By
purchasing any product from RAK Associates, the
purchaser automatically agrees to the following:
Web Site
Updates
RAK
Associates may change or discontinue any aspect of its
website at any time, including, its content or features.
RAK Associates reserves the right to change the terms
and conditions applicable to use of the Products. Such
changes shall be effective immediately upon notice,
which shall be placed on the website. Use of the
Products after notice shall be deemed to be acceptance
by User of such changes.
Copyright and
License of Product
The
Products are the property of RAK Associates and are
protected by U.S. and international copyright law and
conventions. User acknowledges that access to the
Products is limited to the License terms set forth
herein and any expansion must be in writing. The
granting of the License to access and use the Products
is conditioned on User's agreement not to disclose copy,
disseminate, redistribute, or publish a Product, or any
portion of or excerpts of a Product to any other party.
User shall have the right to use the Products solely for
its own internal information purposes. Reproduction of
the Products in any form or by any means is forbidden
without RAK Associates written permission, including but
not limited to:
o Information storage/retrieval systems;
o Recordings and/or re-transmittals over any
network;
o Use in any Blog, timesharing, service bureau,
bulletin board or similar arrangement or public display;
o Posting any Product to any other online service
(including bulletin boards or the Internet blogs); or
o Sublicensing, leasing, selling, offering for
sale or assigning the product
-User agrees to maintain all copyright, trademark and
other notices contained in such Product.
-User agrees that it shall not use RAK Associates' name
or any excerpts from the Products in the promotion of
its products or services
-User is not permitted to use the Products if User is
professionally involved in securities brokerage or
investment banking, or in conducting research in support
of securities brokerage or investment banking, where the
primary use of the Product would be for making
investment decisions
Limit of
Liability/Disclaimer of Warranty
Publications/Analysis and Databases are sold “AS IS”,
without warranty or any kind express or implied
respecting its contents. RAK Associates and its
suppliers of information make no representations or
warranties with respect to the accuracy or completeness
of the contents of this analysis or that particular
information is correct, accurate or up-to-date and
specifically disclaim any implied warranties for the
analysis’s quality, performance, merchantability or
fitness for any particular purpose and shall in no event
be liable to the purchaser or any other person or entity
with respect to any liability, loss or profit or any
other commercial damage, including but not limited to
special, incidental, consequential, or other damages
caused or alleged to be caused directly or indirectly by
this analysis.
In no event will RAK Associates be liable for:
o Damages of any kind, including without
limitation, direct, incidental or consequential damages
(including, but not limited to, damages for lost
profits, business interruption and loss of programs or
information) arising out of the use of or inability to
use RAK Associates' website or the Products, or any
information provided on the website, or in the Products.
o
Any claim attributable to errors, omissions or other
inaccuracies in the Product or interpretations thereof.
Indemnification
User
agrees to indemnify, defend and hold harmless RAK
Associates, its affiliates, licensors, and their
respective officers, directors, employees and agents
from and against all losses, expenses, damages and
costs, including reasonable attorneys' fees, arising out
of the use of the Products by User or User's account.
Third
Party Rights: The provisions regarding Disclaimer of
Warranty, Limitation of Liability and Indemnification
are for the benefit of RAK Associates, and its
licensors, employees and agents. Each shall have the
right to assert and enforce those provisions against a
User.
General
Provisions: Any provision in any memorandum received by
RAK Associates in connection with the Product that is
inconsistent with, or adds to, the provisions of this
Agreement is void. Neither the parties' course of
conduct or trade practice will modify the terms of this
Agreement. If any provision of this Agreement is
determined by a court of competent jurisdiction to be
invalid, all other terms and conditions shall remain in
full force and effect.
Governing Law: This Agreement and the resolution of any
dispute arising hereunder shall all be governed and
construed in accordance with the laws of the state of
South Carolina, without regard to its conflicts of law
principles. User consents to the jurisdiction of the
courts of the state of South Carolina.