate, sell, rent, sublicense, distribute, publish, perform, broadcast, display, circulate or commercially exploit the Information in any manner, or alter, store for subsequent use, decompile, disassemble, reverse engineer, or otherwise use the Information in whole or in part without the express written consent of Trendsetter. Notwithstanding the foregoing, such usage shall be permitted solely to the extent it constitutes "fair use" under the Copyright Act of 1976 (17 U.S.C. §107), as amended. You may also download one temporary copy of the software into one single computer's memory solely for your own personal non-commercial use, provided that all relevant copyright and other proprietary information shall be kept intact.
DISCLAIMERS OF WARRANTIES AND LIABILITY
The Service has been independently obtained by Trendsetter and from other sources believed to be accurate and reliable. Nevertheless, due to various factors including the inherent possibility of human and mechanical error, the accuracy, completeness, timeliness, results obtained from its use, or correct sequencing of the Service is not guaranteed by Trendsetter or any persons creating or transmitting the Service.
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOEVER. IN PARTICULAR BUT WITHOUT LIMITATION THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TRENDSETTER AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE SERVICE WILL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT ARISE OUT OF YOUR USE OF OR ACCESS TO THE SERVICE (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF OPPORTUNITY, TRADING LOSSES AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE), EVEN IF TRENDSETTER OR OTHER PERSONS CREATING OR TRANSMITTING THE SERVICE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, TRENDSETTER OR OTHER PERSONS CREATING OR TRANSMITTING THE SERVICE SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO.
Trendsetter and any person creating or transmitting the Service shall not be liable for any infection by viruses of or damage to any computer that results from your use of, access to or downloading of the Service. Access to and use of this site and the Service is at your own risk. If you are dissatisfied with the Service, products or services offered at this site or with the terms and conditions of this Agreement, your sole and exclusive remedy is to discontinue use of and access to this site and the Service.
All trade names, trademarks, service marks and other product and service names and logos featured herein are the proprietary trademarks of their respective owners and are protected by applicable copyright and trademark laws.
This Agreement is governed by the laws of the state of California without regard to its provisions of conflicts of law. Should any provision of this Agreement or portion thereof be held illegal or unenforceable by an appropriate jurisdiction such provision shall be limited or severed and the remainder of the Agreement shall continue in full force and effect. Neither the rights nor the obligations arising under this Agreement are assignable or transferable by you and any such attempted assignment or transfer shall be void and without effect. The Information is subject to United States export controls and must not be downloaded or used by any person in violation of any US law, rule or regulation nor be exported or reexported into any embargoed country in violation of US export-control laws. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.