In your general use of the Financials.com - E-Line Financials, Inc. (Financials.com) web site, as well as in completing a registration and using an account with Financials.com, whether as an individual user or a cobrand partner, you agree to be bound by the following terms and conditions:
1. You understand and agree that Financials.com's services are provided to general and registered users ("you" or "User" or, collectively, "Users") exclusively under these Terms of Service ("Terms"). In your general use of the Financials.com web site, as well as by completing the registration process and using your account, you are stating that you are an adult (18 years or older), that you have read and understand the Terms and that you agree to be bound by the Terms in effect and as updated by Financials.com from time to time.
All information contained on Financials.com's web site is the property of Financials.com or its third party data or other service providers. The data is protected by copyright and other intellectual laws and all ownership rights remain with Financials.com, the third party or other service provider, as the case may be.
You may only use the information contained on Financials.com's web site for your own personal and non-commercial purposes. Such use will be in accordance with these Terms and any other requirements which may, from time to time, be set out elsewhere on our services. You may not copy, archive, distribute or redistribute the information, including by caching, framing or similar means or sell, resell, re-transmit or otherwise make the data retrieved from our services available in any manner to any third party, without the prior permission in writing from Financials.com.
2. Financials.com reserves the right to terminate any User's account if Financials.com learns that such User has provided Financials.com with false or misleading registration information or has violated the Terms.
4. Financials.com may modify or discontinue its services or any User's account with or without notice to any User, and without liability to any User or any third party.
5. You understand and agree that Financials.com's services are provided "as is", on a wholly without warranty basis.
6. You are responsible for maintaining the confidentiality of your user id and password. You are responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify Financials.com of any unauthorized use of your account.
7. Financials.com and/or third parties may, from time to time and if previously authorized to do so by Users, send email messages to Users containing advertisements, promotions, etc. Financials.com makes no representation or warranty with respect to the content of any such email messages or any goods or services which may be obtained in response to such email messages and User agrees that Financials.com shall not have any liability whatsoever with respect thereto.
8. You agree that Financials.com will have no liability for loss of personalization settings or for serving a personalized service to a User other than the User who registered the personalized service.
9. Financial data presented on the Financials.com website, whether originating from Financials.com or any of its third party data providers (for example, NAQ), is for informational purposes only, does not and is not intended to provide any financial or other advice and does not constitute an offer to sell or a solicitation of an offer to buy, by Financials.com or any other party, for any security and may not constitute prices at which securities could have been sold in any market or to or from any person. Although data underlying these pricing estimates has been obtained from sources we believe to be reliable, we do not guarantee the accuracy of the underlying data or computations based thereon.
10. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF FINANCIALS.COM'S SERVICES ARE AT YOUR SOLE RISK, THAT ANY INFORMATION MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF FINANCIALS.COM'S SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY USE OF SUCH DATA, INFORMATION OR ANY OTHER MATERIAL INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM, WEB SITE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
11. FINANCIALS.COM AND ITS DATA PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
12. FINANCIALS.COM AND ITS DATA PROVIDERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF FINANCIALS.COM'S SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH FINANCIALS.COM'S SERVICES, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH FINANCIALS.COM'S SERVICES, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH FINANCIALS.COM'S SERVICES OR THAT FINANCIALS.COM'S SERVICES WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
13. FINANCIALS.COM AND ITS DATA PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE FINANCIALS.COM'S SERVICES, RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH FINANCIALS.COM'S SERVICES, RESULTING FROM LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF FINANCIALS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. You agree to indemnify, defend and hold harmless Financials.com, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of Financials.com's services, your violation of the Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
15. These Terms will be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to its conflict of laws provisions or your actual state, province or country of residence.
16. These Terms will enure to the benefit of Financials.com's successors, assigns and licensees.
17. Any waiver of any provision of the Terms will be effective only if in writing and signed by Financials.com.
18. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, that provision or portion shall be deemed severed from the Terms and the remainder of the Terms will continue in full force and effect.
19. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.