PLEASE READ THESE TERMS OF USE CAREFULLY. BY CONTINUING YOUR SUBSCRIPTION TO OUR RESEARCH PUBLICATIONS OR USE OF THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
Standpoint Research is an independent research provider. Standpoint Research is not a member of FINRA or SIPC and is not a registered securities broker or dealer. Standpoint Research is not a registered investment adviser with the Securities and Exchange Commission or any state securities commission.
Subject to and without limiting the terms of any legally binding contract pertaining to the subject matter hereof between you and Standpoint Research, by subscribing to our service or using our website (the “Site”), you agree to each of the terms of use set forth herein, including any additional terms and conditions applicable to specific areas or content ("Terms of Use").
Standpoint Research reserves the right to modify these Terms of Use at any time without notice to you. These Terms of Use are effective immediately. Your continued use of the Site and/or acceptance of the services we provide constitutes your agreement to follow and be bound by these Terms of Use, as and if modified.
USE OF SITE, CONTENT AND COPYRIGHT
You subscribe for our research publications and communications, and are permitted to access the Site, including the written text, graphics, data, images, illustrations, marks, logos, sound or video clips, photographs and/or other works (singly or collectively, the "Content") solely for your own use. You agree to maintain all copyright, trademark and other notices on the Content. You may not copy, transmit, reproduce, publicly display, distribute, alter, transmit or create derivative works of any Content or any portion of or excerpts from the Content in any fashion that is not authorized by us in writing or expressly permitted in these Terms of Use.
You may not use any Content or any excerpt from any Content to promote your own products or services. External citation to the Content is prohibited without our express written permission, except that members of the press may cite to portions of the Content without our prior approval if such citation complies with the terms set forth in the Press Resources section of this Site.
ACCURACY OF INFORMATION
The Content in our research publications and on this Site is based on our reasonable efforts to compile and analyze the best sources reasonably available to us at any given time. Any opinions reflect our judgment at the time and are subject to change. You assume sole responsibility for the selection of the Content to achieve any of your intended results, and your sole and exclusive remedy for any alleged loss or damage suffered by you in connection with your use of the Site or the Content or the User Content is to discontinue using the Site.
WARRANTIES DISCLAIMER
OUR RESEARCH PUBLICATIONS, THIS SITE AND ALL CONTENT ARE PROVIDED "AS IS," AND STANDPOINT RESEARCH DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO OUR PUBLICATIONS, THE SITE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE FURTHER DISCLAIM ALL WARRANTIES (I) RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR ANY PORTION THEREOF THAT IS MADE AVAILABLE ON THE SITE; (II) THAT THE CONTENT PROVIDED THROUGH THE SITE WILL BE FREE FROM ERRORS, OMISSIONS, DEFECTS, OR DELAYS IN OPERATION, OR FROM TECHNICAL INACCURACIES OR OTHER ERRORS; (III) THAT THE CONTENT SHALL NOT INFRINGE THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY; (IV) THAT THE CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION.
LIMITATIONS ON LIABILITY
YOU AGREE THAT STANDPOINT RESEARCH SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY THEORY OF LAW FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS FAILURE OR LOSS, ARISING OUT OF YOUR SUBSCRIPTION TO OUR RESEARCH PUBLICATIONS, USE OF THE SITE OR THE CONTENT, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE FURTHER THAT STANDPOINT RESEARCH SHALL NOT BE LIABLE FOR ANY DAMAGES INCURRED BY YOU ARISING AS A RESULT OF RELIANCE UPON THE CONTENT, USER CONTENT OR THE SITE OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE CONTENT OR THE SITE OR INTERPRETATIONS THEREOF. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, STANDPOINT RESEARCH’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW, AND THE TERMS LIMITING STANDPOINT RESEARCH’S LIABILITY IN THIS SECTION SHALL IN ANY CASE BE INTERPRETED TO LIMIT ITS LIABILITY TO THE GREATEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You understand and agree that you are responsible for your use of our research publications, other communications, however transmitted, and the Site. You agree to indemnify, defend and hold harmless Standpoint Research, its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any applicable third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Content, the User Content or any violation by you of these Terms of Use.
GOVERNING LAW
These Terms of Use, and their validity, construction and effect, shall be governed by and enforced in accordance with the internal laws of Florida without reference to the conflicts of laws provisions therein. You specifically and irrevocably consent for any claims or disputes arising out of your use of the Site or these Terms of Use to the jurisdiction of, and venue in, arbitration under the auspices of the American Arbitration Association and for the enforcement of any award rendered thereby, the federal or state courts sitting in Florida.
DISPUTE RESOLUTION
We agree to the following dispute resolution procedures and forums regarding all disputes pertaining to your subscription to our research publications, access to the Site or these Terms of Use.
Binding Arbitration. If a dispute arises with respect to any aspect of your subscription to our research publications, access to the Site or these Terms of Use, or your relationship with Standpoint Research, the dispute shall be submitted to final and binding arbitration under the auspices of the American Arbitration Association before a single arbitrator, if the alleged amount in controversy is less than $250,000, and before a panel of three arbitrators, if the alleged amount in controversy is $250,000 or greater, each arbitrator as designated and selected in accordance with its procedures. The venue for the arbitration shall be Miami, Florida or another location as mutually agreed to by the parties. Judgment upon any award made by the arbitrator may be entered in any state or federal court sitting in Florida.
Attorneys’ Fees. In connection with any arbitration commenced pursuant hereto, the prevailing party in such action shall be entitled to an award of its reasonable attorneys’ fees and costs, from inception of such action through final award and any post-award enforcement proceedings or appellate action. For all purposes hereunder, the term “prevailing party” shall mean, in the case of the claimant, a compensatory damages award after the conclusion of the arbitration by an amount greater than or equal to fifty (50%) percent of the compensatory damages sum alleged in the Demand for Arbitration filed at the inception of the arbitration. Conversely, if the award after the conclusion of final hearings is less than fifty (50%) percent of the compensatory damages sum alleged in the Demand for Arbitration filed at the inception of the arbitration, respondent shall be deemed the prevailing party.
LINKS
Standpoint Research may provide references to and/or links to third-party content and other websites on the Site. We do not endorse, sponsor, or accept any responsibility for such material. We are not responsible for the content or privacy practices of any linked sites.
PROPRIETARY RIGHTS
The Content is the property of Standpoint Research and is protected by US and international copyright law and other intellectual property laws. You acknowledge that the Content is proprietary to Standpoint Research and/or its licensors and comprise: (a) works of original authorship, including compiled content containing our and/or our licensors’ selection, arrangement, coordination, and expression of such content or pre-existing material it has created, gathered, or assembled, and (b) information that has been created, developed, and maintained by Standpoint Research or its licensors at great expense of time and money such that misappropriation or unauthorized use by others for commercial gain would unfairly and irreparably harm us and/or our licensors. You shall not commit or permit any act or omission that would impair Standpoint Research’s and/or its licensors’ proprietary and intellectual property rights in the Products. Except as permitted herein, you shall not directly or indirectly copy the Content in whole or in part without our express written consent. You shall not decompile, disassemble, electronically transfer, de-encrypt, or reverse engineer the Content, or translate it into another computer language. All of your rights to use the Content are expressly stated herein and are subject to the further restrictions set forth below; there are no implied rights, and we reserve all rights not expressly granted to you. Inquiries regarding permission to copy or use the Products in any other manner should be directed to our Client Services personnel.
LICENSE
The User License enables access by you to the licensed Content for the time period set forth on the Site using a user ID and a password validly issued by us. You are prohibited from sharing your password with, or otherwise providing such access to, any third party. You acknowledge that access to the Content is limited to the license terms set forth herein and any expansion is subject to our prior written approval. The User License entitles you to make a single copy of the Content for your personal archival use. You shall not sell, lease, transfer, sub-license, or otherwise misuse, misquote, republish, mischaracterize or make available or permit access to the Content or any portion thereof, to any third party.
TERMINATION
This Agreement shall remain in force until terminated. Standpoint Research may terminate this Agreement or suspend your access to the Content at any time without notice or reason without refund of any portion of the subscription fee.
