DISCLOSURE AND USER AGREEMENT
The content, advertising and financial market information accessible through http://www.ProManageplan.com including but not limited to all design, text, audio, images and financial analysis and research and other financial market data (the "Information") is provided by ProManage, LLC, a Delaware company, its affiliates, licensors and various third-party companies, and their respective officers, directors, members, managers, employees, affiliates and agents (collectively "ProManage"). Your review or use of this information after accessing the website constitutes your acceptance of this Disclosure and User Agreement (the "Agreement").
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MODIFICATION AND MONITORING OF WEBSITE
ProManage reserves the right, at our discretion, to change, modify, add or remove portions of these terms at any time without notice to you. We suggest that you check these terms periodically for changes. The terms can be accessed from the link at the bottom of our website pages. If you use this website after we post changes to the terms, you accept the changed terms. ProManage expressly reserves the right to monitor any and all use of this website.
LIMITS ON USE
The Information is the exclusive property of ProManage and is protected by applicable copyright and trademark law and other proprietary rights. Unauthorized use of the Information is prohibited. 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 ProManage. Any rights not expressly granted herein are reserved by ProManage. You may not link other websites to this website without the express written permission of ProManage. You may download one temporary copy of the Information into one single computer's memory solely for your own personal non-commercial use and not for distribution, provided that all relevant copyright, trademark and other proprietary notices shall be kept intact.
DISCLAIMERS OF WARRANTIES AND LIABILITY
Due to various factors, including the inherent possibility of human and mechanical error, the accuracy, completeness and timeliness of the Information and the results obtained from its use, or correct sequencing of the Information is not guaranteed by ProManage or any persons creating or transmitting the Information. News stories reflect only the author's opinion and not that of ProManage.
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TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PROMANAGE AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION 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 INFORMATION (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 INFORMATION), EVEN IF PROMANAGE OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, PROMANAGE OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION 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.
This site may have links to other (third-party) internet sites which have not necessarily been screened or reviewed by ProManage and which may contain inaccurate, inappropriate or offensive material, products or services and the existence of external links does not constitute an endorsement by ProManage of the linked website. ProManage assumes no responsibility or liability with regard to the accuracy, reliability, legality or decency of such third-party sites, content, products or services. ProManage and any person creating or transmitting the Information 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 Information. If you are dissatisfied with the Information, 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 Information.
TERMINATION AND CANCELLATION
ProManage reserves the right to modify or terminate this site or any of these terms, and to terminate your access to this site, without notice at any time.
All trade names, trademarks, service marks and other product and service names and logos displayed herein are the proprietary marks and names of their respective owners, are protected by applicable copyright and trademark laws and may not be used by you without express authorization. http://www.ProManageplan.com is not owned, sponsored, approved by or otherwise affiliated with any other entity named herein.
JURISDICTIONAL ISSUES AND APPLICABLE LAW
Unless otherwise specified, ProManage controls and operates this site from its offices within the State of Illinois, United States of America.
· ProManage does not claim that materials in this site are appropriate or available for use in locations other than Illinois. If you choose to access this site from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.
· Software from this site is further subject to United States export controls. Software from this site may not be downloaded or otherwise exported or reexported outside the United States. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory outside of the United States. The laws of the State of Illinois govern these terms. If you take legal action relating to these terms, you agree to file such action only in Illinois, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any action relating to these terms or the website.
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 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.