| AppForce.net Terms of
Usage |
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YOU MUST AGREE TO ALL OF THE TERMS AND
CONDITIONS CONTAINED IN THIS AGREEMENT TO BECOME A USER, WHICH IN
TURN PERMITS YOU TO ACCESS CERTAIN OF MarketProven Inc.'s
APPLICATION SERVICE PROVIDER (ASP) SERVICES (THE
"PRODUCTS") ON MarketProven Inc.'s WEB SITE. BY
PURCHASING A SUBSCRIPTION, YOU AGREE TO THE TERMS OF THIS
AGREEMENT, JUST AS IF YOU HAD SIGNED THIS AGREEMENT. IF YOU DO NOT
WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT COMPLETE THE
ENROLLMENT PROCESS.
- Changed Terms.
MarketProven Inc. may change or
discontinue any aspect of its website at any time, including,
its content or features. MarketProven Inc. 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.
- Term.
MarketProven Inc. may terminate
User's access at any time for any reason. The provisions
regarding Disclaimer of Warranty, Accuracy of Information,
Indemnification, and Third Party Rights shall survive.
- Copyright and License of Product.
The Products are the property of MarketProven Inc.
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 MarketProven Inc.'s written permission,
including but not limited to:
- information storage and retrieval
systems;
- recordings and retransmittals over
any network (including any local area network);
- use in any timesharing, service
bureau, bulletin board or similar arrangement or public
display;
- posting any Product to any other
online service (including bulletin boards or the
Internet); or
- 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 MarketProven Inc.'s 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.
- Disclaimer of Warranties.
MarketProven Inc. does not make any
warranties, express or implied, including, without limitation,
those of merchantability and fitness for a particular purpose,
with respect to the Products. Although MarketProven Inc. takes
reasonable steps to screen Products for infection by viruses,
worms, Trojan horses or other code manifesting contaminating
or destructive properties before making the Products
available, MarketProven Inc. cannot guarantee that any Product
will be free of infection.
- Accuracy of Information.
The information contained in the
Products has been obtained from sources believed to be
reliable. MarketProven Inc. disclaims all warranties as to the
accuracy, completeness or adequacy of such information. The
reader assumes sole responsibility for the selection of the
Products to achieve its intended results. The opinions
expressed in the Products are subject to change without
notice.
- Limitation of Liability.
In no event will MarketProven Inc.
be liable for:
- 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
MarketProven Inc.'s website or the Products, or any
information provided on the website, or in the Products
- any claim attributable to
errors, omissions or other inaccuracies in the Product or
interpretations thereof.
- Indemnification.
User agrees to indemnify, defend and
hold harmless MarketProven Inc., 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 MarketProven Inc., 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 MarketProven Inc. in connection with the Product
which 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
Connecticut, without regard to its conflicts of law
principles. User consents to the jurisdiction of the courts of
the state of Connecticut.
- Privacy Statement.
A customer's right to privacy is of
paramount importance to MarketProven Inc.. When you register
to use our site, MarketProven Inc. will ask you to provide
your name, organization, email address, and other information.
We use that information to provide you a more personalized
online experience and to process orders, as well as to keep
track of what topics are of interest to our readers. This
information will not be shared with any third party.
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